From rhalperi at smu.edu Tue Mar 1 09:56:56 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 1 Mar 2016 09:56:56 -0600 Subject: [Deathpenalty] death penalty news----TEXAS, CONN., S.C., GA., FLA. Message-ID: March 1 TEXAS----impending execution Polunsky inmate waits for death Coy Wesbrook, Texas Death Row inmate No. 999281, stepped through white metal doors wearing over-worn white prison scrubs and black reading glasses that were slipping off his nose. Wesbrook was sentenced to death by lethal injection for a shooting in 1997 that claimed four lives. Now, he is counting down the days until his scheduled execution on March 9. In an interview late last year, he told 2 journalists from Texan News that he killed in self-defense. "I didn't attack these people, these people attacked me," said Wesbrook. "That's what got the ball rolling in the first place. I didn't go over there with the intent to kill anybody." Wesbrook is 1 of 263 people on Texas death row, the nation's busiest. If he is executed as planned on March 9, he will be among about 12 %% of executed prisoners in the nation who expressed remorse for their actions or admitted guilt in final statements. That figure comes from an analysis official statements from condemned prisoners in a database maintained by Tarleton State University journalism and broadcasting students. The database contains the final words spoken, if any, by condemned prisoners and can be found at http://www.tarleton.edu/scripts/deathrow/. The final statements come from public records, news accounts and academic research involving 1,339 executions of the 1,427 carried out in the United States since 1976. The database shows that about 6 percent of prisoners executed made unambiguous declarations of innocence or said the wrong person was tried for their crime. Other statements consisted of offenders telling loved ones goodbye, praying, making hand gestures, talking about drugs, blaming the court system, words of advice, and rambles. In 30 percent of the cases, records show the inmate made no statement or records could not be found saying whether a statement was made Wesbrook, according to state prison records, was convicted of killing his ex-wife and 3 men in her home on Nov. 13, 1997. A 5th victim, another woman, was shot but survived. Wesbrook said he killed because he observed his ex and 2 of the men having sex. "I don't feel like I'm in the wrong," said Wesbrook. "I don't feel like I deserve to die. I haven't done anything like this in my entire life." Wesbrook came into prison without a criminal history, but with a lot of mental issues. Records show that Wesbrook had a hard time learning when he was younger and didn't develop proper social skills. Wesbrook was also sent to therapy when he was a child to help with his social and educational skills. In his interview, Wesbrook says he always believed that there was a God, and when his time comes in March that he will be with God. "I believe there is a God in heaven," said Wesbrook. "I've read the Bible 3 times, front to back. I pretty much know what it's all about and pretty much have given myself to the Lord." Wesbrook expressed remorse for his victims and their families. "Over the years now, I've had time to think about all this stuff and rationalize it and I see where I went wrong, so I???m prepared," said Wesbrook. "In fact, I was so prepared to die, when we rolled up here, I asked, 'What do I got to do to find a way to get me executed like next week.'" If Wesbrook is executed as planned on March 9, he will be the 4th prisoner executed in Texas for 2016. Westbrook said his attorney is not planning on making any last-minute appeals. "I'm happy it's over with - finally," said Wesbrook. "For me it's the light at the end of the tunnel - finally. I have no bad feelings for any of these people up here. I don't want to kill the guards. I don't want to kill the major. I don't want to kill the judge. I don't want to kill anybody. Killing is over with - it's time to kill me." Wesbrook has had the last 17 1/2 years to contemplate what his final words would be. At the end of the interview, Wesbrook recited what he was planning for his final statement. "To the victims' families, I'm sorry that all this stuff happened. I'm not proud of what I did, but [y'all] weren't there that night, [y'all] don't really know what everybody did," said Wesbrook. "I was there, I knew what everybody did, and I was just literally scared out of my mind." Megan Peterson is a December 2015 journalism graduate of Tarleton State University. She and videographer Justin Pack interviewed Wesbrook on Dec. 2, 2015 in the Polunsky Unit in rural Polk County Peterson oversaw the update of the final statements database with assistance from students Alejandra Arrequin, Chance Bragg, Misty Browning, Tyler Christensen, Sara Gann, Rebekah Gilligan, Ariel Hall, Sean Hargrove, Dominique Martin, Veronica Morales, Aimee Nash, Cresenda Steele and assistant professor Dan Malone. The statements were sorted and counted by Texan News staffers Megan Andrews, Alejandra Arreguin, Harley Brown, Sydney Burns, Shelby Clayton, Ashley Ford, Denise Harroff, Rebecca Hernandez, Maggie Mankin, Veronica Morales, Forrest Murphy, Keauno Perez, Kelsey Poynor and Sammie Wight. (source: Texan News Service) **************** Texas Prepares for Execution of Coy Wesbrook on March 9, 2016 Coy Wayne Wesbrook is scheduled to be executed at 6 pm CST, on Thursday, March 9, 2016, at the Walls Unit of the Huntsville State Penitentiary in Huntsville, Texas. 58-year-old Coy is convicted of the murder of his 32-year-old ex-wife Gloria Jean Coons, 43-year-old Diana Ruth Money, 41-year-old Anthony Ray Rogers, 35-year-old Antonio Cruz, and 28-year-old Kelly Hazlip on November 13, 1997, in Houston, Texas. Coy has spent the last 18 years of his life on Texas' death row. Coy dropped out of school following the 8th grade. He did not have a prior prison record in Texas. He had previous worked as a security guard. On the night of November 12,1997, Coy Wesbrook stopped by the home of his ex-wife, Gloria Coons. Wesbrook had hoped that he and Gloria could reconcile, however, upon his arrival, he discovered that several other people, roommate Diana Money, Kelly Hazlip, and Anthony Rogers, also at her home. A 3rd male, Antonio Crux, arrived a short time later. They had all been drinking heavily. Wesbrook was invited to stay and drink with them. Wesbrook told police that he was uncomfortable staying, but did so anyway. Eventually, during the early morning hours of November 13, 1997, the talk turned to a sexual nature. Gloria left the group, disappearing into her bedroom with Kelly, a male. Anthony joined them a short time later. Anthony reappeared, with his pants unzipped, claiming that Gloria had just given him oral sex and was about to sleep with Kelly. Wesbrook felt that he was being humiliated and left the apartment. Antonio followed Wesbrook and attempted to talk to him, before taking the keys to Wesbrook's truck. Wesbrook grabbed a hunting rifle from his truck and returned to the apartment to retrieve his keys. Upon returning the apartment, Wesbrook claims that he was verbally harassed, threatened, and physically abused by the individuals in the apartment. Wesbrook alleged that Ruth threw a beer at him, causing him to fire his weapon. Anthony and Antonio then rushed at Wesbrook. Wesbrook shot both them. He then entered the bedroom and upon seeing Gloria and Kelly having sex, he "lost it" and shot both of them. Several neighbors heard the gunshots and called police. Neighbors exited their apartments and observed Wesbrook leaving Gloria's apartment and another man lying on the ground. Police found Wesbrook standing by his truck, making several self-incriminating statements, some of which could be heard on 9-1-1 calls by the neighbors. All died at the scene, except Kelly, who was shot in the abdomen. He died 5 days after being shot. Wesbrook was convicted and sentenced to death on September 2, 1998. Please pray for peace and healing for the families of Gloria Coons, Antonio Crus, Diana Money, Anthony Rogers, and Kelly Hazlip. Please pray for strength for the family of Coy Wesbrook. Please pray that if Coy is innocent, lacks the competency to be executed, or should not be executed for any other reason, that evidence will be presented prior to his execution. Please pray that Coy may come to find peace through a personal relationship with Jesus Christ, if he has not already found one. (source: theforgivenessfoundation.org) ************ Executions under Greg Abbott, Jan. 21, 2015-present----16 Executions in Texas: Dec. 7, 1982----present-----534 Abbott#--------scheduled execution date-----name------------Tx. # 17---------March 9------------------Coy Wesbrook----------535 18---------March 22-----------------Adam Ward-------------536 19---------March 30-----------------John Battaglia-----------537 20---------April 6------------------Pablo Vasquez-----------538 21---------April 27-----------------Robert Pruett------------539 22---------May 11-------------------Terry Edwards---------540 23---------June 2-------------------Charles Flores----------541 24---------June 21------------------Robert Roberson-------542 25---------July 14------------------Perry Williams---------543 26---------July 27------------------Rolando Ruiz-----------544 (sources: TDCJ & Rick Halperin) CONNECTICUT: Court rules Peeler got best lawyer he could afford Convicted killer Russell Peeler Jr. was entitled to the lawyer of his choice, but not one he couldn't afford, the state's highest court ruled Monday. Peeler is currently in limbo as he waits a final decision from the state Supreme Court on whether he will get the death penalty for ordering the murders of a Bridgeport mother Karen Clarke and her 8-year-old son B.J. Brown in 1999 - a crime that shocked the country. But before the deaths of the boy and his mother, Peeler was convicted of killing Clarke's boyfriend, Rudolph Snead, in a Bridgeport barbershop. It's that conviction, and its sentence of 105 years in prison, that Peeler is trying to get overturned on the basis that he was deprived of the lawyer of his choice. That lawyer, Gary Mastronardi, of Bridgeport, declined to represent Peeler because Peeler had no money and the state would not pay the fee Mastronardi demanded to take the case. "Given the court's determination that Mastronardi was not available to represent the defendant because the defendant was indigent and Mastronardi would not accept assigned counsel rates to represent him, we conclude that the trial court did not violate the defendant's right to counsel of choice," the state Supreme Court ruled Monday. "I'm not surprised by the ruling," Mastronardi said. "We are certainly pleased with the court's favorable decision, but given the current reality in which criminal defendants have multiple opportunities to challenge any conviction, we fully anticipate continued litigation regarding this matter well into the future," said Bridgeport State's Attorney John Smriga. Peeler, who ran a drug operation in Bridgeport in the 1990s, had gotten into a dispute with Snead over some of the proceeds of drug sales. On Sept. 2, 1997, Snead was driving on the Interstate 95 entrance ramp in Bridgeport from Lindley Street with his 7-year-old son, Tyree, and Brown in the back seat when Peeler pulled alongside car and fired at Snead, according to trial testimony; Snead was wounded in that incident. On the night of May 29, 1998, Snead was on the telephone in the back of the Boston Avenue Barbershop in Bridgeport when Peeler, a jacket over his head, confronted Snead with a .40-caliber handgun, riddling the victim's body with bullets. As Snead slumped to the floor, he uttered in his dying breath, "It was Russell, yo." In 2012, the Connecticut Legislature struck down the state's death penalty for all future cases, but lawmakers did not apply the change in law to those already on death row. The state Supreme Court later threw out the death penalty for everyone, but is now considering an appeal by the state's top prosecutor to restore it. (source: Connecticut Post) SOUTH CAROLINA: Senators look to gas for execution South Carolina executions have long been carried out by lethal injection, with the electric chair as an option if inmates so choose. But 2 senators are proposing the Senate consider allowing nitrogen gas as a 3rd option, one adopted last year by Oklahoma, because of the lack of lethal injection drugs available for executions nationwide. This is not the gas formerly used in some states' gas chambers, which in some cases involved botched and gruesome executions. In theory nitrogen gas would slowly deprive an inmate of oxygen but not suffocate them. Sen. Mike Fair, a Greenville Republican and chairman of the Senate Corrections and Penology Committee, has paired with Sen. Brad Hutto, an Orangeburg Democrat and defense lawyer, to propose using the gas as an alternative to a bill that would shield the identities of companies that sell lethal injection drugs to the state's prison agency. That bill drew a 7-7 vote last year, preventing it from moving to the floor. Fair said he plans to poll the bill out of committee Tuesday and propose the gas amendments to bypass the secrecy issue and give the Department of Corrections a working alternative once they are ordered to carry out an execution. "We think we have an avenue," Fair told The Greenville News. "What we don't know is how well we are going to be received by either caucus." Hutto said he is not a big fan of the death penalty, is not sure it is a deterrent but does understand from a victim's point of view that at least it stops that defendant from offending again. "Having said all that, if we are going to have a death penalty, we need one that is being administered in a humane way without any legal issues," he said. "The way we are headed with this bill trying to let companies hide behind a shield, that is asking for more lawsuits and more trouble." He said inmates could choose between gas or electrocution or lawmakers could do away with the electric chair. Lethal injection has become an issue nationwide in recent years as companies have refused to provide the necessary drugs and pharmacists have balked at putting themselves into such a public crossfire. As drug inventories expired, South Carolina's Department of Corrections has been unable to replace them. Inmates can choose to be electrocuted but can't be forced to under state law. So Fair and other lawmakers pushed a proposal to shield companies selling the drugs in hopes the secrecy would make them willing to provide the drugs. But the proposal stalled in both chambers. Lawmakers since have proposed alternatives, including a firing squad or making electrocutions mandatory. Fair and Hutto say the gas idea would be humane and could get lawmakers beyond arguments over secrecy. While Oklahoma lawmakers adopted nitrogen hypoxia as a backup method of execution last year, it has yet to be used in an execution. Lawmakers there envisioned a mask being placed over an inmate's head and pumped with the gas, which would not suffocate the inmate but gradually deprive them of oxygen, causing them first to lose consciousness and then to die, in theory without pain. Another type of gas, from hydrogen cyanide, was long used by some states in gas chambers. But some of those executions resulted in gruesome deaths and many states mothballed the devices in favor of lethal injection. Today, states are looking at alternatives to lethal injection unable to find the necessary drugs. Oklahoma, where an inmate took 43 minutes to die after a lethal injection in 2014, also was in search of an alternate method when the idea of nitrogen gas surfaced. The drug is relatively cheap and readily available from industrial suppliers. South Carolina last carried out an execution in 2011. Fair said the Attorney General's Office says the earliest an execution might again be carried out is later this year or early next year. Hutto said it could be several years. In any case, Fair said the bill to shield drug companies likely will receive an objection, a move that would take a two-thirds vote to overcome. But he said the amendments would focus the issue on allowing the state's prison agency to carry out the law instead of on a debate over secrecy and transparency. Hutto said he thinks the approach could work, though maybe not in this session. "I think it has a better chance of passing than the bill they're trying to pass," he said. (source: thestate.com) GEORGIA: Personal Reflections Mark Ex-Justice and Prosecutor's Death Penalty Debate Norman Fletcher said that before he joined the Supreme Court of Georgia in 1989, he had given little thought to the death penalty. He had never tried or defended a death penalty case and, because of that, he didn't oppose it. And during more than 15 years on the court, Fletcher said he didn't do enough to stop what he now calls "the machinery of death." But the former chief justice said Friday at the annual Bar, Media, and Judiciary Conference that during his tenure on the high court, his review of death penalty cases caused him to change his mind. Since leaving the court in 2005 and joining Brinson Askew Berry Seigler Richardson & Davis in Rome, Fletcher said, "It has been very hard for me to take every time there has been an execution in Georgia. ... I have a terrible job in forgiving myself. It is a very, very tough burden to carry." Gwinnett County District Attorney Danny Porter, who joined Fletcher in a discussion moderated by former Democratic gubernatorial candidate Jason Carter, said he has no regrets. Citing Chris Kyle, the author of "American Sniper," Porter said, "I'm ready to meet my maker and account for every shot I've taken." Porter, the state's longest-serving district attorney, said the death penalty "is a valid punishment in a civilized society." Porter said he has secured death penalty verdicts against six defendants and witnessed three executions. One of them was the execution of Kelly Gissendaner last fall. Because the death penalty is state law, Porter added, any district attorney who states unequivocally not to seek it "is in dereliction of his duty." During the conversation, the former justice and the DA shared their personal motivations for their stances on the death penalty. Fletcher said over the years he became shocked at the often poor quality of the defense, particularly in cases involving indigent defendants. Fletcher said cases reviewed by the high court were often characterized by appointed counsel who had never tried a death penalty case, who were civil attorneys with no experience in criminal defense, who fell asleep at trial or who needed the business so badly that they didn't even have funds to hire investigators. The former chief justice touted the creation in 2005 of a statewide public defender system, that, while underfunded, "improved the quality of defense in death penalty cases." Fletcher also contended that the death penalty has "absolutely no deterrent effect" and "makes no business sense" economically. Death penalty cases devour 10 % of all court resources, although they involve only 1/10 of 1 % of all court filings, he said. In addition, he said that juries make mistakes. Of 1,423 death sentences handed down since 1976, 156 defendants have been exonerated, Fletcher said. "There is no question we have executed innocent people in this country." The chief justice also criticized the administration of the death penalty as arbitrary. While he was a justice, the high court reviewed 3,000 murder cases where the death penalty either was not sought or, if it was sought, was not imposed, he said. He questioned how anyone could say which murder "was more horrid, which deserved [the death penalty] more than the others." The former justice also offered that the ultimate morality of the death penalty was "a big factor" in his turn-around. "Jesus died an innocent man," he said. "The state executed him. ... Jesus himself was put to death by the state with the cooperation of religious leaders." Acknowledging that he disagreed with most of what Fletcher said, Porter explained how he had reached the conclusion that the death penalty is a valid punishment. "I've seen things none of you have seen," he said. The body of a dead toddler who had been burned alive while imprisoned in the trunk of a car. A woman gunned down by a police officer who lured her to a meeting where he robbed her before shot her. A body dumped in a well - in a 1985 case where a 21-year-old was kidnapped, burned, stabbed and strangled - where Porter was spared from recovering the body only because a firefighter at the scene was smaller in stature and could fit in the dark, confined space more easily. What kind of penalty, besides the death penalty, should be imposed on a police officer who violates his oath of office and uses his position to kill someone, Porter asked. What other penalty is available for an inmate serving multiple life sentences who from prison successfully arranges the murder of an individual over a $500 debt? In response to those cases, Porter said, "My visceral reaction was that you have to think about the death penalty." He said he turned to philosophers such as John Locke and Thomas Hobbes for guidance, adding that he concluded that if society can take an individual's liberty, it also has the right to take a life. Porter said he also turned to the Bible, finding support for the death penalty in the book of Romans. And he turned to Donald Kiernan, a metro Atlanta Catholic priest, known as "the cop's priest," who co-founded the Georgia Association of Chiefs of Police and served as its longtime chaplain. Kiernan's conclusion, Porter said: "Somebody's got to do it. It's the law in this state." Porter also challenged Fletcher's arguments that the death penalty is biased in its administration, contending that claim has been "generally discredited." The DA also suggested that those death row inmates exonerated by the Innocence Project were exonerated not based on newly uncovered facts "but on procedural defects" associated with the litigation. And, he added, with the advent in Georgia of the Capital Defenders, "Those days of poor presentation ... and procedural defects are essentially gone." Porter said that every finding of error in a death penalty case "proves the system works." Asked by Carter about the inconsistency that may result from deciding which crimes are "so far beyond the pale ... that a person deserves to die," Porter replied: "I don't see consistency as a requirement of the system," he said. "I don't see consistency as a goal. ... I don't think it's necessary to be consistent." Instead, he said, "I represent the citizens of Georgia. ... I represent their interests." (source: dailyreportonline.com) ********** Father supports death penalty for man who killed teens The father of 1 of 2 murdered teenagers told Channel 2 Action News that he supports the death penalty after a jury found the teens' killer guilty Monday afternoon. The jury deliberated less than 2 hours before finding William Felts guilty of murder and other charges. The murder happened 9 years ago. The father of 1 of the victim's told Channel 2's Tom Jones that the death penalty was designed for people like Felts. The guilty verdict sent family members of the victims, 15-year-old Dell Mattox Jr. and his 13-year-old cousin, Chrisondra Sierra Kimble, into tears. Outside court, Mattox's father explained to Jones why he was so emotional. "A huge, huge weight has been lifted off my shoulders," Del Mattox. Sr. told Jones. The jury convicted Felts on 10 of 11 counts, including murder, kidnapping and aggravated assault. Family members hugged and celebrated with Fulton County prosecutor Pete Johnson after the verdict. "We were really proud of him. And proud of his team," Mattox said. Prosecutors argued that Felts was with Jeremy Moody in April 2007 when they stabbed to death the 2 cousins in a wooded area behind Bethune Elementary School as the teens returned from a snack run. The assistant DA said it was a robbery attempt that turned deadly. Prosecutors plan to seek the death penalty. Mattox says it's an appropriate punishment. "I am in agreement with it and if that's what he gets, then that's what he gets," Mattox said. "They don't need to be in society with civilized people." Felts attorney argued he wasn't there during the murders. Jeremy Moody was sentenced to death in 2013. The sentencing phase of this trial will begin Tuesday morning. (source: WSB TV news) *************** Killer's lawyers: Prosecutor paid witnesses and hid it Lawyers for a man sentenced to death for murder are seeking a new trial because the prosecutor paid witnesses and did not disclose it. An angry Newton County District Attorney Layla Zon said during a hearing Monday on a motion for a new trial that the witnesses - 3 of them flown from New Jersey - were only reimbursed for the wages they lost while waiting in a Covington motel until time to testify in the 2012 death penalty trial of Rodney Young. Young was living and working in New Jersey when he drove to Georgia to murder his ex-girlfriend's son. "These witnesses did not make any money to come down here," said Zon, who obtained the pay records from each worker before they were reimbursed. "It's insulting." But Zon conceded that she had never before given a witness more than the $25 per diem allowed by Georgia law or reimbursed witnesses for expenses such as meals, transportation and hotels. Prosecutors called 14 witnesses who lived in New Jersey, but only 3 of them, plus 1 witness from Riverdale, were paid for wages they lost while being away from their jobs to testify. Except for expert testimony, paying "lay" witnesses "has never happened before in a criminal prosecution in Georgia," said Josh Moore, 1 of Young's lawyers. "This is an inappropriate, illegal payment. ... She held a $700 check over their heads illegally and the jury needed to hear about it." Young's lawyers, including attorneys from ACLU's Capital Punishment Project, were in a Covington courtroom Monday to argue for a new trial because the payments were not disclosed and that information could have been used when those witnesses were questioned. In the trial 3 years ago, Young's lawyers argued he was intellectually disabled, which would have made him ineligible for the death penalty. The defense called some of his teachers, who testified that there was evidence of the disability. The prosecution countered by calling former co-workers, including 3 of those paid, who said Young did his job well, was punctual and showed no signs of an intellectual disability. Young's lawyers say his work records, since acquired, show otherwise. They argued Monday that the paid witnesses - Benito Lopez, Edward Harris, Wanda Wilcher and Latrice Rivers - testified in such a way as to ensure they'd get the money. ACLU lawyer Brian Stull said just as Lopez, Harris, Wilcher and Rivers would do a good job in order to get paid by their employers, they would give the testimony Zon wanted so she would reimburse them for the wages they lost while taking part in the trial. Lopez and Harris were paid $700, Wilcher more than $400, and Rivers $100. Each also got the $25 per diem that Georgia law allows. Zon said she didn't tell Young???s lawyers about the reimbursements for lost wages because they didn't ask. Moreover, she said the suggestion by Young's lawyers that the 4 witnesses lied because of the money did not make sense. "They broke even is not an incentive to lie," Zon said. "That does not make any sense." It could be several months before Judge Samuel Ozburn rules. Young's lawyers are also challenging the law that requires proof of intellectual disability beyond a doubt, the highest legal standard, which no other state uses. Young murdered 28-year-old Gary Lamar Jones because his mother, Doris Jones, had ended their 7-year relationship and moved to Georgia to live with her son. On March 30, 2008, Doris Jones came home from work to find her son bound to a chair, stabbed in the neck and bludgeoned with a hammer. Messages written in blood were scrawled on the walls - "get out of the state Atlanta mom" and "we'll get you Atlanta mom." Witnesses led police to Young, who offered to plead guilty in exchange for life in prison without parole. But Zon pushed for the death penalty. ******************** 2nd convict faces death penalty for stabbing College Park teens William Felts was convicted Monday of 10 of the 11 charges against him and will face the death penalty. The 2nd of 2 men arrested, charged and convicted for the stabbing deaths of 2 College Park teenagers in 2007 will face the death penalty, according to Channel 2 Action News. 2 cousins, 13-year-old Chrisondra Sierra Kimble and 15-year-old Delarlonva "Del" Mattox Jr., were brutally stabbed to death after walking to a neighborhood store to buy snacks, Fulton County District Attorney Paul L. Howard, Jr. said. Family members reported the teens missing April 5, 2007, after the pair never returned home. Co-defendent Jeremy Moody in 2013 pleaded guilty to multiple counts of murder, aggravated assault, kidnapping with injury and aggravated assault with the intent to rob and rape in connection with the slayings. 6 charges - 2 each for murder, felony murder and kidnapping - carry maximum penalties of death by lethal injection and the jury for Moody found for death in each of the murder charges. William Felts was convicted Monday of 10 of the 11 charges against him. A jury found him not guilty of rape. The sentencing portion of the trial begins Tuesday. (source for both: Atlanta Journal-Constitution) *********** Chicago lawyers of Georgia inmate cope with his death after execution----At age 72, Brandon Jones was the oldest inmate on Georgia's death row when he was put to death 4 weeks ago. "It was really kind of a strange experience, way outside the experience any of us had had in any other case," said Josh Buchman of McDermott, Will and Emery. Chicago attorney Josh Buchman specializes in white collar criminal defense, often meeting with powerful CEO's in corporate boardrooms. Death row inmate Brandon Jones was anything but a white collar criminal, but Buchman took his case anyway, donating his legal services. FOX 32: What's it like to lose a client like this? "It's terrible. It's terrible," Buchman said. Jones was executed 4 weeks ago for the 1979 shooting death of a convenience store manager in Georgia. For the last 13 years, Josh Buchman and lawyers from Chicago's McDermott, Will and Emery have fought to get his death sentence reduced to a lesser sentence. "It simply was not one of those horrendous situations where there were multiple murders, where there was extreme cruelty or other elements that would make you think this was a death penalty case," Buchman said. Buchman does about 200 hours of pro bono work every year, and this was his 1st death penalty case. "The sense of responsibility that you have because you know that the outcome here is not going to be money changing hands between corporations. It's going to be somebody living or dying," Buchman said. McDermott has 1100 lawyers worldwide with many charging upwards of a thousand dollars an hour. The firm's chairman says the cost of doing so much work for the less fortunate doesn't get a 2nd thought. "You'll always remember the cases you did where you made a difference in someone's life, where you stood up for someone who didn't have the voice or didn't have the power. Or didn't have the power to speak for themselves," said Chairman Jeff Stone. Lots of new attorneys are attracted to pro-bono work. Buchman, a 30 year veteran, says he does it because it's the right thing to do. During the 13 years McDermott helped with the case, about 70 different lawyers contributed to the effort. (source: foxchicago.com) ************** Guilty Verdict in Death Penalty Case----A man has been found guilty of murdering 2 Atlanta teens in 2007. A man has been found guilty of murdering 2 Atlanta teens in 2007, and could receive the death penalty when sentencing begins on Tuesday. William Felts was found guilty of 2 counts of murder; aggravated assault with intent to rob; and kidnapping with bodily injury. On April 5, 2007, after 6 pm, 2 teens, who were cousins, went missing after they left their home to walk to a neighborhood store and purchase snacks. The next day, the bodies of the 13-year-old female victim and 15-year-old male victim were found by the female victim???s mother in a wooded area behind Bethune Elementary School. The victims were both naked and each sustained multiple stab wounds. The female victim was raped. Fulton County DA Paul Howard and the state are seeking the death penalty. Fulton County Superior Court Judge Christopher Brasher is presiding over the sentencing. (source: patch.com) FLORIDA----impending execution Jacksonville white supremacist gets final appeal before March 17 execution No one from Jacksonville has been executed since 1999. But white supremacist Mark James Asay is a little over 2 weeks away from being put to death. But Asay, 51, may have a better chance than most of avoiding his St. Patrick's Day execution due to the uncertainty of the death penalty in Florida. Asay was sentenced to death for the murders of Robert Lee Booker and Robert McDowell in 1987. Booker was black and McDowell was a cross-dressing prostitute who was actually white, but Asay believed he was a black woman. The Florida Supreme Court will hear oral arguments in Asay's case Wednesday morning, if they decline to delay the sentencing, only the U.S. Supreme Court can stop the March 17 execution. Asay is scheduled to be the 1st person executed since the U.S. Supreme Court ruled that Florida's death-penalty procedures are unconstitutional. The Florida Legislature is revising the procedures, but nothing has become law yet. Cary Michael Lambrix of Glades County was originally scheduled to be executed in February, but the Florida Supreme Court indefinitely delayed that after his attorneys cited the U.S. Supreme Court decision. Lambrix, 55, has been on death row for 31 years following his conviction in the killings of a man and a woman in Glades County in 1983. Asay has the same attorney, Martin McClain, and some of the arguments for delaying Asay's execution are similar to what McClain argued last month for Lambrix. In court filings McClain contends that Florida cannot go forward with an execution when there are no death-penalty procedures in place. He also argues that Asay cannot be executed because he was sentenced to death under a sentencing scheme that the Florida Supreme Court threw out. But McClain also makes several arguments unique to Asay, saying that newly discovered evidence suggests Asay may not have been the man who killed Booker and McDowell because the jury at his original trial was told the bullets were from the same gun, but new evidence suggests it may have been 2 different guns. McClain also said Circuit Judge Tatiana Salvador, who denied a motion to delay the execution in February, reviewed documents sent to her by prosecutors without allowing McClain to examine them first. Salvador also erred in refusing to have an evidentiary hearing that would have allowed the defense to present more evidence, McClain said in court filings. In response attorneys with the office of Florida Attorney General Pam Bondi said the U.S. Supreme Court decision is not retroactive, meaning that Asay cannot have his execution delayed because the ruling only affects future cases. Prosecutors also say that the other arguments to delay the case have no validity and that Salvador was correct in finding that the new evidence wasn't enough to cast doubt on the verdict. Asay was drinking with friends, and they decided to look for prostitutes after the bar closed. One of Asay's friends was asking Booker about where to find prostitutes when Asay called Booker a racial epithet and shot him in the stomach, according to police and court records. Booker ran off and was later found dead. Asay and a friend continued looking for prostitutes and agreed to pay McDowell, who was dressed as a woman, for oral sex. But Asay then shot McDowell 6 times. If Asay is executed, he will be the 1st inmate put to death from Jacksonville since Allen Lee "Tiny" Davis in July 1999. Davis was the last person to be executed via the electric chair. The state switched to lethal injection in 2000. (source: jacksonville.com) From rhalperi at smu.edu Tue Mar 1 09:58:47 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 1 Mar 2016 09:58:47 -0600 Subject: [Deathpenalty] death penalty news----OHIO, N.MEX., COLO., IDAHO Message-ID: March 1 OHIO: Court to hear arguments in Ohio death penalty resentencing The Ohio Supreme Court plans to hear arguments next month on the death penalty resentencing of a man convicted of plotting the killing of his girlfriend's ex-husband. The court has scheduled a hearing for April 19 on a judge's 2012 order that Nathaniel Jackson be put to death for the 2001 murder of Robert Fingerhut near Warren in northeastern Ohio. The 44-year-old Jackson was first sentenced to death in 2002. That sentence was overturned after the state Supreme Court reprimanded a judge and prosecutor for teaming up to write sentencing orders for Jackson and Jackson's co-defendant, Donna Roberts. Authorities say Jackson shot Fingerhut twice in the back and once in the head after Roberts let Jackson into the home to wait for Fingerhut to return. (source: Associated Press) ********** Surviving victim can testify in Eric Hendon's triple-murder case; Summit County judge denies defense request for sanctions The surviving victim in a triple murder will have her day in court. Summit County Common Pleas Court Judge Amy Corrigall Jones on Monday denied a request for sanctions against Summit County prosecutors in Eric Hendon's murder case. One of the requested sanctions would have barred Ronda Blankenship, who survived the shooting rampage that left her boyfriend and his 2 teen-age children dead, from testifying. Blankenship was pleased by Jones' long-awaited decision on the sanctions question. "She definitely wants to testify," said Elizabeth Well, an attorney for the Ohio Crime Victim Justice Center who is representing Blankenship. "She was very happy." Hendon's defense attorneys claimed sanctions were warranted because of prosecutors withholding evidence in Hendon's case and being uncooperative about information sought from Blankenship. The other sanctions defense attorneys Brian Pierce and Don Malarcik sought were a dismissal of the charges against Hendon or the removal of the death-penalty specification. Prosecutors, however, argued they had taken the required steps in the case and that the sanctions weren't warranted. Corrigall Jones agreed in her brief written order. "We have complied with all of the court's orders, followed the law in this case and provided the defense with all evidence they are entitled to," said Brad Gessner, chief counsel for Summit County Prosecutor Sherri Bevan Walsh. "We will continue to stand with and fight for the victim in this case." Malarcik, though, said he and Pierce are looking out for the best interest of their client in the capital case. "We will continue to fight for a fair trial on behalf of Eric Hendon and insist that the prosecutor's office plays by the rules," he said. Jury selection is underway in Hendon's trial, with testimony expected to start in late March. Eric Hendon and his younger brother, Michael, were charged in the New Year's Eve 2013 shooting spree at the Barberton home of 42-year-old John Kohler, Blankenship's boyfriend. Kohler; his stepdaughter, Ashley Carpenter, 18; and her brother, David Carpenter-Kohler, 14, died of gunshot wounds to the head during a home invasion for a stash of marijuana and drug money. Blankenship was stabbed in the cheek and shot in the head, losing her left eye. Michael Hendon was convicted of multiple counts of aggravated murder and sentenced to life in prison with no parole. Blankenship was a key witness in Michael Hendon's trial, testifying that Eric Hendon was the principal offender. However, an entry in Blankenship's diary that surfaced in October showed she identified Michael Hendon as the family's attacker. Prosecutors say she simply mixed up the names but has been consistent in her physical descriptions of her attackers. The journal entry led defense attorneys to seek Blankenship's medical and psychological records, any electronic devices she used to communicate about the case and her email and social-media passwords. Concerned about the personal information being sought, Blankenship contacted the Ohio Crime Victim Justice Center, a nonprofit organization based in Columbus that provides legal help to victims in criminal proceedings. Well has filed 2 appeals with the Ninth District Court of Appeals challenging Corrigall Jones' initial order for Blankenship's personal items and the release of her medical records to attorneys. (source: ohio.com) NEW MEXICO: Death-penalty repeal put guards', cops' lives on line Now that a plot by convicted murderers to kill the head of the New Mexico prison system and his top intelligence chief has been uncovered by the FBI, it's worth harkening back to New Mexico's repeal of the death penalty and then-Gov. Bill Richardson's celebrated trip to the Roman Colosseum to bask in the glow of humanitarianism. In March 2009, the Journal recommended that state legislators and the governor preserve the death penalty at minimum for the murder of law enforcement and corrections officers, because "when you put on a uniform and a badge you should also be able to put on a little extra protection against people who would kill you just because you wear that uniform and that badge. You shouldn't be set up and abandoned by a system that puts your life on the line - and no one else's." But the Legislature and Richardson fully repealed the death penalty that year, and in doing so, they set up and abandoned the likes of Corrections Secretary Gregg Marcantel and his Security Threat Intelligence Unit chief Dwayne Santiestevan. Now a federal indictment charges 3 convicted and incarcerated murderers with conspiring with a convicted drug trafficker on the outside to kill Marcantel and Santiestevan. And why not? They've got nothing to lose. Anthony "Pup" Ray Baca, 52, Roy Paul Martinez, 43, Robert Martinez, 51, and Christopher Garcia, 40, have pleaded not guilty to the charges; Garcia isn't charged in the conspiracy to kill Santiestevan. All 4 are alleged members of the Syndicato de Nuevo Mexico, a prison gang formed in the aftermath of the deadly 1980 New Mexico state penitentiary riot. It bears noting that while 33 inmates were gruesomely murdered in that riot, no guards were killed. New Mexico had the death penalty then, with killing a law enforcement officer in the line of duty one of the "aggravated circumstances" that made a crime death-eligible. Now SNM, New Mexico's largest and most violent prison gang known for ordering "hits" on fellow inmates, has allegedly branched out and up when it comes to targets. That's likely because state law no longer differentiates between the murder of an incarcerated killer and a law-abiding citizen entrusted with keeping society safe from killers. But it should. In the A&E TV series "Behind Bars: Rookie Year," a New Mexico corrections officer says, "The No. 1 most important part about prison gangs is 'mess with them and God only knows what will happen.' I know a lot of these guys; they have the ability to reach out and touch somebody." According to the federal indictment, and thanks in part to New Mexico no longer protecting its law enforcement and corrections officers from murderers, they have tried. (source: Editorial Albuquerque Jounral) COLORADO: Attempt to allow 'death penalty phase' retrial in class 1 felony cases dies in committee A bill that would have allowed a second jury to "retry" the aggravation and penalty phases of a death penalty case, in the event the original jury couldn't reach a unanimous verdict, died in committee Monday afternoon. Death penalty advocates say it's an issue that could still end up before voters. House Bill 16-1233, sponsored by Rep. Kim Ransom, R-Douglas County, would have changed the sentencing process for class 1 felonies when the death penalty is being sought. It would have created an aggravation phase requiring the prosecution to prove one or more aggravating circumstances beyond a reasonable doubt. It would have also created a penalty phase where the defendant had the burden to prove one or more mitigating circumstances by a preponderance of evidence, with the jury determining unanimously whether the mitigating circumstances call for leniency. If jurors couldn't reach a unanimous verdict, the bill established a procedure for a (single) retrial of the aggravation and penalty phases. 18th Judicial District Attorney George Brauchler said the bill would have "put us closer" to getting a realistic shot at justice. "In the State of Colorado, we have an extra step that no one else has," Brauchler said. "Jurors can substitute their own individual, reasoned moral judgment for any factual or legal findings they previously found. This is a bill that says, 'listen, if we're going to have such a subjective, different situation to get through, 1 person shouldn't be allowed to hang up the process.'" The DA was referring to the theater shooting case where jurors determined that James Holmes was guilty of multiple counts of 1st Degree Murder and that there were multiple aggravating factors, but still 1 juror held out against the death penalty. But opponents of the bill said allowing a 2nd jury to come in and retry the aggravation and penalty phase would have disrespected the original jury's overall decision. "We shouldn't basically say, 'well, you didn't reach the right verdict, so we're going to throw out your decision,'" said Peter Severson of the Lutheran Advocacy Ministry of Colorado. "Our belief, as a church, is that it should not be easier to reach a death penalty verdict. The system we have in place is there for a reason. We should respect the conscientious decision of those jurors." One of the jurors in the Holmes case feels otherwise. "I gave 4 months of my life to that case," she said. "It came down to one person overruling the others. That shouldn't be the end of it," she said. But there wasn't enough support in the House State, Veterans and Military Affairs Committee to make the change. Lawmakers voted 6 to 3 to postpone the bill indefinitely. (source: thedenverchannel.com) IDAHO: Decision whether Jacob Lyn Marshall will face death penalty moved to end of March The decision that whether Jacob Lyn Marshall will face the death penalty has been extended until March 31, 2016. Twin Falls prosecutor Grant Loebs said that he requested the extension because the investigation is not complete. Marshall, of Jackson, is accused of killing Kent Storrer on July 25, 2015. The deadline for a trial was originally set for Dec. 31, 2015. Then the judge granted another extension until Feb. 29. Marshall waived his right to a speedy trial in October when his defense attorney asked for the initial extension. (source: KMVT news) From rhalperi at smu.edu Tue Mar 1 09:59:35 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 1 Mar 2016 09:59:35 -0600 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 1 SRI LANKA: Death Penalty to Melga Estate Case Murderer, other 2 suspects declared innocent The High Court of Chilaw handed Death Sentence yesterday to one of the three suspects of the assassination of the land lord of Melga Estate, Mudukatuwa, Chilaw. The High Court Judge of Chilaw, Ravindra Amal Ranaraja ordered to declare the other 2 suspects innocent for no evidence against them were proved. The land owner of Melga Estate was murdered by the criminal on 12th July 2008 over a prolonged personal conflict between the watchman of the Estate and the murderer. (source: Hiru News) PAKISTAN: Mumtaz Qadri & death penalty What would make one celebrate death? Who would support a murder - the execution - at the hand of a state? A democratic state killing people in the name of justice would actually be making its entire population responsible for that execution by way of being of the people, for the people, by the people. So why did some of us feel excited when the news about the hanging of Mumtaz Qadri broke yesterday? A little complex it is. That the death penalty is counter-productive or is a genuine deterrent has been a subject of intense discussion around the world, more so in Pakistan over last one year specifically. The general sentiment of the public going per media reports suggests there exists fairly massive support of the capital punishment among the people. This should be seen in the special circumstances Pakistan has been facing over especially last 2 decades. The dreadful attack and slaying of kids in Army School in 2014, subsequent terrorist attacks on worship places and educational institutions have added to the general public trauma and an insatiable urge for retribution. The goriest of the sectarian attacks on people over last couple of decades have rendered them helpless enough to even approve of extrajudicial killings of the sectarian terrorists, mainly because they don???t find the justice system working. Because of this faulty, manipulative, selective and weak justice system, people have stopped trusting it to be dispensing justice. The rule of law being a far cry in these circumstances, has transformed itself into rule by law and at some points rule by twisting the law. Every state institution has done its part in the past to arm twist the system and the statute to its own advantage. It however is ironic to see that the same judicial system people distrust so much, becomes the ultimate basis of their retributive rage when it comes to the death penalty. Those condemned by the same faulty and manipulative system, become the target of public rage. It was seen in the case of Shafqat Hussain's execution who was allegedly a juvenile at the time of the crime. Those who raised a voice against this execution were condemned to be 'foreign agents' who wanted to 'defame Pakistan' at the behest of western governments (the same western governments who normally fund our army for enhancing its arsenal). People are made to desire that the brutality be fixed by the state through more brutality and death. They are made to believe that retributive justice would act as deterrence to curb the crime. Studies are generated with skewed up numbers to prove that the decline in crime actually occurred, which happened because of the death penalty. Simple statistics without putting contest to them would be used to prove that point. For example, murder rate in the death penalty states of USA went down from 9.94 in 1991 to 4.72 in 2013. When read in isolation, it could easily produce the conclusion that death penalty might have actually been helpful in curbing the rate of murder. But when read alongside the rate of murder in non-death penalty states that went down from 9.27 in 1991 to 3.88 in 2013, would certainly add more dimensions to the debate. Deterrence, in short, is an argument largely flawed and twisted, which remains unproven to date. Life imprisonment, on the other hand, might be a bigger deterrent than the outright death, many death penalty scholars opine. The conservative Republicans and Tea Party supporters Richard Viguerie and Brent Bozellargue that the society may protect itself without putting a human to death as it would a wild animal. "Since we believe each person has a soul, and is capable of achieving salvation, life in prison is now an alternative to the death penalty." A senior Attorney General and Public Prosecutor from Portugal, Antonio Cluny writes, "Nobody can assure that the death penalty can contribute to reduce the number of the most horrible crimes. In Portugal, we have - without the death penalty - one of the lowest statistics [rates] of violent crimes." So much for the deterrence! Amnesty International (AI) in one of its reports on death penalty in Pakistan once concluded that the death penalty actually legitimizes an irreversible act of violence by the state and would inevitably claim innocent victims. Which is the case variously proven in Pakistan. Human justice being vulnerable to being fallible generates the risk of executing the innocent. Its irreversibility renders it a thoroughly measure and misplaced measure aimed mistakenly at curbing the crime. In Pakistan, if people knew that the death penalty is applicable on 27 odd crimes, not only murder, they would probably be less supportive of it. Retribution being another argument used by the pro-capital punishment community is also misplaced conclusion. As Camus and Dostoevsky once called retribution argument unfair because 'the anticipatory suffering of the criminal before execution would probably outweigh the anticipatory suffering of the victim of their crime'. Moreover, the long period spent in jail (mostly solitary confinement), before the actual execution while being sub-humanly and unjustly treated, could be a double punishment with little justification. Furthermore, the judicial biases and prejudices (which might always not be mala fide and could be natural consequence of life experiences) alongside the socio-economic background of the accused, brings another dimension to the capital punishment debate. For the poor, merely lodging an FIR is an unimaginable ordeal and suffering let alone the entire litigation process. Little ability to hire qualified lawyer (and here in our system, the 'qualification' doesn't merely mean academic and professional qualification. The more you are connected and having good relations with the Bench, the more qualified you are) put the poor at perpetual disadvantage. Having said all of that, Mumtaz Qadri was none of the above. Yet he was everything that represents what is wrong with our society. Getting excited on his execution by those upholding the principle of right to life and against the capital punishment might not be an act of 'hypocrisy' and 'double standards' as was being suggested by those who have been advocating vociferously for the execution of Shafqat Hussain. Also, his execution alone cannot be celebrated as state's firm resolve to reinstate its lost writ. Here is why. Hanging a man does not kill his idea. If the state does not come out and addresses a larger problem of challenging the rhetoric put forward by Mumtaz Qadri and his supporters, his state murder would remain an isolated act and misplaced judgment. Those protesting his execution and eulogizing him as a martyr would never realize he had committed a crime, which had to be punished. This requires measures much more than an execution. Applauding this execution might not be because he stands killed. A silver lining that it so unmistakably felt rested more in the state posturing rather than the execution itself. The state positioned itself to spell out that an act of purported religious valor was certainly a crime in its eyes. Good. Silver lining yes. It is however sad that this spelling out was done through a death. Wonder there must have been better ways to do. Better, comprehensive and longer term. Let's see where this beginning takes us and how. (source: Marvi Sirmed, Commentary; The writer is an Islamabad based freelance columnist----The Nation) *************** Tension high in Pakistan ahead of Islamist assassin's funeral Tens of thousands of supporters of a Pakistani Islamist executed for gunning down a liberal governor gathered for his funeral on Tuesday, sparking fears of violence, as schools closed and police cordoned off flashpoints. Main junctions and sensitive buildings in the capital Islamabad and the nearby garrison city of Rawalpindi were guarded by thousands of police, who also lined the route taken by Mumtaz Qadri's funeral procession. An AFP reporter at the Liaquat Bagh ground, where the prayers were being held, estimated around 50,000 men had turned out by the afternoon. A few hundred were seen carrying sticks as they shouted slogans including "Qadri, your blood will bring the revolution" and "The punishment for a blasphemer is beheading". A UN official said all its staff had been sent home from various locations in the capital due to security fears, including from the tightly guarded diplomatic enclave. Qadri, a police bodyguard to Salman Taseer, shot the liberal Punjab governor 28 times at an Islamabad market in 2011. He said he was angry at the politician's calls to reform the blasphemy law. Blasphemy is a hugely sensitive issue in the Islamic republic, and Qadri was hailed as a hero by many conservatives eager to drown out calls to soften the legislation. Critics say the law - which carries the death penalty - is largely misused, with hundreds languishing in jails under false charges. Those who carry out extra-judicial killings of alleged blasphemers largely escape punishment. Key moment Analyst Amir Rana said the execution marked a key moment for Pakistan in its more than a decade-long fight against religious extremism. "I think it is a very critical moment in the political history of Pakistan. It is the 1st time the political government has made such a decision. "The resolve is on the rule of law and they will not allow the space for extremism in Pakistan." But he warned there was potential for the move to backfire by making Qadri a martyr among his supporters and his execution a rallying cry. Several supporters took turns to denounce and threaten the government prior to the funeral. "The chief justice, the army chief and the president should fear the day when every single individual of the country will become Mumtaz Qadri and grab them on the streets of the country," said Khadim Hussain. Muhammad Ghias said he had travelled from the northwestern town of Mansehra because he believed attending the funeral would send him to heaven. Mourners travelled from distant cities, including Karachi and Lahore. Pakistan's media meanwhile maintained a near-blackout for the 2nd day running, a move that analysts said so far has helped limit the fallout from the execution. Thousands protested in cities across Pakistan on Monday after authorities announced the hanging had taken place early that morning. But with security stepped up at flashpoints across the country of some 200mn, most dispersed peacefully. "We have manned all the main junctions close to the procession route and sensitive buildings," a police official in Islamabad told AFP earlier on Tuesday, adding that up to 3,000 officers were on the streets. Many schools and universities remained closed for the day after shutting early on Monday. A police official in Rawalpindi said similar numbers were deployed there, including hundreds brought in from other districts as well as paramilitary Rangers. Liaquat Bagh, the park in Rawalpindi where the funeral ceremony will be held, is tinged with political significance: it is where Pakistani prime minister Liaquat Ali Khan was assassinated in 1951, and the site of former prime minister Benazir Bhutto's assassination in 2007. (source: Gulf TImes) SAUDI ARABIA: Fact vs Myth: Sheikh Nimr's Execution After the Government of Saudi Arabia executed 47 people on 2 January 2016, it made several statements in an attempt to justify the mass execution and quell international criticism. In these statements, Saudi Arabia claimed that all executions resulted from fair judicial proceedings that strictly followed the Saudi legal process. However, the government's claims contained a number of inaccuracies that misrepresented the defendants' experiences within the Saudi criminal justice system. These inaccuracies were perhaps most glaring in the case of Sheikh Nimr Baqir al-Nimr. Since his execution on 2 January 2016, the Government of Saudi Arabia has continued to disseminate misinformation about his life and death, especially regarding his trial and detention. The following are just a few examples of how the Government of Saudi Arabia has persisted in spreading misinformation about Sheikh Nimr in an effort to justify his execution. -------------------------------------------------------------------------------- Fact v myth2 charges peaceful Myth: The charges against Sheikh Nimr did not seek to punish him for his peaceful activities. Fact: Almost all of the charges against Sheikh Nimr directly related to his peaceful speeches, sermons, and protest activities. In Sheikh Nimr's 1st court hearing, the prosecutor levied 33 charges against him. Initially, the prosecutor charged him with banditry and other related offenses, based on several security officers' claim that Sheikh Nimr had fired a gun at them during his arrest. Sheikh Nimr's defense team, as well as independent human rights organizations, maintain that this never occurred. In fact, it was security forces who fired on Sheikh Nimr during the arrest. To make the case against Sheikh Nimr, the prosecutor heavily relied on Sheikh Nimr's speeches and sermons. Local sources informed ADHRB that the public prosecution accused him of delivering sermons that disrupted national unity, insulted the king, supported anti-state chants, called for the remembrance of victims of government violence, and encouraged people to demonstrate. During the trial, the judge ordered the prosecutor to present 21 speeches delivered by Sheikh Nimr as evidence against him. An Amnesty International review of his speeches found that he had not advocated for violence and was only exercising his right to free expression. Ultimately, the SCC sentenced him to death on a list of vague charges related to his peaceful activities. The evidence to support the charges came almost solely from Sheikh Nimr's sermons and interviews. -------------------------------------------------------------------------------- Fact v myth2 lawyers detention Myth: Sheikh Nimr was allowed to meet and communicate with his lawyers while in detention. Fact: Throughout his time in detention, Sheikh Nimr had inconsistent access to both his family and his legal representation. During his first few months in detention, Saudi officials did not permit Sheikh Nimr to speak with his family members. The government claims that Sheikh Nimr was able to consult with an attorney "at least once" while he was in detention. In reality, officials repeatedly denied him access to his lawyer before the trial. -------------------------------------------------------------------------------- Fact v myth2 medical treatment Myth: Sheikh Nimr received adequate medical care while he was in detention. Fact: The Government of Saudi Arabia claimed that it provided Sheikh Nimr all necessary medical attention during his detention. It further asserted that it is false that he did not receive treatment for his injured leg, stating that Sheikh Nimr's leg "was not injured." These claims are untrue. During the course of his arrest, Saudi security forces shot Sheikh Nimr multiple times, wounding his leg and other parts of his body. According to Human Rights Watch, Saudi doctors refused to remove a bullet from his leg and stated that Sheikh Nimr had already received adequate treatment for his wounds. As a result of his incomplete treatment, Sheikh Nimr suffered partial paralysis in his leg. Staff at the prison hospital where he was held did not provide him regular access to medical care and physical therapy, leaving him in constant pain. Furthermore, doctors delayed surgery to remove a bullet from his back until immediately prior to his execution. -------------------------------------------------------------------------------- Fact v myth2 fair trial Myth: Sheikh Nimr received a fair trial. Fact: The Government of Saudi Arabia repeatedly violated Sheikh Nimr's due process rights over the course of the legal proceedings. After his first hearing, the prosecution failed to present Sheikh Nimr's legal team with a copy of the charges against him, restricting their ability to prepare an adequate defense. On multiple occasions, the judge either failed to notify Sheikh Nimr's defense team of a hearing or informed the team only one day in advance. Furthermore, the judge accepted written testimony from the police officers who arrested Sheikh Nimr, but prevented Sheikh Nimr's legal team from cross-examining the officers. Saudi officials also forced Sheikh Nimr's lawyer to sign a pledge that he would not share court documents. These abuses, among others, compromised the fairness and openness of Sheikh Nimr's trial. -------------------------------------------------------------------------------- Fact v myth2 nimr terrorism Myth: The sentences carried out on 2 January 2016 were focused solely on terrorist acts undertaken by those convicted. Fact: The Government of Saudi Arabia executed Sheikh Nimr for crimes related to his free speech. Though Sheikh Nimr was tried and convicted by the Specialized Criminal Court (SCC), Saudi Arabia???s terrorism tribunal, he never had any ties to terrorism or terrorist activity. Since the SCC's establishment in 2008, Saudi Arabia has used the court to prosecute and convict a number of human rights activists, including Sheikh Nimr, for their peaceful activities. The judge ultimately sentenced Sheikh Nimr to death on charges of "disobeying the ruler," "inciting sectarian strife," and "encouraging, leading, and participating in demonstrations." All of these charges related to Sheikh Nimr's peaceful exercise of his right to free speech in his sermons and speeches. The intentionally broad wording of Saudi Arabia's 2014 terrorism law, which classifies any acts that "risk national unity" or "harm the reputation of the country" as terrorism, enabled the government to prosecute Sheikh Nimr as a terrorist for exercising his right to free expression. (source: adhrb.org) QATAR: Qatari national sentenced to death for murdering his father A local court sentenced a Qatari national to death by firing squad after he was found guilty of murdering his father. Rashid Abdullah Rashid al-Nuaimi stabbed his father to death in 2014, reported Doha Times. The convict told the court that he was trying to break free from the grip of his father, who had grabbed his neck during an altercation. He confessed to the crime saying he had momentarily lost control. However, he argued that he should not be convicted on the grounds of his mental illness. The court heard that he suffered from schizophrenia. However, 2 consultants from the psychiatric ward at Hamad Medical Corporation testified last November that the man was able to determine right from wrong at the time of the incident. Qatar has not executed anyone on death row in over a decade. Al-Nuaimi will remain in jail until his youngest brother reaches the legal age of consent and can weigh in on the death penalty decision. This leaves open the possibility that al-Nuaimi's sentence may be reduced to life imprisonment if the family changes its mind. (source: Gulf Digital News) SYRIA: IS executes 8 Dutch jihadists in Syria: activists The Islamic State has executed 8 Dutch members of the jihadist group, whom it accused of trying to desert, activists said Monday. "Daesh (IS) executed eight Dutch fighters on Friday in Maadan, Raqa province, after accusing them of attempting desertion and mutiny," Abu Mohammad, a member of the citizen journalist group Raqa is Being Slaughtered Silently (RBSS), said via Twitter. RBSS has been documenting since April 2014 IS' abuses in Raqa, the group's de facto capital in northern Syria. Tension has boiled in Raqa over the past month between 75 Dutch jihadists -- among them fighters of Moroccan origin -- and IS intelligence operatives from Iraq, RBSS said. 3 other Dutch jihadists were arrested by Iraqi IS members who accused them of wanting to flee and one of the detainees was beaten to death during the interrogation, according to RBSS. IS leaders in Raqa sent a delegate to solve the dispute with the Dutch cell's enraged members, but they murdered the intermediary in vengeance, the citizen journalist group added. The IS leadership in Iraq then ordered the arrest of all the members of the Dutch group, and imprisoned them in Tabaqa and Maadan in Syria. 8 have since been executed, RBSS said. The Syrian Observatory for Human Rights, which monitors the conflict, could not confirm the report. However it said 3 European jihadists of North African origin were executed in what IS calls the Wilayet al-Furat -- an area stretching across the Syrian-Iraqi frontier. According to the Dutch secret services, 200 people from the Netherlands including 50 women have joined IS in Syria and Iraq. (source: al-monitor.com) From rhalperi at smu.edu Tue Mar 1 17:00:13 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 1 Mar 2016 17:00:13 -0600 Subject: [Deathpenalty] death penalty news----TEXAS, GA., OHIO, USA Message-ID: Mar. 1 TEXAS: This Man Has Witnessed More Than 200 Executions So far this year, the State of Texas has executed 3 death row inmates. 10 more are scheduled to die before the end of July. At each execution are the prison warden, representatives from the press and families of prisoners and their victims. There's also a spokesperson for the Texas Department of Criminal Justice. For years, that person was Larry Fitzgerald. It was his job to relay information to the public about the last moments of death row prisoners. During his time as the department spokesperson, he witnessed 219 executions. Fitzgerald has recently opened up about his feelings on the death penalty - and why they've changed. It's now the subject of a short film series picked up by the BBC. When he interviewed for the position back in 1997, Fitzgerald didn't know for certain what his job duties would be. He was asked about his opinion on capital punishment and he said his feelings were "ambivalent." But he wasn't prepared for what the job entailed. "I learned ... after the interview was over that I would be doing executions," Fitzgerald says. "It came as a complete surprise to me. It is true. I was the face of the executions in Texas for many, many years." His 1st execution was a double execution - 2 men were put to death on the same night. He says he was "apprehensive" as he prepared to witness his first inmates die. "I had no idea what to expect, what it was going to be like," Fitzgerald says. "Was it going to be a violent type of thing? I hate to use the term like somebody going to sleep because obviously they just died - but it was a very clinical type of situation." As the spokesperson for the TDCJ, Fitzgerald's main job was relaying information about the executions to the media. Following the death of an inmate, he would give a statement to reporters. But Fitzgerald had to maintain a careful balance of impartiality when speaking with reporters about the death penalty. He says he was frequently asked his opinion about capital punishment, but would deflect the question. "If I came out and said 'I support the death penalty,' then I alienate all the death row inmates and they don't want to do any more interviews," he says. "Or, if I go the other way, then the people who are victims of the crimes, the families, they'd then get mad at me, so I just tried to dodge the question altogether." But years of witnessing death helped shape Fitzgerald's views on capital punishment. He got to know some of the inmates on death row and develop bonds with them. After leaving his position with the TDCJ, he became an expert witness in capital murder trials. His job was helping the jury understand the gravity of a death sentence. "In the penalty phase, I would try to explain to the juries what it's like to be on death row, what's the day in the life of an offender," Fitzgerald says. "And I came to realize that, you know, maybe Texas uses the death penalty way too much." After making the short film with a University of Texas graduate student that ended up featured on the BBC, he hopes speaking out will change some minds about capital punishment. While he admits that the abolition of the death penalty is unlikely in Texas, he wants to change some minds about using it so frequently. "I don't think that the thinking of Texas is going to change regarding the death penalty," Fitzgerald says. "But I would like to have more consideration given by the prosecutors to go into life without parole." (source: KUT .org) GEORGIA: Death penalty indictment filed against triple homicide suspect The man accused of murdering 2 young girls and their mother will face the possibility of the death penalty. A grand jury indicted Wendell Callahan on 3 counts of aggravated murder with intent to kill 2 or more and felony murder specifications, 1 count of murder, 6 counts of aggravated murder and 1 count of aggravated burglary. According to Columbus police, Callahan fatally stabbed 32-year-old Erveena Hammonds, 10-year-old Anaesia Green, and 7-year-old Breya Hammonds at an apartment on Atlantic Avenue. Investigators told NBC4 the suspect is the ex-boyfriend of the woman who was killed. They said he killed all 3 people and then was surprised when the woman's current boyfriend walked in the residence. The two men then began to fight. Both men were injured and taken to an area hospital. Police say the boyfriend was treated and released. (source: WCMH news) OHIO: Court to hear arguments in Warren death penalty resentencing----A judge ordered in 2012 that Nathaniel Jackson be put to death for the 2001 murder of Robert Fingerhut near Warren in northeastern Ohio. The Ohio Supreme Court plans to hear arguments next month on the death penalty resentencing of a man convicted of plotting the killing of his girlfriend's ex-husband. The court has scheduled a hearing for April 19 on a judge???s 2012 order that Nathaniel Jackson be put to death for the 2001 murder of Robert Fingerhut near Warren in northeastern Ohio. The 44-year-old Jackson was first sentenced to death in 2002. That sentence was overturned after the state Supreme Court reprimanded a judge and prosecutor for teaming up to write sentencing orders for Jackson and Jackson's co-defendant, Donna Roberts. Authorities say Jackson shot Fingerhut twice in the back and once in the head after Roberts let Jackson into the home to wait for Fingerhut to return. (source: Associated Press) USA: The Brain Gets Its Day in Court----A new study found that the number of judicial opinions referencing neuroscience as evidence more than doubled between 2005 and 2012. The crime was brutal. On November 4, 1989, after a night of heavy drinking, David Scott Detrich and a male coworker picked up a woman walking along the side of the road in Tucson, Arizona. After scoring some cocaine, the trio went back to her place, where, according to court documents, Detrich slit the woman's throat and stabbed her 40 times. Later, the 2 men dumped her body in the desert. A jury convicted Detrich of kidnapping and 1st-degree murder in 1995, and a judge sentenced him to death. Detrich is still on death row today as the appeals process drags on, but in 2010, his lawyers achieved a victory of sorts. They claimed that Detrich had received "ineffective assistance of counsel" at his trial, because his original legal team had failed to present evidence of neuropsychological abnormalities and brain damage that might have swayed the court to give him a lesser sentence. A federal appeals court agreed. The ruling said, in effect, that Detrich had been denied his Constitutional right to a fair trial because his lawyers hadn???t called an expert witness to talk about his brain. That judicial opinion is just 1 of nearly 1,600 examined in a recent study documenting the expanding use of brain science in the criminal-justice system. The study, by Nita Farahany at Duke University, found that the number of judicial opinions that mention neuroscientific evidence more than doubled between 2005 and 2012. "There are good reasons to believe that the increase in published opinions involving neurobiology are just the tip of the iceberg," says Owen Jones, a law professor at Vanderbilt who directs the MacArthur Foundation Research Network on Law and Neuroscience. The vast majority of criminal cases never go to trial, Jones says, and only a small fraction of those that do result in written opinions. The rest are virtually impossible to track. She found that in cases that used neuroscientific evidence, defendants got a favorable outcome. It's a trend that makes some neuroscientists uneasy, as they see the potential for their findings to be misused in court. But like it or not, Farahany's findings suggest, neuroscience is already entrenched in the U.S. legal system. A handful of cases have made headlines in recent years, as lawyers representing convicted murderers have introduced brain scans and other tests of brain function to try to spare their client the death penalty. It didn't always work, but Farahany's analysis suggests that neuroscientific evidence - which she broadly defines as anything from brain scans to neuropsychological exams to bald assertions about the condition of a person's brain - is being used in a wider variety of cases, and in the service of more diverse legal strategies, than the headlines would suggest. In fact, 60 % of the cases in her sample involved non-capital offenses, including robbery, fraud, and drug trafficking. Cases like Detrich's are one example. Arguing for ineffective assistance of counsel is pretty much a legal Hail Mary. It requires proving two things: that the defense counsel failed to do their job adequately, and (raising the bar even higher) that this failure caused the trial to be unfairly skewed against the defendant. Courts have ruled previously that a defense attorney who slept through substantial parts of a trial still provided effective counsel. Not so, at least in some cases, for attorneys who failed to introduce neuroscience evidence in their client's defense. Farahany found 516 claims in which neuroscience evidence was used to argue for ineffective assistance of counsel (a claim, in the legal sense, is a formal demand or assertion). Only 29 % of these claims were successful, but that's still a surprisingly high number, she says: "The basic rap on IAC is it almost always fails." Neuroscience evidence was also used in 395 competency claims, which are claims regarding a defendants' mental wherewithal to stand trial, waive their rights, or enter a plea. In the 2008 case of Miguel Angel Ruiz, a 17-year-old accused of killing his mother, a jury in California apparently was unmoved by two neuropsychologists, who testified that Ruiz had severe language deficits resulting from a brain injury. The jury rejected the claim that Ruiz was not competent to stand trial, but the trial judge disagreed. "I'm not inclined to set aside a jury's decision lightly or unadvisedly," he wrote in his decision to do just that. "I just couldn't believe the jury could return a finding of competency based on the evidence I heard." In the Ruiz case, it seems the neuroscience evidence had an impact. The effect on Detrich's case, which is still bouncing around the courts, is less clear. Overall, it's hard to know how influential this type of evidence really is, Farahany says. Each case is unique, which makes it difficult to do a fair comparison of outcomes. Even so, she found that in cases that used neuroscientific evidence, defendants got a favorable outcome - a reduced sentence, a new hearing, or some other kind of break - about 20 to 30 % of the time. That's considerably better than the 12 % reported in a 2015 paper that looked at an entire year's worth of appeals in criminal cases in the U.S. - nearly 70,000 of them. "Percentage-wise, people seem to do a little better with neuroscience than they do with out," Farahany says. Courts have always concerned themselves with the mental states of individuals, says Francis Shen, a law professor at the University of Minnesota. What's changing is the influence of modern neuroscience on how we talk about these things. "The logic is the same, but the stuff a jury or judge will hear is now technical in a way it didn't used to be," Shen says. "Once it becomes clinically relevant, it will become legally relevant." The big question, of course, is whether this this growing influence will end up being good or bad for justice. Brain scans or other biomarkers that could more definitively diagnose mental illness would indeed be a boon for the legal system, says Shen. But while scans today can easily pick up signs of major brain damage, scans that reliably pick up the more subtle signs of schizophrenia, for example, are still a ways off. "Once it becomes clinically relevant, it will become legally relevant," Shen says. It gets murkier, though, for biomarkers of legally relevant mental characteristics like impulsiveness. One problem is that most neuroscience research involves making comparisons of brain scans collected from dozens of people, while most court cases are concerned with a specific individual. "Seeing something on an individual's scan does not tell us they have impulse-control problems, it merely raises the likelihood by some unknown amount," says Martha Farah, a cognitive neuroscientist at the University of Pennsylvania. This is a tension that seems likely to grow. The scientific and legal communities have different methods and standards for evaluating evidence. Scientists have a culture of objectivity and a statistical mindset when it comes to uncertainty. The evidence they're dealing with often comes from experiments of their own design. In the courtroom, on the other hand, the evidence comes from real life. It's messy and incomplete. And when someone's liberty - or life - hangs in the balance, there's no time to wait for more data to come in. (source: The Atlantic) ******************** Panel envisions future of the death penalty post-Scalia As part of the National Lawyer's Guild's Student Week Against Mass Incarceration, a Feb. 29 Cornell Law School panel, featuring professors Joe Margulies '82, John Blume and Valerie Hans, discussed the future of the death penalty in light of Justice Antonin Scalia's death Feb. 13. Scalia was a stalwart supporter of capital punishment, voting as a member of the conservative majority to uphold death sentences in a number of important capital cases. Scalia's death has left the U.S. Supreme Court evenly divided between liberal and conservative members. Thus, the Court's future approach to capital punishment could be strongly influenced by Scalia's replacement, which in turn may depend on the outcome of the November 2016 elections. Hans opened the panel by examining the trends in public opinion on the death penalty. While the percentage of those in favor of the death penalty reached a peak in the early '90s, at approximately 80 %, the number dropped off to 61 % as of 2015. "When you think about the future of the death penalty there are lots of signs that suggest that it's really in decline, but the fact that a majority of the population actually still answers yes to [the death penalty] suggests complete abolition may be in fact far away," Hans said. She discussed how public opinion is closely linked to the number of death sentences; death sentences decrease as public support for capital punishment decreases. Blume said this was due to a lack of incentive for prosecutors to seek the death penalty when they are not under public or political pressure to do so. He also cited the rise in sentences of life without parole, an alternative to the death penalty, as another reason for a decrease in death sentences and public support. "The fact that every state now has life without parole makes it easier for prosecutors to tell surviving victim???s family members that they can put the person who killed their loved one away for the rest of their life and protect the public without the family having to endure a lengthy appeals process," Blume said. Additionally, the panel focused on the Innocence Project, which uses DNA testing to prove the innocence of those who have been wrongfully convicted. "The innocence project collapses the relevant inquiry from 'Did they get a fair trial?' to 'Did we get the right guy?'" Margulies said. As for the future of the death penalty, the panel envisioned its decline, but was less optimistic of complete abolition by the Supreme Court. "I think the use of the death sentence will decline for a variety of reasons: cost, decline in punitiveness, concerns about innocence, concerns about racial impact, changing demographics, a general liberalizing trend, international pressure. But will the court deal the final blow? I'm very skeptical of that idea," Margulies said. (source: Emily McNeill '16 is a writer intern for the Cornell (Univ.) Chronicle) From rhalperi at smu.edu Tue Mar 1 17:01:40 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 1 Mar 2016 17:01:40 -0600 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 1 PAKISTAN: Hanging revives Pakistan capital punishment debate Execution of Mumtaz Qadri, who killed Punjab governor Salman Taseer in 2011, prompts muted celebration and protests. The execution of a man who killed the head of government of Punjab province over his call to reform strict blasphemy laws has revived the question of capital punishment in Pakistan. Mumtaz Qadri was a bodyguard for Salman Taseer when he shot the Punjab governor dead in Islamabad in 2011. After his arrest, he told police he had assassinated Taseer because he championed the cause of a Christian woman sentenced to death in a blasphemy case that arose out of a personal dispute. Taseer had said the law was being misused and should be reformed. Considering him a hero for defending Islam, Qadri's supporters took to the streets of Islamabad, Lahore, Peshawar, Quetta and Karachi following his hanging early on Monday morning. Celebration and protests While there were protests in big numbers - and equal amount of muted celebration - the hanging prompted outcry from various quarters that called for a moratorium on executions "as a first step towards abolition of the death penalty". Champa Patel, director of Amnesty International's South Asia Regional Office, said: "Taseer was a brave voice for religious tolerance in Pakistan and his murderer should be brought to justice, but carrying out more killings is a deplorable way to honour Taseer's life and message. "The death penalty is always a human rights violation, regardless of the circumstances or nature of the crime. "While it is positive that the government is committed to tackling religious extremism and is taking proactive steps to ensure perpetrators of violence are brought to justice, carrying out yet more killings only continues the cycle of violence." Earlier, Qadri 's attorney said his client told him he had no regrets for killing Taseer. "I have met him twice in jail. He said that even if God gave me 50 million lives, I would still sacrifice all of them," lawyer Ghulam Mustafa Chaudhry said. Protesters briefly blocked the main road between Rawalpindi and Islamabad on Monday after news of the hanging broke. Police later dispersed them and closed off the road to prevent more demonstrations. Chaudhry predicted larger demonstrations as a nationwide strike on Tuesday has been called by Qadri's supporters to protest against the hanging. Late in 2011, an anti-terrorism court handed down a double death sentence to Qadri for murder and terrorism. The sentence was appealed and upheld by the Supreme Court late last year. Jibran Nasir, a Pakistan lawyer and activist, says the country needs to unite on the issue of blasphemy laws instead of it becoming a war between Qadri's fans and Taseer's fans. "I won't call anybody's death good news but the hanging has made a claim that when the state is challenged, it would enforce its laws," Nasir said from Karachi. "Qadri's was a terrorist act and the Supreme Court upheld that. But when we see people celebrating or protesting, those are fringe elements. We're not talking about the liberals, moderates or even progressives here. "What we need to remember is that Qadri was made this glorified poster boy of this huge problem. He was just the trigger, a foot soldier and the ones he was influenced by and looked up to are still roaming around freely." No media coverage National media played down news of the execution and the protests on orders of the government, two senior TV news anchors told AFP news agency. There was no coverage of crowds of angry Qadri supporters who flocked to pay their respects at his family's house in Rawalpindi where his body was laid out on a bed, his head surrounded by roses. The funeral is expected to be held on Tuesday. "I have no regrets," Qadri's brother Malik Abid told AFP, tears rolling down his cheeks, while women chanted nearby. He said the family had been called to the prison on Sunday evening by officials who said Qadri was unwell. But when they arrived, Qadri greeted them with the news that authorities had deceived them and that his execution was imminent. "I am proud of the martyrdom of my son," Qadri's father Bashir Awan told AFP, adding he was ready to sacrifice all five of his other sons "for the honour of the prophet". Nasir, the lawyer, cautioned against making Qadri a hero in death, saying that by the show of affection on the streets, the common man is likely to be impressed by his actions. "Qadri was showered with petals, sent cards on Valentine's Day, called a warrior before his death and a martyr after his hanging," he said. "We should not make him a celebratory and not give him unnecessary coverage." More than 100 people are charged with blasphemy each year in predominantly Muslim Pakistan, many of them Christians and other minorities. Conviction of blasphemy carries a death sentence. No one has yet been hanged, but those convicted languish (source: mwcnews.net) PHILIPPINES: Electric float parade - Marcos favors death penalty only for drug lords Independent vice presidential candidate Sen. Ferdinand R. Marcos Jr. supports the re-imposition of death penalty but only for drug lords. Marcos issued the statement after swinging through vote-rich Rizal province where the political kingpins of the province, led by former Governor Casimiro "Ito" Ynares, Jr declared their support for Marcos' VP bid. Antipolo City Mayor Casimiro "Junjun" Ynares, III and city hall officials welcomed the senator who was the guest of honor at the flag raising ceremony Monday. Earlier, PDP-Laban presidential bet Davao City Mayor Rodrigo Duterte vowed to sweep clean the country of illegal drug and impose the death penalty in the 1st 6 months of his administration if he is becomes president. Marcos is the only son of the late President Ferdinand E. Marcos who put on the firing squad a Chinese drug lord. While he is against the death penalty, Marcos said he would agree to its re-imposition only against drug lords. "These drug lords should be given the death penalty because it is clear that they are destroying the future, our youth. They are destroying their lives, the future of our country," he said. The next administration, he said should act more resolutely in the fight against illegal drugs in the light of reports that show that 93 % of barangays in Metro Manila are affected by illegal drugs. He rued that even rural areas have been infiltrated by the illegal drug trade. "The newest development that came out is the report that even rural areas have been penetrated by these drug lords which is the reason why the problem has become so serious," he stressed. Based on other countries' experience in fighting illegal drugs, it is not the amount of money used in the campaign that would make a difference. It is the foundation of the family, Marcos noted. Illegal drugs in the United States remains a serious problem despite the allocation of more than a trillion dollar budget, he added. Values formation However, in other countries that do not consider illegal drugs a serious concern, they put strong emphasis on values formation and the strong foundation of the family. "Let's take a look at America. Their so-called 'War on Drugs,' they spend more than a trillion dollars but the problem remains big. Then let's take a look at countries that do not consider drugs a serious problem and we could see that they put emphasis on the family. Their parents play a major role in the lives of their children. Values formation is what they call it," he said. "In my opinion, let's not think that the problem on illegal drugs is a problem only for the police to solve or the PDEA (Philippine Drug Enforcement Agency). It is a problem of the whole Philippines, our society," he said. The senator, who has been advocating for unity in his campaign, said this is also the best deterrent against the moneyed drugs lords who have the ability to bribe their way out of every case that may be filed against them. "The problem is these drugs lords could easily use their money to bribe almost everyone and this is what we should change. We should all be involved, from the police operation to the cases filed in court. Let's involve our parents, our teachers, our church leaders, every member of society and let's go back to values formation," he said. Marcos stressed that "this is the kind of unity that we need right now because with unity everything is possible and we can certainly put an end to this problem on illegal drugs if we have unity." (source: mb.com.ph) INDIA: High Court to hear confirmation hearing in Yug case After Nagpur Sessions Court awarded double death penalty to Rajesh Daware and Arvind Singh, the perpetrators involved in kidnapping and diabolical murder of 8 year old Yug Chandak, Nagpur bench of Bombay High Court will hear the confirmation hearing. As per section 366 of the Criminal Procedure Code, confirmation hearing before the High Court is mandatory in which entire evidence is examined and assessed. The record sent by Sessions Court was placed before a division bench consisting of Justice Bhushan Dharmadhikari and Justice Vinay Deshpande who directed the registry to prepare the paper book at the earliest. At the same time, the High Court issued notices to both the convicts. So far, they had not filed any appeal challenging the conviction by Principal District and Sessions Judge KKSonawane. The Sessions Court found Rajesh and Arvind guilty of kidnapping for ransom under section 364 A of the IPC and for murder of the child under section 302 and awarded a rare double death penalty. The Principal District Judge had also refused to show any leniency to both accused cited cruel mentality of accused, grid for the money, rage and no value for human life as compelling reasons for handing down death penalty to accused duo who hatched a deliberate and well planned conspiracy after thoughtful process that led to killing of an innocent child. The Sessions Court had also awarded lifer to Rajesh and Arvind along with fine of Rs. 10,000 each for hatching a criminal conspiracy. Also the 2 accused were also sentenced to 7 years rigorous imprisonment and fine of Rs. 5,000 after being found guilty of destroying the evidence. Government Pleader Bharati Dangre represented State while Adv Rajendra Daga appeared for Chandak family. (source: thehitavada.com) From rhalperi at smu.edu Wed Mar 2 10:33:04 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 2 Mar 2016 10:33:04 -0600 Subject: [Deathpenalty] death penalty news----ME., PENN., DEL., GA., FLA., ALA., MISS. Message-ID: March 2 MAINE: LePage right on return of death penalty I applaud Gov. Paul LePage for his recent comments about injecting traffickers with their own medicine, reinstituting the death penalty, and bringing back the guillotine. I've been saying it for years in letters to the editor - Maine should bring back the death penalty for certain crimes, and like LePage said, "I don't care which way they do it," either. There's no excuse, rehabilitation or forgiveness for what many convicted criminals have done to their victims and families, and they should receive the ultimate punishment - death. Wellman Cromwell Pittston (source: Letter to the Editor, centralmaine.com) PENNSYLVANIA: Previously-convicted killer can avoid death penalty with plea deal An agreement with Bucks County prosecutors may help an inmate of nearly 26 years avoid execution. Frank Robert Chester, 49, is expected to plead guilty to 1st-degree murder in a deal that will spare the formerly convicted killer the possibility of the death penalty, District Attorney David W. Heckler said Tuesday. Heckler said Chester's plea, should he go through with entering it, may come as soon as March 14 when he is scheduled to appear in county court. A federal judge in 2011 overturned the man's conviction and death sentence, a verdict rendered upon both Chester and his co-defendant Richard Laird by a county jury in 1989. The jury convicted the pair in the Dec. 15, 1987, slashing death of Levittown-based artist Anthony Milano. Prosecutors say Chester and Laird abducted Milano, 26, of Bristol Township, from a Route 13 bar, forced him to drive to a wooded area near the township's Venice Ashby section, where they beat him and hacked out his throat with a utility knife. Laird, 52, also saw his sentence vacated, was retried in 2007 and once again convicted of 1st-degree murder and sentenced to death. "He's languishing once again on death row," Heckler said. Prosecutors argued Chester and Laird targeted Milano because they believed he was gay. Their trial has been described as the 1st U.S. death penalty case for an anti-gay hate crime. (source: The Intelligencer) **************** Attorney general candidates speak on Kane, death penalty The 5 men seeking to become Pennsylvania's next top prosecutor all said at a forum Tuesday that Attorney General Kathleen Kane has mishandled the pornographic email scandal that has roiled her agency. They also proposed how they'd improve office morale and overhaul its operations. The 3 Democrats and 2 Republicans running in the April 26 primary spent about 90 minutes fielding questions during a forum sponsored by the Philadelphia Bar Association. Kane, a Democrat, recently announced she will not seek a 2nd term while she fights criminal allegations she leaked secret grand jury material and lied about it. The 1st question concerned the email ring that has caused dozens of agency employees to be fired or disciplined, led one Supreme Court justice to abruptly retire and has a 2nd facing ethics charges, and largely defined Kane's term in office as she has disclosed some but not all of the salacious and offensive content. State Sen. John Rafferty, R.-Chester and Northampton County District Attorney John Morganelli, a Democrat, both criticized Kane's decision to bring in former Maryland Attorney General Doug Gansler to review a vast trove of office emails, a process that is underway. Republican candidate Joe Peters, an ex-federal prosecutor who formerly served as Kane's official spokesman, said he would have already released much of the material, saying he would "start from the assumption that the citizenry who elected you, and the media, deserve as much sunshine as possible." Montgomery County Commissioner Josh Shapiro, a Democrat, said he would have disclosed "all the emails" and determined if criminal acts or ethical violations occurred. "I don't see a crime, and absent a crime I would send these emails to the appropriate agency," said Allegheny County District Attorney Stephen Zappala, the other Democrat. All 5 described themselves as at least qualified supporters of the death penalty at a time when Democratic Gov. Tom Wolf has imposed a temporary moratorium on executions. Shapiro said he supports it for "the most heinous of crimes" but believes the current system needs to be fixed. Zappala said he is concerned that 23-hour-a-day solo confinement for death row inmates may violate the constitutional proscription against cruel and unusual punishment. Morganelli said he supports the death penalty, but might support new limits on who qualifies. (source: philly.com) DELAWARE: Delaware Supreme Court to consider constitutionality of state's capital punishment scheme in light of Florida decision. 3 assistant public defenders have argued to the Delaware Supreme Court that the death penalty law is unconstitutional - and therefore needs to be fixed by lawmakers. The attorneys from the Office of Defense Services filed a written argument Monday explaining why they believe Delaware's capital punishment policy violates the U.S. Constitution, especially in light of a recent U.S. Supreme Court decision that deemed Florida's similar scheme unconstitutional. "The Delaware statute contains a number of unconstitutional provisions that cannot be exercised by this court in an effort to salvage the statute," the 58-page argument said. "Because these multiple constitutional problems require Delaware's death penalty scheme to be substantially restructured, that task is for the legislature, not the courts." The Delaware Department of Justice now has 30 days to respond to these arguments. The last execution in the state was in 2012, when Shannon Johnson, 28, was killed by lethal injection. Johnson had been convicted in the 2006 shooting death of Cameron Hamlin, 26, an aspiring musician. Delaware is 1 of 32 states with capital punishment. The U.S. Supreme Court in January continued a trend of eliminating outlying death penalty practices when it ruled 8-1 that Florida's procedure for death sentences is unconstitutional because it gives too much power to judges, and not enough to juries. The opinion stemmed from the case of Timothy Lee Hurst, who was convicted of the 1998 murder of his manager at a Popeye's restaurant. A Florida jury was divided 7-5 in favor of death, and a judge imposed a death sentence. Delaware, Alabama and Florida are the only states that allow judges to override a jury's recommendation of life and, instead, impose a sentence of death. However, judges in Delaware have not been using that power. After the court reiterated that the Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a death sentence, attorneys and judges questioned what that could mean in Delaware, where there are over 2 dozen pending death penalty cases and 14 men on death row. The Delaware Supreme Court agreed to consider 5 questions of the law and to hear arguments from both sides. At the same time, President Judge Jan R. Jurden issued a temporary stay on all pending capital murder trials while the issue is resolved. The court is using as a test case that of Benjamin Rauf, the Temple University law graduate charged with gunning down classmate Shazi Uppal, 27, in the parking lot of a Hockessin nursing home last summer. State prosecutors are seeking the death penalty for Rauf. In Delaware, the process of sentencing someone to death requires multiple steps. Once a person is found guilty of 1st-degree murder, the jury must unanimously agree that the evidence shows beyond a reasonable doubt that at least 1 of 22 statutory aggravating factors has been met. Then, each juror has to decide whether the aggravating factors outweigh the mitigating factors. That decision does not need to be unanimous, and the judge is not bound by those findings. The jury's verdict is advisory, leaving judges with the final authority in sentencing. Attorneys from the Office of Defense Services said in their argument that it is "crystal-clear that the judge is the independent and paramount capital sentencer" in Delaware. They went on to argue that Delaware is violating the Sixth Amendment by requiring a judge to make findings regarding aggravating and mitigating circumstances, and their relative weight, before a death sentence can be imposed. "As the opinion in Hurst makes clear, any fact-finding that is a necessary precursor to a death sentence, rather than one of imprisonment, must be performed by a jury," the argument said. "The highest courts and legislatures of several states have likewise acknowledged that the Supreme Court's Sixth Amendment jurisprudence requires the jury to determine the presence of aggravating and mitigating circumstances, as well as the weight of each." The attorneys went on to say that the practice of allowing juries to be non-unanimous is also unconstitutional. "There is a nationwide consensus against non-unanimous jury verdicts in capital cases," the attorneys wrote. "No existing state statute currently permits a non-unanimous determination of aggravating factors, and only 2, in Alabama and Delaware, permit a jury's sentencing determination to be less than unanimous. That only 2 states permit non-unanimous jury verdicts in capital cases weighs heavily against its constitutionality." Robert Dunham, executive director of the nonprofit Death Penalty Information Center in Washington, D.C., said the issue of non-unanimous jury verdicts "is something in which Delaware is at constitutional risk." He pointed out that Florida has found that non-unanimous verdicts are less reliable and account for a significant portion of the exonerations in the state. Following the U.S. Supreme Court decision, the Florida Senate and House agreed about eliminating the judicial override option, but are split over whether to eliminate the practice of non-unanimous juries. In Alabama, state lawmakers have not introduced legislation that would eliminate the practice of judicial overrides, but did recently introduce a bill aimed at creating a commission to review the innocence claims of felons. Delaware is grappling with its own fate regarding the death penalty. On top of the legal questions before the Delaware Supreme Court, a bill to abolish the death penalty failed in the state House of Representatives last month. The House voted 23-16 against the bill after about two hours of emotional testimony and comments from lawmakers. One of the no votes was a strategic decision that was made so that a lawmaker who supports the legislation can file a motion to reconsider the bill. The reconsideration will take place next week. (source: delawareonline.com) GEORGIA: Jurors brought to tears as death penalty phase starts for man who killed 2 teens Emotional testimony came from parents whose children were stabbed to death as they returned from a run to the store to get snacks. It was testimony during the sentencing phase of the death penalty trial for William Felts. And it was testimony that had some jurors in tears. "I miss my child," father Chris Kimble said in tears from the witness stand. He broke down on several occasions as he told a jury how the murder of his daughter has adversely impacted his life. "I am forced to live a life without another hug from her," he said. Chrisondra Sierra Kimble, 13, and her cousin, Dell Mattox Jr., 15, were both murdered as they walked through a wooded area behind Bethune Elementary in April 2007. Prosecutors say their killers planned to rob them. A jury just convicted Felts for his role in the murders. It took them less than 2 hours to return with a verdict of guilty on 10 or 11 counts, including murder, kidnapping and aggravated assault during a robbery. Prosecutors are seeking the death penalty. The victims' families gave tearful impact statements during sentencing. Jurors cried as Dell's mother explained how the murders made her over-protective of her younger son. "I didn't want what happened to Dell to happen to Donovan," Rhonda Mattox tearfully explained. "It's not fair to him." Dell's father says his son used to call him every day from the bus stop. "I still expect that phone call sometimes. It don't ring. It doesn't ring. He doesn't call me anymore," Dell Mattox Sr. said sadly. All of that is why Sierra's mother asked the jury to give Felts the death penalty. "And I know that it won't bring my sunshine back to me but it will give me that knowledge that justice was served," Zondra Mathis said from the witness stand. Felts' attorney asked the jury to sentence him to life. Life with or without parole. They even had an attorney for Felts' co-defendant, Jeremy Moody, take the stand and say Moody admitted Felts had nothing to do with the murder. But prosecutors say Moody also admitted that Felts did have something to do with it. Jeremy Moody was sentenced to death for his role in the murders in 2013. A jury will begin deliberating Felts' fate Wednesday after they hear one more witness. (source: WSB TV news) FLORIDA: State objects to life sentence in key death penalty case Attorney General Pam Bondi's office is disputing arguments that a death row inmate should receive life in prison after he successfully challenged Florida's death-penalty sentencing system in the U.S. Supreme Court. Bondi's office filed a document Monday in the Florida Supreme Court arguing that what is known a "harmless error analysis" should be conducted in the case of Timothy Lee Hurst. An attorney for Hurst filed a motion last month asking the state Supreme Court to send the case to a lower court for imposition of a life sentence. A challenge by Hurst led the U.S. Supreme Court in January to issue an 8-1 ruling that found Florida's death-penalty sentencing system unconstitutional. The ruling said juries -- not judges -- should be responsible for imposing the death penalty and that Florida's system of giving power to judges violated Hurst's Sixth Amendment right to a trial by jury. Lawmakers are moving forward with plans to change the sentencing system to comply with the U.S. Supreme Court ruling. In the document filed Monday, Bondi's office said the U.S. Supreme Court required a "harmless error analysis" in the Hurst case. Broadly, such analyses determine whether errors are serious enough to require overturning earlier court decisions -- in Hurst's case, the decision to sentence him to death. "If the United States Supreme Court felt it appropriate to commute appellant's (Hurst's) sentence to life imprisonment, it could have done so,'' the document filed by Bondi's office said. "Instead, the High Court specifically remanded this case to this (Florida Supreme) Court with directions to conduct a harmless error analysis." Hurst was sentenced to death for the 1998 killing of fast-food worker Cynthia Harrison in Pensacola. Harrison, an assistant manager at a Popeye's Fried Chicken restaurant where Hurst worked, was bound, gagged and stabbed more than 60 times. Her body was found in a freezer. The motion filed last month by Hurst's attorney did not take issue with his guilt. But it said Hurst should be sentenced to life in prison because he has "fundamentally been denied his Sixth Amendment right to a jury trial" in sentencing. (source: news4jax.com) ************ Death-penalty trial for man accused of rape and murder of Cherish Perrywinkle likely to be delayed----Donald James Smith is still scheduled to go on trial with prosecutors seeking the death penalty on April 4. The man accused of sexually assaulting and killing 8-year-old Cherish Perrywinkle is still scheduled to go on trial with prosecutors seeking the death penalty on April 4. But that date is looking increasingly unrealistic due to uncertainty over the death penalty in Florida and disputes between media and the lawyers for Donald James Smith over what information in his case should be released to the public. Smith, 59, was in court Tuesday for a hearing that addressed multiple issues in his case. Near the end Senior Circuit Judge Mallory Cooper said it was difficult to imagine that everything would be ready in time for the a trial that is just over a month away. Prosecutors and defense attorneys did not disagree. Rayne Perrywinkle, Cherish's mother, appeared upset by the thought of another delay, although she did not speak with the media afterward. Cherish was abducted from a Jacksonville Wal-Mart and strangled in June 2013. Smith is charged with 1st-degree murder, kidnapping and sexual battery. He is a registered sex offender who was released from prison three weeks before Cherish was killed. This year the U.S. Supreme Court ruled that Florida's death-penalty procedures violate the Sixth Amendment to the U.S. Constitution because the final decision on life or death is made by a judge and not a jury. Smith's defense attorney, Julie Schlax, argued Tuesday that Smith can no longer be sentenced to death since the state doesn't have any legal death-penalty procedures. Assistant State Attorney Mark Caliel disagreed and said the death penalty was still constitutional, it was only the state's sentencing procedures that were thrown out. The Florida Legislature will likely pass new death-penalty procedures in the next 10 days before the Legislature adjourns for the rest of the year March 11. The Florida Senate is scheduled to consider a proposal Wednesday that would require at least 10 of the 12 jurors to recommend the death penalty for the sentence to be imposed. Caliel told Cooper that Smith could be tried and sentenced to death even without the Legislature passing new procedures if she would just allow jurors to make a finding that Smith deserved death. But Cooper indicated she wasn't comfortable with that, and Caliel agreed that it was better to wait for the Legislature to act. However, if the Legislature does not act, his office still believes a death penalty trial can occur, Caliel said. If the Legislature passes new procedures, Schlax plans to argue that Smith cannot be sentenced to death retroactively based on procedures that were not in place when he was charged. Attorneys representing The Florida Times-Union and WJXT TV-4 also intervened in the hearing to oppose a motion filed by Schlax that would seal public materials in the case. The materials involve conversations Smith had with a man now on death row, Randall Deviney, when both men were housed in isolation at the Duval County jail. Caliel said the 2 men began communicating with each other via a pipe chase - a tunnel-like space for hiding pipes or to run electrical conduit - that existed between their 2 cells. Both men were being kept in isolation and weren't supposed to talk with other inmates. When police and prosecutors were tipped off that the 2 were talking, a recording device was put in the pipe chase. Deviney later said he had information on another murder Smith committed and offered to tell prosecutors if they let him avoid death row. Prosecutors for both Deviney and Smith said they weren't interested. Caliel and prosecutor Bernie de la Rionda said Deviney was "perpetuating a fraud on the court." Prosecutors never said why they were so sure Deviney was lying, but the tapes suggest that this was a scheme between the 2 men that was devised while prosecutors and police were listening in. Deviney's claim did lead to the office of Public Defender Matt Shirk being removed as the lawyer for both Deviney and Smith after the 1st District Court of Appeal in Tallahassee ruled that the office couldn't represent the 2 men because there was a conflict of interest. Schlax was then appointed as Smith's attorney at the taxpayer's expense. Deviney was later convicted of the murder of Delores Futrell and Cooper sentenced him to death. Shirk's removal from the case has delayed the trial for at least a year as Schlax and co-counsel Charles Fletcher have gotten up to speed on everything. Tuesday, Schlax argued that the 72 hours of recordings between Smith and Deviney should not be released to the public because it would allow the media to further "demonize" her client. She said the recordings will never be allowed into the murder trial and she is planning to file a motion to suppress them as evidence. She said releasing them would only make it harder to seat a fair and impartial jury. Schlax has sought to move Smith's trial out of Jacksonville because of the pretrial publicity, saying he cannot get a fair trial. Cooper has refused to do that. Media attorneys Jennifer Mansfield and Edward Birk argued that there was no good reason to suppress the tapes and also said Florida public records law does not create a provision that allows them to remain unavailable. Cooper responded by saying she would need to listen to all 72 hours of the tapes herself before she could rule on the issue. That will likely take several weeks and makes the possibility of an April 4 trial even more unrealistic, Cooper conceded. Cooper did not issue any rulings Tuesday. The next hearing on the case is scheduled for March 8. Prosecutors say Smith befriended Cherish, her mother and siblings at a Dollar General store in June 2013 and convinced them to go to Wal-Mart on Lem Turner Road in his van after offering to buy them clothes and food. Perrywinkle told police that Smith offered to buy the family hamburgers at the McDonald's inside the Wal-Mart. Cherish went with him to get the food, and they did not return. Cherish's body was found near a creek off Broward Road the next morning. (source: jacksonville.com) ************* Devin Chandler set to stand trial later this month as death penalty issues remain unresolved Devin Chandler is set to stand trial later this month for the fatal shootings of 2 brothers during an armed robbery in a Palmetto convenience store. Chandler tried to change his plea to guilty last week while issues surrounding the death penalty are argued. Circuit Judge Diana Moreland denied the motion to accept Chandler's change of plea after the defense argued to strike the state's intent to seek the death penalty and rule the death penalty was no longer applicable to the case. Assistant Public Defender Franklin Roberts argued that the death sentence is no longer applicable because of a Jan. 12 Supreme Court decision in Hurst v. Florida that found it unconstitutional that judges, not juries, in Florida have the final decision in the death penalty. But Moreland citing the 1977 Supreme Court case Dobbert v. Florida, said the state had the right to give notice of its intent and that at the time of the slayings the death penalty was an option. Both attorneys were asked to submit written briefs on how Dobbert should or shouldn't be applied by 5 p.m. Friday. Moreland extended the deadline one week, to Friday. With the speedy trial time limit, which Chandler refused to waive, set to expire, Moreland set the case for trial beginning at 9 a.m. March 28. The denial to accept Chandler's change of plea was without prejudice, allowing it to be pursued again once the other issues are resolved. At about 2:30 p.m. on Labor Day, detectives say Chandler is seen by the video surveillance walking into the Snappy's Mart, 559, 17th St. W., Palmetto. He picked an item off a shelf and then approached the counter as if he were going to pay. Instead of taking out money to pay, Chandler reportedly pulled out a handgun and shot Khasem Yousef, 23, who was standing next to him in front of the camera and then shooting Faares Yousef, 17, who was behind the camera. Chandler then jumped over the counter, took cash from the register and cigarettes from a rack before jumping back over and leaving the store. A customer found the bodies soon after the shooting and called police. The following day, U.S. marshals arrested Chandler at a Tampa home. A grand jury indicted him later that month. Chandler is scheduled to appear in court at 8:30 a.m. March 17 so the defense can ask for the victims' school records from the Manatee County School District and State College of Florida. Both schools have refused to produce the records which the defense states are necessary for in order to prepare for trial. (source: bradenton.com) ALABAMA: Alabama can't justify continuing to execute people In January, Bishop Baker, head of the Birmingham Catholic Diocese, penned a letter to Governor Bentley asking him to stop the execution of convicted murderer Christopher Brooks. As expected, the Bishop's words were largely ignored, and Alabama carried out its 1st execution since 2013. Even more recently, Pope Francis, in relation to the Year of Mercy, released a statement urging leaders and politicians who adhere to the Catholic faith to "make a courageous and exemplary gesture" by not allowing any executions this year. I suspect that the Pope's words, much like Bishop Baker's, will also fall on deaf ears in Alabama. However, if there is a sliver of hope for those of us in opposition to capital punishment, it is that both Francis and Baker's pleas are among a larger, more diverse, and growing opposition to the death penalty in our country. Unfortunately, unless Bernie Sanders wins the election come November, there will be no movement to end the death penalty on a federal level. Which means that, for the foreseeable future, those of us who oppose it will have to hope and pray that the individual states will take it upon themselves to end to capital punishment. Some already have (17, to be precise). Others, like Alabama, seem pretty intent on keeping it around. Yet, despite our state government's undying allegiance to the death penalty, I want to urge Alabama leaders and citizens alike to make a collective effort to outlaw this barbaric practice, and I offer three reasons why we should. It's entirely unnecessary In very extreme situations of self-defense, I believe taking a life can be viewed permissible. But just because something can be justified doesn't automatically make it good. Taking another human life, no matter the reason, is an unnatural act, and it should always be viewed as a negative. As a civilized, advanced species, we shouldn't desire death for anyone. Therefore, in any instance where we do not have to kill, why should we? Killing in return for killing isn't justice. It's vengeance. And the rule of law does not operate on vengeance. The central purpose of our justice system is to protect the people from danger - which we can successfully do through imprisonment. Being that we have the means of protecting our citizens from violent criminals without having to resort execution, what justifiable reason is there to practice the death penalty? It's fiscally wasteful The U.S. Constitution guarantees an automatic appeal to anyone given the death penalty. The expenses of housing such a prisoner in a separate cellblock combined with court costs, attorney fees, and lethal drugs/execution expenses costs taxpayers millions of dollars. As a result, across the country, capital punishment has been found to be significantly more costly than life imprisonment. In fact, according to the Death Penalty Information Center, it can cost any state up to $30 million to carry out a single execution. In Washington, it was found that the death penalty costs, on average, $1 million more than a case where the death penalty was not sought. In Kansas, defending a death penalty case cost 4 times more than a trial where the death penal was not sought. In California, the death penalty has cost taxpayers $4 billion since 1978. In Maryland, there have been only 5 executions in the last 40 years, but they've cost taxpayers $186 million. It doesn't work Theoretically, the death penalty is supposed to act as a deterrent to crime. In reality, however, it's entirely ineffective. Just an hour into 2016, Alabama was already dealing with its first murder. Within two weeks, there had been 4 reported homicides. Nationally, the homicide rate increased in 2015. And, perhaps most damning, the South has the highest murder rate in the country and the highest number of executions. Something about that just doesn't add up. According to a survey of the nation's top criminologists, 88% of experts rejected the notion that the death penalty is an effective deterrent. And should we be surprised? It is completely illogical to expect anyone depraved enough to take an innocent life to have any regard for consequence. There are other ways to lower the murder rate that don't involve state sanctioned killing. When considering crime as a whole, the FBI reports a handful of factors that affect the volume and frequency of crimes. These include: --Stability of the population --Family life --Strength of law enforcement --Economic status --Education If the fear of death doesn't stop murder, perhaps we should focus our efforts on increasing the quality of life for our citizens. Despite the fact that executions have, thankfully, decreased over the years, Alabama still has over 100 people sitting on death row. (source: Matthew Tyson, al.com) ************** Stephon Lindsay: Gadsden man convicted of capital murder in death of 1-year-old daughter An Etowah County jury has convicted Stephon Lindsay of capital murder in the death of his 1-year-old daughter Maliyah. The toddler's partially decapitated body was found in a wooded area off of Plainview Street in Gadsden in March of 2013. During the trial, Lawyers for Lindsay argued mental disease played a role in the toddler's death. However, prosecutors say the girl was killed as part of a ritual for the Yahweh religion. The sentencing portion of Lindsay's trial begins Wednesday. Jurors will decide whether Lindsay will be sentenced to life in prison or the death penalty. (source: ABC news) MISSISSIPPI: Mississippi Senate passes execution secrecy bill The names of employees and family members at an execution, as well as the pharmacy providing lethal drugs, would be kept secret under a bill passed Tuesday by the Mississippi Senate. Senate Bill 2237 passed 32-18, but it was held for the possibility of more debate before moving to the House. The measure says anyone disclosing a secret name could be sued for money in civil court. Shielded are current or former members of the state execution team, current or former suppliers of the drugs, or witnesses who want to remain confidential. Senate Judiciary A Committee Chairman Sean Tindell, R-Gulfport, said secrecy is needed. Opponents, though, say the secrecy is troubling considering the gravity of an execution, and said restraining reporters and other witnesses from freely naming people they see at an execution appears illegal under the First Amendment guaranteeing freedom of speech and publication. "If we're going to be in the business of putting people to death, there needs to be as much openness as possible," said Layne Bruce, executive director of the Mississippi Press Association. The trade group represents newspapers. Similar proposals have been adopted in other states, and Mississippi's law could impact an ongoing court case aimed at forcing the Mississippi Department of Corrections to disclose details about its execution procedure and drug supplier. The Mississippi Supreme Court heard arguments in November, but has not ruled, on a lawsuit that seeks to compel the state to disclose information about the supplier of execution drugs. A lower court judge ruled for disclosure as a public record in March, but the information has remained secret while the state appeals the decision. Tindell said Attorney General Jim Hood's office had warned of anonymous threats and harassing phone calls in which execution team members where called "murderers." "We've had honest, hard-working Mississippi residents who have refused to work on the execution team because of fear for the safety of their families and concerns about retaliation inside and outside the prison," Hood said in a statement. "As long as we have the death penalty in Mississippi, we have a responsibility to protect the state employees who assist in carrying out executions. The businesses that agree to supply lethal injection drugs must also be free from the intimidation and strong-arm tactics of some anti-death penalty activists." Jim Craig, the lawyer suing the state on behalf of some death-row inmates, disputes claims that any person or business has been threatened. The state has introduced no specific evidence to that effect in court. Tindell said the amendment would allow drug suppliers to be public, but not the name of the in-state pharmacy. However, he said the pharmacy compounds the drugs, which means it manufacturers it on site from raw ingredients instead of just dispensing drugs made elsewhere. Many manufacturers refuse to sell drugs for use in execution, which has forced states to adopt new drugs. Family members of victims and the condemned deserve privacy when witnessing an execution, Tindell said, likening bars on reporting their names as similar to the confidentiality shrouding a juvenile court proceeding. "I think it's important to the victim's family and the condemned's family," he said. "Those people don't want to have their names plastered all over the newspaper." Hood said he supported the restriction "out of an abundance of respect for the families of murder victims." Prior restraints on publication are typically unconstitutional. --- Online: Senate Bill 2237: http://bit.ly/21AC7kP (source: Associated Press) From rhalperi at smu.edu Wed Mar 2 10:33:44 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 2 Mar 2016 10:33:44 -0600 Subject: [Deathpenalty] death penalty news----OHIO, KAN., MO., UTAH, CALIF., USA Message-ID: March 2 OHIO: Grand jury returns death-penalty indictment in killings of mom, 2 A man who killed an ex-girlfriend on the North Side earlier this year fatally stabbed her 2 children to eliminate them as witnesses, 1 of the conditions that prosecutors said allows them to seek his execution. A Franklin County grand jury returned a 10-count death penalty indictment Tuesday on Wendell Callahan, 35, in the Jan. 12 deaths of Erveena Hammonds, 32, and her daughters, Breya Hammonds, 7, and Anaesia Green, 10. Callahan faces 8 counts of aggravated murder and 1 count each of murder and aggravated burglary. The aggravated murder counts allege 4 death penalty specifications: that he killed more than 1 victim, to avoid getting caught, and while committing another felony, and that 2 of his victims were under age 13. "All of those are aggravating circumstances," Franklin County Prosecutor Ron O'Brien said. He said the girls were killed "as part of a process to leave no witnesses to the events." Callahan remains in the Downtown jail on $3 million bail. He is due to be arraigned Friday. Police said Callahan had a long and tumultuous relationship with Erveena Hammonds. They said he broke into her apartment, slaughtered the 3 occupants, and was still inside when Hammonds' current boyfriend, Curtis Miller, arrived unexpectedly. Both men were stabbed and cut during a struggle. Callahan ran from the apartment, but Columbus police officers arrested him nearby. He spent four days in the hospital and later told detectives he had no memory of the incident. The death-penalty indictment is the 1st in Franklin County this year. The last person to be sentenced to death in the county was Caron E. Montgomery, who fatally stabbed his ex-girlfriend and her 2 children in a 2010 crime that O'Brien said bore similarities to the Callahan case. A panel of 3 Common Pleas judges sentenced Montgomery to death on May 15, 2012, after he waived his right to a jury and pleaded guilty to aggravated murder. O'Brien said his office seeks death-penalty indictments only when there is a realistic chance of getting a death sentence, which requires a unanimous vote by jurors. There were 2 such indictments last year, 1 in 2014, none in 2013 and 2012, and 3 in 2011, including Montgomery. (source: Columbus Dispatch) *************** Court to hear arguments in Ohio death penalty resentencing The Ohio Supreme Court plans to hear arguments next month on the death penalty resentencing of a man convicted of plotting the killing of his girlfriend's ex-husband. The court has scheduled a hearing for April 19 on a judge???s 2012 order that Nathaniel Jackson be put to death for the 2001 murder of Robert Fingerhut near Warren in northeastern Ohio. The 44-year-old Jackson was first sentenced to death in 2002. That sentence was overturned after the state Supreme Court reprimanded a judge and prosecutor for teaming up to write sentencing orders for Jackson and Jackson's co-defendant, Donna Roberts. Authorities say Jackson shot Fingerhut twice in the back and once in the head after Roberts let Jackson into the home to wait for Fingerhut to return. (source: Associated Press) KANSAS: Court rules on several pending motions in quadruple homicide case Puzzled expressions were worn by a judge and attorneys Tuesday while they discussed logistics of a first-ever jury procedure in an Ottawa capital murder case. Kyle Flack, 30, Ottawa, will stand trial Monday in Franklin County District Court on charges in connection with the shotgun slayings of four people in spring 2013. He is charged with capital murder in the deaths of Kaylie Smith Bailey, 21, and her 18-month-old daughter, Lana-Leigh Bailey. He is also charged with premeditated 1st-degree murder in the deaths of Andrew Stout, 30, and Steven White, 31, criminal possession of a firearm and misdemeanor sexual battery. If Flack is found guilty of capital murder, the trial will head into a death penalty phase when jurors will consider the sentences of life imprisonment or capital punishment. In an attempt to remind jurors of the 2 options, Flack's defense was previously granted a motion that will permit a 2nd questioning of jurors between the guilt and potential penalty phase. The process is said to be the 1st of its kind in the history of Kansas death penalty trial litigation. After arguments at a motions hearing Tuesday, District Court Judge Eric W. Godderz ruled he would facilitate questions to jurors individually about their stance on the 2 sentences. The defense had requested to perform their own questioning, whereas the prosecution called for the court to provide the framework. "I'm scared to death to ask questions," Victor Braden, deputy attorney general and lead prosecutor, said. The prosecution has opposed the motion, previously arguing they are heading into uncharted territory. Braden said Tuesday he is concerned with asking "inappropriate" questions out of the fear that it might come up in a future appeal. He argued that the proposed questions are the same as what was asked during the 1st voir dire. "We know where they stand," he said. Godderz said he plans to submit 4 to 5 questions to counsel for their approval this week. "I don't want to add other words that may skew what the statute means," Godderz said. The decision was one of several pending motions taken up Tuesday in Franklin County District Court, 301 S. Main St., Ottawa. Additionally, Godderz denied the admittance of 3 photographs detailing wounds to the bodies of Lana Leigh Bailey and Kaylie Baylie. 2 photographs were admitted to aid the testimonies of the prosecution's expert witnesses. Godderz also denied the defense's renewed motion that requested a new trial venue outside of Franklin County. (source: Ottawa Herald) **************** Court to consider delay in murder trial Attorneys later this month may argue if a September capital murder trial for a Cherryvale man will be delayed. David Cornell Bennett Jr., 24, is charged in Labette County District Court with capital murder or in the alternative 4 counts of 1st-degree murder. The punishment for capital murder is death by lethal injection or life in prison without parole, but the punishment requires an additional hearing after a finding of guilt. The prosecution filed notice that it is seeking the death penalty in the case. Bennett also faces a rape charge, 3 counts of criminal threat, all felonies, and 4 misdemeanors, 2 counts of phone harassment and 2 counts of criminal deprivation of property. Bennett is accused of strangling Cami Umbarger and her 3 children, Hollie Betts, 9, Jaxon Betts, 6, and Averie Betts, 4, in November 2013. Their bodies were discovered on Nov. 25, 2013, at Umbarger's home in Parsons after she didn't show up for work. Bennett's defense is handled by the state's Death Penalty Defense Unit, a division of the Kansas Board of Indigents' Defense Services. His attorneys are Tim Frieden and Jeffrey Wicks. The Kansas Attorney General's Office is prosecuting the case. A hearing on motions in the case is set for March 30, with additional hearings scheduled in the spring and summer. The jury trial was to start Sept. 7 and last for 5 weeks. In late February, Wicks filed a motion to delay the jury trial, citing his and Frieden's workload and the work and investigation required of the defense team in a capital murder case. No trial date is suggested and the issue will be argued at 10:45 a.m. March 30. Wicks writes in his motion that Frieden is in the middle of a capital case and that he, too, has a murder case to defend. "Significant work remains to be done for the case to be ready for trial," Wicks writes and he said under no circumstances will the defense be prepared to represent Bennett by September 2016. He writes that preparations for the sentencing phase of the trial are significant and detailed and require the defense team to dig into mitigating factors that include looking at Bennett's family, school and work histories and his psychological and sociological history. The defense also has to prepare for vigorous cross examination at the jury trial and hire experts to review evidence and facts. A capital murder defense also requires filing motions dealing with arcane 8th Amendment (prohibition of cruel and unusual punishment) issues related to the death penalty. The death penalty was reinstated in Kansas in 1994, but no person convicted of capital murder has been put to death since then. Wicks also writes about funding issues in his office that may delay until July the hiring of experts to help in the defense of Bennett. The attorney general's office has not responded to Wicks' motion. Bennett remains jailed on a $5 million bond. (source: Parson Sun) MISSOURI: Missouri House Budget committee approves breaking out fund for executions Missourians and future legislators would be able to see where in the state budget is the money that pays for executions, under a change approved by the House Budget Committee. The Committee approved putting money for Missouri's executions in a separate budget line - it used to come out of an expenses and equipment fund. The change means now it can be seen how much the state sets aside to pay for executions. It also means future lawmakers who oppose the death penalty could propose pulling funding for it, though as long as a Republican majority controls the legislature such an effort would be unlikely to pass. It would cover cash payments to the maker of the drug used in Missouri's lethal injection process and to the anonymous members of the execution team, and potential IRS penalties the state could incur for not giving those team members tax forms to report that payment. It was sponsored by Representative Jeremy LaFaver (D-Kansas City). He opposes the death penalty, but says this is just about transparency. "On something this important - taking a human life away from somebody - it is important enough for the taxpayers of this state to know this is the line in the budget that pays for it," said LaFaver. The change received bipartisan support, including from several Republicans who support the death penalty. Representative Scott Fitzpatrick (R-Shell Knob) said he had no problem it. "I'm always in favor of breaking things out so it is more transparent and we know how money's being spent. I don't see any harm being done by this," said Fitzpatrick. "And quite frankly if there are penalties from the IRS there's a line to pay for them now." The committee put $40,000 into that fund - enough to pay for 1 execution. (source: missourinet.com) UTAH: Utah Senate gives initial OK to death penalty repeal A longshot proposal for conservative Utah to join 19 states and the District of Columbia in abolishing the death penalty passed an initial vote in the state Senate Tuesday after a 5-minute presentation where no lawmaker asked a question or contested the proposal. Steve Urquhart, the Republican senator running the proposal, acknowledged the lack of discussion during his speech in the Senate floor. He said lawmakers had spent a lot of time discussing the measure outside of scheduled or public hearings. Once lawmakers started voting, one GOP lawmaker, Sen. Daniel Thatcher, spoke to explain why he was voting in favor. Thatcher said the years of appeals by death row inmates can be difficult for families of victims. "Ultimately, we have to put the victims first. And delayed justice, decades delayed justice, is not justice," Thatcher said. A bipartisan group of senators voted 20-9 Tuesday to advance the measure to a final vote in the Senate, where it could face further debate or changes. The proposal must also win approval from the state's GOP-controlled House of Representatives and Republican governor, who says he's in favor of capital punishment. Urquhart has acknowledged it will be an uphill battle to pass his proposal but says it's important that lawmakers discuss whether the government should be in the business of killing people. To sway his colleagues, he's made arguments about the cost of capital punishment after years of court appeals and the chance of wrongful convictions. That same mix of practical concerns and broader moral and philosophical questions that Urquhart is raising has led conservatives in other red states to re-examine longstanding support for capital punishment in recent years. Last year, Nebraska's Republican-controlled Legislature voted to abolish the death penalty over a veto from that state's GOP governor. It became the first traditionally conservative state to eliminate the punishment since North Dakota dropped the practice in 1973. But death penalty supporters quickly launched a petition drive, leaving Nebraska voters to decide the issue this November. In at least 8 other states, legislators have introduced similar measures over the past year and many have attracted Republican backers. But it remains unclear how many of the proposals will gain enough support to pass anytime soon. Urquhart's proposal would allow executions to go forward for the 9 people on Utah's death row now, but remove it as an option for any new convictions. During a committee hearing on the proposal last week, 2 Republicans voted against the measure, saying they think Utah needs to keep the option out of respect for the family members of victims and as an added measure of justice against horrific crimes. Utah Gov. Gary Herbert, a Republican, has said he's a strong supporter of capital punishment but it should only be used for "the most heinous of crimes." Herbert signed a law last year that bolstered the state's execution policy by ordering that a firing squad be used if lethal injection drugs cannot be obtained. Urquhart voted for the firing squad bill, saying that if Utah has a death penalty law on the books, it should have an efficient way to carry out the practice. (source: Associated Press) CALIFORNIA: California death penalty is a waste of time and money: Letters Death penalty is a waste of time and money Re "Is it time to put an end to the death penalty in California?" (Feb. 8): The death penalty in California, as presently constituted, is just a huge boondoggle wasting time and resources that could be better spent in other areas; the only ones really making out from the system are some lawyers who are charging the system an arm and leg to appeal these cases till the defendants either die of old age or kill themselves. As one who worked for the Los Angeles Superior Court for almost 30 years as a court clerk and then an administrator, I participated in five death penalty cases where 2 of the defendants actually received the death penalty. I don't know if either of the 2 defendants are still alive, but I do know that neither 1 of them as been executed. When did these trials take place? Well, its been so long that it's still a bit hazy in my own recollections, but roughly 1987. That's right, 28 years since these defendants were found guilty and placed on death row. If they haven't already died, they've been sitting on death row in an individual cell, getting 1 hour a day outside the their cell, for almost 30 years. I will not discuss the inhumanity of this treatment, as both of the defendants were clearly guilty, and their crimes were basically morally indefensible, but consider the waste of time and resources that have gone into defending and housing these 2 defendants and all the other defendants who are whiling away their days on death row and our dollar. Just tighten the system you might argue, but the reality is that the upper courts are steadily making it more difficult to execute anyone because of cruel and unusual punishment arguments, and because of more and more instances where the wrong defendant is found guilty. No, stop the boondoggle and eliminate the death penalty. Phillip J. Loya, Wilmington (source: Letter to the Editor, Press-Telegram) USA: Sister Helen Prejean recounts early years in fight against death penalty "They killed a man with fire one night. They strapped him in a wooden chair and pumped electricity through his body until he was dead," Sr. Helen Prejean told an audience in Los Angeles Feb. 27. "His killing was a legal act because he had killed. No religious leaders protested his killing that night," she continued. "But I was there. I saw it with my own eyes. What I saw set my soul on fire, a fire that burns me still. And now here is an account of how I came to be and still am." With these words from a new book she is in the progress of writing, Sr. Helen began her keynote address on the 2nd day of the 2016 Los Angeles Religious Education Congress. And for the next hour-plus, the author of the 1993 best-seller "Dead Man Walking: An Eyewitness Account of the Death Penalty in the United States" explained how a shy self-spiritual-centered woman religious in her 40s became one of the nation's outspoken voices against the death penalty. "And I want to tell you, Jesus is sneaky," she said in a Louisiana Cajun voice with a no-nonsense tone. But she still broke up the overflow crowd in the Anaheim Convention Center's arena. "Jesus is sneaky," she declared. "Jesus is sneaky. Put it on a T-shirt. Stick in the Bible. Watch out. Sneaky Jesus!" The Sister of St. Joseph of Medaille said she'd been a comfortable suburban junior-high teacher when her community took a close look at its own mission in 1981. And the decision was to return to its French roots of ministering to society's down-and-out. So she somewhat reluctantly moved into a housing project in New Orleans. "And my African-American neighbors began to teach me about the 'other' America," she recalled. "And their stories broke my heart." Sticking with the new social justice line, the 40-something Sr. Helen naively agreed to become the pen pal of a killer on Louisiana's infamous death row. And when he asked her to visit, she did. Soon she became his prison-registered "spiritual adviser." She also started learning about how capital punishment was mostly applied to poor black men who had killed whites in Louisiana. The religious sister witnessed the April 5, 1984, electric-chair execution her pen pal, who was white. "And watching his death, it changed my life," she confided in a quieter voice. "He had done an unspeakable terrible crime. And that's part of the spiritual journey, too. That's the reason why he made me struggle. Others would say, 'Look at what they did?'" Patrick Sonnier, 27, and his younger brother Eddie, 20, were found guilty of the rape and murder of Loretta Ann Bourque, 18, and the murder of David LeBlanc, 17, at a lover's lane Nov. 4, 1977, in St. Martin Parish, a Louisiana civil jurisdiction much like a county. Patrick got the death penalty and his brother was sentenced to life in prison; Eddie fell ill and died in prison Dec. 19, 2013, at age 57. After Patrick's execution, a prison vehicle brought Sister Helen back to the gate where sisters from her religious community were waiting. "I was so cold, they put a coat around me," she said. "And I threw up. I'd never watched a human being get killed in front of my eyes. I don't know what I'm gonna do about all this. I just know I'm throwing up in the middle of the night, and they just killed a man." But then she knew as clear as a bell. Most folks were never going to get close to a real execution. She had just witnessed one. So she had to tell the story. At first it was to any group that would listen. With a straight face, she talked about a nursing home where 3 brave seniors had shown up for her talk. But 10 minutes into her spiel, 2 were gone. Again the arena erupted in loud laughs. Next Sr. Helen started writing about the post-midnight execution. Months later she had what she thought was a book, which an editor at Random House went about reshaping. Published in 1993, actress Susan Sarandon read The New York Times best-seller and really wanted to play her in a movie. Working closely with Sarandon's husband, actor and director Tim Robbins, the script went through five drafts. The result was the popular film "Dead Man Walking," nominated for 4 Academy Award categories, including best picture. And Sarandon took home best actress. Sr. Helen said the best part of doing the book and movie was meeting with both St. John Paul II and Pope Francis. She got their support against the death penalty as a crucial pro-life issue along with abortion and euthanasia. "And we as Catholics now, we need to show our opposition to the death penalty," urged Sr. Helen. "And we're gonna lead and help California in this initiative campaign that will be on the ballot Nov. 1. But we need a whole lot of signatures. So sign that petition today and get others to act. "Annunciations are frequent," she added. "Inclinations are rare. God's seed will come soon enough, and we will act on what we know to be right." (source: R.W. Dellinger, Catholic News Service. Dellinger is a staff writer at The Tidings, newspaper of the Archdiocese of Los Angeles----The Catholic Sun) ************* USP Hazelton Inmate Charged With Causing Death of Fellow Prisoner In Clarksburg, West Virginia, a federal grand jury returned an indictment Tuesday charging Marricco Sykes, 36, an inmate at the United States Penitentiary at Hazelton, with causing the death of a fellow prisoner, United States Attorney William J. Ihlenfeld, II, announced. Sykes is alleged to have strangled the fellow prisoner during a physical altercation in late 2015. Following an investigation by the Federal Bureau of Investigation and the USP Hazelton Special Investigative Services Unit, Sykes is charged with 1 count of "1st Degree Murder." He faces life imprisonment or the death penalty as well as a fine of up to $250,000. The grand jury also returned indictments charging several other federal inmates within the Northern District of West Virginia with offenses including illegal threats, assault, and unlawful possession of weapons. Jeremy E. Smith, 36, an inmate at the United States Penitentiary at Hazelton, is alleged to have written letters threatening to use explosives to destroy government buildings in Philadelphia, New York, Chicago, Boston and Washington, D.C. He is further alleged to have written a letter threatening the lives of President Barack Obama and former Secretary of State Hilary Clinton. Following an investigation by the United States Secret Service and the USP Hazelton Special Investigative Services Unit, Smith is charged with 1 count of "Threat to Damage Buildings by Use of Explosives" for which he faces up to 10 years in prison. He is further charged with 1 count of "Threats Against the President," and 1 count of "Threats Against Member of Immediate Family of Former President." He faces up to 5 years in prison on each of these counts. He also faces a fine of up to $250,000 on each of the 3 counts. Antonio Lee, 33, an inmate at the Federal Correctional Institution at Hazelton, was allegedly discovered inside the prison in unlawful possession of a handcrafted weapon made from sharpened plastic. Following an investigation by the Federal Bureau of Prisons and the FCI Hazelton Special Investigative Services Unit, Lee is charged with one count of "Possession of Contraband in Prison - Weapon." He faces up to 5 years in prison and a fine of up to $250,000. Arnaldo Martinez-Gomez, 30, an inmate at the United States Penitentiary at Hazelton, is alleged to have assaulted a fellow prison during a physical altercation. Following an investigation by the Federal Bureau of Prisons and the USP Hazelton Special Investigative Services Unit, Gomez is charged with one count of "Assault with a Dangerous Weapon with Intent to Cause Bodily Harm," and 1 count of "Possession of a Prohibited Object - Weapon." He faces up to 10 years in prison on the assault charge and up to 5 years in prison on the prohibited object charge. He also faces a fine of up to $250,000 on each of the 2 counts. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants. Assistant U.S. Attorney Sarah Montoro is prosecuting Smith, Assistant U.S. Attorney David Perri is prosecuting Lee, and Assistant U.S. Attorney Andrew Cogar is prosecuting Gomez and Sykes on behalf of the government. An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty. (source: WDTV news) ************* Death penalty seems to be on life support The sentence is ... death. Or it has been across many of the American states throughout the existence of the USA but as Dylan says, 'the times they are a-changing'. The support for capital punishment is waning and some legal observers believe it could be abolished by the US Supreme Court in the not too distant future. The 'death chamber' has been synonymous with American justice, but 2015 became a tough year for it. Nebraska's conservative legislature defied a governor's veto and abolished capital punishment only to have a petition drive later suspend the ban until a referendum in 2016. Then there were states scrambling to get increasingly scarce lethal injection drugs, illegally purchasing supplies from overseas that federal agents seized. In Pennsylvania the newly-elected governor put a moratorium on executions. Since capital punishment was reinstated nationally in 1976, Pennsylvania has executed only 3 people, while hundreds have been sentenced to death. Consequently, the state's dysfunctional death penalty system has created a slew of new victims - family members waiting for an execution that never comes. With 2015 having had the fewest executions in nearly a quarter century amid waning support, even amongst the staunch proponents, it does beg the question - is the death penalty on life support? Nineteen states and the District of Columbia (DC) have abolished it. Since 1976 there have been more than 1400 executions with the Bible Belt states - Texas, Oklahoma, Virginia, Florida, Missouri, Alabama, Georgia - accounting for the bulk of those put to death. Across the USA there are nearly 3000 inmates on death row today. Leading the execution states are Texas (265), Alabama (56), Florida (91) and Georgia (56). In national polls 61 % of Americans support capital punishment, a significant drop for the 80 % of 1984, though in states where mass murders have occurred the response is probably understandably higher than the national. The majority of family members with their loved one's killers on death row strongly support the death penalty - 91 % support and 94 % said that that the death sentence imposed by the court should be carried out - and 92 % said there should be a specific time frame on the appeals process which has them relive and relive the loss of their loved ones. For decades, the death penalty enjoyed its greatest support among evangelical Christians. The policy statement of the National Association of Evangelicals says "the gravity of any crime is measured by the penalty it incurs". But at a recent meeting they did an about-face and penned a new resolution, changing its long-held support to one that is gentler and less militant in its wording. In the north-western states on the 2015 visit of the Pope the Roman Catholic Church again re-stated its anti-death penalty position. While most western countries do not have the death penalty, it is still a widely supported measure across the USA and, depending on the results of the upcoming Presidential elections, it will be a measure that is to be considered through the next president's term in office. (source: New Zealand Herald) From rhalperi at smu.edu Wed Mar 2 10:34:27 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 2 Mar 2016 10:34:27 -0600 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 2 IRELAND: >From death row to wedding vows: Watch how 1 couple found love after life staring at execution----"They could imprison us physically but not in our mind, heart or spirit." The haunting words from former death row prisoners are ones that are not usually repeated nearly 20 years down the line. Yet for Peter Pringle and his wife Sunny Jacobs, their road to true love has encountered injustice, death and survival. On the outside they look like any other couple enjoying their later years together. They share a love of animals, vegetarian food, yoga, meditation - and are eager to speak of the farm they live on in Ireland. But beneath the surface their unique bond was formed through events that only one can imagine. Peter Pringle, now aged 77, and Sonia 'Sunny' Jacobs, aged 68, both served years on death row for alleged murder. Sunny spent 17 years in the United States and Peter 15 years in Ireland. Fortunately, both were exonerated after their convictions were overturned for the murders that they did not commit. But while imprisoned their hope, courage, faith and determination - along with similar yoga and meditation practices - helped them make it through. Timeline of the incredible story Peter November 1980 - Peter told he would be sentenced to death. June 1981 - his sentence was commuted and instead of the death penalty he now faced 40 years in jail. 1992 - Peter began to prove his innocence by studying law and his case was reopened in the high court. May 1995 - The Court of Criminal appeal quashed his conviction and he was released. Sunny 1976 - Sunny placed on death row in Florida. She was put in 5 years solitary confinement. 1981 - At her 1st appeal her sentence was changed because the judge had initially overruled the jury. However, she still had to spend more than 10 years in prison. 1992 - Sunny was freed after the guy who committed the crime confessed after her husband's execution. Her conviction was overturned. 1998 - Sunny and Peter meet when she travels to Ireland for an Amnesty International talk. 2001 - Sunny moves to Ireland to be with Peter. 2011 - They couple get married in an intimate ceremony in New York. In 1976, Sunny was placed on death row in Florida for the murder of 2 police officers. Where as in Dublin in 1980, Peter was sentenced to death for the murder of 2 officers of the Garda Siochana, otherwise known as the Irish police force. "We were both wrongly convicted and sentenced to death of crimes we did not commit," explained Peter. "In my instance I wasn't even in the locality at the time of the crime. I was arrested 12 days after because the man they were chasing had alluded them and they needed to get closure - so they arrested me for capital murder and bank robbery. "They sentenced me to die on December 19, 1980. "At the same time they sentenced me to 15 years for bank robbery. "I had a background of being a political activist beforehand, as well as a binge drinker. The police thought by charging me it would bring closure to the case and get me off the streets at the same time," he added. Peter was 41 when he was convicted. Throughout the years to come he spoke of delving into legal books and effectively becoming a 'jailhouse lawyer'. "I never gave up," he exclaimed. "No matter what - you never give up." One of the key factors that got me through was my stubbornness - the only other person I know who is as stubborn as me is sitting beside me now. "You have to determine that they are not going to get the better of you. "I came within 11 days of execution. I spent 20 years on death row and saw 53 of the people around me I knew executed. "But I was never afraid to die," he smiled. As Peter speaks it is clear that the emotion he conveys is what sparked the bond between him and Sunny. (source: Express and Star) UNITED ARAB EMIRATES: Man who slit mother's throat tells Sharjah court she has 'dropped charges' A man who slit his mother's throat and kept her body in his flat for 10 days told a court that she had returned from the dead and dropped all the charges against him. "I have a waiver," 29-year-old Emirati NL told Sharjah Criminal Court. When asked about the source of the waiver, NL said it was from his dead mother. NL was referred to Al Amal Psychiatric Hospital in Dubai for a 2nd evaluation after a report from his initial test was inconclusive. "You will be sent to Al Amal Hospital," the judge told N?L, who got irritated at the ruling. "Are you content? This is unjust," NL said before he was taken back to his cell. The court was told NL was aware of his surroundings during his 1st evaluation but he had not been cooperative and answered few questions. He admitted murdering his mother last year, claiming Allah ordered him to kill her for performing witchcraft. Police found the 50-year-old woman's body at NL's flat when they arrested him on June 7 last year for attacking an Iranian ???supermarket worker with a knife at a shop in Mamzar. When confronted about his failure to answer questions, NL told the court: "They were the same questions asked by the court and I am well. I don't suffer from any illness." Prosecutors are seeking the death penalty for NL. The next hearing will be on March 24. (source: The National) INDONESIA: Death Penalty for Inmate, Cop Controlling Drug Ring From Behind Bars The Surabaya District Court on Tuesday (01/03) sentenced to death a female prison inmate for controlling a drug syndicate from behind bars with the help of a police officer and his wife, who also received the death penalty. Tri Diah Toriassiah, also known as Susi, was serving a 7-year jail term in East Java's Porong prison in Sidoarjo district for another drug crime when she was found to have distributed at least 50 kilograms of crystal methamphetamine, with an estimated street value of Rp 6 billion ($450,958), the court ruled. Susi had enlisted the help of Adj. First Insp. Abdul Latif of the Sedati Subdistrict Police and his wife Indri Rahmawati to pick up shipments from a former inmate named Yoyok and distribute them to drug dealers across Surabaya, Indonesia's 2nd biggest city. "Despite being in prison for drug offenses, Susi continued to run her [narcotics] business by working with Yoyok; the volume of drugs [they distributed] was huge," presiding judge Kamaruddin Simanjuntak said on Tuesday afternoon. The judges unanimously agreed to hand her the death sentence. (source: Jakarta Globe) ***************** With Calls For Their Execution, Indonesian LGBTQ Community On High Alert Perhaps not since Pol Pot led the Khmer Rouge has an Asian society been this on edge about its future. Granted, the Indonesian government has not declared martial law nor has it begun to ship the Muslim-majority country's LGBTQ community into forced labor camps. But a recent string of announcements from Indonesian officials, both former and current, including a parliamentarian's call to execute all gay people, is causing many to wonder just how far their country will go with its latest anti-gay push. What started out as a seemingly innocuous joke - the banning of gay emojis on one of the country's top instant messaging services, soon took a very noxious turn. Less than a week later, the Indonesian Psychiatric Association declared homosexuality as a mental condition that "may cause suffering and obstacles in functioning as a human being." The august body declared that transgender people are suffering from a "mental disorder." Now the BBC is reporting on a more menacing trend with outright calls to kill gay people: "One of the most extreme views came from Defense Minister Ryamizard Ryacudu who described the movement for gay rights in Indonesia as a form of a modern warfare - an attempt by Western nations to undermine the country's sovereignty. Then former communications minister Tifatul Sembiring made a call on Twitter, where he has more than 1 million followers, for the public to kill any gay people that they find. (According to Buzzfeed, the post was pulled while the former minister and now parliamentarian states he was "bullied" into tweeting that kind of hate rhetoric.) For the transgender community, many of whom are forced into the sex trade, the increase in violence directed at the LGBTQ community is palpable on the streets and the fear is real. Gay rights activist, Hartoyo, who runs the support group Our Voice, says the community is on high alert. "I am scared that there will be violence against us. There is a history of violence against minorities in Indonesia that were fueled by similar kinds of statements. We need the government to protect us and the president needs to say you can't talk to us like this." For members of the Indonesian LGBTQ community who are more affluent, and particularly those that live in the capital Jakarta, life is not nearly as dire. As long as they agree to live a closeted life, they are pretty much left alone. (source: thegailygrind.com) MALAYSIA: Drugs: Trial of man who faces death sentence starts The trial of a 31-year-old local man charged with trafficking 238.3gm of ketamine and having 2 other types of drugs, began on Monday at the High Court here. Calvin Tan is accused of trafficking the ketamine at 3.30pm on Sept 18, 2014 at the Hartamas Height Apartment lobby in Jalan Kepayan- Kobusak, Penampang. Tan is also accused of having 15.6gm of 3,4-Methylenedioxymethamphetamine (MDMA) at the same time and place while for the other charge, he allegedly had 97.4 grammes of cannabis on the same day in a house at Hartamas Height Apartment. Deputy Public Prosecutor Wan Farrah Farriza Wan Ghazali told Judge Datuk Nurchaya Hj Arshad that the prosecution has 5 witnesses for the trial. The prosecution in tendering the opening address stated that they will prove its case via oral evidence, exhibits and documentary evidence to prove that Tan had possession as well as knowledge of the said drugs. The prosecution would be calling a police inspector who was the complainant in the case, to prove a raid was conducted by the police team from the Narcotics Department at 3.30pm on Sept 18, 2014 at the lobby of Hartamas Height Apartment. During the raid, Tan handed over a blue tin to the complainant, who found out that the said tin contained two plastic packets containing 50 pills pink in colour (love-shaped) and 6 plastic packets containing crystalline substances, both suspected to be dangerous drugs. Tan was then arrested and a bunch of keys coupled with an access card to an apartment unit was found in Tan's short pants pocket. Tan then on the same day at 4pm led the raiding team to the store room located at a unit at Hartamas Height Apartment and Tan subsequently surrendered to the complainant an orange box, which was later found to contain 2 plastic packets containing compact slabs of plant materials suspected to be dangerous drugs. The police also confiscated other exhibits in Tan's bedroom including a wallet containing a MyKad under his name and RM650 cash. The prosecution stated that a chemist would be called to prove that the said drugs confiscated from Tan on analysis were confirmed to be ketamine weighing 238.3gm and 15.6gm of MDMA and that the chemist's evidence would prove that the said drugs confiscated from Tan after analysis were confirmed to be cannabis weighing 97.4gm. Tan faces the death penalty if convicted under Section 39B (1) (a) of the Dangerous Drugs Act 1952 on the ketamine trafficking charge while for having MDMA, as charged under Section 12 (2) of the same Act, Tan could be jailed between 2 years and 5 years and caned between 3 and 9 times. For the offence of having cannabis, Tan stands charged under Section 6 of the same Act which carries an imprisonment for life or for a term not less than 5 years and with not less than 10 strokes of the cane. Tan is represented by counsel Nelson Angang. (source: The Daily Express) PAKISTAN: Worryingly, a liberal's killer is honoured in Pakistan These are dark times for anybody who cares about religious freedom, and the fate of minority faiths, in Pakistan. It is exactly 5 years since Shahbaz Bhatti, the minorities minister who was the only Christian in the government and an opponent of the country's blasphemy law, was assassinated by the Pakistani Taliban. The United States Commission on International Religious Freedom marked the anniversary by urging the abolition of that law. But far from honouring the slain minister's memory, there seem to be ever more Pakistanis who agree that death is an appropriate fate not only for blasphemers but for those who dare to question the rightness of such a penalty. One such questioner was Salman Taseer, a liberal-minded governor of Punjab province; in January 2011 he was gunned down by a self-appointed scourge of liberalism: his own bodyguard. That assassin, Mumtaz Qadri, was hanged this week in a Rawalpindi prison, and up to 100,000 people attended his funeral or staged protests elsewhere in Pakistan. They saw Qadri as a lone, heroic practitioner of divine justice, not a murderer. Taseer's crime in the eyes of Qadri and his supporters was his support for Asia Bibi, a poor Christian woman who is on death row after being accused of blasphemy by neighbours in a petty quarrel. Taseer had also described the blasphemy ban as a "black law". So powerful was this week's groundswell of support for Qadri that the government stopped broadcasters carrying news of the funeral and no front-rank politician dared to comment publicly. In an atmosphere rife with conspiracy theory, Qadri's supporters claimed he was hanged on February 29th, a date which comes round every four years, in order to deny him an anniversary. What is the origin of Pakistan's fury against religious offence, real or imagined? Liberal Pakistanis like to stress that the country was not always so prickly about faith. Some blame the change of mood on Zia ul Haq, the Islamist dictator and cold-war ally of the West who seized power in 1977 and was killed in 1988. Others recall that laws banning blasphemy go right back to the British Raj. It is certainly true that General Zia built a network of religious schools that prepared people to fight the Soviet forces in Afghanistan, and generally fanned the flames of religous zeal. The old British bans on blasphemy, later inherited by independent Pakistan, were also introduced in a pragmatic spirit, designed to keep order. Under General Zia, things got much harsher; disrespecting the Koran or Islam's prophet could incur life imprisonment or, in the latter case, death. Then in 1991 a federal religious court ruled that death was the only appropriate punishment for blasphemy. The number of blasphemy cases began soaring in the 1980s; between 1929 and 1982 there had been only nine, according to the Jinnah Institute, a think-tank. But the idea of honouring individuals who take it upon themselves to liquidate blasphemers, or those who are soft on blasphemy, is nothing new. In 1929, a young carpenter's apprentice was executed for killing a publisher in Lahore who had circulated a controversial work on Muhammad. Huge crowds attended the funeral; the atmosphere must have been very similar to this week's outpouring of grief, anger and vindictiveness. Here's another confusing part of the story. The 2 best known streams of South Asian Islam, whether in Pakistan or Britain, are the puritanical Deobandis and the Barelvis, whose more elaborate forms of worship, involving saints and shrines, are sometimes called popular Sufism. The madrassas founded by General Zia follow the Deobandi path. In Britain, it is the Deobandis who are often perceived as hard-liners and advocates of self-segregation, while the Barelvis are seen as more moderate and amenable. The Taliban and several terrorist groups are offshoots of the Deobandi movement, although there are other ultra-pious Deobandis who are peaceful. But the adulation of the 2 killers (Ilm-Deen in 1929 and Qadri in 2016) is a Barelvi phenomenon. Barelvis have never ceased to honour the grave of Ilm-Deen and they attended this week's funeral in huge numbers. By contrast 1 of Pakistan's most senior Deobandi clerics defended the execution, saying nobody was above the law. Unfortunately, the roots of religious rage in Pakistan can't be reduced to 1 particular school of Islam, 1 political leader, or 1 period of history. If only things were that simple. (source: The Economist) From rhalperi at smu.edu Wed Mar 2 15:24:09 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 2 Mar 2016 15:24:09 -0600 Subject: [Deathpenalty] death penalty news----PENN., VA., FLA., IND., USA Message-ID: March 2 PENNSYLVANIA: Man seeks to represent self in death penalty trial A man who wants to act has his own attorney in a death penalty murder case in eastern Pennsylvania has been ordered to have a psychiatric evaluation before he will be allowed to fire his attorneys. 26-year-old Jeffrey Knoble of Riegelsville is charged in Northampton County in the March death of 32-year-old Andrew "Beep" White. Authorities call the victim a "good Samaritan" who rented a Quality Inn room for Knoble because he had no place to stay. Knoble earlier sought to fire his public defenders, complaining that they were urging him to accept a plea bargain calling for life without parole. He now wants to represent himself, but Judge Emil Giordano told him Wednesday that he recommended against that idea. Jury selection is scheduled to begin May 31. (source: Associated Press) **************** A Supreme screw-up. Ex-Justice Castille never should have heard death penalty case he prosecuted So consider this one for a moment: You're a tough-as-nails prosecutor with a reputation for sending the baddest of the bad guys to death row. Then, a few years later, you're running for state Supreme Court, where you're touting that record. Then, quite a few years after that, you're the Chief Justice, and you're ruling on the appeal of a man you personally sent to death row when you were a prosecutor. Sound too fantastical to ever happen? Well it did. And it happened in Pennsylvania. Last week, the U.S. Supreme Court heard oral arguments from lawyers representing Terrance Williams, a Philadelphia man who was sent to death row in 1986 by then Philadelphia District Attorney (and later Justice) Ronald Castille. According to published reports, Williams, then 18, was convicted of killing a man named Amos Norwood with a tire iron. At the trial, Williams denied knowing Norwood. A Pennsylvania death row inmate has a simple challenge for the U.S. Supreme Court: The same person shouldn't be both his prosecutor and his judge. Former prosecutors who are serving as judges shouldn't be allowed to review their own actions. But as it turns out, Williams' co-defendant later admitted "that the reason for the murder was not robbery, as he had testified at trial, but Norwood's sexual abuse of Mr. Williams and other underage boys. Using that admission, Williams challenged his death sentence on the grounds that prosecutors knew he had been sexually abused but had told the trial judge there was no evidence Mr. Norwood had abused anybody," The New York Times editorialized last week. A lower court later ruled that prosecutors lied and vacated Williams' sentence. The state Supreme Court unanimously reversed that ruling. And Castille, by then chief justice, wrote an opinion criticizing the lower court for "condemning" the prosecutors in the case. In other words, ... Castille himself. Amazingly, Castille, who's now retired, didn't recuse himself from hearing Williams' case, even though, as The Times notes, the U.S. Supreme Court ruled in 2009 that judges had to recuse themselves when the risk of bias is "too high to be constitutionally tolerable." At oral arguments last week, lawyers for the Commonwealth argued that such a standard would mean that judges, who are almost always former prosecutors, would have to recuse themselves all the time. Justice Sonia Sotomayor, quite sensibly, wasn't buying it. Castille wasn't just some lawyer in the case. "The judge here actually signed his name to the review of the facts and the decision to seek the death penalty," she said, according to The Associated Press. In an interview last week, Castille defended his decision not to recuse himself, arguing that, "In Pennsylvania, we leave it up to the judge's personal conscience. I've always been confident that I can be fair and impartial." Sorry, what? Let's review: Castille, as DA, signed the order seeking the death penalty. As Chief Justice, he wrote an opinion critical of the lower court's condemnation of his former office's administration of the case. Shawn Nolan, who handles death penalty cases for the Federal Community Defender Office in Philadelphia pretty much nailed it: "The issue being raised is prosecutorial misconduct, in his office, at the time he was the boss," he said. "It's just not right." Yes. If the Castille case doesn't beg for recusal, there is no case that does. And, fortunately, there were encouraging signs last week that the nation's highest court was siding with Williams and his attorneys. Chief Justice John Roberts, who at times seemed skeptical of Williams' case, seemed to agree with arguments made by Stuart Lev, the assistant federal defender in Philadelphia who is representing Williams. Lev said the vote to overturn the lower court's ruling should be tossed out because no one knows, other than the Pennsylvania justices, what took place in their closed-door deliberations, The Associated Press reported. "I mean, if the individual who should have been recused occupied a dominant role in the discussion and was successful in persuading colleagues and all that - and of course, that's the sort of evidence you certainly can't have access to," Roberts said, according to the AP. Without addressing whether you support the death penalty or not, reasonable people can agree on this much: Everyone deserves a fair and unbiased shake before the court. And it's pretty clear that even that minimum standard wasn't met here. Castille should have known better. That he didn't just strikes another blow to Pennsylvanians' shattered confidence in their highest court. The U.S. Supremes have a chance to make it right. They should send a clear message that former prosecutors who are serving as judges shouldn't be allowed to review their own actions. (source: John Micek, pennlive.com) VIRGINIA: Report: Matthew to be spared death penalty in Va. student murders 2 remarkably similar murder cases that amplified concerns about campus safety are expected to end when a Virginia man enters a plea deal that will spare him a possible death sentence. Jesse LeRoy Matthew Jr., 34, is expected to enter pleas resolving the Hannah Graham and Morgan Harrington cases Wednesday, according to Albemarle County Commonwealth's Attorney Robert N. Tracci. The prosecutor did not disclose the terms of the plea agreement ahead of the hearing. Sources told CBS affiliate WTVR Matthew is expected to plead guilty to 1st-degree murder and intent to defile in both cases. WTVR reporter Laura French reports via Twitter that Matthew is expected to serve 4 life sentences with no eligibility for parole. The deal will spare him the death penalty, sources told the station. The former hospital orderly and cab driver is charged with capital murder in the September 2014 death of 18-year-old University of Virginia student Graham. He also faces a 1st-degree murder charge in the 2009 death of Harrington, a 20-year-old Virginia Tech student. He already is serving 3 life prison terms for a sexual assault in northern Virginia. According to authorities, Graham and Harrington were young women in vulnerable straits when they vanished in Charlottesville 5 years apart. Harrington disappeared after she stepped out of a University of Virginia arena during a Metallica concert and was unable to get back in. Graham, after having dinner and attending parties off campus, was captured on surveillance video walking unsteadily, and sometimes running, past a service station and a restaurant. She texted a friend that she was lost. Additional video showed Graham crossing Charlottesville's downtown pedestrian mall, then leaving a restaurant with Matthew, his arm wrapped around her. Graham's disappearance, which came at a time of rising national concern about sexual assaults and other crimes on college campuses, prompted a massive search. Her body was found 5 weeks later on abandoned property in Albemarle County, about 12 miles from the Charlottesville campus and 6 miles from a hayfield where Harrington's remains had been found in January 2010. After police named Matthew a person of interest in Graham's disappearance, he fled and was later apprehended on a beach in southeast Texas. He was charged with abduction with intent to defile, a felony that empowered police to swab his cheek for a DNA sample. That sample connected Matthew to the 2005 sexual assault in Fairfax, a Virginia suburb of Washington, according to authorities. The DNA evidence in the Fairfax sexual assault, in turn, linked Matthew to the Harrington case, authorities have said. The charge against Matthew in the Graham case was later upgraded to capital murder, giving prosecutors the option to seek the death penalty. Both the Harrington and the Graham families are supportive of the deal, WTVR reports. Both families requested to give victim impact statements at the Wednesday afternoon hearing. "This is not a celebratory time of time of fist-pumping joy," Gil Harrington, Morgan Harrington's mother, told the station. "Our daughter is still as dead as she was in 2009... "We have seen Morgan's broken bones and cannot comprehend what one human could have so desperately needed to have hurt and murdered our daughter." Matthew, who was a taxi driver before going to work at the University of Virginia hospital, also had been accused of raping students in 2002 and 2003 at Liberty University and Christopher Newport University, where he had played football. But those cases were dropped when the women declined to press charges. (source: CBS news) FLORIDA----impending execution Florida Supreme Court considers Jacksonville man's pending St. Patrick's Day execution The life of Jacksonville white supremacist Mark James Asay hung in the balance Wednesday as the Florida Supreme Court considered whether to allow his St. Patrick's Day execution to move forward. But the future of the death penalty in Florida also was an issue with the justices trying to figure out how to move forward after the U.S. Supreme Court declared the state's sentencing procedures unconstitutional for those cases. For now Asay's fate appears tied up in the larger issues the courts are grappling with. Asay, 51, is scheduled to be the 1st person executed since the U.S. Supreme Court ruling, and his lawyers are asking for the execution to be indefinitely delayed until lawmakers and judges figure out how to deal with the situation. The U.S. Supreme Court determined that Florida violates the Sixth Amendment to the Constitution because the judge, and not a jury, makes the final decision of whether someone is sentenced to death. The Florida Legislature is in the process of amending the law, but nothing has been passed yet. Martin McClain, Asay's attorney, said he should not be executed with so much uncertainty. Instead he should be re-sentenced to life in prison because the jury didn't have the final say in his death sentence. Assistant Attorney General Charmaine Millsaps disagreed saying the March 17 execution should proceed as scheduled because the U.S. Supreme Court ruling isn't retroactive. The court didn't rule 1 way or the other on retroactivity, and it may be up to the state Supreme Court to determine that issue. Asay was sentenced to death for the murders of Robert Lee Booker and Robert McDowell in 1987. Booker was black and McDowell was a cross-dressing prostitute who was actually white, but Asay believed he was a black woman. McClain also argued that new evidence suggests Booker and McDowell weren???t killed by the same gun and said police abandoned looking at suspects in one of the murder cases once the cases became linked. The gun was never found, so ballistics only had the bullets to compare to each other. But justices appeared skeptical, wondering if that was too late to introduce. McClain said the case should be sent back to the trial judge to determine its validity, but Millsaps countered by saying the evidence was inconclusive and there was enough evidence outside the bullets to prove Asay was guilty of both murders. McClain also said Asay had not had a lawyer appointed to defend him in state court for 10 years until he was appointed in January after Gov. Rick Scott signed the death warrant. Asay did have a lawyer representing him in federal court, but McClain has expressed frustration at some of those lawyers because they allowed files in the case to become damaged and ended up being destroyed. Justice Barbara Pariente indicated she was open to sending the case back for an evidentiary hearing, calling the facts "unusual" and saying she was bothered by Asay going 10 years without a state lawyer. Prosecutors with the offices of Attorney General Pam Bondi and 4th Circuit State Attorney Angela Corey have both argued that the U.S. Supreme Court decision is merely procedural and shouldn't interfere with planned executions or future trials where someone is facing the death penalty. But Florida Supreme Court justices have appeared skeptical of this, expressing disagreement at times with Millsaps' view of the case. Justice Peggy Quince indicated Wednesday that she didn't think the ruling was purely procedural. The Supreme Court is considering Asay's appeal on an expedited basis due to the looming execution date. A ruling is likely this week. (source: jacksonville.com) ************** Florida Senate narrowly votes down death penalty change A sharply divided Florida Senate is rejecting a proposal to require a unanimous jury recommendation in death penalty cases. The Senate voted twice Wednesday on whether to require all 12 jurors to agree on death sentences. The proposal was rejected by votes of 22-18 and 23-17. Florida doesn't require unanimous jury recommendations. But the Legislature is poised to change the law, requiring at least 10 out of 12 to recommend execution in order for it to be carried out. The Senate originally wanted to require all jurors to agree on a death sentence. But senators agreed to switch to 10 jurors as part of a compromise with the House. The Legislature is rewriting the death penalty law after the U.S. Supreme Court ruled last month that the current method is unconstitutional. (source: Associated Press) INDIANA: Supreme Court denies hearing Indiana death penalty case The United States Supreme Court denied a writ of certiorari filed in the case of Tommy Pruitt, meaning the 7th Circuit Court of Appeals decision that reversed the death penalty for Pruitt will stand. Pruitt will be resentenced in Dearborn County later this year. Pruitt shot and killed Morgan County Deputy Sheriff Dan Starnes in June 2001. The Indiana Supreme Court upheld Pruitt's death penalty sentence, but the 7th Circuit Court of Appeals reversed it, saying Pruitt was intellectually disabled. "We conclude that Pruitt has established that he is intellectually disabled and categorically ineligible for the death penalty and that trial counsel were ineffective in their investigation and presentation of evidence that Pruitt suffered from schizophrenia," Circuit Judge John Tinder wrote for the panel when the decision was reversed in June 2015. "We therefore reverse the district court's judgment and remand for further proceedings not inconsistent with this opinion." (source: The Indiana Lawyer) USA: Judge dismisses defense attorney in rare federal death penalty case A judge in a federal death penalty case involving an alleged Newark gang leader has dismissed his lawyer from the case, ruling that the lawyer had a "serious" conflict of interest. In an amended opinion issued Tuesday, U.S. District Judge Esther Salas ruled that Thomas Ambrosio, the lawyer appointed to represent Farad Roland, had to step down. Salas said Ambrosio's previous representation of a witness who agreed to testify against Roland created the conflict. Roland is facing rare federal death penalty charges for racketeering and murders he allegedly was involved in as part of the South Side Cartel, a wing of the Bloods street gang. Roland was appointed in September to represent Ambrosio. Over that period of time, Ambrosio said in an interview, they developed "a very trusting and productive relationship." The conflict arose in March 21, 2014, when Ambrosio was tapped to represent an unnamed individual facing criminal charges in New Jersey. Ambrosio and the witness met 5 days later for him to sign an agreement that he would cooperate in upcoming federal cases. It was their only meeting, court records say. Last September, Ambrosio was asked to represent Roland. At the time, government attorneys failed to note that Ambrosio had once represented one of their future trial witnesses, the cooperating witness. Ambrosio said he couldn't have known at that time who the government would call as witnesses, so he could not have identified a potential conflict. Ambrosio, in any case, denied he had a conflict. When prosecutors finally realized Ambrosio's work for the cooperating witness, they objected, saying he "has ethical obligations not to reveal client confidences from his representation of the cooperating witness, but on the other hand, he owes a duty to Roland to represent him vigilantly and zealously," according to Salas' opinion. Ambrosio, court records show, submitted a sworn declaration that he had no discussions that crossed ethical lines with either the witness or Roland. Roland wanted Ambrosio to remain as his attorney, but the U.S. Supreme Court has ruled that defendants with court-appointed attorneys do not have the right to choose who will represent them, Salas' ruling said. After several hearings earlier this year, Salas ruled that a conflict existed, and wrote that it occurs "when the attorney's representation of the defendant is impaired by loyalty owed to a prior client." The ruling also says her finding at this point cannot be appealed. Salas appointed a "very experienced" lawyer, Stephen Turano of Newark, to take over for Ambrosio. She also said the court will modify its schedule to give him at least 3 additional months to prepare for a trial that will begin sometime in 2017. "It's a significant amount of information to process in a relatively compressed time," Turano said, adding that the court has been sensitive to the issue of making sure Roland has a fair defense. Ambrosio said he believes he has an ethical responsibility to share what he has learned about the case with Turano, but is seeking legal guidance to avoid violating any court orders. Prosecutors in 2015 told the court they intended to pursue a death penalty case against Roland, 31, for violations of the Racketeer Influenced Corrupt Organizations Act, murder, kidnapping, robbery, carjacking, drug conspiracy and other violent acts. Roland's is the 2nd federal death penalty case to be tried in New Jersey and the 1st since 2007. (source: nj.com) From rhalperi at smu.edu Wed Mar 2 15:24:50 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 2 Mar 2016 15:24:50 -0600 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 2 SOUTH KOREA: Parliament passes anti-terrorism bill after 15 yrs South Korea's ruling-party controlled parliament passed a long-stalled anti-terrorism bill Wednesday amid possible terror threats from North Korea. The government-backed bill, which bypassed the normal process and was taken to the floor by the assembly speaker, passed through the National Assembly's plenary session by 156-1 with zero abstentions. The ruling Saenuri Party controls 157 seats in the 293-member National Assembly, compared to 107 seats held by the main opposition Minjoo Party of Korea which had staged a filibuster for more than a week to stall the bill's passage. All opposition lawmakers walked out of the National Assembly chamber just minutes before the bill was put to a vote. Since the 1st draft bill was filed with the National Assembly in November 2001 following the Sept. 11 attacks on the United States, no headway was made until now. The bill was scrapped every time during previous parliaments due to concern over breaches of privacy such as allowing the National Intelligence Service (NIS), South Korea's top spy agency, to collect personal data on anyone suspected of posing a threat to national security. Under the passed bill, an anti-terrorism center will be set up under the Prime Minister's Office, but the NIS will have the power to gather the relevant information on possible terrorists. Also, those convicted of organizing terrorist groups will face the maximum penalty of a death sentence and those helping the groups will be sentenced to 10 years in prison, according to the bill. The bill stipulates that financial authorities are authorized to halt and restrict the financial transactions of anyone suspected to have financed terrorist activities both at home and abroad. The bill has recently gained new momentum following North Korea's nuclear test and long-range rocket launch. President Park Geun-hye repeatedly expressed concerns on possible terror attacks, urging bipartisan cooperation for the endorsement of the bill meant to better protect the lives of South Koreans. The Seoul government welcomed the passage, saying that it will beef up cooperation with the international community to better cope with terrorist threats. (source: Yonhap News Agency) IRAN: see: http://www.amnestyusa.org/get-involved/take-action-now/ iran-commute-amir-amrollahi-s-death-sentence-ua-1508 (source: Amnsty International USA) BANGLADESH: Gonojagoron Mancha stages sit-in for war criminal Quasem's death A faction of Gonojagoron Mancha yesterday staged a sit-in at the capital's Shahbag demanding upholding of the death penalty in the Appellate division for convicted war criminal also Jamaat leader, Mir Quasem Ali. The Mancha spokesperson Imran H Sarkar alleged that some vested quarters are trying to protect Quasem and vowed to continue the sit-in till the appeal verdict is delivered. (source: The Daily Star) INDIA: RS to witness contrasting views on death penalty The continuation of death penalty evokes responses on the extremes and the Rajya Sabha on Friday could witness a peculiar situation when it considers 2 contrasting resolutions - one seeking abolition while the other arguing for noose for rapists. CPI MP D Raja will press for abolition of death penalty altogether through a private member's resolution while Congress' Rajani Patil will argue for adding death penalty for rape, incestuous rapes and commercial sexual exploitation of girls. Though the result on these resolutions may not bring much changes to the statute, it could reignite a debate on the issue of death penalty. Raja's resolution was to be taken up on July 31 last year, a day after the execution of Mumbai serial blasts convict Yakub Memon, but could not due to continuing protests on several issues by the Opposition. In his resolution, Raja said the Supreme Court itself has "admitted to errors and miscarriage of justice due to arbitrary application of death penalty". He has also cited A P J Abdul Kalam's stand on the issue, saying the late former President himself had "felt pain in deciding" mercy petitions since most of the convicts suffered from social economic bias. "Snatching away somebody's life for crimes committed is not in consonance with evolving jurisprudence which embraces in its scope measures to reform the person and transform psychology in tune with the values of compassion and humanism. Committing a crime is more a sociological than a legal problem," he added. However, Rajani wants "stringent provisions" of death "for rape on girls and women and also for commercial sexual exploitation of girl child and for incestuous rape on girls and women by suitably amending the provisions of the Indian Penal Code and other related laws". In her resolution, she said women who brave to venture out of their homes to work in the fields, establishments, shops and government departments and establishments are sexually harassed despite several laws have been enacted to prevent this menace. The Law Commission, which Raja's resolution also mentioned, had in August last year argued that punishment cannot be reduced to vengeance, and recommended abolishing death penalty for all crimes except terror cases. (source: Deccan Herald) From rhalperi at smu.edu Wed Mar 2 16:42:38 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 2 Mar 2016 16:42:38 -0600 Subject: [Deathpenalty] death penalty news----FLORIDA Message-ID: March 2 FLORIDA----stay of impending execution Supreme Court halts Florida's next-scheduled execution The Florida Supreme Court on Wednesday stayed the execution of Mark James Asay, just hours after hearing oral arguments in his case. Asay, convicted in 1987 of 2 Jacksonville murders, was scheduled to be executed March 17. But a January ruling by the U.S. Supreme Court in Hurst vs. Florida threw the state's death penalty into chaos. Arguing before the state court Wednesday morning, Asay's lawyer, Martin McClain, invoked Hurst, saying that the problems raised by the U.S. Supreme Court in its ruling directly relate to Asay's case. Asay, like the other residents on Florida's death row in Raiford, Fla., was convicted of his crimes by a unanimous jury but sentenced to death by the judge on the jury's recommendation. The Hurst ruling said that the juries must make the final decision on death sentences. McClain -- who was also the lawyer for Michael Ray Lambrix and successfully stayed his execution last month -- argued that suggests the jury's verdict should be unanimous. In Asay's case, the jury recommendation came on a 9-3 vote. The Florida Supreme Court's unanimous ruling Wednesday doesn't say anything about the merits of Asay's case. It simply stops the execution, which was ordered by Gov. Rick Scott prior to the Hurst ruling. (source: Tampa Bay Times) From rhalperi at smu.edu Thu Mar 3 10:13:32 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 3 Mar 2016 10:13:32 -0600 Subject: [Deathpenalty] death penalty news----TEXAS, N.H., VA., N.C., ALA. Message-ID: March 3 TEXAS----impending execution Death Watch: Heat of the Moment----Coy Wesbrook's mental deficiencies make his pending execution a "travesty," claims his lawyer Coy Wesbrook was 39 years old when he killed his ex-wife Gloria Coons and 4 of her friends at Coons' home just east of Houston. He'd gone there Nov. 13, 1997, thinking that he and Coons could discuss getting back together. Instead, he was greeted by Coons' friends: 3 men and a woman. Despite the apparent change of plans, Wesbrook came inside. According to various testimonies, the situation at Coons' house was a volatile one. All 6 people had been drinking, and Wesbrook came to realize that Coons had been sexually involved with 2 of the men present. Angry, he decided to go home. Before he made it to his truck, 1 of the men grabbed his keys and ran back into the house. Wesbrook went to his truck, which was unlocked, and grabbed a rifle. He came back inside where, he said - and he is the only survivor of that night - he quickly became the target of the group's jokes. Someone threw a beer at him, he said, and "the rifle went off." He shot and killed all 5, then waited outside for authorities to show up. At trial, Harris County prosecutors were able to point to a number of instances in which Wesbrook had proven violent in the past, or expressed an interest in having his 1st wife Brenda Williams and her husband killed. After a week of sentencing hearings, Wesbrook was sent to death row. Since his conviction, his attorney Don Vernay has focused on the spur-of-the-moment nature of the shootings, and how that fits in the context of Wesbrook's lifelong mental deficiencies. Wesbrook dropped out of junior high and had trouble keeping any job. Both of his marriages ended quickly. Even the fact that he waited outside for police, Vernay wrote in a clemency petition to Gov. Greg Abbott this February, points to a man who "now stands to lose his life for one impulsively tragic act." Vernay has also tried to argue in a series of filings that the state improperly planted an informant in Wesbrook's jail cell to obtain his confessions about his desire to kill Williams. Both claims were rejected at the state and federal level until April 2011, when the State Board of Examiners of Psychologists issued a reprimand to Dr. George Denkowski, the psychologist who evaluated Wesbrook (and 13 other death row inmates) to determine their mental capacity. The board determined Denkowski to be completely inept at the job of evaluating the intellectual capabilities of death row inmates. Rather than face harsher penalties, Denkowski resigned. In light of this, the Court of Criminal Appeals sent Wesbrook's case back to trial court in Harris County, which in 2014 ruled Wesbrook mentally fit for execution. The case passed through the CCA again last January. On Monday, Vernay told the Chronicle that Wesbrook currently has no pending filings. "This execution is a travesty," he said. Now 58, Wesbrook is expected on the execution gurney Wed., March 9. He'll be the 4th Texan executed this year, and the 535th since the state's reinstatement of the death penalty in 1976. (source: Austin Chronicle) NEW HAMPSHIRE: N.H. Senate To Vote on Suspending State's Death Penalty New Hampshire's state Senate is slated to vote on suspending the use of the death penalty. According to the bill's lead sponsor, Republican Kevin Avard, suspending the death penalty is good sense. Avard once supported capital punishment, but says there are too many examples of the people improperly ending up on death row to remain confident the punishment is worth the risk. "You know we are all capable of fallibility, and if you have 156 people who have been exonerated, we should take a real sober look at this." Under the bill, capital punishment would be suspended until "methods exist to ensure that the death penalty cannot be imposed on an innocent person." The bill is not drafted to undo the sentence of NH's lone death row inmate, Michael Addison, who was convicted of killing a police officer in 2006. But the bill's critics of the bill say it could have that effect. New Hampshire has not executed anyone since 1939 but it is the lone New England state where the death penalty remains on the books. An effort to repeal the death penalty in 2014 failed when the senate deadlocked 12-12. (source: New Hampshire Public Radio) VIRGINIA: Va. Senate panel backs electrocution as alternate execution method Death row inmates in Virginia would receive their sentence by the electric chair if supplies of execution drugs were not available under House of Delegates legislation that cleared a Senate committee Wednesday. Senators on the Courts of Justice Committee approved House Bill 815 by a vote of 9-5 and sent the measure to the full Senate for consideration. The legislation, sponsored by Del. Jackson H. Miller, R-Manassas, passed the House by nearly a 2-1 margin. But it has stoked the ongoing controversy over whether capital punishment - and in particular, the electric chair as an execution method - is humane or cruel and unusual punishment. The scarcity of lethal injection drugs - driven, in part, by the objection of some suppliers to provide them and the reluctance of others to formulate them in light of objections and boycotts by death penalty opponents - has caused a crisis in states that have no alternate means of execution. The effectiveness of some new formulations of lethal injection drugs also has been questioned. Miller's bill offers a way around the drug supply issue. He said it is not an expansion of the death penalty but a way to make sure the determination of the justice system is carried out. Washington and Lee University law professor David Bruck told the panel that electrocution is a "punishment whose time has long since passed." Jeff Caruso of the Virginia Catholic Conference said Pope Francis has declared 2016 a "year of mercy." In that spirit, he said, lawmakers should not be "piling 1 inhumanity upon another. ... We can do better," he said. "This is not who we are." "If you do certain things, you don't deserve to live," said Sen. Richard L. Saslaw, D-Fairfax, who supported the measure. In other action, the courts committee passed a measure to further penalize employers who deliberately fail to pay wages to workers. Currently, an employer is subject only to a misdemeanor charge for refusing to pay an individual worker's wages up to $10,000. Under House Bill 1150, however, the employer would be subject to a felony charge if a group of workers is owed more than $10,000 collectively. The committee also passed House Bill 1149, which would provide that a person who petitions the court for expungement of an offense will be reimbursed for the filing fee if the expungement is granted. (source: richmond.com) ************************** How McAuliffe could veto a public records bill without vetoing it State lawmakers from both parties expressed concern Wednesday with action by Gov. Terry McAuliffe that they said would essentially veto a bill aimed at making sure public records are released. The bill in question, SB494 by Sen. Scott Surovell, D-Fairfax County, relates to redaction of public records. If certain information in a public record is exempt from disclosure under the Virginia Freedom of Information Act, state and local governments may redact the exempt parts but are required to release the parts that are public. But a state Supreme Court ruling from September, Department of Corrections v. Surovell, would allow officials to withhold entire documents that contain any exempt information. With backing from the Virginia Freedom of Information Advisory Council, lawmakers passed Surovell's bill, which makes clear: "The provisions of this act are declaratory of the law as it existed prior to the September 17, 2015 decision of the Supreme Court of Virginia in the case of the Department of Corrections v. Surovell." But McAuliffe sent back to the Senate a version that Surovell and Del. Jim LeMunyon, R-Fairfax County, who sponsored the same bill in the House of Delegates, say guts the bill. McAuliffe also recommended that the matter be studied by the FOIA council - which already endorsed Surovell's bill. "Effectively, it would be a veto," Surovell said. "The FOIA council has already endorsed this in concept. ... The person who drafted it is the executive director of the FOIA council. The bill got vetted by all the local governments. It's been out there for 8 weeks." McAuliffe's substitute "is like a nuclear bomb," Surovell said. "I was surprised, and I was disappointed in that I'm not clear where this is coming from or why it's coming." LeMunyon said he agreed that McAuliffe's move is an effective veto. "We're trying to restore the redaction process in the FOIA to what we always thought it was," he said. Brian Coy, press secretary to the governor, said the administration disagrees that the court ruling applies to all local and state government agencies and said it applies only to the case at hand, an attempt by Surovell to obtain records about the death penalty. And because the bill sent to the governor changed the word "records" to "information" in the FOIA, Coy said, it's a "wholesale rewrite" of FOIA that needs further study. The bill, however, defines "information" as "content within a public record." The McAuliffe administration has fought the release of information about the death penalty. In 2015, it introduced a bill - which passed the Senate but was killed by the House - to shield companies that sell lethal injection drugs from the public. The bill originally read: "All information relating to the execution process and the buildings devoted to the execution process and all records regarding the equipment used in the execution process shall be exempt from the Freedom of Information Act." Roger Wiley, a lobbyist who represents the Virginia Municipal League and the Virginia Association of Counties, said the associations support Surovell's bill. "We had never thought the law allowed us to withhold an entire record just because one piece of it was exempt, so to the extent that case was suggesting that, we had no problem with correcting it," he said. Surovell said he's looking at options for how to handle the governor's substitute bill. Surovell's bill passed the Senate 38-1 and the House 98-2. With support from 2/3 of each chamber, lawmakers could pass their version of the bill, LeMunyon said. Megan Rhyne, executive director of the Virginia Coalition for Open Government, said McAuliffe's version of the bill would create an "unnecessary delay" in making sure the law is clear. (source: The Virginian-Pilot) NORTH CAROLINA: Winston-Salem man accused of killing boy, 2, rejects plea deal at last minute A Winston-Salem man accused of killing a 2-year-old boy in 2014 has rejected a plea deal that would have taken the death penalty off the table. Daryl Jerome Reed, 26, made the decision at the last minute Wednesday morning in Forsyth Superior Court. Reed is charged with 1st-degree murder in the death of Corey Joseph Plater on Aug. 12, 2014. Assistant District Attorney Belinda Foster had offered to allow Reed to plead guilty to 1st-degree murder and be sentenced to life in prison without the possibility of parole. For 1st-degree murder, there are only 2 possible sentences - a life sentence or the death penalty. Just before the hearing, Reed appeared hesitant. For several minutes, he refused to take a pen his attorney, Julie Boyer, offered him so he could sign off on a change in the plea transcript reflecting the fact that he turned 26 on Tuesday. He eventually took the pen from Boyer. Just after 9:30 a.m. Wednesday, the court proceeding started, and Judge Stuart Albright went over the plea transcript with Reed. When Albright asked Reed if he understood the charge, Reed replied, "In a sense." Then Reed said he didn't want to take the plea. "I don't feel taking this plea is in my best interest," he said. Reed also told Albright he wanted to fire Boyer, a lawyer in the Forsyth County Capital Defender's Office who was appointed to Reed. Reed said that he and Boyer disagreed on how to handle his case. Albright denied Reed's request, noting that Boyer is not always going to tell Reed what he wants to hear. "She can't sugarcoat it," he said. "She has to tell it like it is." Boyer said in court that Foster had told her that if Reed didn't take the plea offer, she would seek the death penalty. Foster said in court that the plea deal would expire at noon Wednesday and would not be offered again. Reed didn't change his mind. If Forsyth County prosecutors pursue the death penalty, Reed will be assigned a 2nd lawyer to represent him, which is required in death penalty cases. The next step now will be to hold what is called a Rule 24 hearing - scheduled April 6 - in which a Forsyth County judge will determine whether prosecutors have enough aggravating factors to pursue the death penalty. Forsyth County District Attorney Jim O'Neill said he could not comment on the case but said that in general, state law requires a jury trial when prosecutors pursue the death penalty. If a defendant is convicted of 1st-degree murder, a jury then decides whether to recommend a death sentence. According to an autopsy report, Corey died from a laceration of the liver caused by blunt force trauma to his abdomen, meaning the 2-year-old was punched or hit in the stomach. Winston-Salem police went to a house in the 2800 block of Piedmont Circle around 5:50 p.m. on Aug. 12, 2014. According to the autopsy, Corey was found in the bathroom. He had bruises on the left side of his face near his mouth and also had contusions on his upper right chest and on his forehead. The autopsy report said police believed Corey had been struck, possibly by a belt. Winston-Salem police have said Reed and another adult had been taking care of Corey that day and that Reed had been dating one of Corey's relatives. Police have not identified either the relative or the other adult taking care of Corey. No trial date has been set. Reed is in the Forsyth County Jail with no bond allowed. (source: Winston-Salem Journal) ALABAMA: Alabama Supreme Court rejects John Clayton Owens' bid to have state's death penalty ruled unconstitutional The Alabama Supreme Court has rejected a request by John Clayton Owens' lawyers to rule the state's death penalty system unconstitutional. The court denied the request without comment this afternoon. Attorneys Brian Clark and Ron Smith filed the petition last month on the eve of Owens' capital murder trial. Owens was found guilty of capital murder in the August 2011 death of 91-year-old Doris Richardson on Bide-a-wee Drive near Five Points in Huntsville. The jury was then asked to decide on whether to recommend the death penalty or life without parole. The jury voted 10-2 in favor of the life without parole, after just 35 minutes of deliberation. The verdict took about 8 hours. Under Alabama law, the judge has the final say and can override the jury recommendation and sentence Owens to death. But that system, where the judge, not the jury, has the final say is unconstitutional, Owens' lawyers argued. They cited the U.S. Supreme Court's January decision in Hurst vs. Florida, which struck down the Florida death penalty system. Alabama's system is very similar to Florida's, but the Alabama Attorney General's office has said there is a key difference that makes it constitutional. The U.S. Supreme Court said the problem is the jury is not the final finder of fact in Florida in determining sentencing, since the judge holds a separate evidentiary hearing. Alabama's judges also do fact-finding before capital murder sentencing, but the Attorney General's office has said that as long as the jury has found 1 aggravator - evidence that shows the defendant deserves the death penalty - the law is constitutional. The capital murder charge against Owens is that he burglarized Richardson's home along with strangling her. In Alabama, burglary is 1 of the aggravators that a jury can find as a basis for recommending a death sentence. In rejecting the defense's request to throw out the death penalty law in Owens' trials, Madison County Circuit Judge Alison Austin cited the fact that the charge contained an aggravator, meaning they found an element that could justify a death sentence. The defense has also argued that Alabama's system has jurors weigh the aggravators and mitigators - any fact that would make life in prison, rather than death, the appropriate sentence - in reaching their recommendation. The defense contends that if the jury itself doesn't find sufficient weight to recommend a death sentence, under the Hurst ruling, the judge cannot override the decision. Owens sentencing is set for April 20. (source: WHNT news) ************** Lindsay jury hears of a broken childhood, and a sister's regret Jurors in the Stephon Lindsay capital murder trial have heard numerous details of a troubled childhood, and the tearful anguish of a sister's regret. Those jurors found Lindsay guilty of capital murder on Tuesday in the death of his 20-month-old daughter, Maliyah. This happened 3 years ago this week. Lindsay slashed her throat and chopped her neck with some type of sword, telling police his God, "Yahweh," wanted her gone. Jurors are now hearing the penalty phase, where they will determine whether to recommend the death penalty or life in prison without parole. Etowah County Circuit Judge Billy Ogletree will make the final determination. The last witness on Wednesday was Lindsay's sister, Tiffany Tolbert. She is a mother of three. Tolbert broke into tears as she recalled the last day she ever saw Maliyah alive. Tolbert had taken Maliyah's mother, Tasmine Thomas, to the grocery store while Lindsay watched the children. When Tolbert saw him that evening she said he was nervously pacing back and forth, something that was out of character for him. That night, she says Lindsay told her repeatedly to take Maliyah for the night, and she kept saying she couldn't. Lindsay's statement to police indicate that was the night he killed Maliyah. He told his girlfriend, Thomas, that Maliyah was staying for a few days at Tolbert's house, and asked his sister to tell Thomas that Maliyah was with her if she asked. Earlier in the day, Gadsden police investigator Wayne Hammonds choked back tears as he recalled Maliyah's death and the crime scene. Her body was dumped into a trash pile. Hammonds told jurors he thought the crime was especially "heinous, atrocious and cruel," when compared to other capital crimes. That's because he imagined her having complete trust in her father, then her last moments on earth having to experience him hitting her in the throat with a sword. Hammonds also told the jury he has a son himself. A defense-hired mitigation expert, Talitha Bailey, testified going through DHR records to uncover the puzzle pieces of a broken childhood. Bailey described how social workers with the Etowah County Department of Human Resources were called out numerous times between 1979 to 1991 to investigate Lindsay's and his sister's living conditions. The most frequent complaint, said Bailey, was that the children were left alone while their mother went out drinking or doing drugs. In 1991, the children were finally pulled from the home when a social worker found Lindsay and his sister playing in the yard with the house doors locked. When their mother finally came to the door, she was drunk. Jeffrey Miller, Lindsay's former stepfather, testified that before age seven, Lindsay took a cigarette lighter under a bed in an attempt to find his toy spider. In doing so, Lindsay accidentally set the bed on fire. His aunt was lying in the bed and died from the fire. When asked if Miller remembered Lindsay ever getting counseling over that incident, he said "I doubt it." Tolbert also described her brother as mischievous when he was younger, eventually getting kicked out of school. She says until the day of Maliyah's death, she fully trusted Lindsay around her own children, and he even babysat them the day of Maliyah's death. Testimony is set to resume Thursday morning in the penalty phase. (source: WBRT) From rhalperi at smu.edu Thu Mar 3 10:14:52 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 3 Mar 2016 10:14:52 -0600 Subject: [Deathpenalty] death penalty news----KY., ARK., MO., NEB., UTAH, IDAHO Message-ID: March 3 KENTUCKY: Kentucky budget wasted on unused death penalty It is time for a change in how Kentucky law uses, or fails to use, the death penalty. Circuit Court Judge Pamela Goodwine made it clear during the conviction of Carlos Ordway for 2 counts of murder that, while the death penalty is constitutional here and sometimes necessary, the cost is detrimental to Kentucky's economy. "I don't think anybody would argue that the Commonwealth is in recession, and that there is an added cost to putting someone on death row," Goodwine said in trial, according to a report from the Lexington Herald-Leader. In Kentucky, the death penalty is rarely given and, in even fewer cases, actually executed. According to deathpenaltyinfo.org, only 3 people have been successfully processed through death row and executed for their crimes in Kentucky since the U.S. reinstated capital punishment in 1976. The last execution performed in Kentucky was in 2008. Kentucky rarely kills its criminals, especially compared to states like Texas where the death penalty is exercised frequently. But what about the people who do not make it to the lethal injection table? There are currently 34 inmates in Kentucky waiting on death row to be sentenced. These inmates may be there for much longer than a normal court case would take. It shouldn't matter how long it takes - the inmates shouldn't be sentenced to die. "I doubt there are actual appropriate punishments for the horrid things that can be done in this world, but I do not believe that imposing death is the most appropriate one," said Leah Kubala, a political science freshman. There are certain factors that go into why it is such an extensive process, the biggest being the appeals process. Typically, a case may take up to a decade, but there are always exceptions. The death sentence is the ultimate price to pay; it shouldn't be taken lightly and there is no room for error. However, time equals money. Kentucky has spent millions since 1976 maintaining a system that has only put 3 convicted inmates to death. "Nationally, what we've seen is that on average, a death penalty case from the very beginning to the execution can cost 5 times as much as life in prison without the possibility of parole," Shekinah Lavalle, the coordinator for the Kentucky Coalition to Abolish the Death Penalty said. The Kentucky Department of Public Advocacy estimates that Kentucky spends about $8 million per year defending, prosecuting and keeping death-row inmates in prison. The 34 inmates on death row have been convicted of their crimes, but because of the appeals process they are able to take a chance at life without parole. Plain and simple, Kentucky is not using the death penalty enough to uphold a good argument to keep it. Supporters may argue that it is sound and constitutional, but it only is in an ideal world. If the conviction rate in murder cases were 100 % accurate, many criminals would have a viable reason to be sentenced. Unfortunately, it isn't, and many people are convicted of crimes they didn't commit. (source: Editorial; The (Univ. Ky.) Kentucky Kernel) ARKANSAS: Trial reset for May in death of woman A Craighead County man will be tried in May for the capital slaying of a 90-year-old Bay woman last summer, Prosecuting Attorney Scott Ellington said Wednesday. Richard Jordan Tarver, 31, of Bay will be tried in Craighead County Circuit Court on May 23 after Craighead County District Judge Tommy Fowler changed Tarver's original trial date from March 14. Tarver is accused of killing Lavinda Counce on July 3. Police said family members reported Counce missing from her home July 3. Authorities found her car a day later in the parking lot of NEA Baptist Memorial Hospital in Jonesboro, about 10 miles west of Bay. A hospital video surveillance system showed a man parking Counce's car in the lot at 12:56 p.m. July 4 and then walking toward U.S. 49, which runs by the hospital. Searchers found Counce's body July 12 in a rural field west of Bay. Sheriff Marty Boyd said she had been shot in the head with a large-caliber weapon. Tarver was arrested July 17 at his home behind the house were Counce lived. He has pleaded innocent in Circuit Court. Tarver is also charged with kidnapping, aggravated robbery, aggravated residential burglary, abuse of a corpse, theft of property and possession of a defaced firearm. Ellington said he will seek the death penalty against Tarver. Fowler recused himself because he was a deputy prosecutor with Ellington when Tarver was arrested. Circuit Judge Cindy Thyer was appointed as the judge for Tarver's May trial. (source: Arkansas Democrat-Gazette) MISSOURI: Last legal hanging in Missouri in 1937 When traveling salesman Pearl Bozarth stopped for hitchhiker Roscoe "Red" Jackson along the highway south of Springfield on Aug. 1, 1934, he didn't know he was picking up a killer. Born and reared in the Howard's Ridge neighborhood of Ozark County, Jackson married a local girl and moved to Oklahoma 10 years earlier, but the couple recently had separated. The 32-year-old Jackson had turned to a life of crime after the breakup and had killed a man in Oklahoma a few days earlier. Now, he was trying to get back to Ozark County. Bozarth owned a poultry medicine company and traveled the Midwest peddling his products. A friendly sort who often picked up hitchhikers, he took Jackson to Branson and bought him a meal. Resuming the trip, the pair stopped for the night at a resort in Forsyth owned by an acquaintance of Bozarth. The next morning, Bozarth, with his passenger sitting beside him, pulled into a service station for gasoline and flashed a wad a cash when he paid for it. He and Jackson headed east out of Forsyth. On Aug. 4, a farmer discovered a man's body in a clump of bushes beside the road about 17 miles northeast of Forsyth near Brownbranch. The man had been shot twice in the head and his wallet was missing. The Forsyth resort owner promptly identified the body. It was surmised that Bozarth had been killed Aug. 2 because the farmer reported having heard shots that day. The hitchhiker whom Bozarth had befriended immediately was suspected of the heinous crime. A man who'd seen Bozarth and his passenger in Forsyth said the hitchhiker looked like a man he'd worked with in Gainesville years earlier. Following up on the clue, authorities identified the suspect as Red Jackson. They soon trailed him to Oklahoma. He was arrested when he drove Bozarth's car into Wekoka and was brought back to Missouri on Aug. 8 to face a murder charge. Granted a change of venue to Stone County, Jackson was found guilty of 1st-degree murder at his trial in mid-December 1934 in Galena, but the jury deadlocked on the question of life imprisonment versus the death penalty. Assessing the punishment, the judge sentenced Jackson to death by hanging and set the execution for Feb. 18, 1935. The defense appealed the case to the Missouri Supreme Court, causing a -year delay. The high court finally ruled in March 1937, upholding Jackson's death sentence and setting a new execution date of April 16. 2 Stone County officials prepared to carry out the hanging, although many local citizens were against the idea. A legal hanging never had taken place in the county, and many residents wanted to keep it that way, feeling that the execution should take place in the county where the crime was committed. In early April, the governor granted Jackson a reprieve until May 21 so he could study the case further. A new law was in the offing to abolish hanging in favor of the gas chamber as a method of capital punishment and to move all executions to the state prison in Jefferson City, and many locals hoped it would take effect before Jackson's hanging. In mid-May, however, the governor telegraphed the Stone County sheriff that the execution would take place as scheduled May 21. On May 20, Jackson was brought back to Galena from Jefferson City, where he'd been held for safekeeping. That evening, curious people began drifting into Galena from surrounding towns in anticipation of the execution the next day. The event took on a carnival atmosphere, according to a Springfield newspaper, as revelers celebrated the imminent doom of a killer. Early the next morning, a stockade surrounding the scaffold was opened and onlookers with passes surged into the enclosure, "packing it like sardines," according to a Galena newspaper. Hundreds of other spectators watched from afar as Jackson was led from the courthouse on a runway leading directly to the gallows. The condemned man's last words were "Well, be good, folks." He was dropped into eternity shortly after 6 a.m. The execution of Jackson stands as the last legal hanging in Missouri, as the gas chamber was adopted as a mean of execution shortly afterward. (source: Larry Wood is a freelance writer specializing in the history of Missouri and the Ozarks. This column is condensed from a chapter in his book "Desperadoes of the Ozarks."----Neosho Daily News) NEBRASKA: Anthony Garcia hearing focuses on DNA evidence Accused Creighton killer Anthony Garcia was in court Wednesday as attorneys discussed DNA evidence in the case. A new judge in the case heard arguments for several motions, including about the accuracy of DNA testing. Garcia's attorneys questioned the reliability of DNA results found at 1 of the crime scenes. The judge also heard arguments regarding the death penalty and the jury selection process. (source: KMTV news) UTAH: Utah Senate narrowly votes to abolish death penalty A year ago, Utah lawmakers were expanding the ways the state could execute inmates condemned to death. This week, the state took a major step toward possibly abolishing the death penalty entirely. The Utah state Senate narrowly voted on Wednesday to approve a bill that scraps the death penalty, with 15 state senators - the minimum number needed for passage - voting to send it to the state's House of Representatives. A dozen senators voted against this bill, while 2 were absent or did not vote. It is still not clear what will happen to the bill when it moves to the state House or, if it passes that chamber, makes it to Gov. Gary R. Herbert (R), who supports capital punishment and signed a bill last year expanding use of the firing squad. On Wednesday, a spokesman for Herbert reiterated his stance on capital punishment while expressing some reservations. "Governor Herbert continues to be a supporter of the death penalty but has concerns over the excessive length of time it often takes from the date of conviction to the actual punishment," the spokesman, Jon Cox, said in a statement. The bill in Utah would prohibit death sentences for aggravated murders committed on or after May 10, while it would also ban death sentences for crimes committed before that date if the death penalty has not been sought yet. This legislation went to the House on Wednesday and was introduced there the same day. In Utah, bills must be read three separate times in each of the 2 chambers. It would take at least 38 votes in the House to approve the bill and send it to Herbert. If the bill does wind up passing the House and Herbert opts for a veto, it would require a 2/3 vote in both chambers to override that. Utah's legislative session is scheduled to end next week. Utah state Sen. Steve Urquhart (R), who sponsored the bill, told The Washington Post's Amber Phillips last month that he was "making tremendous headway talking with House members" about the repeal. Urquhart said his arguments talked about how the death penalty is costly and described the process as riddled with delays. "I'm thinking that it's wrong for government to be in business in killing its own citizens," he said last month. "That cheapens life." The issue of how long inmates spend on death row was also cited by Supreme Court Justice Stephen G. Breyer in a high-profile dissent discussing the death penalty last year. Breyer, who was joined by Justice Ruth Bader Ginsburg, questioned whether the death penalty was constitutional and said that inmates condemned to death faced "unconscionably long delays that undermine the death penalty's penological purpose." Death-row inmates nationwide have spent an average of 14 years under those sentences, according to the most recent federal figures. (In some cases, as we saw in Texas last year and Georgia last month, inmates were executed at least 30 years after they were sentenced to death.) Meanwhile, the number of executions nationwide - along with death sentences - has fallen considerably in recent years. Last year, states executed 28 inmates, the smallest number in more than 2 decades, according to the Death Penalty Information Center. In Utah, the possibility of a bill banning the death penalty comes a little less than a year after state lawmakers, facing a nationwide shortage of lethal injection drugs, decided to make firing squads the state's backup option so that they could still carry out executions. As this drug shortage has continued, the country has seen a larger shift away from using the death penalty. Fewer inmates are sentenced to death and fewer executions are carried out, a big change from just 2 decades ago. A majority of the American public supports the death penalty, but that number is significantly down from what it was 2 decades earlier amid an era of heightened anxiety over crime. The last decade has also seen movement in some states to get away from capital punishment entirely. A third of the states with formal bans against the death penalty have gotten rid of the practice since 2007. Last year, in Nebraska - which, like Utah, is reliably conservative - lawmakers voted to ditch the death penalty and join that list, passing a bill that replaced it with life imprisonment. Those same lawmakers then overrode a veto from the governor, briefly making Nebraska the 19th state in the country to abolish capital punishment. That law was quickly put on hold after opponents submitted enough signatures to stop the repeal until voters weigh in this November. Death-penalty opponents in Nebraska pointed out that the state had not executed an inmate since 1997, with State Sen. Colby Coash, the Republican co-sponsor of the bill there, saying he felt capital punishment was "inefficient" and "costly." In Utah, executions have also been a rare occurrence. Since 2000, the state has executed one inmate: Ronnie Lee Gardner, who was put to death by firing squad in 2010. Utah technically never got rid of the firing squad, though in 2004 the state largely discarded the practice. The law that year let inmates sentenced previously choose between lethal injection or a firing squad. Last year, Utah made firing squads the backup method of execution. (source: Washington Post) IDAHO: Northwest killer denied death sentence appeal The U.S. Supreme Court has denied hearing an appeal of a man who was sentenced to death for kidnapping, torturing and killing a young northern Idaho boy after killing several of members of his family. U.S. Attorney Wendy Olson announced Wednesday that the high court had made their decision earlier this week. Joseph Edward Duncan III faces the death penalty for the 2005 murder of 9-year-old Dylan Groene. He also faces several life sentences for the murder of 3 family members and the kidnapping of his then-8-year-old sister. At the time, Duncan represented himself at his sentencing hearing but later waived his right to appeal. He has since changed his mind and his defense attorneys say he wasn't mentally competent to waive his rights. The high court's decision affirms U.S. District Court Judge Edward Lodge's 2013 finding that Duncan was competent to waive his appeal. No execution date has been set, and Duncan's attorneys may still seek other post-conviction relief. (source: Associated Press) From rhalperi at smu.edu Thu Mar 3 10:15:56 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 3 Mar 2016 10:15:56 -0600 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 3 SAUDI ARABIA----executions 5 executed in Saudi as toll hits 69 A Qatari and a Jordanian were among 5 people executed in Saudi Arabia on Tuesday, bringing to 69 the number of people it has put to death this year. The Qatari, Mohammed Jarboui, was executed in the eastern region of Al-Ahsa after being convicted of murdering a Saudi, the interior ministry said. Sliman and Ahmed Messoudi were put to death in the northern Tabuk region for trafficking amphetamines, the ministry said in a separate statement. The Jordanian, Abdallah Tayaha, was also convicted of amphetamine trafficking. He was put to death in the northwestern Jawf region, it said. Amphetamines are stimulants most often targeted at students and labourers in the kingdom, interior ministry spokesman General Mansour al-Turki told reporters last week. He added that war-ravaged Syria has become one of the biggest producers of the drug. The 5th person to be executed on Tuesday was Kassadi Atoudi, put to death in the southern region of Jazan following his conviction for murder. The 69 executions so far this year include 47 death sentences for "terrorism" carried out in a single day on January 2. Most people sentenced to death in Saudi Arabia are beheaded with a sword. In 2015, Saudi Arabia executed 153 people, most of them for drug trafficking or murder, according to an AFP count. Amnesty International says the number of executions in Saudi Arabia last year was the highest for 2 decades. However, the tally was far behind those of China and Iran. The kingdom has a strict Islamic legal code under which murder, drug trafficking, armed robbery, rape and apostasy are all punishable by death. (source: Middle East Monitor) **************** Qatari and Jordanian among 5 executed in Saudi Arabia Saudi Arabia has executed a Qatari and a Jordanian national, along with 3 Saudis, raising the country's toll from executions to 69 - just 2 months into the year. Qatari Mohammed Jarboui was executed in the eastern region of Al-Ahsa, after being convicted of murdering a Saudi, the interior ministry said. The Jordanian, Abdallah Tayaha, was convicted of amphetamine trafficking along with 2 other Saudis, Sliman and Ahmed Messoudi. Kassadi Atoudi, executed in the southern region of Jazan, had been convicted of murder. Among the executions already this year are the names of 47 people who were sentenced to death under "terrorism" charges on January 2. The kingdom came under fire for executing a prominent Shia cleric from its eastern region, along with al-Qaeda militants. The 56-year-old cleric, Sheikh Nimr al-Nimr, was a driving force of protests that broke out in 2011 in the kingdom's east, where the Shia minority complains of marginalisation. The execution of al-Nimr sparked widespread anger across the region and resulted in deteriorating relations between Saudi Arabia and Iran, where the Saudi embassy was attacked. The kingdom, which has a long history of human rights violations, has come under fire on numerous occasions for its gruesome procedure in carrying out the capital punishment. Most executions see condemned convicts beheaded with a sword in public. In 2015, Saudi Arabia executed 153 people, most of them for drug trafficking or murder, according to an AFP count. (source: alaraby.co.uk) NIGERIA: The Death Penalty Polemics This generation, where drug taking, satanic feats and many heinous crimes like rape, murder, and armed robbery are gradually becoming the order of the day for many miscreant groups, abolishing the death penalty, as a constitutional imperative, would be tantamount to the beginning of political madness. If anything, the death penalty should, for the time being, be an entrenched clause in the revised constitution until the entire drug addicts who emerged as a result of the war, who now have no value for human life, because killing and destroying man, have been grafted in them, are completely expunged from the face of this land, 1 by 1, as and when they commit. The 'slaughter house' in Kailahun remains a rather sad monument for the degeneration of human civilisation into a so-called cannibalistic existence, to the point of creating a 'slaughter house,' an abattoir for the sole purpose of killing and butchering humans for food. That 'slaughter house' should be one of the monuments of the war that should be preserved for posterity and, also, to remind the present of the moral disintegrating effects of war, to ensure that those things that contributed to the emergence of the war are not repeated such as: corruption in high places, political marginalisation, tribalism and brothernization, corrupt Police Force and their involvement in the politics of the day, unbalanced distribution of the national cake and a whole lot of ills. Great Philosophers and educationists in Western societies have written that the greater the experience the effective the learning. The post-war Head of State in Nigeria, Yakuba Gowan, was able to end armed robbery in his country by introducing public firing squad for armed robbery, an example of the end justifying the means. To abolish the death penalty just now is to mortgage the lives of peaceful Sierra Leoneans to drug addicts, whose main occupation is to make money at the expense of hard working compatriots, through the barrel of the gun, most times at night. Publicly executing armed robbers and making all murderers face the gallows are measures that this country should be considering for entrenchment in our constitution rather than the country. Many Sierra Leoneans thinks that it is not even prudent, just now, to be a rich man, which is a direct invitation for armed robberies. Let us first get rid of armed robbery, though a few examples can reduce the incidence of murder and other drug related crimes, then and only then should there be such a thing as abolishing the death penalty. Think security first before dancing to the tune of international polemics on death penalty. Think seriously first, before dancing to the tune of international polemics on death penalty. (source: Joe Nyangu; sierraexpressmedia.com) EGYPT: Egypt court sentences 7 to death over cadet bombing An Egyptian military court has handed down 7 death sentences for an April 2015 bombing that killed 2 army cadets as they waited to board a bus, an army official said. The blast in the Nile Delta city of Kafr el-Sheikh was one of a spate of attacks that have hit the security forces since the 2013 overthrow of Islamist president Mohamed Morsi. Most have been in the Sinai Peninsula, but some have been in Cairo or the delta to its north. The court in second city Alexandria also sentenced 5 people to life in prison, which in Egypt means 25 years, the army official said. It sentenced 2 defendants to 15 years, and 4 to 3 years. The defendants have the right of appeal to the Court of Cassation. 3 of those sentenced to death were tried in absentia. Police have detained or killed scores of suspected militants in Cairo and the delta, although the security forces continue to face frequent attack in the Sinai, stronghold of jihadists loyal to the Islamic Strate group. The jihadists say their attacks are in retaliation for a government crackdown targeting Morsi's supporters that has left hundreds dead and thousands imprisoned. Morsi himself and hundreds of his followers have been handed death sentences, many of them in speedy mass trials that have been condemned by the United Nations and human rights groups. Some have been overturned by the Court of Cassation on appeal. (source: Yahoo news) SOMALIA: Somali Extremist Sentenced to Death for Journalist Killings A former journalist accused of belonging to an Islamic extremist group has been sentenced to death for his alleged role in the killings of 5 Somali journalists. A military court in the Somali capital convicted Hassan Hanafi Haji, who was extradited from Kenya last year on the request of the Somali government. A judge, while handing down the death penalty for Haji, said the suspected al-Shabab member had been involved in the killings of 5 journalists in Somalia. Haji showed no signs of emotion before soldiers took him away. His trial attracted significant attention from local journalists, some of whom attended the trial Thursday. Many hope the sentence will send a message to extremists who have made Somalia one of the most dangerous places for journalists to work. (source: Associated Press) DEMOCRATIC REPUBLIC of CONGO: Court convicts suspect to death in murder of Soleil Balanga This statement was originally published by JED on 23 February 2016. Journaliste en danger (JED) notes the capital punishment ruling of the High Court of Boende for the murder of journalist Soleil Balanga, killed on April 16, 2015 in Monkoto, situated more than 100 km from Boende, the capital of the province of Tshuapa (northwestern RDC). According to information shared with JED and confirmed by 1 of the lawyers for the slain journalist's family, the High Court of Boende delivered its verdict regarding the murder of the journalist Soleil Balanga on Monday, February 22, 2016. Moussa Tendele, the son of the chief medical officer of the Monkoto health district, was sentenced to death for slitting Soleil Balanga's throat with a knife. A doctor and a nurse from the Monkoto health district, who were being prosecuted for criminal involvement, were acquitted. We...hope that the ruling will dissuade others in this country who think that one can threaten, attack or kill journalists without penalty. But as an organization for the defence of human rights, we are naturally against the execution of the death sentence. Contacted by JED, Mr. Papay Botshona, 1 of the lawyers for the family of Soleil Balanga declared "We are not completely satisfied with the verdict. The 2 others who were being prosecuted for criminal activity should also be found guilty. This morning (Tuesday, February 2016), I went to appeal the verdict." "We acknowledge this ultimate sanction and hope that the ruling will dissuade others in this country who think that one can threaten, attack or kill journalists without penalty. But as an organization for the defense of human rights, we are naturally against the execution of the death sentence," said Tshivis Tshivuadi, JED General Secretary. Soleil Balanga, journalist with Monkoto Radio Communautaire, was violently attacked with a knife on Thursday, April 16, 2015, by the son of the chief medical officer of the Monkoto health zone, who slit his throat after sharing information that his father was leaving his management position at the hospital. (sources: bignewnetwork.com & Democratic Republic of Congo Impunity Free Expression the Law) KENYA: Death penalty for murder suspects unconstitutional, says Tobiko Mandatory death sentence on those convicted of murder is against the Constitution, the Director of Public Prosecutions (DPP) has said. Keriako Tobiko in a case filed by 2 convicts Francis Karioko and Wilson Thirimbu before Supreme Court said that section 204 of the penal code as prescribed by Parliament limited the mandate of the Judiciary to determine criminal issues. "As far as section 204 of the penal code, it is agreed that it's against the Constitution. Let Parliament do its work and the Judiciary its own work. What is unconstitutional about the code is the mandatory nature of it," the DPP said through lawyer Njagi Nderitu. The contentious section has 10 words and reads that any person convicted of murder shall be sentenced to death. The DPP agreed to the argument placed before Chief Justice Willy Mutunga, Deputy Chief Justice Kalpana Rawal and justices Smokin Wanjala, Jackton Ojwang, Mohamed Ibrahim and Njoki Ndung'u by lawyer Fred Ngatia that section 204 should be declared unconstitutional but disagreed on outlawing the entire penal code. The country has over 2,511 individuals on death row and 4,203 others are serving life sentences. "We got death sentence from our colonial masters and in all former colonies, death sentence was predetermined. The courts are tied to pass a similar sentence to all found guilty," he said. "The court should inform Parliament it is not within their function to determine a penalty. Both USA and the commonwealth countries have held that mandatory death sentence is unconstitutional and this court should also hold so," Mr Ngatia argued. Karioko and Thirimbu have been awaiting execution since 2003 after being sentenced to death alongside 5 other suspects, including former Lands Commissioner Wilson Gachanja's wife, for the murder of businessman Lawrence Githinji Magondu. According to the 2014 Economic Survey Report released in April 2013, Kenyan courts are responsible for 32 % of all death sentences in the world. Kenya remains defiant to abolish the law though 139 countries had done so by December 2010. (source: Standard Media) PAKISTAN: An assassin's hanging: Why Pakistan needs to kill the death penalty----The state needs to differentiate itself from those like Mumtaz Qadri, who believe in the arbitrary imposition of death. Mumtaz Qadri, the assassin of Punjab governor Salmaan Taseer, was executed on February 29 at Adiala Jail in Rawalpindi, where he had been imprisoned for the past several years. His execution ended a tragic and sordid chapter of Pakistan's history - its fight against extremist vigilantes who believe they have the right to kill. Qadri's death came a little over 5 years after he assassinated Taseer outside a coffee shop in Islamabad. Investigating authorities said that Qadri had confessed to the murder - he said he had done it because the governor had wished to reform Pakistan's strict blasphemy laws. At the time, authorities also insisted that his was the act of a lone assassin and that he had no connection with any militant organisation. I oppose the death penalty. I hold my position because I do not believe that any government or instrument of State should partake in taking the life of any individual. Qadri's execution has, for me, been the greatest test of my conviction in the necessity of banning the death penalty. Over the years, I have written about Qadri often - the last time was in November 2014, after Mohammad Asghar, a 70-year-old schizophrenic man was shot by a jail guard. Asghar was imprisoned on blasphemy charges and was targeted owing to Qadri's incitement. The guard was a newbie, who had been convinced by Qadri to target others serving blasphemy terms. Mohammad Asghar had been a perfect and easy target. As I said in that piece, Qadri was a living embodiment of the distortion of faith that anoints not the Almighty but the individual, himself really, as the arbiter of who gets to live and die. The State as killer If this logic is reprehensible, and it is to me, then the question becomes whether it is ever valid. Instruments of the State are not individual. They are instead based on procedure and process, the product of which is justice. Qadri was a convicted killer, imprisoned not at the behest of arbitrary judgement but law and process. Using the instruments of State, however, to impose the death penalty on Qadri, or really anyone else, is something that undermines the legitimacy of these legal processes. Since the taking of a life is irreversible, its imposition by the State tests the procedures and processes of justice that has imposed them. It also attaches a few shades of taint, the hesitation that ensues from considering that if killing is always wrong, then is it very right? That, of course, is a technical argument. Another objection that irks me just as much is somewhat particular to Pakistan, or at least the contexts in which death, its detail and performance, has become a rhetorical instrument, the basis of an argument that eggs on others to sacrifice their lives if it accomplishes the killings of many others. In the grim present, where Pakistan and Pakistanis have been subjected to thousands of such acts of death which produce thousands more deaths, there are some additional risks when death is attached to an individual such as Qadri. The cult of suicide bombings against the Pakistani state considers those killed in the path of killing others as "martyrs". In this case, the fact that the State itself carried out the killing can attach even more significance to Qadri's end - and anoint him even further in the eyes of those who have managed to attach divine significance to such acts. Death as political theatre Death penalties handed out by the State add to the tableau of righteous and unrighteous deaths underway in Pakistan. There are two sides to this. On one are those who believe in the State, in the law, in a process, and in a faith that does not permit the taking of lives by individuals who, like Qadri, imagine themselves as judges. On the other side are those who are beguiled by the blood-laden rhetoric that embraces vigilante justice and centralises death as an act of faith, even when it is unjustly imposed on others. The iterations of this second kind have been seen time and again in Pakistan, and increasingly openly. Right-wing clerics in the country's mosques talk time and again of categories of people, the killing of whom is permissible. It is an invocation to all who will listen to become Mumtaz Qadri. Sadly, there are millions who listen and among those millions are some thousands who silently sympathise and some hundreds who actively join the rosters of militant organisations. Death, the embrace of it, the imposition of it on innocent others, is central to this conversion. The emergence of death as an act of political theatre in the war raging within Pakistan and increasingly in many parts of the world requires a rethinking of its imposition by the State. A greater moral contrast is required between those who believe in the arbitrary imposition of death, and the State that imposes it following the deployment of law, process and procedure. Such a contrast can be better achieved when the State imposes a complete moratorium on the death penalty and is able to say that it never kills as a retort to those who always kill, love killing, preach killing. A failure to do so risks the use of a State-imposed death penalty - like the hanging of Qadri - as one more act in the drama of his heroism of which he imagined himself a star, where he is the noble avenger, his killers the agents of faithlessness and corruption. Simply put, the State imposition of the death penalty on a man like Qadri can be manipulated into yet another dimension of anti-State radical heroism and divert attention from the horror of his crime. Pakistan does not need any more of such men. An ironic but real act of preventing their creation may be to let them fester in prison, alone, anonymous and forgotten. (source: Rafia Zakaria, scroll.in) INDIA: If we are serious about fighting corruption, we must have death penalty: Lok Sabha MP Rajesh Ranjan----Pappu Yadav speaks to The Indian Express on the issue. During discussion on the Aircel-Maxis deal, Lok Sabha MP Rajesh Ranjan alias Pappu Yadav demanded that corrupt politicians and bureaucrats be hanged as punishment. His comment - that all politicians are corrupt - drew sharp reactions in the House, leading Parliamentary Affairs Minister Venkaiah Naidu to intervene. Why do you think the corrupt should be hanged? This is the only way to eradicate corruption - by giving maximum punishment to the corrupt. How else can you tackle corruption when the most powerful, the politicians and the bureaucrats, are engaged in corruption and black money? Is it fair to make such a blanket statement about all politicians and bureaucrats? How else do you think politicians afford such expenditure during elections? On advertisements and other things? Officers and politicians help each other in breeding corruption. Both gain. Each politician easily spends crores of rupees in elections. Have you ever used black money in your life or political career? I am open to any probe. Let the CBI probe all my assets. I have in fact lost whatever I had. Around 9,000 acres of land I once had has been reduced to next to nothing. I have nothing to hide. But Venkaiah Naidu and many from the Opposition took exception to your speech today. How do you react? I did not name anyone, so there is nothing to object to. All I said was that corruption exists in all sections of the political class and officialdom. If we are serious about fighting corruption, we must have death penalty as the maximum punishment for the corrupt. Were you satisfied with Arun Jaitley's reply on the Aircel-Maxis deal discussion? Arun Jaitleyji is a lawyer, so he speaks in legal language. But corruption has to be fought not with legal jargon but with sincere will. It is said that the thief will always find a way in, if there is no sincere will to protect the house. (source: Indian Express) ***************** Notice to Yug's killers for confirming death penalty Yug Chandak's killers' case came up for confirmation of death sentence at Nagpur bench of Bombay High Court on Monday. A division bench comprising justice Bhushan Dharmadhikari and justice Vinay Deshpande issued notices to both convicts - Rajesh Dhanalal Daware (19) and his friend Arvind Abhilash Singh (23). The judges directed the court registry to expedite preparation of paper book related to the murder after hearing government pleader Bharti Dangre and Chandak family's counsel Rajendra Daga. Both convicts were awarded a rare double death penalty on February 4. Notice to EOW in Wasankar case The Nagpur bench of Bombay High Court, on Tuesday, issued notice to senior inspector of Economic Offences Wing (EOW) over a plea filed by a non-banking financial company in Mumbai challenging summons issued to it in Wasankar scam. A division bench comprising Justice Bhushan Dharmadhikari and Justice Vinay Deshpande asked the respondents to file reply before March 9. The judges directed EOW to continue probe, but restrained from taking coercive steps against the petitioner - Essar (India) Ltd. The EOW had issued summons under section 162 of Criminal Procedure Code, which the petitioner challenged thorough counsel Rahul Kurekar (source: The Times of India) From rhalperi at smu.edu Thu Mar 3 12:23:50 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 3 Mar 2016 12:23:50 -0600 Subject: [Deathpenalty] death penalty news----N.H., ALA. Message-ID: March 3 NEW HAMPSHIRE: NH Senate defeats death penalty repeal, tables suspension The New Hampshire Senate has defeated a measure to repeal the death penalty and tabled another that would have suspended its use until methods exist to ensure an innocent person isn't executed. Thursday's vote mirrored a 2014 repeal effort that deadlocked in the 24-member Senate. New Hampshire is the only state in New England with the death penalty still on the books. The state's last execution took place in 1939. Death penalty opponents said after the vote that they're heartened that several senators who have been staunch supporters of the death penalty now support its repeal or suspension. Michael Addison, who was convicted of killing a Manchester police officer in 2006, is the state's only person on death row. The bill would not affect anyone sentenced to death prior to suspension. (source: Associated Press) ALABAMA: JeffCo judge rules Alabama death penalty sentence scheme unconstituional A Jefferson County judge Thursday morning ruled that Alabama's capital murder sentencing scheme, which allows judges to override jury recommendations of life and instead impose the death penalty, is unconstitutional. In making her ruling after a hearing, Jefferson County Circuit Judge Tracie Todd barred the death penalty in the cases of 4 men charged in 3 murders. Todd had heard arguments from lawyers for capital murder defendants Benjamin Acton, Terrell McMullin, Stanley Chatman, and Kenneth Billups. Those attorneys argued that Alabama's death sentencing scheme is the same as Florida's, which the U.S. Supreme Court's had ruled unconstitutional in January. Deputy Jefferson County district attorneys argued that Alabama's sentencing scheme is not the same and that the U.S. Supreme Court, which was aware that Alabama's sentencing scheme was similar, did not strike down the Alabama law. Instead, the prosecutors argued, the U.S. Supreme Court had upheld Alabama's law in 1995. Alabama's sentencing scheme in death penalty cases is the same as Florida's, which was ruled unconstitutional last month by the U.S. Supreme Court, a number of Alabama defense lawyers are arguing to get death sentences barred in their cases. Todd ruled that the capital murder scheme is unconstitutional under 6th Amendment and barred from being imposed in the cases. The death penalty in Alabama "is being imposed in a wholly and unconstitutional manner," Todd said. Todd also said that Alabama leads the nation in which judges override juries recommendations for life with out parole in capital cases and instead impose the death penalty. "Alabama has become a clear outlier," she said. In the ruling she read from the bench, Todd: --Noted Alabama executes more defendants than states 5 times its size. --Questioned the election of judges in partisan elections and the danger of bending to political pressures and imposing the death penalty. --Noted that indigent clients often can't afford counsel. --Said that Alabama's underfunding of the state judiciary violates the constitution. (source: al.com) From rhalperi at smu.edu Thu Mar 3 16:39:30 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 3 Mar 2016 16:39:30 -0600 Subject: [Deathpenalty] death penalty news Message-ID: my postings to this list will resume on Sunday, March 13 From rhalperi at smu.edu Sun Mar 13 12:38:36 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Sun, 13 Mar 2016 12:38:36 -0500 Subject: [Deathpenalty] death penalty news----GA., FLA., LA., KY., ARK., MO., OKLA. Message-ID: March 13 GEORGIA----new execution date//impending execution Georgia Inmate Scheduled to Die A date is set for a Georgia man on death row. Joshua Daniel Bishop was sentenced to death back in 1996 after he beat another man to death. Prosecutors say Bishop stole the victim's car, when he and another man decided to beat the 3rd person to death and leave his body near dumpsters. Bishop is scheduled for lethal injection on March 31st. (source: WJBF news) FLORIDA: Time to abolish the death penalty The recent headlines concerning the death penalty compel me to write a bit of my story and to present the other side and what the death penalty can mean to a victim's family. It's been almost 35 years since my mother, at the age of 75, was victim of a violent home invasion in her small South Carolina town. She was brutally murdered. 3 months later a suspect was brought to trial, found guilty and sentenced to the death penalty. At that time in South Carolina, life with no chance of parole was not a sentencing option. Initially I mistakenly thought that this would be the end and derived small comfort in feeling that he would never again be able to commit such a crime against someone else. However, due to technicalities in our flawed justice system, I found myself having to relive the horror in court through 2 more trials over the next few years. Each time a different jury found him guilty and sentenced him again to the death penalty, thus starting the process all over again. It seemed that every time I was able to move slightly forward in my grieving or healing process, I would receive another call from the attorney general's office informing me of the next step in the appeals process. Even though I had once been a legal secretary and tried to research and understand the procedures, it was all overwhelming to me. And in spite of doing everything humanly possible to protect myself and shield myself from the media, the sensational nature of this case got picked up by national newspapers and television shows. As the case dragged on and the defendant became one of the longest death-row inmates, media interest became intense. Over the years, my mother's case has been the subject of national newspaper stories, a television true-crime show, a major network documentary, and a book which painfully twisted the facts to the point of almost blaming my mother for her own death. The defendant has since been exonerated and released - so all of this has served no purpose and I will never know the truth of what happened in my mother's case. But I do know that the past 30-plus years would have been so different and I would have been allowed to grieve and move forward privately had this not been a death penalty case. In my desperation to seek solace somewhere, I found a group in North Carolina called Murder Victims Families for Reconciliation where families of victims have come together to speak out against the death penalty. They define reconciliation as "accepting that you cannot undo the murder but you can decide how you want to live afterwards." There is a terribly disempowering effect of victimization. There must be a way to reconcile the demands of justice and fairness that still allows families to reclaim power, honor their loved one, and be allowed to put their lives back together without feeling prey to the media and our system of justice. We can begin by abolishing the death penalty. (source: Viewpoint: Carolyn Lee lives in Pensacola; Pensacola News Journal) LOUISIANA: America's death penalty capital: can a black DA really change the system? ---- After years of what many say was a culture of unjust death penalty prosecutions fueled by racial bias in Louisiana's Caddo Parish, James Stewart's election offers cautious hope but some are not so quick to call him a savior Shreveport, the seat of Caddo Parish, is tucked in Louisiana's northwest corner, bordering small towns in Texas and Arkansas. It has bayous, weeping willows, shotgun houses, and blues music, but lacks joie de vivre. It is the sober man's New Orleans. The area distinguishes itself with a grim fact: between 2010 and 2014, it sentenced more people to death than any other place in the country. It is also the home of Dale Cox, Caddo Parish???s former acting district attorney, a man responsible for 1/3 of Louisiana's death row inmates since 2011. Cox's reputation came to a head last year, when Rodricus Crawford was sentenced to death for smothering his 1-year-old son amid a flurry of doubts and unanswered questions about the case. Cox had been instrumental in getting the death penalty verdict, and features by 60 Minutes and the New Yorker had depicted him as a callous man dismissive of racism, working in an office where a colleague had a Ku Klux Klan leader's portrait hanging on a wall. This might shock outsiders far more than Caddo Parish residents. According to researchers who used Google searches data of the N-word to measure racism, it is among the most racist places in the country. And yet, last November, an African American judge named James Stewart was elected to succeed Cox, largely thanks to the town's large black voting block. Although black DAs are rare, they aren't so unusual as to warrant the kind of national attention Stewart's campaign received. The lingering question in everyone's mind: can a black DA change a criminal justice system tarnished by accusations of racism? Would his election be more than just a symbolic victory? I met Stewart in an office at Zion Baptist Church, where he is a longtime member. He is an archetypal Southern black man: deep voice, dark skin, big body. He is confident and intelligent but also matter-of-fact and approachable - a winning political combination. Raised in Shreveport, his father was a postman, which made him well-to-do. A child of desegregation, he was among the 1st wave of black students to integrate the city's main high school. He bypassed attending 1 of the state's black colleges - rare at the time - in favor of the relatively new University of New Orleans, and worked as a parish prosecutor, then judge. Last summer, around the time national media began scrutinizing Caddo Parish's capital cases, billboards appeared around the city beseeching Stewart to run. A short while later, a group of about 40 attorneys - the most prominent of whom were white - held a press conference to publicly cajole him into running. Referring to it as his "calling" moment, he finally decided to answer yes. District attorneys arguably have the most powerful role in the criminal justice system; they get more than 90% of the accused to take plea bargains before they ever see a judge. While people of color comprise a majority of those in the criminal justice system, their fates are controlled by prosecutors who are 95% white, and race is no predictor of how black prosecutors will approach cases. Scant research has been done to consider how this affects sentencing outcomes; however, the only variance found in a study of the New York County District Attorney???s office was that black and Asian prosecutors made more punitive demands in plea deals involving misdemeanor marijuana charges. Even when the DA is black, it is difficult to know how they will approach issues such as the death penalty. There was hope that Stewart would establish a division similar to Dallas' Conviction Integrity Unit, which was established by its former black district attorney to investigate old cases and exonerate the innocent. Stewart has already sent clear messages that this was not to happen. He has already decided to seek the death penalty against Grover Cannon, a black man accused of killing a police officer. In doing so, he takes an even harder line on the issue than black California attorney general Kamala Harris, who has said she personally opposes the death penalty yet is appealing a federal judge's ruling that California's death penalty is unconstitutional. He has also remained quiet on the Rodricus Crawford case, even though he has the power to drop charges or dismiss an indictment, even if the person has already been convicted - which is what Crawford, who was sentenced to death, is hoping for. Cecelia Trenticosta Kappel, senior attorney with the Justice Center, says the hope was that Stewart would "see that the state's theory that Rodricus Crawford decided to murder his son out of nowhere is implausible, unsupported by evidence, and based on abject stereotypes". According to Crawford's attorneys and evidence submitted with his petition, she says that "the state's case for capital murder essentially rested on 2 pieces of evidence: brain swelling and a busted lip. New evidence proves that the brain swelling was absolutely inconsistent with smothering; and had the state's forensic pathologist followed standard medical protocol, the timing of the lip injury could have been conclusively proven." In spite of these facts, Stewart's office has filed an opposition brief to Crawford's petition that his sentence be overturned. The brief, which rehashes the former prosecutor's arguments in favor of the death penalty, is eerily reminiscent of Cox. So too is Stewart's perspective on religion. "Some people get caught up in the separation of church and state. To me, all authority comes from God," he said during our interview. Still, which "God" will you get? The one that has entire communities asking for mercy, or the one that had Cox demanding death? "We got to separate the wheat from the tare", Stewart explains. "We can't allow some people who could be saved to be caught up. That's the hardest part of the job, identifying them: the murderers and the rapists, clearly, they are gone. But our closet is getting full and so it is starting to spill back out. Economically, we can't afford mass incarceration. So we've got to deal with the problem, but it is not the DA or the sheriff's problem. It is a community problem." No one would hope for Stewart to show greater restraint in death penalty cases more than Marty Stroud, a white lawyer with a distinguished legal career. In 1984, Stroud prosecuted Glenn Ford, a black man convicted of murdering jeweler Isadore Rozeman. Ford was sentenced to death by an all-white jury. He spent 29 years in isolation at the Louisiana state penitentiary, and was diagnosed with terminal lung cancer in 2014. After an investigation by the Innocence Project, he was declared innocent and received a full exoneration that same year. He went to his grave 4 months after his release, aged 65, fighting the state for $330,000 in compensation. Following the exoneration, Stroud couldn't stomach the role he'd played. He asked the Louisiana Bar Association to discipline him, and wrote the kind of confessional typically reserved for the recesses of one's mind or a priest. The letter, which appeared in the Shreveport Times, stated: I was not as interested in justice as I was in winning ... At the time this case was tried there was evidence that would have cleared Glenn Ford. The easy and convenient argument is that the prosecutors did not know of such evidence ... Had I been more inquisitive, perhaps the evidence would have come to light years ago. But I wasn???t, and my inaction contributed to the miscarriage of justice in this matter. Stroud, a practicing Catholic, says that though he agrees with the church's position against the death penalty, after what happened with Ford he would be against it regardless. Counsel were appointed [to Ford]... neither of which had tried a felony or any type of criminal case. They had no assets, no investigators, no money for experts or consultants. Compounding the issue for Stroud was the all-white jury. This happened in 1984, and I can tell you that at that time I did not appreciate the nuances of the race question... I thought at the time it was fair but looking back on it, it wasn't fair. The problem with jury bias has persisted ever since. Last year, a study found that Caddo Parish prosecutors used peremptory challenges 3 times as often to strike black potential jurors as others during the last decade. It turns out, a critical mass of black jurors matters. Research by Reprieve Australia, a group that opposes the death penalty, said the likelihood of an acquittal rose with the number of black people on the jury. Using the Reprieve study results, the New Orleans office of the Roderick and Solange MacArthur Justice Center, a civil rights law firm, filed a class action lawsuit claiming Caddo Parish district attorney's office "intentionally and unconstitutionally manipulated jury selection to limit the number of African Americans selected to serve on juries in criminal trials". This is, in fact, another area in which Stewart has a great deal of power. African Americans are most often excused from juries because the prosecutor objects. Were Stewart to issue new guidelines to his attorneys, the jurors could be more diverse. In Caddo Parish, at least 1 of Stewart's supporters remains sober-minded. "I don't think electing an African American has proven in any quarters of life to be the panacea," said Reverend Theron Jackson, who pastors Morningstar Baptist Church. An early petitioner in the jury bias lawsuit, Jackson is a bit of a renegade. His approach to the ministry hints at the liberation theology tradition, which came under scrutiny with the emergence of President Obama's minister Jeremiah Wright and his sermon God Damn America. It's a theology that sees God as concerned with the poor, weak, and oppressed. Jackson is adamant. "A DA can't save this city. He can do his part, but if you've got 7 things dysfunctional, you change 1, you still got 6 that are dysfunctional." In the space of an hour, Jackson mentions race relations, the lack of educational opportunities in the region, and economic deficiencies. He even criticizes the city's biggest player: the black church. But Jackson believes an even bigger problem lies at the heart of Caddo Parish - something that needs to be fixed and foremost if any progress is to be achieved: the people's mentality. "One of my biggest questions about slavery has always been: how do you have 8 people on a plantation who are white and 85 who are black, and they don't change something?" Jackson said. "Well, you have to psychologically make a slave before you physiologically make a slave, and they work hand in hand. I think this still happens here." To this day, Shreveport's status as 1 of the most segregated cities in the nation remains - so much so that the I 49 highway that splits the city is known as the Mason Dixon line. The Confederate monument outside the courthouse, where a confederate flag flew until recently, suggests there is still far to go to free the city from its history. By 1850, the US Federal Slave Schedule reported 5,763 slaves with 466 slaveowners in the region. From 1862-1865, Shreveport was the Confederate capital of Louisiana, the last Confederate capital to fall. After the civil war ended, a different, more deadly form of terror set in for the newly freed. Outnumbered white racists turned to intimidation to assert their political will. They established terrorist organizations such as the Knights of the White Camelia, operating across the south. Between 1866 and 1875, some 3,500 people in Louisiana, mostly African Americans, were estimated to have been victims of violence, ground zero of which was "Bloody Caddo" Parish, where 45 documented killings of black Americans by white mobs took place. Reverend Harry Blake, who worked under Dr King in the Southern Christian Leadership Conference, grew up on a plantation just outside Shreveport. He believes it was easier to organize for civil rights years ago. "Racism was more overt. Doors were closed to us everywhere, and we were told to like it. Doors are open now, so we're not as concerned." Now black citizens attend integrated schools and churches. This might look like progress, but the black community is not progressive. This is a place where a black neighborhood retains the name of a Confederate general, and the black elite choose to live in neighborhoods bearing the name "plantation". Blake sees what they don't. "I think lynching of black people is going on today, but they use an invisible rope, so we don't see it as clearly." Crawford, who sits in isolation at Angola awaiting the outcome of his appeal, believes he is seeing things clearer than ever before, and he doesn't see himself as powerless. He believes God is moving on his behalf: "You know, I look at what's happened in the past year with Dale Cox. The DA [Cox's predecessor] dropped dead out of nowhere. Then the New York Times article comes out and all of a sudden there's a spotlight on my case, and everybody is asking what to do about it when nobody cared before. Then Cox isn't running for DA, and then Stewart wins and we're looking at a whole new day now. I have to credit that to God. It's the only thing getting me through." As a child of Shreveport myself, I was taught Bible verses before I learned the alphabet and attended church 3 days a week. I have read the Bible, cover to cover, twice. I know Jesus. I never saw him fix a thing. I have seen Jesus inspire people to endure, to repent, to give, to strive, to grow, and to sacrifice. This is the Jesus Caddo Parish needs, not the Miracle Jesus we invoke when we don't want to confront and solve complex problems. A black district attorney can't save Caddo Parish, but Stewart speaks like a man who embodies this savior. "Justice is a biblical term. Jesus came for justice. Justice is really just treating people fairly and in a God-like way, loving people ... When I was on the bench, I always made sure I determined what was right and what was wrong. Not necessarily what was politically correct or what people wanted to hear. That's the way I operate. However it cuts is the way it cuts." We pray this is so. (source: Yolanda Young, The Guardian) KENTUCKY: A matter of life and death: Support for death penalty should be revisited For more than 30 inmates on Kentucky's death row, Rep. David Floyd's (R-Bardstown) bill was likely a matter of life and death. His bill would've abolished the death penalty in Kentucky. Under his proposal, inmates sentenced to execution would instead have been granted a maximum life sentence without parole. As The State Journal reported earlier this week, since Kentucky reinstated the death penalty in 1976, it's executed 3 people. There hasn't been a hearing for a bill abolishing capital punishment in the state until this session, although it failed to pass. It's not surprising. Still, we thought the bill should've received a lot more consideration - especially from outspoken "pro-life" lawmakers who've testified on previous bills about the "sanctity of life." While it's inconsequential for us to take a stance on the death penalty now, we do maintain that lawmakers should've carefully considered discussions about the life and death of individuals. Among Kentucky lawmakers, both Democrats and Republicans who participated in committee talks about the issue overwhelmingly favored the death penalty. For them and staunch supporters of capital punishment, it's unlikely they can be swayed from their convictions. But the debate on capital punishment and its effectiveness is still worth broaching. Advancements to DNA testing exonerated no less than six wrongly convicted men last year in America. And as Rep. Floyd testified this week before a House committee, our Department of Public Advocacy errors in about 67 % in its cases. In 2011, the DPA notified the state it should halt executions because of that high failure rate. Critics of the death penalty say the cost to execute inmates is substantially higher than the cost to permanently imprison them. It's already cost Kentuckians $400 million to execute 3 inmates in the past 40 years. But no amount of money can right the wrong of executing an innocent person. Before decision-makers execute an inmate under the limits of our law, we hope they can be 100 % certain that their death is warranted. If not, then we're simply killing people who kill people to show that killing people is wrong. (source: Editorial, The State Journal) ARKANSAS: Multiple Washington County murder cases stress public defenders office Washington and Madison counties have 24 prisoners charged with murder and the sheer volume of the cases is overwhelming the public defender's office and stretching resources at the prosecutor's office. "What we're dealing with is, we have a certain number of attorneys who are death-qualified to handle murder cases, and we're just about at our limit," said Denny Hyslip, chief public defender. "There are more (murder cases) right now than I can ever remember at any one time. Normally, there were three or four a year, but in just the last couple years the numbers have increased significantly." -- Murders Murder cases in the 4th Judicial District -- Rodolfo Martinez, 18, Giovanni Vasquez-Sanchez, 17, and Jose Delatorre, 18, are all charged with accomplice to capital murder in the death of Jimmy Rodriquez, 20, on April 11, 2015, in Springdale. Vasquez-Sanchez is charged as an adult. A 13-year-old boy was arrested but information is unavailable because his case is in Washington County Juvenile Court. All five are from Springdale. 3 men were standing near a car when 4 men in a blue Ford Focus pulled up and demanded to know their gang affiliations. 1 of the 3 said he was in a gang, and 1 of the people in the car opened fire, killing Rodriguez. -- In a Fayetteville case, 5 people are charged in the killing of Victoria Annabeth Davis on Aug. 19, 2015. Rebecca Lloyd, 36, John Christopher Davis, 27, and Mark Edward Chumley, 45, all of 433 S. Hill Ave., and Christopher Lee Treat and Desire Treat, both 29, of 315 S. Block St., Apt. 15. Are all charged with accomplice to capital murder. Police said Victoria Davis, 24, of 433 S. Hill Ave., was held captive at her house for hours and brutally beaten by her husband, John Davis, and the other 4 defendants. -- Corey Lee Ryan of Farmington, Erick Picker of Fayetteville, and Stephen Scott of Springdale are charged with accomplice to capital murder in the stabbing death of Gustavo Ortiz of Springdale in what police said was a drug deal gone bad at Econo Lodge in Fayetteville on Sept. 6, 2014. Ryan pleaded guilty to a reduced charge of 1st-degree murder in a deal with prosecutors and was sentenced to 35 years in prison along with 10 years for robbery. Picker and Scott are awaiting trial. -- Hector Trejo, 17, is charged as an adult with capital murder in the death of Eliazar Torres, 21, of Springdale. Torres was stabbed to death during a party at Scottish Inns & Suites on Jan. 10. 7 others were arrested on preliminary charges of up to and including accomplice to capital murder but prosecutors opted for lesser charges after reviewing the evidence in the case. -- Antoine Jackson, 29, of North Little Rock is charged with capital murder in the death of Emily Nash, 28, on May 27, 2015, in Springdale. She had gunshot wounds to her head and hand. -- Samuel Robert Hill, 27, of Fayetteville is charged with capital murder in the death of his father, Allen Hill, 61, at the elder Hill???s house near Elkins on Aug. 20, 2014. Allen Hill was shot multiple times in the chest. -- Rashad Santon Brown, 17, of Fayetteville is charged as an adult with 1st-degree murder in death of Cedric Oliver, 19, of Springdale early Dec. 12, 2015. Oliver was stabbed at a party in Fayetteville. -- Hector Saul Ramos, 18, of Springdale is charged with 1st-degree murder in the death of Fabian Rodriguez, 18, in Springdale early March 13, 2015. Rodriguez was shot outside Ramos??? home. -- Cantrell A. Graydon, 31, of Fayetteville is charged with capital murder in the death of David Allen, 25, in Fayetteville on Oct. 24, 2015. Allen was stabbed multiple times in the back and neck. -- Jimmy Lee Hancock, 46, of Fayetteville is charged with 1st-degree murder in the death of Anthony Dell Jackson, 58, in Fayetteville on August 31, 2015. Jackson was stabbed in the neck and head. -- Wanda Andaluz-Prado, 44, of Springdale is charged with 1st-degree murder in the death of Pedro Coria Campuzano, 36, in Springdale on Aug. 16, 2015. Campuzano was stabbed in the chest. -- Freddie Davis Matthews, 40, of Fayetteville is charged with 1st-degree murder in the death of Alfred Davis Matthews Jr., 43, in Fayetteville on Jan. 29, 2016. Alfred Matthews was stabbed. -- Juan Pablo Perez-Lopez, 30, of Springdale is charged with capital murder in the death of Jesus Cecilio Villalobos, 48, in Springdale on Feb. 13, 2013. Villalobos was stabbed multiple times. -- Cody Wade Wise, 27, of Rogers is charged with capital murder in the death of Ronnie Kultgen, 53, of Garfield near Clifty in Madison County. Kultgen's badly decomposed body was found Aug. 29, 2015. Kultgen, last seen alive April 15, was shot in the head. -- Travis Bell, 36, is charged with capital murder in the death of Tommy R. Moffett, 56, on Sept. 1, 2015, in Huntsville. Moffett had a fractured skull and .22-caliber rounds were found near his body. [source: Staff report] -- There were 11 homicides in 2015 and 2 so far this year in Washington County, according to Coroner Roger Morris. The average over the past 10 years is 5.7 per year, according to Arkansas Crime Information Center statistics. There were 10 homicides in Washington County in 2013 but only 1 each in 2008 and 2010 and 3 in 2014. The 24 pending cases include 1 lagging from 2013, but the rest are from the past 2 years. 11 people are charged in just 3 of the cases. Madison County had 2 homicides in 2015, the 1st since 2009, according to the information center. Benton County has 2 murder cases pending with 3 defendants. The defender's and prosecutor's office in Washington County also have to handle Madison County cases because it is the other part of the 4th Judicial District. A couple of murder defendants have private attorneys, but the vast majority are considered indigent and have been appointed lawyers free of charge. The public defender's office has only 2, Hyslip and Leana Houston, certified to handle capital cases. They recently lost 2 certified lawyers, Tony Pirani and Autumn Tolbert, who are now in private practice. Pirani still handles some capital cases for the office as an appointed attorney. To make matters worse, in cases with multiple defendants the public defender's office can only represent one of them, because of the possibility of antagonistic defenses. Lawyers have to be found to represent the other defendants, either through the state Public Defender Commission or lawyers in private practice. "All these murder cases, it used to not be this way; it's crazy," said Kent McLemore, a Fayetteville lawyer who is representing 2 defendants in different cases. To ease the burden, the commission has been appointing attorneys to represent some of the defendants, according to Hyslip. That process has led to delays and scheduling headaches because those lawyers are often not from Northwest Arkansas. The commission is supposed to provide backup for public defenders who have a conflict or not enough resources to handle the case load. Gregg Parrish, executive director, said he has 8 lawyers in his Little Rock office who do only capital conflicts and who work with 8 mitigation specialists and 8 investigators to cover the entire state. "State and federal law require that I appoint 2 attorneys to represent each defendant, also appoint a mitigation person to work on the mitigation aspects of the case as well as an investigator for each defendant," Parrish said. "I will continue asking the legislature to appropriate additional positions for this agency, including mitigation people and investigators. In the interim, I have to go outside the agency to comply with state and federal law. I have to send people from Little Rock or eastern Arkansas to go to the places they are needed, and you and I both know that's no easy task." It gets more complicated in the cases with multiple defendants. In a case with 4 defendants, for example, the local public defender's office would appoint 2 lawyers to 1 of the defendants, Parrish would assign 2 of his lawyers to represent one of the defendants. Then, to avoid a conflict of interest, he'd have to find outside counsel with the qualifications and experience to represent the 2 remaining defendants. Parrish said his lawyers have to work under the assumption the death penalty is in play from the time of an arrest until it is formally waived by prosecutors. There is no time frame for the state to make that decision. Capital cases are labor intensive, even more so when the defense attorney has to make frequent trips back and forth across the state and, perhaps, have several extended stays to get the job done. "These are not cases that can be resolved or taken to trial in 3 to 4 months," Parrish said. "We have a mandated obligation in these cases because the law recognizes them as extraordinary. They are unlike any other cases. And, so, we have to treat them that way, and if we don't then what happens is you run the risk of missing something and, if there is a conviction and subsequent appeal, you're looking at a new trial and you have to go through this whole process all over again. It's better from our standpoint to do it right the first time. We just need the time and people and opportunity to do that." On the prosecution side, Prosecuting Attorney Matt Durrett said at least 9 lawyers in his office, including himself, currently have some part in at least 1 murder case. 6 are taking a lead role. Each prosecutor is also juggling a workload of 160 or more cases of various kinds. "It's unprecedented with these homicides. I think the most we've ever had in a year was 5, and we had about a dozen last year. Hopefully, it was just a freak year as opposed to a trend," Durrett said. "It used to be that if you walked down the hall and asked if anybody wanted a murder case, there'd almost be a fist fight. Now, it's having enough warm bodies to handle these cases." Murder cases, especially capital cases with the death penalty potentially in play, take a long time and lots of work compared to more run of the mill cases, Durrett and Hyslip said. Taking on a murder case can be a commitment of 2 years or longer in some instances. "Ideally, I'd love to get these things through the system as quickly as possible but you can't do that because you don't want to sacrifice any part of thoroughness, for lack of a better term, because lives are at stake," Durrett said. "A lot of it is based on what the defense has to do." If the state opts to seek the death penalty in a case, the amount of scrutiny ratchets up exponentially, Hyslip and Durrett said. "With the death penalty, we have to make sure everything is done correctly because they're going to keep reviewing it over and over and over again looking for a reason to overturn these things," Durrett said. "With the gravity of it all, first and foremost you want to get it right. You don't want to be having to piece together a case after 25 years." Hyslip said the effectiveness of counsel is also looked at more closely. "It's very important that we have lawyers here who are well-trained and death-qualified," Hyslip said. Durrett said being able to plea bargain a case saves everybody time and work. It also provides some closure to families of murder victims as opposed to the death penalty process, which can take 20 years or more. "Lots of times you have situations where a defendant is willing to plead to life without parole as opposed to the death penalty, and that's hard to turn down," Durrett said. "One of the many benefits of a plea is the certainty and the finality of it. You know what's going to happen, and that puts an end to it." (source: Northwest Arkansas News) MISSOURI: Event to focus on murder victims' families who oppose death penalty 2 people who oppose the death penalty even though they have loved ones who were murdered will speak to the public at a Monday event. The program, "Journey of Loss and Healing: Murder Victim Family Members Urge an End to Execution," will feature Jim Hall and Val Brown, both of whom had daughters who were murdered. People who attend the event will also have the chance to watch documentary "Potosi: God on Death Row." Hall's daughter, Kelli Hall, was abducted, raped and murdered in St. Charles in 1989. Her family initially supported the death penalty for the men arrested for the crime, but had a change of heart after 1 of them was executed, according to a news release. Brown's daughter, Angie Brown, was shot by her ex-boyfriend, Deandra Buchanan, while she held her 2 children. He was also convicted of killing his aunt Juanita Hoffman and her partner, William Jefferson. He has been sentenced to life in prison, where Brown has visited and forgiven him. The event is scheduled for 7 p.m. at Calvary Episcopal Church at 123 S. Ninth St. (source: Columbia Daily Tribune) OKLAHOMA: 3 Botched Executions No Deterrent to Oklahoma's Commitment to Death Penalty Despite Oklahoma's bungling of its last 3 scheduled executions, the state's top law enforcement officer said justice demands that lethal injections resume once his office's probe into the last 2 drug mix-ups are complete. Republican Attorney General Scott Pruitt said a grand jury directed by his office is nearing completion of a months-long, closed-door investigation into how the wrong drug was used to execute an inmate in January 2015 and then delivered again to death row for a scheduled lethal injection in September that was halted just before the inmate was to die. Pruitt declined to discuss details while the probe was ongoing, but said state officials have a duty to Oklahoma citizens, who overwhelmingly support the death penalty, that it is carried out properly. "It's important that as state officials, when the people of Oklahoma have said unequivocally that the death penalty is the right form of punishment in certain instances ... that we carry that out in a very sober and thoughtful way," Pruitt told The Associated Press. Since Pruitt launched the investigation in October, 3 key players connected to Oklahoma's last several executions have resigned after showing up to testify - Oklahoma State Penitentiary Warden Anita Trammell, former Department of Corrections Director Robert Patton, and Gov. Mary Fallin's general counsel, Steve Mullins. Pruitt declined to say whether the resignations were connected to his probe, and all 3 have been asked not to publicly discuss their grand jury testimony. Oklahoma ranks 2nd only to Texas in the number of executions carried out since the death penalty was reinstated in the United States in 1976, and has the busiest death chamber in the nation based on its population, according to the Death Penalty Information Center, which opposes capital punishment. The drug mix-ups in Oklahoma followed a botched lethal injection in 2014 that left inmate Clayton Lockett writhing on the gurney and mumbling in an execution that Patton tried unsuccessfully to halt before the inmate died 43 minutes after the procedure began. An investigation later revealed that a faulty insertion of the intravenous line and lack of training of the execution team contributed to the problems. Pruitt acknowledged Oklahoma has struggled to obtain the necessary drugs needed to carry out executions because manufacturers of the most effective execution drugs have prohibited states from purchasing them for lethal injection. Pruitt has even suggested the state set up its own compounding laboratory as a potential solution to that problem. "It's just something policymakers need to wrestle with - the securing and sourcing of these drugs for the long term," Pruitt said. Since executions have been on hold in Oklahoma for most of the last 2 years amid 2 separate investigations, 5 death row inmates have exhausted their appeals and are awaiting execution dates. There are 49 inmates on death row in the state, including 1 woman. Pruitt has said he won't request any execution dates until at least 150 days after his investigation is complete and the results are made public. The state's interim prisons director said the execution team at the Oklahoma State Penitentiary in McAlester is continuing to prepare and practice for when lethal injections resume. "I can guarantee the people of Oklahoma that when the time comes to carry out this duty, it will be performed humanely and properly," said interim Department of Corrections Director Joe Allbaugh. But amid a budget crisis that has prompted deep cuts to state agencies across the state, death penalty opponents question the wisdom of Oklahoma leaders continuing to defend an increasingly expensive and problem-plagued policy of putting people to death. "It's painful to know how much money we're spending to kill people," said Adam Leathers, a spokesman for the Oklahoma Coalition to Abolish the Death Penalty. "It may or may not bring some people a degree of catharsis, we don't know, but it sure seems to be costing the taxpayers a lot of money." (source: Associated Press) From rhalperi at smu.edu Sun Mar 13 12:39:20 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Sun, 13 Mar 2016 12:39:20 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 13 PAKISTAN: Laws For Children The senate passed a landmark amendment to the penal code on Friday by criminalising acts of sexual assault against children. In the aftermath of the Kasur scandal, the need for this law was self-evident. The abuse of children has existed in Pakistani society for a long time, and the failure of the legal code to protect our children from the people that abuse them has given the perpetrators impunity. In the case of children, the need for this because a child cannot defend him/herself against a fully grown adult, especially when this adult is a teacher or a family member and has a position of influence over the child. The abuser uses their innocence to exploit them, and this must not continue, because apart from the physical abuse, the psychological impact of the attack can potentially be impossible to recover from. Over the past 5 years, cases of sexual abuse against children have been brought into the limelight more frequently. Not only that, but some NGOs have released studies that show that the incidence of cases have increased as well. The proposed penalty of 7 years however is not nearly enough given the seriousness of the crime. In legal terms, it is important to remember that a child's status differs from an adult because of the ability to make conscious decisions and provide consent for anything that affects an individual. The fact that the attacker is abusing someone who may or may not know what is happening to her/him. The punishment of a crime against a child then should be the strictest possible in the penal code, which in the case of Pakistan is a life sentence or death. Increasing the age of criminal responsibility from 7 to 10 years old is also a very important step. Most developed countries have identified the age of criminal responsibility as 10, with punishments that are moderate and more corrective instead of focusing on retribution for crimes committed. It is important to remember that a child who engages in criminal activity is very different from a hardened criminal. In the case of the latter, it is important to keep the time spent incarcerated long enough to remove the criminal from society until he or she is ready to be rehabilitated. It is in the interest of the society to do the opposite with children, to ensure that they are brought back into the fold at the earliest. The government should be commended for the step it has taken, but should also be reminded that the job is only half done. In order to adequately protect children, the law needs to be implemented, and the police and the courts need to take the next step in ensuring that a positive precedent is set for protecting children from abuse. (source: Editorial, The Nation) INDIA: Bombay High Court overturns life imprisonment, sentences youth to death for rape and murder----HC says woman's right to live with dignity, honour and respect, if taken away to satisfy lust, needs to be put down with heavy hands The Bombay High Court, on Saturday, overturned the life imprisonment awarded to a 25-year-old, charged of raping and murdering a soon-to-be bride, held that the case falls in the category of 'rarest of rare' and awarded him 'death penalty'. A division bench of Justice Indira K Jain and Justice AV Nirgude said, "Commitment has been made at all levels - from local to international - that women have an inherent right to life, which includes right to live with dignity, honour and respect...If this inherent right is taken away just to satisfy lust, it is to be put down with heavy hands. Any leniency would result in inadequate punishment." The accused, Javed khan alias Tingarya s/o Habib Khan, had committed the offence in 2009. As per the prosecution, the victim, a 2nd-year Bachelor of Computer Science student, was staying in the house at Aurangabad with her brother. On the fateful day, her brother had to stay back at his workplace, and when he returned the next morning, he found his sister lying naked in a pool of blood. He called the police and neighbours who rushed her to the hospital where she was declared 'brought dead'. The police tracked down the mobile phone of the victim, which was stolen by the accused, to a hotel owner. After learning that the phone was given to him by accused Javedkhan to settle his hotel bill, the police arrested Javedkhan. During the trial, the prosecution examined several witnesses, including medical officers, to prove the diabolic crime. The trial court then sentenced Javed to life imprisonment. The state government moved the high court seeking enhancement of sentence while the accused challenged his conviction. The court, while overlooking the young age of the accused, said, "In order to satisfy his lust, the accused forcibly raped a young defenceless lone girl and then eliminated her life in a beastly, brutal and barbaric manner. We consider this grisly and a gory episode as an ultimate insult to the humanity in general and womanhood in particular." (source: dnaindia.com) BANGLADESH: Bangladesh's top court upholds Islamist tycoon???s death sentence----Ali was sentenced to death on 2 counts, as well as to 72 years in prison on the other charges. Mir Quasem Ali, a media tycoon and key financier for the Jamaat e-Islami party, was convicted on charges including confinement, torture and incitement to religious hatred during Bangladesh's war of independence from Pakistan in 1971. International Crimes Tribunal had sentenced 63-year old Mir Quasem Ali, considered the financial backbone of the Jamaat-e-Islami, to death on November 2, 2014. Quasem was the Al-Badr's 3rd most important functionary after Jamaat-e-Islami chief Motiur Rahman Nizami and Secretary General Ali Ahsan Mohammad Mujahid. A death-row convict can seek review of Appellate Division verdict and if rejected, he or she can plea for president's clemency. "For 42 years, we have waited for justice, which has been delivered, and hopefully the government will take steps to execute the judgment", Mahbubul Alam Chowdhruy, a former freedom fighter told ucanews.com. Defence lawyers said that they would talk to Ali and his family to decide the next course of action. "The court has acted independently and handed down to Mir Quasem Ali what he deserves", state prosecutor Tureen Afroze told reporters outside the court after the verdict. The church doesn't support the death penalty but welcomes justice for criminal wrongdoings, says Father Albert T. Rozario, convener of Justice and Peace Commission in the Dhaka Archdiocese. According to Bangladesh's official figures, which are contested, around 3 million people were killed and 200,000 women raped during the breakaway from Pakistan. Bangladesh's Prime Minister Sheikh Hasina has opened an inquiry into crimes committed during the 1971 war in which East Pakistan separated to become Bangladesh. paving the way for prosecutions by a war crimes tribunal. (source: nanonews.org) From rhalperi at smu.edu Mon Mar 14 10:40:37 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 14 Mar 2016 10:40:37 -0500 Subject: [Deathpenalty] death penalty news----VA., N.C., LA., OHIO, ILL., KY., MO., ORE., USA Message-ID: March 14 VIRGINIA: Virginia legislature approves bill reimplimenting electric chair The Virginia General Assembly on Friday approved a bill [HB 815 materials] that will allow for the implementation of the electric chair if lethal injection drugs are not readily available. Virginia has faced issues with obtaining lethal injection drugs as some pharmaceutical companies have declined to supply the necessary materials. According to the new bill, the Virginia Department of Corrections must make "reasonable efforts" to obtain lethal injection materials before utilizing the electric chair. The bill will now be sent to Governor Terry McAuliffe desk to be signed or vetoed. Currently, Virgina has 7 inmates on death row. Capital punishment remains a controversial issue in the US and worldwide. In February the US Court of Appeals for the Eleventh Circuit rejected a Georgia death row inmate's legal challenge to the death penalty. In January Mississippi Attorney General Jim Hood stated that he plans to ask lawmakers to approve the firing squad, electrocution or nitrogen gas as alternate methods of execution if the state prohibits lethal injection. The US Supreme Court in January ruled in Kansas v. Carr that a jury in a death penalty case does not need to be advised that mitigating factors, which can lessen the severity of a criminal act, do not need to be proven beyond a reasonable doubt like aggravating factors. (source: The Jurist) NORTH CAROLINA: Darryl Hunt, wrongly convicted of murder, found dead Darryl Hunt, imprisoned for more than 19 years for a murder he did not commit, was found dead in a car in Winston-Salem early Sunday. In 1984 at age 19, Hunt was charged with the rape and murder of a newspaper copy editor. The case was racially charged. Hunt was black and the murder victim was white. Hunt spoke against the death penalty for years after his exoneration, exhibiting a calm that made an impression on friends and strangers. He traversed the the state with People of Faith Against the Death Penalty and traveled overseas with the documentary "The Trials of Darryl Hunt," speaking about abolishing the death penalty and improving the justice system. "I think everyone who saw Darryl speak was deeply moved by the resilience and kindness and gentleness with which he spoke," said Stephen Dear, executive director of People of Faith Against the Death Penalty. In a statement, police said that officers received a call early Sunday of a person believed to be dead inside a car near the Wake Forest University campus. Officers found a man identified as Hunt, unresponsive inside the car. Hunt had been diagnosed with cancer. A cause of death was not released. At his original trial, Hunt was convicted of 1st-degree murder and barely escaped getting the death penalty. The conviction was overturned, and he was tried a 2nd time in Catawba County in 1990, and again he was convicted. After 19 years in prison, Hunt was exonerated in February 2004 after DNA evidence led police to Willard Brown, who confessed to the killing. After he was exonerated, Hunt was pardoned by then-Gov. Mike Easley. He was awarded a settlement of more than $1.6 million in 2007 and founded the Darryl Hunt Project for Freedom and Justice, an advocacy group for the wrongfully convicted. But Hunt was also haunted by his experiences, said those who knew him. He would use ATMs daily, not so much to get money but so he could create a time-stamped receipt and an image recording his location. "Even after all this time - he still carries this kind of fear and anxiety," said Phoebe Zerwick, who in 2003 as a reporter for the Winston-Salem Journal, wrote an 8-part series on Hunt's case. Zerwick now teaches at Wake Forest University and regularly asked Hunt to speak to classes. His last spoke to a group of her students in late January. "Anybody I've ever met who has met him has been deeply touched by him," she said. "He's really moving to college students." Mark Rabil is an attorney who represented Hunt from his 1st trial through to his civil settlement with Winston-Salem more than 2 decades later. Rabil said he knew Hunt was innocent the first time they talked. "He was very open and trusting," Rabil said. "There didn't seem to be any question about it." Rabil and Hunt recently traveled together to the University of Virginia for a program at its public policy school. Hunt often talked about the problems of people released from prison, Rabil said. Hunt called it "homecoming." The trauma of wrongful convictions, years in prison, and the responsibilities he took on after he was free wore Hunt down, Rabil said. "In the long run, he eventually got the death penalty," Rabil said. (source: News & Observer) LOUISIANA: Murder trial in beating death of child hits snag after public defender's office runs out of money Landon Broussard's death penalty trial this summer could be delayed due to the ill-financed public defender's office, which canceled the contract of Broussard's lead counsel then accepted the resignation of his 2nd attorney. More clarity on Broussard's 1st-degree murder trial in the November 2012 killing of his girlfriend's little boy is expected later this month at a hearing before state District Judge Laurie Hulin. G. Paul Marx, who heads up the 15th Judicial District's Indigent Defenders Office in Lafayette, said last week he might play a role in Broussard's defense. Criminal defense attorneys must be credentialed to represent defendants facing the death penalty. "I think I'm going to have to be involved," Marx said Friday. Broussard's lead attorney, Clay LeJeune, of Crowley, was 1 of 26 attorneys whose contracts were canceled in February after state funding to the 15th Judicial District's Indigent Defenders Office was slashed. Broussard's 2nd attorney, Elliott Brown, resigned earlier this month to take a job in Baton Rouge. Brown worked for Marx in the Indigent Defenders Office, which in February either laid off or accepted the resignations of 9 attorneys and 2 social workers. LeJeune, Brown and Assistant District Attorney William Babin were scheduled to argue pretrial motions at a March hearing. Last year, LeJeune filed 48 motions on Broussard's behalf before his trial that was scheduled to begin July 25. Some of the filings were to be considered at the hearing, which had been scheduled for March 23 and 24. Now it's unclear what, if anything, will be decided at the hearing. LeJeune said he would drop by the courtroom on March 23. "I'll make an appearance, but it'll be with no muscle," he said. LeJeune and Brown were appointed to represent Broussard in the weeks after the now-24-year-old was arrested in the death of Julian Madera, the 3-year-son of Broussard's girlfriend, Laura Smith. Julian was pronounced dead after Broussard carried the boy's lifeless, naked body into Broussard's grandmother's home on Kaliste Saloom Road on Nov. 29, 2014. Detectives said in police reports that Julian had suffered prolonged beatings: One of his ears was torn and his body was covered with bruises from beatings that occurred over time. A later examination and DNA profile linked Broussard to the boy's death. Broussard was charged with 1 count of raping the boy, a charge that Babin and the District Attorney's Office temporarily dismissed pending the murder trial. Smith was convicted of cruelty to a juvenile for letting her son get abused. She is serving a 5-year sentence and is expected to testify at Broussard's trial. Babin, the prosecutor, said last week that in light of the public defenders office's financial struggles and LeJeune and Brown pulling away from the case, he can't predict the immediate future of Broussard's criminal case. He said he'll bring his stuffed satchel containing case files to the hearing March 23, where "We shall see what we shall see." What's happening in the Broussard case is just one of the most visible consequences of a broke public defenders office, which now is without the resources to provide an attorney for every poor person accused of a crime. Marx said there are almost 1,600 defendants in the 15th Judicial District - which includes Lafayette, Acadia and Vermilion parishes - who need attorneys experienced in criminal defense. Marx said he's had attorneys who normally practice the civil side of law volunteer to do criminal defense work. Marx said while he appreciates those lawyers volunteering, rules prevent them from representing defendants accused of crimes. He also said 15th District judges do not plan to pluck attorneys from the rolls of lawyers in the 3 parishes, which at one time was how indigent defendants were appointed counsel. "The Louisiana Bar Association last year passed a resolution noting that criminal defense requires a more than casual knowledge of law and practice," Marx said in a statement this month. "The obligations of counsel are no less for clients who cannot afford their own attorney, so I do not want to ask lawyers or clients to bear the failure of our funding by risking licensure as attorneys or a person's right to counsel." (source: The Advocate) OHIO: Death penalty under fire It has been 11 years since Ohio dismissed all charges against Derrick Jamison, who spent nearly 20 years on death row for a crime he did not commit. "I'm still in shock from being sentenced to die," said Jamison. "I'm the only survivor from this part of Ohio." Jamison joined several speakers for a presentation to fight the death penalty at the St. Monica-St. George Parish Center Sunday. There have been 156 exonerations since Oct. 13, 2015 from 26 states across the country, 9 of which came from Ohio, according to the Death Penalty Information Center. Terry Collins, former Ohio Corrections chief, oversaw 33 executions and is now an advocate for the repeal of the death penalty. "The fairness of the system has too many falsities," said Collins. Collins said race plays a part - African Americans make up over 1/2 of Ohio's death row population. Little to no representation is also a factor in some death row cases. "I know some public defenders who go from one case to another," said Collins. "They don't have, quite frankly, enough time, they don't get paid hardly anything." Collins also brought up the role correctional institutions play in psychiatric care. "The prisons have become the new psychiatric hospitals," said Collins. "We were not made to deal with severe mental illness." Collins said individuals in the prison go in and out of the system. "It became a rotating door," said Collins. "What's frustrating to me is that when they leave the system, they fall in the cracks." Approximately 1 out of every 5 inmates has a mental illness, according to the Treatment Advocacy Center. "A lot of them guys on death row, they suffer from severe mental illness," said Jamison. Collins voiced his opposition to sentencing those with mental illnesses to death row. "There's no reason that we should ever try to put anybody to death in the state with a mental illness," said Collins. 1argument for the death penalty is cost effectiveness - the average price per inmate per year is around $24,000, according to Collins. Despite this, he said the cost of the death penalty runs even steeper. Increased staff, appeals and court stays are just some of the contributing factors. "It costs their salary, their time in court, and this goes on for 15, 20 years," said Collins, who finds the option of life in prison "much cheaper." While standard cellblocks in Ohio have 2 working officers, the cellblock for death row requires 4 officers, not counting extra officers needed to escort inmates from their cell out to the recreation area. The annual salary for a corrections officer in Ohio is roughly $17,000 a year, according to Collins. "You start adding all those costs in, it's extremely more expensive," said Collins. Despite his wrongful conviction, Jamison said he received no compensation after he was released. "They gave me $75 and told me to go back into the world after I was gone 2 decades," said Jamison. During his time in prison, Jamison's mother passed away. "I looked up and the guards came to my door, and they told me that my mom had died," said Jamison. As far as being bitter, Jamison said he doesn't look back on the past. "I can't deal with anger," said Jamison. "I'm going to continue to fight against the death penalty because they're making too many mistakes." Director of the Intercommunity Justice and Peace Center Allison Reynolds-Berry encouraged those in attendance to take action by writing a letter to their state representative or by signing up for a pen pal program with individuals currently incarcerated. (source: The News Record) ILLINOIS: Faith, Victims' Families and the Death Penalty Faith, Victims' Families and the Death Penalty will be presented by Jeanne Bishop on Monday, March 14, 3 to 4:30 p.m., at Eden Theological Seminary - Wehril Chapel, 475 E. Lockwood Ave. in Webster Groves. Bishop lost her pregnant sister and her brother-in-law when they were murdered in their home in 1990. "Change of Heart: Justice, Mercy, and Making Peace with My Sister's Killer" is Bishop's account of her experiences following the death of her sister and her faith perspective on the death penalty. Bishop will share her story of how she came to oppose the death penalty. The event is free and open to the public. (source: Webster-Kirkwood Times) KENTUCKY: Scottsville reacts to the death penalty in Timothy Madden murder case The Scottsville community has been on an emotional roller coaster since November, with 4 murders occurring since then. On Friday, the state announced they are going to seek the death penalty in the Timothy Madden murder case. The people of Scottsville say it's been rough. "To understand it, to grasp it, you know. But I don't think anybody can grasp that," Terri Smith said. Scottsville locals were hesitant to give their opinions on such a hard subject. "It's against my Christian religion to put someone to death, for a wrong that he even had done," Valerie Vargo said. Residents say they believe the state didn't have much of a choice, with how torn the community is. "I think people would have been upset if they didn't. Of course there would be some that would be upset because they did," Smith added. One resident says Timothy Madden still has to go to court and be proven guilty, but he deserves whatever punishment he gets, If Madden did commit the crime. But some punishments are too extreme. "But to take his life in place of another, is just not right," Vargo said. The people of Scottsville have many different views on this issue, but 1 community member says they need to get back to 1 core value. "And we need more love, if I had something to say today, it is love is what we need. Love for every family that's involved, for everybody in this community. And for people to come together and love one another," Keith Patrick said, of the East Willow Church of God. Madden is set to appear back in court on July 13, 2016 at 1:30 pm for a Status Pretrial Conference for the murder of Gabbi Doolin. Timothy Madden is being tried for the abduction, rape and murder of 7 year-old Gabbi Doolin on the campus of Allen-County Scottsville High School. He was arrested less than a week after the murder and charged with the crime. (source: WBKO news) MISSOURI: Senators favor Mo. executions The Missouri Senate debated and, ultimately, let stand the death penalty. The debate did not result because bleeding-heart liberals performed a coup on the Republican-dominated Senate. Republicans and Democrats alike sought the repeal - just not enough of them. Sen. Paul Wieland, R-Imperial, a city south of St. Louis, led the effort. There are solid reason to reject the death penalty. As a Catholic opposed to abortion, Wieland is among Christians who have a tough time saying they are pro-life and pro-death penalty. Others take the position that the criminal justice system's views on convictions can change, but the death penalty is permanent. In 2012, Amnesty International and the Death Penalty Information Center reported that since 1973 the U.S. justice system had to free 154 people on death row. If not for DNA and other factors, the state would have executed at least some of those inmates. 4 of those men sat on Missouri's death row: Reginald Griffin, black, convicted in 1983 and all charges dismissed in 2013; Joseph Amrine, black, convicted in 1986 and freed in 2013; Eric Clemmons, black, convicted in 1987, and acquitted in 2000; and Clarence Dexter Jr., white, convicted in 1991 and freed in 1999. Another concern is that the death penalty is not issued equally. In a 2015 Supreme Court ruling on the death penalty, Justice Stephen Breyer's comments included that evidence in the case showed race, gender and geography often are more influential than the severity of a crime when death is the sentence. Many people support the death penalty, with this area's senator, David Pearce, and Sen. Mike Parson, a candidate for secretary of state, counted among them. A former sheriff, Parson told The Daily Star-Journal he has seen murder up close and the guilty should pay the highest price for their crimes. "I understand what cold-blooded killers are because I've interviewed them, I've talked to them before and I understand. And you know more than likely they're going to go out and they're going to do it again. ... There are people that I truly believe do not belong in society, nor do I think locking them up forever is the right thing." Missouri over the past 2 years has executed 16 people. The next man scheduled to die is Earl Mitchell Forrest, 66. Jurors found Forrest guilty of killing Dent County Deputy Sharon Jo Barnes and 2 other people, and of wounding the sheriff and another person, 13 years ago. Forrest faces death May 11. The Missouri Senate for a moment considered the question of whether to continue executions. Right or wrong, executions will continue. One can only hope that everyone put to death is guilty. (source: Opinion; The Daily Star-Journal) OREGON: Death Row chaplain speaking tonight Florida death row chaplain Dale Recinella: "The Biblical Truth About America's Death Penalty," University of Portland's Garaventa Center for Catholic Intellectual Life and American Culture will present "The Biblical Truth About America's Death Penalty," a lecture by Dale Recinella, on Monday, March 14, at 7:15 p.m., in Franz Hall Room 120 on campus, 5000 N. Willamette Blvd. The lecture is free and open to the public. Recinella has served for 25 years as a spiritual counselor and Catholic correctional chaplain, ministering to men on Florida's death row. His talk will offer a riveting integration of Scripture, law, history, and theology from his books denouncing America's death penalty. Mr. Recinella's publications include The Biblical Truth About America's Death Penalty (2004), Now I Walk on Death Row: A Wall Street Finance Lawyer Stumbles into the Arms of a Loving God (2011), "Why American Catholics Must Say 'No' to the Death Penalty" in America, and a long-running column in The Florida Catholic. He practices law in Florida and has taught international law and business ethics at St. John's University at the Vatican (Oratorio) and at Temple University in Rome. In 1997 he was named a University of Notre Dame Exemplar for modeling faith and citizenship in action, received a Year 2000 Press Award from the Catholic Press Association, and was named Citizen Volunteer of the Year by the executive staff of Florida State Prison in 2013. He has appeared frequently on worldwide Vatican Radio and to audiences around the U.S. and in Europe. This event is co-sponsored by the Garaventa Center for Catholic Intellectual Life and American Culture and Oregonians for Alternatives to the Death Penalty. For ADA accommodations or further information contact the Garaventa Center at 503-943-7702 or garaventa at up.edu, or visit sites.up.edu/garaventa. (source: Oregon Faith Report) USA: Man who spent 39 years in prison confronts Clinton on death penalty Hillary Clinton appeared deeply uncomfortable when confronted on her support for the death penalty by a man wrongfully imprisoned for 39 years. In a powerful moment at Sunday night's Democratic town hall in Ohio, the former secretary of State fielded a question from Ricky Jackson, who was exonerated in 2014 after spending most of his life in prison - including time on death row - for a murder he didn't commit. Clinton grimaced as Jackson recounted his painful story and closed by asking her, "How can you still take your stance on the death penalty in light of what you know right now?" The Democratic front-runner gave a halting answer, clearly still grappling with her heavily qualified position on the death penalty. Clinton says she still supports the death penalty, but only for extreme terrorism cases that end up under federal jurisdiction. Clinton's rival, Bernie Sanders, opposes the death penalty in all circumstances. "This is such a profoundly difficult question," Clinton told the audience at the town hall, televised by CNN. "I have said I would breathe a sigh of relief if either the Supreme Court or the states themselves began to eliminate the death penalty. "Where I end up is this," she said. "And maybe it's a distinction that is hard to support. ... The kind of crimes I'm thinking of are the bombing in Oklahoma City ... the plotters and the people who carried out the attacks on 9/11. "But a very limited use of it in cases where there has been horrific mass killings. That's really the exception that I still am struggling with. And that would only be in the federal system. "But what happened to you," she told Jackson, "is a travesty." (source: The Hill) ***************** Ted Cruz's Pastor Endorses Death Penalty for LGBTQ People Minutes Before Inviting the Candidate to the Stage This is horrifying. In a frightening new scene from the dystopian hellscape that is the presidential election, Ted Cruz's pastor calls for the execution of gays before calling the candidate to the stage. This is so troublingly bigoted, you might think that Cruz would immediately reject the idea, but, nope, no, he doesn't seem to have responded to any way other than implicitly condoning his pastor's hate. (source: teenvogue.com) From rhalperi at smu.edu Mon Mar 14 10:41:20 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 14 Mar 2016 10:41:20 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 14 BURMA----executions Wa Authorities Say 2 Men Executed in Self-Ruling Region A court in Panghsang handed down death sentences to 2 people found guilty of murder in the autonomous Wa Special Region, where on Sunday the duo were executed, according to local sources. Zhao Guoan, who is a spokesperson from the United Wa State Army (UWSA), confirmed the court ruling and the men's execution. "They killed other people. The court gave the death sentence to them yesterday," he told The Irrawaddy on Monday. He said the crime and severe sentence were rare in the Wa Special Region, an autonomous zone in Shan State that is ruled by the UWSA and administers a judicial system independent of the Burmese government. "Our court only gives the death penalty when someone killed another. It happens only sometimes here," Zhao said. The UWSA, Burma's largest ethnic armed group, administers the Wa Special Region essentially beyond the reach of the central government in Naypyidaw. At the national level, Burma is considered a de facto abolitionist state and has not openly carried out an execution in decades. The UWSA-run Wa State TV aired a broadcast on Sunday that showed photos of the 2 men made to kneel before police officers, presumably before being shot dead in accordance with the Panghsang court's ruling. A separate report, also from UWSA-affiliated media, identified the men, one being Yan Lu, a 50-year-old ethnic Wa man who was found to have killed his 2 wives while under the influence of illicit narcotics. Li Jian Guo, a 33-year-old Chinese citizen, was found guilty in the slaying of his 18-month-old son, also reportedly under the influence of drugs and alcohol. The weekend executions recall a similar case that played out in January in the Mong La Special Region, where a Chinese national was reportedly executed by officials apparently acting under instruction from the semiautonomous authority there. That man, too, was found guilty of murder, as well as arson. The Mong La Special region is administered by the National Democratic Alliance Army (NDAA), a non-state armed group like the UWSA. (source: The Irrawaddy) IRAN: Annual Report Reveals 2015 as Darkest Year for Iran Executions The full English report was published on Monday March 14. IHR's 8th annual report on the death penalty reveals 2015 to be one of the darkest years in the Islamic Republic of Iran's history. However, the horrifying death penalty record has not had an impact on relations between the Islamic Republic of Iran and the West. The numbers presented in this report are very close toin line with the numbers presented by the UN Special Rapporteur on the situation of the human rights in Iran, Dr. Ahmed Shaheed. On average between 2 and 3 people were hanged every single day in Iran; juvenile offenders, women, political prisoners, and alleged drug offenders were among them. That's at least 969 executions in 2015, the highest annual number in more than 25 years. 66% of the executions were for drug offenses, even though Iranian authorities have admitted multiple times in the past that the death penalty has not decreased the volume of drug crimes in Iran. 2015 was also the year when the Islamic Republic of Iran emerged out of several years of isolation. Following the nuclear agreement between Iran and the P5+1 group, sanctions were lifted and the diplomatic climate between the Islamic Republic and the West improved significantly. Currently there are hundreds of European companies preparing to resume business in Iran. Although the reaction of the international community to the wave of executions has not been adequate, there have been some encouraging signs inside Iran with activists and civil society leaders coming together to stand against the death penalty. In particular the forgiveness movement is rising in Iran. According to the annual report, the number of victims who chose forgiveness was higher than those who asked for a retribution death sentence for the murder convict. The annual report explains how the charges issued by Iran's Judiciary are unfair, the use of torture to coerce confessions is widespread, and in some cases the charges against the prisoners were fabricated. EXECUTION TRENDS UNDER PRESIDENT HASSAN ROUHANI Since the election of Hassan Rouhani in June 2013, at least 2162 people have been executed in Iran. A comparison between the 2 1/2 years after Hassan Rouhani's election and the 2 1/2 years before his election show an increase of 43% in the number of executions carried out in Iran. The dramatic increase in the number of executions after the election of President Rouhani has been, according to some, a reflection of the power struggle between the conservative Judiciary and the "moderate" government of President Rouhani. Although it is the judiciary which issues and implements death sentences, neither President Rouhani nor members of his cabinet have expressed any dissatisfaction about the large number of executions. On the contrary, when President Rouhani or Foreign minister Javad Zarif were given chances to make a statement about the death penalty they defended Iran's high number of executions. Iran Human Rights calls on the United Nations to renew the mandate of the Special Rapporteur on human rights in Iran, the international community to require procedural transparency and guarantee fair trials from Iranian authorities, and also European partners to help reduce the usage of the death penalty in Iran by putting the death penalty on top of the agenda in any talks with Iranian authorities. "Europe and European companies cannot be silent witnesses to Iran's horrendous death penalty record. Upgrading business relationship with the Iranian authorities must be conditioned on restriction of the use of the death penalty. The growing abolitionist civil society inside Iran and Iran's need for foreign investments provide a rare opportunity for Europe to contribute to limiting the use of the death penalty and improving human rights in Iran," says Mahmood Amiry-Moghaddam, the executive director of Iran Human Rights. (source: Iran Human Rights) PHILIPPINES: 'Cheaper to kill than to injure' There is an official price for human life in the Philippines: P50,000 per person. The amount of P50,000 can buy you a living room set, a secondhand Gucci women's bag, or a pair of Prada men's shoes in various online shops like eBay. These are the material equivalent of the value of human life in this country. It was Congress that put a peso value on human life when it passed in 1950 the New Civil Code, which states that any person who causes the death of another, by committing either a crime or gross negligence, shall be liable to pay a sum of money for the resulting loss of life. Notwithstanding all the speeches in Congress and Supreme Court decisions describing life as "priceless," "invaluable" and "irreplaceable," human life still has a peso equivalent. In 1950, the base price fixed by Congress was P3,000 for the wrongful termination of a person's life. Notwithstanding the huge fall in the value of money in the past 66 years, Congress never adjusted the peso value of life. Until now, Article 2206 of the New Civil Code states that the amount payable for any human life that is killed is P3,000. It was the Supreme Court that increased the price of life, first to P6,000, then to P9,000, next to P12,000, and eventually, in 1990, to P50,000 (P75,000 if the crime is penalized with death, even if the death penalty is presently suspended). (It is worthwhile to know the inflation-adjusted peso value of life from the 1950s to the present. The earliest available inflation data are the figures of 1958, and the P3,000 monetary value of life in 1958 is equivalent to P325,000 in 2016. The P50,000 monetary value of life in 1990 is equivalent to P213,000 in 2016. On the other hand, the P50,000 monetary value of life in 2016 was equivalent to P10,500 in 1990, and P500 in 1958.) For 26 years now, the price of life has not increased and has remained generally fixed at P50,000. Hence, if you are murdered by an enemy or a drunk driver recklessly causes your death, the criminal will only be liable to pay P50,000 as "death indemnity" for the loss of your life. Of course there will be additional amounts payable for other losses, such as: actual damages for losses due to funeral and burial expenses; compensatory damages for the loss of the deceased's earning capacity; moral damages for the emotional loss and suffering of the heirs; attorney's fees for lawyer expenses; and exemplary damages to serve as lesson so that others will not commit the same crime. The amounts payable for each of these additional damages are almost always higher than the P50,000 payable for the loss of life itself, but such other damages will be measures of how rich, educated and powerful the victim was. And this shows that these mere incidents of life are given more value than life itself. This also shows how our government regards and values "priceless" life. This cheap valuation of life has given rise to an outrageous mindset among Filipino bus and truck drivers. The absurd belief that is much talked about among drivers is that when a reckless driver causes an accident that results in serious injuries to a pedestrian, the reckless driver will end up paying a lesser amount of damages if the pedestrian ends up dead. There are anecdotal stories of a bus or truck driver who ran over and seriously injured a pedestrian, and then backed up to do a 2nd runover in order to deliver death to the injured pedestrian. The motivation to kill the injured pedestrian is reportedly due to the gruesome belief that a dead pedestrian means lower payment of damages. There is factual basis for the horrifying belief. Almost always, road accident victims have this profile: They are beggars, vendors, and generally poor people who have no documented income; their funeral and burial expenses are at minimum amounts; the emotional loss of their heirs is tempered by the latter's immediate need for cash; and their heirs will be represented pro bono by public attorneys. The profile of poverty among road accident victims means that they would be unable to prove substantial damages if the case goes to court trial. Poverty also puts extreme pressure on the victims??? heirs to accept a small amount of compromise settlement. In contrast, if the pedestrian is seriously injured but survives, the vehicle owner and driver will end up paying substantial medical and rehabilitation expenses. Thus, the grisly belief is that the vehicle owner and driver will be paying less if the pedestrian ends up dead rather than survives with severe injuries. Even the threat of criminal prosecution for the pedestrian's death does not create fear. The crime committed by reckless drivers (reckless imprudence resulting in homicide) will lead only to a prison sentence of less than 6 years. Under the law, a 1st-time offender sentenced to less than 6 years of imprisonment can be granted probation. A granted probation means that the convicted driver will not go to prison but will merely report monthly to a government official to show good behavior. In 2014, Sen. Miriam Defensor Santiago filed a bill seeking to increase death indemnity to P500,000, noting that it has become "cheaper to kill than to injure." But Congress has shown no interest in increasing the price of life. In all these years, what Congress has shown instead is a hyperactive interest in changing the names of streets, schools and buildings. In this hobby of changing names, Congress has spent public funds in the hundreds of millions of pesos - public funds that can be computed and measured in terms of human lives. (source: Opinion, Joel Rutuyan, Philippine Daily Inquirer) BANGLADESH: Mobarak appeal comes next for SC hearing The Supreme Court is now set to hear and settle the appeal of convicted war criminal Mobarak Hossain. The defence and the state counsels, however, could not say specifically when the apex court would start hearing the appeal. Earlier, the SC completed the proceedings of the appeal of war criminal Mir Quasem Ali and upheld the Jamaat-e-Islami leader's death penalty on March 8. On November 24, 2014, the International Crimes Tribunal-1 sentenced Mobarak, a former Awami League leader from Brahmanbaria, to death for abducting and killing 33 people of Tanmandayl village in his district during the Liberation War. The tribunal also sentenced Mobarak to life imprisonment for another war crime and acquitted him of 3 other charges. On December 18, 2014, Mobarak filed an appeal through his lawyers with the apex court, challenging the ICT-1 verdict. In an 82-page appeal, Mobarak sought acquittal of the two charges, in which he was found guilty and convicted. He also annexed documents of 780 pages along with the appeal. The former AL leader also mentioned 77 grounds, for which, according to him, the court should consider acquitting him. A defence lawyer, Tajul Islam, told The Daily Star on March 11 that neither the defence nor the state counsels submitted concise statements to the SC on the appeal. A concise statement contains the points on which the counsels place arguments on an appeal before the SC. The Appellate Division may include the appeal of Mobarak in its cause list any day and ask the counsels for submitting their concise statements to it for starting the hearing. Attorney General Mahbubey Alam told this correspondent on March 11 that his office would take necessary steps after the appeal of Mobarak was placed on the cause list. Apart from Mobarak, other appellants in war crimes cases are Jamaat Assistant Secretary General ATM Azharul Islam and Senior Nayebe Amir Maulana Abdus Subhan and former state minister Syed Mohammad Qaisar. 2 international crimes tribunals have convicted and sentenced them to death for committing crimes against humanity during the war in 1971. Besides, the government filed an appeal with the SC, seeking death penalty for former Jatiya Party lawmaker Abdul Jabbar, who is on the run. The ICT-1 on February 24 last year sentenced Jabbar to imprisonment until death in absentia for crimes against humanity. The SC has so far disposed of the appeals of seven war criminals. Four of them have been executed. They are Jamaat leaders Abdul Quader Mollah, Muhammad Kamaruzzaman and Ali Ahsan Mohammad Mojaheed and BNP leader Salauddin Quader Chowdhury. The SC on January 6 this year upheld the death penalty for Jamaat chief Motiur Rahman Nizami for his war crimes. The apex court has yet to release the full text of its judgement on Nizami. Another war criminal and Jamaat leader Delawar Hossain Sayedee has been behind bars as the SC commuted his death sentence to jail until death. The ICT-1 had earlier sentenced Sayedee to death for his crimes against humanity. (source: The Daily Star) ********** To kill the killers ---- Can we justify the morality behind capital punishment? Recently the Supreme Court, the highest judiciary body of Bangladesh, decided to uphold the death sentence to former Al-Badr commander Mir Quasem Ali. While the attorney general reiterated that justice was served, I decided to ask few of my friends about their opinions on this matter. Some of them, being educated in the West -- self-proclaimed liberals -- criticised me for expecting the highest punishment permitted by our legal system even for war criminals. I failed to understand this liberal philosophy. Since when did we stop sympathising for the victims and start caring about the criminals? When has this question "do you support capital punishment" become our ultimate test of morality? It would be cowardly of me if I keep my stance a secret so that I am not despised among liberal friends of mine. Most of the people who object to capital punishment do so because they believe the punishment itself is morally reprehensible. The common moral objection I hear is that, wouldn't we as a state, descend to the criminal's level if we allow death penalty for murderers? Absolutely not. The state is not punishing an innocent person, but rather, providing fair justice to the families who have lost their loved ones by punishing the criminal. Some of them would want to see the state's right to sentence the death penalty repealed, even for the gravest crime. In fact, Article-6 of the ICCPR (International Covenant on Civil and Political Rights) preserves the state's right to use the death penalty in the cases of the most serious crimes. Although more countries are moving towards abolishing capital punishment, the world's 2 largest democracies (the US and India) still retain the capital punishment, and almost 2/3 of the world's population still lives in places (top four populous countries: China, India, the US, and Indonesia) where capital punishment is permitted. But is it immoral to ask for the death penalty even for the worst crimes? What I would try to do is to examine the morality of the punishment through Bentham's utilitarian principle and Immanuel Kant's categorical moral reasoning, and let readers make an informed argument about the issue. According to Jeremy Bentham, the father of modern utilitarianism, the action that maximises utility is the best moral action: "It is the greatest happiness of the greatest number that is the measure of right and wrong." A Benthamite would support capital punishment, only when the benefits to the society outweigh the suffering of the person who committed the crime. One obvious benefit would be that the death penalty will prevent future murders due to its deterrent effects. There are several studies which show that the death penalty actually reduces homicides. Why would we not want to execute murderers if it protects fellow innocent citizens from being killed in the future? As Ernest Van Den Haag, professor of jurisprudence at Fordham University, puts it: "Common sense, lately bolstered by statistics, tells us that the death penalty will deter murder. People fear nothing more than death. Therefore, nothing will deter a criminal more than the fear of death and life in prison is less feared. Murderers clearly prefer it to execution -- otherwise, they would not try to be sentenced to life in prison instead of a death sentence. Therefore, a life sentence must be less deterrent than a death sentence. And we must execute murderers as long as it is merely possible that their execution protects citizens from future murder." Immanuel Kant, often regarded as the most influential scholar of modern philosophy, rejects the utilitarian logic of punishing criminals for 2 reasons: First, he believes it treats criminals as a tool to achieve others' good; Kant's categorical reasoning prohibits this. Second, the utilitarian theory could justify punishing an innocent person to promote general welfare. In The Metaphysics of Morals, Kant absolutely insists on capital punishment for murderers. According to Kant: "Whoever has committed murder, must die, because no matter how difficult life might be, it is still better than death." Kant goes even further by arguing that if a state does not sentence a murderer to death, eventually it becomes an accomplice to the crime. (source: Op Ed, Rasheek Irtisam -- dhakatribune.com) INDIA: Indian student hacked to death for intercaste marriage----Woman's relatives were angered by the couple's marriage, says police commissioner. An Indian student from the lowest Dalit caste was hacked to death and his wife critically injured in southern India in a suspected "honour killing" by relatives angered by their marriage, police said Monday. 3 men armed with sickles and sharp weapons attacked the 22-year-old student and his wife, who is from a higher caste, on a crowded street in Tamil Nadu state on Sunday. Local police commissioner N Manjunatha said the 19-year-old woman's relatives were angered by the couple's marriage. "They married some 8 months ago and the woman's family was unhappy. She is an upper Thevar Hindu caste and the man was a Dalit," Manjunatha told AFP. The woman is recovering at a local hospital and police are searching for her uncle in connection with the attack, he said. CCTV footage of the incident broadcast on Indian television showed the couple walking along the street when 3 men on a motorbike stop and attack them. Thevars are a dominant community in Tamil Nadu while Dalits, formerly known as untouchables, are a historically marginalised community. India has long witnessed so-called honour killings, where couples are targeted because their families or communities disapprove of their relationships over caste or religion. Most occur in rural pockets of the north. They are carried out by relatives or caste groups to protect what is seen as the family's reputation and pride. There are no India-specific figures available, but United Nations statistics say 1,000 out of the 5,000 such killings every year are in India. India's Supreme Court ruled in 2011 that those involved in honour killings should face the death penalty. (source: Agence France-Presse) From rhalperi at smu.edu Mon Mar 14 16:50:55 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 14 Mar 2016 16:50:55 -0500 Subject: [Deathpenalty] death penalty news----S.C., NEV., USA Message-ID: March 14 SOUTH CAROLINA: Accused Emanuel AME shooter, his friend to appear in federal court next month Dylann Roof, the 21-year-old man accused of killing nine people in a Charleston church, and his friend who investigators say knew of the planned attack will appear in federal court next month. District Judge Richard M. Gergel scheduled a bar meeting for 10 a.m. on April 5 at the courthouse in downtown Charleston. Gergel issued the schedule on Monday morning, and currently neither Roof nor Joey Meek have filed motions to not be present at the hearing. While state prosecutors have said they are seeking the death penalty for Roof, who is accused of killing parishioners of Emanuel AME Church during a Bible study, federal prosecutors are still waiting on a Department of Justice panel to decide if the federal government will also seek the death penalty for nearly 3 dozen hate crime charges in connection to the shooting. Currently, Roof's state trial is set to begin on July 11. The scheduled bar meeting comes roughly nine months after the June 17 shooting. Federal prosecutors said in previous hearings they thought the justice department would render a decision on the death penalty in that time. It's not clear from the filing what attorneys and Gergel will discuss on April 5, or if the hearing was requested by federal prosecutors. The decision from the DOJ panel is a big part of the delay in scheduling Roof's federal trial. Roof's attorneys said their client was prepared to plead guilty if the death penalty was not a possible sentence. There are also delays in Meek's trial as his attorneys go through discovery in the misprision of a felony case being built against him. Investigators say Meek lied to them and did not alert police after learning of Roof's plan. Meanwhile, jury questionnaires are spreading across the state for the 2 men. Earlier this month, attorneys in the Meek case were supposed to start sorting through the jury surveys to whittle down the pool before selection begins ahead of the trial. In Roof's case, approximately 600 jury surveys are going to residents across the state. There could be a court hearing for attorneys to cut down on the number of potential jurors days before the 1st anniversary of the shooting. Final jury selection will take 3 days starting on June 28. (soruce: ABC news) NEVADA: Woman wants to withdraw plea in girl's death, slashing blackjack dealer A Las Vegas woman was appointed a new lawyer Monday in her attempt to withdraw a guilty plea in the killing of a 10-year-old girl and slashing of a Bellagio blackjack dealer. Earlier this year, Brenda Stokes Wilson, 53, agreed to a sentence of life in prison without the possibility of parole on a count of 1st-degree murder. But now she says she's "innocent of the crimes charged and seek my day in court in order to prove my innocence." Pulling back on the deal with prosecutors means Wilson could face the death penalty if she goes to trial. The agreement was "entered improperly, without advice of counsel and without understanding of the nature of the charge the, effect of the plea or of his her (sic) rights," Wilson wrote in a handwritten motion filed last month. She added that she was "in a state of shock" when her plea was entered. District Judge Kathleen Delaney appointed defense lawyer Christopher Oram to further represent Wilson in the case. Jade Morris's body was found in late December 2012 in a desert area of an undeveloped North Las Vegas neighborhood near Deer Springs Way and North Fifth Street by a person walking a dog. A little more than 4 feet tall and weighing 102 pounds, Jade suffered 40 sharp-force wounds across her body from a large knife, according to a medical examiner. Some of her injuries - the most serious on her head, chest and abdomen - were so severe that she was likely unconscious within minutes. Wilson had picked up the girl from Reeve's home at 4:50 p.m. on Dec. 21, 2012, saying they were going Christmas shopping. Stokes was engaged to Jade's father, Philip Morris, and had a close relationship with the girl for several years. Authorities have said that the same night Wilson kidnapped the girl, authorities say, she approached a Bellagio blackjack table and began slashing the face of a dealer, 44-year-old Joyce Rhone. Wilson mistakenly believed Rhone had started dating Jade's father. (source: Las Vegas Review-Journal) USA: Hillary Clinton's struggles with the death penalty date back to her Senate days Hillary Clinton has had a long time to think about the death penalty, going back to her her days as a criminal law professor in the 1970s. But public and private comments she's made over the years suggest she's never quite fully come to terms with whether to support it. Clinton's comments in a CNN town hall Sunday are some of her most definitive yet about where the Democratic presidential front-runner stands on this quintessential issue. On Sunday, Ricky Jackson of Ohio, a former death-row inmate who was exonerated after 39 years for a crime he didn't commit, asked her how she can support the death penalty when it threatens the lives of innocent people like him. Clinton replied it's "a profoundly difficult question." She said she's skeptical of the states' abilities to dole out the death penalty fairly, but she explained she can't rule the death penalty out entirely for specific cases at the federal level -- like the Oklahoma City bombing. She went on: Where I end up is this: Given the challenges we face from terrorist activities primarily in our country that end up under federal jurisdiction, for very limited purposes, I think it can still be held in reserve for those. ... But a very limited use of it in cases where there has been horrific mass killings. That's really the exception that I still am struggling with. And that would only be in the federal system. Her comments come as the nation is trying to retool the way it approaches criminal justice reform after a tough-on-crime era under Clinton's husband in the 1990s led to high incarceration rates with racial disparities. Many prominent liberals, including Clinton's opponent, Sen. Bernie Sanders (I-Vt.), wants to abolish the death penalty, and conservative-leaning states like Nebraska and Utah are even considering or have considered getting rid of it. Through it all, Clinton has said relatively little about her nuanced position, which appears to have evolved over the years along with the nation's -- some would say subtly, others would argue more dramatically. We would argue her position on the death penalty has been much more consistent over the years than her position on trade. But because she's said so little on it, it's even harder to suss out just how much (or how little) her positions on the death penalty have changed. Here's a brief history of Clinton's relationship to the death penalty, put together in part thanks to a thorough review of her entire history on criminal justice via The Marshall Project: While her husband was in office, she "agonized" over his positions Bill Clinton's desire to appear tough on crime -- since the days he lost reelection as governor of Arkansas after being attacked as too soft -- seems to have guided his wife's public positions on the death penalty, at least while he was in office. When Clinton was a professor of criminal law in the 1970s, she headed a legal aid clinic at the University of Arkansas. There, her team helped save the life of a mentally impaired black man sentenced to death by an all-white jury. But Clinton left her name off the amicus brief her team filed to save the life of Henry Giles. The Marshall Project notes her husband was running for attorney general in Arkansas at the time. While her husband was president, she lobbied for 2 tough-on-crime bills he signed that, among other things, expanded the kinds of federal crimes eligible for the death penalty and placed time limits on death penalty appeals. But there's evidence to suggest she was conflicted with her husband's stance. In a 2007 book "God and Hillary Clinton: A Spiritual Life," Clinton's spiritual mentor tells author Paul Kengor she "agonized" over her husband's support for the death penalty. In the Senate, she was an "unenthusiastic" supporter of the death penalty When Clinton had the opportunity to comment as a politician in her own right on the death penalty, she caused a stir on the left. In her 2000 Senate race, Clinton said the death penalty had her "unenthusiastic support" (supporting the death penalty was officially part of the Democratic Party's platform until 2004). Washington Post columnist Richard Cohen said at the time that Clinton didn't "have the guts to oppose capital punishment." Writing in the New York Observer, journalist and author Ron Rosenbaum called her Senate campaign " a disaster" for liberalism, citing in part her support for the death penalty and accusing Clinton of pandering to voters. The New York Observer's editorial board said she supported a "barbaric solution." Despite the drama, when Clinton got to the Senate, she largely stayed out of the debate on criminal justice. The Marshall Project reports she signed onto a handful of mostly failed bills to reform criminal justice. One of those specifically mentioning the death penalty was the Innocence Protection Act, which aimed to reduce the chance a person gets wrongfully sentenced to death in part by expanding and helping pay for DNA testing for people sentenced to the death. It took a few years, but President George W. Bush signed it into law in 2004. On the presidential trail, she eases into her current position More years went by without Clinton explicitly addressing how she feels about the death penalty. In her first run for president in 2008, when she was still a senator, she called for "a thorough review of all the penalties" for the 1994 crime bill she supported and her husband signed into law. News stories from the 2008 campaign describe her as a "firm" or "staunch" supporter of the death penalty. But she appeared to soften her stance during her 3nd bid for the White House. In an October event in New Hampshire, she responded to a question about her position and had this to say, via MSNBC: We have a lot of evidence now that the death penalty has been too frequently applied, and too often in a discriminatory way. I do not favor abolishing it, however, because I do think there are certain egregious cases that still deserve the consideration of the death penalty. But I'd like to see those be very limited and rare, as opposed to what we've seen in most states. She expand on her view-- that the death penalty should be reigned in but not abolished entirely -- Sunday. But really, Clinton has said so little on the death penalty over the years, it's difficult to gauge just how drastically (or not) her position has changed. As evidenced by her use of words like "struggled" when she does talk about it, it seems whatever conclusions she's come to have not been easy for her. (source: Amber Phillips, Washington Post) *************** What Hillary Clinton Is Missing About The Federal Death Penalty----Clinton supports a federal death penalty for terrorism, but it's almost never used that way. Hillary Clinton is defending the use of the death penalty at the federal level, even as she criticized the capital punishment system at the state level. The Democratic presidential candidate during a Sunday night town hall at Ohio State University said that while states have "proven themselves incapable of carrying out fair trials," a federal death penalty should remain in place for extreme cases. Clinton said that "given the choices we face from terrorist activities primarily in our country that end up under federal jurisdiction, for very limited purposes, I think it can still be held in reserve for those." Though Clinton backs a federal death penalty as a way of dealing with convicted terrorists, the numbers show that it's rarely used that way. "[Clinton] made it seem, in her comments, as though the federal death row was filled with terrorists. In fact, out the 62 people, 1 of them is a terrorist," said David Menschel, a criminal defense attorney and criminal justice reform advocate. Boston Marathon bomber Dzhokhar Tsarnaev is the lone inmate on federal death row for a terrorism conviction. The rest of federal death row is filled with inmates convicted of the same crimes as those in the state systems, but whose crimes are distinguished by a federal tie-in that ranges from killing a state police officer to burying a murder victim's body on federally owned land. "The people on federal death row are mostly indistinguishable from state death rows," Menschel said. "Boston Marathon Bomber Dzhokhar Tsarnaev is the lone inmate on federal death row for a terrorism conviction. Even in terrorism cases against the state, the death penalty is inconsistently applied. Menschel said many of the defendants convicted of terrorism offenses at the federal level get life sentences rather than the death penalty -- including Ramzi Ahmed Yousef, who was convicted of the 1993 World Trade Center bombing that killed 6 and injured more than 1000 people. In 2010, then-Attorney General Eric Holder, put the number of international and domestic terrorists in Bureau of Prison custody at more than 300. Since the 1920s, the federal government has executed 37 people, according to the Death Penalty Information Center -- largely for murder, robbery and kidnapping. Oklahoma City bomber Timothy McVeigh is the only federal prisoner since the 1950s to be executed after a terrorism conviction. McVeigh abandoned his appeals and was put to death just four years after his conviction. In the presidential race, Clinton is the only candidate to have a stance only partially approving or disapproving of the death penalty. Her rival for the Democratic nomination, Sen. Bernie Sanders (I-Vt.), opposes the death penalty outright, while the four remaining Republican candidates all support the death penalty at the state and federal levels. Menschel, who opposes the death penalty, said the stance gives Clinton room to pivot toward a more "tough on crime" stance in coming months, if need be. Criminal Justice Legal Foundation legal director Kent Scheidegger, who supports the death penalty, agrees. "She's straddling the fence, and it's a barb-wired fence. I don't think she wants to come out full-bore for [the death penalty] in the primaries and doesn't want to come out full-bore against it in the general election," Scheidegger said. Scheidegger noted that while he believes the death penalty is needed at the state level to both punish and deter, he's unsure of its value as a deterrent in terrorism cases -- "unless maybe for accomplices." The former Secretary of State made her remarks in response to a question from Ricky Jackson, a man exonerated from death row after 39 years. Jackson told Clinton that he came "perilously close to my own execution" despite being innocent. (source: Kim Bellware, Huffington Post) From rhalperi at smu.edu Mon Mar 14 16:51:40 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 14 Mar 2016 16:51:40 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 14 PAKISTAN: SC maintains death penalty of 5 murderers from Gujrat The Supreme Court on Monday maintained death penalty of Ashraf Baho, who was involved in the killing of 5 people at Shaheen Chock Gujrat, while changing the death penalty of Nasar into life in prison. A 5-member bench of the SC headed by Chief Justice Anwar Zaheer Jamali resumed hearing of the case in which it was informed by the prosecutor that 2 proclaimed offenders have not been arrested so far. The apex court expressed annoyance over inapprehension of proclaimed offenders Tahir and Imran Baloki. It directed DPO Gujrat to arrest and present the offenders before the court within a week. Justice Ameer Hani Muslim in satirically thanked the police department for arresting culprits in instalments. He remarked that 2 proclaimed offenders were not arrested despite passage of 16 years, adding that society would benefit if police performed its duty efficiently. (source: Pakistan Today) IRAN: UN Expert Expresses Concerns Over Juvenile Death Penalty In Iran A United Nations rapporteur has raised concerns about the extremely high rate of executions, especially for juvenile offenders, in Iran. Ahmed Shaheed, who presented his report to the UN Human Rights Council on March 14, said that "with at least 16 juvenile offenders reportedly hanged in 2014-15, Iran remains one of a few countries still resorting to this practice despite a strict prohibition against it under international law." Shaheed also noted reports that individuals accused of national security and drug-related crimes in Iran are often deprived of the most basic due-process and fair-trial rights. Shaheed acknowledged Iran's efforts to engage with his mandate and cooperate with UN human rights bodies, and called on the international community to continue supporting Tehran in realizing its human rights obligations. Shaheed has not been allowed to visit Iran as part of his mandate, now in its 5th year. (source: Radio Free Europe/Radio Liberty) GREAT BRITAIN: Cameron Urged to Save Saudi Juveniles Facing Execution David Cameron has been urged to intervene with Saudi Arabia to prevent the execution of 3 Saudi juveniles, after reports suggested their sentences may soon be carried out. Last week, a government-affiliated Saudi news website reported that the authorities are planning to 'complete' a mass execution of 47 prisoners in January, by executing 4 more prisoners convicted in the country's Specialized Criminal Court (SCC). The reports raised fears that the juveniles - Ali al-Nimr, Dawood al-Marhoon and Abdullah al-Zaher - would be among those executed. All three juveniles had their sentences upheld last year, following secretive SCC proceedings which relied on 'confessions' they signed following torture. Human rights organization Reprieve has written to David Cameron, asking him to intervene with the Saudi government and request that the authorities commute the sentences. Last year, UK Foreign Secretary Philip Hammond said that, having raised Ali al-Nimr's case with Saudi Arabia, he "did not expect" the execution to go ahead. However, subsequent comments by Mr Hammond regarding January's mass execution - that those killed had been 'terrorists' - raised concerns about the UK's approach. Reprieve has established that the 47 prisoners who were executed included political protestors, and at least 4 juveniles. Reports of the latest impending executions came as the juveniles' families voiced their fears. Speaking to Vice News, Abdullah's father, Hassan al-Zaher, said: "We have been living a nightmare ever since Abdullah was arrested." He added: "Please help me to save my son from the imminent threat of death - he doesn't deserve to die just because he attended a protest." Research by Reprieve last year found that, of those that could be identified as facing execution in Saudi Arabia, some 72 % were convicted of non-violent crimes, including drug offences and political protest. Torture and forced 'confessions' were also reported to be common. Commenting, Maya Foa, head of the death penalty team at Reprieve, said: "Though Philip Hammond and David Cameron claim to have received assurances from the Saudi government that these juveniles will not be put to death, the executions of Ali, Dawood, and Abdullah once again appear imminent. It is too late to save the peaceful protestors and juveniles killed in January's mass execution - but David Cameron can still act to ensure that the UK does not allow more children, convicted on sham terrorism charges, to be executed in Saudi Arabia." (source: Reprieve is a UK-based human rights organization that uses the law to enforce the human rights of prisoners, from death row to Guantanamo Bay---- commondreams.org) INDIA: Sacrilege cases: Damdami Taksal for death penalty Damdami Taksal, a prominent seminary of Sikhs, has sought death penalty or minimum of life imprisonment for the persons found involved in incidents of blasphemy. Expressing deep concern over recent 2 incidents of desecration of Guru Granth Sahib, Taksal chief Baba Harnam Singh Khalsa opined that time had come when government needed to take some serious steps to prevent such incidents in the future. Harnam Singh said legislators should bring a Bill in the current session of Punjab assembly advocating capital punishment and if not, minimum of life imprisonment to the persons who disgrace the holy book of Sikhs. (source: The Times of India) BANGLADESH: Bangladesh ministers tender apology over CJ criticism A senior Bangladeshi cabinet minister today offered an "unconditional apology" a week after the Supreme Court ordered him to personally appear along with another minister to explain their "contemptuous comments" against the Chief Justice over the 1971 war crimes trial. "My client has sought the court's mercy for his comments as he respects the top court, chief justice and all other justices," food minister Qamrul Islam's counsel Syed Mamun Mahbub said. The minister's apology came a day ahead of his scheduled appearance in the dock along with liberation war affairs minister A K M Mozammel Haque, summoned by the full bench of the apex court headed by Chief Justice Surendra Kumar Sinha. But his counsel said he submitted before the court Islam's apology in writing which also sought rescheduling of the date for his appearance as he currently was outside the country on an official tour to Malaysia. "He will certainly be present if the court fixes a date after March 16 for appearing before it (on his return home)," Mahbub said as Haque's counsel also informed the court that he too would submit a similar plea soon. The apex court in an unprecedented move on March 8 had summoned the two senior ministers to clarify their "contemptuous comments" for criticising chief justice Sinha over the appeal hearing of Jamaat-e-Islami leader and 1971 war crimes convict Mir Qashem. Speaking at a discussion on March 5, Islam had called for a new bench that he said should exclude Chief Justice Sinha to hear Qashem's appeal. Sinha's displeasure at the work of International Crimes Tribunal's investigators and prosecutors in the war crimes cases, including Qashem's, had been seen by Islam as a 'broad hint' that the accused's death penalty may not be upheld, bdnews24.Com reported. Islam had alleged that the chief justice openly spoke in the language of fundamentalist Jamaat-e-Islami by questioning the quality of the war crimes investigation. Haque supplemented him at the same function saying the chief justice should not be a part of the appeal hearing process against Qashem but their comments sparked an uproar in political and judicial arenas. "Their (2 ministers) comments undermined the dignity and prestige of the Supreme Court and the chief justice's office and their unholy and contemptuous comments stunned the judges of the top court," Sinha said while passing the order summoning the 2. Prime Minister Sheikh Hasina also today snubbed the 2 ministers for "embarrassing" the government by their remarks saying the government did not agree with their "private comments". (source: Press Trust of India) From rhalperi at smu.edu Tue Mar 15 13:40:34 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 15 Mar 2016 13:40:34 -0500 Subject: [Deathpenalty] death penalty news----N.C., FLA., ALA., MO., NEV., CALIF., USA Message-ID: March 15 NORTH CAROLINA: Friends, admirers remembering and honoring Darryl Hunt People all over North Carolina and, indeed, all over the world have been issuing statements of remembrance and appreciation for Darryl Hunt during the last 48 hours since Hunt, a gentle soul who crusaded for justice in our criminal system after having been denied it himself for almost 20 years, died this past weekend. Here's the Rev. William Barber of the North Carolina NAACP: "Darryl was a wounded healer in the greatest sense. I can remember him often saying that he has forgiven those who put him in jail when they knew he was innocent, but he has not forgotten. For Darryl, it was a spiritual matter. He would say that he did not know how to ask others or God for forgiveness if he was not willing to forgive those who imprisoned him. He was not going to let them imprison him again with bitterness. And neither would he let them keep him from fighting for justice. Darryl traveled the nation and the world with his witness that injustice does not have the last word. For a generation of activists, Darryl was hope incarnate. Justice was his calling. Courage and love was his answer. We pledge to you brother Darryl, that your spirit lives on in each of us. Those you touched will touch others and others as we keep our hands on the freedom plow. Let it be so." And here's Allen Johnson of Darryl's hometown newspaper, the Winston-Salem Journal expressing amazement at the peace and grace Hunt displayed after seeing Hunt speak at North Carolina A&T: "Hunt simply talked about what he had lived: the wrongful rape-and-murder conviction that put him behind bars for 19 years and could have cost him his life; his work to help free others who are wrongfully imprisoned; and his utter lack of bitterness about all that had been done to him in the name of the law. Not toward a system that had sent him to prison in 1985 based on flimsy evidence and a flawed investigation. Not toward the prosecutor in the case, whom he would see often during walks in downtown Winston-Salem. Not toward people who still believed he had stabbed and raped Winston-Salem Sentinel copy editor Deborah Sykes in 1984, even after his innocence was proven in 2004. And not toward the man who actually had committed the crime and confessed to it after DNA evidence had exonerated Hunt." And here's Barry Saunders writing in Raleigh's News & Observer on a similar note: "Do you want to know what kind of spirit this cat had? The Rev. Carlton Eversley, Hunt's friend and chairman of the Darryl Hunt Project, told me that the day Hunt got out of prison the first thing he said was, 'There are other Darryl Hunts in there.' Odds are that not all of them will be as forgiving as Darryl if and when they get out because he was, as the Rev. Eversley said, 'a remarkable human being.' Ricki Stern, co-director of the award-winning documentary 'The Trials of Darryl Hunt,' also marveled at his spirit. 'We spent a lot of time with him when he was released,' she told me Monday. 'He was a quiet, thoughtful person who, right when he was released from prison, was concerned about doing something for others. He really was an amazing guy ... a kind, gentle person.'" And yesterday, the ACLU of North Carolina, which had been planning to honor Hunt on April 2 for his work against the death penalty, issued this statement: "Darryl Hunt, who became a crusader for criminal justice reform after serving 19 years in prison for a crime he did not commit, passed away in Winston-Salem this weekend. We are deeply saddened by this loss and send our thoughts and condolences to Darryl's family, friends and others whose lives he touched deeply. A tireless advocate for reforming our nation's broken criminal justice system through his nonprofit organization, the Darryl Hunt Project for Freedom and Justice, Darryl was named the recipient of this year's Paul Green Award, to be presented at our 2016 Liberty Awards, for his work to end the death penalty and educate the public about its injustice. Please join us on Saturday, April 2, in Chapel Hill as we honor Darryl's legacy and present his award posthumously, as well as celebrate the work of other civil liberties heroes. 2016 Liberty Awards Dinner: Protecting Democracy Keynote Speaker: Dale Ho, ACLU Voting Rights Project Director Saturday, April 2 at 5 p.m. William and Ida Friday Center 100 Friday Center Drive, Chapel Hill, NC" (source: ncpolicywatch.org) *********** Darryl Hunt's remarkable presence will be missed The one time I talked with Darryl Hunt in person, he was walking down Fayetteville Street in Raleigh with his attorney. I gingerly approached him, because "gingerly" is the only way to approach someone who's done 6,935 days in prison and narrowly missed taking the dirt nap for something he didn't do. You definitely don't want to run up on somebody just awakening from that nightmare. "Dude," I said, and began introducing myself. He smiled and said "Aw man, I know who you are. We used to read you in the joint all the time." He said he was a fan. Now, some of you may find it remarkable that I met a fan. The most remarkable thing to me about my brief encounter with Hunt, though, is that he could smile so often. Even when he wasn't smiling, he exuded a peacefulness that defied my understanding, because if the law had done to me what it did to him - convicted him twice for a murder he didn't commit - you don't even want to know what kind of hell I'd have sought to unleash when I got out. You, too? I thought so. Hunt spent 10 of those years behind bars even after DNA proved he was innocent, because the state and the Supreme Court then ruled that - uh, well, uh - he had an accomplice. Yeah, that's it: an accomplice. Oy. Stephen Dear, executive director of People of Faith Against the Death Penalty, said in an N&O story after Hunt's death, "I think everyone who saw Darryl speak was deeply moved by the resilience and kindness and gentleness with which he spoke." Dear got that right, because when I left Hunt that day, I was in awe. I saw him a few times after that, but never approached lest I become a nuisance. I wish now that I'd at least thanked and praised him for the dignity he displayed, for the gentleness he emitted. Even more than that, I should've apologized for what the state of North Carolina did to him in our name. No one will get the chance to apologize now. Hunt was found dead Sunday, his body slumped in a truck near Wake Forest University. It was just last week that I reached out to Ronald Cotton, the Burlington man who was falsely convicted of rape and did 10 years. After attending a speech by Jennifer Thompson Cannino, the woman whose eyewitness certitude that Cotton was her rapist resulted in him losing a decade of his life, I wanted to talk to Cotton. After DNA proved his innocence, Thompson-Cannino and he became friends and even went on a tour of sorts, talking about the case and the unreliability of eyewitness testimony. The Innocence Project, which helped set Cotton free after he had used up all of his appeals, promised to pass along my message to Cotton but cautioned that I shouldn't expect to hear back from him. Seems Ronald Cotton doesn't like to talk about what he's been through, I was told. The Rev. Carlton Eversley, Darryl Hunt's friend and chairman of the Darryl Hunt Project, told me that the day Hunt got out of prison the 1st thing he said was, "There are other Darryl Hunts in there." That is understandable, way more understandable than Hunt's fervor in speaking out against the death penalty and that beatific smile. Do you want to know what kind of spirit this cat had? Odds are that not all of them will be as forgiving as Darryl if and when they get out because he was, as the Rev. Eversley said, "a remarkable human being." Ricki Stern, co-director of the award-winning documentary "The Trials of Darryl Hunt," also marveled at his spirit. "We spent a lot of time with him when he was released," she told me Monday. "He was a quiet, thoughtful person who, right when he was released from prison, was concerned about doing something for others. He really was an amazing guy ... a kind, gentle person." Despite my myriad run-ins with the law, the longest I've ever been locked up at one time for something I didn't do was 3 days. That was too long, and I emerged bitter and angry. Now, try to imagine doing nearly 20 years, 10 of them after they knew you were innocent. If what happened to him had happened to me, I'm not sure I wouldn't have become homicidal. In the fictional movie "The Shawshank Redemption," the narrator tells how wrongly convicted Andy Dufresne, who also did 20 years in prison, escaped: He "crawled through a river of [crap] and came out clean on the other side." Darryl Hunt walked through the same kind of river and came out clean. Eversley, pastor of Dellabrook Presbyerian Church in Winston Salem, said Hunt "emerged from prison a man of grace and forgiveness with a remarkable lack of anger and bitterness. That was a remarkable spiritual achievement. ... He converted to Islam in prison, but I told him he had more Jesus in him than a lot of Christians. "If what happened to him had happened to me," the Rev. Eversley said, "I'm not sure I wouldn't have become homicidal." Amen, Rev. Friends said Hunt had been struggling with a lot of challenges. His wife of 15 years and he had divorced and he was diagnosed with prostate cancer. Asked what he thinks caused Hunt's death, Eversley said, "We don't think anybody did anything to Darryl." Maybe not that night. (source: Barry Saunders, News & Observer) ****************** DA will seek death penalty in Clark murder The District Attorney's Office plans to seek the death penalty against Justin Nojan Sullivan, the man accused of killing his neighbor more than a year ago. Prosecutors announced the decision on Monday during a first appearance in the murder case against Sullivan, who is charged in the killing of John Bailey Clark in December 2014. A Burke County grand jury indicted Sullivan for murder in February. Sullivan also is accused by the federal government of helping the terrorist group ISIL. He was arrested by the FBI on June 19. A federal grand jury indicted Sullivan on Jan. 20 with attempting to provide material support to ISIL; receipt of a silencer in interstate commerce with intent to commit a felony; receipt and possession of an unregistered firearm; concealment and storage of a stolen firearm; use of interstate facilities in the attempted commission of a murder-for-hire; and 2 counts of making false statements to FBI agents. He has entered a plea of not guilty on the federal charges. Sullivan is being housed at the Buncombe County Detention Center in Asheville on the federal charges without bond. He is represented by Defense Attorney Victoria Jayne, who filed motions on Monday that all proceedings be recorded and that evidence be preserved, according to information District Attorney David Learner's office. Prosecutors did not object to either motion, the information said. The federal indictments say Sullivan stole a .22-calibur rifle from his father's gun cabinet and later used it to kill Clark. The federal government says forensic testing shows the rifle was used to murder Clark. Clark, who was 74 years old and lived at of 5576 Rose Carswell Road in Morganton, was found Dec. 18, 2014 buried in a shallow grave in his yard. He had been shot in the head 3 times with a small-caliber gun. Detectives found a trail of blood and drag marks coming out of Clark's home, and followed these into the victim's bedroom, according to court documents. In the bedroom they found what appeared to be more blood on the bed and wall. A trail outside the home, presumed to be blood droplets, led investigators to a shallow grave in the front yard. Continued investigation of the case led to 19-year-old Sullivan, who also lived on Rose Carswell Road with his parents, according to previous statements from prosecutors. According to the indictments, law enforcement interviewed Sullivan on separate occasions and Sullivan lied about the weapons he had in his possession and his involvement in Clark's murder. After initially lying to agents about having a rifle, an FBI search found muddy clothes, the .22-calibur rifle, a black ski mask and a lock pick kit hidden in the crawl space of his parent's home, along with the silencer. The indictment says Sullivan admitted on June 20, 2015 that he stole the rifle from the gun cabinet and hid it in the crawl space. When FBI agents arrested Sullivan, they found $689 on him, which he later admitted was Clark's, according to the federal indictments. Federal information has said Sullivan planned to buy an AR-15 rifle at a Hickory gun show but he was arrested before the gun show. On June 17, 2015 he attempted to buy hollow point bullets from a gun dealer to use with the rifle, the indictment said. The Burke County Sheriff's Office and the SBI continue to investigate the murder case with assistance from the FBI, according to the District Attorney's Office. (source: The News Herald) ************ Teen accused of supporting ISIS, killing neighbor faces death penalty A Morganton teenager accused of trying to help ISIS will face the death penalty in a separate murder case. Justin Sullivan, 19, is accused of killing his neighbor months before he expressed support for the terror group, authorities said. Sullivan was calm in court on Monday and answered every question from the judge without hesitation, even when she asked if he understood that the charge against him could cost him his life. Sullivan, charged with killing a man as practice for a large-scale terrorist attack, stood confidently when asked to rise and kept eye contact with the judge. Sullivan's father said his son masked his true feelings. "He's still scared, though," Rich Sullivan said. He doesn't see his son as an accused killer or an ISIS convert. "(I have) flashbacks of how he was and what he could have been," Rich Sullivan said. Rich Sullivan said Justin Sullivan now regrets his actions. He reported his son after discovering him acting strangely. Federal agents said Justin watched video of ISIS attacks, including beheadings. They said he planned to launch large-scale attacks and kill hundreds of people. He was even ready to kill his parents if they got in his way, agents said, but he wanted to practice killing first. Police said he used his father's rifle to kill his neighbor, Johnny Clark, 74, then buried Clark's body in Clark's back yard. "He was such a wonderful man," Clark's cousin, Gladys Clark, said. "He didn't hurt anyone." She said she's glad that the murder case is moving quickly, and she had a message for Justin Sullivan. "God have mercy on your soul," she said. Because this is a death penalty case, Justin Sullivan will get a 2nd attorney to help defend him on the charge of murder. He already has another attorney who was with him in court on Monday to represent him on federal charges. (source: WSOC TV news) FLORIDA: Lawyers seek to overturn death penalty in Jacksonville double murder Lawyers for a Jacksonville man on death row are asking the Florida Supreme Court to throw out his death-penalty sentence, arguing that it is not proportionate to the 2 murders for which he was convicted. Terrance Tyrone Phillips, 24, was convicted of killing Mateo H. Perez, 26, and Renaldo Antunez-Padilla, 30, as part of a 2009 Christmas Eve robbery that turned violent at their Jacksonville apartment. Phillips was 1 of 4 people convicted in the case, but the only one to get the death penalty. "I'd just submit this is not a death case," said attorney Martin McClain in arguments to the Florida Supreme Court last week. "He's not among the worst of the worst." It's not clear that Phillips was the actual shooter, and there's evidence to suggest he was not the one who planned the robbery or was the driving force behind the commission of the crime, McClain said. Phillips was 18 at the time of the shooting and is still one of the youngest people on death row, McClain said. He also noted the shooting occurred while Phillips was in a fight with Perez and Antunez-Padilla. Supreme Court justices appeared open to the argument last week during oral arguments, with Justice Barbara Pariente saying it was a "close case." "In this case it does not seem like the defendant was the ring leader," Pariente said. Perez, Antunez-Padilla and Aurelio Salgado were all roommates shopping in a convenience store when 2 women, Barbara Ann Anders, 24, and Shanise Bing, 23, approached the trio and gave them their phone number before leaving the store. Later the women agreed to meet the men back at their Lighthouse Bay Apartments unit and led the 3 men to believe they were prostitutes. But the 2 women, Phillips and Antonio Lorenzo Baker, 26, actually planned to rob the men, police said. McClain argued that the plan to rob the men was dreamed up by Anders and Bing, and Phillips shouldn't be viewed as the ringleader or dominant force. But when Phillips and Baker rushed into the room where the 3 men and 2 women were, the three men fought back. Police said Perez and Antunez-Padilla were shot and killed while Salgado was hit over the head with a beer bottle before being thrown out of the room. Police and prosecutors said it was Phillips who fired the fatal shots, but last week McClain told justices it may have been Baker because Salgado's description of who had the gun sounded more like Baker than Phillips. Anders said she saw the gun in Phillips' hand, but she was Baker's girlfriend and originally said Baker had the gun, so there's reason to doubt her story, McClain said. Pariente expressed some doubt, pointing out that the jury specifically found the murder was premeditated and that Phillips was the one who fired the gun. She also wondered if the fact that Phillips had been convicted of killing 2 people instead of 1 made death more justifiable. McClain countered that Phillips had no intention to kill when he entered that apartment, and the evidence of a premeditated murder was weak. Assistant Attorney General Berdene Beckles said Phillips was the only one with a gun, and no one else told him to bring a weapon. She also said Phillips pulled out the gun before the victims started to fight back. He also shot 1 person and then shot another, and that means there was premeditation and he had time to reflect, Beckles said. There is no evidence that Phillips couldn't get out of the apartment if he'd wanted too, but he chose to stay and kill 2 people, Beckles said. Phillips was convicted and jurors recommended death by an 8-4 vote before Circuit Judge Mark Hulsey sentenced him to death. Baker was convicted and sentenced to life in prison without parole. Prosecutors dropped the murder charges against Anders and Bing, and they pleaded guilty to lesser charges with Anders getting a year in prison and Bing getting 6 months. Both women testified against Phillips. Chief Justice Jorge Labarga expressed frustration at the light sentence for Anders and Bing, saying they appeared to have come up with the robbery plan. It's tough to justify death for Phillips when the 2 people who came up with the plan got such light sentences, Labarga said. Phillips was not at last week's oral argument. The Supreme Court usually takes 6 months to a year to issue rulings on death-penalty appeals after they hear oral arguments. (source: The Florida Times-Union) ALABAMA: Lawyers for Kevin Towles argue Alabama death penalty statute unconstitutional Lawyers for an Etowah County man convicted twice of beating a 5-year-old boy to death argued today in a hearing that Alabama's capital punishment sentencing scheme is unconstitutional. And though a circuit judge denied the motion, the hearing highlighted arguments currently going on in courtrooms throughout the state on the legality of the existing law. An Etowah County jury in December found Kevin Andre Towles guilty of capital murder in the 2006 beating death of 5-year-old Geontae Glass. He had previously been convicted in 2009 and was sentenced to die, but his verdict was overturned by the Alabama Supreme Court. Towles is scheduled to be sentenced at 10 a.m. Tuesday. His lawyers, Dani and Sam Bone, argued that Alabama's capital punishment statute is similar to Florida's, which was struck down recently by the U.S. Supreme Court. Florida and Alabama, along with Delaware, are the only 3 states that have judicial override - where judges can impose a death sentence over the wishes of juries that recommend life without parole sentences in capital murder cases. A number of defense attorneys around the state have filed similar motions to bar the death penalty on behalf of their clients since the U.S. Supreme Court ruling nearly 2 months ago. However, Towles' case is unique in that judicial override would benefit him. The same jury that convicted him voted unanimously to recommend the death penalty - a fact that both the defense and prosecutors mentioned during today's hearing. However, Circuit Judge David Kimberley asked several questions of Towles' lawyers, indicating in part his reasoning for denying the motion. Kimberley cited the Supreme Court's ruling in the Florida case that judges were able to make overriding decisions based on information and facts that juries did not hear. In Alabama, however, juries are given the responsibility of determining aggravating circumstances - whether a crime was particularly cruel or heinous. Kimberley said the Florida statute did not do so. And prosecutors pointed out that an appeal along similar lines was rejected by the U.S. Supreme Court in the case of Christopher Eugene Brooks. Brooks has been executed since the Florida decision. "The jury has to make the finding that makes anybody eligible for the death penalty," Kimberly said. "I can't sentence somebody to death unless the jury specifically finds aggravating circumstances." Earlier this month, Jefferson County Circuit Judge Tracie Todd barred the death penalty in the cases of 4 men charged in 3 murders. Then last week, Alabama Attorney General Luther Strange announced his office has filed a petition for a writ of mandamus asking the Alabama Court of Criminal Appeals to order Todd to vacate her March 3 order declaring Alabama's "capital sentencing scheme" to be facially unconstitutional. Towles was accused of beating Geontae to death over a weekend following a conduct report at a Rainbow City elementary school. Then Towles and the child's mother, Shalinda Glass, staged a kidnapping in order to dispose of the body. Shalinda told authorities Geontae had been asleep in the back seat of her car when the car was stolen from an Albertville service station. The boy was found later in the car, dead in the trunk, at another home owned by Towles. Authorities were able to discover the address when they found a utility bill bearing the address of the home when they conducted a search of another home Towles owned. (source: al.com) MISSOURI: Missouri judge denies Sheley's change of venue request----Motion requesting new judge also denied A convicted spree killer's requests to have his Jefferson County murder trial moved and judge changed were denied. Assistant Prosecutor Attorney Steven Jerrell successfully opposed Nicholas Sheley, 36, by shutting down several argumentative exhibits: that Jefferson County residents are prejudiced because of TV news video that aired in 2008; that residents are biased because of online news coverage; and that a jury cannot be selected because of several out-of-state newspaper articles. "We don't pick juries here from Iowa, Illinois or Wisconsin," Jerrell said in the argument submitted to Circuit Judge Nathan B. Stewart. In addition, the defense failed to establish a relationship between the news video, TV scripts, and the survey results produced by Thomas Beisecker, University of Kansas communications studies professor, the sole witness at a Jan. 25 hearing. He testified on Sheley's behalf that there is a "substantial amount" of prejudice. Sheley is accused of killing Tom and Jill Estes of Sherwood, Arkansas, after police say he attacked the couple outside a Festus, Missouri, hotel in 2008. Jerrell refuted the survey results of 307 Jefferson County residents. "There were quite a few problems with the reliability. ... Specifically whether or not the people surveyed were even qualified to be a juror," he wrote, noting it was a random telephone survey, and it could not be determined whether three people in the 18-24 age group were at least 21 (to be eligible for jury service). "It only takes 34 unbiased people in a jury pool for this case to pick 12 jurors and 2 alternates," he said. Of 307 people surveyed, 122 said they had not read, seen or heard anything about the murders; 5 were unsure. Jerrell also asked the judge to consider the age of the case itself. Because of continuances, "this case will be over 8 years old when finally tried. That means a 13-year-old in June 2008 could be a potential juror in June 2016." Prosecutors intend to seek the death penalty for Sheley, if convicted. Sheley was extradited in February 2015 from Illinois to Missouri. In May 2014, he was convicted of killing four people in Rock Falls - Brock Branson, 29; his fiancee Kilynna Blake, 20; her 2-year-old son Dayan; and Kenneth Ulve, 25. In November 2012, he was convicted in Whiteside County of bludgeoning 93-year-old Russel Reed in Sterling. In September 2011, Sheley was convicted in Knox County of killing 65-year-old Ronald Randall. His change-of-venue requests in those trials were denied. In April 2013, he won his 3rd request citing pretrial publicity, and his 2nd Whiteside County trial was moved to Rock Island County. All 6, and the Esteses, were killed between June 23 and 30, 2008. The change-of-venue ruling was made Feb. 22. Sheley's next hearing is June 15. (source: saukvalley.com) NEVADA: Ex-felon to challenge legality of Nevada state death penalty A 46-year-old ex-convict accused of fatally shooting his ex-girlfriend and wounding her mother more than 3 years ago wants to challenge the constitutionality of Nevada's death penalty. Robert Brown Jr.'s defense attorney, Andrea Luem, told a Clark County District Court judge on Tuesday that she's also preparing jury questionnaires ahead of Brown's capital murder trial, scheduled to begin Aug. 29. Brown is accused of killing 29-year-old Nichole Nick and wounding Nick's 58-year-old mother in December 2012 in a Las Vegas apartment. Police also reported finding a bullet hole in Nick's 3-year-old niece's bed, but the girl wasn't wounded. Brown has been jailed since his arrest in April 2014 in Los Angeles. He was convicted in 1998 in California of trying to kill his then-wife, and spent 7 years in prison. (source: Associated Press) CALIFORNIA: 2 Suspects To Face Trial In Death Of UCLA Student Found In Burned Westwood Apartment 2 young men were ordered Monday to stand trial for the stabbing death of a 21-year-old UCLA student whose body was discovered after a fire at her Westwood apartment last year. Los Angeles Superior Court Commissioner Mark Zuckman found sufficient evidence after a 3-day hearing to require Alberto Hinojosa Medina and Eric Marquez, both 22, to stand trial on a murder charge stemming from the Sept. 21 death of Andrea DelVesco, according to Deputy District Attorney Victor Avila. The 2 are also charged with 2 counts of 1st-degree burglary with a person present involving DelVesco's apartment and another apartment in the same block. Medina is facing a special circumstance allegation of murder during the commission of a burglary. Prosecutors will decide later whether to seek the death penalty against Medina, who faces an allegation that he personally used a knife in the commission of the crime. Medina is also charged with 1 felony count each of arson of an inhabited structure or property and cruelty to an animal involving DelVesco's Chihuahua-terrier mix, who was euthanized as a result of his injuries from the fire, according to the prosecutor. Defense attorneys unsuccessfully asked the court commissioner to dismiss the charges against their clients. Medina's attorney, Dmitry Gorin, said after the hearing that his client has denied being involved in the killing and that there is no direct evidence that Medina was in DelVesco's house at the time she was killed. Medina and Marquez - who were arrested in late September - remain jailed and are due back in court March 28 for arraignment at the Airport Courthouse in Los Angeles. DelVesco's body was found inside her apartment by firefighters. The 21-year-old Austin, Texas, woman - a member of the Pi Beta Phi - was entering her 4th year at UCLA studying psychology and Spanish. The 2 men were linked to DelVesco???s death through forensic evidence collected at the scene of the Sept. 21 fire in the 10900 block of Roebling Street, as well as witness statements, according to the Los Angeles Police Department. Medina was arrested in Fresno, and Marquez was taken into custody near his apartment in Westwood, according to police. At the time, Marquez was a 5th-year undergraduate student at UCLA, majoring in biology, according to UCLA. Medina was a Fresno State University student at the time, according to media reports. (source: CBS news) ************** Defense seeks to reopen death row case, alleging prosecutor lied about jailhouse informants Attorneys for convicted murderer William Payton are asking a federal judge to reopen his case, alleging that a former Orange County prosecutor lied about 2 jailhouse informants used in the trial. Payton is on California's death row for the 1980 stabbing death of a Garden Grove woman. He is the next Orange County inmate in line for execution. In a legal motion filed Friday, Payton's attorneys alleged then-Deputy District Attorney Mike Jacobs withheld background information about jailhouse informants who testified against Payton in 1982. When the conviction was appealed, Jacobs testified during a 1999 deposition that the informants were not "agents" of the government in this case. "The evidence is now clear that Michael Jacobs lied in his representations to the court that were used to defend Payton's conviction and sentence," federal Deputy Public Defender Margo Rocconi wrote. Jacobs denied any misconduct. "When I testified, I testified truthfully to the total extent of my knowledge at the time," he said Monday. A hearing before U.S. District Judge Manuel L. Real is set for May 16. Susan Kang Schroeder, chief of staff for the Orange County District Attorney's Office, said the eyewitness testimony and DNA evidence against Payton was "overwhelming." "Payton is running out of appellate options from death row, so it's no surprise that he wants to keep re-litigating," Schroeder said. Payton's defense team renewed the misconduct complaint in the wake of Orange County's ongoing snitch controversy, marked by allegations that police and prosecutors misused jail informants and withheld evidence. Payton was convicted of the rape and murder of Pamela Montgomery, a 21-year-old woman stabbed a dozen times at a home in Garden Grove. Payton also was convicted of trying to murder 2 others also in the home before dawn on May 26, 1980. Patricia Pensinger survived 40 stab wounds. Pensinger's 10-year-old son, Blaine, was stabbed 23 times and lived. Informant Daniel Escalera testified in the penalty phase of Payton's trial, saying Payton had admitted to having a "severe problem with sex and women" and wanting to "stab them and rape them." Payton's attorneys say in court documents that the prosecutor portrayed Escalera and other informants as inmates who happened to overhear Payton or engage him in conversation. But both informants had extensive records of working with law enforcement - information Rocconi said was not given to the defense team. (source: Orange County Register) USA: Double cop killer taken off death row Double cop killer Ronell Wilson is mentally unfit for the death penalty, a Brooklyn federal judge has ruled in a stunning decision announced Tuesday that spares the cold-blooded gangbanger's life. The Bloods member was sentenced to death by a Brooklyn federal jury in 2013 for the point-blank shooting of 2 undercover NYPD cops in a Staten Island gun-buy bust gone bad in 2003. But in his ruling, Judge Nicholas Garaufis found that Wilson "has demonstrated significantly subaverage intellectual functioning" and was therefore ineligible for the death penalty. "These deficits arose during Wilson's developmental period, and they persisted through the time of the crime," Garaufis wrote. The ruling states that Garaufis will issue an amended sentencing of life in prison that will override the prior death penalty.?? Wilson killed Detectives James Andrews and Rodney Nemorin after suspecting that they were cops. While in jail, Wilson had enough mental capacity to seduce prison guard Nancy Gonzalez into having sex with him on multiple occasions. She became pregnant from him and later had his baby before becoming estranged from the murderer. She was charged for the gross infraction and was also fired. (source: New York Post) ************** Former death row inmate: Clinton wrong on death penalty At the CNN Town Hall meeting between Hillary Clinton and Bernie Sanders last night, I had the privilege of asking Clinton how she could still support the death penalty in light of all the innocent people in this county in recent years who have been wrongfully convicted and sent to death row. I said last night that I was "satisfied" with Clinton's answer, but that does not mean I agree with her. While I respect her opinion and her honesty, I completely disagree with her position on the death penalty. The fact that we too often send innocent people to death row in this country can no longer be debated. I ought to know. I was one of them. In 1975, I -- along with my 2 childhood friends and co-defendants Wiley Bridgeman and Kwame Ajamu -- was wrongfully convicted and sent to death row for the murder of a white businessman that occurred in our predominantly poor and black neighborhood in Cleveland. We spent more than 2 years on death row before having our sentences reduced to life in prison. I came within 2 months of my execution date but was saved by a lucky technicality -- the court made a mistake filling out the death penalty sentencing paperwork. Bridgeman and Ajamu later escaped death only because the U.S. Supreme Court struck down Ohio's death penalty statute as unconstitutional. They both came even closer to death -- 1 of them came within a week of his execution date. If not for pure luck and chance, none of us would have been alive to see our exoneration nearly 40 years later. Because of an investigation by the Cleveland Scene newspaper and the Ohio Innocence Project at the University of Cincinnati College of Law, we were vindicated and gained our freedom in November 2014. By that time, I had served 39 years in prison for a murder I didn't commit -- the longest sentence by an innocent person in U.S. history. I know that the death penalty does not deter. That can no longer be seriously debated. I also know that it is very expensive at a time when states are struggling financially and many are on the brink of bankruptcy. As an expensive government program with no proven track record of effectiveness, it is, indeed, the proverbial "bridge to nowhere." But I also know that it sends innocent people to death row, and sometimes kills them. Some of those likely innocents, such as Cameron Todd Willingham and Carlos DeLuna, have been executed at the hands of the government. Other innocent inmates -- in fact more than 150 of them -- have been lucky enough to have been exonerated and freed before their execution. Furthermore, I learned from my time on death row that even the guilty are worthy of salvation. As an innocent and scared 18-year-old boy sent to death row, it was only the kindness and humanity of death row's guilty, who took me under their collective wing, that kept my sanity and maintained my faith in humanity. These inmates made horrible mistakes, and deserved to be punished, but they are not the animals our criminal justice makes them out to be. A society should not be judged on how it treats its best, but rather on how it treats is lowest. And even the lowest are capable of incredible acts of humanity and are worthy of decency. They are worthy of God's grace, just as they bestowed grace upon me. When I asked Clinton why she still supports the death penalty, she said she supported it only for the worst of the worst: those who committed acts of mass killing or terrorism. I cannot accept that. In cases such as those, the societal pressure to convict is at its highest. And when an intense pressure to convict is present, that is when the risk of convicting an innocent is greatest. The death penalty is also not a deterrent in terrorism cases. In fact, death can serve the purpose of many terrorists who wish to become "martyrs" for their cause. During all the decades I sat in prison as an innocent man, I saw societal views gradually change. Not too many years ago, a Democratic candidate could not publicly support same-sex marriage and stand a chance of getting elected in a general election. Now, a Democratic candidate could not be taken seriously if he or she didn't support same-sex marriage. Likewise, no serious Democratic candidate should be able to support the death penalty. We have evolved. We have seen the evidence that the death penalty doesn't work and that it kills the innocent. Given this evidence, it is time that no candidate -- Democrat or Republican -- should be taken seriously if he or she supports capital punishment. The fact that Clinton continues to hang on to this antiquated relic confuses me. She touts "criminal justice reform" -- and much reform is needed -- but she misses one of the lowest hanging pieces of fruit. I said last night that I am an "undecided" voter. I hope that Clinton reconsiders her position on capital punishment before I do what I have been waiting my entire life to do: cast my first presidential vote as a free and vindicated man. (source: Ricky Jackson, WPTZ news) **************** Ending the Machinery of Death, Another Needed Criminal Justice Reform "I no longer shall tinker with the machinery of death," Supreme Court Justice Harry A. Blackmun wrote in a 1994 dissent where he declared, "the death penalty experiment has failed.": More than 150 death row inmates have been exonerated by evidence of innocence since 1973. A recent study has examined exonerations and concluded that at least 4% of those sentenced to death are indeed innocent. No wonder that support for the death penalty has decreased among all political affiliations with 56% of Democrats now opposing the "machinery of death." I was so touched by Ricky Jackson who served 39 years for a murder that he didn't commit as he asked Hillary Clinton about her position on the death penalty at the Democratic town hall in Florida last Sunday. Jackson's story took my back to my college days in Columbia, Missouri. Inspired by the work of the Innocence Project, my wife and I joined other activists in publicizes the plight of Joseph Amrine, who was eventually exonerated and released off of death row. I was proud to have the University of Missouri's ACLU and Christian Legal Society join forces on a clemency petition for Joe and to sit next to Joe's attorney as his case was argued before the Missouri Supreme Court. The State of Missouri argued that Mr. Amrine should be executed even though no evidence remained to tie him to the murder after 3 witnesses recanted, admitting they had lied on the stand. 3 Missouri Supreme Court judges still wanted to allow the state to execute Joe, but fortunately 4 agreed that a new trial was warranted. One of the highlights of my life remains the day that Sarah served Joe his 1st meal as a free man at Shakespeare's Pizza in Columbia, Missouri. Criminal justice issues have clearly been a big issue in the race for president, with a lot of time spent on the need to end our era mass incarceration. Capital punishment is another area of our criminal justice system that needs reform. One Democratic candidate, Bernie Sanders, opposes the death penalty, while Hillary Clinton wants to keep the death penalty "in reserve." While I don't shed a tear for mass murderers, we can ensure that they serve life in prison without the possibility of parole, we don't gain anything as a nation by executing them. By executing people, even those guilty of horrific terrorist attacks, our nation could actually lose out on the ability to gather more evidence that can be helpful. Not to mention the horrific consequence of executing innocent people. The exonerated Ricky Jackson, who barely escaped the machinery of death, penned an oped for CNN stating, "Given this evidence, it is time that no candidate - Democrat or Republican - should be taken seriously if he or she supports capital punishment." At the Democratic town hall in South Carolina, when asked which Supreme Court Justice he admired, Bernie Sanders answered, "Thurgood Marshall was a damn good Supreme Court justice." Thurgood Marshall was one of the great heroes of our time and what he wrote about the death penalty in 1972 rings just as true today: At a time in our history when the streets of the Nation's cities inspire fear and despair, rather than pride and hope, it is difficult to maintain objectivity and concern for our fellow citizens. But, the measure of a country's greatness is its ability to retain compassion in time of crisis. No nation in the recorded history of man has a greater tradition of revering justice and fair treatment for all its citizens in times of turmoil, confusion, and tension than ours. This is a country which stands tallest in troubled times, a country that clings to fundamental principles, cherishes its constitutional heritage, and rejects simple solutions that compromise the values that lie at the roots of our democratic system. Our criminal justice system is just too flawed, especially if you are poor, let alone a poor person of color, to give the state power over life and death. Democratic voters have an opportunity to elect a president who unequivocally opposes the death penalty or one that will continue to "tinker with the machinery of death." I urge you to choose Bernie Sanders, don't "tinker with the machinery of death." Let's stop the machine instead. (source: Anthony Johnson, marijuanapolitics.comn) From rhalperi at smu.edu Tue Mar 15 13:41:20 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 15 Mar 2016 13:41:20 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 15 LEBANON: Judge seeks death penalty for suspects linked to 2015 Beirut bombings A military judge Tuesday demanded the death penalty for 20 accused of organizing and planning a 2015 twin suicide attack that killed 47 people and wounded more than 200 in a Beirut suburb. (source: The Daily Star) BANGLADESH: FULL VERDICT RELEASED ---- War trial: Nizami to get 15 days to seek review The Supreme Court today released its full verdict that upheld the death penalty for war criminal Motiur Rahman Nizami, leaving him with option to seek review of the verdict. Talking with The Daily Star, Attorney General Mahbubey Alam said the Jamaat-e-Islami chief can move a review petition with the Supreme Court within 15 days of receiving the copy of the full verdict. The apex court released the 153-page judgement after its 4 judges concerned signed the verdict. The International Crimes Tribunal-1 handed Nizami death penalty on October 29, 2014 for crimes against humanity during the 1971 Liberation War. On January 6, a 4-member bench of the Appellate Division of SC upheld the death sentence of the Al-Badr Bahini chief Nizami for his crimes against humanity during the country's Liberation War. The SC bench unanimously upheld his death penalty for masterminding the killing of intellectuals and involvement in 2 incidents of mass killing of over 500 people in Pabna in 1971, paving the way for his execution. The Jamaat ameer now has the option of seeking review of the SC judgment after the release of the verdict's full text. If his review petition is rejected, he will get a chance to seek presidential clemency. If Nizami decides not to seek clemency or is denied it, he will be the second Al-Badr top leader after Mojaheed to walk the gallows. Nizami is the third former minister after Jamaat leader Ali Ahsan Mohammad Mojaheed and BNP leader Salauddin Quader Chowdhury to get death penalty for their notorious role during the war. (source: The Daily Star) PAKISTAN: Army chief ratifies death sentence of climber killer among 13 terrorists Army Chief General Raheel Sharif Tuesday ratified death sentence of 13 'hardcore terrorists' found guilty of terrorism-related offences including the 2013 massacre of 10 foreign mountaineers, said the Inter Services Public Relations (ISPR). Tehreek-e-Taliban Pakistan (TTP) member Irfan Ullah was sentenced for the attack on the base camp at Nanga Parbat, Pakistan's 2nd highest mountain, which shocked the world and scarred the country's climbing tourism industry. Gunmen dressed in police uniforms stormed the camp and shot dead 10 foreign mountaineers - including 1 American with dual Chinese citizenship, 2 other Chinese, 3 Ukrainians, 2 Slovakians, 1 Lithuanian and 1 Nepalese and a Pakistani guide. "Today Chief of Army Staff confirmed death sentences awarded to another 13 hardcore terrorists, who were involved in committing heinous offences relating to terrorism, including killing of foreign tourists at Nanga Parbat," the ISPR said in a statement. The other 12 had been charged with various severe crimes from attacking schools and an airport, to killing security officials, civilians and damaging helicopters. Pakistan has hanged more than 300 people since lifting a moratorium on the death penalty in December 2014. The nuclear-armed South Asian nation lifted the 6-year moratorium and amended the constitution to allow military courts to try hardcore militants after Taliban gunmen killed more than 150 people, most of them children, at an army-run school in Peshawar on December 16, 2014. In June 2014, the army launched an operation in a bid to wipe out militant bases in North Waziristan tribal area and end the bloody decade-long Islamist insurgency that has cost thousands of lives. (source: arynews.tv) ************** SC to hear appeals against military court convictions----Supreme Court upholds death penalty for 2 over war crimes The Supreme Court of Pakistan will commence hearing 10 appeals instituted against military court convictions of militants from tomorrow, the media reported yesterday. The appeals will be taken up by a five-judge larger bench, headed by Chief Justice of Pakistan (CJP) Anwar Zaheer Jamali, Dawn online reported. At the last hearing, on February 24, Jamali had ordered that all the challenges against military court decisions be clubbed, with the directive that execution of the convicts would remain suspended until the pending petitions were decided. 2 of the convicts were awarded death sentence by the military courts for their alleged involvement in the December 16, 2014, carnage at the Army Public School in Peshawar, which killed more than 150 people, most of them school children. The South Asian nation unveiled a sweeping plan to curb militancy after the attack. A 6-year moratorium on the country's death penalty was lifted and the constitution amended to allow military courts to try those accused of carrying out attacks. Hangings were initially reinstated only for those convicted of terrorism, but in March they were extended to all capital offences. Earlier this year the Ministry of Interior and Narcotics Control said 332 people had been executed in the country. Following the attack on the school, senior lawyer Salim Shah Hoti had said persons found involved in helping militants in carry out terror attacks (facilitators) are liable to be sentenced to death in accordance with the law of the land. Military courts had been set up after the passage of 21st Amendment in Jan 2015 to proceed with terror- related cases. After lifting of the moratorium on death penalty through an executive order following the Army Public School attack, these courts were authorised to sentence to death facilitators, abettors and handlers of the terrorists without any distinction. The interior ministry was required to send the case of facilitators arrested by security forces for their involvement in the attack at Bacha Khan University to the military courts because the law applied to them. However, opponents of the policy stress that Pakistan's legal system is unjust, with rampant police torture and poor representation for victims during unfair trials, while the majority of those who are hanged are not convicted of terror charges. "They (government) are hanging petty criminals but known terrorists on death row are awaiting their punishment for years," Asma Jahangir, a lawyer and human rights activist in Pakistan, has been quoted as saying. She has accused the government of failing to act consistently, citing the men convicted of murdering journalist Daniel Pearl in 2002, who were handed death sentence years ago but have yet to be hanged. But supporters of the plan argue that executions are the only effective way to deal with the scourge of militancy in Pakistan. Earlier this month, the Senate of Pakistan proposed changes in the laws pertaining to counter-terrorism strategy to ensure swift dispensation of justice along with mechanism for security and protection of witnesses, prosecutors and judges. The report of the Committee of Whole, Senate of Pakistan 2015 emphasised enhanced evidential value of confessional statements in terrorism cases and increased co-ordination between police and military-run intelligence agencies. Regarding the enforced disappearances, the Senate's report states that the Constitution's articles regarding fundamental rights of citizens should be taught in all academies run by military, para-military forces and police. The Senate has given 90 days to the government to adopt its recommendations. (source: Gulf-Times) INDIA: SC junks petition seeking abolition of death sentence The Supreme Court on Monday refused to re-examine the Constitutional validity of death sentence in the light of the evolving jurisprudence across the world to do away with the extreme punishment and dismissed a plea seeking abolition of capital punishment. A bench of Justices P C Ghose and Amitava Roy refused to entertain a PIL pleading the court to revisit the relevance of death sentence in a modern society on the ground that it failed to act as deterrent and resulted in violation of human rights. According to National Crime Records Bureau, the total number of death sentences handed out by courts between 1998 and 2013 was 2052, an average of 132 a year. But in most of the cases, awarding extreme punishment could not get approval from the higher courts. The SC confirms barely 3 to 4 death sentences each year. Over 64 people were awarded death sentence by lower courts in 2014, according to Amnesty International's Death Penalty Report 2015. . Although death sentence has been executed only in 4 cases in the last 15 years, civil rights groups have been very vocal about its abolition terming it "barbaric and a form of judicial killing". Mumbai blast convict Yakub Memon was executed last year preceded by Parliament attack convict Afzal Guru (2013), 26/11 Mumbai attacker Ajmal Kasab (2012) and Dhananjoy Chatterjee (2004). Advocate Mathews Nedumpara told the bench that the apex court in its various judgements had underscored the "vice" of arbitrariness in awarding death sentence. He told the bench that the 'rarest of the rare' theory, propounded by the SC 35 years ago, has been variedly and inconsistently applied which needed to be examined. . "There have been and always will be cases of executions of innocent people. No matter how developed a judicial system is, it will always remain susceptible to human failure," the petitioner said, adding, "At the time of Independence, the capital punishment was order all over the world, but with passage of time it came to be considered to be inhuman and it was abolished in all European countries." (source: The Times of India) IRAN: UN rights expert concerned over rate of juvenile executions in Iran UN Special Rapporteur on human rights in the Islamic Republic of Iran, Ahmed Shaheed, expressed continued concern Monday regarding Iran's alarming rate of juvenile executions and other flaws in the justice system. Shaheed's report calls for complete removal of the juvenile death penalty, as Iran is one of the only countries still using this practice in violation of international law. Shaheed also discussed problems with due process, failure of officials to implement Iranian law in a manner that complies with international law and other problems with the administration of justice. While recognizing some reform and recent successful elections, Shaheed stated, "[t]here remains a considerable gap between protections afforded to the accused in Iranian law and the reality on the ground." The use of the death penalty remains controversial worldwide. Last month Amnesty International (AI) [advocacy website] criticized Iran's justice system after 40 men were sentenced to death. In January AI reported on the many juvenile offenders on death row in Iran. Last year AI said that use of the death penalty in Pakistan was undergoing a "disturbing and dangerous" escalation after the execution of 2 men convicted of non-terrorism offenses. In 2014 UN officials called on the government of Iraq to impose a moratorium on the death penalty in response to a significant rise in executions since the country restored capital punishment in 2005. The report stated that 73 executions of juvenile offenders took place between 2005 and 2015 and that 160 juvenile offenders are currently on death row. (source: The Jurist) ************** Most Executions Unannounced by Iranian Authorities----Only 373 of the total 969 executions cases in 2015 were announced by official sources. About 60% of all executions included in IHR's 8th annual report on the death penalty were unannounced by Iranian authorities. IHR's annual report distinguishes between official and unofficial or unannounced executions. The group's unofficial execution reports are verified and confirmed by 2 independent sources. About 60% of all executions included in this report were not announced by Iranian authorities. Some of these executions were carried out in secret, without the family or the lawyer being informed, and some were simply not announced by the official media. Only 373 of the total 969 executions cases in 2015 were announced by official sources. Official executions are those announced by official websites of the Iranian judiciary, Iranian police, the National Iranian Broadcasting Network, official or state-run news agencies and national or local newspapers. Unofficial or unannounced executions are not announced by official sources, but are confirmed by IHR through unofficial channels. These include other human rights NGOs or IHR's sources within Iran. The sources of unofficial reports are often eyewitnesses, family members, lawyers, sources within the prisons and the Iranian judiciary. IHR has only included unofficial reports that were confirmed by 2 independent sources. In 2015, IHR received reports of secret or unannounced executions from 16 different prisons across the country. In the ethnic regions of Baluchistan, Azerbaijans (East and West), and Kurdistan more than 97% of the executions were either carried out secretly or were not announced by official Iranian media. Prisons in the ethnic regions of Iran have the highest percentage of unannounced or secret executions. More than 95% of all executions in the ethnic regions of Iran's provinces of West and East Azerbaijan, Baluchistan and Kurdistan were not announced by the official media. The unannounced executions of 2015 are marked yellow inthe graph above and are categorized based on province (excluding the Tehran and Karaj areas). Prisons in the provinces of Fars (south), West Azerbaijan (northwest), Hormozgan (south) and Kerman (southeast) had the highest number of executions. The yellow in the diagram above represents the unofficial/unannounced executions in the 2 provinces of Iran with the highest number of executions in 2015. Ghezel Hesar and Rajai Shahr prisons in Karaj were the sites with the highest number of both officially announced and unannounced executions in 2015. QUICK FACTS ABOUT SECRET OR UNANNOUNCED EXECUTIONS IN 2015: -- At least 596 (61%) of the executions were not announced by official Iranian sources -- Drug related offences accounted for the charges in 77% of the unannounced executions -- Executions of women and foreign citizens (mainly Afghan and Pakistani) were mainly not announced -- Executions for none of the political or security related charges were announced by the official sources ******************** UNODC Renews Cooperation with Iran Despite 638 Drug Executions in 2015 Iran has used the death penalty for drug related crimes since the inception of the Islamic Republic in 1979. Both crime rates and drug abuses in Iran have increased in the past 3 decades. The annual report by IHR provides a special focus on drug related executions in Iran and looks at the cooperation between the United Nations Office for Drugs and Crime (UNODC) and Iran against drug trafficking. 638 of the recorded 969 executions in 2015 were drug related, even though several top Iranian officials have admitted that executions have not reduced drug problems (including trafficking) in Iran. The number of drug executions in 2015 was the highest in more than 25 years, but despite this, the UNODC recently renewed its cooperation with Iran in the fight against drug trafficking. In December 2015 UNODC Executive Director Yury Fedotov announced a new $20 million funding settlement for anti-drug operations in Iran - a deal which represents a doubling in the agency's support for Iranian counter-narcotics efforts. The UNODC's new Iran Country Program is expected to run between 2015 and 2019, but the UNODC has not disclosed who will donate to the project, or what human rights safeguards will be imposed to prevent it facilitating drug related executions. Most of the individuals who are sentenced to death in Iran for drug related offences are carriers belonging to marginalized groups in Iranian society, in particular the ethnic regions such as Baluchistan and Kurdistan. There is an overall lack of transparency in the Iranian judicial process, all those convicted of drug related charges were tried behind closed doors, and most of those executed on drug charges were not identified by name. Some of the issues those in Iran who are accused of drug offenses face are unfair trials, lack of access to a lawyer, and coerced confessions. Iranian authorities have claimed that many of those sentenced to death for drug related charges were involved in organized armed smuggling; however, investigations by IHR indicate that most of the individuals who were executed in Iran on drug related charges were not involved in armed drug smuggling. Witness statements given to IHR indicate that people arrested and accused of possession or trafficking of drugs are systematically tortured in Iranian detention centres until they agree to a confession. More than 2,690 people were executed in Iran in the six years from 2010 to 2015. With more than 638 executions for drug related offenses, 2015 was the deadliest year since 1990. The prisons which carried out the most drug related executions in 2015 were Ghezel Hesar and Rajai Shahr prisons, both located in the Tehran/Karaj area. Kerman (southeastern Iran), Hormozgan (southern border) and Urmia (northwestern border) also had a high number of drug related executions. Most of the executions were not announced by official Iranian media. UNODC COOPERATION WITH IRAN The United Nations Office for Drugs and Crime (UNODC) has cooperated with Iran in the fight against drug trafficking for the past decades. Several European states provided millions of dollars worth of support through UNODC to counter-narcotics forces in Iran. In February 2015 UNODC Executive Director Yury Fedotov gave a speech in Tehran noting that "no country can compete with Iran when it comes to the amount of narcotics discovered and seized". In early 2015 the human rights group Reprieve uncovered a formal UN evaluation of UNODC's Iranian operations which warned of a potential "funding crisis" if donors withdrew support due to human rights concerns. The document suggested the human rights policy that UNODC published in 2012 - calling for a "temporary freeze or withdrawal" in funding if drug offenders are executed - was neither "promoted nor implemented" in Iran. It also noted that "no action" was taken to prevent death sentences and executions as a result of the UNODC's work. INTERNATIONAL ATTENTION ON DEATH PENALTY FOR DRUG OFFENCES International attention on the death penalty for drug related offences is relatively new. In recent years a growing number of global institutions and agencies have expressed public concern about Iran's use of the death penalty for drug related offences, and called for an end to international cooperation with Iranian counter-narcotics efforts. In October 2015, the European Parliament passed a resolution by 569 votes to 38 majority condemning Iran's high rate of drug related executions, and called on the European Commission and member States "to reaffirm the categorical principle that European aid and assistance, including to UNODC counter-narcotics programs, may not facilitate law enforcement operations that lead to the death sentences and the execution of those arrested". The resolution follows decisions by individual donor states to withdraw funding from UNODC operations in Iran. In 2013, Denmark withdrew its support for such efforts, stating that "the donations are leading to executions". The United Kingdom subsequently did the same, citing "the exact same concerns" as Denmark. Ireland also took similar action, with the then-Foreign Minister explaining that "we have made it very clear to the UNODC that we could not be party to any funding in relation to where the death penalty is used so liberally and used almost exclusively for drug traffickers". Iran Human Rights calls on the United Nations to freeze all cooperation involving law enforcement against drug trafficking until Iran removes the death penalty for drug offences from its law. "We call on Iran to impose a moratorium on the death penalty for drug related offences...We also ask the Iranian authorities to give special consideration to the most vulnerable groups in the Iranian society, including Afghan citizens," says Raphael Chenuil-Hazan, Executive Director of Ensemble Contre la Peine de Mort (ECPM), a human rights group that collaborated with IHR on its 8th annual report. ************************ Ghezelhesar: Death Camp Home to 3000 Prisoners Awaiting Execution Karaj's Ghezelhesar Prison, also called the death camp, is home to more than 3,000 prisoners sentenced to death for drug related charges. IIHR's 8th annual report reveals that in 2015 at least 200 prisoners were executed in Ghezelhesar Prison, and they were all on death row for drug related offenses. The executions in this prison dramatically increased after a group of the death row prisoners gathered peacefully in the courtyard on May 21, 2015, calling on the Iranian Supreme leader Ali Khamenei to reduce their sentences. In the 5 weeks following the peaceful gathering more than 70 prisoners were hanged in groups of 11 to 17. One of the 13 prisoners who was transferred for execution on May 31 2015, attempted to postpone his execution by stabbing another prisoner on death row. When a prisoner who is sentenced to death for drug related charges commits a murder, his death sentence for drug related charges is postponed, since "qisas" (retribution in kind) is given higher priority. On its website IHR has published several interviews with death row prisoners in Ghezelhesar. CASE: Innocent school teacher, Mahmood Barati. No prior criminal record and the father of a 3-year-old boy when he was arrested in 2006 on a trumped up drug related charge. Sentenced to death solely based on the false testimony of a drug convict, a testimony that was later withdrawn on 2 separate occasions. Despite this, Iranian authorities still executed Mahmood in Ghezelhesar Prison on September 7, 2015. According to witness testimonies, Mahmood had been tortured and forced to confess. (source for all: Iran Human Rights) MOROCCO: Petition Calls on King Mohammed VI to Allow Castration of Pedophiles Following the tragic story of the little boy Imran who was subject to a sexual and physical abuse a Moroccan mother launched an online petition onAvaaz.orgaddressed to King Mohammed VI calling for the adoption of the death penalty against pedophiles. I am a mother and I am traumatized after what happened to the little boy Imran'wrote Ghita B. the author of the petition. I do not feel safe in my country. I am afraid for my son for all children. I want every pedophile who abuses a little angel to be sentenced to death and make an example for other inhuman pedophiles' the mother added. The petition has garnered already 1652 signatures. Crimes of solicitation of minors and their sexual abuse are punishable with a maximum sentence of 30 years in prison under the Moroccan Penal Code. However La Coalition Contre les Actes Pedophiles(the Moroccan Coalition Against Child Abse) said in its annual report on pedophilia in Morocco published last November that the number of reported child abuse cases in 2015 reached 935 an increase of 10 percent compared to 2014 (850 cases). Khalid Cherkapoui President of the Coalition reportedly said that most of the court rulings against convicted pedophiles in 2015 were light. Most of court rulings against convicted pedophiles were between 1 year and 4 years in jail Some pedophiles were even released due to lack of evidence' Cherkaoui said. The 4-year-old boy Imran was subject to a brutal assault last week by a 16-year-old homeless boy who raped him and threw him in a deserted place in Hay Hassani Casablanca before the authorities found him in terrible condition. Moroccan media reported that King Mohammed VI ordered the transfer of the little boy to Sheikh Khalifa Bin Zayed Hospital in Casablanca to receive the necessary medical care. (source: menafn.com) From rhalperi at smu.edu Wed Mar 16 09:34:28 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 16 Mar 2016 09:34:28 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, PENN., N.C., GA., FLA., ALA. Message-ID: March 16 TEXAS----impending execution Death Watch: A Question of Premeditation----Adam Kelly Ward set to die March 22 Shortly after 10am on June 13, 2005, 22-year-old Adam Kelly Ward was out front of his parents' home in Commerce, Texas, washing a car, when he started arguing with Michael Walker, a code compliance officer sent to take photographs of the home after the Wards had grown noncompliant on an unsheltered storage violation. Ward's father, Ralph, came outside to try to diffuse the situation, but in talking with Walker, realized his son had disappeared. Worried about the gun his bipolar and oft-agitated son kept in his bedroom, Ralph ran off to look for Ward, advising Walker to leave the property. Walker retreated to his truck and called for law enforcement's assistance. Moments later, however, before Ralph could find his son, Ward ran up to Walker's truck and shot the code compliance officer - 9 times in all. In his confession, Ward told authorities that he believed the "city" was perpetually after his family, and that he feared for his own life after he and Walker started arguing. That worked against him, however, as prosecutors were able to point to the initial argument - plus a history of run-ins between the Ward and Walker families and the fact that Walker was unarmed - and charged Ward with shooting the officer in retaliation. Ward's trial attorneys attempted to argue that their client's mental state was too inept to conceive any prepared retaliation, but he was convicted of capital murder in June 2007 and sentenced to death. Habeas efforts filed at the state and federal levels have focused on Ward's lifelong troubles with mental illness, beginning with a bipolar diagnosis at age 4. Ward couldn't stay in school, couldn't keep a job, and in turn could not move out of his parents' deteriorating and often violent house. His habeas attorneys also pointed to a number of problems with the trial in general - like the fact that a friend and collaborator of the prosecution, Dr. Paul Zelhart, was seen having lunch and talking with jurors during the trial. Ward's efforts for relief failed in federal court in March 2014. His appeal to the U.S. Court of Appeals was denied in Jan. 2015. He got word that the U.S. Supreme Court refused to hear his case 9 months later, and on Nov. 6, he received his execution date. He's currently set for execution at 6pm on Tuesday, March 22. He'll be the fifth Texan executed this year, and the 536th since the state reinstated the death penalty in 1976. (source: Austin Chronicle) *************** Ward execution date nearing Last minute appeals continue to be filed, although an execution date is set in less than 2 weeks for a Commerce man, convicted of capital murder for the killing of one of the city's code enforcement officers almost 11 years ago. Adam Kelly Ward is set to die on the evening of March 22. Last fall, the U.S. Supreme Court refused to hear an appeal of Ward's 2007 conviction and sentence to death by lethal injection for the 2005 death of Michael "Pee Wee" Walker. In January 2015 the 5th U.S. Circuit Court of Appeals also rejected Ward's formal appeal. Ward's attorneys had argued Ward's trial counsel was deficient. The court also denied a writ of habeas corpus filed in Ward's behalf in 2014. In the writ, Ward contended his conviction and death penalty sentence were unconstitutional because he received ineffective assistance of trial counsel, was not tried by an impartial jury, and is severely mentally ill. The court reviewed the case and in a 63-page opinion denied the writ in a unanimous ruling, also noting Ward failed to make a substantial showing of the denial of a constitutional right. Ward's defense counsel then filed the formal appeal with the court. The Texas Court of Criminal Appeals, in a February 2010 ruling, also denied an appeal raised by Ward. Walker was working as a code enforcement officer for the City of Commerce and shortly after 10 a.m. on June 13, 2005 he was taking photos of alleged code violations at the home where Ward lived on Caddo Street. The 3 engaged in a verbal altercation, which ended when Ward shot Walker as many as nine times with a .45 caliber semi-automatic pistol. In order to have been convicted of capital murder, the prosecution had to show Ward knowingly and intentionally either obstructed Walker's ability to do his job or retaliated against Walker for doing his job as a public servant, while in the course of committing the murder. Defense attorneys attempted to show Ward may have been psychotic and suffering from paranoid delusions at the time of the shooting. Ward was found mentally competent to stand trial in a separate hearing which occurred even as a jury was being impaneled to consider guilt or innocence on the capital murder charge. (source: Herald-Banner) **************** My Regrets as a Juror Who Sent a Man to Death Row ----"If I could have done anything, it would have been to deadlock the jury, but I didn't have the personal strength to do that." In 2008, Sven Berger got a letter instructing him to report for jury duty. He ended up on the jury of Paul Storey, a young black man on trial for the shooting death of Jonas Cherry, an employee at a putt-putt mini golf chain in Hurst, Texas (near Fort Worth). There was little doubt about guilt, but Storey was facing the death penalty, and Berger, along with 11 other jurors, had to decide whether he should die for the crime. They unanimously decided he should, and Storey is still on death row. But 2 years after the trial, a lawyer handling Storey's appeals called the jurors and discovered that Berger was having second thoughts. The lawyer showed Berger a new report from a psychologist, detailing Storey's "borderline intellectual functioning," history of depression, and other "mitigating evidence" Storey's lawyers had not presented during the trial. Berger wrote in an affidavit that had he heard this evidence, "I would not have voted for the death penalty." Today, Berger works as a software engineer in Olympia, Wash. We spoke by phone and email over several weeks about his experience sentencing Storey to death, and his subsequent regrets. Here's his account of that experience. D uring jury selection, when lawyers for both sides asked me questions, I saw Paul Storey in the courtroom. He was skinny, wearing a suit that clearly didn't fit him, and his tie was tied poorly - way too long. (I wore suits every day so I noticed that sort of thing.) He appeared to be friendly, though he didn't make much eye contact. Maybe he was coached on how to behave. I don't believe I met the other jurors until the trial began, and I was the youngest by maybe 10 years. The presentation of evidence was incredibly long, and actually boring for a while. Everyone was a little tense, which makes sense considering that nobody really wanted to be there. Once we found Storey guilty - the case against him seemed airtight: he'd confessed to the shooting multiple times - lawyers made their cases for and against the death penalty over a period of 2 or 3 days. At one point, the defense presented evidence that Storey stayed out of trouble in jail during the time leading up to the trial, and participated in Bible study. I felt 2 ways about this: avoiding conflict is always good, but the whole finding religion thing made me suspicious of his intentions. I imagined a stereotypical prisoner, pretending to find God on the inside only to increase his chances of parole, or whatever. I'm sure this is unfounded, but we've all seen crime dramas or movies where some "reformed" criminal gets out just to inflict more harm. To give someone a death sentence in Texas, the jury has to decide that he is capable of committing violent crime again in the future1. I didn't believe that from what I saw - I just didn't get the feeling he was dangerous. Maybe it was a gut feeling. But the other jurors seemed anxious to deliver the death penalty, except for 1 woman, who might have been sympathetic. Texas is unique among death penalty states in requiring jurors to decide that a defendant will be a "continuing threat to society." It was a very stressful situation, and my brain tends to block that sort of thing out, which makes recall difficult. But I know we didn't deliberate long - one to 2 hours, maybe. The room was pretty quiet; it felt like everyone came in already knowing how to vote. All the other jurors thought he should be put to death. If I could have done anything, it would have been to deadlock the jury, but I didn't have the personal strength to do it. I was 28, and not a mature 28. I've grown quite a lot since then, but at the time, I was really uncomfortable speaking out. Once we were asked to decide a sentence, I felt a rush of adrenaline and my stress level shot up. I couldn't have been the only one. In times like that, I know I don't think as clearly or rationally. I almost feel that in a case like this, jurors should be required to deliberate for some minimum amount of time. When we delivered the sentence, it was quite emotional. That 1 woman juror - the one I thought had been sympathetic, like me - began to weep. I handed her my handkerchief. The decision says something about who you are, and a lot of people don't want to look at the part of themselves that's willing to kill someone, to send them to death. After we delivered the death sentence, we were told we could leave out the front and talk to press or go out a back door. Everyone took the back door. I felt guilty about what happened. And sad. And a little helpless. I talked with my parents and my wife about how it bothered me. Eventually I started saying, "I don't think I made the right call." I had a friend, a police officer, who was a sounding board, and he tried to make me feel better, saying Storey's sentence would be appealed and the case would last a long time. Storey's mother made a Facebook page for him. I considered sending a friend request, but then I thought if anyone looked into it and found out, it would be weird. Maybe once a month, I'd look at the page, which had pictures of him in prison - I was curious to see how he was doing or if he got clemency. But Texas doesn't do that very often. I've always wanted to contact Storey, yet it never felt right. What would I say? What would he say? I'm not sure I'd be open to speaking with someone who helped ensure my own execution. (source: themarshallproject.org) PENNSYLVANIA: Death warrant signed in only local death penalty case The death warrant has now been signed in Erie County's only active death penalty case. It's not expected to be carried out anytime soon. Corrections Secretary John Wetzel signed the warrant for 46-year-old Stephen Treiber. Treiber was convicted for the 2001 arson death of his 2-year-old daughter in Millcreek. The warrant will be delayed because Governor Tom Wolf has issued a stay on executions in Pennsylvania. Trieber has asked for a federal appeal. (source: yourerie.com) ************* Frein's attorneys file motion to move trial from Pike County Citing news reports that referred to accused cop killer Eric Matthew Frein as a monster, lunatic and coward, his attorneys filed a motion Tuesday to move his trial to a court outside of Pike County. Attorney William Ruzzo and Michael Weinstein say extenswive pre-trial publicity, including dozens of news articles and campaign literature distributed by Pike County District Attorney Ray Tonkin, poisoned the jury pool, making it impossible for Frein to get a fair trial there. The motion asks a judge to transfer the trial to another county or, in the alternative, bring in a jury from another county to hear the case. Frein, 32, of Canadensis, is charged with fatally shooting Cpl. Bryon K. Dickson II of Dunmore and wounding Trooper Alex T. Douglass of Olyphant in an ambush outside the state police barracks in Blooming Grove on Sept. 12, 2014. He was captured on Oct. 30, 2014 following a 48-day manhunt. Tonkin is seeking the death penalty. Frein pleaded not guilty and is jailed in Pike County Correctional Facility awaiting trial. Local and national news media organizations inundated Pike County and surrounding areas with inflammatory and sensationalized news reports before and after Frein's capture, the motion says. Those reports, which include coverage of various tributes and honors bestowed upon the victims, continue today. "More than a year after the death of Dickson and the wounding of Douglass, there is not a segment of the population in Pike and Monroe counties which has not been touched by the defendant's case," the attorneys say. The motion specifically cites 107 articles in area newspapers, including The Times-Tribune, and hours of television broadcasts aired by WNEP-TV, WBRE-TV and several other television stations. Tonkin and/or his supporters made the situation worse, the attorneys say, distributing four campaign flyers during his successful 2015 bid for re-election that repeatedly referenced the word "murder" or "murderer" along with Frein's name or face, "clearly indicating (the) defendant is guilty of murder without being tried." The motion notes one particularly poignant flyer that featured Dickson's mother, Darla Dickson, who is quoted as saying "Ray Tonkin is the only person I trust to bring justice for my son Bryon." "The use of defendant's name and image as political fodder by the very district attorney who will prosecute him is a clear example of the sensational and inflammatory nature of the pretrial publicity in this case," the attorneys say. The coverage clearly impacted residents, the attorneys say, as evidenced by letters to the editor and postings on social media sites. They cite one letter to the editor written by a state representative, who says the death penalty is "reserved for people like Eric Frein" who "are beyond redemption." The filing comes 1 month after Ruzzo and Weinstein filed motion to suppress statements Frein made after his capture and a motion that challenges the constitutionality of the death penalty. Tonkin will have an opportunity to reply to each of the motions. A judge will issue a ruling at a later date. (source: The Citizen's Voice) NORTH CAROLINA: Darryl Hunt's funeral to be held Saturday Darryl Hunt, the man wrongfully convicted of rape and murder, and found dead this weekend will be laid to rest on Saturday. The 51-year-old was found in a vehicle this weekend on University Parkway in Winston-Salem. Police have not released any details surrounding his death. Hunt spent nearly 20 years behind bars for the crimes. He was exonerated and released from prison in 2004. Once released from prison, Hunt advocated against the death penalty, pushed for changes in the criminal justice system and helped people transition from prison life to civilian life. A celebration of Hunt's life will be held at Emmanuel Baptist Church in Winston-Salem at 1 p.m. on Saturday. (source: Fox News) GEORGIA----impending execution A clemency hearing has been set for a Georgia death row inmate set to be executed later this month A clemency hearing is set for a Georgia death row inmate set to be executed later this month. The State Board of Pardons and Paroles announced Tuesday that it will hear from advocates for Joshua Bishop on March 30. Bishop is scheduled to die the next day. Bishop was convicted of murder and armed robbery in the 1994 beating death of Leverett Morrison in Milledgeville. The parole board is the only entity in Georgia authorized to commute a death sentence. Bishop, Morrison and Mark Braxley had been drinking and smoking crack on June 24, 1994. Prosecutors say Bishop tried to steal keys from Morrison, who was sleeping, and beat Morrison to death when he woke up. Bishop and Braxley dumped Morrison's body between 2 trash bins and burned his Jeep. (source: Associated Press) ****************** Execution date set in 1994 Millegeville murder case A man convicted of a 1994 murder and armed robbery in Milledgeville is scheduled to die by lethal injection on March 31 at the Georgia Diagnostic and Classification Prison in Jackson, according to a news release from the Georgia Board of Pardons and Paroles. Joshua Bishop, now 41, was sentenced to die in the electric chair 2 years after the June 1994 slaying of Leverett Lewis Morrison, a 43-year-old Milledgeville native who had traveled from Savannah to visit his children that summer. Morrison had been out drinking that evening with Bishop and Mark Braxley, a 57-year-old currently serving a life sentence for his part in the killing, according to The Telegraph's archives. The 3 men returned to a mobile home off Linton Road. Bishop and Braxley planned to steal Morrison's Jeep Wagoneer. The 2 bludgeoned Morrison's head and face with a blunt object, which was never found. After Morrison died, the 2 men wrapped his body in a sheet, placed it near a trash bin and burned his Jeep. The U.S. Supreme Court denied Bishop's appeal request in October 2014, the release said. The Georgia Board of Pardons and Paroles will meet March 30 with representatives willing to advocate clemency for Bishop. (source: macon.com) FLORIDA: State fights to keep death-penalty option in 1987 murder case State prosecutors have challenged a local judge's decision keeping prosecutors from seeking the death penalty against a man accused of raping and killing a Lake Worth mother of 3 nearly 30 years ago. The recent ruling puts the case of Rodney Clark in the 1987 murder of Dana Fader in the league of a handful of Florida capital ones that were set for trial but are now ensnared in a January U.S. Supreme Court decision deeming Florida's death-penalty recommendation process unconstitutional. Jury selection was supposed to have begun Thursday, but was postponed after local prosecutors contested Circuit Judge Charles Burton's ruling that would stop them from qualifying jurors to sentence Clark possibly to die if they convicted him of Fader's murder. Prosecutors responded by filing an emergency petition to Florida's 4th District Court of Appeal on Friday, saying Burton's ruling was wrong. The court agreed to stall the case and rule on the issue based on a newly revised death penalty law. "If Clark is permitted to go to trial while the State is precluded from seeking the death penalty, it will be irreparably harmed," Assistant Attorney General Celia Terenzio wrote in the request. The appellate court this week gave defense attorneys 10 days to file a response, but with an unfolding legal morass surrounding the issue statewide, it could be months before Clark finds out whether prosecutors can still seek a death sentence against him. Clark has been in jail since 2013, ever since authorities tied him to Fader's death through a DNA check on semen left at the crime scene. Assistant State Attorney Reid Scott first asked Burton to postpone the case this year, after the U.S. Supreme Court by an 8-1 vote effectively struck down Florida's death penalty. The problem with Florida's system, the Supreme Court ruled, was that a death penalty recommendation only required a simple majority and judges were allowed to make independent findings before imposing a sentence. All but 3 of the 31 U.S. states that have the death penalty require a unanimous vote for a death sentence. The ruling sent Florida lawmakers scrambling to create a new law that would fix the system. As the bill wound its way through the state House and Senate, Burton denied prosecutors' quest to seek death against Clark, saying the Supreme Court's ruling meant there was no death penalty in Florida for the time being. That changed last Monday, when Gov. Rick Scott signed a law that now requires at least 10 of 12 jurors to vote for death. Under the new law, judges also can no longer override a jury's recommendation. By then, Assistant Public Defender Elizabeth Ramsey had responded by invoking Clark's constitutional right to a speedy trial, giving prosecutors just 60 days to bring his case to trial. On the eve of jury selection Thursday, Scott filed a new motion announcing the state's intent to seek a death sentence against Clark based on the new law, but Burton ruled that the state ran afoul of a law requiring them to provide a legal basis for seeking a death sentence within 45 days of a defendant's indictment. Clark's case is not the only one before a Florida appellate court. The 2nd District Court of Appeal is now considering the case of Steven Dykes, a 44-year-old Pinellas Park man against whom prosecutors are seeking a death sentence for the shaking death of his 3-month-old daughter. And Florida's Supreme Court is still trying to figure out how to apply the U.S. Supreme Court ruling to Timothy Hurst, the man whose case was the basis for the Supreme Court decision. The state's new process also requires a jury to vote unanimously that at least one aggravating factor supporting the death penalty exists, where previously jurors had to agree generally that aggravating factors both existed and outweighed mitigating factors. (source: Palm Beach Post) ALABAMA: Towles gets death penalty a 2nd time for 2006 child killing Kevin Andre Towles has been sentenced a 2nd time to die by lethal injection. Etowah County Circuit Judge David Kimberley sentenced Towles this morning at the Etowah County Judicial Center. A jury in December found Towles guilty of capital murder in the 2006 beating death of 5-year-old Geontae Glass. He had previously been convicted of the crime in 2009 and was sentenced to die, but his verdict was overturned by the Alabama Supreme Court. The jury last year also unanimously recommended the death penalty for Towles. Towles was accused of beating Geontae to death one weekend following a conduct report at a Rainbow City elementary school. Then Towles and the child's mother, Shalinda Glass, staged a kidnapping in order to dispose of the body. Shalinda told authorities Geontae had been asleep in the back seat of her car when the car was stolen from an Albertville service station. The boy was found later in the car, dead in the trunk, at another home owned by Towles. Authorities were able to discover the home when they found a utility bill bearing its address when they conducted a search of another home Towles owned. Shalinda later pleaded guilty to murder and is serving time in prison. During the trial, Geontae's sister Shaliyah, now 16, testified she saw Towles and the boy walk outside the home one Sunday morning, with Towles saying the child "had to pay for something." Later, Towles came back into the house carrying Geontae, she said, who she never saw move or talk for the rest of the weekend until the incident at the service station on Dec. 4, 2006. (source: al.com) From rhalperi at smu.edu Wed Mar 16 09:35:35 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 16 Mar 2016 09:35:35 -0500 Subject: [Deathpenalty] death penalty news----MO., CALIF., USA Message-ID: March 16 MISSOURI: Missouri Supreme Court upholds death penalty for 3 murders The Missouri Supreme Court has upheld the death sentence of a Kansas man convicted of killing 3 relatives in Missouri. The court on Tuesday rejected appeals for Robert Blurton, who sought to have his convictions and sentence overturned. Blurton, of Garnett, Kansas, was sentenced to death in June 2013 for the deaths of his aunt and uncle, Donnie and Sharon Luetjen and the couple's 15-year-old granddaughter, Taron Luetjen. Prosecutors said Blurton killed his victims in June 2009 at the couple's Cole Camp home during a robbery. Blurton's attorneys argued the trial judge made errors in allowing certain testimony and evidence, not instructing the jury on a possible 2nd-degree murder conviction and not declaring a mistrial because some crime scene photographs were inadvertently displayed before the verdict. (source: Associated Press) **************** Man convicted of 1977 murder of Brentwood teen dies in Missouri prison A man once sentenced to death for the 1977 murder of a Brentwood teenager has died in prison. Gregory Bowman was convicted of kidnapping, raping, and killing 16-year-old Velda Joy Rumfelt. His death sentence was set aside in 2011 after the state Supreme Court ruled jurors improperly heard information about 2 Illinois murders Bowman had been sentenced to life for. He was set free in those cases after a court threw out his confession. Prosecutors as recently as last year were pursuing a new penalty phase against Bowman, intending to again seek the death penalty. DNA evidence linked him to Rumfelt's murder. Bowman, 64, was reported last year to be terminally ill. The Department of Corrections says his death appears to be due to natural causes. (source: missourinet.com) CALIFORNIA: 32-year-old man faces death for killing 4 at Valley Village gathering A man who fired 50 rounds at a memorial gathering at a Valley Village restaurant, killing 4 people and wounding 2 others, was convicted Tuesday of 1st-degree murder and other counts and faces a possible death sentence. Jurors deliberated for about 3 1/2 days before convicting Nerses Galstyan, 32, of 2 counts of 1st-degree murder for the shooting deaths of Vardan Tofalyan, 31, and Harut Baburyan, 28, along with 1 count of 2nd- degree murder for the killing of Hayk Yegnanyan, 25, and 1 count of voluntary manslaughter in the death of Sarkis Karadjian, 26. The 9-man, 3-woman jury found true the special circumstance allegation of multiple murders, along with gun allegations, and also found Galstyan guilty of 2 counts of attempted voluntary manslaughter and 1 count of mayhem. The jurors will return to court March 28 for the start of the trial's penalty phase, in which they will be asked to recommend whether Galstyan should be sentenced to death or life in prison without the possibility of parole. Deputy District Attorney Thomas Trainor said Galstyan carried out the April 3, 2010, ambush "on an unsuspecting group of friends mourning the loss of a loved one." It was undisputed during the trial that Galstyan shot and killed Yegnanyan, Karadjian, Baburyan and Tofalyan, who was described as the defendant's best friend, at the Hot Spot restaurant. Defense attorney Alex Kessel argued, however, that the shooting was carried out in self-defense. He told jurors that Yegnanyan pulled a knife on Galstyan's brother, Sam, outside the restaurant prior to the shooting. Kessel said his client tried to defuse the situation by picking up Yegnanyan, hoisting him over his shoulder and turning in circles before putting him down. Yegnanyan then called Karadjian and Baburyan, who came armed to the memorial gathering, according to Kessel. "My client, Nerses Galstyan, was the one targeted that day," Kessel said, telling the jury that Galstyan only fired when Karadjian pulled a gun on him. Galstyan and his brother testified that Yegnanyan had been pressing Sam Galstyan to run drugs through his motorcycle club, leading to escalating tension between the 3 men. But Trainor insisted that Galstyan "walked in ready to fire, bullet already in the chamber, no safety on." The prosecutor said Galstyan "began firing as he walked in ... round after round after round after round ... pausing to reload ... stopping only when he ran out of bullets." Karadjian was "never able to chamber a round," according to the prosecutor. After the shooting, the Galstyan brothers fled to a Seattle, Washington suburb, where they were later arrested, because they were "2 scared guys looking for "safety, not for sanctuary," Kessel said. Sam Galstyan was not charged in connection with the shooting. (source: mynewsla.com) *************** D.A. to seek death penalty against man in serial killer case Prosecutors will seek the death penalty against both registered sex offenders accused of raping and killing four women in a case that drew scrutiny over the GPS monitoring of sex offenders. The Orange County District Attorney's Office on Tuesday said it will seek the death penalty against Franc Cano, 29, of Anaheim, who is facing special-circumstances murder and forcible-rape charges in connection to the slayings of 4 Santa Ana and Anaheim women believed to have ties to prostitution. In December, prosecutors announced they would seek the death penalty for Cano's co-defendant, Steven Dean Gordon, 47, who is facing the same charges. The pair were indicted by a grand jury in 2014 for the killings of Kianna Jackson, 20; Josephine Vargas, 34; Martha Anaya, 28; and Jarrae Estepp, 21, whose body was found on a conveyer belt at an Anaheim recycling facility. The other 3 women's bodies were never recovered. Both men were under the supervision of federal probation and state parole officials when the women were killed. Investigators believe the pair twice cut off their monitoring bracelets to travel out of state. Authorities said the 2 men picked up the women at well-known prostitution hubs in Orange County and left their bodies in trash dumpsters. Police say they suspect the pair might have killed a 5th women, who hasn't been identified or found. Using the men's GPS units, detectives could track the suspects to where the killings were believed to have occurred and linked them to each woman's cellphone, according to grand jury transcripts. District Attorney Tony Rauckauckas decided to seek the death penalty after conferring with a committee of top prosecutors with experience in capital murder cases. (source: Orange County Register) USA: It's Time to Make the Presidential Candidates Answer for Their Support of the Death Penalty A man who had been wrongfully convicted and sentenced to die challenged Clinton on the death penalty. We need more of these moments. In 1975, Ricky Jackson, then just 18 years old, was wrongfully convicted of murder and sentenced to die in Ohio's electric chair. He languished in prison for more than 39 years until, in 2014, he was exonerated and set free, earning the dubious honor of serving more time in prison than any other exoneree in US history. At a town hall event in Columbus on Sunday night, Jackson had the chance to share his story with Hillary Clinton - and ask for an answer. "I came perilously close to my own execution," he told Clinton, pausing to choke back tears. "In light of what I just shared with you, and in light of the fact that there are documented cases of innocent people who have been executed in our country, I would like to know how you can still take your stance on the death penalty in light of what you know right now?" There has been almost no meaningful political conversation this election about the United States' unique predilection for state-sponsored killings. For an election season that has been punctuated by the newest bipartisan buzz phrase - "criminal justice reform" - yet has featured almost no discussion of the death penalty, this moment was both electric and long overdue. "The audience was quiet and could hear pin drop, they were mesmerized," Mark Godsey, director of the Ohio Innocence Project, told Cleveland's Plain Dealer. When Clinton responded to Jackson by repeating her support for the death penalty, albeit a "very limited use of it," the exchange crystallized into something more than interesting or noteworthy. It became iconic: one of those rare election moments that endures long after the last votes have been counted. Tweets poured in, followed by articles, and for an all-too-brief moment, the fact that the United States continues to engage in state-sponsored killings - and that hundreds of innocent Americans have been sentenced to die - was the subject of serious campaign conversation. Only 9 nations continue to execute their citizens on a regular basis. We in the United States find ourselves in a sorry club - aligned with the likes of North Korea, Iran, China, and Sudan. Bernie Sanders - the only current candidate on either side who is opposed to capital punishment - likes to regularly call attention to our embarrassing singularities, such as our unique refusal to provide paid childcare leave or our idiosyncratic healthcare costs. But almost no meaningful political conversation in the election thus far has been dedicated to the United States' other unique predilection: state-sponsored killings. In 2014, the United States executed 35 people. Perhaps this relatively small number is the reason that capital punishment has been a mere footnote in this election season. Does it begin to feel more significant when you realize that this statistic sandwiches us between Iraq and Sudan for the most confirmed state executions in 2014? What about the fact that 34.6 % of executed Americans are black, despite representing only 13.2 % of the general US population? Does it begin to make more sense when you learn that 94.5 % of prosecutors in death penalty states are white? Does it worry you that, since the death penalty was reinstated in the United States in 1976, for every 10 people executed one has been found innocent and set free? If you knew that a plane you were boarding had a 1 in 10 chance of spontaneously combusting midflight, you probably wouldn't get on. So why have American voters been content to allow another election season to pass by without meaningfully addressing the broken death penalty system that inexplicably persists in our country in the year 2016? Why do we talk about criminal justice reform without talking about the fact that we continue to sanction government killings? This is especially perplexing given the drastic reduction in public support for the death penalty, which stands at a 40-year low. In 1996, 78 % of Americans supported the death penalty. In 2015, only 56 % were in favor. Among Democrats, that number is even lower - 40 % in 2015. When Ricky Jackson challenged Clinton on her support of the death penalty, it was one of only a handful of times she had been asked to respond to the issue this campaign season, and she answered much the same as on those occasions. "What I have said and what I continue to believe is that the states have proven themselves incapable of carrying out fair trials...," Clinton explained. "And I have said I would breathe a sigh of relief if either the Supreme Court or the states, themselves, began to eliminate the death penalty." The trouble with this stance is the assumption that the problems that plague state death-penalty sentencing procedures would somehow be eradicated on a federal level. Overzealous prosecutors who commit misconduct in order to secure convictions are undoubtedly not just a state problem. Eyewitness identifications will be just as fallible in a federal court. Coerced confessions happen everywhere. Minorities make up a majority of death-penalty sentences federally as well as at the state level. In her response to Jackson, Clinton acknowledged "struggling" with the issue but said she ultimately believes the death penalty should be reserved for extreme cases such as "horrific" mass killings. "[M]aybe it's a distinction that's hard to support, but at this point, given the challenges we face from terrorist activities primarily in our country that end up under federal jurisdiction for very limited purposes," she said, "I think that it can still be held in reserve for those." Clinton was right: Many thoughtful people do find this distinction hard to support - including the parents of Martin Richard, the youngest victim of Boston Marathon bomber Dzhokhar Tsarnaev, who wrote a letter to The Boston Globe stating that they hoped Tsarnaev would receive a life sentence, not a death sentence. (Despite their plea, Tsarnaev is currently awaiting execution on federal death row.) Why are voters content to allow another election season to pass by without addressing this country's broken death penalty system? Nonetheless, it's true that Clinton's present position does represent an evolution from her past, when her support for capital punishment was such that she lobbied for a federal bill that expanded the number of crimes eligible for the death penalty. She has since reversed her support for the bill - which is both welcome and acceptable. What is not reversible are the hundreds of executions which have been carried out since then. Sanders's stance is much more straightforward than Clinton's, which is why it's a shame that he was not asked to give his thoughts on Jackson's question. "In a world of so much violence and killing, I just don't believe that government itself should be part of the killing," he said during an earlier debate. He has also cited the probability of executing an innocent person, as well as the racial inequities of death penalty sentencing. These have been long-held beliefs of his, yet it is not a subject he often expounds upon without prompting. (He did, notably, call for an end to the death penalty during an October 2015 speech on the Senate floor.) One candidate who has made headlines expounding on the death penalty is - no surprise - Donald Trump. In December, he caused a stir after telling a union of New England police and correctional officers in December that "one of the first things I'd do in terms of executive order if I win will be to sign a strong, strong statement that will go out to the country, out to the world, that anybody killing a policeman, policewoman, police officer, anybody killing a police officer: death penalty." The typically Trumpian legalities of this statement aside - death penalty administration is handled by the states, and mandating the death penalty via executive order would be uncharted territory - Trump's rhetoric on capital punishment hardly seems shocking when stacked against the rest of the outlandish statements that constitute his would-be policies. But it is a mistake to dismiss his words as mere attention-seeking bluster. In the spring of 1989, as he was undergoing a messy, tabloid divorce, Trump found the time to call for the execution of 5 innocent teenagers. "Bring Back the Death Penalty," read the headline of the full-page ad Trump purchased in New York City's 4 major daily newspapers. "Yes, Mayor Koch," it continued, "...I recently watched a newscast trying to explain 'the anger in these young men.' I no longer want to understand their anger. I want them to understand our anger. I want them to be afraid." The teenagers whose deaths Trump was calling for - Anton McCray, Kevin Richardson, Yusef Salaam, Raymond Santana, and Kharey Wise, all between the ages of 14 and 16 - had just weeks prior been arrested and charged with the brutal attack of Trisha Meili while she was jogging in Central Park. As we now know, the "confessions" given by the boys were shaky, inconsistent, and false: coerced by police under great duress with no physical evidence or independent corroboration. The Central Park 5, as they are now known, were all wrongfully convicted and sent to prison; their innocence was not uncovered until the real perpetrator crossed paths with Kharey Wise in prison and, more than a decade after the convictions, unburdened his conscience with a confession of guilt, which was confirmed by DNA testing. That however has not induced Trump to reconsider his position. He has refused to apologize for calling for the deaths of innocent juveniles, and was furious at the multimillion-dollar settlement that the City of New York ultimately approved for the Central Park 5, calling it "a disgrace." As the election continues, we have the opportunity to push politicians toward the right side of history. In the midst of the 2008 election season, CNN compiled a list of key campaign issues, including the economy, abortion, LGBT issues, immigration, and guns. Criminal justice reform wasn't even on the table. In 2016, mass incarceration, police violence toward communities of color, the failed war on drugs, and even shifting attitudes toward ex-offenders have permeated the rhetoric of both the Republican and Democratic candidates. The progress we've made - spurred in large parts by social movements like Black Lives Matter - is incredibly encouraging. But if voters care about the systemic racism and ineffectual, biased policies that plague our criminal justice system, we need to talk about the death penalty more. "No serious Democratic candidate should be able to support the death penalty." In an article penned the day after he confronted Clinton on her support of the death penalty, Ricky Jackson wrote of his hopes that candidates might someday catch up to a changing society. "Not too many years ago, a Democratic candidate could not publicly support same-sex marriage and stand a chance of getting elected in a general election. Now, a Democratic candidate could not be taken seriously if he or she didn't support same-sex marriage," he wrote. "Likewise, no serious Democratic candidate should be able to support the death penalty." The same goes for Republicans, he wrote. Capital punishment in the United States represents a flagrant human-rights violation, inflicting cruel and unusual punishment on our most disenfranchised citizens in an arbitrary and unjust manner. It is an ineffective deterrent to crime. It is racist, it is classist, and it is incredibly expensive. It is a human system, and therefore fallible. And the fact that it continues to exist in this country, in 2016, matters. Voters need to make that clear. (source: The Nation) ****************** Death penalty repeal efforts flaming out in red states When Nebraska last year became the 1st red state in 40 years to abolish the death penalty, it offered a glimmer of hope for repeal supporters that the national momentum against capital punishment was taking hold in Republican-led states. But the repeal in the Cornhusker State has yet to be duplicated elsewhere despite similar efforts in several conservative states this year. Of repeal legislation proposed in nine states, at least six already have sputtered out. In Utah last week, lawmakers were unable to garner enough votes to enact a capital punishment repeal bill before the end of the regular legislative session. "Given the pressure of the last night, the votes I needed to swing, I didn't see them swinging," Utah state Sen. Steve Urquhart, the bill's sponsor, told The Salt Lake Tribune. Legislative efforts to ban the death penalty also have failed this year in Wyoming, Kentucky, South Dakota, New Hampshire and Delaware. Even the repeal success in Nebraska, the seventh state to abolish capital punishment since 2007, could be short-lived. The state is set to vote on a referendum that could reinstate the death penalty in November. But those who have lobbied against capital punishment said this year has been full of small but symbolic victories. "In Kentucky, it was the 1st time an abolition bill has gotten a hearing since the death penalty was reinstated in 1976," said the Rev. Patrick Delahanty, chairman of the Kentucky Coalition to Abolish the Death Penalty. "It's major progress. There are more people interested in the state than I've ever seen before." The U.S. Supreme Court effectively banned capital punishment in 1972 and reinstated it in 1976. Kentucky's repeal bill was sponsored by a Republican lawmaker, as were efforts in Missouri and Kansas, where legislation has not been rejected this year but seems unlikely to pass. Repeal efforts in states that have garnered bipartisan support seem best poised to gain the most ground, said Richard Dieter, senior program director at the Death Penalty Information Center. "A recent convert joining the force seems to be the missing ingredient," Mr. Dieter said. "Otherwise, it can just be in limbo. No executions, but no getting rid of it either." Marc Hyden, the national advocacy coordinator for Conservatives Concerned About the Death Penalty, said a record number of conservatives have been sponsoring legislation to abolish capital punishment in recent years. "There is a strong conservative case against the death penalty," Mr. Hyden said. "In these other states, I think they are starting to be more critical of the death penalty because they are looking at what it is supposed to do in theory and what it does in practice." Use of the death penalty has fallen precipitously in recent years. 19 states and the District of Columbia have banned executions. In 2015, 6 states carried out a total of 28 executions, the lowest number since 1991, according to the Death Penalty Information Center. Use of capital punishment has declined as views on it have changed. Politicians have been more willing to reconsider abolishment of the death penalty as controversy has arisen over potential executions of the wrongly convicted as well as the drugs used in lethal injections. "There used to be the belief that if you voted against the death penalty, you were voting against yourself," Mr. Dieter said. "You were going to lose the elections." But as executions have become more rare, voters aren't as concerned with an elected leader's stance on the issue, he said. In additional to concern over how executions are carried out, conservatives also have responded to considerations about the cost of death sentence appeals and the toll on victims' family members, who remain involved throughout the lengthy process, Mr. Delahanty said. Despite the enthusiasm that small victories have inspired, Mr. Dieter said, repeal efforts often stretch for years before attaining success. "It is proceeding slowly, but it hasn't reached that snowball effect," he said of the recent repeal effort. "It's going to take a number of years in each state." (source: Washington Times) From rhalperi at smu.edu Wed Mar 16 09:36:23 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 16 Mar 2016 09:36:23 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 16 IRAQ----execution Iraq executes Saudi prisoner 'for terrorism' Iraqi authorities executed Saudi prisoner Abdullah Mahmous Sydat last Sunday. Sydat was being held in Al-Nasiryah Prison, south of the Iraqi capital Baghdad. According to Al-Riyadh newspaper, the Iraqi Ministry of Justice pronounced the death sentence for Sydat after convicting him of terrorism. According to the newspaper, the Iraqi ministry notified the Saudi Embassy in Bagdad of the conviction and actual execution of Sydat a few days ago. Sources confirmed, however, that the execution was carried out on Sunday, March 6 and that the embassy was only notified of the decision after the execution took place. The sources added that the Saudi prisoner was executed along with a number of other Iraqi prisoners. The family of the prisoner said they were notified about his execution on Thursday by the Iraqi Ministry of Justice, but were not given any further details. Sydat left the Kingdom for Iraq in 2007 and was arrested on charges of terrorism during his time there. He was sentenced to 15 years in prison, which was later upgraded to the death sentence. The man, who has 2 children, had asked that he be buried in Madinah. (source: Arab News) ******************* 20 convicts executed, 70 waiting in Iraq, Justice Minister Iraqi Justice Minister Haidar al-Zamili disclosed that 20 death verdicts were executed for different charges, including Arab terrorists. Minister Zamili added that some of the convicted terrorists are from Tunisia, Algeria, Egypt, Jordan, Saudi and Iraqis. (source: Iraq Tradelink News Agency) SAUDI ARABIA----execution Saudi Arabia puts murderer to death in 72nd execution of 2016 Saudi Arabia executed one of its nationals convicted of murder on Sunday, bringing to 72 the number of people put to death in the conservative kingdom this year. Hadian al-Qahtani was found guilty of shooting dead Abdullah al-Qaoud following a dispute, the interior ministry said in a statement carried by state news agency SPA. Most people executed in Saudi Arabia are beheaded with a sword. The executions so far this year include 47 for "terrorism" carried out in a single day on January 2. In 2015, Saudi Arabia executed 153 people, most of them for drug trafficking or murder, according to an AFP count. Rights group Amnesty International says the number of executions in Saudi Arabia last year was the highest for 2 decades. However the tally was far behind those of China and Iran. The kingdom has a strict Islamic legal code under which murder, drug trafficking, armed robbery, rape and apostasy are all punishable by death. (source: Express Tribune) *************** "Tyranny will fall": Son of executed Saudi dissident al-Nimr shares his incredible story ---- EXCLUSIVE: Interview with activist Mohammed al-Nimr, whose father was killed by Saudi Arabia for leading protest "I don't like the name 'Saudi Arabia,'" Mohammed Nimr al-Nimr said with a smile. "It's actually called the Arabian Peninsula, not Saudi," he laughed, noting the country is named after its ruling dynasty. The impeccably dressed and amiable 29-year-old Saudi activist and engineer was in Washington, D.C. for the 2016 Summit on Saudi Arabia, the first international conference to call into question the close U.S. relationship with the theocratic absolute monarchy in Saudi Arabia. Mohammed's father, Sheikh Nimr al-Nimr, was a prominent leader in the Shia Muslim religious community, a minority group in the Saudi kingdom, which is governed by a fundamentalist form of Sunni Islam known as Wahhabism. The Saudi regime imprisoned Sheikh al-Nimr in 2012 for leading protests against its authoritarianism and violent sectarianism, and sentenced him to death in 2014. On Jan. 2 of this year, Saudi Arabia killed Mohammed's father, along with 46 other people in a series of executions. At the Summit on Saudi Arabia, Mohammed spoke of his father, and of the struggle for equality, justice and democracy in the Arabian Peninsula that he now carries on. Salon, which reported on the summit, sat down with the young al-Nimr, who shared his remarkable story. Growing pains Like so many activists from the Middle East, Mohammed was born in exile - in Damascus in 1987. He lived in the Syrian capital until 1993, when his family moved back to Saudi Arabia. Throughout his youth, Mohammed and his family moved back and forth between Saudi Arabia and Syria. That Mohammed spent part of his youth in Syria is fascinating to consider in contrast to his time in Saudi Arabia. In many ways, the 2 countries are on the polar ends of Arab politics. His experiences in the 2, as a Shia Muslim, differed greatly. Syria is known for its strict secularism and respect for religious minority rights; the Saudi monarchy, on the other hand, greatly discriminates against religious minority groups, and enforces an extreme interpretation of Sharia (Islamic law). In Syria's larger cities - before the catastrophic war that has since reduced much of the country to rubble broke out in 2011, at least - it was not strange to see bikini-clad women at the beach; in Saudi Arabia, women lack basic political rights, and cannot travel without being accompanied by a male guardian. Muslims of different sects, along with Christians, Jews and even atheists lived together in Syria, Mohammed recalled, and people of any religion could pray practically anywhere. As a Shia Muslim in Saudi Arabia, however, Mohammed said he was afraid to pray in many mosques, and had to be careful not to anger authorities or extremist citizens. At a very young age in Saudi Arabia, before he even entered school, Mohammed was made painfully aware of the fact that he faced discrimination for being raised in a different religious sect. When he later began studying in Saudi schools, he had to learn Wahhabi doctrine, which he described as "extremist ideas" that are nothing like the Islam he loves. The 2 countries in which the young al-Nimr spent his youth exposed him to drastically different worlds. Yet there were some similarities. In both, Mohammed witnessed first-hand how authoritarianism manifests itself, even when it appears in different ways. Saudi Arabia is a theocratic absolute monarchy which has been ruled by a royal family for more than 80 years. Syria is a secular dictatorship which has been ruled by the Assad family for over five decades. In Syria, Mohammed explained, people were not discriminated against based on their religion, but they faced repression based on their politics. If you belonged to the ruling Ba'ath Party, you were treated better. If you criticized the government, you would risk facing backlash, even imprisonment. In Saudi Arabia, religious minorities lived in fear. "They would humiliate people intentionally; they would treat them with disrespect," he recollected. In Syria, you had religious freedoms that were unimaginable in the Wahhabi Saudi regime, but you still lacked political freedoms. Growing up in these environments helped shaped Mohammed's view of justice. "The tyrant is the same everywhere," Mohammed said. Dictators may differ in their rule, but they are still dictators. And tyranny is not just limited to dictatorships, Mohammed added. He condemned the apartheid-like conditions Palestinians live under in Israel. "Whether the tyrant is in Saudi or Israel, it is still a tyrant," he explained. "They are thinking the same way; they are creating an ideology that serves them." The young activist's sense of justice is rooted in an internationalism that seeks liberation for all peoples. "There is no more value for 1 person than any other," Mohammed stressed. "Your life is not worth more than other lives." Repression and imprisonment Given the autocratic milieux in which he came of age, Mohammed remained apolitical throughout his early life. It was not until much later, in the past few years, that he began speaking out about politics. But first, a few uprisings would take place. In 2006, the Saudi regime, incensed at Sheikh al-Nimr's activism, forced Mohammed's father to sign a pledge not to speak in public. He agreed to stop speaking, and instead started writing. "If they don't want us to speak, we're gonna write" was his father's philosophy, Mohammed said. 2 years passed, and Sheikh al-Nimr held his tongue about the multitudinous injustices in the Wahhabi kingdom. In 2008, however, a series of violent incidents took place at al-Baqi, a cemetery in the important city of Medina, and a site of religious significance. The Saudi monarchy's fundamentalist form of Sunni Islam opposes the preservation of many ancient religious sites, which it considers to be a form of idolatry. Like ISIS, Saudi Arabia has destroyed millennium-old heritage sites and artifacts; unlike ISIS, the close U.S. ally has replaced these sites with lavish Hilton hotels and gender-segregated shopping malls. Shia graves at al-Baqi have been demolished by the Saudi regime, setting off further state-sanctioned sectarian tensions. In 2008, Mohammed recalled, Sunni extremists attacked Shia worshipers at the religious site, stabbing several. After the attack, virtually no one was punished. Some Shia Saudis subsequently began protesting the impunity the regime effectively guarantees for sectarian violence. Sheikh al-Nimr broke his silence, and gave a public speech in 2008 harshly criticizing the monarchy. In his speech, the senior al-Nimr raised the possibility that, if the Saudi regime did not treat its Shia citizens - many of whom live in the eastern part of the country - justly, there could be a possibility of secession. Saudi authorities took the statements of the sheikh, who always always preached nonviolence, out of context, and claimed he was calling for violent secession. The regime clamped down harshly on Sheikh al-Nimr - and not just on him, but also on his family. In 2009, four months after his father's speech, 14 police cars showed up at Mohammed's house, armed to the teeth with Kalashnikovs. The young al-Nimr, who was not involved in politics in any way, and was guilty only of being the son of a political activist, was arrested. Saudi Arabia's feared secret police, the Mabahith - a brutal force notorious for, in the words of Human Rights Watch, "a wide range of human rights abuses, including arbitrary arrest, incommunicado detention and torture" - interrogated the 22-year-old, and threw him in prison. After several months locked up, Mohammed was eventually released. He said the fear he felt during this time still haunts him. Mohammed then decided to move to the U.S. to study mechanical engineering. In 2010, he began studies at Indiana University - Purdue University Indianapolis, where he remains today. Less than a year after he arrived, however, one of the biggest uprisings in Saudi history would take place. (source: salon.com) INDONESIA: National scene: Govt uncertain on use of death penalty in 2016 The Indonesian government is yet to decide on whether it will execute drug traffickers this year, but has said it will focus more on improving the economy for the next 7 to 8 months. "We'll see what happens. We are still studying this very carefully. Maybe we could [continue with executions] this year, or maybe next year," Coordinating Political, Legal and Security Affairs Minister Luhut Pandjaitan said in Jakarta on Friday.Luhut said Indonesia had been disturbed by noisy, annoying comments from the public about the death penalty's implementation. "So we have to calculate very carefully when using the death penalty," he said. According to 2015 data from the National Narcotics Agency, there are 14 drug convicts currently waiting to face the firing squad. Last year Indonesia put to death 14 drug convicts, including 2 Australians that were part of the Bali 9 group, Myuran Sukumaran and Andrew Chan. (source: Jakarta Post) BANGLADESH: Bangladesh set to execute top Jamaat leader for war crimes Bangladesh is set to hang fundamentalist Jamaat-e-Islami chief Motiur Rahman Nizami for war crimes during the 1971 independence struggle against Pakistan. Authorities today served the death warrant to 72-year-old Mr Nizami, two months after the apex court upheld his death penalty. "We received the death warrant earlier this morning and served it to the convict (in the death row)," an official of the suburban high security Kashimpur Jail briefly told reporters. Attorney general Mahbubey Alam, meanwhile, said the top leader of the country's biggest Islamist party would now get 15 days' time to seek review of the judgement by the Supreme Court itself in his final bid to evade the gallows. He, however, said that the scope of reviewing the judgement in a war crimes case is very slim. "If he prefers not to get the judgement reviewed within the time-frame or if his petition is rejected, the government may execute the verdict anytime in the subsequent days," Mr Alam told newsmen. He said Mr Nizami, however, could seek presidential mercy immediately if the review petition was rejected but he would not get any extra time to decide for seeking the clemency. Bangladesh's International Crimes Tribunal (ICT-BD) originally sentenced Mr Nizami to death in October 29, 2014. The apex court upheld the verdict on January 6 this year. According to TV reports Mr Nizami's lawyers sought to meet their client in jail as the death warrant was issued to know his mind if he wants to exhaust the opportunity of filing a review petition. Leader of infamous Al-Badr force in 1971, Mr Nizami is the last remaining top perpetrators of crimes against humanity whose fate now hangs on the balance. He was found guilty of systematic killings of more than 450 people alone in his own village home in northwestern Pabna siding with the Pakistani troops during the liberation war. Mr Nizami at that time was the chief of the student front of Jamaat, which was opposed to Bangladesh's 1971 independence. 4 opposition politicians, including 3 leaders of the Islamist party, the Jamaat-e-Islami, have been convicted by a war crimes tribunal and executed since late 2013. 2 others, former Jamaat chief Ghulam Azam and ex-Bangladesh Nationalist Party minister Abdul Alim, earlier were handed down "imprisonment until death" penalty instead of capital punishment due to their old age as they exceeded 80. They subsequently died in the prison cells of a specialised state-run hospital due to old age ailments. (source: Deccan Chronicle) *************** Bangladesh Islamist party chief intends to seek review of death penalty Bangladesh's largest Islamist party chief Motiur Rahman Nizami Wednesday said he will file a review petition with the Supreme Court against its verdict that upheld his death sentence for war crimes in 1971. Nizami, president of the Bangladeshi Jamaat-e-Islami party, expressed his interest to file a review petition in consultation with his lawyers as his death warrant was read out to him on Wednesday morning in a prison in Kashimpur on the outskirts of capital Dhaka where he is being kept condemned, the prison's Superintendent Prashant Kumar Banik told journalists. Also on Wednesday Nizami was allowed to meet his lawyers and a son, he said. Bangladesh's International Crimes Tribunal-1 issued Nizami's death warrant Tuesday night hours after the country's apex court released its full verdict in this connection. Bangladesh's Supreme Court on Jan. 6 upheld a death penalty for the 73-year-old Motiur Rahman Nizami over war crimes during the country's war of independence 44 years ago. Nizami served as agriculture and industries minister in Khaleda Zia's 2001-2006 cabinet. The apex court upheld capital penalty for the Islamist party chief on 3 charges and life imprisonment on 2 charges. On Oct. 29, 2014, the International Crimes Tribunal (ICT-1) handed down capital punishment to Nizami for war crimes which include mass killings of intellectuals. According to the rules, Nizami has an opportunity to file a review petition against the verdict within 15 days. If his review petition is rejected, the last option for him will be to seek presidential mercy. Nizami was indicted in 2012 with 16 charges of crimes during the 1971 war. (source: Xinhua News) ************ Death warrant issued for Nizami The International Crimes Tribunal has issued the death warrant for convicted war criminal Motiur Rahman Nizami on Tuesday, hours after the Supreme Court released its full verdict upholding his death penalty. Confirming the news, Tribunal Registrar Shahidul Alam Jhinuk said: "3 judges of the ICT signed the death warrant around 9:05pm. The death warrant will reach the jail authorities by an hour. The copies of the death warrant have been sent to Dhaka Central Jail authorities, Dhaka District magistrate, Home Ministry and Law Ministry." Earlier in the day, the apex court released the 153-page judgment after its four judges concerned signed the verdict that upheld the Jamaat chief's death penalty. A copy of it was uploaded on the Supreme Court's website on Tuesday afternoon while its official said that they would send a copy to the International Crimes Tribunal. From there, copies will be sent to jail and district magistrate. The Home Ministry will also be notified. Nizami can move a review petition with the apex court in a last ditch attempt to escape the noose. Attorney General Mahbubey Alam said the countdown would start from the day of receiving a copy of the full verdict. Bangladesh's 1st war crimes tribunal handed Nizami death on October 29, 2014 on 4 charges and life imprisonment on 4 other charges. He challenged the verdict at the apex court. On January 6, a four-member Appellate Division bench upheld the tribunal's sentence for the Al-Badr chief for masterminding the killing of intellectuals and involvement in two incidents of mass killing of over 500 people in Pabna in 1971. His death sentences were upheld on 3 charges and life imprisonment on 2 charges. He was cleared of 3 charges. Nizami is the 3rd former minister after Jamaat leader Ali Ahsan Mohammad Mojaheed and BNP leader Salauddin Quader Chowdhury to get death penalty for his notorious role during the war. Nizami led Jamaat's erstwhile student wing Islami Chhatra Sangha from 1966 to September 1971 and was the chief of Al-Badr, known as Pakistan army's death squad in 1971. Al-Badr members were exclusively drawn from Chhatra Sangha. Throughout the war, he visited different areas of the country and delivered provocative speeches at rallies organised by Jamaat, Chhatra Sangha, Al-Badr and Razakars. He also wrote columns in newspapers justifying the formation of Al-Badr. The militia, which called itself the "angel of death", unleashed a reign of terror on pro-liberation Bangalees, killed unarmed civilians, raped women and destroyed properties during the war. The auxiliary force of the Pakistan army made its worst example by systematically rounding up, torturing and killing the intellectuals to cripple the country at the fag end of the war. Jamaat chief Nizami has never repented of the cold-blooded savagery. He was rehabilitated in Bangladesh politics after the assassination of Bangabandhu Sheikh Mujibur Rahman in 1975 and was made a minister during the BNP-led government 2001-06 tenure. What is next The government may start the procedure of executing the verdict after getting verdict copies and issuing of death reference. The convict will have to file the review petition within 15 days. If his review petition is rejected, he will get a chance to seek presidential mercy. The execution processes will be halted till then. If Nizami decides not to seek clemency or if the president denies it, he will be the second Al-Badr top leader after Mojaheed to walk the gallows finally. (source: dhakatribune.com) ************ Woman, lover get death penalty for husband's murder A Jessore court yesterday sentenced a woman and her lover to death for killing her husband in 2014. The convicts are Sabana Khatun, wife of victim Abdur Razzak of Ajmatpur village in Chowgachha upazila of Jessore, and her lover Abdul Ali. Judge Sharif Hossain of Jessore Additional Sessions Judge's Court also fined them Tk 50,000 each. According to the prosecution, Sabana along with Ali killed Razzak on March 9 in 2004 as the victim protested his wife's extramarital relation. The brother of the deceased Mintu Miah filed a case with Chowgachha Police Station in this connection the same day. On June 9 the same year, police submitted charge sheet against Sabana and her boyfriend Ali. After examining witnesses and evidence, the judge found them guilty and pronounced the verdict. (source: The Daily Star) ******************* Man sentenced to death for murdering wife 15 years ago A man has been sentenced to death for murdering his wife for dowry 15 years ago in Chandina, Comilla. Nur Nahar Begum, Comilla's additional district and session's judge, gave the verdict on Wednesday. Md. Sadek, the man slapped the death penalty, has been in hiding ever since the case was started. Case details show Sadek had killed his wife, Rokeya Begum, on the night of Jun 28, 2000 for failing to pay the dowry he demanded. He had slit his wife's throat after assaulting her and dumped the body the Chanshar stream. A few days later a body in a bag was found floating. The sack revealed Rokeya's decomposed body when opened. Mustafizur Rahman Liton, the state prosecutor, said Rokeya's uncle Shadatullah had lodged a complaint with the police, accusing 7 people. A charge sheet had been filed against Sadek after investigation. (source: bdnews24.com) From rhalperi at smu.edu Wed Mar 16 09:37:18 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 16 Mar 2016 09:37:18 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 16 SWAZILAND: Swazi lawmakers want death penalty to stay While the African Union's Commissioner on Human and People's Rights Pansy Tlakula wants Swaziland to abolish the death penalty, parliamentarians want murderers to be killed, APA learnt on Wednesday.While on a visit to Swaziland last week, Tlakula recommended that the Swazi government scraps the death penalty. Swazi lawmakers however say the high prevalence of cases of gender-based violence demand that the death penalty remains in force. They further argue that parents no longer raise their children the right way, hence there is an issue of moral decay. According to the Royal Swaziland Police Service's performance report, cases of violence against women and children, most of which are fatal, increased by 8 % this year. Deputy Prime Minister Paul Dlamini says the solution to this problem is the passing of the Gender-Based Violence Bill which is now in Parliament, and not the death penalty. (source: StarAfrica.com) SINGAPORE: Man, 68, charged in Changi General Hospital with murder of wife in Compassvale flat A 68-year-old man was charged in Changi General Hospital on Tuesday (March 15) afternoon with the murder of his wife at Sengkang on Sunday. No plea was taken from Kong Peng Yee, who is believed to have been injured. He allegedly caused the death of his wife, Madam Wong Chik Yeok, 63, at their Compassvale Crescent home between 11am and 4.35pm on Sunday (March 13). The housewife was found motionless in the living room of their 5-room flat. She was pronounced dead at about 5pm by paramedics at the scene. Kong, who has 2 daughters, will be remanded for psychiatric evaluation until his next appearance in court on April 5. If convicted of murder, he faces the death penalty. (source: Straits Times) ************ Nearly 2kg of cannabis, other drugs seized during 2 CNB raids----According to the Central Narcotics Bureau, the drugs seized are estimated to be worth more than S$64,000. Three suspected drug traffickers were also arrested. A total of nearly 2kg of cannabis and other drugs were seized on Tuesday (Mar 15), following 2 separate raids led by the Central Narcotics Bureau (CNB). In a press release on Wednesday, the CNB said the drugs seized are estimated to be worth more than S$64,000. Supported by the Singapore Police Force, 3 suspected drug traffickers were also arrested during the raids. The 1st raid was conducted on Tuesday afternoon at a unit in Marsiling. 2 suspected drug traffickers, both Singaporean males aged 41 and 42, were arrested within the unit. About 940g of cannabis and small amounts of "Ice" and heroin were recovered from the unit. The 2nd raid was at Woodlands on the same day. Officers arrested a suspected drug trafficker, a 29-year-old Singaporean male, at one of the units. About 1kg of cannabis and an assortment of other drugs were recovered from that unit. Those convicted of trafficking in more than 500g of cannabis may face the death penalty. Investigations into the drug activities of the arrested suspects are ongoing, said CNB. (source: channelnewsasia.com) PAKISTAN: Climber killer among 13 sentenced to death by Pakistan military Military courts in Pakistan have sentenced 13 militants to death for terrorism-related offences including the 2013 massacre of 10 foreign mountaineers, the army said Tuesday. Tehreek-e-Taliban Pakistan (TTP) member Irfan Ullah was sentenced for the attack on the base camp at Nanga Parbat, Pakistan's second highest mountain, which shocked the world and scarred the country's climbing tourism industry. Gunmen dressed in police uniforms stormed the camp and shot dead 10 foreign mountaineers -- including 1 American with dual Chinese citizenship, 2 other Chinese, three Ukrainians, 2 Slovakians, 1 Lithuanian and 1 Nepalese and a Pakistani guide. "Today Chief of Army Staff confirmed death sentences awarded to another 13 hardcore terrorists, who were involved in committing heinous offences relating to terrorism, including killing of foreign tourists at Nanga Parbat," the army said in a statement. The other 12 had been charged with various severe crimes from attacking schools and an airport, to killing security officials, civilians and damaging helicopters. Pakistan has hanged more than 300 people since lifting a moratorium on the death penalty in December 2014, many of them convicted in closed military courts which critics say fail to meet fair trial standards. The nuclear-armed South Asian nation lifted the 6-year moratorium and amended the constitution to allow military courts to try hardcore militants after Taliban gunmen killed more than 150 people, most of them children, at an army-run school in Peshawar on December 16, 2014. In June 2014, the army launched an operation in a bid to wipe out militant bases in North Waziristan tribal area and end the bloody decade-long Islamist insurgency that has cost thousands of lives. Pakistan has been battling a homegrown Islamist insurgency for more a decade following its decision to side with the US-led coalition against the Taliban in Afghanistan. (source: Agence France-Presse) From rhalperi at smu.edu Thu Mar 17 08:47:59 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 17 Mar 2016 08:47:59 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, FLA., MISS., LA., OHIO, ILL. Message-ID: March 17 TEXAS----impending execution Appeals court denies stay of execution for Adam Kelly Ward The state's highest criminal appeals court has denied a stay of execution for a Commerce man, who claims he was mentally ill when he shot and killed one of the city's code enforcement officers almost 11 years ago. Adam Kelly Ward is set to die on the evening of March 22 and was convicted of capital murder in connection with the 2005 death of Michael "Pee Wee" Walker. The Texas Court of Criminal Appeals this week denied a stay of execution for Ward, one of the last appeals which can be filed before Ward faces death by lethal injection. The court's ruling: "In his application, applicant makes a single claim that evolving standards of decency should exempt him from execution because he is a severely mentally ill individual. After reviewing his application, we have determined that applicant has failed to meet the dictates of Article 11.071, # 5. Accordingly, we dismiss the application as an abuse of the writ without considering the merits of the claim, and we deny his motion to stay the execution." The Texas Court of Criminal Appeals, in a February 2010 ruling, also denied an appeal raised by Ward. Last fall, the U.S. Supreme Court refused to hear an appeal of Ward's 2007 conviction and sentence to death by lethal injection for the 2005 death of Michael "Pee Wee" Walker. In January 2015 the 5th U.S. Circuit Court of Appeals also rejected Ward's formal appeal. Ward's attorneys had argued Ward's trial counsel was deficient. The court also denied a writ of habeas corpus filed in Ward's behalf in 2014. In the writ, Ward contended his conviction and death penalty sentence were unconstitutional because he received ineffective assistance of trial counsel, was not tried by an impartial jury, and is severely mentally ill. The court reviewed the case and in a 63-page opinion denied the writ in a unanimous ruling, also noting Ward failed to make a substantial showing of the denial of a constitutional right. Ward's defense counsel then filed the formal appeal with the court. Walker was working as a code enforcement officer for the City of Commerce and shortly after 10 a.m. on June 13, 2005 he was taking photos of alleged code violations at the home where Ward lived on Caddo Street. The 2 engaged in a verbal altercation, which ended when Ward shot Walker as many as 9 times with a .45 caliber semi-automatic pistol. In order to have been convicted of capital murder, the prosecution had to show Ward knowingly and intentionally either obstructed Walker's ability to do his job or retaliated against Walker for doing his job as a public servant, while in the course of committing the murder. Defense attorneys attempted to show Ward may have been psychotic and suffering from paranoid delusions at the time of the shooting. Ward was found mentally competent to stand trial in a separate hearing which occurred even as a jury was being impaneled to consider guilt or innocence on the capital murder charge. (source: Herald Banner) FLORIDA: Judge rules death penalty still applies in 2 Bradenton murder cases A judge has ruled the death penalty remains a potential sentence for 2 accused murderers in separate high profile cases in Bradenton. Circuit Court Judge Diana Moreland ruled that the death penalty was never completely invalidated by a recent Supreme Court decision. The judge said the previous capital sentencing statute still served as a deterrent, warning Devin Chandler and Terez Jones of the punishment they could face if they committed 1st-degree murder. Moreland issued similar orders in both cases, denying the defense motions to strike the state's intent to seek the death penalty and to find the death penalty is no longer a potential sentence. Chandler is charged with 2 counts of 1st-degree murder and armed robbery in the fatal shooting of brothers Khasem Yousef, 23, and Faares Yousef, 17, on Labor Day in their family's convenience store in Palmetto. Jones, 33, along with Jimmie McNear, 19, and Trey Nonnombre, 19, were indicted on 2 counts of 1st-degree murder in the July 9 fatal shootings of Esther Deneus and her boyfriend, Kantral Markeith Brooks, both 29, during a home invasion at their Bradenton residence. If convicted of 1st-degree murder, Jones and Chandler will each face the death penalty or life in prison. Chandler had attempted to change his plea to a plea of guilty but Moreland denied accepting his plea until the issues surrounding the state's intent to seek the death penalty were resolved. Florida's death penalty, which was reestablished in 1976, had been in limbo after the U.S. Supreme Court ruled Jan. 12 in Hurst v. Florida that it was unconstitutional for a judge, and not a jury, to make the final decision to sentence a murderer to death. Assistant Public Defender Franklin Roberts and Assistant State Attorney Art Brown argued the issues surrounding the death penalty before Moreland during a hearing on Feb. 24. Brown argued that the motions be continued until after March 11 when the state legislature session ended. Moreland cited another Supreme Court decision from 1977, Dobbert v. Florida, and said the state had the right to give notice of its intent and that at the time of the slayings the death penalty was an option. Both attorneys had been asked to submit written briefs on the Dobbert decision. After reviewing those briefs, Moreland issued her written ruling in both cases on Thursday. On March 7, Gov. Rick Scott signed into law House Bill 7101 making the necessary changes to Florida's capital sentencing statute addressing the concerns raised in Hurst v. Florida. "Contrary to the general premise of defendant's pending motions, Hurst did not completely invalidate the death penalty in Florida; rather, the Supreme Court deemed the procedure used to arrive at that penalty constitutionally flawed to the extent that the 'capital sentencing scheme' did not require the jury to make the critical findings necessary to impose the death penalty," Moreland wrote. "As in Dobbert, this court finds the recent change in Florida's capital sentencing legislation, via enactment of HB 7101, to be procedural (not substantial) as it simply alters, in compliance with Hurst, the methods required for determining whether the death penalty is warranted," Moreland wrote. (source: Bradenton Herald) MISSISSIPPI: Death row survivor shares her story with UCM Sabrina Butler, a Mississippi native, was 17 years old in 1989 when she left her sleeping son at home in his bed while she went for a jog. 27 years later, the exonerated death row survivor came to campus to share her story with the UCM community about her life experiences in and out of prison. Approximately 800 people filled Hendricks Hall on March 2 to hear Butler speak about being wrongfully convicted of murdering her 9-month-old son. "The purpose for bringing her to campus was to provide an opportunity for our campus and community to meet somebody who has experienced injustices in our criminal justice system," said Ashley Wellman, UCM assistant professor of criminal justice. Butler said when she arrived at the hospital that spring night, the doctors took her son from her, and it felt like forever before they returned to tell her that her son Walter had died. "The 1st thing that came to my mind was that my son was gone and I'm in trouble," Butler said. "But never in a million years did I think that I would be charged with murder. I thought that I would be in trouble for leaving him at the house by himself." Butler was wrongfully charged with capital murder. She stayed in the city jail for two weeks before being moved to the county jail. From there, she went to a mental institution where she spent eight weeks of what she calls one of the scariest times in the whole experience because of her proximity to so many criminally insane people. "After that, I went back to the county jail where I sat a year before trial," Butler said. Butler said there wasn't anybody in the courtroom to help her; they just did what they wanted. Her jury makeup consisted of 2 black people; the majority was white. Butler's lawyers advised her not to take the stand. "To sit there and be accused of killing my son was hard," Butler said. "That was my son - I did what I could to save him." The jury found Butler guilty and sentenced her to death. Her date of execution was set for July 2, 1990. A month after the trial, she was transported to prison. "When I got to prison, I had to go into intake: shackled, around my wrists, my ankles and waist," Butler said. "They humiliate you, take off all your clothes, put bug spray in your hair, take fingerprints, take pictures. You're no longer a human, you're a number." She spent 2 years and 9 months on death row. "July 2 was the day that I paced the floor, listened for every chain, every sound because, I thought that was the day that I was going to die," she said. "If it hadn't been for the other death row inmate on the other side of me, I don't think I would've made it through." Butler had hope when her sentence was overturned in 1992. She thought she was free, but she was sent back to county jail for another 3 years before her 2nd trial. Butler finally made headway with her case when she ended up with a new set of attorneys who proved that what Walter died of was hereditary. Her 13-year-old daughter is battling the same disease today. "It's been a battle because I'm pretty much going through the same thing with (my daughter)," Butler said. "Having to go to the doctors and things every 3 months. They say there's nothing they can do to save her kidneys. So it's not (like) I just stopped there." Butler walked out of prison as a free woman when she was exonerated Dec. 18, 1995. While Butler said she never plans on stepping foot in a prison ever again, she continues to speak across the country to educate people about the flaws in the criminal justice system. "I try and speak as often as I can because I want people to know that what can happen to you when you're young and don't understand law - they just took advantage of me," she said. "I try to do this to bring awareness as to what's going on in the systems. We need a change, and it's racially biased. And that is not right, but it's a known fact." When she talks on college campuses, Butler aims to speak to students who are looking to make a change in the system. "I want people to get into some of these positions: lawyers, judges, doctors, police officers," she said. "I want good people to get in and learn the system and know how to look for things and they can make a change. It's a lot of corruption in politics, in death penalty, in prison systems, all of that." Wellman said she was thrilled with how the event went and feels that the attendees benefited from the experience. "I think it's important for them to learn from a human being and not just a textbook that our decisions have consequences that effect people lives," Wellman said. Mojdeh Khoshnavaz, senior criminal justice major, said the presentation was phenomenal and she was impressed with how openly Butler shared her story. "I am a criminal justice student, and I know the criminal justice system has its flaws," Khoshnavaz said. "It's not a perfect system, and it never will be." Diego Ramos, a junior social work major who attended the event for an assignment in his criminal law and procedures class, said the presentation inspired him to try and make sure that what happened to Butler doesn't happen to anyone else. "You could feel her suffering and emotions through the way she spoke about everything that happened to her," Ramos said. "She is a real warrior for being able to go through all of that and now after a long time being able to look back at what happen and be able to joke a little about it." As for now, Butler said she lives her life positively. "Today, I live my life in bliss," she said. "I don't deal with a lot of people that just come and vomit their negativity. I try to live as happy as I can. The things that I took for granted when I went in are the air, the trees, the grass. It's all beautiful." (source: digitalburg.com) LOUISIANA: Convicted serial killer Derrick Todd Lee cause of death released The West Feliciana Parish Coroner's office has released the cause of death for convicted serial killer Derrick Todd Lee. According to the Coroner's Office, Lee died of heart disease on January 21st, several days after being moved from Angola State Prison's death row to a nearby hospital. Lee was convicted of killing 2 women in 2002. He received a sentence of life in prison for the murder of 21-year-old Geralyn Desoto and got the death penalty for the murder of Charlotte Murray Pace. Lee was connected to the murder of 5 other women between 1988-2003, but he was never tried for those crimes. An autopsy was performed on Lee's body, but the corner's office says it won't release any other information on Lee's death at this time. (source: WGNO news) OHIO: Death Row Inmates Become Political Rag Dolls The Ohio Supreme Court has recently decided that death row inmate Rommell Broom will get a 2nd chance, not at life, but to be executed a second time after a botched execution forced the state to delay. The Virginia Gazette reports that executioners were unable to find a vein for the lethal drugs to take hold in 2009, but the courts made a decision based on whether the drugs entered the body of the death row inmate, as a technicality. This is ironic because a wrongly convicted death row inmate and now exonerated man named Ricky Jackson, was one of the few in the audience of the recent Democratic debate in Ohio, who directly questioned Hillary Clinton about her support for the death penalty. The presidential candidate's response stayed within the realm of supporting executions before she explained that death row should only be for those who commit the most extreme crimes, such as terrorism. "In 1975, I - along with my 2 childhood friends and co-defendants Wiley Bridgeman and Kwame Ajamu - was wrongfully convicted and sent to death row for the murder of a white businessman that occurred in our predominantly poor and black neighborhood in Cleveland." Ricky Jackson basically says that people should move further away from supporting the death penalty and in the article, he takes a more philosophical approach to how the American people should decide on who should end up on death row, even with some of the already mentioned extreme crimes. Current Ohio Governor and Republican presidential candidate John Kasich is mentioned in an article from last year in the Columbus Dispatch as largely supporting capital punishment, but still allowed clemency as pressure was building to abolish the death penalty even though he still allowed the execution of 12 death row inmates during his first 4 years in office. It's mentioned that most Ohioans still support the death penalty, but also that there is a noticeable yet gradual drop of that support. A wider nationwide Gallup poll taken in October of last year shows similar results. During the debate, Hillary Clinton did say that something had to be done in light of the states wrongly executing innocent people, and currently, Ohio has halted executions until 2017 due to a shortage of lethal injection drugs. An article on Cleveland, which was published in December, writes about the state's current situation with trying to find a way around the drug problem, even creatively pushing the limits of the law to find unwilling drug makers or that obtaining the drugs from other countries is illegal. The fact that they haven't yet found a solution and Kasich's delay to do so is often seen as a sign of weakness in politics, especially in a society that still favors capital punishment and continues to hold more people in death row. One case of getting around the issue of the lack of lethal drug supply has made headlines recently with states such as Virginia, who are reverting to methods once deemed cruel and unusual as state legislators passed a bill to be able to use the electric chair as an option. As of this writing, the bill has yet to make it to the governor's desk, who has said he would have to look into it. The Washington Post describes the forming of the bill that was debated for its vague language, which also gave too much credibility to a reason for it to stall in the senate, which Sen. Richard H. Stuart (R-Stafford) would not allow. Currently, 8 states still use the electric chair as an option, it has not been entirely banned but was slowly phased out in most states due to the popularity of lethal injection drugs. Unless the states are forced to make the choice, the decision has mostly been left up to the death row inmate as to how they would want to be executed. This has also been the case with the state of Utah where they decided to use firing squads and very recently, according to the San Diego Union Tribune, an effort to abolish the death penalty failed to win the last vote(s) needed before the deadline. The Washington Post describes that Ricky Jackson was given $1 million by the state for being wrongfully convicted and has been out of jail since 2014. He also says that he's an undecided voter and this will be his 1st election to vote since released from death row. There is no doubt that Rommell Broom will be put on death row again but at this time, there is no information as to when the state will make another attempt to execute him. (source: inquisitr.com) ************* Court: Inmate who survived '09 execution can be put to death The state can try again to put to death a condemned killer whose 2009 botched execution was called off after 2 hours, the Ohio Supreme Court said Wednesday. The court by a 4-3 vote rejected arguments by death row inmate Romell Broom, whose attorneys said giving the state prisons agency a 2nd chance would amount to cruel and unusual punishment and double jeopardy. Prosecutors had argued double jeopardy doesn't apply because lethal drugs never entered Broom's veins while executioners unsuccessfully tried to hook up an IV. They also said a previously unsuccessful execution attempt doesn't affect the constitutionality of his death sentence. With a federal appeal of the ruling likely, a 2nd execution is years away. In addition, Ohio already has more than 2 dozen death row inmates with firm execution dates but no lethal drugs to put them to death with. Justice Judith Ann Lanzinger sided with the state in the case, saying the execution never began because the drugs were never administered. "Because Broom's life was never at risk since the drugs were not introduced, and because the state is committed to carrying out executions in a constitutional manner, we do not believe that it would shock the public's conscience to allow the state to carry out Broom's execution," Lanzinger wrote. The majority opinion said it was unclear why Broom's veins couldn't be accessed, a fact that brings the rejection of his appeal into question, Justice Judi French wrote in a dissent. "If the state cannot explain why the Broom execution went wrong, then the state cannot guarantee that the outcome will be different next time," French said. Broom was sentenced to die for raping and killing 14-year-old Tryna Middleton after abducting her in Cleveland in 1984 as she walked home from a football game with 2 friends. His 2009 execution was stopped by then-Gov. Ted Strickland after an execution team tried for 2 hours to find a suitable vein. Broom has said he was stuck with needles at least 18 times, with pain so intense he cried and screamed. An hour into the execution, the Department of Rehabilitation and Correction recruited a part-time prison doctor with no experience or training with executions to try - again, unsuccessfully - to find a vein. Broom's appeals in federal court were on hold while the state court heard the constitutional arguments. Broom, 59, has been back on death row since. No new execution date has been set. A message was left with Broom's attorneys seeking comment. The state's top public defender said it's long been understood that the government gets 1 attempt at an execution. "Whether you believe it's the hand of God or just basic government failure, as happened in this case, they don't get to do this again," Tim Young, head of the Ohio Public Defender's Office, said Wednesday. Ohioans to Stop Executions, the state's leading anti-death penalty group, criticized the ruling, saying the 18 times Broom was stuck with needles as he lay strapped to a gurney demonstrate the execution had begun. Requiring Broom to endure another execution attempt would double up his punishment by forcing him to relive the pain he's already been through, his attorneys, Adele Shank and Timothy Sweeney, argued in a court filing last year. During a June hearing, Chief Justice Maureen O'Connor asked Shank about a prison official's testimony that Broom may have caused the problems with his veins by ingesting an entire box of antihistamines the day before to dehydrate himself. Shank, in seeking to rebut the state's argument about purposeful hydration, said she saw Broom drinking coffee the day of the execution. Chris Schroeder, an assistant Cuyahoga County prosecutor, said the antihistamines allegation was not part of the state's argument. In 1947, Louisiana electrocuted 18-year-old Willie Francis by electric chair a year after an improperly prepared electric chair failed to work. The U.S. Supreme Court ruled 5-4 to allow the 2nd execution to proceed, rejecting double jeopardy arguments. A state's administration of its criminal law isn't affected by due process rights, when "an accident, with no suggestion of malevolence, prevents the consummation of a sentence," the court ruled at the time. Ohio prosecutors said lower courts properly determined that any mistakes happened during Broom's execution preparations, not the actual procedure. Schroeder said the evidence shows that the state wasn't deliberately trying to hurt Broom and that nearly 2 dozen successful executions since 2009 mean such an event couldn't happen again. (source: Associated Press) ILLINOIS: Sen. Raoul Reflects on 5 Years Since Abolition of Death Penalty "The struggle against the discriminatory, unreasonable or ineffectual application of our laws did not end with the abolition of capital punishment ... The case for reform is clear." State Sen. Kwame Raoul (D-Chicago 13th) reflected last Wednesday on the fifth anniversary of the signing of legislation he sponsored to abolish the death penalty in Illinois. "When I introduced legislation to end capital punishment in Illinois, I was motivated by new revelations concerning individuals who were on death row for crimes they had not committed," Raoul said. "Unfortunately, many of the same factors that enabled that shameful situation are still present in our system, and accordingly, we have expanded our efforts to encompass not only the enduring problem of wrongful convictions and false confessions, but policies and cultures that produce unjust outcomes and do not make our communities safer." In the years since death penalty abolition, Raoul has continued to push legislation addressing law enforcement misconduct; prison overcrowding; racial disparities in traffic stops, arrests and sentencing; DNA testing backlogs; the need for reform in juvenile justice and more. He has sponsored programs that offer alternatives to incarceration for non-violent offenders, and he has supported funding for Redeploy Illinois, which provides grants to courts and counties that adopt innovative, data-driven models to rehabilitate offenders and reduce recidivism. Having served on the governor's Criminal Justice and Sentencing Reform Commission, Raoul is now working to ensure passage of legislation that would implement many of the recommendations the task force issued. "The struggle against the discriminatory, unreasonable or ineffectual application of our laws did not end with the abolition of capital punishment; in many ways, that legislation and the debate surrounding it were only the beginning," Raoul said. "The good news is that the past five years have seen the rapid rise of bipartisan interest in smarter strategies to improve public safety and end racial disparities. Whether we're talking about the economic impact of ex-offenders being unable to find jobs, the social impact of extremely high incarceration rates in certain neighborhoods or the budgetary impact of recidivism, the case for reform is clear." "We are making a noticeable dent in the considerable problems still facing Illinois' justice system," Raoul said. "I believe the prospects for progress are better now than ever." (source: The Chicago Citizen) From rhalperi at smu.edu Thu Mar 17 08:49:32 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 17 Mar 2016 08:49:32 -0500 Subject: [Deathpenalty] death penalty news----KY., MO., ARIZ., CALIF., USA Message-ID: March 17 KENTUCKY: Prosecutor right to seek death penalty in Doolin case ---- Suspect innocent until proven guilty, but heinous case meets criteria Like many of Kentucky's laws, the death penalty exists for good reason. Those who commit the most heinous crimes, such as aggravated or premeditated murder, deserve to have the death penalty sought against them. If a person who has committed murder falls under the statutes that qualify him or her for a death penalty prosecution, it should be sought in circumstances when the family of the victim and prosecutor are in accord. In Kentucky, the death penalty isn't sought as often as in other states when it pertains to murder. Many times, a prosecutor will consult with the victim's family members and law enforcement to determine whether to pursue the death penalty. Sometimes surviving family members want the death penalty for the person suspected of killing their loved one, and in other cases they ask the prosecutor to send the suspect away for life. The opinions of the family should be respected by the prosecutor, and we believe they are in most murder cases in our state. If any case cries out for death penalty prosecution, it is the case against Timothy Wayne Madden of Scottsville, who is accused in the death of 7-year-old Gabriella "Gabbi" Doolin. Madden is charged with murder, kidnapping, 1st-degree rape and 1st-degree sodomy in the death of Gabbi, whose body was found in a creek behind Allen County-Scottsville High School on Nov. 14. (source: Editorial, Bowling Green Daily News) MISSOURI: 2 decades after murders, Lake of the Ozarks family still looking for justice----Convicted murderer Carmen Deck's continuing existence haunts the family of James and Zelma Long as does the push in some quarters to abolish the death penalty. 2 decades after the murder of a DeSoto, Mo.,couple with ties to the Lake of the Ozarks, their killer is still alive, appealing his death sentence though not his guilt. Convicted murderer Carmen Deck's continuing existence haunts the family of James and Zelma Long as does the push in some quarters to abolish the death penalty. On July 8, 1996, James and Zelma Long were killed in DeSoto by Carmen Deck who fired 2 gunshots into each of their heads during a burglary of the Longs' home. Jim was 69 years old and Zelma, 67. The Longs had stayed in DeSoto for the weekend for a wedding, according to Karen Long, married to Jim and Zelma's son Bill.Bill and Karen are now full time residents of Lake Ozark. Normally, Jim and Zelma would have been at their 2nd home on the Lake of the Ozarks. According to Karen, spending weekends at the Lake was the Longs' typical routine. Jim and Zelma had loved Lake life - a balm after the death of their son in a car accident in 1972. They each had their own boat and would often go out crappie fishing, competing for the best catch. Among their neighborhood, Karen said, they were known for their annual holiday fish fries that close to 100 relatives and friends would attend. "He knew they were usually gone on the weekends," said Karen. At the family's Lake home on the weekend of the murder, Karen answered the phone to a "terrible whispering" - her sister-in-law (Jim and Zelma's daughter) breaking down saying over and over "mom and dad are dead." Karen gave the phone to Bill who got the awful news that his parents had been murdered. Arrested the same day as the murder, Deck gave full accounts of what happened and was convicted in 1998 by a Jefferson County jury of 2 counts of 1st degree murder, 2 counts of armed criminal action, 1st degree robbery and 1st degree burglary. On April 27, 1998, Deck received 2 death sentences for the murders, concurrent life sentences for the 2 counts of armed criminal action, consecutive sentences of 30 years imprisonment for robbery and 15 years for burglary. He has since been through multiple appeals of his death sentences - 1 going all the way to the U.S. Supreme Court. The death sentences have been tossed out in the appeals process twice based on technical issues during sentencing (1 from a missing line in the jury's written instructions that the judge read to the jury, and the other that went to the U.S. Supreme Court arguing bias was created because Deck was shackled during sentencing). Each time his death sentences have been thrown out, Deck has been resentenced to death again, the last being in 2008. "What have we learned in 2 decades? We have learned this murderer is still guilty of pressing a gun to the scalp of 2 innocent people and pulling the trigger 4 times. Not in all the do-overs since 1996 has one attorney been able to say this was not true," wrote Karen in a letter to Lake Media. According to Karen, in the appeals that went to the U.S. Supreme Court, the original jurors were not aware he was even shackled and assumed he was supposed to be for their safety. "The jurors were seated after him; boxes of case files blocked much of their view of him. He had a free hand to flip his hair and touch his lawyer and laugh at us, the jury, and the entire system," she said. In a later interview, Karen commented, "It's all a game to them [criminals], working the system. But this has destroyed Bill's family. His parents were the nucleus of the family." Now at the federal level in a new appeal, the case has "languished" in the United States District Court, District of Missouri Eastern Division, since 2013. "While 1 judge sat on it with no deadline, finally recusing from the case and causing the case to be assigned to another judge. It still has the 2 more courts to go through before being finished," said Karen, who wonders whether he will actually be executed for the murders or if he will just die in prison of natural causes. It's important to her and the Long family, she said, that he be executed and not just pass away in prison. "Most of our family had never given the death penalty much thought before that time; now we were immersed in it," wrote Karen. "We only knew we wanted justice for something so cold, so vile, and so unbelievable that yet today it still seems like a nightmare we cannot awake from. However, nearly 20 years later, we are still waiting for that wheel of justice to turn. Jim and Zelma's friends are nearly gone, as are their siblings; none seeing what they thought would be a fulfillment by our judicial system. Their children are now reaching the age their parents were when time stopped." As the 20th anniversary of the murders nears, family members of James and Zelma feel that justice has yet to be done with Deck still alive and still appealing. As time goes on, the family - also victims of Deck's - continues to be hurt by a system that drags out the process and remains uncertain, as the case faces continual appeals over technicalities and a bill to eliminate the death penalty in Missouri is filed every session. Bill and Karen Long have been advocates of the death penalty since the sentence was first issued against Deck. While they used to attend all the appeals hearings that they could and testify to the state legislature in favor of the death penalty, they've slowed down in the last few years as the system continues to cause frustration. 44 at the time of his parents' death, Bill is now 64 and not in the best of health. "I'm tired of being told to forgive. You don't know until it happens to you what it's like. This isn't about forgiveness. It's about the law. 3 juries have all agreed, and they've picked it apart, picked it apart and picked it apart," she said. In the meantime, Deck has shown no regret or remorse for what he did, said Karen, only appealing on technicalities, never disputing his actions. In her letter, Karen wrote, "They like to say how expensive the death penalty is compared to Life in Prison, but they're not sure if they're talking Life without parole or just life. They're not sure if there has even been a true cost comparison in Missouri, some are not even aware Missouri does not have a death row. Please don't even mention colors, we all bleed red - the law is black and white. We have been told the public doesn't care if we lose the death penalty for the most heinous of crimes, such as in our case, 2 people shot execution style in the bedroom they shared for 49 years. They don't believe that most family victim members are frozen for decades following and can barely become motivated to go to work, complete daily living activities. They are just hanging on, unable to advocate for their loved ones." Karen pointed out that there has never been a full study of the cost of the death penalty in Missouri, which does not have a separate death row but houses those convicts in general population in the maximum security Potosi Correctional Center. She has become disillusioned, too, with legislators who first sought to use the aging case for their agenda but just as often now don't want to deal with a topic that is no longer a buzzword in politics - the lives and deaths of Jim and Zelma becoming a political football that now has become too messy to touch. (source: lakenewsonline.com) ARIZONA: Court to review ruling that overturned man's death sentence The Arizona Supreme Court has agreed to review a trial judge's decision that threw out a death sentence for a man convicted of killing a prostitute in Phoenix in 1993. The state high court said Tuesday it will schedule oral arguments on prosecutors' appeal of a 2015 ruling by now-retired Judge Roberts Gottsfield in the case of Darrel Peter Pandeli. Gottsfield ruled that Pandeli's former attorney was "deficient" in presenting evidence during Pandeli's original sentencing and that jurors weren't told the defendant suffered from a mental illness that affects his brain function. The judge ordered a new penalty phase trial. Pandeli was convicted for the 1993 killing of 43-year-old Holly Iler. She was found in an alley with her throat slashed and her breasts cut off. (source: Associated Press) CALIFORNIA: American Bar Association president supports clemency for Chino Hills convicted killer Kevin Cooper The president of the American Bar Association is urging Gov. Jerry Brown to grant notorious Chino Hills convicted killer Kevin Cooper, now on death row, clemency. President Paulette Brown cast "considerable doubt" that Cooper received due process and constitutional guarantees in his arrest, prosecution and conviction in a letter she sent Gov. Brown on Monday. In March 1985, a jury found Cooper guilty of the June 4, 1983, murders of chiropractors Doug and Peggy Ryen, their 10-year-old daughter Jessica Ryen and visiting neighbor Chris Hughes, 11. Joshua Ryen, the couple's 8-year-old son whose throat was cut, was the sole survivor of an attack that took place in the Ryens' home. The ABA president's letter asserts "Cooper's arrest, prosecution and conviction are marred by evidence of racial bias, police misconduct, evidence tampering, suppression of exculpatory information, lack of quality defense counsel and a hamstrung court system." A spokesman for the governor said he will not comment at this time on the association's plea or Cooper's clemency petition, filed in February. Paulette Brown's letter says substantiated evidence of bias and misconduct by the San Bernardino County Sheriff's Department and District Attorney's Office point to the possible miscarriage of justice and lack of due process as guaranteed by the U.S. Constitution and according to bar association policies. In supporting clemency, the only recourse left to Cooper - who has exhausted all other legal avenues before state and federal courts - Brown wrote: "The likelihood of injustice in this case is too considerable to allow Mr. Cooper's execution to proceed without additional and careful review in the clemency process. We request that you grant this reprieve and order a meaningful investigation into Mr. Cooper's case to prevent the possibility of a miscarriage of justice - one that can never be undone." In November 2015, the U.S. Ninth Circuit Court of Appeals reversed a federal district court ruling that declared California's death penalty unconstitutional, clearing the way for the state to resume executions. On Feb. 17, Sacramento attorney Norman C. Hile and Oakland attorney David T. Alexander, attorneys for Cooper, submitted a petition for clemency to Gov. Brown and additionally requested the governor order all documents, DNA and chemical tests and test results, and physical evidence, particularly those items withheld or excluded from Cooper's defense teams since June 1983, to now be released to Cooper's current attorneys, defense team and the governor's office for a more thorough investigation. The clemency petition - a 235-page document that alleges tampering and misconduct in the case - also asks Gov. Brown to authorize a new hearing to determine Cooper's guilt or innocence and to investigate violations of his legal, civil and human rights by San Bernardino County, state and court law enforcement and judicial officials. Cooper's clemency plea and request for a review hearing are also supported by numerous parties, including FBI agents, jurors who originally convicted Cooper and recommended the death penalty, expert forensic scientists, eyewitnesses and individuals whose information was never revealed to the defense team. In her letter, the ABA president said the Cooper case has garnered national and international attention, including a nearly unanimous conclusion by the Inter-American Commission on Human Rights that Cooper's conviction and sentence violated his human rights. While the U.S. representative on the commission is prohibited from voting on an U.S. case or investigation, all other commissioners concluded the Cooper case is "a particularly unique example of a criminal justice system falling short at every stage," Paulette Brown wrote. Her letter is bolstered by a 100-page opinion written by appellate Judge William Fletcher, who disagreed with the majority in a federal appellate court's refusal to rehear the case before the full judicial panel. Fletcher's dissent begins: "The state of California may be about to execute an innocent man." 5 other judges joined his dissent. Cooper's claims came to the American Bar Association's attention because they "implicate a variety of our policies designed to ensure that, (in death-penalty cases), we first have confidence that the process has been fair and all compelling claims have been subject to meaningful review," the ABA president wrote. "Specifically," she continued, "the ABA is greatly concerned that although Mr. Cooper has exhausted all of his legal appeals, evidence has emerged in the more than 30 years since his arrest that continues to cast doubt on his conviction and that has never been comprehensively examined by any court." The U.S. Supreme Court and the bar association consider clemency as a "fail-safe" function within the capital-punishment system, Paulette Brown wrote. "Robust review and investigation" is especially needed in the Cooper case, she noted, "given the state's admitted mishandling and destruction of forensic evidence essential to the accurate resolution of this case." (source: Daily Bulletin News) ***************** Bar association asks for reprieve, review in 1980s murder case The American Bar Association wants Gov. Jerry Brown to issue an executive reprieve and order a review of guilt or innocence for Kevin Cooper, sentenced to death in 1985 for the knife-and-hatchet slayings of four people, 2 of them children, in Chino Hills. Cooper has exhausted all of his appeals and is expected to be among the first scheduled for San Quentin's death chamber when California resumes lethal injections 1983 murders. The last inmate executed in California was in 2006. The ABA wants the reprieve to be in effect "until the investigation necessary to fully evaluate his guilt or innocence is completed," saying that evidence has emerged in the last 30 years since Cooper's arrest that "continues to cast doubt on his conviction and that has never been comprehensively examined by any court," wrote ABA President Paulette Brown. The bloody June 4, 1983, attack for which Cooper was convicted took the lives of Doug and Peggy Ryen; their 10-year-old daughter, Jessica; and neighbor Christopher Hughes, 11, who was staying overnight at the Ryens' home. The boy was a friend of the Ryens' 8-year-old son, Joshua, who survived the attack with a slashed throat. The slayings took place 2 days after Cooper had escaped from the nearby California Institution for Men in Chino. Cooper admitted hiding in a vacant house near the Ryen home, but he denied killing anyone. Brown said in her letter while her organization "takes no position on the death penalty per se, we have a strong interest in ensuring a fair and accurate justice system." San Bernardino County District Attorney Mike Ramos said he was " disgusted by the comments made by the President of the American Bar Association and the fact that they show no concern or respect for the victims and their families in this case." The ABA president cited several matters that she said raised questions for the ABA, including law enforcement's pursuit of Cooper, who is black, "despite considerable evidence pointing to multiple? white or Hispanic perpetrators," include Joshua Ryen's initial description of "3 white or Hispanic men" as the perpetrators. She also mentioned other matters that Cooper's attorneys have raised in their appeals, including: - A pair of bloody coveralls that a woman had given police and said they had been worn by her boyfriend, a convicted murderer, and might have linked him to the slayings. The coveralls were thrown away without any forensic testing. -A blue shirt, possibly with blood on it, found near the attack and recorded on police logs but never handed to Cooper's defense attorneys. Police now say the shirt doesn't exist and was likely mistaken for a tan T-shirt also found near the scene. - DNA evidence collected from the T-shirt that the defense has challenged as possibly planted, and which the ABA says has not been conclusively resolved, along with other DNA issues. "Mr. Cooper's arrest, prosecution, and conviction are marred by evidence of racial bias, police misconduct, evidence tampering, suppression of exculpatory information, lack of quality defense counsel, and a hamstrung court system," Brown wrote She said in her letter that the ABA would like Gov. Brown to take action based on Cooper's petition for executive clemency, which is now before the governor. (source: The Press-Enterprise *************** Prosecution Rests Case in Trial of Alleged 'Grim Sleeper' Serial Killer After Showing Homemade Sex Tape and Interrogation of Lonnie Franklin The prosecution rested its case in the Los Angeles trial of Lonnie Franklin, the alleged "Grim Sleeper" serial killer, after calling more than 40 witnesses. Franklin, a 63-year-old married father of 2 and former LAPD mechanic and city sanitation worker, is accused of murdering 10 women and attempting to murder another. He faces the death penalty for his alleged 23-year murder spree. He has pleaded not guilty. His trial began February 16. Prosecutors Beth Silverman and Marguerite Rizzo have painted Franklin as an opportunistic killer who preyed on vulnerable young women with drug addictions. His alleged victims were discovered in alleyways in South Los Angeles starting in 1984. Most of Franklin's alleged victims were shot with a .25-caliber pistol while others were strangled. Prosecutors say Franklin is linked to the murders through DNA and ballistics evidence. During the trial, jurors heard testimony from law enforcement personnel who were involved in the 3-day search of Franklin's home and garage after his arrest in July of 2010. Genaro Arredondo, an LAPD firearms examiner, testified that he discovered a photo of survivor Enietra Washington behind a piece of drywall in Franklin's garage. Washington testified earlier in the trial that Franklin shot her, sexually assaulted her, and took a Polaroid picture of her before pushing her out of his car 27 years ago. Also discovered in Franklin's cluttered garage were .25 caliber bullets, over $10,000 in cash, a Polaroid camera, bras and panties and a photo of victim Janecia Peters, which was tucked inside an envelope in Franklin's refrigerator, law enforcement personnel testified. An undercover detective recounted following Franklin and his girlfriend to a pizza restaurant in Buena Vista on July 5, 2010 for a children's birthday party. The detective testified that he masqueraded as a busboy so he could obtain a DNA sample from Franklin. DNA taken from a pizza slice and 2 napkins matched the Grim Sleeper's genetic profile, prosecutors said. Yesterday, prosecutors showed a homemade video found inside Franklin's home showing Franklin having sex with an unknown woman and taking photos of her. Later that day, prosecutors played a 40-minute interrogation video taken hours after Franklin was arrested. In the video, LAPD detective Dennis Kilcoyne told Franklin, "You need to man up and start talking to us and tell us what in God's name caused you to do this." Franklin denied that he had anything to do with the murders. He later asked for an attorney. Franklin's defense attorneys will begin their case on Monday. (source: people.com) *************** O.C. killer's attorney gets more time to fight death penalty verdict A defense attorney representing convicted murderer Daniel Wozniak will have until the end of April to file a brief asking the court to throw out the jury's death penalty verdict. Wozniak was expected to receive his final sentence in Orange County Superior Court last week. Instead, Judge John Conley granted public defender Scott Sanders additional time to file a court brief, which will seek a ruling vacating the verdict and replacing it with life in prison without parole. Sanders plans ask the judge to grant a new penalty phase of the trial. "The brief will include a detailed analysis of the trial and the relevant law, which the defense believes should be considered before a sentence of death is imposed," Sanders wrote in the motion. Wozniak, 31, a community theater actor from Costa Mesa, was convicted Dec. 16 of killing Army veteran Sam Herr, 26, and his friend Juri "Julie" Kibuishi, 23. According to prosecutors, Wozniak was desperate for money to cover his rent and fund his upcoming wedding and honeymoon. So he hatched a plot to kill Herr, his neighbor, and steal $62,000 that Herr had saved from his military service in Afghanistan. On May 21, 2010, Wozniak shot Herr twice in the head in the attic of a Los Alamitos theater, according to testimony from detectives and a videotaped confession from Wozniak. He then used Herr's phone to send messages to Kibuishi to lure her to Herr's apartment, where he shot her to death. The next day, Wozniak returned to the apartment and staged Kibuishi's body to appear as if Herr had sexually assaulted her and fled. Wozniak used an ax and saw to remove the head, hands and a tattooed forearm from Herr's body before dumping the parts in a Long Beach park. Police arrested Wozniak days later at his bachelor party in Huntington Beach after ATM withdrawals from Herr's account led them to him, authorities said. Wozniak is expected to appear in court May 20 for final sentencing. The date marks almost 6 years since Wozniak shot Herr in the attic of the theater. Steve Herr, the victim's father, said the significance of the date isn't lost on him. "I'm OK with that date," he said. "On the very last day of the 5th year it's time to put this thing to rest." (source: Los Angeles Times) USA: A new team of lawyers could be taking over the federal death penalty appeal of a man convicted of killing a University of North Dakota student in 2003 A new team of lawyers could be taking over the federal death penalty appeal of a man convicted of killing a University of North Dakota student in 2003, a change that could lengthen proceedings that have already run nearly a decade. 2 specially appointed death penalty experts along with lawyers from the Minnesota public defender office have been handling the final appeal for Alfonso Rodriguez Jr. for nearly 6 years. Now they're asking a judge to transfer the case to the Federal Community Defender office in Pennsylvania. Federal prosecutors declined to comment but are expected to file a response within 10 days. The motion says the switch is needed because of staffing and personnel changes in the federal system and the Minnesota office. The Pennsylvania office is 1 of 2 in the country with resources dedicated to death penalty cases. The move would "spare the court substantial resources because the (Pennsylvania office) would not seek court funding for attorney hours, support services, expert expenses, travel, or any other expenses," the motion says. U.S. District Judge Ralph Erickson in 2010 appointed prominent death penalty attorney Joseph Margulies, a Cornell University law professor, to lead Rodriguez's defense team. Another death penalty specialist, Michael Wiseman, of Swarthmore, Pennsylvania, is also on the case. Joseph Daly, a professor emeritus at Mitchell Hamline School of Law who has followed the Rodriguez case and has participated in death penalty appeals, said there will likely be some delay but believes the move is driven by cost. "I am sure Mr. Margulies is not billing at his usual rates but it is still probably much more than the expert lawyers for the Federal Community Defender office," Daly said. "That office is set up to do these kinds of cases, so I'm sure they will be able to move in quickly." Rodriguez, 63, of Crookston, Minnesota, was convicted of kidnapping and killing 21-year-old UND student Dru Sjodin, of Pequot Lakes, Minnesota. Authorities say she was raped, beaten and stabbed by Rodriguez, a convicted sex offender. It was the state's 1st federal death penalty case, tried by then-U.S. Attorney Drew Wrigley, who is now North Dakota's lieutenant governor. The case resulted in tougher laws, both on the state and federal level, for sex offenders. Rodriguez sits on death row in Terre Haute, Indiana. Hearings in the case are already scheduled into 2017. The next hearing is set for Oct. 15 to discuss mental health issues brought up in the appeal. (source: Associated Press) ************** Hillary Clinton death-penalty shame: While more states move away from capital punishment, she refuses ---- Earlier this week, the Democratic frontrunner fumbled a question about capital punishment. There's a reason why At the Democratic town hall on Sunday night, a man named Ricky Jackson, who spent ages 18 through 58 on death row for a crime he didn't commit, rose to ask former Secretary of State Hillary Clinton a question about the death penalty. Clinton, whose opinion on the death penalty has changed over the years, had a real chance to come out unequivocally against the death penalty. Instead, she floundered. After trying to explain to a formerly condemned man the distinction between the federal crimes she'd like to use the death penalty for and why those situations aren't at all like Jackson's, she ended with this word salad: But what happened to you was a travesty, and I just can't even imagine what you went through and how terrible those days and nights must have been for all of those years. And I know that all of us are so regretful that you or any person has to go through what you did. And I hope that now that you are standing here before us that you will have whatever path in life you choose going forward and that you will get the support you deserve to have. It's not hard to see why Sec. Clinton bobbled the question so badly. After all, it's not often that presidential candidates are forced to tackle the consequences of one of their policy positions head-on. But more clearly, she flunked the question because her position is completely indefensible. The death penalty seems to be one of the only rungs of her criminal justice platform that she's not open to re-examining. In the 1990s, the then-First Lady lobbied for President Clinton's crime bill, a law that Senator Bernie Sanders also supported. Tough-on-crime policies were as common for Democrats as they were for Republicans of the era; during the 1992 election, Bill Clinton famously flew back to Arkansas to oversee the execution of a mentally ill man named Ricky Ray Rector, in order to make a political point that he was "tougher on crime" than the Democrats' previous presidential nominee, Michael Dukakis. Needless to say, these criminal justice policies were just one area where "bipartisan agreement" turned out to be an utter disaster. Today, Sec. Clinton campaigns on the promise to undo all of the negative impacts of the prison system that were exacerbated by the crime bill and other '90s-era "bipartisan" policies, ending mass incarceration, committing resources to helping inmates re-enter society, ending racial profiling and "encouraging" the use of body cameras for police. The death penalty, however, is for some reason a bridge too far, even though it's disproportionately used against people of color, something that Clinton has failed to mention in her frequent references to white privilege. It's hard to see what Clinton has to lose politically from taking this stance. This isn't just a fringe position anymore: 19 states and D.C. have abolished the death penalty, the most recent of them being Nebraska, where the mostly conservative unicameral Legislature (which is officially nonpartisan) overrode the governor's veto. There are several reasons why why states are starting to dump the death penalty. One is that it's becoming more widely accepted that the state shouldn't execute its own citizens. And the states that do have the death penalty tend to be horrifically bad at administering it. In an Atlantic cover story last year, Jeffrey Stern recounted the execution of Arizona prisoner Clayton Lockett, a man who told his stepmother he didn't want her to be present for the execution "because I don't think it's going to be very good." Lockett's prediction turned out to be accurate: He went into seizure and his groin practically exploded; the procedure was actually stopped because the doctor couldn't find another vein and there were no more drugs available to administer. It would take 10 more agonizing minutes after the doctors stopped pumping drugs into his body for Lockett to die. Clinton's questioner, Ricky Jackson, could have faced a similar fate. Ohio, like Arizona, has had a problem with obtaining lethal injection drugs because their European manufacturers refuse to sell to American states who intend to use them for capital punishment. Jackson, it's worth repeating, was eventually exonerated. But even Lockett, who admitted the crime he was accused of, did not deserve the death that an American state subjected him to. Even the parents of 8-year old Boston bombing victim Martin Richard agreed that Dzhokar Tsarnaev didn't deserve the death penalty. Assuming Clinton doesn't change her position and then wins the White House, it is possible that Tsarnaev will be executed sometime during her presidency. * * * The United States killed 28 of its citizens in 2015, many of them in Texas, Missouri, and Georgia. 33 of the 50 states, plus the federal government and the American military, haven't carried out an execution in this decade. One of those states that has carried out an execution in the last 6 years is Delaware. Delaware is a diehard blue state, one whose entire Congressional delegation, governor, lieutenant governor, attorney general, insurance commissioner, and the majorities of both houses of the legislature are Democratic, and have been for some time now. The last three governors have been a Democrat for a total of 23 years, and it's widely expected that Congressman John Carney will continue that trend. Within the past 4 years, Delaware legislators have tried to repeal the death penalty twice, once in 2013 and again this past year. Twice, it's passed the Senate and then failed in the House of Representatives, where the speaker, Democrat Pete Schwartzkopf, is a retired state trooper. The 1st time, it stalled in committee; the 2nd time, the state's governor signed onto the effort, but it was voted down in the full House, 23-16. It's impossible to tell what the support of both of the Democratic candidates for president (Sanders is pro-abolition, and has said that the state "shouldn't be in the business of killing people") would have done to move the effort along in Delaware. It sure as hell wouldn't have hurt, considering many of Delaware's Democrats have already endorsed Secretary Clinton for the nomination. But in an issue like the death penalty, it's as simple as being willing to lead, and bringing the rest of the party - and eventually, the nation - with you. Clinton may have looked terrible in her answer to Jackson, but her decision to continue supporting the use of the death penalty, no matter how minimal, may have ramifications for people in his situation for years to come. (source: Salon.com) *************** Man Who Killed 2 Detectives Released From Death Row A New York man who killed 2 detectives has been taken off of death row after a federal judge found that he is legally considered to be intellectually disabled. Rowell Wilson, 33, was sentenced to death for a March 10, 2003, incident in which he shot 2 undercover NYPD detectives, James Nemorin and Rodney Andrews, reports WPIX. Both were shot in the back of their heads. In court in 2006, a prosecutor said Wilson was part of a Staten Island gang called the Stapleton Crew. The prosecutor said Wilson may have been trying to steal $1,200 from the detectives while they posed as potential gun buyers. Wilson was convicted by a jury and sentenced to death by lethal injection. In 2010, the sentence was thrown out by an appeals court due to a jury error. In 2013, prosecutors repeated the penalty phase and a jury re-sentenced him to death. Wilson has been in a federal prison in Terre Haute, Indiana, since the 2013 sentencing. In 2012, Wilson impregnated a prison guard, Nancy Gonzales while incarcerated in New York City. Their child, Justus, was born soon after Gonzales was arrested, reports Daily Mail. Gonzales was sentenced to prison for one year and one day for having relations with an inmate. During a 2012 hearing, a judge found that Wilson's IQ scores may qualify him for being considered intellectually disabled. The Supreme Court ruled in 2014 that IQ score alone was not enough for a judge to determine a person to be intellectually disabled. After reviewing his findings, Wilson was ruled to be intellectually disabled on March 15 and was removed from death row. He will serve life in prison without parole, reports the Daily Mail. (source: opposing views.com) From rhalperi at smu.edu Thu Mar 17 08:50:16 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 17 Mar 2016 08:50:16 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 17 GHANA: Amnesty Int. rejects Rawlings' death penalty clamour Amnesty International has rejected calls by former President Jerry John Rawlings who is advocating capital punishment for convicted killers in the country. The ex-president had called for a strict adherence to the laws of the country so that persons found to have committed murder by a court of competent jurisdiction are condemned to death. He made the call when the family of the late Member of Parliament for Abuakwa North, J.B Danquah-Adu, visited him at his residence on Wednesday 16th March, 2016. Mr Rawlings charged parliament to enact legislation empowering regional security councils to enforce the death penalty. "Our constitution empowers us and gives us the right to punish, to exact the same level of punishment, and if we cannot do it to serve as a lesson to those who are taking others' lives with ease, then, please, I'd like to use this occasion - I should have done this a long time ago - to invite parliament to consider the need to look into our constitution as to whether we should not now empower the regional security councils to sign or to approve the taking of a life for a life," Mr Rawlings said when the family of the late J B Danquah-Adu visited him at his residence in Accra on Wednesday March 16. "We all believe in the New Testament, but if some people are determined to conduct their lives along the Old Testament, then please let's not give them the other cheek to slap," the former military leader added. But human rights group Amnesty International has said the call is unfortunate and has proposed an objective discussion on the issue. Speaking to Class News Wednesday March 16, 2016, Country Director of Amnesty International Lawrence Amesu said the death penalty does not deter crime in any society. "Amnesty International totally opposes what His Excellency the former President Jerry Rawlings is proposing that people on death row should be executed," stated Mr Amesu. "We think that His Excellency has taken us back to barbaric years. "I wish that we are not discussing this issue at this time when there is so much pain on the heart of everybody, because people are now being emotional. That is why people are saying that let's execute or kill because he has also killed. "I wish that time will pass, the wounds will heal, and then we discuss this passionately as Ghanaians. [The] death penalty does not deter crime in any society," he added. (source: ghanaweb.com) BELARUS: A moratorium on death penalty is unlikely to be introduced since Lukashenka doesn't want it A moratorium on death penalty is unlikely to be introduced since Lukashenka doesn't want it Belarus President appears to be ready to discuss the moratorium; however without any obligations. Minsk counts on further normalization of relations with EU without making significant concessions. EU Special Representative for Human Rights Stavros Lambrinidis stated that a moratorium on the death penalty would be a very good incentive for Belarus-EU relations and Belarus' reputation in the world. The issue of the death penalty repeatedly came up in Minsk-CoE negotiations in the past. However, despite the importance of this subject for European capitals, Belarusian leadership had never seriously regarded the moratorium as an option. In addition, abolition of the death penalty is a very unpopular idea in the Belarusian society, according to the IISEPS polls. Moreover, people voted against the abolition on the national referendum in 1996. Such vox populi is a likely reflection of the state's stance in this regard and the efforts of the state-run media. That said, Lukashenka regards the death penalty issue as the president's major privilege. For instance, the president has publicly advocated for the death penalty many times: "With regard to the death penalty, we had a referendum. Whether I want or not, regardless of my position, there was a referendum decision. For me, that is the law. And when they start nudging me: "The death penalty, the dictatorship", - I tell them, the Europeans: "Make a little u-turn across the Atlantic, there is a very good friend of yours. As soon as they abolish, we shall follow". Why am I talking about this? Not because we'll follow the States... I am just showing them that there should be no double standards in this matter". For Minsk, the mere discussion about a moratorium on the death penalty enables to outline further moves in settling Belarusian-European relations. Regardless of the reasoning by European diplomats, the Belarusian leadership is confident of its measures to curb crime, including the death penalty. As the president said in the mid-1990s, he was able to end lawlessness and "road racketeers" by using non-traditional methods of eliminating criminals. In addition, the president referred to double standards applied by the EU, "... the death penalty... and maybe, even more stringent laws exist in the People's Republic of China and other neighbouring states and in the Arab countries. Where are they pumping oil from? Why aren't you demanding from them? But that is where oil comes from!" Minsk is unlikely to seek participation of Belarusian representatives in the Parliamentary Assembly of the Council of Europe. That would only create additional obligations without bringing substantial benefits, which the Belarusian leadership has already obtained avoiding unnecessary costs. The Parliamentary Assembly could empower the Belarusian Parliament, which is not in the president's interests. In case of a political crisis, the Parliament could become an alternative body of governance. Overall, the death penalty is unlikely to be abolished with reference to will of the people, but is likely to be supported by parliamentarians. (source: eurobelarus.info) ****************** Belarus Retains Death Penalty, Promotes UN Reform - Belarus Foreign Policy Digest----Lambrinidis meets human rights activists in Minsk In the 1st half of March, the EU's top human rights official came to Minsk to talk President Alexander Lukashenka into introducing a temporary moratorium on the death penalty. The Belarusian authorities are very willing to discuss human rights with Europe but remain reluctant to take specific action. At the UN, Belarusian diplomats continue to promote greater inclusion of rank-and-file UN members in the decision-making process, this time by advocating a stronger role for them in selecting the next UN head. These actions are at odds with Russia's position on this matter. Lukashenka meets the EU human rights head On 9-11 March, Stavros Lambrinidis, the EU Special Representative for Human Rights, visited Belarus. The EU official met ministers for foreign affairs, the interior, justice and information. His agenda also included meetings with opposition and civil society leaders, independent journalists and human rights activists. Alexander Lukashenka and Stavros LambrinidisLukashenka received Lambrinidis on the first day of his visit in Minsk. The Belarusian leader sounded reconciliatory and constructive. He expressed satisfaction with the fact that Belarus and Europe had "abandoned [their] head-on confrontation". Lukashenka spoke in favour of a "permanent dialogue, permanent contacts". However, he claimed Belarus' right to have its own understanding of human rights issues. Lukashenka and Lambrinidis agreed that trade, economic cooperation and human rights are interrelated but disagreed on cause and effect. The Belarusian president stressed that, with the development of trade and economic relations, human rights issues would disappear on their own. The EU official, in his turn, believes that the improvement of the human rights situation in the country will result in more trade and foreign investment. Belarus retains death penalty as a bargaining tool Lambrinidis came to Minsk to persuade Lukashenka to introduce a temporary moratorium on the death penalty in Belarus. Belarus is the only country in Europe where capital punishment is still applied. The issue of the death penalty remains at the top of Europe's demands vis-a-vis Belarus. When lifting the sanctions in February, the European Council "condemn[ed] the application of the death penalty in Belarus ... and urge[d] the Belarusian authorities to set up a moratorium as a first step towards its abolition:. Stavros Lambrinidis at the conferenceOn 10 March, the Belarusian foreign ministry and the United Nations Development Programme (UNDP) office in Minsk organised an international conference titled The Death Penalty: Transcending the Divide. Speaking at the conference, Lambrinidis urged Belarus' highest authorities to show their political will by abolishing capital punishment. The Belarusian authorities continue to shelter themselves behind public opinion. Opening the conference, deputy foreign minister Valentin Rybakov pointed to the fact that most Belarusians still support the death penalty. "We cannot and will not ignore this fact, including in the context of dialogue with our much esteemed European partners", Rybakov stressed. Abolition of the death penalty would be one of the easiest steps for the authorities to take in order to please Europe. Unlike concessions on freedom of speech or assembly, such a decision would hardly undermine the regime's grip on society. Public opinion on this subject can be easily ignored or tweaked. Abolition of the death penalty or even a moratorium would improve Belarus??? image in Europe. It would help the European bureaucracy to rationalise the need for more cooperation with Minsk. Belarus would finally be able to join the Council of Europe. However, one should not expect the Belarusian authorities to take such a step in the near future. They realise full well the bargaining power that retention of the death penalty provides. Thus, they will likely choose to play this card at a more crucial moment, as they did with the release of political prisoners. A temporary moratorium on the death penalty can hardly be an option. Lukashenka realises that nothing is more permanent than the temporary. Once the moratorium is in place, it will be difficult to withdraw it without damaging the country's reputation. At this stage, the maximum Europe may expect from Belarus on the death penalty is more dialogue and a lot of talking. The same also applies to other divisive issues between Belarus and Europe. Belarus reforms the UN By the end of 2016, the United Nations will appoint its new Secretary-General for the next several years. An informal regional rotation arrangement provides that the next head of the UN Secretariat should come from among Eastern European countries. This factor makes the forthcoming selection process an important exercise for Belarusian diplomacy. Andrei Dapkiunas speaks at the UNOn 29 February, speaking at an informal brainstorming session, Belarus' ambassador to the UN Andrei Dapkiunas insisted on the appointment of the UN's chief through a secret ballot. Though the existing rules require such a procedure, in practice, the UN General Assembly (UNGA) always rubber-stamps the candidate recommended by the Security Council. Belarus also wants the UNGA to withdraw its own recommendation (made in 1946) to the Security Council to "proffer 1 candidate only" for the appointment. Throughout the UN's entire history, the UN Secretary General has remained a product of consensus of the Security Council's permanent members. Submitting more than 1 candidate to the UNGA would mean effectively letting the wider international community have the final say on the matter. Even if the UNGA adopts the Belarusian proposal, it is highly unlikely that China, France, Russia, the United Kingdom and the United States would agree to relinquish their control over who will head the organisation. Nevertheless, this year the process of selection and appointment of the Secretary General promises to be more transparent and inclusive for member states. The process starts in April when Belarus will chair the UN's Eastern European Group (EEG). The country's mission at the UN seeks to organise a high-level EEG event with participation of potential candidates. An UN official told Belarus Digest that Belarus favoured the candidature of Irina Bokova, a Bulgarian politician and UNESCO's Director-General. Bokova visited Belarus in April 2014 to celebrate the 60th anniversary of the country's UNESCO membership. Belarus' activity in reforming the appointment process has been frowned upon by Russia, which does not welcome any change that could undermine its role at the UN. Belarusian diplomats have taken this into account by softening their reforming zeal. However, they are still pressing ahead with their agenda. (source: Igar Gubarevich is a senior analyst of the Ostrogorski Centre in Minsk. For a number of years he has been working in various diplomatic positions at the Belarusian Foreign Ministry; Belarus Digest) ENGLAND: Was this man wrongly hanged for murdering a girl and hiding her in a trunk? Jeannette Hensby spent her working life in the NHS but in retirement she has become a writer and crime sleuth. Andy Smart looks at her 1st cold case. Notts-born Andrew Anderson Bagley died on Tuesday, February 1, 1937. He was hanged by the neck in Armley Jail in Leeds for the brutal murder of his 16-year-old step-granddaughter. Despite trial judge Mr Justice Goddard - a notorious figure dubbed "the hanging judge" in the Press - sentencing him to death on "evidence which could leave no doubt ..." Bagley maintained his innocence from the moment of his arrest in Hucknall Library only 3 months earlier, to his final steps towards the gallows. No one believed him and at 9am on that cold winter morning executioner Thomas Pierrepont sent the 62-year-old convicted man to his death. But in her fascinating 1st book "The Rotherham Trunk Murder"*, ex-NHS director Jeannette Hensby argues that Bagley, born a policeman's son in the south Notts village of Bunny, was innocent. She examines the evidence in forensic detail, asks questions that should have been asked at his trial, exposes a scandalous appeal hearing cover-up and, in the final chapters, points an accusing finger at the person she believes was the real killer. Her part in the story begins in the 1950s, more than 20 years after the murder. Jeannette, from Rotherham, South Yorkshire, remembers sitting on her grandmother's knee, listening to her stories as the rain teemed down outside. "Whether she could tell that I was bored, or whether she had run out of other stories to tell, I don't know, but she certainly got my attention when she started to tell me about the murder of a Masbrough (Rotherham) girl that had been committed by somebody that she knew. She told me who the murderer was, but she didn't tell me the name of the victim; just that "a girl" had been murdered," explained Jeannette, now 67. She tucked the memory away as she raised her family and met the demands of her career in the NHS, finally retiring as director of older people's mental health for Sheffield - but always intending to find out more about her grandmother's story. In 2014, she finally came across an account in a local history book about murders in Rotherham. "I was tingling with anticipation as I started to read. One of the things that I had never been sure about from grandma's story was whether or not the murderer had been brought to justice and hanged. Now I would be able to find out. "I learned that the victim was 16-year-old Irene Hart ... murdered in her own home in Hartington Road in Masbrough, Rotherham, in 1936. Irene was strangled and her body was stuffed into an old green tin trunk and hidden in a clothes closet in her bedroom." Suspicion fell on her step-grandfather Andrew Anderson Bagley, who lived in the same house as Irene, along with his daughter Avice and his disabled son Ambrose. Bagley went missing immediately after the crime and police launched what became at the time the biggest manhunt in British criminal history. The case made the news around the world under the eye-catching headline "The Rotherham Trunk Murder". For 6 frustrating weeks of a chaotic manhunt, police searched lodging houses, homeless hostels, pubs, barns and haystacks across the country. But Bagley was an expert at staying hidden. Married in Notts in his early 20s, he soon left his wife and to avoid paying maintenance he moved to Sheffield, adopted an assumed name - Bill Smith - and there he lived in another loveless relationship for the sake of his 4 children. For 40 years he had stayed 1 step ahead of debt collectors, chasing him for money that his drink and gambling-addicted 2nd "wife" had piled up. He had little trouble giving police the slip until he made a fatal mistake by returning to his home county. On Friday, October 23, 1936, as he was sitting in Hucknall Library reading a newspaper, he was recognised by an old acquaintance. The police were called and Bagley was arrested. "I have nothing to fear," he told officers. "I didn't do it." Jeannette said: "As I read it, my interest turned to disbelief and then to horror. My grandma - who had been close to the family - had told me who had committed this crime, and it wasn't Andrew Anderson Bagley. Had an innocent man gone to the gallows, I wondered?" Helped by her sister Carol, Jeannette spent a year trawling through newspaper reports, court records and local archives. "What we discovered was an unusual story, and a real family tragedy," she said. "Looking at the records with the benefit of what grandma told me it became clear to me that the man that was hanged was not the murderer," she added. She found letters from members of Andrew Bagley's family, particularly his brother and sister. His siblings maintained that he was mentally unstable, prone to attacks of dizziness and violence. His brother had concluded that the crime must have been committed during one of these episodes without him even knowing he had done it. His family fought long and hard to get the death penalty reduced to a custodial sentence on the grounds of insanity, petitioning the Home Secretary and even writing to Queen Mary, but their efforts were in vain. Jeannette says: "The family were decent, respectable people, and in order to distance the family from the shame of what had happened, Bagley's brother had the family surname changed from Bagley to Baguley after the execution had taken place. "I have no idea whether the descendants of Andrew Bagley still think that he did kill Irene Hart. "I guess that they, and other local people, would be interested to read that the records show, when read with the benefit of what my grandma told me, that I believe Andrew Bagley was not the heartless murderer of Irene Hart, but, in fact, he was a very brave and selfless man." Jeannette believes the answer lies within Andrew's family circle ... but the identity of the person she believes murdered Irene Hart can only be found in the pages of her book. Whether anything comes of her account remains to be seen. Jeannette, who is now working on her second book looking at a pre-First World War murder case, adds: "I am very aware of how difficult it is to get a posthumous pardon. Iris Bentley, who spent her life fighting in vain to get her brother Derek pardoned, springs to mind. "If the people of Nottingham, or Andrew's family, wished to mount a campaign, I would do everything that I could to support it." (source: nottinghampost.com) PAKISTAN: Deterrent death sentences to curb terrorism In yet another manifestation of unflinching commitment to rid the country of the menace of terrorism, Chief of Army Staff General Raheel Sharif confirmed death sentences awarded to 13 terrorists. Tried by military courts, these terrorists were involved various heinous offences relating to terrorism including killing of foreign tourists at Nanga Parbat, attack on Saidu Sharif airport and attacks on armed forces and law enforcement agencies. These executions might provoke some so called human rights activists to resort to protests but in our view the death penalty acts as a deterrent and is one of the effective ways to root out crime. It has also been proven through different studies that each execution, on average, results in fewer murders. Saudi Arabia is ranked amongst the countries where crime rate is very low as compared to even developed countries because of strict punishment for different crimes without undue delays. The public hanging of criminals is serving the purpose to deter other individuals from committing the criminal deeds. Similarly, Iran has set some good traditions of awarding strict punishments to the individuals without any discrimination. Recently, a billionaire tycoon was sentenced to death for involvement in massive corruption. It is therefore a natural phenomenon that the punishments help deter crimes. However, the deterrent effect is directly proportional to the delay in the execution. The longer the delay, the lesser the deterrent effect. Hence, it has been criminal indifference, silence or negligence on the part of successive governments in Pakistan that the hardcore criminals awarded with the death sentences were not brought to the gallows despite passage of so many years. The present government however deserves appreciation for lifting moratorium on the death penalty back in 2014 and reviving the process which had been done much earlier. Given the current situation in Pakistan where Zarb-e-Azb operation is meeting tremendous success and terrorists are being executed, we are sure the country will soon achieve the status of a civilized terror free nation. No mercy to the stone hearted and hardcore criminals is the right course and step in the right direction that will soon rid the country of the curse of terrorism. (source: Pakistan Observer) CAMEROON: 89 Boko Haram members sentenced to death in Cameroon - none yet in Nigeria Cameroon has sentenced 89 members of the Boko Haram sect to death over terror charges, even though Nigeria, the hot bed, is yet to impose the penalty on any suspect. According to the BBC, a military court tried the insurgents over their roles in several attacks in the northern part of the country which borders Nigeria. Since 2009 when Boko Haram launched its campaign of violence, Cameroon has been its next target after Nigeria. In January 2015, Abubakar Shekau, leader of the sect, threatened to attack Paul Biya, president of Cameroon, over his country's role in the regional force set up to fight insurgency. "Oh Paul Biya, if you don't stop this your evil plot, you will taste what has befallen Nigeria," Shekau had said in a video. "If you do not repent, you will see the dire consequences. Your troops cannot do anything to us. I advise you to desist from following your constitution and democracy, which is unIslamic. The only language of peace is to repent and follow Allah, but if you do not, then we will communicate it to you through the language of violence." On his part, Biya vowed to wipe out Boko Haram. About 850 members of the sect are currently in detention over alleged involvement in insurgency in Cameroon. This is the 1st time that people have been sentenced to death since a new anti-terror law was passed in 2014. (source: thecable.ng) From rhalperi at smu.edu Thu Mar 17 08:51:13 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 17 Mar 2016 08:51:13 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 17 TANZANIA: 19 Face Death Penalty Over Albino Killings in Tanzania 19 people have been sentenced to death after being convicted of killing albinos, the Tanzanian government has confirmed. Home Affairs Deputy Minister, Hamad Yusuf Masauni told Anadolu Agency on Saturday that the convicted are among 133 people arrested and charged with killing people with albinism from 2006 to 2015. "Other albino attacks and killings cases are in different stages in different courts countrywide," the minister said in a telephone interview from Dodoma, Tanzania's administrative capital. Masauni said at least 75 people with albinism have been killed in Tanzania since 2006, while more than 100 people have been attacked and mutilated. Such attacks are due in large part to widespread superstition in East Africa that body parts of people with albinism carry magical powers that witch doctors claim to harness, or other beliefs that view albinos as cursed or causing bad luck. Commenting on the plea from people with albinism asking the government to implement death penalties for those convicted of the killings, the minister said the government is keen on exercising the court's ruling. "Death penalties have long procedures and processes to be followed before implementation. Once we are done with the process, those found guilty will be executed," Masauni said. Last year, the government formed a tripartite committee involving government officials, people with albinism, witch doctors who are believed to have a hand on albino killings and other stakeholders, as a strategy to combat attacks and killings of people with albinism. The Tanzanian government has also targeted witch doctors, arresting more than 200 of them in different parts of the country, as part of the fight against albino killings. The government, civil society and various groups including those with albinism have also joined hands to prevent attacks through special concerts, radio and TV programs in both public and privately owned media outlets. Apart from Tanzania, albino attacks and killings have also been reported in other East African countries, including Burundi and Kenya. (source: The Citizen) INDIA: German Bakery blast: Baig's death sentence commuted to life term The Bombay High Court on Thursday commuted, to a life term, the death sentence to Mirza Himayat Baig after his conviction for the February 13, 2010 Pune German Bakery blast which killed 17 people, including foreigners, his lawyer said. "Baig has been totally absolved of all charges including conspiracy, murder, attempt to murder and other serious charges pertaining to the German Bakery blast," said his lawyer Abdul Rehman. "He has only been convicted under the Explosives Act and given a life sentence. This is the first step only - we plan to appeal this and we are confident he will come clear from this too," he added. Around 7 p.m. on the day, a powerful blast ripped through the popular eatery near the Osho Ashram in the fashionable Koregaon Park area and much frequented by the young crowd. Among the 17 killed were an Italian woman, an Iranian and 2 Sudanese students. Another 60 patrons were injured in the blast, including 12 foreigners while the eatery subsequently reopened briefly and shut down. A Pune sessions court had in April 18, 2013 awarded the death penalty to the sole accused, Indian Mujahiddeen operative Baig, against which he had appealed before the Bombay High Court. (source: sify.com) **************** India police arrest father-in-law over 'honor killing' The father-in-law of a lower-caste student brutally hacked to death in a suspected " honor killing" in India has been arrested, police said on Tuesday. 3 men armed with sickles and sharp weapons attacked the 22-year-old student from the lowest Dalit caste and his wife on a crowded street in the southern state of Tamil Nadu on Sunday, killing him and seriously injuring her. The woman's father and uncle were among 5 people arrested over the assault, which was apparently motivated by her decision to marry outside her own caste, police said. "We have arrested 5 accused and are looking for 5 more," A. Dhavamani, an investigating officer, said. "3 of them were involved in the attack, including the woman's uncle," he said, adding that the others have confessed to conspiracy to kill the victim. The Press Trust of India news agency said the woman's mother was also among those arrested, although this could not immediately be confirmed. Her father surrendered to police late on Monday and was formally arrested. Police said the 19-year-old woman married the Dalit engineering student 8 months ago in defiance of her family, who are from the higher Thevar caste. Marriage outside caste or religion still attracts strong censure in parts of India and can even lead to so-called honor killings, carried out to protect family pride. Dalits, formerly known as untouchables, are a historically marginalized community who have faced centuries of discrimination in India. The couple had reportedly faced threats from her family before Sunday's attack that was captured on CCTV, footage from which showed 3 men on a motorbike stop and attack them as they walked along a crowded street. There are no India-specific figures on honor killings available, but United Nations statistics say 1,000 out of the 5,000 such killings every year are in India. India's Supreme Court ruled in 2011 that those involved in honor killings should face the death penalty. (source: Saudi Gazette) SAUDI ARABIA----execution Saudi beheads 73rd person this year Saudi Arabia has beheaded one of its citizens after sentencing him to death for murder, bringing to 73 the number of such executions in the kingdom since the start of the year. The convicted man, identified as Omar al-Rabie, was beheaded on Wednesday, the Saudi Interior Ministry said in a statement carried by the official Saudi Press Agency. The ministry added that al-Rabie was found guilty of shooting to death his fellow Saudi citizen Ghanem Salem in a dispute. According to AFP tallies, the latest execution brings to 73 the number of locals and foreigners put to death this year. In the most stunning case, Saudi Arabia executed on January 2 Sheikh Nimr al-Nimr along with 46 other people in defiance of international calls for the release of the prominent Shia cleric and other jailed political dissidents in the kingdom. Saudi Arabia carried out 153 executions, including 71 foreign nationals, in 2015. This number of executions in terms of annual basis in Saudi Arabia has been unseen since 1995. Under the Saudi law, apostasy, armed robbery, drug trafficking, rape and murder carry the death penalty. Beheading with a sword is the most common form of execution in Saudi Arabia. Riyadh has been under fire for having one of the world's highest execution rates. The New York-based Human Rights Watch (HRW) has called on the Saudi regime to abolish its "ghastly" beheadings. Meanwhile, Amnesty International has recently called on the United Nations Human Rights Council (UNHRC) to hold Saudi Arabia accountable for its gross human rights violations. In a statement to the 31st meeting of UNHRC, the rights group said that the kingdom has breached international humanitarian laws on numerous occasions. (source: albawaba.com) ************ KSA takes pride in applying Sharia Law The delegate of the Kingdom of Saudi Arabia (KSA) to the United Nations Ambassador Faisal Trad stressed the fundamentals of the kingdom as being proud in applying the provisions of the tolerant Islamic Sharia which ensures justice, rights and duties for all equally without any discrimination. He added that the best proof of that is the level of growth, prosperity and progress experienced by the kingdom and the Saudi society of all sects and individuals of both sexes compared with many countries of the world. Ambassador Trad made the remarks as he delivered the kingdom's reply to what was stated by a number of European countries especially Germany, Iceland and Ireland on human rights in the kingdom before the Human Rights Council held in Geneva. He said that the provisions of Islamic law, Saudi applicable regulations and the kingdom's international obligations ensure non-violation of the right of any human being and therefore any penalty applied to anyone in the kingdom is the result of his acts and an offense that is punishable by law and that levels of litigation are met and all guarantees are provided for a fair, open and transparent trial that is open to the public, including representatives of the missions of the above mentioned countries. Trad said that not under any circumstances, privileges or immunities can be granted to a class of people without others under any name or any capacity. All are equal before the judiciary, he stated. He indicated that the death penalty is provided for by the laws of the kingdom and that there are dozens of countries around the world that still apply the death penalty for the most serious crimes, such as terrorism and drug trafficking. He stressed the strong rejection of the kingdom for any statement by any country against the independent and fair judiciary in the Kingdom and its demand for everyone to respect the judiciary and its rulings, and not interfere with it in any way. He also demanded that these countries verify their sources of information before directing any criticism against the kingdom where there is no respect for the cultural and religious special nature of a country that represents the heart of the Islamic world, and asked them to refrain from double standards and trying to exploit the Human Rights Council for political purposes or to accomplish electoral achievements and to address real human rights violations without any political, cultural or ideological motives. (source: Saudi Press Agency) SRI LANKA: Sri Lankan gets death for rape, murder of 5-year-old girl Several suspects were rounded up. The father of the child, who was also under suspicion, volunteered to undergo DNA test to clear his name. A Sri Lankan court on Tuesday sentenced a man to death for rape and murder of a 5-year old girl in September last year. Saman Jayalth, a 36 year old man was found guilty after the DNA test. He later confessed to the crime. He was charged on 4 counts including abduction, abuse, rape and murder. 5-year-old Seya Sadewmi went missing from her home after she went to sleep on September 11. Her body was found a day after near the village stream by her small home. Forensic reports later showed that the child was tortured and raped before being strangled to death. Several suspects were rounded up. The father of the child, who was also under suspicion, volunteered to undergo DNA test to clear his name. According to a Unicef report, everyday 3 to 5 children are raped in the country. The horrific rape and murder of Seya triggered rights groups' campaigns to invoke death penalty. Although Lankan courts hands out death sentences for crimes, the state has not carried out any executions since 1976. Instead the death sentences have been commuted to life imprisonment. Soon after the murder of Seya, then newly elect President Maithripala Sirisena promised to re-introduce the death penalty. According to the commissioner general of prisons, Rohana Pushpakumara, there are 1,115 prisoners on death row in Lankan prisons. (source: Khaleej Times) BANGLADESH: Nizami tells son, lawyers to 'seek review' against his death penalty Jamaat-e-Islami chief Motiur Rahman Nizami will seek a review of the death sentence awarded to him for crimes against humanity during Bangladesh's Liberation War, his lawyer says. His son Barrister Nazib Momen and 2 lawyers were at Kashimpur's Dhaka Central Jail-2 at noon on Wednesday. Nizami, who headed vigilante militia Al-Badr in 1971, appeared 'worried' during their meeting, Jail Superintendent Prashanta Kumar Banik told bdnews24.com. His lawyer Motiur Rahman Akhand said, "He (Nizami) was not present during the incidents for which he has been sentenced to death. He said he will plead for a review to get justice." The International Crimes Tribunal issued a death warrant for Nizami on Tuesday night hours after a full copy of his appeal verdict was released by the Supreme Court. The warrant wrapped in red cloth was read out to him after it reached Kashimpur prison. Nizami's lawyer Akhand said the defence would file a plea within the 15-day deadline. The sentence cannot be executed unless the review plea is resolved. The convict then may seek a presidential pardon if the plea is turned down. The tribunal on Oct 29, 2014, ordered Nizami to be hanged for murder, rape, and the killing of intellectuals. The Supreme Court, after hearing his appeal later, upheld the maximum penalty for the Jamaat chief. An influential minister in the BNP-Jamaat coalition government of 2001-6, he carries another death sentence for his role in the 10-truck arms haul case in Chittagong. Born on Mar 31, 1943, in Monmothpur of Pabna's Sathia Upazila, Nizami had earlier headed Islami Chhatra Sangha, Jamaat's student front before it was renamed to become Islami Chhatra Shibir. The Jamaat-e-Islami had actively opposed the secession from Pakistan and formed militias to collaborate with the invading forces of the Pakistani Army in 1971. Nizami was chief of the Al-Badr, a militia made up of members of the so-called Peace Committee and Islami Chhatra Sangha. Al-Badr gained notoriety for executing prominent pro-liberation members of the Bengali intelligentsia ranging from doctors, journalists and teachers to writers and composers on Dec 14, just days before Bangladesh secured victory by defeating West Pakistan's forces. (source: bdnews24.com) From rhalperi at smu.edu Fri Mar 18 09:45:30 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 18 Mar 2016 09:45:30 -0500 Subject: [Deathpenalty] death penalty news----PENN., VA., N.C., GA., FLA., ALA., TENN. Message-ID: March 18 PENNSYLVANIA: Death penalty warrant delayed for Millcreek man The warrant in Erie County's only active death penalty case is now delayed just 2 days after it was signed. Earlier this week, the death warrant was signed for 46 year old Stephen Treiber, the Millcreek man convicted of the arson death of his 2 year old daughter. The stay of execution was granted because Treiber has appealed his case to federal court. Only 3 people have been executed in Pennsylvania since the late 70's, and all 3 dropped their appeals. (source: yourerie.com) VIRGINIA: The death penalty does not bring closure----Foregoing the death penalty for Jesse Matthew is the best way to ensure justice and peace In the fall of 2014, the University and surrounding community mourned the loss of then-2nd-year student Hannah Graham. When investigators connected cab driver Jesse Matthew to the abduction and murder of Hannah Graham, he was charged with 1st-degree murder. Originally, Matthew was set for trial on July 5, but on March 2, 2016, Matthew had a hearing in which he pleaded guilty to the killings of Hannah Graham and Morgan Harrington. While this plea deal resulted in the withdrawal of a murder charge against Matthew, he was sentenced to 4 consecutive life sentences, for which there is absolutely no prospect of parole. Matthew is off the grid, for good. It is reasonable to believe Matthew only pleaded guilty in an effort to escape the fate of the death penalty. It is reasonable to believe it is unfair for a man who cut short the life of a young woman to avoid the highest capital punishment for his crimes. Yet, plea bargains provide healing for the family and friends left in the wake of adverse events and cease a cycle of violence that would have otherwise continued with the criminal's execution. Parents of both Graham and Harrington have expressed their gratitude for this plea bargain, as they will not have to endure the torment and pain of a month's long trial in the midst of their continued healing. John Graham, father of Hannah Graham, spoke out on the decision in an article on the matter: "Our overriding priority was that Matthew will never be able again to inflict his depravity on young women. Matthew's deeds show that he is far too dangerous ever to be allowed to be free." This plea will spare continued anguish for the families and friends who have had to endure immeasurable amounts of pain over the past year and a half. I believe if Matthew had been sentenced with the death penalty, we would be continuing this cycle of violence (in essence, capitulating to criminal negligence and irrationality.) It does not seem logical that families and friends can receive total closure by witnessing the execution of another human being, as that is what happened to their very own loved one. There is no doubt a criminal of this capacity should be punishable to the utmost degree, but I do not think we have the right to kill. In 2005, Matthew was also accused of attacking and attempting to murder a Fairfax woman identified as "RG." He pleaded guilty, yes, but before doing so, he made the victim testify, made her relive the horror she had been trying to escape from since its occurrence. He made her fly around the world to tell a courtroom what happened to her on that fateful day. She had to look at his face again. Then, and only then, did he admit to the evidence. In order to get Matthew to this point of submission, this woman had to relive her worst nightmare that had become a reality all those years ago. Since Matthew pleaded guilty at his hearing, the Graham and Harrington families do not have to suffer again like the first victim did. Without this woman having the courage to testify, he may not have pleaded and gotten to this point of closure. Thus, plea bargains play a major role in the avoidance of the death penalty, which validates their usefulness in the justice system. Yet, Susan Funaro challenges this notion when she asks, "If the deal removes the murderer from society for life, isn't it the best form of justice served?" I do not see how justice is adequately served here, for a sentence to execution is in essence modeling the behavior it ultimately seeks to prevent: killing. Philosopher Immanuel Kant believes "whoever has committed murder, must die," for there is no other substitute for the "satisfaction of justice." But, if the alternative can allow further healing and comfort to those who suffer the most pain, we must not kill solely in the name of justice, for the family and friends left behind are not receiving proper closure by witnessing the killing of another human being, which is what brought them to this point in the first place. In cases comparable to those of Graham and Harrington, the decision seems to fulfill the expressed satisfaction of justice. Barry Scheck participated in a debate on the role of the death penalty in our society, rightfully asserting that "This system is incapable not just of determining who's guilty or innocent in the final analysis ... but reliably figuring out who should die or who shouldn't. We shouldn't be tinkering with the machinery of death." Ending the cycle of violence brings justice and peace to those who are left to bear the pain of the loss of a loved one. (source: Opinion; Lucy Siegel is a Viewpoint writer----The (Univ. Va.) Cavalier Daily) NORTH CAROLINA: Remembering our friend Darryl Hunt Darryl Hunt, who died March 13, was a long-time employee of the N.C. Coalition for Alternatives to the Death Penalty and a tireless warrior in the fight to end North Carolina's death penalty. Tarrah Callahan was Darryl's co-worker and, more importantly, his friend. This post appeared originally on NCCADP's blog. On Sunday, I looked around the room at Emmanuel Baptist Church with pain and joy at the more than 150 people who, with just a few hours' notice, had rushed to Winston-Salem to honor Darryl Hunt. Person after person stood up to share a story or an experience about how Darryl had changed their lives. I struggled to come up with one story that encompassed Darryl, and I just couldn't. There are too many layers of the complicated person that was Darryl Hunt. He was the most genuine and authentic person I've ever known. His courage and commitment to being "a voice to the voiceless" was unrivaled. Every time I talked to him, he was putting up money from his own personal account to help anyone he could. When we found out that an execution date had been set for Troy Davis in Georgia, Darryl called me and said we had to get buses of students down to march in Atlanta for Troy. When it looked like we weren't going to be able to raise funds to cover the buses, Darryl just called the company and paid for them himself. When I arrived at Emmanuel Baptist Church the following morning, I saw huge crowds of people waiting to get on the buses. On that Sunday, as on this past one, they showed up at the church with only a few hours' notice. When it came to setting the agenda for the fight for justice, Darryl spoke and people listened. To truly know Darryl was to acknowledge his complicated soul. He was wrongfully incarcerated at such a young age. He became a man in prison, without the benefit of free will to figure out who he was. But even without the ability to make the simplest decisions by himself, Darryl Hunt always knew exactly who he was. And he never wavered. We would fight sometimes because I would get so frustrated at his refusal to take care of himself. We stood vigil for Troy Davis' execution in Georgia just after Darryl suffered a massive stroke. As we waited in the excruciating heat, he would not stop to eat or take a break from the heat. Finally, after hours of pestering, we compromised and he agreed to drink some water and eat a Snickers bar. Darryl just couldn't be bothered by the inconvenience of taking care of himself. He was on a mission to change the world and ensuring his own well-being was an afterthought. At the same time, Darryl was a simple man who wanted simple things. He loved to sit in the yard and watch the deer. He loved to fish. He loved to watch the same old Western movies he'd seen so many times that he'd memorized them. Crowds, attention, fame - all overwhelmed and embarrassed him. He didn't see himself as the rock star for justice that we all knew him to be. We must acknowledge the systemic oppression that slowly crushed Darryl. So many of those close to him are blaming ourselves, wondering what we could have done to save him. How could a person who was so loved by so many feel alone? We must abandon this magical thinking. Darryl knew how much we loved him; he just couldn't escape the emotional and psychological torture that were his reality. And finally, in the midst of horrific pain from advanced cancer, he succumbed to the wounds that he had been ignoring for so long. The world will not be the same without Darryl. But we will not let his legacy die with his physical body. We will continue to fight for the reforms he championed. We will remind the world that "innocence matters." And when we finally see the end of the death penalty, he will be with us to celebrate. (source: Tarrah Callahan, ncpolicywatch.org) GEORGIA-----impending execution Vigil at Jackson prison March 31 for inmate Joshua Bishop The execution of death row inmate Joshua Bishop is scheduled for Thursday, March 31, at 7 p.m. As part of an effort to increase the Catholic presence at death penalty prayer vigils, organizers have scheduled a bus trip that day for those who want to participate in a prayer vigil on the grounds of the Georgia Diagnostic and Classification State Prison in Jackson. All are welcome to participate. On March 31, the evening will begin with a prayer service in the Chancery of the Archdiocese, 2401 Lake Park Drive, SE, Smyrna, at 4:15 p.m. The bus, sponsored by the archdiocesan Prison and Jail Ministry will depart at 4:30 p.m. from the Chancery and will return at approximately 10 p.m. A light snack and water bottles will be available. The ride is free. The late Archbishop John F. Donoghue baptized Bishop in 1999 on death row. Since his baptism, Bishop has faithfully attended Mass every Thursday and has been a frequent participant in the sacraments. Bishop is a talented artist and a leader in the death row Catholic community. He wrote an article for the Georgia Bulletin in 2014 about his friend, the late Father Austin Fogarty, and he was the subject of a 2nd article later that year. He is well known by clergy and lay volunteers alike. (source: The Georgia Bulletin) FLORIDA: Judge moves Tisdale's sentencing date by a week The sentencing date for the man convicted of gunning down St. Lucie County sheriff's Sgt. Gary Morales in 2013 has been moved from April 22 to April 29, court officials said Thursday. Circuit Judge Dan Vaughn didn't give a reason for rescheduling the sentencing of Eriese Tisdale, 28, who in October was found guilty of 1st-degree murder of a law enforcement officer stemming from a Feb. 28, 2013 traffic stop in Fort Pierce. A jury voted 9 to 3 in favor of recommending execution for Tisdale. The only other punishment option is life in prison without the possibility of parole. Tisdale's sentencing has been pending for months after the U.S. Supreme Court in January ruled Florida's death penalty was unconstitutional. That 8-1 ruling came 3 days before Tisdale was to be sentenced. The law was found unconstitutional because jurors served an advisory role while judges had the final say in death penalty cases. A new Florida law, which doesn't affect Tisdale's sentencing, was signed last month by Gov. Rick Scott. It requires at least 10 out of 12 jurors recommend execution for it to be carried out. (source: TCPalm.com) *************** Death penalty back on the table for man accused of killing neighbors A new ruling from a court of appeals has put the death penalty back on the table for a Brevard County man accused of killing his neighbors. William Woodward was scheduled for trial last month, but his attorneys successfully argued that the only appropriate sentence for a conviction would be life in prison. Woodward is charged in the 2012 Labor Day shooting deaths of Gary Lee Hembree and Roger Picior and the attempted murder of Timothy Blake. A recent U.S. Supreme Court ruling struck down Florida's procedure for imposing the death penalty, and Woodward's attorneys argued that, even if he was convicted, it wouldn't justify the death penalty. "What the judge did was, back at the time, he simply noted the fact that there was no death penalty in effect at the particular time we were going to trial," Robert Berry, Woodward's attorney, said. The state wanted the death penalty back on the table and the 5th District Court of Appeals ruled in the state's favor on Wednesday. "The ruling means that the death penalty is still a viable option and on the table for any pending cases, but the 5th DCA has certified this question as one of great public importance, so it will be reviewed and a final decision will be made by the Florida Supreme Court," State Attorney Phil Archer said. The defense said it's asking for a rehearing and if it's not granted one, it will seek review from the state Supreme Court. The defense has 14 days left to request a rehearing. (source: WFTV news) ****************** After law change prosecutors again seek death penalty against mom accused of murder Now that Florida again has the death penalty a local mom accused of killing her son could once again be facing death. Egypt Robinson's attorney previously asked the trial judge to take the death penalty off the table after the U.S. Supreme Court ruled that the method the state used to impose the penalty was unconstitutional. State Lawmakers changed the rules this session and Gov. Rick Scott signed those changes into law. On Thursday Prosecutors filed a response saying that they could once again seek the death penalty for Robinson thanks to the change in the law. Circuit Judge Michael Overstreet has not yet ruled on the motions. Investigators say Robinson confessed to stabbing her 3-year-old son, Aries Acevedo in the abdomen, stuffing his body in a suitcase and then placing the suitcase in a pond behind her home in December. Robinson is scheduled to appear in court on April 4. A trial date for her case has not been set. (soruce: mypanhandle.com) ALABAMA: Man exonerated after 30 years in prison speaks at Neumann University For approximately 30 years Anthony Ray Hinton was in jail waiting to be put to death for a crime he didn't commit. The Alabama resident was convicted of 2 counts of capital murder in the deaths of 2 Birmingham restaurant workers who were killed during a robbery in 1985. Aside from not being at the scene of the crime or even using a gun that used the same bullets prosecutors say were used in the murder, Hinton was convicted as the result of a racist southern judicial system. With the help of the Equality Justice Initiative, Hinton was exonerated and released from prison on April 3, 2015. Hinton spoke at Neumann University on Monday afternoon as the school's 2016 criminal justice speaker, recanting his experiences of being a wrongly convicted man and his subsequent release. Attorney Cathleen Price, who helped fight for his release with the EJI, introduced Hinton with a 5-minute video on his release that gave some insight into his life. "That film can not show the 30 years of pure hell I went through," said Hinton, who spent almost his entire period of incarceration in a 5-foot by 7-foot isolation cell. The period of hell started when his mother asked him to cut the grass at her house. Whilst in the middle of cutting, 2 detectives arrived at the house saying they had a warrant out for his arrest, not announcing for what crimes he allegedly committed. Hinton was identified by a white man who was shot by a black male in an unrelated robbery case. When asked if he has a gun, he responded no, but he admitted that his mother owned a pistol which she kept in her room. It was taken from the house and incorrectly linked by the state to the use in the murders, therefore linking Hinton to the crime. Claiming his innocence, a detective told him that it didn't matter because he was going to be convicted anyway for the following reasons: he was black; a white man is going to say he shot him whether he did or not; there will be a white prosecutor; there will be a white judge; and most likely an all-white jury. "I often tell people if I could meet that detective today I would reach out and shake his hand and tell him he was 4-out-of-5 correct," said Hinton, noting that maybe 3 jurors were black. When he went to court and notified the judge he could not afford an attorney, he was appointed one. "I didn't go to school for pro bono work," Hinton recalled his 1st attorney saying. "I remember the attorney looking at me and saying, 'all y'all always say you didn't do anything'." As he waited in jail for 2 years before the trial, Hinton said he only saw his attorney twice. At trial, the attorney did not think he could afford a ballistics expert, so a visually-impaired civil engineer was brought in as Hinton's witness to testify that the bullets used in the crime were not the ones that could be used in his mother's gun, leading to no credible witness to oppose the state's stance that the bullets were a match. A polygraph test that Hinton passed was not allowed as evidence in the trial. He was convicted and sentenced to death. Sometime later a lawyer was appointed to Hinton by the EJI, but after 3 years of work, the lawyer said he could get him life without parole. He was relieved of his duties. "As I walked back to my cell, I was talking to myself and telling myself, 'I must be the dumbest person in the world. You just fired the only attorney you had,'" he said. He eventually reached out to EJI's lead attorney Bryan Stevenson, who would meet with Hinton months later. "From the moment I shook his hand I felt something that I've never felt before, and in that moment I knew, without a doubt, that God had sent me this vessel," he said. Hinton asked Stevenson to find him a white ballistics expert in the south. Why? "I knew a white a white man could understand the south," adding that lawyers from up north wouldn't "stand a chance" down there. He wanted someone to tell the truth. Using more than 1 expert who said the bullets did not match, appellate courts refused to allow a new trial even with this new, crucial evidence. Then came a personal blow to Hinton. On Sept. 22, 2002 he received word that his mother died. "That day I died because my mother died. I didn't care anymore," said Hinton, wanting to drop anymore legal action to prove his innocence, but a voice told him to keep going. Eventually, Stevenson suggested taking the case to the Supreme Court. "A man should never have to make a decision like that without a strong drink," Hinton said. Whiskey would have done it for him that night, but instead he drank a Coke. When it was brought to the Supreme Court, they were unanimous in granting Hinton a new trial. The state still didn't drop the case, and decided to track the murder weapon and the bullets. A state witness was asked to reexamine the bullets. Hinton said the witness "did not see" what he saw 30 years ago, and yet knew the bullets didn't match then. "I spent an extra 16 years on death row for a crime they knew all along I did not commit," said Hinton fighting back tears. On April 3, 2015, the state officially announced they were dropping the charges and Hinton became a free man. He went back to live in his mother's home like he had 30 years ago. It had since been abandoned, but Hinton fixed it up with the best furnishings and a California king-sized bed, the latter being less luxurious than he'd thought. "The problem is I didn't have the space to stretch," said Hinton who was so used to being in the fetal position in his small cell for the past 30 years. He also had to be re-accustomed to having his own bathroom and showering whenever he felt like. He says he doesn't have any hard feelings or hatred to the people who convicted him and took away 3 decades of his life. "I forgive them so I can live ... (to) enjoy the beauty God has blessed us with," he said, noting how he runs into the rain when others run out from it, and going outside to enjoy the stars and moon, things he has not done for half of his life. "Imagine being locked up in a 5-by-7 ... for 30 years ... for something that you didn't do. I need you to join me in fighting against the death penalty every man and woman sent to death row for something that they didn't do." (source: delconewsnetwork.com) TENNESSEE: Federal Court vacates McNish death penalty The U.S. District Court ordered the 32-year-old death sentence of Carter Countian David McNish vacated and ordered the 1st Judicial District to conduct a new sentencing hearing or impose a lesser sentence on McNish within 180 days. District Judge Pamela Reeves ruled McNish had some merit to his claim he had ineffective assistance from his legal counsel following his conviction because the counsel failed to consider mitigating circumstances about the abusive environment he grew up in, his family problems and his mental problems. McNish was sentenced to death by a Carter County jury in 1984 following his conviction of 1st-degree murder in the April 5, 1983, of then 70-year-old Gladys Smith Reeves said the record indicates McNish's case "bounced around from 1 attorney to the next during the state's post-conviction appeal proceedings, none of Petitioner's counsel thoroughly investigated the lack of mitigating evidence in the form of Petitioner's social, mental and family history." During the post-sentencing phase, new evidence was presented from McNish's family members that described an abusive environment in which McNish grew up. Affidavits from the family members said McNish's mother was an alcoholic who drank throughout all her pregnancies, and his parents ran a bootleg alcohol business, using their children to deliver and hide the illegal alcohol. The affidavits also indicated many strangers came to the McNish home to buy alcohol and his parents hosted all-night parties where his mother "got drunk and engaged in sexual relationships with the men. Some of these men also attacked the McNish children, and his parents did nothing to stop them. Petitioner's father, George McNish, abused his children, and his mother did not take the children to see a doctor because she did not want people to find out what he was doing to the children. In addition, petitioner had to watch his sisters being molested by his older brothers, some of whom also abused him." McNish's older brother and sisters ran away from home at young ages. As a child, McNish did not go far from home, but he did climb high into trees and stay there as long as he could. He joined the Army at 17, but was discharged after a doctor discovered a birth defect when McNish suffered a back injury. McNish said he had been self-medicating for his back pain and compounded this with pain medicine for headaches after he was injured in a car accident. McNish said he attempted suicide by overdosing on nerve pills. He was diagnosed with hysterical personality and drug dependence prior to the murder. He also said he was taking a many as 80 pills of seconal, darvon, valium, nimbutal and meprobamate on a daily basis. Reeves said "having found that this claim has some merit, counsel's actions in ignoring this avenue that was potentially successful cannot be rationalized." (source: Johnson City Press) From rhalperi at smu.edu Fri Mar 18 09:46:17 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 18 Mar 2016 09:46:17 -0500 Subject: [Deathpenalty] death penalty news----OHIO, ARK., ARIZ., NEV., CALIF., USA Message-ID: March 18 OHIO: Romell Broom ruling allowing serial execution attempts sets up nightmare scenario How many times should a state be able to try to execute someone without running afoul of the Constitution? Little noted amidst this week's headline-grabbing news of Donald Trump's latest Republican primary victories and President Barack Obama's nomination of Merrick Garland to the U.S. Supreme Court, the Ohio Supreme Court ruled on Wednesday that neither the federal nor the state constitution forbids Ohio from trying to execute someone more than once. While this ruling may set up another opportunity for the U.S. Supreme Court to consider the constitutionality of capital punishment, it nonetheless allows the nightmarish possibility that the state can proceed in a negligent manner in carrying out an execution and, if it fails in the first attempt, to try, try again. This should shock and trouble those who support capital punishment as well as those who oppose it. The Ohio decision gave the state the green light to proceed with another execution attempt of Romell Broom, only the 2nd person in the last century and a quarter to survive a botched execution. On Sept. 15, 2009, Broom, who had been convicted of kidnapping, rape, and murder, was brought to Ohio's death chamber where he was to be executed by lethal injection. His executioners repeatedly attempted to insert an intravenous line into Broom's arms and legs. As they did so, Broom winced and grimaced with pain. At one point, he covered his face with both hands and appeared to be sobbing, his stomach heaving. After an hour had passed, Broom tried to help his executioners, turning onto his side, sliding the rubber tubing that served as a tourniquet up his left arm, and alternatively squeezing his fingers together and apart. Even when executioners found what they believed to be a suitable vein, it quickly collapsed as they tried to inject the saline fluid. Broom was once again brought to tears. After more than 2 hours of executioners sticking Broom's arms and legs with the needle, the prison director decided that the execution team should rest. The governor of Ohio issued a reprieve stopping the execution. Neither simple decency nor the 8th Amendment can tolerate carrying out a death penalty sentence in a shoddy manner. Broom was put back on death row, and his lawyers soon mounted a legal challenge designed to prevent the state from returning Broom to the gurney. They claimed that doing so would amount to punishing him twice for the same crime in violation of the constitutional prohibition of double jeopardy and that it would also be cruel and unusual to do so. In Wednesday's 4-3 decision, the Ohio Supreme Court rejected both of these claims. Deploying a fine bit of legal hairsplitting, the majority reasoned that since the drugs designed to kill Broom never reached him, that he had not been "punished" during the aborted execution. The effort to establish a viable IV line was merely a "necessary preliminary step (which) does not, by itself, place the prisoner at risk of death." Under this reasoning, nothing would prohibit Ohio from returning Broom to the death chamber 2, 3, or 4 times, each time strapping him down and inserting IV lines so long as it did not go beyond these "preliminaries." In addition, the Ohio court found that the state's "intention" in going forward with a 2nd effort to execute Broom is not "to cause unnecessary physical pain or psychological harm ...." As a result, doing so would not amount to unconstitutional cruelty. Here the Ohio court followed the U.S. Supreme Court's 1947 decision in the case of Willie Francis, who had survived Louisiana's 1st effort to put him to death by electrocution when the current of electricity proved insufficient to kill him. As the Court saw it, whether Louisiana's plan to return Francis to the electric chair would violate the Constitution had little to do with Francis, and any pain he might have suffered during the 1st execution attempt or his painful anticipations of the 2nd. The Constitution, the Court said, clearly permits "the necessary suffering involved in any method employed to extinguish life humanely." The constitutional question, in the Francis as in the Broom case, turned on the behavior of those in charge of the "1st" execution. The Supreme Court found that those officials carried out their duties in a "careful and humane manner" with "no suggestion of malevolence" and no "purpose to inflict unnecessary pain." The failure of the 1st effort to execute Francis was, as the Court described it, an "unforeseeable accident ... for which no man is to blame." The courts in these 2 cases seem to have accepted a kind of stereotypical Jewish mother defense ..."But I meant well." What Francis experienced, or what Broom has and will experience in his return to the death chamber, was irrelevant. It is almost certain that the Bromell case now will make its way to the U.S. Supreme Court and that it will offer that court the chance to revisit the unfortunate precedent it set more than 60 years ago. One can only hope that the Court will now insist that if the government is going to carry out executions that there be no room for error. Neither simple human decency nor the 8th Amendment can tolerate a government carrying out a death penalty sentence in a shoddy manner. If we are going to have a death penalty, we cannot allow death, as the dissenting justice in the Francis case put it, to be carried out on the installment plan. (source: Opinion; Austin Sarat is the William Nelson Cromwell professor of jurisprudence and political science and the associate dean of the faculty at Amherst College in Massachusetts. He is the author of "Gruesome Spectacles: Botched Executions and America's Death Penalty."----cleveland.com) ***************** Former Ohio prisons director Terry Collins dies Chillicothe native and former Ohio prison director Terry Collins died suddenly Thursday. His wife of 44 years, Linda Collins, was working when she got the call he had collapsed while working out and was taken to Adena Medical Center. She said he had felt fine in recent days and the apparent heart attack "took him very quickly." "He was a wonderful man, respected by everybody in his field; a wonderful husband and father and grandfather. Certainly not ready (for him to go)," Linda Collins said, adding they had just celebrated his 63rd birthday on Tuesday. Terry Collins oversaw the prison system for more than 3 years before his Feb. 1, 2010, retirement. He had started his career in corrections in 1977 as a social worker at the Southern Ohio Correctional Facility. He served as warden at Lorain Correctional Institution, Southern Ohio Correctional Facility, and Ross Correctional Institution. He became deputy director of institutions in 2000, assistant corrections director in 2005 and director in May 2006 on an appointment from then-Gov. Bob Taft. He was reappointed by Strickland in February 2007. Current prisons director Gary Mohr, also of Chillicothe, worked alongside Collins for many years, and the 2 were wardens at the same time at Chillicothe's 2 prisons. "The entire DRC family is saddened by the tragic loss of former Director Terry Collins ... Terry was a solid person and professional who cared deeply about our agency and understood the importance of having a balance between his career and family," Mohr said in a statement released Thursday. "The Collins family continues to be in our thoughts." Mohr praised Collins in a letter to the Chillicothe Gazette in 2010, saying Collins was "anchored to principles of always trying to do the right thing with honorable intentions and treating people with unconditional regard." Teri Minney, who recently retired as an Adult Parole Authority regional administrator, called Collins death an "enormous loss." "Terry was a leader not just to the department, but nationally. He cared about the staff ... he cared about the offenders and truly wanted to see a change in their lives and it made the rest of us want to see a change," Minney said. Collins' respect by his peers was evident when the state opted to name its first reentry center, located in the former honors camp at Ross Correctional Institution, in his honor. Minney said despite challenges in creating the center, which initially called for a new building on the grounds of Chillicothe Correctional Institution, Collins was always ready with a smile and positive outlook that the project would move forward. "(The reentry center) was something I promoted for years at (the Ohio Department of Rehabilitation and Corrections)," Collins said at the July 2014 dedication of the Terry Collins Reentry Center. "It's always been a passion of mine to help individuals and provide them the opportunity to change." In recent years, Collins had become a vocal opponent of the death penalty and joined Ohioans to Stop Executions in an October march from Lucasville to Columbus. "He was courageous," Minney said. "He would speak out against things that weren't always popular (to speak against)," Minney said. Funeral arrangements will be will be under the direction of Haller Funeral Home. (source: Chilligothe Gazette) ARKANSAS: Ruling: Inmate facing execution owed an appeal A man facing the death penalty for raping and killing his niece -- the daughter of a legislator -- can go back to trial court for post-conviction relief after an Arkansas Supreme Court ruling Thursday. Karl Roberts was mentally unfit when he waived his rights to post-conviction reviews, according to a majority of the Arkansas Supreme Court, which sent Roberts' most recent appeal of his execution sentence back to Polk County Circuit Court. Roberts, now 48, was first convicted and sentenced to death in 2000 in the 1999 murder of Andi Brewer, 12, whose body was buried outside Mena. His execution has been delayed by a range of appeals as well as a competency hearing held in 2014 in which Circuit Judge J.W. Looney found that Roberts both "knowingly and intelligently" waived his rights to a post-conviction appeal. The girl's mother is state Rep. Rebecca Petty, R-Rogers. Last year, Petty sponsored legislation that would become known as "Andi's Law," which expanded the number of family members that could be present for an offender's execution. After his conviction, Roberts waived his rights to an appeal. But on the day of his scheduled January 2004 execution, he asked for and was granted a stay in federal court. The case was then sent back to state court. After hearing evidence and testimony from two mental-health experts, Looney ruled that Roberts had "the capacity to choose between life and death" when Roberts sent the court a letter in September 2013 once again waiving his right to relief. Looney then dismissed Roberts' challenge of his sentence. The majority of the state's justices, 4, and all but 1 of the 3 dissenters, agreed that the testimony showed that Roberts' mental health was suspect. Writing for the majority, Justice Rhonda Wood said death-row inmates can waive their rights only to post-conviction relief if they understand the distinction between life and death and can "knowingly and intelligently" waive their rights. A psychological expert who testified for the state found Roberts suffered from schizophrenia as well as auditory and visual hallucinations and delusions. The expert would not venture a guess as to whether Roberts was of sound mind, but said Roberts' decision-making was "colored by his psychotic experiences" and there was "significant concern" over whether the inmate could make a rational choice about life and death. A psychologist brought in by Roberts' attorney testified that Roberts' thinking was "clouded by his psychosis," and that expert testified he didn't think Roberts could distinguish between life and death. "The evidence before [Looney] evinces that it is undeniable that Roberts suffers from schizophrenia, that these symptoms of his psychological disorder clearly impact his ability to choose between life and death and to knowingly and intelligently waive his appeal rights," Wood wrote. "And the State's own expert could not conclusively find that Roberts' rational reasoning was greater than his psychotic reasoning." Dissenting justices wrote that Looney's order did not follow procedure and it left justices with no insight to his ruling. Joined by Justice Paul Danielson in a dissenting opinion, Chief Justice Howard Brill wrote that the majority overstepped its bounds and should have sent the case back to lower court for a better ruling. "The majority engages in fact-finding that is within the exclusive province of the circuit court," Brill wrote. "This court has repeatedly stated that it does not try issues of fact. ... Further, as a matter of policy, this court should be wary of making conclusive findings of fact on a competency issues in a death-penalty case." In her separate dissenting opinion, Justice Courtney Goodson wrote that she would uphold Looney's ruling. (source: arkansasonline.com) ARIZONA: Court to review ruling that overturned man's death sentence The Arizona Supreme Court has agreed to review a trial judge's decision that threw out a death sentence for a man convicted of killing a prostitute in Phoenix in 1993. The state high court said Tuesday it will schedule oral arguments on prosecutors' appeal of a 2015 ruling by now-retired Judge Roberts Gottsfield in the case of Darrel Peter Pandeli. Gottsfield ruled that Pandeli's former attorney was "deficient" in presenting evidence during Pandeli's original sentencing and that jurors weren't told the defendant suffered from a mental illness that affects his brain function. The judge ordered a new penalty phase trial. Pandeli was convicted for the 1993 killing of 43-year-old Holly Iler. She was found in an alley with her throat slashed and her breasts cut off. (source: Associated Press) NEVADA: Judge rejects man's guilty plea in Vegas death penalty case A Nevada judge rejected Las Vegas man's guilty plea in a capital murder case stemming from the rape, torture, killing and mutilation of a 15-year-old girl on her way home from school. The Thursday ruling set the more than 4-year-old case in the slaying of Arbor View High School student Alyssa Otremba on an uncertain path. Javier Righetti's trial in October likely will be delayed pending appeals to the Nevada Supreme Court. Righetti pleaded guilty Feb. 11 with no promise that he won't be put to death for the September 2011 slaying. He was 19 at the time. His fate was to be decided by a Clark County District Court jury. Prosecutors asked to undo the plea because Righetti didn't specifically admit the slaying was willful, premeditated and deliberate. (source: Associated Press) CALIFORNIA: Attorneys go over DNA evidence a month before start of alleged killer's death-penalty trial Attorneys for Antolin Garcia Torres, charged in the 2012 kidnapping and presumed killing of South County teen Sierra LaMar, appeared in court Thursday to discuss a handoff of DNA evidence from prosecutors in the lead-up to the highly anticipated death-penalty trial slated to begin next month. Thursday's proceeding revolved around the Alternate Defender's Office's request for discovery involving DNA evidence that attorneys contend has 11 partial DNA matches on top of biological evidence from Garcia Torres. A call to the attorneys representing Garcia Torres was not immediately returned Thursday. Deputy District Attorney David Boyd said the two sides reached an agreement over the requested evidence. The hearing was among a marathon of procedural touchstones before Garcia Torres' trial, which is scheduled to begin April 25. Garcia Torres has been in jail since his May 2012 arrest in connection with the presumed death of 15-year-old Sierra, who disappeared March 16, 2012 while walking to a bus stop in an unincorporated part of Santa Clara County near Morgan Hill. The teen's body has not been found. A grand jury in 2014 indicted Garcia Torres for kidnapping and murder in Sierra's case, and attempted kidnapping and carjacking related to three separate 2009 incidents. The grand jury report obtained by this newspaper revealed that Sierra's hair was found on a rope in Garcia Torres' car trunk. His DNA was discovered on her pants and his own words unknowingly implicated him to authorities, according to the transcript. Family and friends of Sierra gathered in Fremont on Wednesday to commemorate the 4th anniversary of her disappearance, and a search for her is scheduled for Saturday in the area around the Uvas Reservoir near Morgan Hill. The searches were conducted in South County regularly for over 3 years and are still intermittently performed by volunteers. (source: Mercury News) USA: Rodriguez Could Get New Defense Attorneys For Death Penalty Appeal New attorneys could be taking over the death penalty appeal of Alfonso Rodriguez Jr. The Minnesota Federal Public Defender's Office has asked a federal judge to withdraw from the case. 2 additional court-appointed death penalty experts are also seeking to be removed. Court documents say "personnel changes" at the Minnesota office, plus changes in the federal system "prevent the office from continuing to perform its role." Federal prosecutors in Fargo plan to file a response to the request within 10 days. Rodriguez is on death row for the 2003 murder and kidnapping of Dru Sjodin. (source: KVRR news) ******************** Defense alleging juror misconduct during Alfonso Rodriguez trial Another possible delay in the Alfonso Rodriguez death penalty case. He is on death row for the kidnapping, rape, and murder of UND student Dru Sjodin back in 2003. The defense is alleging juror misconduct during the trial. Some of those appeal hearing aren't scheduled until next year. But that may be delayed even longer. His defense team is seeking a new lawyer to take over the case. They argue the switch is needed because of staffing changes in both the federal system and the Minnesota office where one of his lawyers worked. (source: WDAZ TV news) ************ Merrick Garland: Where Does Supreme Court Pick Stand on Guantanamo, Death Penalty, Abortion? Terry O'Neill----president of the National Organization for Women. NOW released a statement on Wednesday calling Garland "a real nowhere man." As Democrats and Republicans gear up for a battle over whether the Republican-controlled Congress will hold hearings to consider President Obama's Supreme Court nomination of Judge Merrick Garland, we take a look at Garland's judicial record. Merrick Garland is the chief judge for the U.S. Court of Appeals for the D.C. Circuit. He was named to his current post by Bill Clinton in 1997, winning confirmation from a Republican-led Senate in a 76-23 vote. Prior to that, Garland worked in the Justice Department, where he prosecuted the Oklahoma City bombing case. Garland is widely viewed as a moderate judge, who he has received bipartisan support in the past. With the 9-member Supreme Court now evenly split with 4 liberal and 4 conservative justices, Garland could tilt the court to the left for the 1st time in decades. But some organizations have expressed concern that his record on certain issues, including abortion rights, is unclear. To examine his views, we are joined by Terry O'Neill, president of the National Organization for Women, and Ian Millhiser, author of the book "Injustices: The Supreme Court???s History of Comforting the Comfortable and Afflicting the Afflicted." -------------------------------------------------------------------------------- NERMEEN SHAIKH:After weeks of speculation, President Obama has announced his nominee to replace the late Justice Antonin Scalia on the Supreme Court. PRESIDENT BARACK OBAMA: I've selected a nominee who is widely recognized not only as one of America's sharpest legal minds, but someone who brings to his work a spirit of decency, modesty, integrity, evenhandedness and excellence. These qualities and his long commitment to public service have earned him the respect and admiration of leaders from both sides of the aisle. He will ultimately bring that same character to bear on the Supreme Court, an institution in which he is uniquely prepared to serve immediately. Today I am nominating Chief Judge Merrick Brian Garland to join the Supreme Court. AMY GOODMAN: Republicans have vowed to block the nomination of Judge Merrick Garland. Senate Majority Leader Mitch McConnell said the Senate will wait until a new president is in place next January before even holding a hearing on a nominee. MAJORITY LEADER MITCH McCONNELL: President Obama made this nomination not - not with the intent of seeing the nominee confirmed, but in order to politicize it for purposes of the election. AMY GOODMAN: President Obama criticized Republicans for threatening not to hold confirmation hearings. PRESIDENT BARACK OBAMA: It is tempting to make this confirmation process simply an extension of our divided politics - the squabbling that's going on in the news every day. But to go down that path would be wrong. It would be a betrayal of our best traditions and a betrayal of the vision of our founding documents. NERMEEN SHAIKH: Many analysts say Obama chose Judge Garland to make it harder for Republicans to outright reject him without facing a political backlash. Merrick Garland is the chief judge for the U.S. Court of Appeals for the D.C. Circuit. He's widely viewed as a moderate judge who has received bipartisan support in the past. He was named to his current post by Bill Clinton in 1997, winning confirmation from a Republican-led Senate in a 76-to-23 vote. Prior to that, Garland worked in the Justice Department, where he prosecuted the Oklahoma City bombing case. At 63 years old, Garland is the oldest Supreme Court nominee in 4 decades, a move some consider a concession by President Obama. The 9-member Supreme Court is now evenly split with 4 liberals and 4 conservative justices. Garland could tilt the court to the left for the 1st time in decades, though some organizations have expressed concern that his record on certain issues, including abortion rights, is unclear. On Wednesday, Merrick spoke briefly about his legal views. JUDGE MERRICK GARLAND: Fidelity to the Constitution and the law has been the cornerstone of my professional life, and it is the hallmark of the kind of judge I have tried to be for the past 18 years. If the Senate sees fit to confirm me to the position for which I have been nominated today, I promise to continue on that course. AMY GOODMAN: For more, we're joined by 2 guests. Terry O'Neill is president of the National Organization for Women. NOW released a statement on Wednesday calling Judge Garland, quote, "a real nowhere man." And we're joined by Ian Millhiser, senior fellow at the Center for American Progress Action Fund and the editor of ThinkProgress Justice. He's the author of the book Injustices: The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted. We welcome you both to Democracy Now! Ian Millhiser, why don't you review his record? Talk about Judge Garland, what he is known for, the decisions that he has made. IAN MILLHISER: Sure. I mean, he is definitely to the left of center, but, you know, I think it's accurate to call him a fairly centrist judge. He comes from a long-standing progressive tradition of judicial restraint that really stretches back to the Roosevelt administration. And what that means is that as a justice, I think that he is likely to want the courts to do much less than conservatives have wanted them to do in the last 7 years over the course of Obama's presidency. A big reason I think that Obama probably picked Garland is because Obama has spent his presidency being harassed by lawsuits, and I think he's tired of that. He wants a little more judicial restraint. What it means if Garland is confirmed is that the sort of aggressive judicial activism we've seen over the last 7 years probably gets halted. It also means, however, that some things that liberals might want from the court, they're probably not going to get from Judge Garland. AMY GOODMAN: Well, talk about some of his key decisions. IAN MILLHISER: Well, I mean, I think that since he's a judge on the D.C. Circuit - the D.C. Circuit's primary role is reviewing the regulatory actions of federal agencies. And there, he's been fairly deferential, and generally deference to federal agencies is something that's going to be good for the party that wants to be able to govern. 2 areas where he has shown a strain of conservatism: He is a federal prosecutor, and he does tend to be more conservative than other Democratic appointees on criminal justice; there's also a Guantanamo Bay opinion where he sided with the Bush administration. It's worth noting that the precedents that were in place at the time of that opinion were not good precedents. They were written in haste. They go back to World War II. And so, some people have defended him by saying that he was just following precedents. But he was also reversed by the Supreme Court, and he was reversed to his left. So, you know - AMY GOODMAN: And explain what he ruled. IAN MILLHISER: Sure. So there was a question then dealing with whether or not Guantanamo Bay detainees were allowed to go to civilian courts or whether they had to go through the military tribunal system. He joined a ruling saying that they had to go through the tribunal system. At the - I believe he relied on a World War II precedent called Eisentrager, which is not a great decision. And that - and then his opinion was reversed by the Supreme Court 5 to 4 in the Rasul case. NERMEEN SHAIKH: And, Terry O'Neill, your organization, the National Organization for Women, has called Judge Garland a "nowhere man." What are some of the concerns that you have about Judge Garland? TERRY O'NEILL: You know, Amy, we don't know where Judge Garland stands on some key issues for women. And this, actually - this concern actually sort of predates the nomination of Judge Garland. For a long time, it seems, presidents have decided that they must nominate people that we don't have much of a record on. I think it's time for us to take a step back and look at values. President Obama is absolutely right: You want to put a person on the Supreme Court who has impeccable credentials, who is - who really, truly has a strong intellectual capability and a record of excellent performance. But we also need justices on the Supreme Court who will uphold the values that this country stands for - equality, a recognition of basic human rights, expansion of voting and political engagement for all of our citizens. If - we need to have some assurance that those values are held by the Supreme Court nominee. And this is what I was getting at when I said, OK, so, "Nowhere Man" from The Beatles, a little quote there. But my point is that we don???t know. I also think it's important to have more diversity on the Supreme Court. I have joined with other women's - women of color organizations. NOW has joined in calling for the appointment of an African-American woman. There are many highly qualified African-American women that could fill that seat. NERMEEN SHAIKH: And, Terry O'Neill, what have you heard or what do you know about the position that Judge Garland has taken on women's issues? TERRY O'NEILL: Honestly, Amy, I just don't know. We are obviously digging into it now, and we are trying to find out. But let's be clear: The United States Congress, certainly the House of Representatives, has been very aggressive at trying to block women's access to basic healthcare. We know that state after state after state is not only going after basic reproductive healthcare, but in another area, states are suppressing the vote. It turns out when you target communities of color and immigrant communities and older people and younger people to suppress the vote, women are disproportionately impacted by that. So there's a range of issues that are coming, that have been before the Supreme Court, are going to be before the Supreme Court, that dramatically impact women. And we are trying to dig through and find out what we can about Judge Garland on those issues. AMY GOODMAN: Actually, Terry, Nermeen asked you those questions. But I did want to ask Ian Millhiser, how is it - I mean, isn't he the longest-reigning judge of any - IAN MILLHISER: Right. AMY GOODMAN: - Supreme Court justice, any Supreme Court justice ever did - what was he? 18 years on the bench? It's interesting that there is no record of his stand on women's reproductive rights. IAN MILLHISER: Right. I mean, I actually don't think that's unusual. I mean, big abortion cases are not very common in the federal courts. Most federal court of appeals judges will go their entire career, never hear an abortion case. You know, this issue we have coming up now that's now in front of the Supreme Court again, dealing with whether or not women's bosses get to decide if they have access to birth control, that's a fairly new issue. That issue really didn't exist in the federal courts 5 years ago. And so, most federal judges just haven't heard those sorts of cases, either. There was a case in the D.C. Circuit, but Garland was not on that panel. So, I mean, I don't think that it would be fair to accuse him of being evasive. When you're a U.S. court of appeals judge, you are randomly assigned to panels, and I believe a computer does it. And if there was an abortion case that came up during his tenure, he just wasn't randomly assigned to the panel. It's fair to say that we don't know as much about him as we might want to know, because he wasn't randomly assigned to it. But I think that this is just simply a creature of the fact that those cases aren't particularly common, they're randomly assigned, and Garland didn't draw that straw. AMY GOODMAN: He's most well known for overseeing the prosecution and investigation of the Oklahoma City bomber Timothy McVeigh, which would put him also on the side of the death penalty? IAN MILLHISER: Potentially, yes. Now, a lot has happened in the death penalty since then. There's a lot of new concerns that have been raised about not just racial profiling in the death penalty, but about the method we use to execute people and whether it amounts to torture. You know, Hillary Clinton said the other night that she supports the death penalty for someone like Timothy McVeigh, but she thinks that the states shouldn't be using it. So, you know, there are nuanced positions between total abolitionism and using it with the frequency that we use it now. And I could only speculate, based on his record, whether he would join some of the more nuanced cases saying, for example, that lethal injection is too cruel - is too cruel a method of execution and shouldn't be used, or that there need to be more protections to prevent race from playing the role that it does right now. NERMEEN SHAIKH: And, Ian, since Judge Garland has had largely bipartisan support 'til now, what do you make of President Obama's decision to nominate him? IAN MILLHISER: I think there's 2 things at play. I mean, 1 is simply that I think this is the person that Obama wanted. You know, Obama believes in judicial restraint. I think that his experience as president has enhanced that belief. And this is someone who aligns with what Obama believes. I also think there's a strategic play here, which is that as it becomes clearer and clearer that Senate Majority Leader McConnell's position is that Donald Trump should get to pick the next Supreme Court justice and not Barack Obama, the fact that Obama has offered a very moderate, very reasonable guy, who's had a lot of bipartisan support, I think the White House is hoping that that puts Republican senators in a box, and it might be possible to peel some of them off. I don't know if I necessarily agree with that calculation, but I think that's part of the calculation, is he thinks that, faced with constant attacks, pointing out that their position is Donald Trump should pick the next Supreme Court nominee, eventually, he thinks, some of them are going to buckle. AMY GOODMAN: Prior to his time as federal judge, Merrick Garland served as a prosecutor in the Clinton Justice Department, as we said, overseeing the prosecution of Timothy McVeigh. That was April 19, 1995, killing 168 people. Merrick Garland spoke about the case on Wednesday. JUDGE MERRICK GARLAND: Years later, when I went to Oklahoma City to investigate the bombing of the federal building, I saw up close the devastation that can happen when someone abandons the justice system as a way of resolving grievances and instead takes matters into his own hands. Once again, I saw the importance of assuring victims and families that the justice system could work. We promised that we would find the perpetrators, that we would bring them to justice and that we would do it in a way that honored the Constitution. The people of Oklahoma City gave us their trust, and we did everything we could to live up to it. AMY GOODMAN: Ian Millhiser, if you can talk about now the politics of what's going to happen, the whole issue of who will meet with him, who won't? Senator Grassley, who's going to come under a lot of pressure because he's up for re-election this year, has said he will meet with him. Mitch McConnell spoke to him on the phone but says he will not meet with him. Talk about precedent for this. IAN MILLHISER: Well, this is completely unprecedented. A third of all presidents have had someone confirmed during the last year of - the last year of their presidency to the Supreme Court. This idea that there's some sort of rule that you are less - that Barack Obama is less the president because he's in his last year, that's something that hasn't existed before. And Mitch McConnell has said that he will not guarantee the next president's nominee a vote, depending on who that president is. So what's really going on here is that the rule that the Senate Republicans want to set is that you don't get your nominee confirmed if you are a Democrat. The question is whether they're going to be able to hold to that. And, you know, there's going to be a lot of silly dances going on. You know, who's going to meet with him? Who's going to not meet with him? Is he going to get a hearing? Is he not going to get a hearing? At the end of the day, though, Obama has offered them a pretty good deal. You know, Obama has offered them a pretty moderate guy. He's offered them an older justice, who won't serve as long as someone younger would. And if they hold out too long, they risk having President Clinton come in next year and pick a 49-year-old. So, at the end of the day, I think that Republicans need to be smart about this and realize that Obama has put a deal on the table that's actually a pretty good deal for them. And if they want to hold out for Donald Trump or whoever they want the next president to be, they can try to do that, but they could wind up with President Clinton in the White House picking someone that they're going to like even less. AMY GOODMAN: I want to thank you both for being with us, Ian Millhiser, senior fellow at the Center for American Progress Action Fund and editor of ThinkProgress Justice. And I also want to thank Terry O'Neill, president of the National Organization for Women. This is Democracy Now!, democracynow.org (source: Democracy Now!) From rhalperi at smu.edu Fri Mar 18 09:47:06 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 18 Mar 2016 09:47:06 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 18 UNITED KINGDOM/ETHIOPIA: David Cameron writes to Ethiopia amid fears for death-row Briton David Cameron has intervened twice to secure UK access to a Briton who was kidnapped by Ethiopian forces in 2014, it has emerged, amid Foreign Office concerns that there has been "no substantive progress" on the case. The government has confirmed to Buzzfeed News that since 2014, the Prime Minister has written twice to his Ethiopian counterpart to ask for regular British consular access to Andargachew 'Andy' Tsege. Mr Tsege is a British father of 3 who was kidnapped and rendered to Ethiopia by the country's security forces in June 2014. Mr Tsege, a political activist who has called for reform in Ethiopia, appears to be held under a sentence of death that was imposed in absentia in 2009. British officials have asked the Ethiopian government for regular consular access to Mr Tsege, and for a 'legal process' for him in Ethiopia, but have stopped short of requesting his release. (http://www.ekklesia.co.uk/node/22741) News of the Prime Minister's interventions came as a July 2015 briefing from the Foreign Secretary's office to Downing Street emerged. In the briefing, officials note that the UK's strategy on Mr Tsege's case had achieved "no substantive progress" since 2014, and that "our repeated requests for regularised consular access have not been granted" by Ethiopia; "despite multiple assurances given to the foreign secretary by the Ethiopian foreign minister." The briefing concludes by describing the UK's relationship with Ethiopia as an "otherwise successful partnership." The news follows the recent voicing of concerns for Mr Tsege by the UN Special Rapporteur on torture, Juan Mendez. In his annual report to the UN's Human Rights Council, which meets this month, Mr Mendez said there was "substantial" evidence that the Ethiopian government had subjected Mr Tsege to "torture, ill-treatment, prolonged solitary confinement and incommunicado detention." Calls for Mr Tsege's release have already been made by the UN's Working Group on Arbitrary Detention, the European Parliament, and human rights organisation Reprieve, which is assisting his family in London. Harriet McCulloch, deputy director of the death penalty team at Reprieve, said: "Andy Tsege was unlawfully sentenced to death in absentia by Ethiopia's government, and has since suffered a series of terrible abuses - including kidnap, rendition and torture. Yet, nearly 2 years on from Andy's disappearance, it appears even David Cameron's interventions aren't moving Ethiopia to grant the UK's basic requests. Britain must take a much firmer line, and ask Ethiopia to release Andy - as the UN and others have done." *Further detail on Mr Tsege's case can be found on the Reprieve website, here. * Reprieve http://www.reprieve.org.uk/ (source: ekklesia.co.uk) THAILAND: Arrested in Thailand: Mysterious Canadian with links to UN gang Khamla Wong, who lived in B.C. and has ties to the UN gang, has been arrested in Thailand on drug charges. A mysterious Canadian with links to the United Nations gang has been arrested in Thailand on drug trafficking charges. Khamla Wong, also known as Khamla Siharaj, is also accused in Canada of smuggling hundreds of kilograms of cocaine into B.C. The 46-year-old has been on the run since 2012 when he was charged after a major investigation by the Combined Forces Special Enforcement Unit-B.C. Wong was living in Abbotsford before he disappeared. At one time he owned a restaurant frequented by UN gang members in the Fraser Valley city. Thai authorities confirmed Tuesday that Wong had been arrested with a Chinese national in Bangkok and charged with possession with the intent to sell 259 ecstasy pills. Wong is also being investigated for fraud after he was found with a fake passport in the name of a Thai national. Thai police said Wong has used the passport regularly since 2013 to travel in and out of Thailand. CFSEU Staff Sgt. Lindsey Houghton said Wong will have to deal with his Thai charges before Canada can prosecute him. "We are aware the Thai police have located Khamla Wong and have arrested him on what appears to be a local drug-related investigation," Houghton said Thursday. "So now we are in talks with the Department of Justice. Whatever happens to Khamla in the Thai courts, that's got to be resolved before any action is taken between our respective governments." Thailand has notoriously harsh sentences for drug trafficking - up to life in prison or even the death penalty. "From what I've read, that is the potential penalty for a drug trafficker in Thailand," Houghton said. In Canada, Wong faces 1 count of conspiracy to traffic 121 kilograms of cocaine, another count of conspiracy to import 97 kilograms of cocaine and one count of possession of a firearm. He was born Khamla Siharaj in Laos before immigrating to Canada and legally changing his name to Wong. He became a Canadian citizen, but as a result of his outstanding Canada-wide arrest warrant and the Interpol Blue Notice, Passport Canada revoked his Canadian passport. Justice Dept. media officer Andrew Gowing confirmed there is an extradition treaty between Canada and Thailand. "Due to the confidential nature of state-to-state communication, the government can neither confirm nor deny whether an extradition request has been made related to Mr. Wong," Gowing said in an email. Before Wong's arrest, Canadian authorities believed he was hiding with his wife and young Canadian children in either Europe or Asia. "Wong speaks many Asian languages, along with English. He has already changed his name at least once, as has his wife, and this, along with his language skills, is likely making his ability to move around Asia - where we believe he has spent much of his time - and escape the police much easier," Houghton said earlier. He also told The Sun that Wong was "extremely savvy to police techniques and counter-surveillance, but we believe that he has also made many enemies in the criminal world." Wong's co-accused in Canada have received stiff sentences. Last year, Jeremy Albert Stark got 13 years and Christopher Lloyd Mehan was sentenced to 10 for their roles in the international drug ring. Another accused, Robert Charles Arthur, received a 3-year sentence in January. The B.C. men were snared in the investigation started by the U.S. Drug Enforcement Administration in Los Angeles in 2008. The DEA used a confidential informant to distribute encrypted BlackBerry devices to members of the drug gang in both Canada and the U.S., including Stark, Mehan and Wong. The BlackBerrys used a server inside a DEA office, allowing agents to read all the messages about drug deliveries and money drop-offs. U.S. agents sent information to CFSEU, which began its own investigation. The co-ordinated effort led to 218 kilograms of cocaine being seized in 2 large shipments smuggled through the Pacific border crossing inside commercial trucks in December 2008. UN gang members and associates have turned up in several countries. (source: The Province) MALAYSIA: Duo charged with drug trafficking A Malaysian and his Thai wife were jointly charged in the magistrate's court here with trafficking in 247.1kg of cannabis earlier this month. Abdul Rahman Mohd Zain, 55, and Sophaporn Saengsir, 44, were indicted yesterday with committing the offence on March 5 at their house in Taman Teja, Changlun. They face the mandatory death penalty if convicted. Their 2 daughters, who were nabbed with them in a raid on their house by Bukit Aman???s Special Tactical Intelligence Narcotics Group, were released yesterday. Magistrate Mohd Khairul Hafizuddin Ramli fixed June 5 for mention. (source: The Star) GHANA: Is Rawlings ready to be executed? The death penalty is one of the few issues I vacillate on and therefore will not criticize anybody on any position they take, whether against or for. My problem is that, somebody might be executed and later found out the person was not guilty and there is no remedy to ameliorate that wrong. On other times, a crime is so heinous there is no other punishment except death penalty, I therefore have no problem with President Rawlings call for murderers to be executed. The message is alright with me except the nessenger who has no moral right to call for others to be executed for murders when he has admitted killing others. President Rawlings called for the execution of murderers yesterday when the family of the slay Abuakwa North Member of Parliament, J.B Danquah's informed him about his death and this is what he said: "Our constitution empowers us and gives us the right to punish, to exact the same level of punishment and if we cannot do it, to serve as a lesson, to those who are taking others' lives with ease, then please I'd like to use this occasion - I should have done this a long time ago - to invite Parliament to consider the need to look into our constitution as to whether we should not now empower the regional security councils to sign or to approve the taking of a life for a life," Mr Rawlings said when the family of the late J B Danquah-Adu visited the former President at his residence in Accra on Wednesday, March 16. " IF THAT IS PRESIDENT RAWLINGS POSITION ON DEATH PENALTY, IS HE WILLING TO BE EXECUTED SINCE HE HAS ADMITTED TO KILLING YEYE BOY? NOW READ RAWLINGS ADMISSION OF KILLING SOMEBODY WITHOUT ANY COURT JUDGEMENT. WHY I KILLED 'YEYE BOY'-Rawlings Confesses By Daily Guide - Daily Guide General News | Sat, 04 Nov 2006 Several years after the series of bloodletting, atrocities and disappearances that characterised Jerry John Rawlings' military juntas, some of the motives behind the sinister acts are beginning to unfold, this time from the horse's own mouth.The leader of the bloodiest regime in Ghana's history, Flt. Lt. Jerry John Rawlings, claimed that his main reason for ordering the execution of Torgbui Akakpovi Ahiaku, popularly called, Yeye Boy of Atidzive, near Abor in the Volta Region, as well as other traditionalists, was to demonstrate to their people that juju does not pay. The former President and founder of the opposition National Democratic Congress (NDC), after nearly three decades of silence, was virtually compelled to blow off the lid at a press conference in his Ridge residence last week Thursday. With no sense of remorse whatsoever, Mr Rawlings, an apostle of fetishism, boastfully said Yeye Boy in particular, was killed to send a strong message to fetish priests that juju was a sham. According to Mr. Rawlings, the execution of the jujumen, who were suspects of ritual murder in their communities, was to let the people know that there was no salvation in juju. At the conference, a female TV Africa reporter had wanted to know whether the country, and therefore the citizenry, was any safer now, than in the revolutionary days. Obviously not satisfied with the responses from Victor Gbeho and other spokespersons like Dr Benjamin Kumbuor, the unrelenting lady reporter insisted on a specific answer to her question, which prompted the former president to tell the world, the 'hidden truth'. Rawlings said, Talking about the lady's question on safety, we talked of the murder of the judges and the punitive action that was taken, and I also talked about my brother's son. When people commit ritual murders and we catch up with them and the chiefs and timber merchants, and we execute them right in their villages for people to think that juju has not saved them, then we are violent people? he asked.. Yeye Boy, the fetish priest of Atidzive, near Abor in the Volta Region, was abducted from his home by armed soldiers in 1982 and bundled into a waiting military vehicle. That was the last time his relatives saw, or heard of him. A few days after his abduction from Atidzive, his charred, mutilated body was discovered in a bush along the Accra-Ho road. He was not tried in any court of law or even military tribunal, and no official explanation had since been given for his execution. However, there was the strong suspicion that it was part of the witch-hunting exercise embarked upon by the leadership of the PNDC. Rawlings' chilling confession may now give his family the respite, as regards the sin of the once revered jujuman. Dozens of vehicles and properties registered in Yeye Boy's name were looted, while several of his relatives and children were forced to go into hiding, after his sadistic murder. Unofficial sources suggested human ritual, but his execution was not announced, as were the cases of the generals. In the wake of the National Reconciliation Commission (NRC) 2 years ago, the children of Yeye Boy petitioned the commission and after thorough investigations, the committee recommended reparation and apology for his death. Torgbui Akakpovi Ahiaku was the 111th person on the reparation list and his family is to be given c20m. Hundreds of fetish priests, traditional rulers, students and soldiers were murdered in similar manner, a number of whom were suspected of committing crimes as minor as indebtedness. Yeye Boy's execution was one of the most chilling stories heard by the Justice Amoah-Sekyi-led NRC. The Commission was informed by a certain Mathias Kudzo, who was at the time of the murder, a soldier with the Ho Mortar Regiment and a close Rawlings confidante, that he was part of the team that raided Yeye Boy's location after an order for the action was received from Accra. The jujuman was rumoured to have been a voodoo consultant for Rawlings in the heady days of the revolution, but attracted his wrath when he was reported to have asked for the clothing of the junta leader. As Bombardier Mathias Kodzo related, when a close friend of Rawlings heard about the request which he (Yeye Boy) had made, it was believed that he drew the attention of the junta leader to a rumour that the late General E.W.K. Kotoka, one of the architects of the 24th February 1966, had obliged to a similar request by the jujuman and paid dearly for it.On hearing this, the NRC was told, Rawlings grew furious and allegedly ordered, Go and bring the bastard whereupon his hounds charged on Yeye Boy, seized him and eventually subjected him to a gory death. In fact, the whole of Atidzive suffered the wrath of the soldiers, who descended on the village to carry out the orders. Bombardier Kodzo, now a man of God, showed visible remorse for having taken part in that operation, when he took his turn before the NRC.That was the closest Ghanaians got to knowing what had happened to Yeye Boy, whose abduction and subsequent death, like many others in the course of the so-called revolution, was shrouded in mystery." Justice Sarpong (CRDINAL of TRUTH) (source: ghanaweb.com) JORDAN: Need to fix legal aberrations Minister of Justice Bassam Talhouni recently expressed support for the abolition or amendment of the death penalty in a local electronic media outlet. He also said he agreed with amending the infamous Article 308 of the Penal Code, which spares a rapist punishment if he marries his victim. This is encouraging, coming, as it does, from an official who could affect change of the legislation. The death penalty has been phased out and abolished in most countries; Jordan need not remain an exception to the growing international consensus on the issue for much longer. As for the practice of not punishing a rapist simply because he marries his victim, this is a serious aberration that must be addressed, actually revoked, as soon as possible. The minister is to be commended for speaking out against major shortcomings in the national legislation on crime and punishment. If his statements were made with the tacit blessing of the government, even better. But whatever is the case, it is good to hear such official speak out against laws that do not make anyone proud. If these 2 items in the national legislation are corrected, that will be a good step in the direction of rectifying other issues that still need to be addressed, especially those touching on gender equality. Jordan cannot remain out of step with the enlightened world. If the minister's stand is taken into consideration and will be used to tackle controversial laws, citizens will have reason to be proud of their justice system. Now that the country has just adopted a national plan of action for the protection and promotion of human rights for the years 2016-2025, it behooves the government to act on the recommendations of the minister of justice and make the necessary changes as soon as possible. (source: Editorial, The Jordan Times) ISRAEL: With 'Death for Terrorists' Bill, Israel Risks Joining a Very Dubious Club ---- Space will not suffice to enumerate all the arguments against the death penalty, now that bill calling for the death penalty for terrorists has been resurrected. The bill calling for the death penalty for terrorists has suddenly been resurrected and is coming up for debate on Sunday in the Ministerial Committee on Legislation. The main reasons for this are the need to deter terrorists and the fact that Israel releases terrorists before their full prison term is up. Space will not suffice to enumerate all the arguments against the death penalty. But it is important to make clear that comparative studies among states in the United States, and research that compares the situation before and after the death penalty was instituted or abolished, have not been able to prove that it is in any way a deterrent that prevents murders, certainly not murders committed by terrorists. The latter know that they are risking their lives during or after their actions, so the claim that the death penalty deters them insults our intelligence. That is also one of the reasons why, with the exception of the United States, the death penalty does not exist in any democratic country. Are the supporters of the bill seriously proposing that because the government of Israel is unable to make rational decisions about negotiating with terrorist organizations over the release of prisoners, it will decide to execute people? And would this solve the problem, or just exacerbate it? After all, a murder trial with a death penalty will be a lengthy one, and during that time terrorist groups will be especially motivated to abduct soldiers or civilians to demand the release of the indicted or condemned individual. If Israel insists on executing that individual, will it not be condemning to death the next Israeli to be abducted by a terror group? It is worth recalling the incident of the British sergeants, who were held by the pre-state underground force Etzel and were killed after Jewish prisoners were executed - after which no more underground prisoners were executed. But the main argument against the death penalty has nothing to do with the question of efficacy or deterrence but rather, the heinousness of intentional killing, in cold blood, by the state. This is an inhuman punishment, which leads to contempt for the value of human life and human dignity. It should also be remembered that the death penalty is irreversible, and no system is infallible. The State of Israel must not slip down the slope of populism and hunger for revenge, joining the dubious club of death-penalty countries like China, North Korea, Saudi Arabia and Iran. (source: Editorial, Ha'aretz) From rhalperi at smu.edu Fri Mar 18 09:48:13 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 18 Mar 2016 09:48:13 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 18 AFGHANISTAN: Hundreds Gather To Commemorate Afghan Woman Lynched By Mob Hundreds of Afghans have taken to the streets in Kabul to commemorate the death anniversary of a woman killed by a mob. In March last year, a Kabul mob brutally attacked 27-year-old Farkhunda Malikzada outside a shrine in the Afghan capital, after one of the men in the group shouted that she had burned a Koran, the Muslim holy book -- an accusation that was later found to be false. The brutal slaying stunned the country and led to calls for reform of the judicial system, long plagued by corruption, partisanship and incompetence -- and stronger protection for women from violence. Hundreds of people, some wearing masks bearing an impression of her bloodied face, rallied to demand justice for Farkhunda on March 17. Protesters, some with fake blood on their faces, chanted "Justice for Farkhunda!" on the banks of Kabul River where the frenzied mob turned on her. Some demonstrators reenacted her grisly death, illustrating public anger over a Supreme Court ruling last week that upheld reduced sentences for the men convicted of her murder. The court vacated the death penalty in 4 cases, reduced prison terms to 20 years in 3 others and 10 years in the 4th. It also cut the sentences of 9 other defendants. (source: Radio Free Europe/Radio Liberty) MALDIVES: Maldives top court to begin appeal of death sentence over MP's murder on Monday Supreme Court announced Thursday that the 1st hearing in the state initiated appeal of the death sentence handed to Hussain Humam over the brutal murder of former Ungoofaru MP Dr Afrasheem Ali would begin on Monday. Humam was found guilty of the MP's murder and sentenced to death in January 2015. He later appealed the sentence. High Court had on September 7 upheld the death sentence handed to Humam. The prosecutor general's (PG) office had in November forwarded the case to the Supreme Court to initiate the final stage of appeal after Humam failed to appeal the sentence against him within the appeal window. Regulations on death penalty that came into effect in 2014 require the prosecution to exhaust the appeal process -- the High Court and Supreme Court -- even if the convict wishes to not file for appeal. Afrasheem was found brutally stabbed to death on the stairway of his apartment building in October 2012. Criminal Court had acquitted Ali Shan of Hicoast in Henveyru district of Afrasheem's murder. (source: haveeru.com) INDONESIA: Indonesia to Keep Applying Death Penalty for Drug Crimes ---- Foreign minister tells Bloomberg `we have to enforce our law' Indonesia will continue to apply the death penalty to convicted drug traffickers despite international opposition fanned by the executions of 12 foreign convicts last year, the country's foreign minister said. The continuing use of the law was justified by a "drug emergency" in Southeast Asia's largest nation, Retno Marsudi said in an interview with Bloomberg News in Jakarta. "That's why we have to enforce our law," Marsudi said in her office, which had a large map of the world in one corner and a globe in the other. "It's really, really, really worrying. It is not against a country. It's against crimes being done by those guys." The executions of 7 foreigners in April -- among them 2 Australians -- prompted Australia to temporarily withdraw its ambassador. President Joko Widodo, who had been in office 6 months at the time, refused numerous appeals for clemency. Since April, there have been no executions. "It's still part of Indonesian law," Marsudi said, when asked whether the country was prepared to keep executing drug convicts. "As long as it is there, then of course it is there." Moderate Islam Marsudi said the government's main foreign policy objectives were resolving maritime territorial disputes with its neighbors, helping Indonesians working abroad, furthering the country???s economic objectives and strengthening its voice at international forums. The foreign minister also said Indonesia would intensify efforts to promote its traditionally less-conservative brand of Islam around the world. In January, militants claiming allegiance to Islamic State staged a suicide bomb attack in the capital, Jakarta, in what was the 1st major terrorist attack in the world's most populous Muslim nation since 2008. "The moderate Islam, the tolerant Islam -- that is the Islam in Indonesia," she said "We want to reflect that and share our experience." Asked whether she was concerned about the anti-Muslim rhetoric of U.S. presidential candidate Donald Trump, Marsudi said she hoped America's tradition of tolerance would be maintained. "I don't want to comment on the political campaigns of other countries, but what I would like to underline is the values of the Americans," she said. "I know that they have the values of respecting diversity and respecting differences." (source: Bloomberg News) JAPAN: Killer of 6-year-old Kobe girl gets death penalty The Kobe District Court on Friday gave the death sentence to a man who killed a 6-year-old girl in the city in 2014. Yasuhiro Kimino, 49, lured the 1st-grader to his home by asking her to sit for a painting. He then strangled and stabbed her, dismembered her body and placed it in plastic bags, prosecutors say. The prosecutors sought the death penalty, saying Kimino showed a brutal disregard for human life. The case was tried by presiding Judge Takeshi Samo, 2 other professional judges and 6 lay judges. (source: The Japan Times) INDIA: 2 awarded death penalty for killing 4-year-old The convicts Akshay Patel (24) and Kuldeep Panchal (26) broke down in the court after additional sessions judge KM Dave pronounced the death sentence. The duo had abducted Golu, son of a share broker in Kansa village, on March 17, 2012 for ransom. They had demanded Rs 50 lakh for his release. But the boy's father informed police, who began a search for the kid. However, Golu's body was found the next day from a river bank near Visnagar. Post-mortem report revealed that Golu was strangulated to death. Akshay and Kuldeep were arrested after few days. Judge Dave termed the abduction and killing of the 4-year-old by as rarest of the rare case and ordered that they be hanged till death. Public prosecutor Sanjay Patel said that the both pleaded for mercy from the judge saying that they were young and they should not be given death penalty. However, the judge refused to entertain their plea. (source: The Times of India) GERMANY: German state to finally get rid of death penalty The central state of Hesse is overhauling their constitution, making sure to get rid of one thing in particular that no other state has: the death penalty. In the wake of the Second World War, Germany wrote a new Constitution with reforms intended to shake off its violent Nazi past, including to clearly define where the country newly stood on the death penalty. "Capital punishment is abolished," states Article 102 simply, with no further explanation. The Constitution, or Grundgesetz, was signed in 1949, but just three years before, the state of Hesse apparently had its own ideas about capital punishment. "For especially severe crimes, the sentence can be death," dictates Article 21 of Hesse's state constitution, written in 1946. Now, 70 years later, Hesse is at last working to clear up this inconsistency. When the Grundgesetz was approved, it immediately superseded the state law, thus making Article 21 essentially irrelevant. Even during the three years in between those legal documents being signed, capital punishment was never exercised in Hesse, though it was used in other parts of the country, according to Tagesspiegel. Hesse's state legislators met this week to discuss reforming the constitution, which would also include changes like lowering the minimum age of voting in state elections from 21 to 18 - something else unusual to Hesse. The last time Hesse attempted to negotiate a similar major constitutional reform, which included changing the death penalty, was between 2003 and 2005, Hesse parliament spokeswoman Carola May told The Local. But the various parties could not agree on the proposed changes. The death penalty remained. To finalize the reform, Hesse will have to put forth a referendum to the people. In Europe, only Belarus maintains the death penalty in both law and practice, while 102 countries worldwide have abolished it. In a surprising survey 2 years ago, a law professor in Bavaria found that 1/3 of his students and aspiring lawyers supported the death penalty. (source: thelocal.de) From rhalperi at smu.edu Sat Mar 19 10:05:59 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Sat, 19 Mar 2016 10:05:59 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, PENN., N.C., S.C., FLA., ALA. Message-ID: March 19 TEXAS: Freed from death row, Anthony Graves uses compensation to help other inmates - including his best friend Nanon Williams expected to walk out of prison in 2010, just about the same time as his close friend and former death row mentor Anthony Graves. For the 3rd time, a court had reversed Williams' murder conviction, and he was just waiting for the final nod of approval before leaving behind the cell for the 1st time in his adult life. A half-decade later, he still waits - wearing the same prison whites that have been his uniform since age 17, still overwhelmed by the pain of the appeals court decision that denied his pleas of innocence. "I got sent back to prison, and he walked out the door,' said Williams, now 41. >From his cell at the Ramsey Unit, where he is serving a life sentence for the fatal 1992 shooting of 19-year-old Adonius Collier in Houston, Williams has watched with awe and pride as his friend blossomed in freedom. >From the moment Graves was exonerated in 2010, he set out to reform the criminal justice system that stole 18 years of his life. He was determined to help others who have suffered under a regime he believes is fundamentally flawed. In the last 2 years, Graves has invested more than $150,000 - part of the money the state paid him to compensate for the years he spent wrongly imprisoned - to launch the Anthony Graves Foundation. The still budding nonprofit is dedicated to freeing other innocent inmates and providing health care to recently released prisoners with medical problems and no means to pay for treatment. But seeing Williams, the wild, angry young man who arrived on death row the same day he did, walk free is near the top of the 50-year-old's long to-do list. "I was on death row with a lot of men that I believe are guilty," Graves said. "I learned that this young man was innocent." Graves was convicted in 1994 of one of the most heinous crimes the small community of Somerville had ever seen. Bobbie Davis, her daughter and her 4 grandchildren were stabbed and the house they were in was set aflame. Just days before Robert Carter was executed in 2000 for his role in the crime, Carter admitted he had been the lone killer. Graves, he said during a deposition, was innocent. Nearly a decade later, Graves was exonerated and released from prison. In 2011, Texas wrote Graves a check for $1.45 million for the years he spent wrongfully imprisoned. He will receive the same amount in an annuity that is paid out monthly for the rest of his life. People often ask Graves why he didn't head for the beach after so many years of undeserved punishment. He said he didn't lose nearly 2 decades to spend the rest of his free years lounging. "No, I wanted to make a difference," he said. Long before he was released, Graves began making plans to help from the other side. The 1st job he got after leaving prison was helping investigate cases for the Texas Defender Service, a nonprofit organization that represents death row inmates. The case of Alfred Brown, a death row inmate who was exonerated last year, was among the 1st in which he played a pivotal role, persuading a crucial witness who had lied at trial to recant her testimony. 2 years ago, Graves decided to started his own innocence project. In many ways, Brown's case was similar to Graves'. Unlike hundreds of exoneration cases that make headlines, there was no DNA evidence to prove them innocent. Clearing their names required relentlessly chasing leads until the truth was revealed. Most innocence projects won't take on such a labor-intensive proposition. Those organizations use strict criteria, often accepting only cases in which forensic testing could lead to new evidence of innocence. Graves started the Humane Investigation Project within his foundation to clear away that red tape. "I'd be dead today, because I had no DNA in my case," he said. "A lot of guys fall through the cracks because of the criteria of these projects." Hundreds of requests for help flood into his office each week. Graves said he's homed in on 10 that he believes have legitimate innocence claims. "We go talk to the witnesses, we go and really investigate the case, as opposed to sitting behind a computer," he said. C.J. Connelly is the director of Graves' project. For now, he's a volunteer. Graves can't afford to pay him a full-time salary. That will come later, he hopes, with grant money and more fundraising efforts. By day, Connelly is an educator, but he spends dozens of hours each week investigating innocence claims. Connelly has pored over documents and interviewed scores of witnesses in the case of Pablo Velez, a Houston man serving 30 years for the fatal 2004 shooting of Emerson Bojorquez outside a Houston pool hall. Police targeted Velez because the killers' getaway car, a gold Cadillac, was registered under his name. Velez contends he was at his girlfriend's place at the time of the murder. He said he sold the Cadillac days before but hadn't yet changed the title. Connelly said he might have enough evidence to prove Velez is innocent and the man who bought the Cadillac was the actual killer. The Houston Police Department has agreed to reopen its investigation of the crime. Graves and Connelly also secured a new lawyer for Velez: Patrick McCann, a lawyer who helped in Graves' exoneration and now serves on the foundation board. "Anthony has credibility and reach that I would never have had," Connelly said. For years before he met Connelly, Velez said, he wrote to dozens of innocence organizations asking for help. "If my case didn't have nothing to do with DNA, they didn't want to bother with it," he said. After a decade in prison, he said, he is allowing himself to hope that he'll be reunited with his 10-year-old daughter, Iris. She was 27 days old when he was convicted. Her name and birthday are tattooed under his left eye. "I just want to get home to her," he said. The case that is perhaps dearest to Graves, though, is Williams'. The 2 men spent about a decade together on death row. For 3 years, they were side-by-side in solitary confinement where the only means of communication was the air vent between their cells. They exercised together, doing push-ups and running in place for an hour inside their cells at 5 a.m. They edited each other's letters and poems, planned for their futures and consoled one another when friends left for the death house. Williams called Graves "Milk Dud" because of his shiny bald head. Graves called him "Meathead," a nickname the beefy former football player's grandpa had given him. Williams came to death row filled with spit and vinegar, spoiling for a fight, Graves said, and has transformed into an educated writer whose works inspire others. "I watched him grow up into a man," Graves said. After the U.S. Supreme Court in 2005 declared it unconstitutional to execute people who were minors at the time of their crimes, Williams' sentence was commuted to life in prison. 3 courts have overturned his conviction and ruled that he deserves a new trial. Each time, a higher court has reversed that decision. Graves and Williams contend that faulty ballistics evidence led to the conviction and that a new look at the evidence will show that the fatal bullet did not come from Williams' gun. After 24 years in prison - his entire adult life - and 3 heart-wrenching brushes with freedom, Williams is hesitant to reignite his legal battle. In recent years, he has focused his efforts on pursuing his education - he's getting a master's degree - and helping other young men avoid the pitfalls of drugs and violence that put him at the scene of a crime that ruined his life. Mostly, though, Williams doesn't want to see his family crushed again. His mother is 65 and lives in California, where he grew up. He last saw her 2 years ago. "It makes me feel like a used car salesman selling them false hope," Williams said, his eyes welling. "It's tiresome." Graves, though, never seems to tire. After years of waking to prison guards' 3 a.m. breakfast calls, he said he rarely sleeps more than a few hours each night. He's too busy sending emails and text messages, preparing speeches and working to build his foundation and a community willing to help inmates that he says society has discarded. This month, Graves opened a small health clinic to provide low-cost and free care to those leaving prison and their families. On one side of the foundation's rented office space across the street from a church in a rough Houston neighborhood are antiseptic-smelling exam rooms with equipment that still has the manufacturers' stickers. On the other side, Graves and his small cadre of interns and volunteers take calls and read piles of letters from aggrieved inmates. When he left prison, Graves said, doctors told him his arteries were clogged, the result of poor diet and health care. But he had money to see a doctor. Most recently released inmates don't. They're too busy finding a job and housing and reuniting with family to think about their health. "He needs a fresh start, and that includes his body," Graves said. Eventually, he also plans to hire caseworkers to help connect former convicts with resources like housing, drug treatment and mental health services to reduce the likelihood they'll return to prison. The clinic is just getting off the ground, but Graves has already hired a doctor. Dr. Lester Minto, who lives in Austin, learned about the foundation through a friend and agreed to help out for a minimal fee. "I've always liked the thought of helping people who are less privileged," he said, "people who don't fit in the system." Paul Cates, spokesman for the New York-based Innocence Project, said many exonerees feel like Graves, compelled to fight for change in a criminal justice system that wrecked their lives. Dallas exoneree Christopher Scott, who was freed in 1999, created the House of Renewed Hope to help other wrongly convicted inmates. "It doesn't destroy their souls, and almost all of them somehow find a way to get beyond what happened," Cates said. Graves is not oblivious, though, to the steep road ahead for both his foundation and the inmates he wants to help. He knows he'll need much more funding to keep his clinic and the innocence project up and running. He knows that in Texas' conservative court system, his friend Nanon Williams' chances for success are slim. But he's never been one to let long odds get him down. "I always stay positive," he said. "That's how I came home." (source: Dallas Morning News) PENNSYLVANIA: Caretaker charged with beating 17-month-old girl to death A Bangor man was charged Thursday with beating a 17-month-old girl to death after she was left in his care. Northampton County District Attorney John Morganelli said the child died Feb. 24, 2015, after being left in the care of 32-year-old Gary A. Foley at a home in the 100 block of Duke Street in Lehigh Township. Foley said she was choking after he fed her cut-up hot dogs, but an autopsy by the Carbon County coroner found she died from multiple blunt force injuries to her head and neck. The injuries were acute, meaning they were recently delivered, the coroner found. "This is a tragic case, a very upsetting case," Morganelli said. The girl's mother, 28-year-old Heather Marie Surget of Great Meadows, New Jersey, is charged with endangering the welfare of the 17-month-old as well as other children in the home. Lehigh Township Police Chief Scott Fogel said the conditions in the home were beyond deplorable. Morganelli said dirty dishes and garbage were strewn about the kitchen. Bugs crawled on the countertop and table. The home had no running water and frozen pipes. The occupants relied on space heaters to keep warm even though the low temperature that day was minus 8. "The floor had holes in it where if you weren't sure where to step you could fall through the floor of the mobile home," Fogel said. Living in the home with Foley and Surget were Foley's 4-year-old son and Surget's 3-year-old, 2-month-old and the 17-month-old victim. All the children are now in the custody of the Northampton County Office of Children, Youth and Families. Morganelli said Surget told police she met Foley online not long before the incident. He moved in with them a week before the child's death, and she trusted him to watch the children while she was at work, he said. Morganelli said Foley was the only one home with the child when the child fell ill. The child died in Palmerton Hospital an hour after Foley dialed 911. The 4-year-old had brown and chipped teeth, police said. The boy had cuts and bruises that Morganelli is investigating as possible signs of child abuse. Foley and Surget are each in Northampton County Prison. Homicide suspects may not post bail in Pennsylvania. Surget's bail is $1,000,000. Foley is also charged with endangering the welfare of the children. Morganelli said Foley could face the death penalty since the victim is under 12 years old, but he hasn't decided whether he'll pursue the death penalty in this case. Morganelli called the case "really, really depressing for us." "The Commonwealth believes this to be a very serious case and another example of individuals who have absolutely no responsibility with respect to taking care of numerous children in their welfare," Morganelli said. Morganelli waited a year before filing charges to obtain a toxicology report, to try to extract witness statements and to try to find more details about Foley's alleged attack. Drugs don't appear to be a factor in the case. Morganelli said he has enough evidence at this point to build a circumstantial case against Foley. (source: lehighvalley.com) NORTH CAROLINA: Tragedy of Darryl Hunt: how exonerated man came to take his own life ---- Wrongly convicted man dedicated his life to reform within the justice system and recent death leaves unanswered questions of why On the morning of 6 February 2004, the eyes of Winston Salem fell upon Darryl Hunt, who had calmly waited for this day, uncertain if it would ever arrive. By noon that Friday, judge Anderson Cromer would exonerate the 38-year-old inmate for his role in the 1984 murder of Deborah Sykes; but first, he listened to her mother, Evelyn Jefferson, who berated him for a ruling that would "set free a guilty man". Before Hunt left the courthouse, he turned toward Jefferson, his voice warbling with emotion, and told her: "I feel the pain you felt." Starting that day, Hunt devoted his life to reforming a criminal justice system that had stripped him of nearly 2 decades of his life, becoming a globally known advocate for the wrongfully convicted with a similar kind of grace he showed Jefferson. Last weekend, the 51-year-old advocate was found dead in a friend's locked pick-up truck with a gun in what police have deemed a suicide. "Physical evidence found inside the vehicle, as well as other investigative findings thus far, is indicative of Darryl Hunt having suffered a self-inflicted gunshot wound," Winston Salem police said in a statement. The police force that found him was the same one that arrested him 32 years ago for the rape and murder of Sykes, a 25-year-old copy editor for the Winston-Salem Sentinel. When attorney Mark Rabil first met Hunt, he was struck by the teenager's peaceful demeanor and unfettered willingness to prove his innocence no matter the costs. "I was scared," Rabil recalls. "Everything that had been in the media, [the police] said they had all these witnesses, and I assumed they had the guy, and our job was to save him from the death penalty. In my 35 years practicing law, there's never been this suddenness of me being convinced of innocence as I was in that first hour with Darryl." In 1985, Hunt was convicted of 1st-degree murder, but thanks to a lone juror, was spared the death penalty. However, a higher court overturned his conviction on a technicality, granting him his freedom in 1989. Faced with a retrial in rural Catawba County, prosecutors offered a plea bargain to Hunt that would have set him free. Rather that admit guilt, Hunt turned down the deal, leaving his fate in the hands of an all-white jury, which went on to convict him in 1990. 4 years later, DNA testing found Hunt's semen didn't match the evidence collected from the crime scene. But it wasn't until a series of appeals and another DNA test in December 2003 linked the crime to Willard Brown, who later confessed, that Hunt was released. That Christmas Eve Hunt signed the papers for his release, and left the Forsyth County Jail for good. Hunt, who would receive more than $2m in compensation from the city and state, immediately began to speak out about his wrongful conviction after his exoneration. Stephen Dear, executive director of People of Faith Against the Death Penalty, believed he had every right to retreat from the public spotlight. Instead of leaving Winston Salem behind, Hunt stayed so that no one would forget what had happened. "His face was a reminder to the people who put him away," Rabil says. "Certain district attorneys would cross the street rather than face him. Everything would go quiet when he walked in a courtroom." Hunt founded the Darryl Hunt Project for Freedom and Justice to help exonerate wrongfully convicted individuals. Over the years, a documentary and 2 books would be released about his life. Hunt received countless offers to speak about his wrongful conviction, which turned him into a well-known criminal justice activist around the world. "This community, locally and statewide, had such high expectations of him," says Phoebe Zerwick, an investigative reporter who covered Hunt's case for the Winston-Salem Journal. "It must have been a huge burden. At the same time, it gave him purpose." According to Dear, Hunt played a crucial role in turning North Carolina from a state that once had the 5th-highest execution rate to 1 that has had a moratorium in place for nearly a decade. Hunt also pushed for the passage of the North Carolina Racial Justice Act of 2009 that banned race from being used as a factor in determining whether someone should be executed. (State lawmakers would repeal the act in 2014.) Ultimately, Dear says, Hunt's lasting impact may very well be that his case helped bring about the creation of the North Carolina's Innocence Inquiry Commission, a state agency tasked solely with investigating wrongful convictions. In nine years, the commission has exonerated 9 inmates. Theresa Newman, co-director of Duke University Law School's Wrongful Convictions Clinic, also watched Hunt's devotion to his cause in smaller arenas such as talking to students at law school orientations. Zerwick, who now teaches writing at Wake Forest University, said he was even willing to speak to her undergraduate freshmen students. That desire to help others trickled down to nearly every local person leaving prison who sought a smooth transition back into society. Though admirable, Newman says, Hunt also struggled to say no to people, even if it would be better for his health. "He felt like he owed something and had to pay it back," Newman says. "I've never met everyone who was more selfless. He never really took time for himself. He wasn't a good caregiver to himself." As the years passed, his friends watched the work take a toll on Hunt. At one point, Zerwick recalls, Hunt stopped watching the documentary that would screen before his panel discussions because it became "too difficult to constantly relive that horrible experience." Nevertheless, Hunt continued to "give injustice a face and a name," Newman said. "He was the voice of the voiceless," Rabil said, "who was wounded by 20 years of wrongful incarceration and taking on the burdens of so many people and fighting systems that can't be changed in 1 lifetime." Over the past few years, Hunt fell upon a period of increasing hard luck that started with a divorce from his wife. In September 2014, April Hunt filed a domestic violence complaint in which he allegedly "talked about how worthless he is and [that he] should die". (Hunt's lawyer, David Hough, denied those claims at the time.) Soon after, Hunt left town for metro Atlanta in search of his long-lost sister. After finding her, Hunt rented a house in Jonesboro, Georgia, where he stayed with his sister and her teenage kids, all while he underwent treatment for prostate cancer. In early 2016, Rabil said, Hunt returned to Winston Salem because he "missed the work". Upon moving back, he discovered his assets had been frozen, which led to the repossession of his truck due to a missed payment. As that happened, his cancer had advanced to a Stage IV prognosis. All the while, Hunt's depression seemed to grow, becoming increasingly evident to his friends, despite his private nature. In the last month of his life, Hunt traveled to the University of Virginia for a speaking engagement at its public policy school. Though Rabil says he seemed "distracted", Hunt had planned to speak at a retreat for a new nonprofit called Healing Justice, which seeks to mend the "extensive human damage" stemming from wrongful convictions, and receive an award from the American Civil Liberties Union's North Carolina Chapter. "He's always struggled," Rabil said. "But future things were being planned." (source: The Guardian) SOUTH CAROLINA: Dylann Roof waives right to appear in April 5 federal court meeting The man accused of killing nine parishioners during a bible study at Emanuel AME Church last June has asked to waive his right to appear at a federal court meeting next month. Dylann Roof filed the waiver of appearance Thursday. He has not appeared in a courtroom in months, instead letting his attorneys handle the case and relaying to him the specifics afterwards. Joey Meek, Roof's friend and the man federal investigators say knew of the planned attack on Emanuel AME, has not yet filed paperwork to stay out of court on April 5. District Judge Richard M. Gergel scheduled a bar meeting for 10 a.m. on April 5 at the courthouse in downtown Charleston. While state prosecutors have said they are seeking the death penalty for Roof, federal prosecutors are still waiting on a Department of Justice panel to decide if the federal government will also seek the death penalty for nearly three dozen hate crime charges in connection to the shooting. Currently, Roof's state trial is set to begin on July 11. The scheduled bar meeting comes roughly 9 months after the June 17 shooting. Federal prosecutors said in previous hearings they thought the justice department would render a decision on the death penalty in that time. It's not clear from the filing what attorneys and Gergel will discuss on April 5, or if the hearing was requested by federal prosecutors. (source: WCIV news) FLORIDA: Lawyers argue competency of murder defendant accused of stabbing wife For the 2nd time in 5 months, a circuit judge is considering whether a Lakeland man who prosecutors said has admitted killing his wife is competent to stand trial. In a hearing Wednesday, two psychologists testified that Michael Finn, who was declared incompetent in October, is legally eligible to proceed with his criminal case. A 3rd psychologist said Finn meets the state's criteria for competency on 4 levels, but questions remain concerning his ability to assist his lawyers. Circuit Judge Jalal Harb has taken the motion under advisement. Finn, 46, was arrested May 9, 2015, after his wife, Kristen, called 911 when he threw a baseball at her and hit her in the face during an argument on their patio at 1263 Scottsland Drive in Lakeland. She told emergency operators her husband had attacked her before and was on probation, according to Polk County Sheriff's Office reports. During the conversation, operators heard her telling her husband to stay away, then she began screaming. When deputies arrived at the house, Kristen Finn, 34, was running from her husband, who was wielding a knife. Deputy Dennis Jones reported she looked as if she'd been stabbed several times. Jones ordered Michael Finn to drop the knife, and took him into custody. As he was being arrested, Finn told his 15-year-old daughter from a previous marriage "I should have killed her," according to Sheriff's reports. Kristen Finn died at Lakeland Regional Health Medical Center that afternoon, an hour after she called 911. After Finn was found incompetent to stand trial in October, he underwent treatment at Treasure Coast Forensic Treatment Center in Indiantown until late December, when staff psychologist John P. Mihalovich, who testified Wednesday, determined he was competent to stand trial. Finn was brought back to the Polk County Jail for further evaluation. Defense lawyers representing Finn said Wednesday his condition has deteriorated since his return to Polk County because of stresses at the Polk County Jail, and asked Harb to return him to Treasure Coast. Harb is expected to issue a written ruling. Prosecutors said they are seeking the death penalty against Finn, but have offered life imprisonment if he would plead to the murder charge. Assistant Public Defender Tonmiel Rodriguez declined to comment on the plea deal. (source: The Ledger) ****************** Court: New death-penalty sentencing process should apply to ongoing cases Florida's new death-penalty sentencing process should apply to prosecutions that were already underway when the new law went into effect this month, a state appeals court ruled Friday. The 5th District Court of Appeal also decided that a U.S. Supreme Court decision, in a case known as Hurst v. Florida, did not strike down the state's entire death penalty as unconstitutional, but instead overturned the procedure for imposing death sentences. But because the issues "involve questions of great public importance," a 3-judge panel asked the Florida Supreme Court to decide whether the Hurst decision declared that the state's death penalty is unconstitutional and if the new law applies to cases already in the pipeline before the new sentencing process went into effect March 7. In a Jan. 12 ruling, the U.S. Supreme Court found that Florida's system of giving judges, and not juries, the power to impose death sentences was an unconstitutional violation of defendants' Sixth Amendment right to trial by jury. The 8-1 U.S. Supreme Court decision dealt with the sentencing phase of death-penalty cases after defendants are found guilty, and it focused on what are known as aggravating circumstances that must be determined before defendants can be sentenced to death. A 2002 U.S. Supreme Court ruling, in a case known as Ring v. Arizona, requires that determinations of such aggravating circumstances must be made by juries, not judges. The ruling left Florida temporarily without a death-penalty sentencing structure, prompting the Legislature to hurriedly pass a bill intended to fix the process. Gov. Rick Scott signed the bill March 7, and it went into effect immediately. Under Florida's new law, juries will have to unanimously determine "the existence of at least 1 aggravating factor" before defendants can be eligible for death sentences. The law also requires at least 10 jurors to recommend the death penalty in order for the sentence to be imposed, and it did away with a feature of the old law that had allowed judges to override juries' recommendations of life in prison instead of death. The Florida Supreme Court, which indefinitely put on hold two executions after the Hurst ruling, has been grappling with how --- or whether --- to apply the ruling to inmates already on death row. The questions posed Friday by the appellate judges are part of a process known as "certifying" questions to the Florida Supreme Court. Friday's ruling came in the consolidated cases of Larry Darnell Perry, accused of killing his 3-month-old son in 2013, and William Theodore Woodward, charged with murdering 2 of his neighbors in 2012. After the Hurst decision, Perry and Woodward asked judges in their cases to bar prosecutors from seeking the death penalty. The judges agreed with the defendants' lawyers, who argued that, because there was no constitutionally permitted death penalty process in Florida at the time, the state could not pursue death sentences in the cases. But the appellate court on Friday sided with the state, saying that blocking the death penalty "impermissibly invades" the discretion of the state to seek the sentence. The appeals court also rejected arguments that the new sentencing law should not apply in the cases of Perry and Woodward because of a 1972 law that provides alternative sentences if the death penalty is deemed unconstitutional. The 1972 law, which required that all death sentences be converted into life imprisonment, came in response to a ruling in a case known as Furman v. Georgia that resulted in a nationwide moratorium on the death penalty. In the 10-page decision issued Friday, appeals-court Judge Richard B. Orfinger wrote that the Hurst ruling "struck the process of imposing a sentence of death, not the penalty itself." Orfinger, joined by judges Kerry I. Evander and F. Rand Wallis, also disagreed with the defendants' contention that the application of the new law to pending cases would amount to an "ex post facto" violation of both the Florida and U.S. Constitutions. That constitutional problem would only arise if the new law retroactively altered the definition of crimes or increased the punishment for the crimes, Orfinger noted. While Florida's new law changes the process used to determine whether the death penalty will be imposed, it does not modify the punishment attached to 1st-degree murder, Orfinger wrote. "The new sentencing statute added no new element, or functional equivalent of an element, to 1st-degree murder. Hence, the changes to our capital sentencing procedures do not resemble the type of after-the-fact legislative evil contemplated by the ex post facto doctrine," he wrote. (source: The Gainesville Sun) ************** Court Backs New Death Penalty Law But Asks Florida Supremes to Rule on Constitutionality Florida's new death-penalty sentencing process should apply to prosecutions that were already underway when the new law went into effect this month, a state appeals court ruled Friday. The 5th District Court of Appeal also decided that a U.S. Supreme Court decision, in a case known as Hurst v. Florida, did not strike down the state's entire death penalty as unconstitutional, but instead overturned the procedure for imposing death sentences. But because the issues "involve questions of great public importance," a 3-judge panel asked the Florida Supreme Court to decide whether the Hurst decision declared that the state's death penalty is unconstitutional and if the new law applies to cases already in the pipeline before the new sentencing process went into effect March 7. In a Jan. 12 ruling, the U.S. Supreme Court found that Florida's system of giving judges, and not juries, the power to impose death sentences was an unconstitutional violation of defendants' Sixth Amendment right to trial by jury. The 8-1 U.S. Supreme Court decision dealt with the sentencing phase of death-penalty cases after defendants are found guilty, and it focused on what are known as aggravating circumstances that must be determined before defendants can be sentenced to death. A 2002 U.S. Supreme Court ruling, in a case known as Ring v. Arizona, requires that determinations of such aggravating circumstances must be made by juries, not judges. The ruling left Florida temporarily without a death-penalty sentencing structure, prompting the Legislature to hurriedly pass a bill intended to fix the process. Gov. Rick Scott signed the bill March 7, and it went into effect immediately. Under Florida's new law, juries will have to unanimously determine "the existence of at least one aggravating factor" before defendants can be eligible for death sentences. The law also requires at least 10 jurors to recommend the death penalty in order for the sentence to be imposed, and it did away with a feature of the old law that had allowed judges to override juries' recommendations of life in prison instead of death. The Florida Supreme Court, which indefinitely put on hold 2 executions after the Hurst ruling, has been grappling with how - or whether - to apply the ruling to inmates already on death row. The questions posed Friday by the appellate judges are part of a process known as "certifying" questions to the Florida Supreme Court. Friday's ruling came in the consolidated cases of Larry Darnell Perry, accused of killing his 3-month-old son in 2013, and William Theodore Woodward, charged with murdering two of his neighbors in 2012. After the Hurst decision, Perry and Woodward asked judges in their cases to bar prosecutors from seeking the death penalty. The judges agreed with the defendants' lawyers, who argued that, because there was no constitutionally permitted death penalty process in Florida at the time, the state could not pursue death sentences in the cases. But the appellate court on Friday sided with the state, saying that blocking the death penalty "impermissibly invades" the discretion of the state to seek the sentence. The appeals court also rejected arguments that the new sentencing law should not apply in the cases of Perry and Woodward because of a 1972 law that provides alternative sentences if the death penalty is deemed unconstitutional. The 1972 law, which required that all death sentences be converted into life imprisonment, came in response to a ruling in a case known as Furman v. Georgia that resulted in a nationwide moratorium on the death penalty. In the 10-page decision issued Friday, appeals-court Judge Richard B. Orfinger wrote that the Hurst ruling "struck the process of imposing a sentence of death, not the penalty itself." (Orfinger is the brother of Flagler County Circuit Judge Michael Orfinger.) Orfinger, joined by judges Kerry I. Evander and F. Rand Wallis, also disagreed with the defendants' contention that the application of the new law to pending cases would amount to an "ex post facto" violation of both the Florida and U.S. Constitutions. That constitutional problem would only arise if the new law retroactively altered the definition of crimes or increased the punishment for the crimes, Orfinger noted. While Florida's new law changes the process used to determine whether the death penalty will be imposed, it does not modify the punishment attached to 1st-degree murder, Orfinger wrote. "The new sentencing statute added no new element, or functional equivalent of an element, to 1st-degree murder. Hence, the changes to our capital sentencing procedures do not resemble the type of after-the-fact legislative evil contemplated by the ex post facto doctrine," he wrote. (source: flaglerlive.com) ************** Court backs use of new law in death penalty cases Florida's new death-penalty sentencing process should apply to prosecutions that were already underway when the new law went into effect this month, a state appeals court ruled Friday. The 5th District Court of Appeal also decided that a U.S. Supreme Court decision, in a case known as Hurst v. Florida, did not strike down the state's entire death penalty as unconstitutional, but instead overturned the procedure for imposing death sentences. But because the issues "involve questions of great public importance," a three-judge panel asked the Florida Supreme Court to decide whether the Hurst decision declared that the state's death penalty is unconstitutional and if the new law applies to cases already in the pipeline before the new sentencing process went into effect March 7. In a Jan. 12 ruling, the U.S. Supreme Court found that Florida's system of giving judges, and not juries, the power to impose death sentences was an unconstitutional violation of defendants' Sixth Amendment right to trial by jury. The 8-1 U.S. Supreme Court decision dealt with the sentencing phase of death-penalty cases after defendants are found guilty, and it focused on what are known as aggravating circumstances that must be determined before defendants can be sentenced to death. A 2002 U.S. Supreme Court ruling, in a case known as Ring v. Arizona, requires that determinations of such aggravating circumstances must be made by juries, not judges. The ruling left Florida temporarily without a death-penalty sentencing structure, prompting the Legislature to hurriedly pass a bill intended to fix the process. Gov. Rick Scott signed the bill March 7, and it went into effect immediately. Under Florida's new law, juries will have to unanimously determine "the existence of at least one aggravating factor" before defendants can be eligible for death sentences. The law also requires at least 10 jurors to recommend the death penalty in order for the sentence to be imposed, and it did away with a feature of the old law that had allowed judges to override juries' recommendations of life in prison instead of death. The Florida Supreme Court, which indefinitely put on hold two executions after the Hurst ruling, has been grappling with how --- or whether --- to apply the ruling to inmates already on death row. The questions posed Friday by the appellate judges are part of a process known as "certifying" questions to the Florida Supreme Court. Friday's ruling came in the consolidated cases of Larry Darnell Perry, accused of killing his 3-month-old son in 2013, and William Theodore Woodward, charged with murdering 2 of his neighbors in 2012. After the Hurst decision, Perry and Woodward asked judges in their cases to bar prosecutors from seeking the death penalty. The judges agreed with the defendants' lawyers, who argued that, because there was no constitutionally permitted death penalty process in Florida at the time, the state could not pursue death sentences in the cases. But the appellate court on Friday sided with the state, saying that blocking the death penalty "impermissibly invades" the discretion of the state to seek the sentence. The appeals court also rejected arguments that the new sentencing law should not apply in the cases of Perry and Woodward because of a 1972 law that provides alternative sentences if the death penalty is deemed unconstitutional. The 1972 law, which required that all death sentences be converted into life imprisonment, came in response to a ruling in a case known as Furman v. Georgia that resulted in a nationwide moratorium on the death penalty. In the 10-page decision issued Friday, appeals-court Judge Richard B. Orfinger wrote that the Hurst ruling "struck the process of imposing a sentence of death, not the penalty itself." Orfinger, joined by judges Kerry I. Evander and F. Rand Wallis, also disagreed with the defendants' contention that the application of the new law to pending cases would amount to an "ex post facto" violation of both the Florida and U.S. Constitutions. That constitutional problem would only arise if the new law retroactively altered the definition of crimes or increased the punishment for the crimes, Orfinger noted. While Florida's new law changes the process used to determine whether the death penalty will be imposed, it does not modify the punishment attached to 1st-degree murder, Orfinger wrote. "The new sentencing statute added no new element, or functional equivalent of an element, to first-degree murder. Hence, the changes to our capital sentencing procedures do not resemble the type of after-the-fact legislative evil contemplated by the ex post facto doctrine," he wrote. (source: The News Service of Florida) **************** THE GHOST OF HENRY MORGAN COOPER JR. You probably haven't heard of Henry Morgan Cooper Jr., but who he is may matter deeply to people facing sentences on Florida's death row - one of the busiest in the nation, according to the Washington Post. Last week Florida reinstated its death penalty - less than 2 months after the U.S. Supreme Court struck down its previous death penalty regime, in Hurst v. Florida, 84 U.S.L.W. 4032, 2016 BL 7258 (U.S. Jan. 12, 2016). Under Florida's old system, after the adjudication of guilt, a judge would hold a post-conviction evidentiary hearing. Based on that evidence, a jury weighed aggravating and mitigating factors and made a sentence recommendation by majority vote. But the judge alone, based on an independent weighing of the same factors, determined whether a convicted person would be executed. The Supreme Court decided this "hybrid" system was unconstitutional. "The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death. A jury's recommendation is not enough," Justice Sonia Sotomayor wrote on behalf of 7 justices. In Florida's new system, there is still a separate hearing after the determination of guilt. Now, however, the jury must unanimously decide that there is at least 1 aggravating factor - such as prior record or premeditation - that justifies the imposition of the death penalty. That done, after weighing all the aggravating and mitigating circumstances, the jury recommends a sentence. If the jury recommends life without parole, that will be the sentence; if it recommends death, the judge may nevertheless impose LWOP. But the jury needs only 10 votes out of 12 to recommend the death sentence. Wait, 10-2? This is where Cooper comes in. Cooper was convicted in Oregon of burglary in a dwelling. The jury convicted by a vote of 10-2, which was the minimum necessary in Oregon at the time. The U.S. Supreme Court upheld the conviction in Apodaca v. Oregon, 406 U.S. 404 (1972) (Robert Apodaca had been convicted of assault with a deadly weapon by an 11-1 vote). The Apodaca plurality determined that the history of the Sixth Amendment didn't require jury unanimity. The justices therefore took a functional approach, and determined that "the purpose of trial by jury is to prevent oppression by the Government by providing a 'safeguard against the corrupt or overzealous prosecutor and against the compliant, biased, or eccentric judge.'" The interests of the defendant "in having the judgment of his peers interposed between himself and the officers of the State who prosecute and judge him is equally well served" by a 10-2 result, they decided. (The 4 judges in the plurality were joined in this holding by Justice Lewis F. Powell Jr., who disagreed with the plurality only to the extent that he believed the Sixth Amendment was incorporated to the states by the 14th Amendment.) Research conducted by Bloomberg BNA indicates that 10 is the lowest number of votes approved by a majority of the Supreme Court. (Interestingly, the Supreme Court upheld a 9-3 conviction in Johnson v. Louisiana, 406 U.S. 356 (1972), decided the same day as Apodaca. In that case, however, Powell believed the challenge to the verdict was foreclosed by retroactivity, so there were only 4 votes to uphold that jury result.) It seems likely that the Florida legislature, in implementing the 10-2 requirement, knew of this holding. But its reliance on Apodaca may be on shaky ground. Apodaca came up twice during oral argument in Hurst. Once was as Florida Solicitor General Allen Winsor attempted to justify Florida's requirement that only a majority of the jury find an aggravated circumstance justifying the death penalty. Ruling as it did on the judge/jury issue, the Supreme Court didn't reach the question of the jury vote required to recommend a sentence of death. The other time Apodaca came up suggested that Justice Sonia Sotomayor would be willing to overrule it. "Is it still good law?" she asked Seth Waxman of Wilmer Cutler Pickering Hale & Dorr LLP, Washington, arguing for Hurst. "Shouldn't we overrule it?" Waxman agreed the court should, especially in the context of the death penalty. He noted that no other state "permits anyone to be sentenced to death other than [by] a unanimous determination by the jury. "The State of Florida requires unanimity for shoplifting, just not for death," he said. Justices Stephen G. Breyer and Ruth Bader Ginsburg have already documented their antipathy to the death penalty in any form (see their dissent in Glossip v. Gross, 83 U.S.L.W. 4656, 2015 BL 206563 (U.S. June 29, 2015). With the addition of Sotomayor, there may already be 3 votes on the court to overturn Florida's new death sentencing scheme. (source: US Law Week) ALABAMA: Girlfriend tipped off police about boyfriend, who now faces possible death penalty A Birmingham man faces the possibility of the death penalty after his girlfriend told police she had heard him talking on the phone about killing a security guard, a detective testified Friday. A preliminary hearing was held Friday for Michael Bragg, 20, who is charged with capital murder in the Oct. 20 shooting death of 28-year-old Maurice Dukes. Jefferson County Circuit Judge Teresa Pulliam ruled at the end of the hearing that she found probable cause for the charge against Bragg and she forwarded the case to a grand jury for possible indictment. Pulliam also denied a request by Bragg's attorney, Erskine Mathis, for a bond to be set for Bragg, who is being held without bond in the Jefferson County Jail pending the outcome of the case. Deputy Jefferson County District Attorney Carl Randall opposed a bond being set. "We're seeking the death penalty," he said. With prosecutors seeking the death penalty, Pulliam said she couldn't set a bond and denied the request. Birmingham homicide detective Kyle Johnson testified at the hearing that Dukes was a night security guard at the construction site of an apartment complex at 6051 First Avenue South. Dukes' body was found the morning of Oct. 20 inside his vehicle, Johnson said. He had been shot 3 times in his left shoulder by someone standing outside the car, he said. Dukes' iPad, handgun, and white iPhone 6 with gold backing, were missing, Johnson said. None of the 3 items were ever recovered, he said. A person, who Johnson did not name, stepped forward and gave Bragg's name as a possible suspect. As a result of that, Johnson said he talked to 4 people who knew Bragg. 2 males said that Bragg had asked them both to break the code to get into a white iPhone with gold backing. Johnson said he also spoke to Bragg's girlfriend on Nov. 6. At that time she had no knowledge of the shooting, he said. But on Feb. 23 the girlfriend called him back and told him she had later learned about Bragg's involvement in the shooting around Christmastime, Johnson said. The girlfriend said she and Bragg were at an apartment where they were living when Bragg went into a bathroom and got on a cellphone. Bragg told the person on the other end of the phone conversation "I haven't been sleeping and I need to get this off my chest," Johnson said the girlfriend reported. The girlfriend reported she then overheard Bragg talk about killing of the security guard for the purpose of getting his iPhone, Johnson testified. When Bragg came out of the bathroom, the girlfriend reported she confronted Bragg and told him "you killed a man over and iPhone 6? I would have bought you an iPhone 6." Later, the girlfriend reported, Bragg gave more details on the killing when they met with another man, Johnson testified. The detective said he also interviewed that other man. One of the things that the other man reported Bragg told them during the meeting was the caliber of the handgun - a .380 - he shot Dukes with after telling Dukes "MF give it up," Johnson said. The other man also reported Bragg that he had picked up shell casings after the shooting, he said. Johnson testified that police had not released the caliber of the handgun and that 3 of the 4 shells - there were 4 shots fired - had been picked up. Bragg told police that he had run into Dukes at a gas/convenience store in the area, Johnson testified. Bragg reported that Dukes was walking too slow and that he cut in front of Dukes in line, he said. Once outside, Bragg stated that Dukes met and talked with a "weedman," Johnson said. Bragg said he then walked over to Dukes and borrowed his phone. Phone records show multiple calls to a cellphone registered to Bragg's girlfriend just after 8 p.m. on Oct. 19 and then multiple phone calls between the 2 phones after 11 p.m. that night, Johnson said. The girlfriend confirmed that Bragg had called her earlier in the evening from Dukes' phone. The last phone call that night between Dukes' phone was with an undetermined number, he said. Dukes' body was discovered at 7:10 a.m. the following morning, Johnson said. Police announced Bragg's arrest Feb. 25 - 2 days after Bragg's girlfriend stepped forward. Johnson, under questioning from Bragg's attorney, Erskine Mathis, said no fingerprints matching Bragg were found at the scene. But police are testing a cigarette butt for DNA, he said. Pulliam had ordered swabs taken from Bragg on March 1. Mathis pressed Johnson to say what time he believes Dukes was killed. Johnson, who said he would not give his opinion, kept repeating the time of death from the coroner's office as 7:31 a.m. Oct. 20, which is 20 minutes after his body was discovered. Johnson also said the last person to report seeing Dukes alive is the security guard he had relieved that night. But he couldn't tell Mathis that time that was. (source: al.com) From rhalperi at smu.edu Sat Mar 19 10:08:44 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Sat, 19 Mar 2016 10:08:44 -0500 Subject: [Deathpenalty] death penalty news----ARK., OHIO, KY., ARIZ., CALIF. Message-ID: March 19 ARKANSAS: State Supreme Court Allows Karl Roberts To Pursue New Appeals A death-row inmate who waived his right to further appeals in the killing of a Polk County girl and said he wanted to be executed was not mentally competent to make that decision, a divided Arkansas Supreme Court ruled Thursday. In a 4-3 decision, the court reversed a Polk County circuit judge's ruling that Karl Roberts, now 48, was mentally competent to make a knowing and intelligent decision to waive his appeal rights. Roberts was convicted in 2000 of capital murder and sentenced to die in the 1999 killing of his 12-year-old niece, Andria Nichole Brewer. Roberts confessed to raping and strangling the girl, whose body was found in a wooded area near Mena. The case was automatically appealed to the Supreme Court, which upheld Roberts' conviction. In 2003, Roberts told a judge he wished to waive further appeals and wanted to die for his crime. But in January 2004, hours before he was to be executed, Roberts changed his mind and authorized his attorneys to appeal his conviction and sentence. A judge stayed the execution. A Polk County circuit judge declined to reopen the case, so Roberts' lawyers appealed to the state Supreme Court, which in February 2013 sent the case back to circuit court for a new mental evaluation. In December 2014, Polk County Circuit Judge J.W. Looney ruled that, based on the new mental evaluation, Roberts was competent to make a knowing and intelligent decision when he waived his right to further appeals. In oral arguments before the Supreme Court last month, an attorney for Roberts told the justices that Roberts is actively psychotic and schizophrenic, hears voices talking to and about him, and has delusions that people are conspiring against him and spying on him. In its majority opinion Thursday, the Supreme Court said Roberts is entitled to withdraw his waiver of his appeal rights and pursue new appeals in circuit court. "The evidence before the circuit court evinces that it is undeniable that Roberts suffers from schizophrenia, that these symptoms of his psychological disorder clearly impact his ability to choose between life and death and to knowingly and intelligently waive his appeal rights," the court said in an opinion written by Justice Rhonda Wood. The majority also said it would refer to its Committee on Criminal Practice the question of whether post-conviction proceedings should be mandatory and not subject to waiver in death-penalty cases. Justice Courtney Goodson wrote in a dissenting opinion that she would have upheld Looney's ruling that Roberts knowingly and intelligently waived his appeal rights. "The circuit court had the first-hand opportunity to observe Roberts and to assess the credibility of the expert witnesses. On this record, the circuit court could well conclude that Roberts understands the choice between life and death and that his decision to waive further review is knowingly and intelligently made," she wrote. Chief Justice Howard Brill wrote in a separate dissenting opinion that the case was not properly before the Supreme Court. He said Looney did not include specific findings of fact in his order and that "the majority engages in fact-finding that is within the exclusive province of the circuit court." Justice Paul Danielson joined in Brill's dissent. (source: swtimesrecord.com) OHIO: Should Ohio death row inmate Romell Broom go on the gurney again? Editorial Board Roundtable In a 4-3 ruling, the Ohio Supreme Court found this week that Romell Broom, a serial criminal, convicted murderer and child rapist formerly from Shaker Heights, would have to face another execution attempt. The Supreme Court ruled that a 2nd attempt to execute Romell Broom for the murder of a 14-year-old girl would not constitute cruel and unusual punishment or violate his constitutional protection against double jeopardy. Broom, 59, who's spent more than 30 years in prison, became Exhibit #1 for botched executions when death row staff in Ohio couldn't execute him 6 years ago despite more than 2 hours of trying -- poking him with catheter needles so many times that the puncture wounds became swollen and bruised, and 1 needle inserted by the prison doctor struck a bone. Broom, according to the Ohio Supreme Court's recitation of the facts, repeatedly cried from the pain. Eventually, prison officials called a halt after the office of then-Gov. Ted Strickland indicated his willingness to grant a reprieve. Broom's lawyers had argued another execution attempt would amount both to double jeopardy and to cruel and unusual punishment prohibited by the 8th Amendment. On Wednesday, the Ohio Supreme Court majority disagreed, citing in part a 1947 U.S. Supreme Court precedent when a Louisiana man was ordered into the electric chair a second time after a first attempt failed to kill him. The Ohio majority opinion, authored by Justice Judith Ann Lanzinger and joined by Chief Justice Maureen O'Connor, and Justices Terrence O'Donnell and Sharon Kennedy, said a 2nd execution attempt would not constitute multiple punishment for the same crime since Broom wasn't actually pumped full of death-penalty drugs the 1st time because the staff couldn't insert the IV. The majority also found a 2nd attempt would not be cruel and unusual because there was no intention "to cause unnecessary physical pain or psychological harm." In a scathing dissent, Justice Judith French wrote the majority was "wrong on the law, wrong on the facts, and inconsistent in its reasoning," saying there was no evidence in the record showing that Ohio "has cured the problems in its execution procedures" that led to the 2009 fiasco. Rather, she wrote, in a dissent joined by Justice Paul Pfeifer, there was testimony "concerning the magnitude of medical incompetence displayed" and evidence of a "long, problematic history with IV catheters" in Ohio executions. In a separate dissent, Justice William O'Neill denigrated the majority's use of the 1947 Supreme Court precedent -- a case, he argued, of a 17-year-old black male convicted by an all-white jury with defense lawyers appointed six days earlier, who did not mount a defense. Romell Broom was convicted of a heinous crime -- the 1984 kidnapping, rape and murder of 14-year-old Tryna Middleton of East Cleveland as she and 2 other young girls walked home from a Friday night football game. He's a danger to society. But given the state's failure to be able to execute him once, is it right for Ohio to put him through another attempt? Our Editorial Board Roundtable weighs in and we welcome your thoughts in the comments that follow. Sharon Broussard, chief editorial writer, cleveland.com: The majority in this case held that "we do not believe that it would shock the public's conscience to allow the state to carry out Broom's execution." It should. The attempts to execute Broom, as vile as his actions were, were ugly, brutish and long, as the execution team searched for a vein. But so is every execution even when it goes perfectly well. The state should not be in the killing business. Kevin O'Brien, deputy editorial page editor, The Plain Dealer: I disagree with the court on the moral question -- whether in the United States today capital punishment should be enforced. On the legal question, though, the court is on solid ground. The punishment to which Broom was sentenced -- death -- was not carried out so a 2nd attempt would not constitute punishing him twice. And the court explicitly chose in this case not to change the definition of cruel and unusual punishment to incorporate lethal injection. Broom remains subject to execution. Ted Diadiun, editorial writer: Tryna Middleton was 14 years old on Sept. 21, 1984, walking with 2 friends on a street near her home, when then-28-year-old Romell Broom set upon them, snatched Tryna as her screaming friends ran for their lives, drove her to a secluded spot, raped her and stabbed her 7 times in the chest. Now we are being asked to consider whether retrying a failed attempt at lethal injection constitutes cruel and unusual punishment for him. Who cares? Elizabeth Sullivan, opinion director, cleveland.com Every Ohioan should read Justice Judith French's powerful dissent in this case, exposing the nasty underbelly of Ohio execution procedures -- an inadequately trained staff. They botched it once with Romell Broom. They could do so multiple times and it wouldn't be unconstitutional, according to the majority's flawed reasoning. Dollars to donuts, the U.S. Supreme Court will give us a more reasonable standard for capital cases. And if we're lucky, the high court will also address mounting evidence that the lack of medically competent personnel willing to preside at executions and a shortage of proper drugs have made it impossible for states to carry out the death penalty in a consistently constitutional manner. Thomas Suddes, editorial writer: The death penalty should be rare in Ohio, and as time passes I am more and more skeptical about its morality as well as its utility. Still, it appears that this prisoner's crime was particularly vicious. Absent a commutation from the governor, the inmate's execution should proceed. (source: cleveland.com) ********************* When fighting the death penalty is heartless---The tragedy in the failed execution case is Tryna Middleton, a tiny 14-year-old girl who was kidnapped in 1984 as she was walking home from a Cleveland football game with 2 13-year-old girlfriends. The failed 2009 execution of Romell Broom, a U.S. serial child kidnapper, rapist and murderer, is a tragedy in the sense that all executions are a tragedy. But this one was especially so in that Broom says executioners tried 18 times and failed to find a vein for lethal drug injection. The Ohio Supreme Court has now ruled that he will finally be executed, presumably successfully this time. The U.S. legal system confounds good people, whatever their views on capital punishment. (I always oppose state murder.) It doesn't help that stories like this are badly reported and ignore the victim, thus favouring the killer, the person left alive. The tragedy in the Broom case is Tryna Middleton, a tiny 14-year-old girl who was kidnapped in 1984 as she was walking home from a Cleveland football game with two 13-year-old girlfriends. They all fled but Broom caught Tryna. Within 3 hours, he had raped her, stabbed her 7 times in the abdomen (presumably so she could watch it being done) and dumped her corpse in a parking lot. I only mention this because the AP story says Broom cried and screamed as needles were repeatedly inserted in his arm. It does not mention that Tryna must have screamed and cried as well. I understand why Tryna's slaughter doesn't rate. The lengthy story is crowded with other matters, like legal arguments, comments from prosecutors and anti-death penalty campaigners, and the suggestion that the ruling will be appealed. Broom is safe for a few more years. The story also mentions a possible reason executioners couldn't find a vein - Broom may have swallowed a box of antihistamines to dehydrate himself and narrow his veins - and it includes information on a similar 1947 case when an execution succeeded on a 2nd attempt. There is no room for Tryna here. In her grave, she is silent. Her parents are in agony. According to the Columbus Dispatch, her mother Bessye, now 72, still thinks of her daughter every single day. Her father, David, cannot drive down the street where Broom took her. For years he became nauseated when he entered his home full of memories. Anti-death penalty lawyers didn't forget Tryna. They attacked her. As the Cleveland Plain Dealer reported, a 2007 clemency hearing for Broom took the worst course imaginable: Lawyers questioned if Tryna had really been abducted and raped. They portrayed Tryna and her friends as drunk on beer and high on pot that day. They suggested she was sexually active and known to accept rides from strangers. In other words, he was guilty but Tryna allegedly being a little slut should save Broom from death. The prosecutor took this badly, the Plain Dealer reported. "Whatever they were doing, experimenting with their sexuality, they were still innocent of this crime," he said. "They were still 3 little girls." It doesn't help anyone's view of Broom that he killed Tryna 4 months after being paroled from a prison sentence for raping a 12-year-old girl, but AP doesn't mention that. And 3 months after killing Tryna, he forced an 11-year-old girl into his car. Her mother ran after the car and screamed to her daughter to jump out. Broom ran over the girl's leg as she escaped. And that's how Broom was caught for Tryna's murder. Meanwhile in Britain, a British mother is fighting for her son's release. He was convicted of murder under the "joint enterprise" law, meaning that he didn't kill anyone but was in a group whose other members did. But Janet Wilson expresses extreme sympathy for the victim and his family. "For this to be all dragged up again for any victim's family is so unfair," she told the Guardian. "You think the person who has done it has been caught and they're going to be punished and that's the last of it and you grieve and get on with your life. To have people like me and campaigners popping up all the time; it must be like rubbing salt in the wounds." It's why families didn't want the Boston Bomber executed. They knew campaigning lawyers would fight it for decades, reminding them of the agony daily. U.S. anti-death penalty activists burn with pride at the rightness of their cause. But the pain they leave in their wake for decades does them no credit. This is the problem with extreme positions. When you will brook no disagreement and don't see that you're making things worse for some, you are not advancing social justice. You are increasing social misery. (source: Heather Mallick, The Star) KENTUCKY: Murder case goes to grand jury The case against a man charged in the Jan. 9 shooting death of Caleb Hallett was sent to a Fayette County grand jury Thursday. After a preliminary hearing, Fayette District Judge Megan Lake Thornton found probable cause for a grand jury to consider the case against Marquess L. "Hector" Smith, 19. He is accused of shooting Hallett on University Avenue. Hallett, 18, was shot multiple times after a robbery and died a short time later at University of Kentucky Chandler Hospital. His friend Josh Baker was shot in the right arm. In addition to murder, Smith is charged with 2 counts of 1st-degree robbery and 1 count of assault. During the hearing, Lexington police detective Bill Brislin said Smith, Marique Q. Sturgis, 18, Kenyon Hipps, 21, and 2 juveniles had planned to rob the house in the 200 block of University Avenue because they thought narcotics were there. Hipps died in Dayton, Ohio, of a self-inflicted gunshot wound 10 days after the shooting. Police identified the 2 juvenile suspects after one contacted police, Brislin said. At the time of the robbery, Smith, Hipps and Sturgis put on masks and walked behind the house while the 2 juveniles stayed in a car, the juveniles told police. The 3 came running back to the car after the juveniles heard shots. They told the juveniles that Hallett and Baker came out of the house and got into Hallett's car. Smith approached the driver's side, and Sturgis approached the passenger side. Juveniles overheard a conversation between Smith and Sturgis, Brislin testified. According to what the juveniles heard, "Mr. Smith stated there was a verbal altercation between he and Mr. Caleb Hallett," Brislin testified. "Mr. Smith stated that at that time he shot into the vehicle to strike Mr. Hallett. It was also at that time that Mr. Sturgis said that he then shot into the vehicle as well, striking Mr. Baker." The 5 suspects then fled separately. The only item taken in the robbery was Baker's cellphone, which Sturgis took, Brislin said. Sandra Downs, directing attorney of the Capital Trial Branch-East of the state Department of Public Advocacy, which is defending Smith, indicated after the hearing that prosecutors might seek the death penalty against him, given that the case involves murder during a robbery. "Right now we have not been served with a notice of death penalty," Downs said. "If in fact it does occur, we're ready for it." Meanwhile, Sturgis also appeared Thursday before Thornton and waived an unrelated charge of trafficking in cocaine to a grand jury. Sturgis is accused of murder, assault, wanton endangerment, criminal mischief and 2 counts of robbery in the Hallett and Baker case. (source: kentucky.com) ARIZONA: Court to review ruling that overturned man's death sentence The Arizona Supreme Court has agreed to review a trial judge's decision that threw out a death sentence for a man convicted of killing a prostitute in Phoenix in 1993. The state high court said Tuesday it will schedule oral arguments on prosecutors' appeal of a 2015 ruling by now-retired Judge Roberts Gottsfield in the case of Darrel Peter Pandeli. Gottsfield ruled that Pandeli's former attorney was "deficient" in presenting evidence during Pandeli's original sentencing and that jurors weren't told the defendant suffered from a mental illness that affects his brain function. The judge ordered a new penalty phase trial. Pandeli was convicted for the 1993 killing of 43-year-old Holly Iler. She was found in an alley with her throat slashed and her breasts cut off. (source: Associated Press) CALIFORNIA: You're not getting off that easy, judge tells alleged 'Grim Sleeper' mass killer A judge Friday rejected a defense motion to dismiss the case against the man charged in the "Grim Sleeper" killings of 9 women and a teenage girl in a crime spree stretching over more than 2 decades. "The motion's denied," Los Angeles Superior Court Judge Kathleen Kennedy said immediately after one of Lonnie David Franklin Jr.'s attorneys made the request at a hearing outside the jury's presence based on the evidence that was presented during the prosecution's case-in-chief. Franklin, a 63-year-old former city garage attendant and sanitation worker, is charged with the murders of 9 women, who were mostly in their 20s, and a 15-year-old girl, and dumping their bodies in alleys and trash bins in and around South Los Angeles, Inglewood and unincorporated Los Angeles County. Franklin is also charged with the attempted murder of another woman, Enietra Washington, who survived being shot in the chest and pushed out of a moving vehicle in November 1988. Prosecutors are seeking the death penalty against him. The defense is scheduled to begin its portion of the case Monday, with attorney Seymour Amster telling the judge that he believes his opening statement to jurors is going to take about an hour. The prosecution wrapped up its case Wednesday after calling relatives of 9 of the victims to identify autopsy and crime scene photos of their loved ones. The prosecution's portion of the case - which took about a month - included testimony from Washington, who identified Franklin in court as her assailant and said he took a Polaroid-type photo of her after shooting her. Jurors also watched a videotape of Franklin being interrogated by Los Angeles Police Department detectives. He denied killing anyone, but called one of the victims "butt ugly" and another "fat" after the detectives showed him photos of them. In her opening statement last month, Deputy District Attorney Beth Silverman told jurors that DNA and firearms evidence linked Franklin to the attacks. "The evidence in this case will tell a story, a story of a serial killer who stalked the streets of South Los Angeles, a serial killer who is responsible for the murders of 10 women" and the attempted murder of another woman, the prosecutor told jurors. The killings occurred between 1985 and 1988, and 2002 and 2007, with the assailant dubbed the "Grim Sleeper" because of the apparent 13-year break in the killings. Most of the victims were shot in the chest or strangled, Silverman said. The prosecutor said all of the victims were "connected to the same serial killer" either through DNA evidence or firearms evidence. "And that serial killer, ladies and gentlemen, is the defendant Lonnie Franklin," Silverman told the jury. 8 of the victims were linked through firearms evidence, and DNA collected from 7 of the victims was linked to the same male profile, she said, noting that the male profile was matched to "the defendant's unique DNA profile" during an LAPD task force investigation into the killings. Franklin is charged with murdering: -- Debra Jackson, 29, who was found dead from 3 gunshot wounds to the chest in an alley on Aug. 10, 1985; -- Henrietta Wright, 34, who was shot twice in the chest and found dead in an alley on Aug. 12, 1986; -- Barbara Ware, 23, who was shot once in the chest and found dead in an alley on Jan. 10, 1987; -- Bernita Sparks, 26, who was shot once in the chest and found dead in a trash bin on on April 15, 1987; -- Mary Lowe, 26, who was shot in the chest and found dead in an alley on Nov. 1, 1987; -- Lachrica Jefferson, 22, who was found dead from 2 gunshot wounds to the chest in an alley on Jan. 30, 1988; -- Alicia Alexander, 18, who was killed by a gunshot wound to the chest and found in an alley on Sept. 11, 1988; -- Princess Berthomieux, 15, who was strangled and discovered in an alley in Inglewood on March 19, 2002; -- Valerie McCorvey, 35, who was strangled with a ligature and found dead at the entrance to an alley on July 11, 2003; and -- Janecia Peters, 25, who was shot in the back and found dead inside a sealed plastic trash bag in a trash bin in an alley on Jan. 1, 2007. Authorities said after Franklin's arrest that he was identified as a suspect using familial DNA - investigators determined that his son had DNA similar to the killer, and when they subsequently got Franklin's DNA, his genetic material allegedly matched forensic evidence from 8 killings between 1985 and 1988, and 3 killings between 2001 and 2007. Detectives have said since Franklin was taken into custody in July 2010 that they were also investigating whether he might be connected to the disappearances or deaths of 8 other women whose photos were found in his home near 81st Street and Harvard Boulevard. (source: mynewsla.com) From rhalperi at smu.edu Sat Mar 19 10:09:27 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Sat, 19 Mar 2016 10:09:27 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 19 BARBADOS: Mercy for victims' families too It would be quite hard for any reasonable person to argue with any degree of strength that there is not significant merit in the suggestion of Director of Public Prosecutions (DPP) Charles Leacock QC on the way the Mercy Committee of the local Privy Council exercises its power in relation to murder convicts. Just days after the release of Peter Bradshaw, the notorious killer of Francia Plantation owner Cyril Sisnett back in 1984; and Oliver Sinclair Archer, who was found guilty of manslaughter in relation to the killing of Andrea Williams in 2003 and sentenced to 25 years in prison, Leacock called for consultation with the victims' families before perpetrators are released early. In essence, what we took from the DPP's submission is that there is tremendous value in balancing the success of the prison's rehabilitative programmes with the perpetrators and the sense among the families of the victims that justice has been served. And in an environment where the imposition and execution of the death penalty are destined to become less frequently considered by those who administer the criminal justice system, it is very likely that the absence of consultation when the Mercy Committee is doing its work will lead to more frequent questioning of the process by the public. We believe that as the society continues to evolve, acceptance back into the community of individuals who were imprisoned for the ultimate crime will be seen increasingly as a natural occurrence in our civilised environment. Indeed, it would be nothing less than hypocritical to expend resources on rehabilitating prisoners, have the experts certify their success, and then not be willing to release them back into the society. But if the justification for each individual release can't at least be shared and discussed with the families of the victims, who themselves are victims, and their own concerns and reservations taken into consideration, then the value of early release will never be fully appreciated. We believe this is essential to the successful reintegration of released prisoners. We also hold the view that while the family may not be a disinterested party in any such consideration or discussion, in many respects that family would constitute the nearest embodiment of the public's sentiment on such matters. And although there is no doubt that the individuals who make up the committee are honourable and respected members of the Barbadian community, it would be hard to equate them with the man in the street. And it is that man in the street who would wish to be satisfied that all interests have been properly served when, for example, Oliver Sinclair Archer, who was given a life sentence in 1980 in Canada for killing Jennifer Wong, his girlfriend, was released early in 1988 on good behaviour and deported to Barbados 4 years later and then ended up being charged for 2 killings here, 1 of them resulting in his 25-year sentence. As far as we are aware that Mercy Committee is under no legal obligation to report to the public, but it certainly would make a positive difference to how Barbadians feel about its work if its procedures included some kind of interaction with the public, even if that "public" is restricted to the families of the victims. We support limitations on the use of the death penalty, which we believe is a position being adopted by more Barbadians, but in the absence of carrying out the death penalty there is the possibility of more and more murderers being released back into the society eventually. It can't be unreasonable for those who will have to live with these supposedly rehabilitated murderers to know what factors guided the decision to release them early. (source: Editorial, nationnews.com) RUSSIA: Putin says he needs someone to hang if Crimea bridge isn't built President Vladimir Putin said he wants to identify an official who can be hanged if a bridge linking Crimea to Russia isn't built, as he complained that nobody wants to take charge of the project. "There should be a specific person who can be hanged if it's not done," Putin said during a visit to Crimea to view construction work on Friday, the second anniversary of Russia's annexation of the peninsula from Ukraine. Officials keep passing responsibility for the work to colleagues in different ministries, he said. Construction of the 19-kilometer (12 miles) bridge to end the peninsula's isolation is a "historical mission" for Russia that must be completed by Dec. 18, 2018, Putin said. The span linking Crimea to Russia across the Kerch Strait will boost economic growth, he said. Putin annexed Crimea in March 2014 after the peninsula approved joining Russia in a referendum branded illegal by the United States and the European Union, which imposed sanctions. The vote took place after masked, armed men seized the parliament and government buildings in the Crimean capital, Simferopol, following the overthrow of Ukrainian President Viktor Yanukovych in February. Putin at first denied sending troops to Crimea, then later admitted that Russian servicemen had assisted local self-defense units. It was unclear if Putin was speaking figuratively when he made his threat, though a moratorium on the death penalty in Russia has been in force since 1996. The Crimean peninsula is connected to Ukraine and has no land link to Russia. It was conquered by Russian Empress Catherine the Great in the 18th century and became part of Ukraine only in 1954 -- a gift of then-Soviet leader Nikita Khrushchev. Ukraine has vowed to reclaim Crimea. French President Francois Hollande and German Chancellor Angela Merkel "reaffirmed that the EU does not recognize the occupation of Crimea by Russia," at talks Thursday in Brussels with President Petro Poroshenko, according to the Ukrainian presidential website. Crimeans' decision to join Russia should be respected and the peninsula's status can't "be the subject of any negotiations," Kremlin spokesman Dmitry Peskov told reporters on a conference call Friday. Russia's "illegal invasion" of Crimea won't be accepted "under any circumstance and Moscow eventually has to end its occupation of Ukraine's sovereign territory," U.S. Vice President Joe Biden said on a visit to the Ukrainian capital, Kiev, in December. (source: Chicago Tribune) UNITED ARAB EMIRATES: Trial of U.S. Citizens Detained in UAE Resumes On Monday, March 21 the trial resumes in the UAE's prosecution of American citizens Kamal and Momed Eldarat. Arrested in the UAE in August 2014, the Eldarats were held in secret, tortured, and denied access to legal counsel. Monday's hearing could determine whether or not the father and son will be convicted of trumped-up terrorism charges. On January 18, 2016, after nearly 18 months of detention, the Eldarats were charged with supporting 2 alleged Libyan terrorist groups during the Arab Spring. Neither groups are recognized by the U.N. as terrorist organizations. The Eldarats deny any involvement with the Libyan groups, which splintered in the wake of the country's civil war. The only "evidence" the prosecution has to support its claims is the signed "confessions" of the Eldarats - obtained under torture. On the 1st day of the trial, which began on February 15th, the judge adjourned the case for 2 weeks. When the trial resumed on February 29th, it was again postponed after 30 minutes to conduct a forensic medical assessment of the allegations of torture and to call additional witnesses. If the court finds Kamal and Momed guilty, the father and son could face the death penalty with no right to appeal. During these fits and starts, international pressure for the UAE to free the Eldarats is mounting. The prosecution of the Eldarats has been widely condemned by human rights groups and the United Nation's Special Rapporteur on torture issued a statement in February citing credible evidence that the Eldarats were tortured and called for Kamal and Momed's unconditional release. This international pressure, coupled with the expected testimony of Libyan officials, including the country's former president, bolsters the Eldarats' chances for release. Furthermore, on March 14, 2016, a UAE court found 2 other Libyan nationals also charged with aiding armed groups innocent and the case was dismissed. That outcome bodes well for the Eldarats and their family. Both trials share common characteristics, including fabricated terrorism charges, a prosecution based on coerced confessions, retroactive use of a law, and prolonged, unlawful imprisonment. There is no guarantee that the medical examination, carried out by a court appointed physician, heeded international standards for the investigation of torture. According to family member Amal Eldarat, Kamal and Momed's respective examinations did not exceed 5 minutes. It is difficult to imagine how the extent of the abuse can be assessed in such superficial examinations. U.S. support for the Eldarats is essential for a just resolution of the case. While U.S. embassy personnel attended the hearings in January and February and plan to attend Monday's, the State Department has spoken of the Eldarats far too infrequently during their lengthy detention. When asked if she thought the U.S. government believes the UAE's allegations against her father and brother, Amal Eldarat told the Huffington Post, "I don't think they think it's legit, but they're silent." Meanwhile, such silence has allowed UAE officials, like Ambassador to the U.S. Yousef al Otaiba, to spin their own distorted version of events to the American public. In response to a Washington Post story on the Eldarat's ordeal, al Otaiba stated, "just as in the United States, the defendants received a hearing, were represented by legal counsel and were allowed to contact their families and U.S. diplomatic representatives." It is neither in the interests of the UAE nor the United States to let the case against the Eldarats drag on. The publicity surrounding the Eldarats is increasing, bringing light to the wider problem of the UAE's brutal state security apparatus and raising questions about Washington's alliance with Abu Dhabi. As Obama prepares to meet with GCC leaders in Saudi Arabia next month, there is a risk that the United States may prioritize its relations with a repressive ally over the human rights of American citizens. The U.S. government should do everything in its power to prove this is not the case. (source: Human Rights First) INDONESIA: 3rd Wave of Executions to Be Realized Soon: AGO Attorney General Muhammad Prasetyo said that a number of drug convicts would face the 3rd wave of executions soon. While the number of death row convicts increased, Prasetyo claimed that the executions were hampered by weather conditions. "It's difficult [to conduct executions] during the rainy season. We'll see about that. I've never said that the executions will be canceled. It's just a matter of time," Prasetyo said on Friday, March 18, 2016, without revealing names of convicts on death row. Prasetyo also dismissed a rumor saying that the Attorney General Office (AGO) had been pressured by foreign countries to postpone the executions. "There's no such thing. This is our law enforcement. We will enforce our law in our own country, and Indonesian law still applies death sentence," Prasetyo explained. Therefore, the AGO would stick to the execution schedule, although a human rights organization Imparsial was in communication with Prasetyo asking the AGO to postpone this year???s execution. Earlier, the AGO announced its target to execute 14 convicts in 2016 during the budget plan discussion with House of Representatives' Commission III. In 2015, the AGO conducted 2 waves of executions: the 1st one on January 18, 2015 and the second one in April 29, 2015. (source: tempo.co) ITALY: The Catholic Movement Against Capital Punishment On February 21st, as Mario Marazziti prepared Sunday lunch at his apartment in Trastevere, he had the television on, turned to Rai Vaticano, the Italian state channel devoted to coverage of the Catholic Church. It showed an image of Pope Francis in the window of the papal apartments overlooking St. Peter's Square. There - a 15-minute walk from Trastevere, via the old pilgrim road - Francis was leading the faithful in a set of prayers known as the Angelus. The Pope usually speaks briefly when the prayers are finished, and, on this Sunday, Francis called for a global moratorium on the death penalty, as part of the Year of Mercy he initiated last fall. "The commandment 'Do not kill' holds absolute value and applies to both the innocent and the guilty," Francis said. He called for politicians to work for the abolition of the death penalty, and went on, "And I propose to all those among them who are Catholic to make a courageous and exemplary gesture: may no execution sentence be carried out in this Holy Year of Mercy." Popes have denounced capital punishment for four decades, drawing on a much longer history of religious revulsion toward the practice; but, by calling for a moratorium, Francis turned opprobrium for the death penalty into a simple step that governments and their executives can take. Marazziti had hoped that Pope Francis would offer a statement of support for the moratoria. He and his compatriots in the Community of Sant'Egidio, a progressive Catholic movement based in Rome, were instrumental in bringing it about. They had asked Francis to consider making such a statement in advance of a conference against the death penalty they had planned for the coming week. It's the sort of request that Marazziti has made of public figures many times. He is a founder of the World Coalition against the Death Penalty, an alliance of more than 150 N.G.O.s, unions, bar associations, and other groups, which emerged out of a conference held at Sant'Egidio???s headquarters, in Rome, in 2002. Meanwhile, the Community of Sant'Egidio has made the Colosseum - where Christians were thrown to the lions - a symbol of resistance to capital punishment, arranging for it to be lit up especially brightly at night each time a government renounces the practice. Marazziti and the movement he represents have created a patchwork consensus against the death penalty, and, in countries that still have the death penalty, such as the United States - retentionist countries, the movement calls them - it is a consensus that politicians are finding harder and harder to resist. He sat down to lunch with his family: wife, mother-in-law, son, daughter-in-law, grandson. They talked about what they had just seen and heard. After the meal, he sent an e-mail to several thousand people with whom he has made common cause over the years (myself among them). "I am very happy," he said, and summarized Francis's message: "No Death Penalty, no executions, during Mercy???s Year. And never again." Marazziti, who is 63, with thick, straight hair, travels light, bringing one change of clothes, a Moleskine knapsack full of late-model mobile devices, and gifts from Italy, for friends, wherever he is going. He worked for 3 decades as a television producer with RAI. After Silvio Berlusconi's ouster from electoral politics, Marazziti and several dozen other non-politicians stood for election in an attempt to infuse the government with fresh life from civil society. Now he is a member of Italy's lower house of parliament, the Camera dei Deputati, and the president of its social-affairs commission. The February conference - called A World Without the Death Penalty - was held in the body's chambers. His true workspace, though, is out in the world, where he has travelled cheerfully and tirelessly since his late twenties, on efforts ranging from conflict mediation to AIDS relief to simple friendship. Most of his work is with the Community of Sant'Egidio, which emerged in Rome after the student uprisings of 1968 and now counts sixty thousand members worldwide (albeit only a few dozen of us in the United States). Its members fit humanitarian efforts into the space around their day jobs, and do so without compensation. Marazziti was long known as the Community of Sant'Egidio's "portavoce," or spokesman. As an elected official he has dropped the job description, which never suited him. What is he? "Humanitarian" is too starchy, "activist" too strident, "organizer" too prosaic. He is a person who goes places and does good things, making the impossible seem obvious. "Mario and Sant'Egidio walk the talk like none other," Lance Lindsey, the administrative director of the California Appellate Project and a longtime activist against the death penalty in that state, told me. "On the global scene, no one has worked harder with me to abolish the death penalty than this man," Sister Helen Prejean, whose efforts were recounted in the book and film "Dead Man Walking," said last year. In addition to helping found the World Coalition, Marazziti has befriended men on death row, some plainly guilty, others later exonerated; made "Dominique's Story,", a documentary (narrated by John Turturro) about death row in Texas; and written a book, in English, called "13 Ways of Looking at the Death Penalty." (I contributed an afterword to the book.) And he has helped persuade several governors to bring about the abolition of the death penalty in their states - notably, Bill Richardson, in New Mexico, and Pat Quinn, in Illinois. "Mario and Sant'Egidio are very good at mixing policy and politics - and a little marketing," Richardson told me. "He made the trip to New Mexico. He promised a ceremony at the Colosseum if I signed the bill, and he delivered on it. An audience with the Pope [Benedict XVI]: well, that was just icing." Sant'Egidio's members knew Jorge Mario Bergoglio when he was the Archbishop of Buenos Aires, and since Bergoglio was elected Pope, in March, 2013, they've maintained a bond of friendship and mutual trust. Andrea Riccardi and Marco Impagliazzo - the movement's founder, and its current president - met with Pope Francis before Sant'Egidio's annual Prayer for Peace, held in Tirana, Albania, last September - 2 weeks before Francis's speech to a joint session of Congress, where he spoke approvingly of the prospect of the global abolition of the death penalty. "Albania is one of the last countries in Europe to have abolished the death penalty, but we did not speak of this issue," Impagliazzo told me. They also rescheduled a November, 2016, conference on the death penalty for February, so as to tie it to the Year of Mercy, and asked Cardinal Reinhard Marx, of Munich - 1 of Francis's "group of 8" cardinal-advisers - to be a speaker. "We sent information about it through the Segreteria di Stato, well knowing the attention of Pope Francis to this issue and his longing for a world without the death penalty, asking for a message or whatever he may have thought more useful," Impagliazzo told me. He decided not to send a message to the conference but to send it worldwide, through the Angelus. He could not have been clearer." "There was no arrangement, no deal," Marazziti said. "But we were pretty hopeful that it would happen. The Pope decides, and he decided to do it. I think he wrote his own remarks." (The papal spokesman, Federico Lombardi, S.J., did not answer a request for comment.) In a moratorium, a government's legislature or head of state makes a pledge that the state will refrain from capital punishment for a period of time, although the death penalty remains on the books as a legal option. At the turn of the millennium, activists against the death penalty were divided between those seeking moratoria and those who would not work for anything less than full abolition. Marazziti favored the step-by-step approach. After the World Coalition was founded, in 2002, he organized a call for a resolution against the death penalty in the United Nations General Assembly, and it passed in December, 2007. (The United States voted against it.) "Although the Resolution was non-binding, it set an international moral standard," he explained in his book, "asserting that the death penalty was a question of human rights, not just one of internal justice. Capital punishment became an issue for the international community, and not just the 'good souls' at the NGO's." The step-by-step approach to ending the death penalty is clearly working, both abroad and in the United States. During the conference in Rome, Marazziti summarized its progress: When the Helsinki Conference on Security and Cooperation in Europe took place, in 1975, 16 countries had abolished the death penalty. When the Berlin Wall fell, in 1989, 35 had done so. In 2016, 105 countries have abolished the death penalty, and another 60 have not used it in a decade. Fewer than 30 countries have carried out executions in the past few years: among them China, Japan, Iran, Iraq, Saudi Arabia, Egypt, Somalia, and the United States. Last year 28 people were executed in the U.S., the lowest number in 25 years. The death penalty is on the defensive even in states where it enjoys robust popular support - and Marazziti and his associates have had a hand in this, too. In Oklahoma, for some years, executions were performed by lethal injection with a cocktail of 3 drugs. Through activists with the anti-death-penalty group Reprieve, Marazziti learned that 1 of the drugs - sodium thiopental - was manufactured in Liscate, near Milan, by an Italian subsidiary of the drug company Hospira, which is based in Lake Forest, Illinois. Because capital punishment is against the law in Italy, and because the drug was clearly being used for non-therapeutic purposes, Marazziti and activists with the European abolition movement Hands Off Cain concluded that the export of the drug was illegal. Hands Off Cain wished to denounce Hospira. Marazziti, instead, reached out to Italy's minister of justice and minister of health, and then entered into dialogue with representatives of Hospira. A week later, the company ceased to produce the drug in Italy. As The Atlantic has reported, Reprieve undertook a similar effort in England, and sodium thiopental became exceedingly hard to obtain, even on the black market. "This was the 1st crisis of the lethal-injection system in the U.S," Marazziti said. Challenged in the courts in the United States, the death penalty is dying in the people's court of human rights, with Pope Francis's call for moratoria on capital punishment just the latest strike against it. I asked Marazziti what he saw as the practical effect of Francis's statement. "It creates a context in which politicians in difficult circumstances can do the hard thing, whether in Uzbekistan or the United States - to work for abolition, and to deal with public opinion," he said. "And it enables us to accompany them." (source: The New Yorker) From rhalperi at smu.edu Sun Mar 20 17:01:26 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Sun, 20 Mar 2016 17:01:26 -0500 Subject: [Deathpenalty] death penalty news----N.C., S.C., LA., ARK., KY., CALIF., USA Message-ID: March 20 NORTH CAROLINA: 1st American ISIS convert in custody, Justin Sullivan, to face the death penalty Before his 20th birthday, authorities say, Justin Sullivan fatally shot an elderly neighbor, solicited a murder contract on his parents, and dreamed of killing up to 1,000 people. This week he added another distinction: The 19-year-old from Morganton is now the 1st American ISIS convert in custody to face the death penalty District Attorney David Learner announced Monday that he will try Sullivan's alleged murder of 74-year-old John Bailey Clark as a capital case. The FBI says Sullivan shot Clark in 2014 to get money for an assault rifle to use in a mass killing. Sullivan was arrested last June and charged with federal terrorism-related crimes. A Burke County grand jury indicted him in Clark's murder in February. His attorney Victoria Jayne of Hickory, did not return a phone call this week seeking comment. 71 U.S. supporters of ISIS have been arrested since 2014. Up to now, only Sullivan has been charged with a capital offense, says Seamus Hughes, a George Washington University professor and co-author of "Isis in America," which details domestic ties to the Islamic State. Learner's office declined to discuss the case Thursday. So did the U.S. Attorney's Office in Charlotte. While federal documents first linked Sullivan to Clark's death, federal prosecutors left it to Learner to file the murder charge and seek the death penalty. Why? Capital cases have a far easier path in the state courts. Learner must only decide if a case warrants the maximum punishment. Now, he must persuade a jury of Sullivan's guilt and, secondly, that he deserves to die. Federal prosecutors don't have that leeway. They 1st must meet with a Justice Department death-penalty committee in Washington, D.C., which makes a recommendation on whether capital punishment is appropriate for the particular case. The final decision is left to the attorney general. 2 Charlotte-based prosecutors, Assistant U.S. Attorneys Beth Greene and Don Gast, went through the process in late February. They're believed to be seeking the death penalty against suspected Charlotte gang members Jamell Cureton and Malcolm Hartley who are accused in the murders of Doug and Debbie London. The FBI says Cureton ordered the hit on the couple to keep Doug London from testifying against him in a robbery case. Hartley, court documents say, gunned down the Londons at their Lake Wylie home in October 2014. The attorneys for the 2 defendants also were on hand in Washington last month. Charlotte lawyer Rob Heroy, who represents Hartley, says he met with up to 10 government lawyers for an hour to argue against the death penalty. He doesn't know what the government will decide. "There is some peace in the fact that we gave it everything we had," he said. One sobering note for Hartley: Prosecutors in Charlotte have successfully navigated the death penalty in a gang-related case before. In 2010, Jill Rose, now U.S. Attorney, put the 1st member of MS-13 on death row for opening fire in a Greensboro restaurant in 2007, killing 2. In the Londons' case, Greene and Gast may have the added advantage of arguing that the gang members murdered to subvert justice. Sullivan? A North Carolina jury hasn't sent a murder defendant to death row for 2 years. The state hasn't executed anyone for a decade. But the teenager's case may challenge both streaks. John Bailey Clark's killing may not have gang ties. But Learner will argue to jurors that it has something even more disturbing. It has ISIS. (source: miamiherald.com) SOUTH CAROLINA: Avenging Angel? A look at 5 of Donnie Myers' more memorable death penalty cases During his 40-year career, Donnie Myers never shed a tear for the killers he tried, 28 of whom he convinced juries to send to death row - some of them twice after the defendants won new trials or sentencing hearings. "When I get into court, I don't even want to give that person (a killer) a bottle of air to breath from," Myers once told a reporter in 1990. No prosecutor in South Carolina has tried more death penalty cases than Myers. And he quickly drew nicknames like "Doctor Death" and "Death Penalty Donnie" for pursuing the death penalty frequently and frequently getting a jury to agree with him. Myers announced last week he won't run again for the position of 11th Circuit Solicitor, bringing an end soon to an era of sometimes over-the-top courtroom theatrics and creative legal tactics designed to convince 12 people to vote for the ultimate punishment. Death verdicts must be unanimous. Myers' career as a prosecutor bridged the 1970s, 1980s, 1990s and 2000s - a time when support for capital punishment and the practice of executing convicted killers rose and fell. Over the years, Myers succeeded in getting some of South Carolina's most depraved and dangerous - such as serial killer Larry Gene Bell, who kidnapped at random a young girl and a young woman - into the electric chair. Bell's random snatchings of Shari Faye Smith, 17, and Debra May Helmick, 9, and the later discovery of their bodies in Lexington County, had terrorized the Midlands during the summer of 1985. Bell was executed in 1996. But Myers' 3 dozen-plus death penalty trials have resulted in few executions. A look at his statistics, compiled by Justice 360, the Columbia-based death penalty monitoring and defense group, shows that from 1977 to the present, Myers: -- Won 39 death sentences against 28 defendants. (Some defendants were tried twice.) -- Of those 28 defendants, only 6 have been executed. -- 7 of the 28 are still on death row. -- 12 were eventually given life sentences. -- 2 died on death row. -- 1, Joseph Ard, was released after the charges against him were reduced to involuntary manslaughter and he was given credit for time served. At the time of his original sentencing, in 1996, Ard was the 1st person sentenced to death in South Carolina for a killing involving a fetus. Most of Myers' death cases and subsequent rulings on appeal are noteworthy, either because of the killer's notoriety, or the legal precedents set. Here's a look at 5 of Myers' more memorable cases and their appeals, including the most recent - last week - when a federal judge excoriated Myers for using racist language to inflame the jury that sentenced Johnny Bennett to death. THE STATE V. BENNETT. On Wednesday, U.S. Judge Richard Gergel of Charleston vacated Bennett's death sentence, saying Myers used offensive, racist language to secure a death penalty conviction in 2000 before an all-white Lexington County jury. Myers "made multiple statements clearly calculated to excite the jury with racial imagery and stereotypes," Gergel wrote in his order. Bennett had been convicted of murder and armed robbery in the 1990 death of Benton Smith, who was stabbed more that 70 times with a Phillips-head screwdriver. Specifically, Gergel wrote, Myers called Bennett - a 6-7 African-American weighing 300 pounds - "King Kong," a reference to the giant black movie ape, and also presented evidence showing the black defendant had a relationship with a blond, white female prison guard. In his ruling, Gergel noted that a slice of white culture in America has a "long and ugly history of depicting African-Americans as monkeys and apes. ... King Kong, as vividly depicted in the (movie) studio's promotional literature, involved a giant ape who escaped from captivity, kidnapped a white woman and went on a murderous rampage." Myers' use of such language before an all-white jury was "a not so subtle dog whistle on race that this court cannot and will not ignore," Gergel wrote. "The Solicitor made multiple statements clearly calculated to excite the jury with racial imagery and stereotypes." Gergel's ruling was remarkable for its pages devoted to American racial discrimination and civil rights history. Gergel also included an exhibit rarely seen in dry judges' rulings - a photo of a movie poster for King Kong, clutching a white woman in his hand. Myers on Friday said in an email he sent to The State newspaper that before the case had come before Gergel, the S.C. Supreme Court and a circuit judge each had on 2 previous occasions upheld Bennett's death sentence. "We are requesting the Attorney General's office to immediately appeal (Gergel's) order," Myers' statement said. THE STATE V. KELLY. In this case, the U.S. Supreme Court in 2002 overturned the 1996 death sentence of William A. Kelly, ruling that at his trial, the judge in the case refused to tell the jury that if it gave Kelly a life sentence, he could not be paroled. Kelly had killed a pregnant woman, Shirley Shealy, by stabbing her, slashing her throat and then robbing her. Studies have shown that juries who know that a convicted killer will get life without parole are less likely to impose a death penalty. This case, and a later law passed by the S.C. General Assembly, finally stopped the practice in South Carolina courtrooms that allowed the judge and the prosecutor deliberately to let a death penalty jury wrongly assume that a vicious killer might be paroled in 20 or so years. Kelly is now serving a life sentence in the S.C. Department of Corrections. THE STATE V. FINKLEA. In this case, one of Myers' most vivid courtroom stunts was found to be legal by the S.C. Supreme Court. The case involved Ron Finklea, who had been convicted of robbing an ATM and in the process, shooting a security guard, dousing him with gasoline and setting him on fire with a lighter, killing him. At trial, during his death penalty argument, Myers held out a large, match-shaped, metal fire-starter before the jury and ignited it, saying, "Gasoline pouring on another human being and the fire, the fire, the burning. When you're cooking sometimes and you touch the stove ... and you touch that hot thing or you're grilling, whooo, oh, it hurts, it's painful." Over defense protests, the high court approved Myers' use of flicking a lighter to make his point during the jury argument. Finklea remains on death row. His appeals are pending. THE STATE V. NORTHCUTT. In this 2007 decision, the S.C. Supreme Court overturned the death sentence of Ron Northcutt, who was convicted of the 2001 killing of his infant daughter, Breanna, by beating her to death because she would not stop crying. In his argument to the jury seeking death, Myers had, among other over-the-top actions, inflamed the jury "by producing a large black shroud and draping it over (a) baby's crib," the Supreme Court ruled. Myers then wheeled the crib from the courtroom in a staged funeral procession and also improperly told the jury they would "declare open season on babies in Lexington County" if they did not give Northcutt the death penalty. After another sentencing trial, Northcutt was sentenced again to death. He is now on death row. THE STATE V. QUATTLEBAUM. Myers drew a sharp reprimand from the S.C. Supreme Court for unethical conduct when one of his assistant solicitors eavesdropped on a defense attorney's legally protected, confidential conversation with Robert Quattlebaum, who was charged with murder and armed robbery. "Prosecutors are ministers of justice and not merely advocates," the Supreme Court wrote in overturning Quattlebaum's 2000 death penalty sentence. "The participation at trial of a prosecutor who has eavesdropped on the accused and his attorney tarnishes us all. We will not tolerate prosecutorial misconduct ...," the high court's majority opinion said. Myers did not directly participate in the eavesdropping, but when he found out about it, he did not ensure that his office disclosed the action to defense attorneys. A supervising attorney, such as Myers, must make sure his subordinates choose ethical actions, the high court said. Quattlebaum is now serving a life sentence. DEATH PENALTY DECLINE EXECUTIONS DROP NATIONWIDE. Nationwide, in 2015, there were only 29 executions - the lowest number since 1991, according to the National Death Penalty Information Center. AND IN SC. Across South Carolina, courts have only imposed the death penalty twice in the past 5 years. ON HOLD. Currently, the S.C. Department of Corrections is unable to get the lethal drugs necessary to carry out executions, even if one were to be ordered by the state Supreme Court. South Carolina has not held an execution since 2011. (source: The State) LOUISIANA: Death penalty costs taxpayers a bundle When it comes to the death penalty, Louisiana can't seem to keep up. Michael Wearry just became our 58th death row inmate to have his conviction overturned since 2000. Over the same period, Louisiana juries handed down just 54 new death sentences. Death row will become depopulated if this goes on. Not, however, for quite some time, because we still have 79 under sentence of death at the Louisiana State Penitentiary at Angola and two at the Louisiana Correctional Institute for Women. One way we hardly ever reduce the numbers is by carrying out an execution. We have managed only e since 2000, and it might have been w if Gerald Bordelon had not declined to appeal in 2010. Meanwhile, 4 condemned men have died of natural causes. The condemned know that old age will probably get them first; they wouldn't give a hoot about air conditioning on death row if they expected to be dispatched any time soon. Wearry will get a retrial now that the U.S. Supreme Court has ruled that Louisiana prosecutors worked the old dipsy doodle at his trial by hiding exculpatory evidence. That's the usual story in Louisiana, but, of the preceding 57 who had their convictions reversed since 2000, 7 were flat-out exonerated, either having charges dismissed or winning acquittal the 2nd time around. Louisiana's largely pointless pursuit of the death penalty costs taxpayers dear, since they must pick up the tab not only for the prosecution but also for the defense when defendants cannot afford to hire lawyers, which most of them can't. Since prisoners sentenced to death also cost much more to maintain than lifers, thanks to extra security and legal costs, the state loses out at every turn. How much money has gone down the drain is impossible to say, but it would make a dent in the state's budget deficit. That deficit is so severe that the states' indigent defender boards, many of which are already in such dire straits that they are refusing cases, face further drastic cuts in state aid. As State Supreme Court Chief Justice Bernette Johnson warned legislators the other day, the miscarriages of justice that will inevitably result will drain the treasury even further as convictions are overturned and fresh trials ordered. Every capital case costs a fortune, even if prosecutors don't pull any dirty tricks and the verdict holds up. But since we lack the will to execute the guilty, anyway, and since experience shows that death row inmates might well be innocent, the case for abolishing the death penalty is overwhelming. It won???t happen any time soon. The death penalty may be regarded as a barbarous anachronism in the rest of the civilized world, but America is always happy to be exceptional. And although capital punishment represents a colossal waste of money we don't have, the evidence is no match for the myth that it is cheaper than life imprisonment. Any legislator will oppose capital punishment only if he is ready to retire from politics. Louisiana is hardly alone in botching capital punishment. Nationwide last year, 5 death row prisoners were exonerated. Now, under the aegis of the Constitution Project in Washington, a group of prosecutors, prison officials and cops hopes to improve "the administration of the death penalty in America and to help policymakers explore alternatives to it." The group cites such familiar problems as "disparities in the application of capital punishment along racial, gender and geographic lines," and the "impact of protracted appeals on victims' families." Its members' main cause of "apprehension," however, is "the prospect of executing an innocent person." As veterans of the criminal justice system, they can vouch for its fallibility. Chances of "executing an innocent person" can only grow stronger as Louisiana's indigent defender offices are stretched even thinner. But wherever capital punishment is in force, the wrong guy is bound to get it from time to time. The only sure way of preventing that is obvious, but the death penalty is here to stay. We're just never going to get it right. (source: James Gill, The Advocate) ARKANSAS: Condemned killer allowed to resume appeals----In a 4-3 decision, the court reversed a Polk County circuit judge's ruling that Karl Roberts, now 48, was mentally competent to make a knowing and intelligent decision to waive his appeal rights. A death-row inmate who waived his right to further appeals in the killing of a Polk County girl and said he wanted to be executed was not mentally competent to make that decision, a divided Arkansas Supreme Court ruled Thursday. In a 4-3 decision, the court reversed a Polk County circuit judge's ruling that Karl Roberts, now 48, was mentally competent to make a knowing and intelligent decision to waive his appeal rights. Roberts was convicted in 2000 of capital murder and sentenced to die in the 1999 killing of his 12-year-old niece, Andria Nichole Brewer. Roberts confessed to raping and strangling the girl, whose body was found in a wooded area near Mena. The case was automatically appealed to the Supreme Court, which upheld Roberts' conviction. In 2003, Roberts told a judge he wished to waive further appeals and wanted to die for his crime. But in January 2004, hours before he was to be executed, Roberts changed his mind and authorized his attorneys to appeal his conviction and sentence. A judge stayed the execution. A Polk County circuit judge declined to reopen the case, so Roberts' lawyers appealed to the state Supreme Court, which in February 2013 sent the case back to circuit court for a new mental evaluation. In December 2014, Polk County Circuit Judge J.W. Looney ruled that, based on the new mental evaluation, Roberts was competent to make a knowing and intelligent decision when he waived his right to further appeals. In oral arguments before the Supreme Court last month, an attorney for Roberts told the justices that Roberts is actively psychotic and schizophrenic, hears voices talking to and about him, and has delusions that people are conspiring against him and spying on him. In its majority opinion Thursday, the Supreme Court said Roberts is entitled to withdraw his waiver of his appeal rights and pursue new appeals in circuit court. "The evidence before the circuit court evinces that it is undeniable that Roberts suffers from schizophrenia, that these symptoms of his psychological disorder clearly impact his ability to choose between life and death and to knowingly and intelligently waive his appeal rights," the court said in an opinion written by Justice Rhonda Wood. The majority also said it would refer to its Committee on Criminal Practice the question of whether post-conviction proceedings should be mandatory and not subject to waiver in death-penalty cases. Justice Courtney Goodson wrote in a dissenting opinion that she would have upheld Looney's ruling that Roberts knowingly and intelligently waived his appeal rights. "The circuit court had the first-hand opportunity to observe Roberts and to assess the credibility of the expert witnesses. On this record, the circuit court could well conclude that Roberts understands the choice between life and death and that his decision to waive further review is knowingly and intelligently made," she wrote. Chief Justice Howard Brill wrote in a separate dissenting opinion that the case was not properly before the Supreme Court. He said Looney did not include specific findings of fact in his order and that "the majority engages in fact-finding that is within the exclusive province of the circuit court." Justice Paul Danielson joined in Brill's dissent. (source: Stuttgart Daily Leader) KENTUCKY: Prosecutors File Death Penalty Notice In Clark County Shooting Clark County prosecutors say they plan to seek the death penalty if 4 suspects in a woman's shooting death are convicted at trial. The Winchester Sun reports prosecutors notified Clark County Circuit Court during a status hearing last week. 21-old Christopher Robinson is charged with murder, 1st-degree burglary and 2 counts of 1st-degree assault in the December 2014 shooting at a Winchester apartment complex. 19-year-old Lillian Barnett, 19-year-old Aaron Stailey and 21-year-old Lamont Wilkerson are indicted on charges of complicity to murder, burglary and assault. Police say shots were fired when the 4 went to the apartment. A bullet went through the floor and into an apartment below, killing 19-year-old Amber Caudill. ? The defendants are set for trial in May, although a motion is pending to try them separately. (source: Associated Press) CALIFORNIA: Controversy remains in death penalty case 12 years ago, I was sent to San Quentin State Prison to cover a scheduled execution for Kevin Cooper, who was convicted of murdering 3 members of a Chino Hills family, and their young friend, in 1983. The youngest member of the family, then 8, had his throat slit but survived. I was on the prison grounds that night when we received word, just hours before Cooper was to die by lethal injection, that it would not happen. I couldn't see them from my vantage point, but I learned there were hundreds of protestors gathered outside the gates. Among them was the Rev. Jesse Jackson, who had led rallies in Southern California calling for the execution to be delayed. Jackson also showed up in San Diego, where the trial was moved decades earlier because of intense publicity in San Bernardino County. Now, as California wrestles with whether executions can resume, the American Bar Association has weighed in on Cooper's request for clemency. Association President Paulette Brown sent a letter to Gov. Jerry Brown last week asking him to grant an "executive reprieve" until an investigation to further evaluate Cooper's guilt or innocence is completed. "Specifically, the ABA is greatly concerned that, although Mr. Cooper has exhausted all of his legal appeals, evidence has emerged in the more than 30 years since his arrest that continues to cast doubt on his conviction and that has never been comprehensively examined by any court," the letter reads. The execution was stayed in 2004 after a federal appeals court granted a request for a review of issues raised by Cooper's lawyers. 5 years later, the court upheld the conviction, but in a dissenting opinion, 5 judges suggested he may be innocent based on questions surrounding the mishandling and testing of evidence. Others, including a San Diego federal judge in 2005, have said there was overwhelming evidence pointing to Cooper's guilt. San Bernardino District Attorney Mike Ramos posted a message on his Facebook page saying he was "disgusted" by the ABA president's comments. Brown said in her letter that the ABA takes no position on the death penalty, but has "a strong interest in ensuring a fair and accurate justice system." I take no position on the death penalty either, but I am curious to see whether Cooper will again receive an execution date at San Quentin. And I wonder, this time, who will be waiting outside the gates? (source: Dana Littlefield, San Diego Union-Tribune) **************** Bar seeks clemency for Kevin Cooper With claims of racial bias, police misconduct, evidence tampering and poor-quality defense counsel, the president of the American Bar Association sent Gov. Brown a letter Monday asking for clemency for convicted murderer Kevin Cooper in the slaying of 4 people in Chino Hills more than 30 years ago. Mr. Cooper sits on death row in San Quentin State Prison. He was convicted 2 years after the 1983 murders of Doug and Peggy Ryen, their 10-year-old daughter Jessica, and neighbor Chris Hughes, 11. The Ryen's 8-year-old son Joshua survived the attack despite a slashed throat. Paulette Brown wrote the letter asking the governor for an executive reprieve for Mr. Cooper "so that there can be an investigation to fully evaluate his guilt or innocence." "We recommend that this investigation include testing of forensic evidence still available to be analyzed to put to rest the questions that continue to plague his death sentence. This is the only course of action that can ensure that Mr. Cooper receives due process and the protection of his rights under the Constitution," Mrs. Brown wrote. Gov. Brown had not commented on the letter by Champion press time Friday. 4 months ago, the U.S. Ninth Circuit Court of Appeals reversed an earlier court ruling declaring California's death penalty unconstitutional, giving the state the right to continue executions. A clemency petition for Mr. Cooper was filed in February. In the years since the murders, evidence has emerged that casts doubt Mr. Cooper's conviction, evidence that has not been comprehensively examined in court, Mrs. Brown wrote. She admitted that only a small percentage of questions have gone unanswered in Mr. Cooper's case, but asked the governor to ensure a full investigation before an execution is scheduled. (source: championnewspapers.com) USA: All the Things the Bible Wants to Execute You For----All the GOP delegates declaring homosexuality a biblical sin punishable by death should tread carefully - and not gather any sticks on the Sabbath. With the race for the GOP nomination reaching an unruly sprint, politicians are looking to court the evangelical vote. This means demonstrating that their platforms are consistent with Biblical values. Just this past week footage emerged of Ted Cruz stumping at the National Religious Liberties Conference in Iowa. He was there looking for support from the conference's organizer, pastor-cum-radio-host Kevin Swanson. In introducing Cruz, the "next candidate for the office of the President of the United States," Swanson remarked that in "Romans Chapter 1 verse 32 the Apostle Paul does says that homosexuals are worthy of death." Swanson's support for the death penalty for homosexuality might play well to his audience. But there are other crimes that also warrant the death penalty, though these seem less popular among delegates these days: 1. Disobeying one's parents. According to Deuteronomy, if a man disobeys his parents they should take him to the elders of the city, denounce him as a glutton and a drunkard, and then everyone should stone him to death. 2. Gathering sticks on the Sabbath day. When the Israelites were in the wilderness, they found a man gathering sticks on a Saturday. They brought him to Moses, who was unsure what to do with him. The word came down from on high that the man should be put to death, and the entire congregation stoned him outside the camp. This appears to have been an isolated incident, but just in case avoid gathering firewood or carrying pencils on the Sabbath. 3. Sexual relations with your in-laws. The penalty for sleeping with both a mother and her daughter is that all of them should be burned to death. Interestingly, sleeping with your daughter-in-law or stepmother incurs the more ambiguous punishment of you being put to death. Sex with your aunt or sister invokes social alienation, but not the death penalty. 4. Attending Hogwarts. According to Leviticus 20:27 "Any man or woman who is a medium or wizard shall be put to death." Stoning is the specified method of execution. Sorry, Harry. 5. Kidnapping. Anyone who kidnaps someone should be put to death, regardless of whether or not the victim is still in their possession. Bad news for those involved in human trafficking and espionage. 6. Taking the Lord's name in vain. Anyone - whether they are a local or an under-informed foreigner - can be stoned to death for taking the Lord's name in vain. Blasphemy against the Holy Spirit continues to be a serious sin in the New Testament: it is described in the gospel of Matthew as the only sin that will not be forgiven. 7. All kinds of extramarital sex. Sex with animals, adultery, sex with a woman who is betrothed to someone else, and sex with someone while betrothed to someone else all warrant the death penalty. For men, sex with slaves was probably the safest option, but for women the situation was always dire. If a woman is found not to be a virgin on her wedding night, then the entire town gathers at the entrance to her father's house and stones her to death. 8. Worshipping other gods. If there's one theme that emerges from reading the Hebrew Bible, it's that God doesn't like it when you worship other gods. When the whole people cheat, he allows them to be conquered by a foreign land. But when you do it solo you're looking at the death penalty. These regulations are just those warranting the capital punishment. There are many others - sporting tattoos, wearing blended fabrics, and cooking steak in butter - that are also forbidden, but carry lesser penalties. Every one of these regulations, as tough as it is, can be understood in the context of ancient Near Eastern society and culture in general. Part of that context meant that crimes were settled between the families of the victim and the perpetrator. There's some debate about how regularly the death penalty was actually implemented. In most cases it seems that the family of an accused murderer could pay a settlement (a ransom) for the life of the accused. Oddly, none of these regulations get trumpeted at Ted Cruz rallies. Ann Glover, the last woman hanged for witchcraft, in Boston, died in 1688. And, so far as I know, no one in the U.S. has ever been executed for gathering sticks on the Sabbath. If Swanson and Cruz want to replace American law with the book of Leviticus, they should be sure they really know what that involves. (source: thedailybeast.com) From rhalperi at smu.edu Sun Mar 20 17:02:09 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Sun, 20 Mar 2016 17:02:09 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 20 PHILIPPINES: Cebu debate: Duterte, Poe favor return of death penalty----Why are they in favor of bringing back death penalty? Davao City Mayor Rodrigo Duterte says it's for cases involving drugs, while Senator Grace Poe says it's for heinous crimes During the second "Yes or No" segment of the Cebu presidential debate on Sunday, March 20, only Davao City Mayor Rodrigo Duterte and Senator Grace Poe raised their hands when asked who among the candidates were in favor of bringing back the death penalty in the Philippines. The "Yes or No" segment - a last-minute addition in the second presidential debate organized by the Commission on Elections - asked candidates about various issues, after which they would raise their hands if they were in favor. Candidates were not allowed to explain their stand, but both candidates were able to say a few words to explain their vote: drugs for Duterte, and drugs and heinous crimes for Poe. The death penalty was abolished in 1986 when President Corazon Aquino took over the reins of power from Ferdinand Marcos. It was reintroduced by President Fidel Ramos in 1993, then suspended again in 2006. The 1st question during the "Yes or No" segment was whether the 4 presidential candidates present were in favor of divorce. None of them raised a hand after the question was asked. (READ: Cebu presidential debate: All candidates against divorce) The Visayas leg of the presidential debates mounted by the Comelec with media partners TV 5 and Philippine Star started past 6:30 pm, or one and a half hour later than planned. Aside from Duterte and Poe, Vice President Jejomar Binay and former Interior Secretary Manuel Roxas II also attended Sunday's debate. Senator Miriam Defensor Santiago skipped the event for health reasons, but she is open to death penalty for drug traffickers, according to a tweet on her official Twitter account. (source: rappler.com) ISRAEL: Death penalty for terrorists?----Ministerial committee set to discuss controversial proposal. Bill would remove barriers to executing terrorists convicted of murder. The Ministerial Committee for Legislation is set to discuss on Sunday a controversial proposal from former Foreign Minister Avigdor Lieberman that would enable courts to sentence convicted terrorists to death. Lieberman, who made a campaign slogan promising the death penalty for terrorists, proposed the bill last year. If passed, the legislation would enable military courts to sentence terrorists convicted of attacks "intended to kill citizens for political, national, religious, or ideological purposes." The law would also require only a majority, rather than a unanimous decision, to sentence terrorists to death. It would also prohibit reducing the sentence once it has been finalized. The Ministerial Committee meets every Sunday to discuss pending legislation and to determine the government's official position on specific bills. The Committee can either vote to affirm or deny the proposal government support, which would obligate all coalition members to vote in favor of the bill, all but assuring its passage. The Israel Democracy Institute blasted the proposal, calling upon the Committee to reject it on Sunday. In a 5 page statement the IDI argued that permitting the death penalty would put Israel in company with some of the world's most undemocratic regimes and biggest human rights offenders like China, North Korea, Iran, Iraq, Saudi Arabia, and Yemen. Israeli law currently includes the death penalty, but judicial barriers have prevented its use since the execution of Adolf Eichmann in 1962. (source: Israel National News) AFGHANISTAN: #Farkhunda: Hundreds protest in Kabul 1 year after execution of innocent woman Activists have gathered in Kabul to mark the 1 year anniversary of Farkhunda Malikzada's death by staging protests and putting on a play which relived Malikzada's execution. A monument was also unveiled in front of the Kabul River in memory of the 27-year-old who was beaten by a mob of mostly young men, set alight and then thrown into the river. Hundreds of Afghans gathered to support justice for Ms Malikzada, wearing masks bearing her bloodied face, and to fight for greater protection of women who often suffer oppression and abuse in Afghanistan. "Farkhunda is our conscience. We are all Farkhunda," protesters shouted. "It is our enemies who burned you." In a very dramatic spectacle, a theatre troupe re-enacted the deadly attack which included a young woman taking on the part of Ms Malikzada and being hit and thrown around the stage by fellow actors. The shrine to honour Ms Malikzada, an Islamic studies student, features a clenched fist at its highest point and cell phones are now banned at the shrine as well as the adjacent mosque. The busy street where Ms Malikzada was killed has also now been unofficially renamed "The Martyr Farkhunda Street" with an accompanying sign made by local carpenters and blacksmiths after her death. Protesters also planted a tree at the site where Ms Malikzada was burned. Earlier this month Afghan President Ashraf Ghani ordered the re-opening of Ms Malikzada's case just days after the country's highest court upheld the reduced sentences for the men convicted of her murder. The court vacated the death penalty in 4 cases and reduced the prison sentences of 9 other defendants convicted. Ms Malikzada's public murder was sparked by allegations she had set fire to the Koran but authorities later claimed there was no evidence she ever did so. (source: ABC news) BANGLADESH: Qamrul asked to provide fresh explanation, next hearing on Mar 27----Food Minister Qamrul Islam has been asked by the apex court to provide fresh explanations over his remarks on appeal hearing of war crimes convict Mir Quasem Ali. Qamrul and his colleague Liberation War Affairs Minister AKM Mozammel Huq appeared before the Supreme Court on Sunday. The court found Qamrul's explanation not good enough and told him to provide a fresh one. The 7-member bench led by Chief Justice Surendra Kumar Sinha has fixed Mar 27 for the next hearing and asked the ministers to appear before it on that day. The Cabinet members had been pulled up by the top court's full bench for their remarks made at a roundtable on Mar 5. In compliance with an earlier court order, the ministers appeared before the court on Sunday and explained themselves through their lawyers. Both of them, however, had already apologised and sought the court's forgiveness for their remarks. Barrister Rafique Ul Huq and advocate Abdul Baset Majumder represented the ministers in court on Sunday. The Cabinet members had to stand on the dock for about 5 minutes after the court began proceedings at 9:15am. They were later allowed to sit down after their counsels pleaded to the court. Speaking at a discussion on Mar 5, Qamrul had called for a new bench that, in his view, should exclude the chief justice to hear Mir Quasem's appeal. Justice Sinha's displeasure at the work of the International Crimes Tribunal???s investigators and prosecutors in the war crimes cases, including Mir Quasem's one, had been seen by the minister as a 'broad hint' that the war criminal's death penalty might not be upheld. Minister Mozammel had also criticised the chief justice at the same programme. Their remarks had led to a furore in the media and social networking sites, prompting the Ganajagaran Mancha to suspect a 'conspiracy' to save the Jamaat-e-Islami leader. Leaders of the BNP as well as Mir Quasem's chief counsel Khandker Mahbub Hossain had described the ministers' comments as 'interference in the judiciary's independence'. While Attorney General Mahbubey Alam urged all to refrain from commenting on the sub-judice matter, Law Minister Anisul Huq and Commerce Minister Tofail Ahmed even refrained from commenting on their colleagues' remarks. Media reports said Prime Minister Sheikh Hasina at the Cabinet meeting on Mar 7 had made it clear that the ministers' remarks did not represent the views of her government. On Mar 8, the top court delivered the verdict in the case, upholding former Al-Badr leader Mir Quasem's death sentence, for his 1971 war crimes, handed down by the International Crimes Tribunal in November 2014. Before the verdict was pronounced, the nin9-member full appeals bench issued an order summoning Qamrul Islam and Mozammel Huq to appear before it on Mar 15. The court said their comments had "undermined the dignity and prestige of the Supreme Court and the office of the chief justice"; It also issued a notice asking why legal action would not be taken against them for their comments and told the ministers to respond by Mar 14. Mozammel appeared before the court on Mar 15 while Qamrul's lawyer appealed for more time as his client was out of the country on an official trip. The court had then fixed Mar 20 for the hearing. (source: bdnews24.com) MALDIVES: Maldives pres says death penalty only way for stability----Implementing death penalty will only bring stability and harmony to the Maldives, President Abdulla Yameen Abdul Gayoom said Saturday. At the closing ceremony of the third symposium on training campaign leaders for his re-election, President Yameen said his government's aim is to bring peace and harmony to the society. That cannot be achieved only through legislation, he added. "Why are some people so fond of taking the life of another person? Why should there be space for that? We don't want that to happen," the president said, at the ceremony held at the Dharubaaruge convention centre in capital Male. The president's comments follow a series of new rules and regulations adopted by the authorities to implement capital punishment and is currently drafting a law on death penalty. High Court had in November annulled the clause giving the president power to grant clemency to convicts on death row. The Supreme Court had issued new guidelines recently allowing death sentences and public lashing rulings issued by lower courts to be appealed automatically at the High Court. In a circular, the Supreme Court said if the defendant fails to appeal death sentences and public lashing verdicts within 10 days, the court that had initially issued the verdict should forward the relevant documents to the High Court. The appellate court would have seven days to notify both the defendant and the prosecution of the appeal and during that period should take the necessary steps to begin appeal proceedings, it added. The new rules follow similar guidelines issued by the apex court in November. The Supreme Court issued new guidelines on November 8 giving a month-long window for the last chance to appeal death sentences and public lashings backed by High Court. According to the guidelines, if a defendant fails to appeal a High Court verdict in favour of death sentences and public lashing rulings within a 30-day period, the appeal can then only be filed at the Supreme Court by the prosecution. The guidelines, included in a circular signed by Chief Justice Abdulla Saeed, did not specifically mention sentences of death and public lashing. However, it says that High Court rulings that need to be reconfirmed by the Supreme Court had to be appealed within 30 days, including public holidays. Under local laws, the only sentences that need to be reconfirmed by the Supreme Court are death sentences and public lashing verdicts. Judicature Act earlier granted a 90-day period, excluding public holidays, to appeal rulings by any court. However, the Supreme Court had in January 2015 annulled that clause and issued new guidelines under which rulings issued by lower courts had to be appealed at the High Court within 10 days and appeal over High Court verdicts needed to be filed at the Supreme Court within 60 days Meanwhile, the government has included funds in the state budget for this year to establish an execution chamber at the country's main prison to carry out the death penalty. Government had, meanwhile, adopted a new regulation in 2014 under which lethal injection would be used to implement the death penalty. However, over mounting pressure from human rights bodies, companies have been refusing to supply the fatal dose to countries still carrying out capital punishment. Home minister Umar Naseer had earlier said the correctional service would be ready to implement the death penalty by the time a death sentence is upheld by the Supreme Court. Meanwhile, the government announced on November 16 that it was in the process of drafting legislation on implementing death penalty. Attorney General Mohamed Anil told reporters that the bill being drafted by his office would expand on the already existing regulations on death penalty. The bill would include procedures on conducting murder investigations, filing charges in such cases and conducting proceedings in murder cases, he added. There are around 10 people on death row at present, but none of whom has exhausted the appeal process thus far. (source: haveeru.com) INDONESIA: Death Penalty Execution for Drug-Related Convicts to Continue This Year----Several drug-related convicts who are on death row will be executed this year. The Indonesian government is firm in its stance of upholding the drug penalty law for convicted drug traffickers. This year, the government will send to the gallows several Indonesian nationals who are on death row for drug trafficking. This is according to Coordinating Minister for Political, Law and Defense Affairs Luhut Binsar Pandjaitan. The minister, however, did mention the number of inmates who are going to be executed and he also did not identify them. "This year it will be implemented (death penalty) to Indonesian nationals," Minister Luhut Pandjaitan said in his 1-hour public lecture at Institu Teknologi Bandung (ITB) on Friday (18/3) as reported by Tempo.co. He was commenting on the government's past decisions to delay the execution of drug inmates in response to their new claims of innocence. In April last year, shortly after the execution of 8 drug traffickers including an Indonesian nationals, a well-placed official at the Attorney General's Office said the government was making plan to send to the gallows 5 death row prisoners. But, he did not say whether they were drug traffickers. Meanwhile, in January of last year, 6 drug-related death-row prisoners including 5 foreign nationals, went to the gallows. (source: globalindonesianvoices.com) From rhalperi at smu.edu Mon Mar 21 09:56:04 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 21 Mar 2016 09:56:04 -0500 Subject: [Deathpenalty] death penalty news----PENN., VA., N.C., FLA., KY. Message-ID: March 21 PENNSYLVANIA: 3 trials possible in 'random' killing spree that hit Allentown, Easton 3 men accused of carrying out a random, 1-night killing spree last July across the Lehigh Valley could each get his own separate trial. At a hearing in Lehigh County Court last week, attorneys for Todd West, Kareem Mitchell and Robert Jourdain asked to sever their client's case from any codefendants. Prosecutors did not oppose the motion. West, 23, of Elizabeth, N.J.; Mitchell, 23, of Newark, N.J.; Jourdain, 20, of Easton, are charged with multiple counts of homicide in the deaths of 22-year-old Kory Ketrow of Easton and Allentown residents Francine Ramos, 32, and Trevor Gray, 21. Police said the men conspired to kill the victims in the early morning hours of July 5. West was the triggerman, police said, Jourdain allegedly bought the bullets at an Easton-area Walmart, and Mitchell is accused of driving the getaway car. The defendants also face attempted murder charges for allegedly shooting at a couple driving their car in Easton on the morning of the killings. West and Jourdain are also charged with 3 knifepoint robberies in Allentown the next day. Police said there is no known motive for the slayings. The trials are still several months away. Judge James T. Anthony on Friday heard evidence on several pretrial motions, including requests to throw out statements Mitchell allegedly made to police about his involvement in the homicides. Jourdain's attorney, Christopher Shipman, is seeking to bar jurors from hearing phone calls his client made from the Lehigh County Jail to a female companion. Shipman on Friday argued that prosecutors' use of his client's phone calls violates Jourdain's constitutional rights, even though inmates are informed that their phone calls are monitored and recorded. The judge will listen to the taped calls and view a video of Mitchell's interview with Allentown police detectives before ruling on the motions. The three men were arrested within a day of the slayings, after the white Mercedes sport utility vehicle they allegedly used in the shooting spree was found outside an apartment building at 404 Hamilton St. in Allentown, across the street from the city police station. Detectives said West admitted shooting the victims and said he heard voices in his head during the crimes. At a prior hearing, Allentown police Detective John Brixius testified that West believed the devil was speaking to him and urging him to kill people. West's lawyer, Robert Sletvold, previously said his client's mental health will be evaluated before trial. The trio is being held without bail in the Lehigh County Jail. Though the first slaying occurred in Easton, Northampton County prosecutors stepped aside from their case Oct. 6, agreeing that their counterparts in Lehigh County should handle all 3 of the homicides. Prosecutors are seeking the death penalty for West. Jourdain and Mitchell face life sentences if convicted. West is also charged in New Jersey with shooting 4 men to death and wounding a 5th last year in Elizabeth. Another pretrial hearing in the case is set for June 27. (source: Morning Call) VIRGINIA: 'No More Ricky Grays'----A juror in the Harvey family murder case speaks out 10 years later Last Wednesday, the day Ricky Gray was to have been executed, Risa Gomez started her day as she has many in this 10th year since the murders: struck by sorrow. Hers is a particular kind of sadness, one so complicated and shot through with contradiction that it is hard for her to articulate, and so she rarely does. Her sister knows. So do her friends. Other than that, there is no easy way to say, I was a juror for the Harvey family murders. For 5 days in August 2006, I saw images I will never unsee and heard testimony I will forever remember. A 28-year-old man kills his wife. 2 months later, on New Year's Day 2006, he invades a home and kills a couple and their young daughters. 1 child is in 3rd grade; 1 is in preschool. He and his accomplice steal 2 laptops and a wedding ring. They take homemade cookies and set the house on fire. To this day, the murders of the Harvey family - Bryan, Kathryn, Stella and Ruby - cannot be looked upon directly. They are too painful. Not a week later, this same man, Ricky Gray, and his accomplice kill another man and his wife and her daughter, the Tucker-Baskerville family. Gray was brought to trial for the Harvey murders. His accomplice would plead guilty to the murders of the Tucker-Baskervilles, and will live out the rest of his days in prison. In the jury room during the penalty phase of Gray's trial, the jurors made 5 columns, 1 for each count against him. For each count, they voted L or D. Life or death. D, D, D, D, D, Gomez voted. Other jurors could not come to that decision. The testimony about the physical and sexual abuse Gray's family said he experienced as a child stayed with them. "I am waiting for God to speak to me," Gomez remembers 1 juror saying. "Well, God has spoken to me," she remembers replying. They agreed to a death sentence in the murders of the 2 children, and life in prison for the other counts, killing more than one person at a time, killing someone during a robbery and killing more than one person in 3 years. And 10 years pass. In the intervening years, Gomez says there is rarely a day that she does not think of the family, and, of late, their killer. Gray's appeals drag on. Imagine pulling a trigger and waiting a decade for the bullet to strike. A lot changes in that time. Gomez had only lived in the city for 4 years when she received her jury summons. In the decade since, Gomez, who works for a brokerage firm, has become invested in Richmond. She has come to love it, and to see how interconnected this city-town is -- how paths cross, how actions have ripples that seem to go on forever: the random killing of a family, the abuse of the child who grow up to be the man who would kill that family. She has come to understand how grievous a wound it was that Gray inflicted upon the city, but also to have some empathy for the wounds inflicted upon him. Empathy is not the same as excusing him for his actions. She does not. "You have to take responsibility for your actions at some point." Gomez says she did not have an easy childhood herself, but she had her older sister to guide her. Still, in the last several years, she has learned a lot about childhood trauma. Through her volunteer work for TEDxRVA, she has learned about programs that help reduce prison recidivism, that provide mentors, that keep troubled youth out of jail and that work to reform the juvenile justice system. She says that some of those program leaders will be speaking at next month's TEDx event and, if it were up to her, the entire thing would revolve around how to support and nurture youth whose lives are marked by trauma. She would connect all the dots between us and the Harveys and Gray. She would plead for everyone to support these organizations, to mentor a child, to take all the grief and anger unleashed 10 years ago and turn it into something healing. "I want to get up on stage and shout, 'No more Ricky Grays,'" she says. "He didn't have a chance. He was 28 when he committed his crimes. He already had spent 1/3 of his life in jail. He had a broken family. He was sexually abused. He had all this pain and rage and he inflicted it upon the city. "You see how much pain he caused. You read it in the comments every time there is an article. You read it in faces of people who knew the Harveys. I would like to think that at some point there was a tipping point for him, a point where he could have taken a different path with positive reinforcement or a program or a person." She thinks about a photo of Gray as a boy that surfaced during the trial. He was wearing a white sailor suit and matching hat. Gomez cannot help but think that if someone had gotten to him then, things may not have turned out as they did. She was among the first jurors called. Gray was there. She didn't know who he was. The prosecutors asked: Are you willing to impose a sentence of life in prison? Yes, she said. Are you willing to impose the death penalty? Yes, she said, thinking it would depend on how heinous the crime was. She had no idea. She will never forget the autopsy reports. She will never forget the prosecution's cross-examination of Gray's sister: You suffered the same abuse as he, but you didn't go out and hurt people. "Only myself," the sister replied. Or Ryan Carey, the young Arlington man whom Gray and his accomplice attacked before they killed the Harveys. Carey could not lift his hand to take the oath to tell the truth because the knife damage the pair had inflicted upon him had maimed him. And she remembers the explanation of the levels of privilege that Gray would be able to earn in prison if he behaved. She could imagine him sitting in an inmate lounge one day watching TV. "He had been in prison 1/3 of his life. He kind of showed he excelled at prison. That's what kept going through my head. This is his lifestyle. This is what he is used to. A life sentence isn't punishment." Gomez has never spoken publicly about the case. To her knowledge, none of the jurors have. She wrestled with whether to speak now, but was seized with a sense of urgency as Gray's scheduled March 16 execution date neared. The Fourth U.S. Circuit Court of Appeals granted him a stay so the Supreme Court could decide whether it will hear his case. If it does not, he will be executed and people will call it closure, when, in reality, she says, it never ends. "It all still happened and it could happen again if we don???t intervene. That's what I want people to realize. We all should be doing some part, making some effort to make a positive impact on someone else, no matter how small or seemingly insignificant it seems, because it is all going to come back to you." This is the complicated nature of her sorrow. A feeling that comes close to regret battles with her resolve that she did the right thing and that the right thing wasn't good enough. "I mean, it's just living with my decision," she says. "That was the decision I made. No matter what reassurances you get from friends and family or in recalling the horror of it all, you still ..." Her eyes well with tears and she shakes her head "You know, there are no winners." This, too, is the complicated nature of her sorrow: She used to live in the Fan, just down the street from Fox Elementary, where Stella Harvey was a student. Gomez would go home for lunch and walk her little dachshund, and when she passed the school, the girls would flock to the fence to pet him through the chain link. A few weeks after the trial, when she was walking her dog past Fox, a memory flooded back: Girls dashing to the fence, cooing over the dog, and 1 child calling back, "Stella, Stella come here." And Gomez wonders if, on that day, Stella Harvey petted her dog. She stands there, outside the school, suspended in a moment between what was and what will never be, and she weeps. (source: Richmond Magazine) NORTH CAROLINA: Funeral Service Held Saturday for Darryl Hunt The community paid its respects this weekend to Darryl Hunt. The 51-year-old spent 19 years in prison for a murder he didn't commit, before DNA evidence secured his release. Hunt then devoted his life to justice, specifically for others who were wrongfully convicted. The people who knew him best say we can celebrate his life and contributions by keeping his legacy alive. "The biggest memorial we can make to Darryl is to pursue the things that he thought was important: to oppose the death penalty, support people coming out of incarceration, to fight against false accusations, and to learn much more about the criminal justice system that encapsulates so many people," said Dr. Carlton A.G. Eversley. After finding Hunt dead last weekend, police said he shot himself. (source: Time Warner Cable News) FLORIDA: Shelby Farah murder trial resumes Monday in Jacksonville Celllphone store clerk Shelby Farah's 2013 slaying shocked Jacksonville to its core. And a sharp debate continues between the State Attorney's Office and the Public Defender's Office on whether the trial of James Xavier Rhodes should be a death penalty case. Farah's mother, Darlene Farah, and State Attorney's Office prosecutor Bernie de la Rionda disagree that the death penalty should be sought for defendant Rhodes. Rhodes shot and killed Shelby Farah, 20, during a 2013 robbery of the Northside MetroPSC store at 3100 N. Main St. N. where she worked. Darlene Farah has asked as recently as this month that the death penalty not be applied in this case. Public Defender Matt Shirk asserted in a letter to State Attorney Angela Corey last month, "Mrs. Farah has been particularly vocal concerning her opposition to your office's decision to seek the death penalty for her daughter Shelby's murder." If the death penalty is pursued, Shirk asserts, "this case will continue to be litigated for the next 20 or 30 or 40 years. I believe that with every motion, petition or appeal filed on Mr. Rhodes' behalf, she will relive the pain and loss she has felt since losing Shelby." The Farah family has been mourning for 2 years and 7 months since her slaying. It's still fresh in her mother's consciousness. Part of the reason why, Farah says, is that in recent days, "I have seen the video of my daughter getting killed repeatedly. "James Rhodes didn't take away 1 life. He took away many lives. Our lives will never be the same. My life will never be the same," Farah said Sunday. Such statement usually help make the case for a maximum penalty. Farah, however, calls it "pathetic that people are trying to use my daughter's death for their [political] benefit." Her blunt take on the case is that many parties have political agendas that are taking priority over her and her family's needs. "The days before court dates," Farah said, are "pure hell" at her house. Indeed, during the 31 months since her daughter's death her mind has continually been occupied with it. They are months that have torn the family apart. The kids have a hard time being at home where their sister's absence remains an open wound, she said. Meanwhile, she said, the case has driven a wedge between her and her son. Farah, a Jacksonville native, opposes the death penalty in this case, saying that the "state failed ... raised and created James Rhodes." He had been a ward of the state since his parents abandoned him at age 5. He received physical and sexual abuse in a boys' home. Farah's son supports the death penalty in the case. In spite of his mother's pleas with the SAO to not show him the video, it was done. Since then, she said, her son has not slept at home, and says that "he hates me" and "never comes home." "I can't help but feel like they are trying to play my son against me," she said. Despite her son's position on capital punishment, Farah said that if Shelby were alive "she'd be trying to help James Rhodes." "Everybody always called Shelby the peacemaker," her mother said. There is little peace in the Farah home, and hasn't been in the past 31 months. Farah tells of cooking Christmas dinner and the children decided not to be around to eat it. Dinner went into the garbage. Meanwhile, for Darlene Farah, the worries pile up. Her son, years ago, was making trips to visit college football programs. Played multiple positions at Cedar Creek High. Ran a 4.6 40. "He's so smart," Farah added. "Always got perfect FCAT scores." Now? He's dropped out of high school. Drinks more. And his mother frets. "My son's going to end up in a morgue or a prison," Farah said if things don't turn around. "I done buried one child. I don't want to bury another," Farah said. The trial resumes Monday morning in Courtroom 503 in the Duval County Courthouse. Long after final sentencing, though, the trial will continue for the Farah family. (source: floridapolitics.com) *************** The death penalty is never simple or easy No sooner had the Florida Legislature smoothed out the latest legal wrinkle in Florida's capital punishment law than the state Supreme Court gave us an odd illustration of how hard it is to execute even the most horrible, clearly guilty killer. In the last week of its session, the House and Senate sent Gov. Rick Scott a bill requiring a jury vote of 10-2 to recommend death, before a judge can impose the ultimate sentence. The new bill also removes the judge's ability to override a jury recommendation of life and impose death in capital cases. It wasn't the Legislature's idea. The U.S. Supreme Court had ruled, on opening day of the session last January, that Florida's 2-stage process of juries first determining guilt, then life or death, was unconstitutional. There was no question that the law would get fixed, only some argument over whether to require unanimous jury recommendations. So less than a week after the Legislature sent its work product to Gov. Rick Scott, the Supreme Court unanimously affirmed the sentence of a man who got to death row without a jury recommendation. The death "recommendation" was unanimous - not from a jury, but from himself. In fact, he wanted to get to death row. He killed his cellmate 7 years ago for the precise purpose of getting there. He cooperated in his own conviction and told his court-appointed counsel to butt out. "James Robertson pleaded guilty to a charge of 1st-degree murder, waived the right to a jury recommendation on sentencing and did not object to, contest or rebut the state's evidence and argument for a sentence of death," the Supreme Court's unsigned ruling said, in its 1st sentence. Robertson fashioned a garrote out of some socks at the Charlotte Correctional Institution and waited until the guards made their half-hourly cell check. Then he strangled his sleeping cellmate, Frank Hart, who had not done anything to provoke him. Robertson, 45 years at the time, had been in prison for 28 years. He grew up in world of poverty and violence, committed his 1st felony before his 18th birthday and committed some offenses behind bars. He faced another 30 years in prison, if he hadn't killed Hart. So he decided to qualify for a death sentence by killing his cellmate. Perhaps wanting to add aggravating circumstances, he attacked a Charlotte County jail officer with a homemade weapon in 2011, drawing an added charge of attempted murder. With such a wasted, pointless, violent life, it's almost possible to feel sympathy for Robertson. Almost. If he'd used the socks to hang himself, it would have been a tragic, fitting end to his miserable existence. But instead, he decided to have the state do it for him. Robertson turned down a plea deal that would have resulted in a life sentence for Hart's murder. A psychiatrist and psychologist examined him and decided he was not insane, and was competent to stand trial. He waived his right to a penalty phase hearing and presented no mitigating evidence. His trial court found that Robertson was already a violent felon, that he was in prison at the time of Hart's murder for a violent offense, that the murder was "especially heinous, atrocious or cruel" and carried out in a "cold, calculated and premeditated manner without pretense of moral or legal justification." What more do you need? Well, a lot, in our system. After they try the killer, they try the trial. Once they prove he did it, and deserved to die, they have to prove they proved it the right way and that the punishment fit the crime. There are some 390 condemned killers on death row. Almost all of them profess their innocence, mounting decades-long legal arguments for a new trial or life sentence. Yet, here's a guy who says he not only did it, but did it for the sole purpose of being executed. And it???' taken 7 years to get the Supreme Court's 23-page ruling affirming his sentence. That Robertson has had appointed lawyers fighting, without his cooperation, to keep the lethal needle out of his arm is a tribute to the justices' thoroughness. The courts respect the law and the process even when the defendant doesn't. It would feel good to put Robertson out of his misery, like a wounded wolf, and maybe that would be justice. But even a fitting outcome has to be done with due process of the law. (source: Bill Cotterell is a retired Democrat reporter who writes a twice-weekly column----Tallahassee Democrat) **************** Appeals court rules in favor of Fla. death penalty law Florida's new death-penalty sentencing process should apply to prosecutions that were already underway when the new law went into effect this month, a state appeals court ruled Friday. The 5th District Court of Appeal also decided that a U.S. Supreme Court decision, in a case known as Hurst v. Florida, did not strike down the state's entire death penalty as unconstitutional, but instead overturned the procedure for imposing death sentences. But because the issues "involve questions of great public importance," a 3-judge panel asked the Florida Supreme Court to decide whether the Hurst decision declared that the state's death penalty is unconstitutional and if the new law applies to cases already in the pipeline before the new sentencing process went into effect March 7. In a Jan. 12 ruling, the U.S. Supreme Court found that Florida's system of giving judges, and not juries, the power to impose death sentences was an unconstitutional violation of defendants' Sixth Amendment right to trial by jury. The 8-1 U.S. Supreme Court decision dealt with the sentencing phase of death-penalty cases after defendants are found guilty, and it focused on what are known as aggravating circumstances that must be determined before defendants can be sentenced to death. A 2002 U.S. Supreme Court ruling, in a case known as Ring v. Arizona, requires that determinations of such aggravating circumstances must be made by juries, not judges. The ruling left Florida temporarily without a death-penalty sentencing structure, prompting the Legislature to hurriedly pass a bill intended to fix the process. Gov. Rick Scott signed the bill March 7, and it went into effect immediately. Under Florida's new law, juries will have to unanimously determine "the existence of at least 1 aggravating factor" before defendants can be eligible for death sentences. The law also requires at least 10 jurors to recommend the death penalty in order for the sentence to be imposed, and it did away with a feature of the old law that had allowed judges to override juries' recommendations of life in prison instead of death. The Florida Supreme Court, which indefinitely put on hold 2 executions after the Hurst ruling, has been grappling with how or whether to apply the ruling to inmates already on death row. The questions posed Friday by the appellate judges are part of a process known as "certifying" questions to the Florida Supreme Court. Friday's ruling came in the consolidated cases of Larry Darnell Perry, accused of killing his 3-month-old son in 2013, and William Theodore Woodward, charged with murdering 2 of his neighbors in 2012. After the Hurst decision, Perry and Woodward asked judges in their cases to bar prosecutors from seeking the death penalty. The judges agreed with the defendants' lawyers, who argued that, because there was no constitutionally permitted death penalty process in Florida at the time, the state could not pursue death sentences in the cases. But the appellate court on Friday sided with the state, saying that blocking the death penalty "impermissibly invades" the discretion of the state to seek the sentence. The appeals court also rejected arguments that the new sentencing law should not apply in the cases of Perry and Woodward because of a 1972 law that provides alternative sentences if the death penalty is deemed unconstitutional. The 1972 law, which required that all death sentences be converted into life imprisonment, came in response to a ruling in a case known as Furman v. Georgia that resulted in a nationwide moratorium on the death penalty. In the 10-page decision issued Friday, appeals-court Judge Richard B. Orfinger wrote that the Hurst ruling "struck the process of imposing a sentence of death, not the penalty itself." Orfinger, joined by judges Kerry I. Evander and F. Rand Wallis, also disagreed with the defendants' contention that the application of the new law to pending cases would amount to an "ex post facto" violation of the Florida and U.S. Constitutions. That constitutional problem would only arise if the new law retroactively altered the definition of crimes or increased the punishment for the crimes, Orfinger noted. While Florida's new law changes the process used to determine whether the death penalty will be imposed, it does not modify the punishment attached to 1st-degree murder, Orfinger wrote. "The new sentencing statute added no new element, or functional equivalent of an element, to 1st-degree murder. Hence, the changes to our capital sentencing procedures do not resemble the type of after-the-fact legislative evil contemplated by the ex post facto doctrine," he wrote. (source: Tampa Tribune) ************ Lawyers argue murder defendant's competency----Michael Finn is accused of stabbing his wife For the 2nd time in 5 months, a circuit judge is considering whether a Lakeland man who prosecutors said has admitted killing his wife is competent to stand trial. In a hearing Wednesday, 2 psychologists testified that Michael Finn, who was declared incompetent in October, is legally eligible to proceed with his criminal case. A 3rd psychologist said Finn meets the state's criteria for competency on 4 levels, but questions remain concerning his ability to assist his lawyers. Circuit Judge Jalal Harb has taken the motion under advisement. Finn, 46, was arrested May 9, 2015, after his wife, Kristen, called 911 when he threw a baseball at her and hit her in the face during an argument on their patio at 1263 Scottsland Drive in Lakeland. She told emergency operators her husband had attacked her before and was on probation, according to Polk County Sheriff's Office reports. During the conversation, operators heard her telling her husband to stay away, then she began screaming. When deputies arrived at the house, Kristen Finn, 34, was running from her husband, who was wielding a knife. Deputy Dennis Jones reported she looked as if she'd been stabbed several times. Jones ordered Michael Finn to drop the knife, and took him into custody. As he was being arrested, Finn told his 15-year-old daughter from a previous marriage "I should have killed her," according to Sheriff's reports. Kristen Finn died at Lakeland Regional Health Medical Center that afternoon, an hour after she called 911. After Finn was found incompetent to stand trial in October, he underwent treatment at Treasure Coast Forensic Treatment Center in Indiantown until late December, when staff psychologist John P. Mihalovich, who testified Wednesday, determined he was competent to stand trial. Finn was brought back to the Polk County Jail for further evaluation. Defense lawyers representing Finn said Wednesday his condition has deteriorated since his return to Polk County because of stresses at the Polk County Jail, and asked Harb to return him to Treasure Coast. Harb is expected to issue a written ruling. Prosecutors said they are seeking the death penalty against Finn, but have offered life imprisonment if he would plead to the murder charge. Assistant Public Defender Tonmiel Rodriguez declined to comment on the plea deal. (source: The Lakeland Ledger) KENTUCKY: Prosecutors want death penalty for 2014 Winchester shooting Clark County prosecutors say they plan to seek the death penalty if four suspects in a woman's shooting death are convicted at trial. The Winchester Sun reports prosecutors notified Clark County Circuit Court during a status hearing last week. 21-old Christopher Robinson is charged with murder, 1st-degree burglary and 2 counts of 1st-degree assault in the December 2014 shooting at a Winchester apartment complex. 19-year-old Lillian Barnett, 19-year-old Aaron Stailey and 21-year-old Lamont Wilkerson are indicted on charges of complicity to murder, burglary and assault. Police say shots were fired when the 4 went to the apartment. A bullet went through the floor and into an apartment below, killing 19-year-old Amber Caudill. The defendants are set for trial in May, although a motion is pending to try them separately. (source: Associated Press) From rhalperi at smu.edu Mon Mar 21 09:56:48 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 21 Mar 2016 09:56:48 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 21 UNITED KINGDOM/ETHIOPIA: Andy Tsege: Britain helps fund Ethiopian regime holding UK activist on death row----The UK Government is using taxpayers' money to bolster the Ethiopian security forces responsible for the imprisonment of a 60-year-old Briton facing the death sentence, it can be revealed. Human rights groups have condemned the British Government after using Freedom of Information laws to uncover the fact the UK is spending hundreds of thousands to fund a training centre run by the Ethiopian military. Andargachew "Andy" Tsege was arrested in Yemen in June 2014, while en route to Africa from the Middle East. The whereabouts of the father of three, from London, were unknown until weeks later when it emerged he had been imprisoned in Ethiopia. A death sentence was passed against Mr Tsege - an opponent of the Ethiopian government who fled to Britain as a political refugee in 1979 - after a trial held in his absence 6 years ago. His plight has been repeatedly raised with the Ethiopian government by British officials. But it has now emerged that the UK spent more than a million pounds subsidising security projects in Ethiopia while Mr Tsege has languished on death row. The funding has been given by the Foreign & Commonwealth Office (FCO) and the Ministry of Defence (MoD), through a Conflict, Security and Stabilisation Fund set up by the Government last year. Half a million pounds has been spent on a master's degree programme in "security sector management" and 546,500 pounds has been given to the Ethiopian Peace Support Training Centre, according to an FCO response to a Freedom of Information request. The UK Government refused to divulge details of a human rights risk assessment made prior to the funding being given, citing "the need to protect information that would be likely to prejudice relations between the United Kingdom and other states". Mr Tsege's partner, Yemi Hailemariam, mother of their 3 children, told The Independent: "Since Andy's disappearance, our family has been in agony - all we want is for him to come home. It's deeply worrying to think that, throughout all this, the UK is supporting the same Ethiopian security apparatus that has detained Andy. "We sincerely hope that the Foreign Office is using its close links to Ethiopia's government to secure Andy's release - rather than supporting his kidnappers." Maya Foa, head of the death penalty team at Reprieve, said: "This funding raises potentially serious questions over the UK's approach to Ethiopia???s security forces - forces who were responsible for the kidnap and rendition to Ethiopia of British national Andy Tsege in June 2014." Kevin Laue, legal advisor at the human rights charity Redress, said: "Instead of demanding his release and return, the UK Government appears to be bolstering the capacity of the Ethiopian security services - the very institution behind this continuing travesty of justice." This comes amid mounting concern over the welfare of the 60-year-old father of 3. In an analysis of a transcript from a visit by British officials to Mr Tsege at Ethiopia's notorious Kaliti prison last December, Dr Ben Robinson, a psychiatrist at South London and Maudsley NHS Trust, said the Briton's mental health "has declined precipitously since being detained in Ethiopia". David Cameron is under increasing pressure to intervene. The Prime Minister is planning to visit Ethiopia later this month. Labour leader Jeremy Corbyn, who is Mr Tsege's local MP, said: "I have written to the Prime Minister asking him to demand his unconditional release. It is completely unacceptable that a British citizen should be treated in this way by a state that purports to be a respected member of the international family of nations." In a statement last night, a Government spokeswoman said: "The Foreign Secretary again raised Mr Tsege's case with the Ethiopian foreign minister, in person on 13 February, making it clear the way he has been treated is unacceptable. They added: "Separately, we support training courses that are designed to give members of the Ethiopian military an improved range of skills in non-combat areas while they serve on regional peace missions that are vital to UK interests." Background: 'Ethiopia's Mandela' Andargachew "Andy" Tsege has been desecribed as Ethiopia's Nelson Mandela by campaigners and suporters, including Clive Stafford-Smith, the director of Reprieve. The head of an opposition movement called Ginbot 7, he came to Britain as a political refugee in 1979. In June 2014, while he was on route from Dubai to Eritrea, he disappeared during a stopover in Sanaa, Yemen. 2 weeks later, it emerged that he had been arrested by the Yemeni authorities on the basis of a security agreement between Yemen and Ethiopia. Mr Tsege had been transferred to Ethiopia, and remains in prison there. 6 years ago, at a trial held in his absence, Mr Tsege was given sentenced to death for allegedly plotting a coup and planning to kill Ethiopian officials - claims he has denied. (source: The Independent) SOMALIA: Somali Female Journalist Killers Sentenced to Death 2 Al shabaab members who have been convicted of murdering a female Somali journalist have been sentenced to death by the military tribunal of Somalia on Sunday. Liban Ali Yarow, the chief of Somali military court said evidence brought in support of the case showed that they had execution role of Hinda Hajji Mohamed, female journalist killed in car bomb on 3rd December, 2015. Hinda who worked for the state media has been killed in a bomb attached under the seat of her private car which exploded out Turkish embassy building in Mogadishu's KM4 area. Abdirisack Mohamed Barrow, 28, and Hassan Nur Ali Farah, 37, were sentenced to death penalty, after the court has found them guilty of all charges against them, according to Judge Yarow who announced the verdict. 4 other co-conspirators have been sentenced to jail terms, 2 of them life in imprisonment by the Somali military tribunal for their role of the journalist murdering. 1 - Mo'allin Mohmed Abukar Ali, 42, born in middle Shabelle region of southern Somalia was sentenced to life time jail. 2 - Mo'alin Mohamed Sheikh Yusuf, 56, born in Mudug region, central Somalia has been sentenced to life in prison. 3 - Ali Hassan Aden Tooni, 40, born in Ethiopia was sentenced to 15 years in prison. 4 - Muheyadin Osman Mohamed Awale, 22, was sentenced to 10 years of prison term. Early this month, the court has sentenced Hassan Hanafi, Al shabaab journalist to death for planning the deaths of 5 media workers who were killed in Mogadishu between 2007 and 2011. (source: All Africa News) BANGLADESH: B'desh SC orders ministers to appear again in contempt case Bangladesh Supreme Court Sunday ordered 2 senior ministers to reappear next week over their "contemptuous comments" against the judiciary made in reference to the appeal hearing of a major 1971 war crimes convict. A larger bench of the apex court headed by Chief Justice Surendra Kumar Sinha rebuked food minister Quamrul Islam and liberation war affairs minister AKM Mozammel Huq over their comments and ordered Islam to submit a fresh explanation, calling his clarification 'not appropriate', court officials said. "This (apex) court will not hesitate to pass any order for protecting the constitution, caring little how much powerful you (ministers) are," a visibly angry Chief justice said. Sinha added: "This court is not an organ of the government... You have not only belittled the chief justice but also defamed the entire judiciary with your arrogant comments." Earlier today, the 2 ministers submitted their explanation over the comments and sought unconditional apology. The apex court accepted Huq's clarification but ordered his appearance again along with Islam on March 27. In an unprecedented move on March 8, the Supreme Court had summoned the 2 senior ministers to clarify their "contemptuous comments" criticising Sinha over the appeal hearing of a major 1971 war crimes convict, Jamaat-e-Islami leader Mir Qashem Ali. The apex court on the same day upheld Ali's death penalty and ordered the two ministers personal appearance. Speaking at a discussion on March 5, Islam had called for a re-hearing of Ali's appeal excluding the chief justice as he had earlier questioned the investigators efficiency in collecting evidence against the accused. "Through a comment of the chief justice in the court, we have realised what verdict will be delivered in the case. We have realised that there is no scope for awarding the death penalty (to the convict)," the food minister had said. Haque supplemented him at the same function saying the chief justice should not be a part of the appeal hearing process against Ali. Prime Minister Sheikh Hasina had last week snubbed the 2 ministers for "embarrassing" the government through their comments and said the government did not own their "private comments". (source: Business Standard) PAKISTAN: Tensions rise over Asia Bibi Demands for Asia Bibi's execution are rising in Pakistan after the execution of an Islamic militant hero, Voice of the Martyrs Canada (VOMC) reports. Extremist Mumtaz Qadri was executed on February 29, 2016, after assassinating Punjab Govenor Salmaan Taseer in 2011. Taseer was one of Bibi's biggest supporters, ridiculing Pakistan's blasphemy laws, under which she is being held, and advocated for her release. Qadri was seen as a hero among Islamic militants. When he was executed, explosive demands for Bibi's hanging started. Intelligence reports have found Islamist groups plotting to have her killed in jail for vengeance. At Qadri's funeral, a group of about 150,000 supporters gathered on the streets of Rawalpindi. Many were chanting for Bibi's death. The Express Tribune cites a statement from Islamabad's Lal Masjid who called on the government to kill "the blasphemer Asia Bibi as soon as possible and not bow to international pressure." VOMC reports the government is keeping her safe despite the calls for her quick execution. Security has been tightened, Bibi is in isolation and is cooking her own food so no one can poison her food. The guards keeping watch have been assessed by intelligence agencies to make sure they are not extremists. "Calls for her speedy execution have increased the risk to her life," says Bibi's lawyer, Saiful Malook, who expressed concern over her safety. As demands rise, Bibi desperately needs prayer. Pray for her safety, for her faith in Christ to stay strong, and for her family's trust in God to stay strong. Also pray for the protests to stop. Bibi was found guilty for blasphemy in 2010 after an argument with a Muslim woman who accused her of contamination of water by drinking out of it. Blasphemy is not a subject taken lightly by the Pakistani government who sentences those who are guilty to the death penalty. Bibi has been on death row since her conviction. (source: Mission Network News) MALDIVES: Maldives prosecutors defend death sentence on MP murderer Prosecutors defended the death sentence handed to Hussain Humam over the brutal murder of former Ungoofaru MP Dr Afrasheem Ali, as the Supreme Court began Monday the last stage of appeal in the high profile murder case. Humam was found guilty of the MP's murder and sentenced to death in January 2015. He later appealed the sentence. High Court had on September 7 upheld the death sentence handed to Humam. The prosecutor general's (PG) office had in November forwarded the case to the Supreme Court to initiate the final stage of appeal after Humam failed to appeal the sentence against him within the appeal window. ? Regulations on death penalty that came into effect in 2014 require the prosecution to exhaust the appeal process -- the High Court and Supreme Court -- even if the convict wishes to not file for appeal. In the 1st appeal hearing Monday, prosecutors told the Supreme Court that sentence is in line with all the requirements of the death penalty under Islamic sharia law. The court asked the prosecution to provide a point-by-point detail of their argument, but gave time till the next hearing to prepare it. Defence lawyer Abdulla Haseen, meanwhile, told the court that he had not yet received the full report of the verdict from the High Court. Chief justice Abdulla Saeed, who is heading the bench presiding over the 1st case of its kind, told Haseen that it was his responsibility to obtain the report from the High Court. A request by Haseen for more time to prepare his defence was also denied. Humam, clad in prison uniform, was escorted to Monday's hearing by prison guards. He, however, did not speak. Afrasheem was found brutally stabbed to death on the stairway of his apartment building in October 2012. Criminal Court had acquitted Ali Shan of Hicoast in Henveyru district of Afrasheem's murder. There are around 10 people on death row at present, but none of whom has exhausted the appeal process thus far. If Humam's sentence is upheld by the apex court, he would be the 1st of the inmates on death row to have completed all the 2 stages of appeal. Authorities had pledged to implement the death penalty after the exhaustion of the appeal process. (source: haveeru.com) From rhalperi at smu.edu Mon Mar 21 14:38:15 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 21 Mar 2016 14:38:15 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, N.C., ALA. Message-ID: March 21 TEXAS----impending execution Texas Man Convicted in Killing of City Worker Set to Die Attorneys for a death row inmate from North Texas who shot to death a city employee who was taking photos of junk piled up at his family's property say their client is delusional and should not be executed because of his mental illness. Adam Ward insists he was defending himself 11 years ago when he killed code enforcement officer Michael Walker outside the Ward family home in Commerce, about 65 miles northeast of Dallas. Ward, 33, is set for execution Tuesday evening in Huntsville. "This man charged up and tried to attack me," Ward said recently from a visiting cage outside death row. "Long story short, my case is a case of self-defense, but there are cops there in that town that have tampered with evidence, they have removed evidence, they have added evidence to the scene." Ward's lead trial attorney and court documents describe him as delusional. In a videotaped statement to police following his arrest, Ward said he believed Commerce officials long conspired against him and his father, described in court filings as a hoarder who had been in conflict with the city for years. Evidence showed the Ward family had been cited numerous times for violating housing and zoning codes. Ward's attorneys have asked the U.S. Supreme Court to halt the execution, renewing arguments that he is severely mentally ill and contending that his execution would be unconstitutional because of evolving sentiment against executing the mentally ill. The high court has ruled that mentally impaired people may not be executed. State lawyers say courts have nevertheless not exempted mentally ill offenders from the death penalty. Evidence of Ward's delusions, paranoia and bipolar disorder was presented at his 2007 trial and resurfaced in earlier unsuccessful appeals. The Supreme Court last October refused to review Ward's case. Witnesses said Walker was taking pictures from the perimeter of the Ward property on June 13, 2005, when they got into an argument. Ward, who had been washing his car, sprayed the city worker with water from a hose. Dennis Davis, Ward's trial lawyer, says the code officer told Ward that he was calling for back up, and in Ward's mind this meant police were on their way to kill him. "He had no idea that was the exact wrong thing to say to that person," Davis recalled last week. Walker pulled out his cellphone, made the call and waited near the back of his truck. Ward went inside the house, emerged with his gun and started firing. Walker, 44, was shot 9 times. "Whenever you've been harassed, you take preventative measures if you have to," Ward told The Associated Press from prison, repeating testimony he gave at his trial that he believed Walker was armed. "I was matching force with force, when this man had pulled a gun on me and he pointed it at me and was fixing to shoot me, which is self-defense." No evidence showed Walker carried a gun and Ward's trial lawyers never raised the issue. "When I stepped in front of the jury, I said, 'I'm not going to be so callous and look you in the face and say my client didn't kill this man,"' Davis said. "He killed him but you have to understand why. These delusions he has caused the situation." Jurors rejected defense arguments for a life sentence. Ward would be the 9th convicted killer in the U.S. to receive lethal injection this year and the 5th in Texas, the nation's most active death penalty state. (source: Associated Press) NORTH CAROLINA: State to pursue death penalty in killing of delivery driver In a hearing Monday, the state said it will pursue the death penalty against Jeremy Alexander Carter. Carter, 21, of 761 Chestnut St., is charged with 1st-degree murder in the Oct. 11 shooting death of 30-year-old Bakri Khidir Mohamed Khidir. Khidir was delivering food for Olivia's Italian Restaurant to 4224 Farlow Drive before he was shot. Khidir's employer drove to the house an hour later and found the deliveryman's body next to his car. Police would later say the delivery was made to a vacant house. Investigators found a receipt for the order on the front porch. A window was broken and the door to the house was unlocked, according to the search warrant. Khidir's colleagues provided police with a phone number from the order, which was traced to Carter, according to the document. The following day Carter denied his involvement in Khidir's death to police, but confirmed the telephone number was his, court records stated. Carter also acknowledged living at the house until May. (source: greensboro.com) ALABAMA: U.S. Supreme Court won't hear inmate's claim that Alabama's death sentence law is unconstitutional The U.S. Supreme Court today refused to review the case of an Alabama death row inmate who challenged the constitutionality of the state's death sentencing scheme in the wake of the court's ruling in January on a Florida case. Without issuing an opinion the U.S. Supreme Court denied a request by attorneys for Clayton Shanklin to review his challenge based on their ruling in Hurst v. Florida. It was the 1st Alabama death penalty appeal to reach the Supreme Court on this issue since Hurst was decided on Jan. 12, according to a statement from Alabama Attorney General Luther Strange. Alabama death row inmate Christopher Brooks had tried to use the Florida decision, among other arguments, to hold off his Jan. 21 execution. The U.S. Supreme Court, however, denied Brooks' appeals and he was executed. Attorney General Luther Strange said that the Supreme Court's decision to deny Clayton Shanklin's request, "establishes, yet again, that Alabama capital sentencing system is constitutional." "As I have previously explained, the Court's decision about Florida law in Hurst has no bearing on the constitutionality of Alabama's materially different capital sentencing system," Strange stated in his statement. "It is time for criminal defense lawyers to stop making specious arguments and for public officials to recognize that Alabama's capital sentencing is constitutional under current U.S. Supreme Court precedent." Alabama's sentencing scheme in death penalty cases is the same as Florida's, which was ruled unconstitutional last month by the U.S. Supreme Court, a number of Alabama defense lawyers are arguing to get death sentences barred in their cases. The ink was hardly dry on the U.S. Supreme Court's Jan. 12 ruling in Hurst v. Florida before lawyers around Alabama began filing motions seeking to bar the death penalty for their clients facing capital murder charges because of the similarities between the 2 states' capital punishment sentencing laws. Judges around the state have mostly denied the arguments of those defense lawyers. A few judges reserved rulings and only one, Jefferson County Circuit Judge Tracie Todd, has ruled that Alabama's death sentencing scheme is unconstitutional. Todd had heard arguments from lawyers for capital murder defendants Benjamin Acton, Terrell McMullin, Stanley Chatman, and Kenneth Billups. Strange announced March 10 that his office had filed a petition for a writ of mandamus asking the Alabama Court of Criminal Appeals to order Todd to vacate her March 3 order. Attorney General Luther Strange states the filing asserts the lower trial court has no power to prevent the state from seeking the death penalty. Strange said Florida's sentencing scheme is different. "In the Florida case, the holding is that a jury must find the aggravating factor in order to make someone eligible for the death penalty," according to Strange's statement. "Alabama's system already requires the jury to do just that. The jury must unanimously find an aggravating factor at either the guilt or sentencing phase - such as when the murder was committed during a robbery, a rape, or a kidnapping." Strange and local district attorneys have also noted previously that the U.S. Supreme Court specifically upheld Alabama's current system as constitutional in 1995. But a few current U.S. Supreme Court justices have stated in opinions that it might be time for the court to reconsider. Much of the criticism of Alabama's death sentencing scheme centers on a judge's ability to override jury recommendations for either death or life without the possibility of parole. The judges are elected, often on a platform of being tough on crime, critics say. Alabama, Florida and Delaware are the only states with such override laws, but judges in Alabama are the only ones in more than 16 years who have overridden jury recommendations of life without parole and imposed death penalties. Shanklin was convicted of capital murder and attempted murder, which he committed during a home-invasion robbery in 2009 in Cordova. A jury in Walker County Circuit Court recommended that Shanklin be sentenced to life-without-parole. But the judge sentenced Shanklin to death because of his long criminal history and the nature and circumstances of his crime, according to the attorney general. Shanklin, who is now on death row at Holman Correctional Facility, was convicted of 1 count of capital murder for killing Michael Crumpton during the course of a 1st-degree robbery, a 2nd count of capital murder for killing Crumpton during the course of a 1st-degree burglary, and one count of attempted murder in the shooting of Crumpton's wife on Oct. 11, 2009. According to court records Shanklin's girlfriend had gone into the Crumpton's apartment to buy marijuana while Shanklin waited in the car. Later Shanklin and his cousin, Kevin Shanklin, returned to the apartment to rob the Crumptons. Kevin Shanklin pleaded guilty and was sentenced to life in prison, plus 10 years. (source: al.com) From rhalperi at smu.edu Tue Mar 22 09:40:50 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 22 Mar 2016 09:40:50 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, N.Y., VA., N.C., FLA. Message-ID: March 22 TEXAS----impending execution U.S. Supreme Court considering whether to spare Texas man from execution----Supreme Court weighs whether to exectute man The U.S. Supreme Court was considering whether a Texas man who killed a city worker in 2005 should be spared from a lethal injection, as his lawyers argue that a ban on executing mentally impaired prisoners should be extended to him. Adam Ward's attorneys say he's delusional and should not be put to death because of his mental illness. His execution is set for Tuesday evening and would be the 5th this year in Texas and 9th nationally. Ward, 33, insists he was defending himself when he killed code enforcement officer Michael Walker, who was taking photos of junk piled outside the Ward family home in Commerce, about 65 miles northeast of Dallas. "Only time any shots were fired on my behalf was when I was matching force with force," Ward told The Associated Press last month from a visiting cage outside death row. "I wish it never happened but it did, and I have to live with what it is." Evidence showed the 44-year-old Walker had a camera and cellphone but no weapon. In a videotaped statement to police following his arrest, Ward said he believed Commerce officials long conspired against him and his father, described in court filings as a hoarder who had been in conflict with the city for years. Evidence showed the Ward family had been cited repeatedly for violating housing and zoning codes. In their appeal to the high court, Ward's attorneys renewed arguments that he is mentally ill and contended his execution would be unconstitutional because of evolving sentiment against executing the mentally ill. The justices have ruled that mentally impaired people, generally those with an IQ below 70, may not be executed. However, the court has said mentally ill prisoners may be executed if they understand they are about to be put to death and why they face the punishment. State attorneys, who said evidence showed Ward's IQ as high as 123, said the late appeal did not raise a new issue, meaning it was improper and without merit. They also disputed claims of changing attitudes about executing the mentally ill. Evidence of Ward's delusions, paranoia and bipolar disorder was presented at his 2007 trial and resurfaced in earlier unsuccessful appeals. The Supreme Court last October refused to review Ward's case. "It's frustrating, tormenting, it's depressing," Dick Walker, the father of the man killed, said Monday. "I believe in appeals. I really do. ... It shouldn't drag on for almost 11 years." Witnesses said Michael Walker was taking photos of the Ward property on June 13, 2005, when he and Ward got into an argument. Walker told Ward he was calling for assistance. Ward thought that meant police were on their way to kill him, Ward's lead trial attorney, Dennis Davis, said last week. "Mr. Walker walked into a hornet's nest and didn't know it," Davis said. Walker made the call and waited near the back of his truck. Ward went inside the house, emerged with a .45-calibre pistol and started firing. Walker was shot nine times. "I think the only thing he was there for was harassment," Ward said from prison. Dick Walker, an emergency medical technician when the shooting happened, was the first medic to arrive at the Ward property. He said he "had to intubate my own son on scene to save his life." He said he's spent years "getting rid of my anger" and in the last year prayed to forgive Ward for the slaying. Still, he believes the punishment is justified. "I do want him to get the sentence he was given by the jury, and he definitely deserves it," said Dick Walker, who planned to witness Ward's execution. (source: Associated Press) ************** Wife of Van Cliburn pianist charged with capital murder in death of daughters Police have charged the estranged wife of Van Cliburn piano competition winner Vadym Kholodenko with capital murder after she was found stabbed and her daughters were found dead last week in Benbrook, southwest of Fort Worth. Authorities believe Sofya Tsygankova, 31, killed her daughters and stabbed herself before her husband was scheduled to pick up his children for a regular visit. She is recovering at a hospital, where she's being held in lieu of $2 million bail, Benbrook police announced Monday. "We have probable cause, reason to believe that she committed the homicides," Benbrook police Cmdr. David Babcock said, adding that police collected physical evidence at the scene. Kholodenko, a Ukrainian pianist who performs with the Fort Worth Symphony Orchestra, called 911 Thursday morning after he found his daughters dead in their beds and their mother in an "extreme state of distress," police said. Police said his daughters Nika Kholodenko, 5, and Michela Kholodenko, 1, had no visible signs of trauma. Initial autopsy reports came back inconclusive, and toxicology results were pending, Babcock said. Babcock did not provide details about how they died, other than to say they suffered "homicidal violence." Police said Tsygankova had been held at John Peter Smith Hospital in Fort Worth for a "mental evaluation" before she was arrested. They said she will be transported to the Tarrant County Sheriff's Department when she's medically cleared. Police filed the cases with the Tarrant County district attorney's office on Monday. If convicted, Tsygankova could face the death penalty. A spokeswoman for the district attorney's office said Monday it was "too early to comment." Originally from Russia, Tsygankova worked as a professional pianist, like her husband, according to her bio. She's the sister of Russian dancer Anna Tsygankova, principal ballerina with the Dutch National Opera and Ballet. She and Kholodenko had been married for five years when they separated last year and filed for divorce, court records show. The documents cite a "discord or conflict of personalities" as grounds for the divorce. No protective order had been requested. Police said they had previously been called to the house, in the 6600 block of Waterwood Trail, near State Highway 183. But they declined to say what prompted those visits. Kholodenko became a Van Cliburn gold medalist in 2013, clinching the $50,000 award at age 26. The family moved to Texas the next year, the Fort Worth Star-Telegram reported. The Cliburn Competition, one of the premier classical-music contests in the world, is held every 4 years in Fort Worth. The next competition will be in 2017. Kholodenko had been scheduled to perform with the Fort Worth Symphony Orchestra over the weekend, but was replaced at the last minute. He said in a statement last week that "the loss of my children will be with me forever." "I feel the support of the Fort Worth community and all people who are sending me messages all over the world," he said. "Wherever I go after this tragedy my heart will stay with the people here of Fort Worth and my daughters will rest in this soil." (source: Dallas Morning News) ******************** U.S. Supreme Court refuses East Texas killer's death-row appeal The U.S. Supreme Court has refused to review an appeal from an East Texas man on death row for killing 2 men days apart during a crime trek across the state more than 14 years ago. The high court made no comment Monday in its decision on the appeal from 32-year-old Clinton Lee Young. The ruling upholds a federal appeals court's rejection last summer of arguments that Young had deficient legal help at his 2002 trial in Midland and that prosecutors improperly withheld evidence. Young, from Ore City in Upshur County, was convicted and condemned for the November 2001 fatal shootings of Doyle Douglas in Longview and then Samuel Petrey a day or 2 later in a Midland oil field after carjacking him in Eastland, about 53 miles east of Abilene. (source: Associated Press) NEW YORK: Murder of a child should be 1st-degree murder Murdering a child under the age of 12 would become a 1st-degree murder in New York, a crime punishable by death, at least in theory, under a bill introduced Monday by state Sen. John DeFrancisco. The state Senate passed a similar bill last year but it died in the Assembly without a vote. 1st-degree murder can result in a sentence of life in prison without parole. The death penalty is no longer legal in New York. In 1977, New York's highest court effectively struck down the death penalty for the murder of a police officer or a correctional officer, and a 1984 ruling struck down capital punishment for murders committed by inmates serving life sentences, effectively abolishing New York's death penalty. In 1995, then-Gov. George Pataki signed legislation reinstating the death penalty in New York, but that statute was declared unconstitutional by the New York Court of Appeals in 2004. 1st-degree murder, the most serious level of homicide in New York, is the charge now reserved for defendants accused of knowingly killing a police officer, corrections officer, judge, or firefighter. (source: syracuse.com) VIRGINIA----impending execution Please Stop the April 13th Execution of Ivan Teleguz, an Innocent Man An innocent man, Ivan Teleguz, is sitting on Virginia's death row for a crime he did not commit. The man who confessed to the murder of Stephanie Sipe is serving a life sentence, but the Commonwealth plans to execute Ivan on April 13th unless Governor McAuliffe intervenes. The Commonwealth of Virginia is about to execute an innocent man. We need to make sure Governor McAuliffe knows that there is too much evidence of Ivan's innocence to allow this execution to go ahead. Please join the call for the Governor to intervene. The government's case against Ivan was based on false evidence. 3 men said that Ivan hired Stephanie's killer. But 2 of those men have since admitted that they lied in court - and sworn under oath that Ivan was not involved. The 3rd, Michael Hetrick, confessed to killing Stephanie. He was offered a deal that spared his own life in return for saying that Ivan hired him to commit the murder. The prosecutor coerced the witnesses. The witnesses have sworn under oath that they gave false testimony at trial because of threats from the prosecutor and promises she made to improve their sentences. The prosecution tried to influence the jury by saying Ivan was involved in a made-up murder. At trial, the prosecutor argued that Ivan should be sentenced to death because he was involved in another murder in Pennsylvania, and was highly dangerous. It was later revealed that the testimony about the murder and the prosecutor's argument were completely made up - the murder never even happened. There is evidence that calls into question every part of the Commonwealth's case against Ivan. There is too much doubt for Governor McAuliffe to allow this execution to go ahead. Please help make sure he knows that The Commonwealth is about to execute an innocent man. Please help save an innocent man. Join the call for Governor McAuliffe to intervene. Visit ivansprayerforjustice.org to learn more about Ivan's case. see: https://www.change.org/p/ivan-s-prayer-for-justice (source: change.org) *************** Man pleads guilty to capital murder for 2011 killing in Halifax County A man is facing the death penalty after admitting to killing an 84-year-old woman nearly 5 years ago in Halifax County. James Lloyd Terry guilty pleaded guilty Monday to 5 charges in the murder of Charlotte Rice -- 2 counts of capital murder, 2 counts of sexual penetration, and one count of robbery. Charlotte Rice was found dead in April 2011.The guilty plea was not part of a plea agreement. Terry could receive the death penalty or life in prison without the possibility of parole. Prosecutors presented multiple graphic photos of the crime scene. They explained how a neighbor found Terry in Mrs. Rice's home near South Boston that night. After calling 911, police found Terry walking out the back door of her house. It was a packed court room Monday and family members were very emotional. "My emotions are everywhere. This has been a long 5 years. She did not deserve this," said the victim's niece, Judie Thompson. "You saw the pictures, it was so violent. She was such a wonderful lady." Family members say Rice knew Terry. He was her next-door neighbor at a previous home. A sentencing hearing for Terry is scheduled to begin May 31. It could last 4 days. (source: WDBJ news) ***************** Terry pleads guilty to brutal murder of 84-year-old ---- Niece: 'I've been in court more than 60 times in the last 5 years. and if he can get the death penalty, it would be worth every second of it' Judge Joel C. Cunningham will decide the fate of James Lloyd Terry, a 44-year-old Halifax resident who pleaded guilty Monday in Halifax County Circuit Court to 2 counts of capital murder and 3 related charges in connection with the death of 84-year-old Charlotte Osborne Rice in April 2011. Terry, clad in an orange jumpsuit, quietly nodded and answered "yes sir" to questions posed by Cunningham and admitted he was guilty of the capital murder of Rice while attempting to rob her; the capital murder of Rice while committing object sexual penetration; attempted robbery and 2 counts of object sexual penetration. 1 additional count of capital murder in the commission of object sexual penetration was dismissed pursuant to a court ruling on a previous defense motion, and another charge for burglary also was dismissed upon the commonwealth???s choosing. Tears flowed freely from Judy Thompson, the niece of Rice, and a courtroom full of friends and family when Terry admitted to the crimes against Rice. "It's nice to hear him say what we have always known, that he was guilty," said Thompson, who has sat in on every one of the more than 50 motions hearings in the 5 years since her aunt's death. "It doesn't change the outcome at all, but at least he admitted to the truth. "I've been in court more than 60 times in the last 5 years, and if he can get the death penalty, it would be worth every second of it." Terry entered his plea of guilty to all these charges without the benefit of a plea agreement from the commonwealth, according to special prosectors R. Bryan Haskins, Michael J. Newman and Petra B. Haskins. Judge Cunningham will determine whether Terry receives the death penalty or life in prison without the possibility of parole. Special Prosecutor Bryan Haskins in his summation of evidence said medical examiners would have been able to testify that in their opinion the cause of death of Charlotte Rice was repeated blunt trauma to the head. Doctors observed and itemized 13 significant findings of injuries to Rice???s head, according to Haskins, some of them not one but multiple clusters of injuries, including multiple prominent facial fractures and fractures to her jawbone on both sides of her face. 6 major findings of injuries to Rice's neck were documented during the autopsy, as were 10 different areas of injury to Rice's legs, arms, hands and feet, primarily bruising and scraping injuries. Finally, extensive evidence of violent sexual trauma was found and documented, caused by the forcible insertion of a blunt object, Haskins told the court, with the victim covered in her own blood, some of which was impact splatter blood caused by repeatedly striking someone while they were bleeding. The clothing worn by Terry and a ring he wore on the night of Rice's death were confiscated, with officers also swabbing the defendant's genital area and hands. A swab also was taken from Terry, as was a DNA sample from Rice. A DNA profile obtained from blood found on the swabs taken of both Terry's right and left hand matched the DNA profile of Rice, and the DNA profile obtained from the ring matched the DNA profile of Rice. Blood found on the outside front button area, the front right, back lower half and the inside of the left shoulder of the T-shirt taken from Terry matched the DNA profile of Rice, Haskins told the court. Blood found in the swab taken from the defendant's genital area containing a mixture of DNA was found to be 5 trillion more times likely to be a mixture of DNA from the defendant and Rice than from a mixture of the defendant and an unknown Caucasian person, Hakins summarized. Haskins entered into evidence 12 items that would have been the commonwealth's evidence should the case have gone to trial, including an eyewitness identification of Terry by neighbor Joe Taylor. Taylor found it unusual that Rice's door was unlocked when he went to check on her shortly before 9 p.m. the night of the murder, Haskins told the court. "As Joe was standing at the front door a black male backed partially out of what Joe knew to be Charlotte's bedroom," Haskins said. "The male said something to Joe, who was too startled by the sudden appearance of this man to remember what was said." Haskins told the court the man was nude from the waist up but could not tell if the male was wearing anything below the waist. South Boston Police received a 911 call at 8:56 p.m., according to Haskins, and they arrived at the scene 1 minute and 26 seconds later, with the officers and Taylor observing a black male walking from behind Rice's residence in a southerly direction. The special prosecutor continued, telling the court the officers caught up to the black male, who was wearing a white T-shirt which appeared to have blood on it. One officer saw Rice lying on the floor of her bedroom and said, "she was hurt real bad," according to commonwealth evidence. An EMT-trained employee of Regional One EMS doing a ride-along with one of the police officers went inside and found Rice lying on her side in her bedroom and discovered another neighbor kneeling over Rice and audibly praying for her. According to the evidence proffered by Haskins, the EMT believed he felt a very weak pulse on the victim's wrist and heard one "agonal" breath from her but observed no more breathing. Rice's purse was found in a chair in the bedroom, according to Haskins, and her wallet, which she normally kept in her purse, was unclasped but closed. An empty bank money envelope was found on the floor beside the bed between the purse in the chair and the wallet on the bed. Rice was wearing a "carelink" device when she was murdered but was not able to activate the device, according to Haskins. In acknowledging the commonwealth's "significant evidence of Terry committing this crime," Matthew Engle, an attorney and law professor at the University of Virginia assigned to the capital defense team told the court Terry "has come to this courtroom to accept full responsibility for this crime. Cunningham also noted the "substantial and overwhelming evidence" against Terry. "I can say with a great deal of confidence Mrs. Rice was murdered in a terrible manner," said Cunningham In pronouncing Terry's guilt. Thompson knows there's 1 last barrier to cross, a sentencing hearing set from May 31 through June 3, after which Cunningham is set to decide Terry's fate. "It's something I did not want to give up on," said Thompson. "I think when crimes are committed people get the verdict that they should get. "I think it's not just important in this case, it's important to the community, it's important to the state, and it's important to the next crime that comes around. "This could have been anybody's mother, it could have been anybody's aunt. "It just happened to be my aunt. It was violent, it was heinous, and I just don't know what kind of animal can do things like that. "Each time in court it's been the defense talking about him. "Now, we can talk about her. She was a wonderful person, and she was a lady of simple means, nothing frivolous, very frugal. "She had a way of making everybody feel as if they were the most special people in the world. "She was such a nice person, and she did not deserve this." (source: yourgv.com) NORTH CAROLINA: Defense tries to remove death penalty possibility in Hewitt case Defense attorney Robert Campbell made several motions Monday before Catawba County Superior Court Judge Nathaniel J. Poovey on behalf of his client, Everette Porshau Hewitt. Of these, 4 motions were attempts to remove the possibility of the death penalty being applied in the case of a guilty conviction. Hewitt, 34, of Claremont, is charged with 3 felony counts of murder, 1 count of attempted murder, 1 felony count of assault with a deadly weapon with intent to kill inflicting serious injury, 1 felony count of 1st degree burglary and 1 felony count of robbery with a dangerous weapon. Poovey denied 3 of the attempts to remove the death penalty. However, he decided that he would defer his ruling until Tuesday morning. The basis of this particular motion lays in multiple violations on the part of the prosecution. Poovey earlier ruled that the District Attorney's Office had violated the rules for the discovery phase of the trial. The defense had suggested a total of 7 different failures by the prosecution. Poovey denied only 2 of these. The discovery phase of a trial is when the defense receives evidence gathered by the state. Assistant District Attorney Shaun McGuiness acknowledged a few of the violations and pointed to the four delays the trial had previously. Police arrested Hewitt in 2011, and the trial is now scheduled for March 28. "There were other cases that I turned to," McGuiness said in court. Beyond the attempts to remove the possibility of the death penalty, the other motions focused on rules for the use of evidence, witnesses and jury selection. Campbell said to the court the motions were standard, and Poovey allowed them. The prosecution said Monday they will be making motions. There were only a few people attended the hearing, with a total of 10 people in the gallery at one point. One of these people was Beverly Canipe, sister of one of the victims, Connie Miller. While Canipe does not plan to attend the jury selection, she does plan to be there every day of the trial arguments. "The only thing I want is closure," Canipe said. (source: Hickory Record) FLORIDA: Court Backs Use of New Law in Death Penalty Cases Florida's new death penalty sentencing process should apply to prosecutions that were already underway when the new law took effect this month, a state appeals court ruled. The Fifth District Court of Appeal also decided that a U.S. Supreme Court decision in Hurst v. Florida did not strike down the state's entire death penalty as unconstitutional, just the procedure for imposing death sentences. But because the issues "involve questions of great public importance," the three-judge panel asked the Florida Supreme Court to decide whether the Hurst decision declared that the state's death penalty is unconstitutional and if the new law applies to cases already in the pipeline before the new sentencing process went into effect March 7. In a Jan. 12 ruling, the U.S. Supreme Court found Florida's system of giving judges rather than juries the power to impose death sentences was an unconstitutional violation of defendants' Sixth Amendment right to trial by jury. The 8-1 U.S. Supreme Court decision dealt with the sentencing phase of death penalty cases after defendants are found guilty, and it focused on what are known as aggravating circumstances that must be determined before defendants can be sentenced to death. A 2002 U.S. Supreme Court ruling in Ring v. Arizona requires that determinations of such aggravating circumstances must be made by juries, not judges. The ruling left Florida temporarily without a death penalty sentencing structure, prompting the Legislature to hurriedly pass a bill intended to fix the process. Gov. Rick Scott signed the bill this month, and it took effect immediately. Under Florida's new law, juries will have to unanimously determine "the existence of at least 1 aggravating factor" before defendants can be eligible for death sentences. The law also requires at least 10 jurors to recommend the death penalty for the sentence to be imposed, and it did away with a feature of the old law that allowed judges to override juries' recommendations of life in prison instead of death. The Florida Supreme Court, which indefinitely put on hold 2 executions after the Hurst ruling, has been grappling with how - or whether - to apply the ruling to inmates already on death row. The ruling came in the consolidated cases of Larry Darnell Perry, accused of killing his 3-month-old son in 2013, and William Theodore Woodward, charged with murdering 2 neighbors in 2012. State Discretion After the Hurst decision, Perry and Woodward asked judges in their cases to bar prosecutors from seeking the death penalty. The judges agreed with defense attorneys who argued the state should not be allowed to pursue death sentences in their cases because there was no constitutionally permitted death penalty process in Florida at the time. But the appellate court sided with the state, saying that blocking the death penalty "impermissibly invades" the discretion of the state to seek the sentence. The appeals court also rejected arguments that the new sentencing law should not apply in the cases of Perry and Woodward because of a 1972 law that provides alternative sentences if the death penalty is deemed unconstitutional. The 1972 law, which required all death sentences to be converted to life imprisonment, came in response to a ruling in a case of Furman v. Georgia that resulted in a nationwide moratorium on the death penalty. In the 10-page decision, Fifth District Judge Richard B. Orfinger wrote the Hurst ruling "struck the process of imposing a sentence of death, not the penalty itself." Orfinger, joined by Judges Kerry I. Evander and F. Rand Wallis, also disagreed with the defense contention that the application of the new law to pending cases would amount to an ex post facto violation of both the Florida and U.S. constitutions. That constitutional problem would only arise if the new law retroactively altered the definition of crimes or increased the punishment for the crimes, Orfinger noted. While Florida's new law changes the process used to determine whether the death penalty will be imposed, it does not modify the punishment attached to 1st-degree murder, Orfinger wrote. "The new sentencing statute added no new element or functional equivalent of an element to 1st-degree murder. Hence, the changes to our capital sentencing procedures do not resemble the type of after-the-fact legislative evil contemplated by the ex post facto doctrine," he wrote. (source: dailybusinessreview.com) ******** Victim's mom testifies for defense in store clerk killing----Judge denies motion to disqualify prosecutors in James Rhodes trial The mother of a Metro PCS clerk gunned down in 2013 testified for the defense Monday at a pretrial hearing for the man accused of killing her daughter. It was an emotional day for Darlene Farah and her son, Caleb Farah. They were called to testify because attorneys for James Rhodes, the man accused of shooting and killing 20-year-old Shelby Farah, want prosecutor Bernie de la Rionda off the case. Farah said the day was hard, but it's another step in the process of getting the case over with and getting justice for her daughter, nearly 3 years after her death. "To be honest with you, I feel good a little bit. I got a lot off my chest," Darlene Farah said. Darlene Farah said she agrees with the defense's claim that the State Attorney's Office influenced Caleb Farah to support the death penalty for Rhodes by showing him the surveillance footage of the moment his sister was killed. But Caleb Farah testified that no one made him watch the video. He said he was encouraged not to watch it, but he insisted. After hearing both sides, Judge Tatiana Salvador denied the motion to disqualify the State Attorney's Office from the case. "It's really insulting to say that somebody would go to that level and make these accusations that have no grounds at all," de la Rionda said. "We're very pleased with the court's ruling denying both of these motions." The prosecutor said that although Darlene Farah is against the death penalty, he believes Rhodes should be held accountable for his actions. "The law states that no matter what the victim's family feels -- and quite frankly 99 percent of the time they are in favor of the death penalty -- that never comes out in the court room, so it's irrelevant,??? de la Rionda said. "We are doing what we feel is appropriate based on the facts of the law. That's all we can rely on. Nevertheless, we are sympathetic to a victim's family. You have to be." Darlene Farah said that despite her opposition to a death sentence, she doesn't want Rhodes to go unpunished. "I don't feel sorry for him. He knew wrong from right when he committed the crime," she said. "Yes, it was premeditated, but 2 life sentences consecutive, plus 20 years, he'll be in there for the rest of his life." Rhodes' trial, which was set to begin May 2, was also pushed back Monday because of new state legislation on the death penalty. Salvador set Aug. 29 as the date for jury selection in the trial. The final pretrial date will be Aug. 22. Earlier this month, Gov. Rick Scott signed into law a measure designed to fix the state's death penalty sentencing process after it was found unconstitutional by the U.S. Supreme Court. The new law, which went into effect immediately, would require at least 10 jurors to recommend death for the penalty to be imposed. Darlene Farah wrote an opinion piece for Time magazine on the death penalty, titled "My Daughter's Killer Should Not Get the Death Penalty." Rhodes is charged with 1st-degree murder in the killing of 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 the 20-year-old 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) From rhalperi at smu.edu Tue Mar 22 09:42:12 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 22 Mar 2016 09:42:12 -0500 Subject: [Deathpenalty] death penalty news----LA., OHIO, ILL., ARK., MO., CALIF., USA Message-ID: March 22 LOUISIANA: Baton Rouge public defenders to stop taking some cases this summer without more money, serious offenders may be released without lawyers A year after instituting a hiring freeze to cope with a mounting funding crisis, East Baton Rouge Parish's chief public defender said Monday his office will stop accepting some new cases in both juvenile and state court come July 1 if the financial fortunes of the state and his office don't improve in a hurry. Mike Mitchell said that would mean the parish's Public Defenders Office would only handle cases where defendants are jailed on serious felony charges, pushing everyone else to a waiting list where they would be assigned attorneys as those felony cases are resolved. "I think it will clog up the system so badly that the courts will have no other choice but to start releasing people who are even charged with serious crimes," Mitchell warned Monday, the same day the state Legislative Auditor's Office released an independent report showing the 19th Judicial District Public Defenders Office is using up its remaining reserves. For those who believe the man who has led the Public Defenders Office since 1994 is merely crying wolf, Mitchell assured them he is not - although his counterpart in the District Attorney's Office is skeptical and believes public defenders statewide could manage resources better. "This is a real crisis. This is not a manufactured crisis," Mitchell said during an interview in his office. "I don't get any satisfaction in telling the public we can't continue to operate in the manner we've been operating, and I don't think the public wants that." Mitchell is projecting a $175,000 budget deficit by June 30, the 1st end-of-the-fiscal-year shortfall his office has encountered during his more than 2 decades at the helm of the office. That office had $1.2 million in reserve just 6 years ago, but Mitchell said those funds have been spent. Across Louisiana, public defender offices are complaining of shortfalls, mostly stemming from drops in fines and fees on traffic citations. Louisiana is unique across the country in financing much of its public defense through court costs paid by the guilty. But some of the problem also stems from Louisiana's larger budget shortfalls. Like Mitchell, state public defender Jay Dixon is holding his breath as the Louisiana Public Defender Board waits to see if the Legislature will cut its annual funding from $33 million to as low as $13 million - a devastating cut that would mean a loss in state funding of some $1 million to Mitchell's office. "We're pretty much in a wait-and-see mode," Dixon said Monday in reference to the possible massive cut to his office's funding. "We're hoping that won't happen. Mitchell's office is among 14 of the state's 42 local public defender offices restricting services they offer to indigent defendants because of monetary constraints, Dixon said. But East Baton Rouge Parish District Attorney Hillar Moore III said part of the problem might be in how the state Public Defender Board spends its money, saying local offices might not find themselves in their current predicament if the board didn't spend 1/3 of its budget on a few private law firms to exclusively handle death penalty cases. "The amount that the state board receives is virtually identical to what the state provides for all district attorneys," he said Monday. "Some claim that the local funding the district attorneys receive from parishes is substantially more support than local public defenders receive. This claim ignores the reality that local public defenders get twice as much money from traffic and other court costs than do district attorneys." Moore said his office receives $1 million in court fines, $2 million in state government funding and $6 million in parish funding, while Mitchell's office receives almost $4 million in court costs, nearly $2 million in state funding and no parish funding. That amount of funding appears proportional, he said, because the District Attorney's Office, unlike the Public Defenders Office, handles each and every criminal case. Moore said he is operating with three attorney and three investigator positions unfilled but cannot restrict his services. The independent auditor's report prepared by certified public accountant William P. Gaines Jr. and released Monday says the 19th Judicial District Public Defenders Office recognizes it is unlikely the office will have the resources available to operate beyond the end of June "at its present capacity." "The office's revenue streams are unpredictable and remaining reserves were utilized in the current year to satisfy operating obligations," stated the report, which was for the fiscal year through the end of last June. Mitchell said the solution would be for his office starting July 1 to stop accepting juvenile or misdemeanor cases or those of anyone charged with a felony who isn't sitting in jail. "I hope to work with the Court and others to find a solution before these devastating steps become necessary," Mitchell wrote in a Feb. 26 letter to local judges. When Mitchell announced a hiring freeze last March, he said his office was eliminating 6 attorney positions, an investigator and an administrative position through attrition. Mitchell said Monday he can't promise there won't be future layoffs as the state budget crisis worsens. "I am looking at eliminating other positions," he said. Mitchell said one potential solution to the problem would be to partially fund the Public Defenders Office through the city-parish. (source: The Advocate) OHIO: Brunswick murder trial: James Tench takes the stand The capital murder trial of James Tench, the Brunswick man accused of killing his mother in 2013, entered its 4th week with Tench taking the witness stand. Tench, 30, is charged with aggravated murder, murder, aggravated robbery and evidence tampering in the Nov. 13, 2013, death of Mary Tench, 55. He faces the death penalty if convicted. The jury is expected to begin deliberations when court resumes at 9 a.m. today before Common Pleas Judge Joyce V. Kimbler. Tench already is serving a 5-year prison sentence at the Richland Correctional Institute in Mansfield for a restaurant robbery in Strongsville. Defense lawyers Kerry O'Brien and Rhonda Kotnik attempted to show the jury Monday that Tench had explanations for personal difficulties in his life that were occurring in late 2013. The line of questioning covered events in the days leading up to when Mary Tench's body was found Nov. 12, 2013, in her SUV about a half mile from the Brunswick home she shared with her son. Tench answered questions from defense and prosecution lawyers for more than 3 hours in the morning and afternoon sessions. In testimony about his relationship with ex-girlfriend Christina Kyker, Tench said he supplied her with a debit card linked to his bank account. He testified he would spend only what money he made, but when she had access to his account, she spent what he made and more, causing his account to become overdrawn multiple times. Tench was asked why he didn't close his account or stop Kyker from using the debit card. Tench replied that Kyker had convinced him not to take the card away from her, but he was going to do so eventually anyway. Tench said he saw his mother writing checks to pay bills prior to her disappearance. He said he was forging checks belonging to her without her knowledge, which is why he robbed the restaurant in Strongsville. He said he wanted to replenish some money to her account. He also was asked why he didn't go to his mother right away about the money issues, but instead tried to cover everything up. Tench replied his mother died not know that he had robbed the restaurant and he didn't know why he didn't speak to her about finances. County Prosecutor Dean Holman asked Tench whether he had rehearsed the answers he gave to questions from his lawyers. "Yes, a little," Tench replied. The morning lineup of defense witnesses included a friend of Mary Tench; James' deceased father's brother, Gregory Tench; a childhood friend and her mother; and a clergyman affiliated with the Cuyahoga County Jail. Gregory Tench testified he was hunting in Arkansas when he found out from his nephew James that Mary Tench was missing. He said he packed up as soon as he could and headed to Ohio. Gregory Tench said he thought James sounded distraught because his mother was missing. Cheryl Turner, a friend of Mary Tench, testified that holidays at the Tench home on Camden Lane in Brunswick weren't anything out of the ordinary and that family members talked with one another "like normal." Also Monday, the subject of Mary Tench's health was brought up. Mary Tench was scheduled to have a procedure to remove a cyst from her ovary, which James Tench said doctors initially were unsure was cancerous. He said tests later showed the cyst was benign. Tench said he called his sister, Jennifer Swain, to try to convince their mother to go to the doctor right away. But Mary declined, saying she would have the doctor look at a different problem involving her nose when she went in for her procedure. According to James Tench, Mary "banged up her face" when she fell going to get the newspaper in the driveway of their Brunswick home. She put on her deceased husband's boots, a men's size 11, went outside and fell in the driveway, injuring her nose the day before the gynecological procedure. Turner, Mary Tench's best friend since college, told the jury she agreed to take Mary to her procedure. Under questioning from defense lawyers, she said she noticed a scab on Mary's nose in 2013, but it could have been a few months before the procedure took place. James Tench???s childhood friend, Felicia Fedarko, formerly of Brunswick and now from Olmsted Falls, testified they were "best friends since 6th or 7th grade." She said she and James "hung out" on a daily basis growing up. Fedarko said she never observed Tench criticizing or acting mean to his mother during their friendship. In July 2013, however, they lost contact because of Kyker. Fedarko said she and Kyker never met. Fedarko said she heard through mutual friends in November 2013 about Tench being arrested, so she reached out to him. She testified she wrote him letters "when it all started," also communicating by phone at times. Fedarko's mother, Diane Fedarko of Brunswick, also took the stand Monday. Diane Fedarko said James Tench had babysat her grandchild, Felicia's son, when the child was 4 or 5 years old. She explained that when she found out Mary Tench was missing, it was through her daughter's friends. When the Fedarkos were able to contact James Tench, Diane Fedarko said he was upset and scared, echoing Gregory Tench's comments about how James acted during visits and phone calls. Diane Fedarko and Mary Tench never met during their children's friendship, she said. Earlier in the morning, the Rev. Neil Walters, a chaplain at the Cuyahoga County Jail, testified. In the time he's known James Tench, Walters said he observed that Tench "was friendly and stressed ... and we had nice chats. He didn't scare me away." He added that he and Tench met regularly, about every week. Tench, being Catholic, received sacraments and Walters said they would pray together. The chaplain said inmates "don't have to be a card-carrying Catholic" to pray with or perform religious acts. (source: Medina County Gazette) **************** 3 indicted in robbery, murder of KSU student A Portage County grand jury March 16 handed up a 6-count indictment against 3 men accused of murdering a Kent State University during a robbery on Super Bowl Sunday. At least 1 of the 3 could face the death penalty as a result of his alleged crimes. Damantae D. Graham, 19, of Akron; Marquis C.T. Grier, 17, of Massillon; and Ty A. Kremling, 17, of Stow, are charged with 1 count each of aggravated murder, aggravated burglary, aggravated robbery, and 3 counts of kidnapping. The charges are the result of a Kent Police Department investigation into the shooting death of Nicholas W. Massa, an 18-year-old KSU freshman from Westlake who was slain in an off-campus apartment during an attempted robbery on Feb. 7. Graham was an adult at the time of the alleged crimes, making him eligible for the death penalty under Ohio law, Portage County Prosecutor Victor Vigluicci said. Grier and Kremling, who were juveniles at the time, are not eligible for the death penalty, but could receive a maximum prison term of life without parole. The specifications to the charges allege that the teens used firearms in the commission of the crimes, and committed the murder "with prior calculation and design" while committing burglary, kidnapping and robbery. Each firearm specification carries the potential for three additional, mandatory years in prison for each suspect. The kidnapping charges were filed because the trio of suspects allegedly held Massa and 2 other men against their will during the incident. One of the alleged victims identified Kremling by name to a 911 dispatcher. Graham was arraigned on the charges in Portage County Common Pleas Court on Friday, where he pleaded not guilty. Judge Laurie Pittman appointed attorneys Frank Beane and Anthony Koukoutas to represent him, according to court records. He currently is being held in the Portage County jail on $800,000 cash bond in another case, following a November 2015 incident during which he led Brady Lake police on a chase that ended in Ravenna Township. Grier and Kremling are being held in the Portage-Geauga Juvenile Detention Center in Shalersville on $2 million bond each. They were arraigned Monday in Pittman's courtroom and both pleaded not guilty. Kremling was a junior at Stow-Munroe Falls High School at the time of his arrest. Graham's prior arrest Graham, then 18, was arrested after a Brady Lake police officer attempted to stop his black 2002 Kia on S.R. 59 at Erie Street in the village just before noon on Nov. 4, 2015. He allegedly drove over lawns and sidewalks, ignored stop signs, passed a stopped school bus and other cars in no-passing zones, among other alleged traffic violations, before bailing out of the car and fleeing on foot into the 3800 block of Richardson Avenue. A loaded 9mm Ruger handgun was recovered from the vehicle. A grand jury indicted Graham on Dec. 28, 2015, on charges of failure to comply with the order or signal of a police officer, a 3rd-degree felony; carrying a concealed weapon and improper handling of a firearm in a motor vehicle, both 4th-degree felonies; resisting arrest, a 2nd-degree misdemeanor; and illegal passing of a school bus, a minor misdemeanor. A trial in that case is scheduled to begin in Pittman's courtroom on April 19, according to court records. (source: The Stow Sentry) ILLINOIS: Justice System Life and Death in the Criminal Justice System Illinois is at the epicenter of both profound corruption and reform in criminal justice. We lead the nation in false confessions, yet our state made international news by ending the death penalty. What is it like to be on the front lines of defending clients in death penalty cases? What happens to innocent people on death row? Hear the firsthand accounts from an attorney and an investigative journalis. Tom Verdun was a 15-year member of the Murder Task Force who defended numerous clients facing the death penalty and now serves as Senior Staff Attorney of the James B. Moran Center for Youth Advocacy. Pamela Cytrynbaum is an investigative reporter who has covered death penalty cases around the country and is now the Executive Director of the Chicago Innocence Center. Both will speek at 7 p .m. on Thursday, March 24 at Bookends and Beginnings, 1712 Sherman Ave., in Evanston. (source: evanstonnow.com) ARKANSAS: Justices Chuck Waiver by Schizophrenic Killer Arkansas courts improperly let a schizophrenic man who raped and killed his 12-year-old niece waive his right to appeal, the state Supreme Court ruled. Karl Roberts confessed in May 1999 that he had taken his niece, Andria Brewer, to a secluded area, raped her, and strangled her to death to hide what he did. After Roberts was convicted of capital murder and sentenced to death in May 2000, he filed to waive his rights to appeal and post-conviction review. The circuit court in Polk County, Ark., found that Roberts had the ability to knowingly and intelligently waive those rights, and the state Supreme Court affirmed in 2003. But on the day of his scheduled execution in January 2004, Roberts obtained a federal stay of execution. That court agreed three years to hold Roberts' petition for habeas corpus in abeyance, giving him an opportunity to "convince the state courts that he did not competently waive his right to appeal and seek state post-conviction relief" and to seek relief for all unexhausted claims. Roberts filed the necessary petitions and the state Supreme Court agreed to reopen the case in February 2013, demanding an updated competency evaluation. Before that hearing occurred in September, however, Roberts began walking back his efforts. In a May 2013 letter to the federal court??????, Roberts said he no longer wished to proceed with post-conviction relief, claiming he was motivated by a sense of justice and the desire to provide closure to Brewer's family. He repeated that sentiment at September hearing, and the circuit court dismissed his petition for post-conviction relief, finding that he was competent and had the capacity to waive his post-conviction rights. With Roberts having changed his mind again, the state Supreme Court reversed 4-3 Thursday. "Both experts testified that Roberts' mental illness affects his ability to make a rational decision about waving his post-conviction rights," Associate Justice Rhonda Wood wrote for the majority. Even the state's expert implied that Roberts' psychosis "impacts his ability to choose between life and death and knowingly and intelligently waive his post-conviction rights," Wood added. Roberts' letters asking for waiver do not sufficiently prove competency, the ruling states. "Roberts' auditory hallucinations may affect the content of his letters since he frequently hears voices when he writes," Wood wrote. "Despite our belief that the trial court is in the best position to assess credibility and weigh the evidence, in this case we are left with a firm conviction that a mistake has been made. We hold that the circuit court was clearly erroneous when it concluded that Roberts was competent to waive post-conviction review." The 9-page ruling prompted 2 dissents. "The circuit court declined to address [Roberts'] 6 issues and instead made a general, sweeping finding of competency to waive," Chief Justice Howard Brill wrote in the 1st, joined by Justice Paul Danielson. "This finding, in my view, does not rise to the level of a 'more exacting duty' required by the circuit court in a death-penalty case." Justice Courtney Hudson Goodson added: "The circuit court had the first-hand opportunity to observe Roberts and to assess the credibility of the expert witnesses. On this record, the circuit court could well conclude that Roberts understands the choice between life and death and that his decision to waive further review is knowingly and intelligently made." Roberts was represented by federal defender Jennifer Horan and assistant federal defender Scott Braden. Arkansas Attorney General Leslie Rutledge represented the state with Assistant Attorney General Vada Berger. (source: Courthouse News) ***************** Motions challenge constitutionality of capital curder Laws An attorney for 1 of 3 men charged in a fatal Springdale shooting filed challenges to the state's capital murder and death penalty statutes in Washington County Circuit Court on Monday. 3 men were standing near a car when 4 men in a blue Ford Focus pulled up and demanded to know their gang affiliations, according to police. 1 of the 3 said he was in a gang, and 1 of the people in the car opened fire, killing Jimmy Rodriguez, 20, last April 11 in Springdale. Jose Delatorre, 18, believed to be a passenger, is charged with accomplice to capital murder. Delatorre's next court date is March 30. Tony Pirani, Delatorre's attorney, filed motions seeking to dismiss charges against Delatorre on the grounds the state's capital murder statute is unconstitutionally vague and overlaps the 1st-degree murder statute. Another motion seeks to have the death penalty statute declared unconstitutional on the grounds of cruel and unusual punishment. The motions are standard in capital cases and are typically denied. Rodolfo Martinez, 18, who police believe to be the gunman, is charged with accomplice to capital murder and accomplice to the unlawful discharge of a firearm from a vehicle. Martinez has a court date of April 13. Giovanni Vasquez-Sanchez, 17, who police believe to be the driver, is charged with accomplice to capital murder and accomplice to the unlawful discharge of a firearm from a vehicle. Vasquez-Sanchez is charged as an adult and has a March 28 court date. All 3 men pleaded not guilty in May. Martinez and Delatorre face life in prison without parole or the death penalty if convicted. Vasquez-Sanchez, because of his age at the time, isn't subject to the death penalty. Unlawful discharge of a firearm from a vehicle is a felony punishable by 10 to 40 years or life in prison. Pirani filed a number of pretrial motions in January, including a motion to throw out the charges filed against Delatorre as insufficient to provide a basis for the death penalty, arguing it doesn't set forth any aggravating circumstances. Attorneys for Martinez filed similar motions in July. Prosecutors haven't said if they'll seek the death penalty against Martinez or Delatorre. (source: Democrat Gazette) MISSOURI: Appellate court sends Ernest Johnson death penalty challenge back to district court The Eighth U.S. Circuit Court of Appeals on Monday dismissed the case of a man condemned to death for a 1994 triple murder in Columbia, ruling it did not have jurisdiction over the case because of a timing issue, and sent the case back to U.S. District Court. Jeremy Weis, one of Ernest L. Johnson's attorneys, said he will confer with his partner, W. Brian Gaddy, and will likely file an amended complaint in U.S. District Court for the Western District of Missouri, which ruled in October that Johnson had failed to state a claim challenging his execution. In the appeals court's 4-page opinion, the 3-judge panel ruled that because of the timing of the case, with Johnson's death warrant expired, they had no jurisdiction. Johnson's Nov. 3 execution was stayed when the U.S. Supreme Court sent the case back to the appellate level at about 6:30 p.m. that day. "Johnson has had ample time to prepare an amended complaint," the appellate panel wrote Monday. "The State has not established a new execution date, and Johnson is free to move for leave to amend his complaint without the pressure of a scheduled execution." Sentenced to death for the February 1994 murders of Mary Bratcher, 46, Mable Scruggs, 57, and Fred Jones, 58, in a robbery at a northeast Columbia convenience store, courts twice overturned the sentence, but a 3rd was upheld. Gaddy and Weis have argued that because of a benign brain tumor Johnson had removed in 2008, he experiences occasional seizures, dizziness and a loss of balance. Doctors removed 15 to 20 % of his brain. His condition is likely to cause severe pain when pentobarbital, Missouri's drug of choice for executions, is administered, violating the Eighth Amendment's prohibition on cruel and unusual punishment, the attorneys argued. U.S. District Court denied the stay in late October, with the circuit court following. Within days, Johnson's attorneys appealed to the Supreme Court. Missouri Assistant Attorney General Michael Goodwin and Gaddy argued the case before the appellate panel Jan. 13 in St. Louis. The state has contended that Johnson's lawyers have failed to state a claim in their arguments because they had not fulfilled the requirement of detailing how the state can use a different method to kill Johnson that could reduce the chance of pain. On the other hand, Gaddy and Weis have argued that citing the state law that allows for lethal gas to be used in executions, the only other option available by law in Missouri, is sufficient. Nanci Gonder, spokeswoman for the attorney general's office, said in an email the appellate court found the district court did not issue a final judgment and Monday's ruling is "not final until the expiration of the 15-day period during which time either party may seek a rehearing." Gonder said the office is reviewing the ruling. Weis said the circuit's opinion is a "pretty straightforward ruling" but noted it did not rule on the case's arguments. The district court ruled in October without much litigation, and this time, Weis said, he hopes they can argue the case to its end. "We're a long way away from ever getting a ruling on the actual merits of Mr. Johnson's brain tumor claim," Weis said. (source: Columbia Daily Tribune) CALIFORNIA: Arraignment starts for man accused in deaths of 2 men near Roseville Joshua Daniel Smith faced a judge Monday in the killings of 2 men found shot and set ablaze last June near Roseville as prosecutors laid out special circumstances that could mean the death penalty for the Sacramento man. Smith's arraignment will resume Tuesday in Placer Superior Court in Auburn before Judge Angus Saint-Evens, when Smith, 38, is expected to be assigned an attorney. Smith sat at the end of a row of in-custody defendants waiting for his turn before Saint-Evens inside the judge's Placer County jail courtroom, eyeglasses perched atop his head, tattoos along his neck and above an eyebrow. He faces a string of charges tied to the deaths including 2 counts of murder and that he used a gun to commit the crimes. Prosecutors also allege that Smith has gang ties, that he committed the crime in service to the Southside Park Nortenos criminal street gang, and allege as a special circumstance that he lay in wait before firing the shots and setting the 2 men on fire. Prosecutors say Smith carried out the brutal slayings of Jason John Benson, 33, and Warren Alexander Galsote, 34, on June 25, 2015. Both men were shot in the head on rural Annabelle Avenue near Roseville and Granite Bay and set ablaze. Prosecutors alleged Smith targeted Galsote because he witnessed a crime. A neighbor on Annabelle Avenue rushed from his home to put out the fire only to discover the 2 men, soaked in gasoline, investigators said. The men died 2 days later at an area hospital. Defense attorney Martin Jones of Madera-based firm Ciummo & Associates, Placer County's contracted public defender, asked Saint-Evens to delay Smith's arraignment to March 28. He said the firm had reached the negotiated limit of homicide cases its attorneys are able to accept in Placer County. Saying he was "very uncomfortable" with granting a delay, Saint-Evens ordered Smith and attorneys to return Tuesday to select defense counsel and complete the proceedings. Smith was arrested Thursday and transported to Placer County from the Sacramento County jail, where he had been held on other charges since July, according to a Placer County Sheriff's Office news release. A no-bail warrant for his arrest was issued by Placer County in February, sheriff's officials said. (source: Sacramento Bee) *************** Judge in 'Grim Sleeper' trial to angry defense lawyer: 'Chill' The already sensational "Grim Sleeper" serial killer trial took more twists Monday when the judge bluntly told the defendant's lawyer to "chill" after his repeated outbursts. "I'm going to have a stroke," defense lawyer Seymour Amster claimed to Judge Kathleen Kennedy during a session with the jury and TV camera out of the courtroom but with spectators -- including some of the victims' relatives -- witnessing the legal wrangling. The session came as the defense prepared to begin its case, following the prosecution's presentations earlier. Lonnie David Franklin Jr. is accused of being the Los Angeles-area serial killer known as the Grim Sleeper. Amster's frustrations were fueled by the judge's response to his subpoena of Los Angeles Police Department records. Those records focus on "chain of custody" evidence that prosecutors say links the victims to accused killer Lonnie Franklin Jr., but that the defense argues is flawed evidence. The judge called Amster's subpoena too broad, said she planned quash it and wanted it narrowed. Amster, his head bobbing in apparently anger, exclaimed that the defense was "now going to rest. We now have no defense." While the defense lawyer frenetically paced and turned his back on the judge, the defendant, wearing a white shirt and peering through black-rimmed glasses, stared straight ahead. Judge: 'Do your job' "I'm not asking you to have a stroke," Kennedy told Armster. "I'm asking you to do your job." Prosecutor Beth Silverman jumped into the fray, saying she was "disgusted by the County of Los Angeles" for paying hundreds of thousand dollars to defense lawyers. "He (Amster) doesn't play by the rules," she added. "Don't keep on piping up," the judge warned Silverman, a deputy district attorney, during her skirmishes with the defense. The trial for Franklin began last month, some 30 years after the 1st of the "Grim Sleeper" victims was found fatally shot, her body dumped in a South Los Angeles alley. Franklin, a former garbage collector and police garage attendant, is charged with killing 1 girl and 9 women ranging in age from 15 to 35 over a span of 3 decades. Prosecutors are seeking the death penalty. The killings for which Franklin is charged came in spurts that were 13 years apart, resulting in the nickname "the Grim Sleeper" for the period of apparent inactivity. Franklin, 63, has pleaded not guilty. The in-court dustups Monday elicited audible gasps from the gallery, including from family members of victims. "That was just despicable," Porter Alexander, father of murder victim Alicia Alexander, told CNN in the courthouse. "What has (Armster's outburst) got to do with anything? I think it's just unacceptable." Margaret Prescod, who formed the group Black Coalition Fighting Back Serial Murders, described the defense proceedings as "ridiculous ... so disrespectful." After the judge told Armster to calm down and narrow his subpoena request, and following a courtroom break, the defense lawyer began his long-deferred opening statement to the jury. Defense challenges evidence, witness His strategy unfurled victim by victim, as Armster told the panel Franklin's DNA was not found in a couple of dozen investigative tests, including sexual assault kits, victims' clothing and, in 1 case, a makeshift body bag. Amster also said he will challenge firearm evidence and he questioned the testimony of star prosecution witness Eneitra Washington, the lone survivor of the "Grim Sleeper" attacks. The defense lawyer said Washington told a friend after being shot in the atack, "'They raped me' ... 'they' -- not a single person." Earlier in the trial, prosecutor Silverman painted a picture of Franklin as a ruthless killer who preyed on victims' dependency issues by luring them with the promise of crack cocaine to what became to horrific deaths. Silverman told jurors firearm and DNA evidence connects all the victims to the defendant. (source: CNN) USA: Feds won't retry 3 men in 2 cold case murders Thamud Eldridge, Kevin Allen and Galen Rose are going to prison, but not for murder. A federal court jury found the 3 men guilty of several felony charges last month but, for the most part, deadlocked over their role in the cold case killings of Thedrus "Flap" Laster and Sam "Smokey" Jones Jr. Federal prosecutors could retry Eldridge, Allen and Rose, but indicated Monday they have no plans to do so. Assistant U.S. Attorney Joseph M. Tripi said the government is confident the 3 defendants will get significant prison sentences despite the jury's inability to reach a verdict on most of the murder charges. The 1 exception was Eldridge, who was found not guilty of taking part in Laster's murder. Tripi wants U.S. District Judge Richard J. Arcara to hold the unresolved charges in abeyance until after the defendants' appeals on their convictions are decided. If the convictions are upheld, Tripi said the government will not retry Eldridge, Allen and Rose on the unresolved charges. The verdict, which came after 6 full days of deliberations last month, left the jury split on Eldridge's and Allen's roles in the Jones murder and Rose's role in the Laster killing. Laster, 35, was shot and killed during an April 2005 robbery in a Delaware Avenue apartment where he kept marijuana and cash. A few days later, Jones, another drug dealer, was shot and killed during a robbery in the basement of a home on Newburgh Avenue. Despite the non-verdicts on the murder charges, the jury did find Eldridge and Allen guilty of racketeering conspiracy, firearms possession and robbery charges. Rose was found guilty of drug charges. Originally a death penalty case, the government's prosecution of Eldridge, Allen and Rose was viewed early on as the 1st concrete effort to identify and prosecute the killers of Laster and Jones. The Department of Justice later withdrew the death penalty designation. (source: The Buffalo News) From rhalperi at smu.edu Tue Mar 22 09:43:02 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 22 Mar 2016 09:43:02 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 22 MALDIVES: Maldives to begin final appeal of 2 high profile death sentences Supreme Court is to begin this week the final appeal proceedings over the death sentences handed in 2 high profile murder cases. Criminal Court sentenced Mohamed Nabeel, 22, a resident of Reef in Galolhu ward of capital Male, to death on October 22, 2010 after he was found guilty of stabbing to death 18-year-old Abdulla Farhad from Hulhudhoo ward of Addu city. Ahmed Murrath was sentenced to death over the murder of prominent lawyer Ahmed Najeeb in 2012. High Court had upheld the sentences. Both the suspects had not exercised the right to appeal the appellate court's verdicts, prompting the prosecution to forward the cases to the Supreme Court late last year for a final review. Regulations on death penalty that came into effect in 2014 require the prosecution to exhaust the appeal process -- the High Court and Supreme Court -- even if the convict wishes to not file for appeal. According to the Supreme Court's schedule, the 1st hearing in Murrath's appeal would be held on Wednesday, while Nabeel's appeal proceedings would begin on Thursday. Murrath's lover, Fathimath Hana had also been convicted and sentenced to death over the murder in 2012. But the appeal of her sentence is yet to be concluded by the High Court. The announcements by the Supreme Court come a day after it began the last stage of appeal of the death sentence handed to Hussain Humam over the brutal murder of former Ungoofaru MP Dr Afrasheem Ali. Humam was found guilty of the MP's murder and sentenced to death in January 2015. He later appealed the sentence. High Court had on September 7 upheld the death sentence handed to Humam. The prosecutor general's (PG) office had in November forwarded the case to the Supreme Court to initiate the final stage of appeal after Humam failed to appeal the sentence against him within the appeal window. Afrasheem was found brutally stabbed to death on the stairway of his apartment building in October 2012. Criminal Court had acquitted Ali Shan of Hicoast in Henveyru district of Afrasheem's murder. There are around 10 people on death row at present, but none of whom has exhausted the appeal process thus far. If Humam's sentence is upheld by the apex court, he would be the first of the inmates on death row to have completed all the 2 stages of appeal. Authorities had pledged to implement the death penalty after the exhaustion of the appeal process. (source: haveeru.com) IRELAND: An Irish dead man walking who survived death penalty The bloody and divisive Irish Civil War resulted in the surprise restoration of the death penalty. The last-minute decision to reinstate the ultimate deterrent would cost 29 ordinary Irish citizens their lives after they were convicted of murder, until the death penalty was abolished in 1964 for everything but the murder of public figures. Dozens more would have the penalty imposed on them only to receive last-minute commutations. Patrick Aylward was one such individual whose escape from the gallows became legendary. In an increasingly urbanized society it can be difficult for the modern Irish person to comprehend the vicious feuds between rural farming families. Sadly, in the Ireland of 1922, these fights were all too common. Patrick Aylward was 63 years old and a farmer from Mullinavat, County Kilkenny. He had returned to Ireland in 1921 after 39 years in Connecticut in order to nurse his elderly brother on their 25 acre holding. 50 yards away lived the Holden family, which included Patrick, Mary and their 8 children. Relations between the two households had soured shortly after Patrick's return. He complained about the alleged trespassing on his land by animals belonging to the Holden family, even setting his dog on a goat belonging to Mrs. Holden. On another occasion, a missing fowl belonging to the Holdens was found dead in Aylward's shed. Mary would describe her neighbor as a violent and unpredictable man who had twice struck her with a stick. Aylward disagreed, asserting that she was the aggressor and had attacked him several times. Her children also constantly annoyed his animals and used his well as a toilet. What started out as a minor disagreement was about to take a far more sinister turn. On Saturday, April 21, 1923, Patrick Holden was out working while his wife was minding the children. At 5pm Mary put her 18-month-old son William to bed and departed the house to buy an outfit for another son's confirmation. Despite the lawless nature of the times, Mary saw fit to place 8-year-old Patrick in charge of the house in her absence. She told him to lock the door and stay inside. His younger sister Mary and brother Michael were also present. William, the 2nd youngest of the Holden family, suffered from rickets and was not able to crawl or walk but was sleeping peacefully when his mother left. Some minutes afterwards, Patrick Aylward allegedly knocked at the Holden's front door. The children reluctantly opened the door and Aylward burst in shouting that he "would put an end to the trespassing." Aylward lifted William, who was still sleeping, and walked over to the fire. He then proceeded to hold the infant down over the burning grate. Patrick Holden allegedly endeavored to intervene but was powerless against the older man's strength. Aylward stayed watching the crying infant as he burned on the fire, all the while using a stick to hold off the other children. Just as William's clothes caught fire, Aylward said "Don't let them goats into my haggard anymore" before striding out the door. The children quickly removed their infant brother from the fire and put him in a bucket of water to quench the flames. The severely-burned baby was then put back into his bed and the door was locked. Patrick Holden Snr. arrived home within the next few minutes to be met with several hysterical children and a baby suffering from life-threatening burns. There were no garda??? in the area at that turbulent point in Irish history, so Holden instead sent for a doctor from Waterford. He duly arrived and found the baby in a state of collapse. William was charred black all over his body and died from toxemia 24 hours later. The coroner's inquest took place just days after the death. Aylward appeared and denied having any knowledge of the burning. The coroner referred the case to the gardai nonetheless, but also had harsh words for the bereaved Holdens, telling them that he did not know whether to sympathize with them because they had abandoned their young children at home. Aylward was arrested on May 8. He replied "I did not do it." The murder trial began on the November 26, 1923. The prosecutor stated that the prisoner was "charged with a crime which, if proved against him, was as terrible and hideous a crime as any one described as a human being could commit." Aylward maintained a cool demeanor throughout despite the gravity of the charges against him. He pleaded not guilty. Dr. Matthew Coghlan appeared on the stand and told the court that the injuries to William Holden could not have occurred accidentally. When asked about the defendant, he described him as a "degenerate" who lived in squalor, referring to the Aylward homestead as a "manure heap and cesspool." He did insist that Aylward was sane and capable of distinguishing right from wrong, however. Patrick Holden also took the stand and was described as an intelligent witness, despite never attending school and being unable to write his name. He described letting Aylward in and witnessing his neighbor grabbing William and putting him across the fire. Patrick attempted to aid his brother but was unable to do so. Michael Holden also recounted Aylward raising a stick at them and telling them as he left the house "Don't tell your mother or I'll kill you." Patrick Aylward admitted that he had poor relations with his neighbor but insisted that he had not been in their house for 5 months before the incident when he had complained to Mrs. Holden about her children chasing his sow and swimming in his spring well. Her response was to hit him with a scrubbing brush. He retaliated by giving her a whack with his walking stick. He denied harming the children however, pleading "Don't you think I have a soul to save as well as everyone else, or what do you think I am?" Aylward insisted that the Holdens had told their children to lie about him. 2 witnesses, Aylward's brother and a friend, also vouched that the prisoner had been tending a sick cow all day and had not visited his neighbors. The trial took just 1 day and despite the contentious and contradictory evidence the all-male jury needed just 10 minutes deliberation before passing a guilty verdict, with a recommendation to mercy. The judge announced his agreement and sentenced the prisoner to death. Aylward responded "I am not guilty at all. I have not been in that house for five months. May God forgive the woman who put the lie on me and God forgive the jury." His pleas fell on deaf ears and his execution was set for the December 27, putting him among 5 convicted murderers to be sentenced to death in that month. 3 of the men would indeed be hanged. Aylward, however, was fortunate to receive petitions from numerous luminaries, including the Bishop of Ossory. His Grace petitioned government minister Kevin O'Higgins, questioning the guilt of the elderly man. He mentioned the Holden family's "bad moral character," and alluded to a previous incident when another Holden child had burned to death in suspicious circumstances in 1910. It was announced just hours before the execution that Aylward's death sentence was to be commuted to one of penal servitude for life. The minister was not obligated to give a reason for this sudden commutation but a reasonable doubt was surely present. The government may also have been reluctant to execute a man solely on the evidence of children. Patrick Aylward served 10 years in prison and was released in 1932. He died 3 years later, still maintaining that he had taken no part in the burning of William Holden. The death penalty remained in the Irish Constitution until 1990 and 28 men and 1 woman would meet their death at the end of an Irish rope. Harry Gleeson was shamefully hanged for murder in 1941, a crime he did not commit. 20 years before, did Patrick Aylward come within hours of suffering a similar injustice? The truth may never be known. (source: Colm Wallace has written a book "Sentenced to Death: Saved from the Gallows" about 30 Irish men and women who had the death penalty imposed on them between 1922 and 1985. It is being launched on the June 17 and is available for pre-order on books.ie or Amazon----irishcentral.com) UNITED KINGDOM: Free Talk on Japanese Death Penalty A free documentary screening and public lecture on the Japanese death penalty is being hosted at the University of Portsmouth this week. Dr Mai Sato, a lecturer in criminal law at the University of Reading, will give a talk after the screening of The Wavering Public? The Death Penalty, Justice and Public Opinion, which provides a rare insight into public perceptions of this controversial topic in Japan. Dr Sato said: "Japan, unbeknownst to many, retains the death penalty, and still executes criminal offenders to this day. "The Japanese government's official justification for preserving the death penalty is that the majority of the public is overwhelmingly in favour of this method of criminal punishment. "They argue that support for the death penalty is so strong and entrenched in Japanese culture that abolition is not possible." However Dr Sato's recent report, which analysed government data and investigated public opinion, found that contrary to the government's claim that there is an '80 % majority support' of the death penalty, the Japanese public is in fact largely ready for the abolition of capital punishment. The documentary explores what the death penalty means to 135 ordinary citizens who are filmed discussing crime and punishment in a retentionist state - one in which much of the practice surrounding the death penalty remains secretive and discreet. The free event is on Wednesday, 23 March from 6 - 7pm and will be followed by a drinks reception. (source: aboutmyarea.co.uk) ************* BBC To Re-Tell Grisly Events Behind Rillington Place Murders----The tragic tale of miscarriage of justice contributed to the abolition of the death penalty. A brand new BBC drama will retell the real-life grisly events behind the multiple murders committed by John Christie in Notting Hill in the 1940s and '50s, made famous by the 1971 film '10 Rillington Place'. Tim Roth and Samantha Morton will star in 'Rillington Place', which starts filming today in Scotland. The 3-part drama will follow the same events as the earlier film, which starred Richard Attenborough as the killer, and John Hurt as his neighbour Timothy Evans. The subsequent tragic miscarriage of justice, which led to Timothy Evans being hanged for a crime he did not commit, contributed towards the abolition of capital punishment in Britain. Tim Roth plays John Christie, who lived at the infamous address with his wife Ethel (Samantha Morton) from where he carried out the multiple murders. Newly-weds Timothy and Beryl Evans, played by Nico Mirallegro ('The Village', 'Common') and Jodie Comer ('Doctor Foster', 'Thirteen'), fall prey to Christie's influence after moving into a neighbouring flat. The drama will be directed by Craig Viveiros, who enjoyed recent success with Agatha Christie adaptation 'And Then There Were None'. (source: BBC news) INDIA: Time to re-look at sedition law, says law panel's new head Chauhan There is a need to revisit India's controversial sedition law, the newly-appointed chairman of the Law Commission said, flagging a sensitive issue weeks after the arrest of several JNU students sparked a nationwide debate on nationalism and free speech. "We should give it a fresh look. The Indian Penal Code was drafted almost 150 years ago and the British rulers had a different purpose behind the law. It's time for us to examine whether the law holds good today or not," justice BS Chauhan told Hindustan Times. JNU students' union leader Kanhaiya Kumar and 2 others were arrested in February over an event when anti-India slogans were allegedly shouted. They were among 6 students charged under the sedition law. Justice Chauhan - a retired Supreme Court judge who took over as the chairman of the 21st Law Commission earlier this month - however, said misuse of a particular law can't be the sole ground to declare it unconstitutional or to repeal it. The commission advises the government on legal issues but its recommendations are not binding. "Whatever recommendations we make would be after having a public debate involving law universities ... law teachers and after examining its definition, judicial pronouncements and taking into views of all concerned." Several opposition parties have demanded that the sedition law should be thrown out as it was a relic of the Raj. Justice Chauhan's statement comes a few days after the Narendra Modi-led NDA government told Parliament that the sedition law was a broad-brush measure and needed a review. "Anybody who speaks against the government can be booked under sedition law. Amendments have been suggested because the definition is very wide. That is why concerns have been raised," minister of state for home Kiren Rijiju told the Rajya Sabha last week. Home minister Rajnath Singh said the government would call a meeting of all parties to discuss the matter after the Law Commission submitted its recommendations. Justice Chauhan and the commission's member, justice Ravi R Tripathi, said they would like the government to prioritise the issues it wanted the panel to take up. Law on sedition Sedition was not a part of the original IPC that came into force in 1862. It was added to the in 1870 and its scope and ambit was broadened in 1898 to deal with the freedom movement that was gaining ground. According to Section 124A, a person commits the crime of sedition if s/he brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the government established by law in India. It can be by words, either spoken or written, or by signs, or by visible representation, or otherwise. The maximum punishment for sedition is imprisonment for life. Explanation 1 to Section 124A clarifies that the expression "disaffection" includes disloyalty and all feelings of enmity. Explanation 2 and 3 to Section 124A make it clear that comments expressing disapprobation of the measures of the government or an admin???istrative or other action of the government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not amount to sedition. The Supreme Court upheld its validity in Kedar Nath Singh versus State of Bihar in 1962. A 5-judge constitution bench headed by then chief justice of India BP Sinha said though the section imposed restrictions on the fundamental right to freedom of speech and expression, the restrictions were in the interest of public order and were within the ambit of permissible legislative interference with the fundamental right. The law struck the correct balance between individual fundamental rights and the interest of public order, the SC said. The apex court, however, clarified sedition law would be attracted only if the offence was such that it could cause "public disorder" by acts of violence. But despite the clarification given by the SC, sedition law has often been misused by various states. Homosexuality Asked if he favoured de-criminalising gay sex, justice Chauhan said: "There should be a public debate. England also debated the contentious issue for more than a decade before finally de-criminalising it. A commission was appointed in 1957 to look into it and 10 years later homosexuality was de-criminalised." He said discussions should happen and then Parliament should make a law in the light of public opinion. Death penalty Justice Chauhan -- who was a member of the SC bench that upheld Mumbai blasts case convict Yakub Memon's death penalty ??? said: "Let it be on the statute book. Where they (courts) feel death penalty is not required, let them give fixed term sentences such as 30 years or 40 years in jail." Stating that the Mumbai blasts case was not a simple case of bombing but a war against the nation, he said that "even in that case we commuted the death sentence of so many convicts and upheld the death sentence of just one of them". Uniform civil code He refused to comment on the issues of uniform civil code and discrimination against women in Muslim Personal Law, saying these issues are pending before the Supreme Court. He however, said gender discrimination was there in other religions' personal laws as well and Parliament should consider these issues. Justice for poor The Law Commission chairman said he would strongly recommend that judiciary reserve some of its time for poor litigants, particularly those languishing in jails. "There should be dedicated benches to hear bail matters of those languishing in jail for years," he added. (source: Hindustan Times) SINGAPORE: Jackie Chan wants drug offenders to be executed? This article was originally published by The Influence, a news site that covers the full spectrum of human relationships with drugs. Follow The Influence on Facebook or Twitter. Singapore is not exactly notorious for rational law enforcement or compassionate drug policy. The city state of five and half million has strict laws governing everything from spitting to chewing gum in public. Seventy percent of executions in Singapore over the past few decades (happily, the number has dropped off steeply in recent years) are for drug offenses. And the government has been widely mocked for its simple-minded approach to drug enforcement. Enter internationally beloved martial arts movie star and former UNICEF goodwill ambassador Jackie Chan. The Hong Kong native has become Singapore's 1st celebrity anti-drugs ambassador. Why on earth would he associate himself with this regime? Back in China, his own son, Jaycee Chan, was imprisoned for 6 months on drug charges. Chan referenced his son when explaining his new role: I have always supported anti-drug causes, even more so now because my own family member is a victim. Right now he just holes up in his room, writing songs. He doesn't dare to face the world and the media. But I told him, you need to face them. Everyone makes mistakes - we just need to recover from them. Jaycee Chan's "victimhood" comes in the form of merely testing positive for marijuana. Targeted as part of the Chinese government's crackdown on celebrities, Chan Jr. was lucky not to have ended up in China's sprawling "detoxification centers," which in many cases are simply repurposed gulags. Far from criticizing China's witch-hunt, Jackie Chan has effectively endorsed it, as well as wrongly asserting that experimentation with drugs invariably leads to addiction. Chan has even gone so far as to advocate the death penalty for nonviolent drug offenses: "I approve the death penalty, for certain cases ... For drugs, when you sell it, you are hurting thousands of people and children - those people are useless. I am not a judge, but some cases deserve heavy penalty." Not such a nice guy after all. (source: rawstory.com) UNITED ARAB EMIRATES: Terror charges downgraded against Canadian detained in UAE Terrorism charges against a Canadian imprisoned in the United Arab Emirates for more than a year have been dropped, marking what his family called a major development in the man's case. But Salim Alaradi's legal battle is far from over, as a state prosecutor announced at a court hearing Monday that the Libyan-born man had been charged instead with 2 lesser offences. "What happened today is clear evidence that my father is innocent," Alaradi's 18-year-old daughter Marwa told The Canadian Press. "The closer we get to his innocence the more the U.A.E. State Security plays games with his freedom." Alaradi, who immigrated to Canada in 1998 from the U.A.E. but returned there in 2007 to run a home appliance business, was on vacation with his family in Dubai when he was arrested in August 2014. He was among 10 men of Libyan origin detained around the same time -- some of them have since been released. When his trial got underway in January, the 48-year-old pleaded not guilty to the terrorism charges which related to funding, supporting and co-operating with terrorist organizations. His Canadian lawyer said the dropping of the terror-related charges was a significant development. "It was a real dramatic turn," said Paul Champ. "It seems that state security is trying to salvage this situation and save face when they know they really don't have anything against these men." The lesser charges Alaradi now faces allege he provided supplies to groups in a foreign country without permission of the U.A.E. government and collected donations without permission of the U.A.E. government, Champ said. "The most serious outcomes that we were most concerned about are off the table, whether it was life imprisonment or even the death penalty," Champ explained. "We're hoping that these might be viewed as relatively minor charges." Alaradi has always admitted he helped raise funds and secure supplies for the new transitional council in Libya after the ouster of longtime Libyan leader Moammar Gadhafi in 2011, Champ noted. "That was fully supported by the U.A.E. government and all western governments at the time," he said. "Since there has been increased unrest in Libya starting in 2012, Mr. Alaradi has nothing to do whatsoever with the political situation there." The U.A.E. was part of the NATO-led coalition that ousted Gadhafi and has taken a keen interest in the country's future since. Alaradi's case has drawn growing international attention since he and his co-accused went on trial. UN human rights experts last month demanded the U.A.E immediately release him and his fellow detainees. The UN Working Group on Arbitrary Detention also examined the men's cases and cited advocates for the detainees alleging that the men had been deprived of sleep for up to 20 days, beaten on the hands and legs and suffered "electric shocks with an electric chair." The scrutiny seems to be having an impact, Champ said. "I think the contrast between the human rights violations that are occurring against these men and the reputation that the U.A.E. likes to project to the world is really what's on display here," he said. "Hopefully we're going to see a fair process the rest of the way here and Mr. Alaradi will be acquitted." A spokeswoman with Global Affairs said Canada was urging the U.A.E. to ensure Alaradi received a fair and transparent trial. "The government of Canada is seized of the seriousness of Mr. Alaradi's case and is fully engaged in efforts to ensure a prompt and just resolution," said Rachna Mishra, who noted that Canadian officials "at very high levels" have raised concerns about Alaradi's well-being. Alaradi will be back in court on April 11. (source: cp24.com) EGYPT: Request to remove judge in 'Rabaa Operations room' case refused----On Sunday, the trial was suspended to allow for reviewing the request to remove the judge The controversial "Rabaa Operations Room" case is to be retried after the Cairo Court of Cassation accepted appeals on verdicts issued against 38 defendants in the case. The Cairo Appeals Court refused Monday a request demanding the removal of the judge in the 'Rabaa Operations room' retrial, leading to the continuation of the case after it was suspended for one day. The demand was presented to the court by the defence team of Mohamed Badie, supreme guide of the now-banned Muslim Brotherhood, arguing the flawed legal status of the court. As a result of the refusal, Badie will have to pay a fine of EGP 2,000. On Sunday the court decided to look into the demand and suspended the retrial. The retrial involves at least 50 defendants, including prominent Muslim Brotherhood members, such as former spokesmen Mahmoud Ghozlan and Gehad El-Haddad. A number of the detainees in the case have gone on hunger strike, including US citizen Mohamed Soltan, who was reportedly on hunger strike for over 300 days. Soltan is currently in the US after being deported following his rescinding of his Egyptian nationality. The defendants in the case include 14 journalists and media workers, 13 of whom received life sentences and one who received the death penalty. These include board members of the Rassd news network Abdullah Al-Fakharany and Samhy Mostafa, along with the head of Al-Aqsa channel, Ahmed Sebai, who was sentenced to life in prison. The prosecution accused the defendants of setting up an "operations room" for the Rabaa Al-Adaweya sit-in in 2013 and giving orders to the protesters, which created "nationwide chaos". Also on Monday, Badie stood trial in front of a court at the Police Academy in the case involving post-Rabaa Al-Adaweya sit-in violence in Ismailia. Badie is charged with inciting supporters to burn government buildings. The case will continue on Tuesday. He is also a defendant in several cases where he is charged with committing and inciting violence. (source: Daily News Egypt) SAUDI ARABIA: Sick public beheadings & female beatings which aren't ISIS - but UK's FRIENDS Saudi Arabia----BRITAIN'S special relationship with Saudi Arabia has been brought into question ahead of a sickening documentary exposing the brutal and oppressive life under the totalitarian nation. The shock footage shows numerous public beheadings Horror footage, revealed in a documentary to be broadcast tomorrow, shows five headless bodies - said to belong to robbers - hanging on a pole as a reminder to the public not to step out of line. They were said to have been left there for days. In another brutal example of Saudi Arabia oppression a woman is held down on a roadside while a policeman decapitates her with a sword. The victim, who screams "I did not do it" just before her executions, had been convicted of killing her stepdaughter. The documentary includes interviews with those living under the brutal dictatorship, where women are considered 2nd class citizens. They bravely speak out against the regime risking the wrath of the state where blasphemy is punishable by stoning. Leading politicians have recently criticised Britain's relationship with the Islamic state and the latest revelations will put even more pressure on the Government to act. In January Liberal Democrat Tim Farron called for a debate on the issue after it was revealed 47 prisoners were executed in 1 day. ***************** New documentary features public beheadings in Saudi's 'brutal' regime -- The documentary called Saudi Arabia Uncovered also features never seen before footage from the country. A woman clad in black burqa is surrounded by Saudi policemen on a street in Mecca, they hold her down to the ground as she desperately screams 'I did not do it', her voice almost like that of a trapped animal. One of the men dressed in white robes then brandishes a sword as she continues screaming. He beheads her with one stroke and her blood is splattered across the road and the screams die. This is a real and chilling public execution that is just one of the stark brutal scenes in a new documentary that aims to expose some 'brutal' realities of Saudi Arabia. The woman was convicted for killing her stepdaughter and decapitated in the middle of a road. The video had caused much anger in the country, not over the beheading but over the fact that it was recorded and could be seen by her family. A new documentary called 'Saudi Arabia Uncovered' which will be aired this week for the first time, is the effort of men and women who did extensive undercover reporting to show the world the brutality of Saudi regime. While most of us have heard that Saudi Arabia is notorious for its public beheadings, watching the blood-curdling life executions, make it more real and terrifying. The film shows how those accused of crimes are made an example of and the public is not allowed to forgive or forget their crimes easily. The legal system in Saudi Arabia is based on Sharia and the death penalty is handed out for a number of crimes including adultery, murder, armed robbery, drug-related offences, alleged sorcery, rape and apostasy from Islam. Another footage in the documentary shows five bodies hanging from a pole that is held in mid-air by 2 red cranes. They were a gang of robbers who were first executed and then their bodies were tied and suspended from the pole for days as a chilling reminder for citizens to see what happens to those who choose a life of crime. While some of the footage in the documentary are already in public domain, it features some rare and never seen visuals and tells the untold stories of men and women who dared to raise their voice against the regime and paid with their lives for their courage. The film is already facing pressure and a Saudi women's rights activist Loujain al-Hathloul has been receiving death threats for being a part of the documentary. Hathloul had earlier been jailed for posting a video of herself driving a car, as women are not allowed to drive in the country despite having attained the right to vote, if only recently. The yet to be aired documentary could rattle the power corridors in the highly secretive and notorious Muslim country and it would not come as news if Saudi authorities try to pressure its allies from banning the screening of the film in coming days. The documentary not only speaks of the barbaric crime and punishment systems but also exposes what is being taught to young boys and girls inside Saudi mosques. A cameraman who was shooting secretively asks a boy what he is taught and pat comes a horrifying reply, 'All Christians must be punished with death until none of them are left, they should all be beheaded.' The film also shows a preacher who was secretly filmed giving hate-filled messages about non-Islamic religions and asking Allah to finish all those that do not believe in Muslim faith. The documentary is being produced by ITV and the Public Broadcasting Service and will be aired in US on March 29. (source for both: The Express) PHILIPPINES: Pro and con of death penalty: Poe, De Lima give their view Presidential candidate Sen. Grace Poe said her interaction with the public during provincial sorties had prompted her to reassess her stand on the reimposition of the death penalty. During the 2nd PiliPinas Debate in Cebu on Sunday, Poe and Davao City Mayor Rodrigo Duterte declared their support for capital punishment, while rivals Vice President Jejomar Binay and Liberal Party standard bearer Mar Roxas were opposed. Poe said she was previously opposed to the return of death penalty which was abolished by President Gloria Macapagal-Arroyo in 2006. She said she changed her mind after going around the country the last few months, during which the public pulse was overwhelmingly for the return of the death penalty but only for a select group of criminals. "I believe that if we cannot stop the rise of criminality in the country and we have to impose strict rules, I am [for the reimposition of the death penalty] only for heinous crimes, drug pushers and repeat offenders," Poe said in an interview after the debate. The senator said she believed there were some people who could not be rehabilitated and must be made an example "no matter how much it would hurt inside" to instill fear in others. Fix justice system first Poe, however, said she would not rush the reimposition of the death penalty because she wants to fix the justice system to ensure the poor would not be abused by the rich and powerful. She said she would make sure that the poor would have access to legal representation by increasing the budget of the Pubic Attorney's Office to attract more brilliant lawyers to work for the state. "It is up to Congress to do that because a president cannot just go out and reimpose it. If we cannot stop crimes, we have to have this in place," she said. But former Justice Secretary Leila de Lima, a Liberal Party senatorial candidate the reimposition of the death penalty, saying the state had the responsibility to offer reformation programs for all criminal offenders. "No empirical evidence anywhere [in the world] has suggested that the death penalty deters crime," De Lima said in a statement. "The death penalty should be abolished not only because there is no correlation between this punishment and crime deterrence, but also [because] its effects are basically irreversible," she said. De Lima, a former Commission on Human Rights chair, said criminals should be given a chance to "become reformed members of society." Punishment enough Putting individuals behind bars for life without parole is punishment enough for those involved in the illegal drug trade, human trafficking, sex-related offenses, serial killings and mass murders, she said. Instead of implementing the death sentence, she said the government should institute measures for a "modern and simplified criminal code" to ensure higher conviction rates of cases brought against perpetrators of heinous crimes. "We should also note that the CHR has said that most of those convicted belong to the lower classes, the poor and disadvantaged, financially unable to pay for their own counsel, relying only on the courts to provide them with legal counsel," De Lima said. She noted that a study conducted by the Free Legal Assistance Group showed that more than half of those who were on death row were poor. "(W)e need to ensure the justice system indeed works by having a truly independent judiciary which can decide on cases with the highest integrity and ensure a speedy trial," De Lima said. She said the government should also hire "efficient prosecutors who can closely collaborate with investigating bodies and other law enforcement units for a strong case buildup, and a law enforcement sector that will implement the law to the letter." (source: inquirer.net) BANGLADESH: 2 get death penalty for killing street boy A Dhaka court has sentenced 2 people to death for brutally killing a street boy 13 years ago. Dhaka First District and Sessions Judge SM Saiful Islam passed the order on Monday in the presence of the convicts. The convicts are Md Anwar Hossain alias Md Rajib alias Golam Rabbani alias Sankar Chandra Devnath and Md Zakir Hossain. According to the case statement, Sankar along with Zakir picked up a street boy from Kamlapur Railway Station alluring that he would be given new clothes. Later, he was taken to Bhawal forest of Gazipur and killed the street boy on April 9, 2005. "They split the body into 2 parts. Later, they were held by police at Kamlapur Railway Station while returning to Dhaka with the head of the body in a bag," read the statement. Sankar was a tailor by profession. He was tailoring at Narindra Tailors in Old Dhaka. Sankar was involved in a conflict with another tailor Abdur Rab, tailor master of Suja Tailors located near at Grand Hotel in Paltan in the capital. Sankar killed the boy to realize Tk50,000 extortion from Abdur Rab showing the head of a body. Before that, he was caught red handed by police with the head of the body of the ill-fated street boy. (source: Dhaka Tribune) From rhalperi at smu.edu Tue Mar 22 16:50:46 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 22 Mar 2016 16:50:46 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, DEL., VA., N.C., MO., CALIF. Message-ID: March 22 TEXAS----impending execution High court refuses to spare man from texas execution The U.S. Supreme Court has refused to block the execution of a Texas man who killed a city code enforcement worker in 2005. Attorneys for 33-year-old Adam Ward argued a high court ban on executing mentally impaired prisoners should be extended to him because he is severely mentally ill. The court previously has ruled mentally ill offenders may be executed as long as they understand they are being punished and why. The ruling came just hours before Ward is scheduled to be executed Tuesday evening. He was convicted of killing 44-year-old Michael Walker in Commerce, about 65 miles northeast of Dallas. Walker had been taking photos of junk piled outside the Ward family home when he was fatally shot. (source: Associated Press) **************** Exoneree's amazing story of giving back If there's anyone who deserves to be bitter about the injustices done to him, it's Anthony Graves. No one would blame him if he took the $1.5 million in apology money the state gave him after falsely imprisoning him for 18 years for a crime he didn't commit and focused solely on himself. Instead, he deserves high praise for taking a good chunk of that money in the 6 years since his release and using it - and a lot of his time and energy - for good. As Dallas Morning News reporter Brandi Grissom points out in her recent news story, his life is now about helping free other wrongly accused inmates and providing needed services to help others ease their re-entry to society. It's amazing that he has come out of this egregious miscarriage of justice without apparent resentment or anger - especially considering he twice faced execution dates in his 12 years on death row. His motivation: "I wanted to make a difference." He's sure working hard at that. Graves' exoneration is well-chronicled by now: Prosecutors never established a plausible motive linking him to the 1992 heinous deaths of 6 people who were shot, bludgeoned and stabbed to death in Sommerville, Texas, near Bryan. The case led to the disbarment of former Burleson County District Attorney Charles Sebesta who withheld key evidence and elicited false testimony in the case. The case underscored why - since 2007 - this newspaper called for a moratorium on the death penalty. It's both an imperfect punishment - exonerations like Graves' prove its fallibility - and irreversible. What's lesser-known is the promising work that Graves has done in Houston and throughout the state through his fledgling Anthony Graves Foundation. Here's what he's been up to: - Graves opened a health clinic this month to provide low-cost and free care to those leaving prison and their families at the foundation's Houston offices. - His innocence project takes on cases similar to his - the labor-intensive ones that many other innocence projects won't take up when there's no DNA-evidence to re-evaluate. - The foundation provides counseling, job training, food and housing help for freed prisoners who have no family to go home to. Unfortunately, we've had so many exoneree stories and they sometimes tend to run together. But Graves' case continues to stand out. There's no way the state can reimburse Graves for what it took from him. When he was released, at the age of 45, his 3 sons - who were children at the time of his arrest - were grown, with children of their own. The least we - and those working to improve the criminal justice system in Texas - can do is learn more about his work and support him. He deserves that. (source: Editorial, Dallas Morning News) ************** Denton pastor to protest Holy Week execution Denton activist pastor Jeff Hood said he plans to get arrested tonight in Huntsville, where he will protest the execution of convicted murderer Adam Ward. The execution, scheduled for 6 p.m., falls during Holy Week, which ends the Christian observance of Lent with Easter. Hood said he wanted to deepen his protest of the execution in part because it falls on the holiest week of the Christian calendar. "I'm going to walk past the barrier that keeps the protestors from the entrance," Hood said. "I'll kneel, and if nothing happens, I'll just keep walking toward the entrance until they arrest me." Hood said it's possible that the guards watching over the prison unit that houses the death chamber might point a rifle at him as he calmly passes the barrier. A photographer accompanying Hood will likely catch the gesture. "If that happens, I want to capture that image," Hood said. "I want to show how far the state will go to execute someone." Hood is on the board of the Texas Coalition to Abolish the Death Penalty, an issue he's been devoted to for the last 4 years. The pastor has walked hundreds of miles to protest Texas capital punishment, and he regularly visits death row inmates to minister to them. Adam Ward was convicted and sentenced to death after he shot and killed Commerce code enforcement officer Michael Walker in 2005. Ward???s defense has appealed his sentence, arguing that the inmate suffers from severe mental illness. Hood said that he sees part of himself in Ward. The pastor, now in his 30s, has bipolar disorder and has taken medication for the mental illness since he was 24 years old. Hood said he sees the execution of Texas prisoners as "a re-enactment of Holy Week." Death row inmates are permitted a final meeting with friends and family in their unit in Livingston. They can share snacks from a vending machine, Hood said, and have "a sacramental moment around the last meal." The pastor imagines the trip to the death chamber as a shadow version of the Passion playing out. "They're taken to Huntsville," he said. "They're paraded through the streets. They are brought to the death chamber in Huntsville. They are walked through halls up to the space. They have to climb up onto the gurney, their arms are extended and they are executed. Their skin is pierced with metal. They are taunted, in some ways, before the execution. There are witnesses - sometimes their family is there. The last thing you hear in that chamber is the pronouncement of death." While he doesn't expect his protest to halt the execution, Hood said he has felt called to "go deeper" in his protest, which he considers a spiritual discipline. He found examples for his plans in both the story of a Buddhist monk in Dallas and in the Bible. The monk told Hood the story of walking and talking with his mentor in downtown Dallas. The 2 men turned a corner and saw a group of men beating a man. The monk told his mentor he would call 911. The mentor intervened, Hood said. "He looked at the situation ... and said 'wouldn't it be more fun to beat up a couple of Buddhist monks than this guy?'" Hood said. "That story has always demonstrated to me that the call of faith, the call of divine living, spiritual enlightenment - whatever you want to call it - is about placing our body between the oppressed and the oppressor. And I count it as a sacrament every time I feel called to do that." He looks to the Book of Matthew for guidance, too, and says the chapter commands Christians to minister to the most vulnerable members of society. "Look at death row. It doesn't get much more vulnerable than that," he said. In his work ministering to death row inmates, Hood said he's met men who grew up in poverty, burdened by mental illness, systemic racism, broken families and addiction. Hood has to confront the horrors the inmates have committed in his ministry, including the murders of children. Hood is a husband and father of 5 young children. "We execute someone who sexually abuses and kills a child," he said. "Someone who bankrupts our economy and destroys the lives of millions of children? Our value system is so screwed up, and so I think the call to follow Jesus is one of not only to place our bodies between the oppressed and the oppressor, but also pushing back against this entire paradigm, that human value is based on human actions. That's not the message of Grace." Hood is no stranger to the activist pulpit. The minister, who earned his theological training in a Baptist seminary, planted a short-lived church in Denton to minister to gay, lesbian, bisexual and transgender seekers, and preached what he calls "queer theology." He later served the Cathedral of Hope, which is said to be the world's the largest liberal Christian church with an outreach to LGBT residents in Dallas. Last August, Hood was an outspoken advocate for an investigation into the death of Joseph Hutcheson, who died in police custody in the lobby of the Dallas County Jail. The Dallas County Medical Examiner's office ruled the death a homicide. Ward is to be executed by lethal injection. It will be the 5th execution this year in Texas, which has executed more offenders than any state since the U.S. Supreme Court reinstated the death penalty in 1976. (source: Denton record Chronicle) DELAWARE: Judge won't reconsider former death row inmate's bail Former death row inmate Chauncey Starling's bail will not be reconsidered as he awaits a retrial for the 2001 murder of a young boy and man in a Wilmington barbershop. Superior Court Judge Andrea L. Rocanelli ruled Monday that Starling will not get another proof positive hearing. This means a 2002 decision to hold him in prison without bail will remain. Starling was sentenced to death in 2004 for the murder of Damon J. "DJ" Gist Jr., 5, and Darnell Evans, 28, in the Made 4 Men barbershop at Fourth and Shipley streets. The Delaware Supreme Court in mid-December overturned Starling's death sentence and granted him a retrial, citing mistakes made in his 1st trial by both the defense and prosecution. Soon after the ruling, his defense attorneys requested a court hearing to determine if Starling is eligible for bail in light of his conviction being overturned. Death penalty repeal bill stalled for high court ruling They argued that he should be granted the new hearing because of the passage of time, but the state opposed their request, Rocanelli wrote. "The mere passage of time, albeit substantial, does not reflect the type of 'changed circumstances' reflected in Delaware Supreme Court case law that warrants reconsideration under the Doctrine," Rocanelli wrote. Starling's attorneys also argued that a new hearing should be granted because of the Delaware Supreme Court's current review of the constitutionality of Delaware's death penalty statute. President Judge Jan R. Jurden issued a temporary stay on all pending capital murder trials as the court considers Delaware's law in light a recent U.S. Supreme Court ruling striking down a portion of Florida's law. The court rejected the notion that the Delaware Supreme Court's review should impact his bail status. "Second, the fact that the State may not be able to proceed on capital charges against Defendant at some point in the future - pending the Supreme Court's determination on the constitutionality of the death penalty - is too speculative to warrant a new proof positive hearing at this point in the proceedings," Rocanelli wrote. (source: delawareonline.com) VIRGINIA: Lawyer: Man accused of killing Officer Ashley Guindon is mentally impaired An Army staff sergeant charged with shooting and killing a newly sworn Virginia police officer is mentally impaired as a result of his two tours in Iraq, his defense lawyer said Tuesday. Ronald Hamilton, 32, of Woodbridge, is charged with capital murder for the Feb. 27 shooting death of Prince William County police officer Ashley Guindon, who was working her 1st shift after being sworn in. At a pretrial hearing in Prince William General District Court, Hamilton's lawyer, Ed Ungvarsky, said he expects Hamilton's state of mind to be a major issue going forward, though he did not commit to pursuing an insanity defense. "After serving 2 tours in Iraq, Sgt. Hamilton presents as a psychologically damaged and mentally impaired person," Ungvarsky told Judge Robert Coleman. Prosecutors say Hamilton shot Guindon and 2 other police officers who responded when Hamilton's wife called 911 for help. Crystal Hamilton was found shot dead in her home. The 2 other officers who were shot, Jesse Hempen and David McKeown, survived. Court records indicate that Hamilton confessed to the shootings. Neither Ungvarsky nor Prince William County Commonwealth's Attorney Paul Ebert would comment on Hamilton's mental health after Tuesday's hearing. Ethical guidelines bar attorneys from discussing potential evidence in the case outside of court. Ungvarsky's comment came as he argued multiple pretrial motions, including a request for a gag order on all the lawyers in the case, and a request that would bar prosecutors from using a search warrant to obtain Hamilton's personal records, such as health records and phone records. Ungvarsky said prosecutors should instead be required to seek such records through a subpoena, a process that would allow defense lawyers to object to anything they deemed improper. Coleman rejected all of Ungvarsky's requests, saying he lacked authority as a district judge with limited jurisdiction to grant them. A preliminary hearing is scheduled for next month, and if a judge finds probable cause, the case will be sent to a grand jury for an indictment and then to Circuit Court for a trial. If convicted, Hamilton could get the death penalty. (source: Associated Press) ******************** Appeals court hears Virginia death row inmate's case A Virginia prisoner who killed 2 people during an escape was improperly denied a chance to show that he wouldn't do it again if spared the death penalty, his lawyer told a federal appeals court Tuesday. Attorney Jonathan P. Sheldon said the trial judge should have allowed an expert witness to testify that William Morva would not endanger other inmates or prison guards if sentenced to life without parole. The jury had cited "future dangerousness" as the aggravating factor in sentencing Morva to death for the 2006 slayings. Virginia Senior Assistant Attorney General Alice Armstrong argued that the U.S. Supreme Court has never required a trial judge to allow the kind of expert testimony sought by Morva. The appeals court typically issues its decision several weeks after hearing arguments. Morva was in jail awaiting trial on attempted-robbery charges in 2006 when he was taken to a Blacksburg hospital for treatment of an injury. He overpowered a Montgomery County deputy sheriff in the hospital and used the deputy's pistol to shoot unarmed security guard Derrick McFarland. Morva shot Cpl. Eric Sutphin of the sheriff's department 1 day later on a walking trail near the Virginia Tech campus, which had been shut down on the 1st day of classes as police tracked the escapee. Sheldon also argued in court papers that Morva's trial attorneys failed to adequately investigate their client's background, but Tuesday's hearing focused entirely on the trial court's refusal to allow a psychologist to conduct a prison-violence risk assessment and present the results to the jury. Prosecutors argued during the sentencing phase of the trial that Morva "would kill again if put in prison," Sheldon said. He said the defense expert would have countered with scientific evidence that Morva posed an "exceedingly low" risk of violent behavior. He said every other state that imposes the death penalty based on "future dangerousness" allows such defense testimony, but appeals court Judge Albert Diaz said "that doesn't mean it's constitutionally required." Armstrong said a defendant is entitled to a psychiatric expert only if mental health is an issue, and Morva had an expert for that purpose. (source: Associated Press) NORTH CAROLINA: Death penalty sought in delivery driver homicide case Guilford County prosecutors plan to seek a death sentence if the suspect is convicted in the death of a delivery driver last year. The News & Record of Greensboro reported that prosecutors said Monday they will seek a death sentence against 22-year-old Jeremy Carter of Greensboro. Carter is charged with killing 30-year-old Bakri Khidir Mohamed Khidir last fall. Khidir was a Sudanese delivery driver for an Italian restaurant in Greensboro. Assistant District Attorney Stephen Cole said there is sufficient evidence that Carter killed Khidir in an armed robbery. Armed robbery is one of the crimes that can justify a death sentence under North Carolina law. The owner of the restaurant called sheriff's deputies after finding Khidir dead at the address where he was to make a delivery Oct. 11. (source: WXII news) MISSOURI: Missouri Corrections Department Violated Sunshine Law In Execution Case, Judge Rules ---- Missouri's refusal to disclose records revealing the sources of the drugs it uses in executions violated the Sunshine Act, a judge has ruled. The Missouri Department of Corrections purposely violated the state's Sunshine Law when it refused to turn over records revealing the suppliers of lethal injection drugs for executions, a state court judge ruled late Monday. Cole County Circuit Judge Jon E. Beetem's decision came in 3 parallel cases, including one brought by 5 news organizations: The Kansas City Star, The St. Louis Post-Dispatch, the Springfield News-Leader, The Guardian and the Associated Press. Beetem last July ordered the DOC to disclose the names of the pharmacies from which it buys lethal injection drugs. But the issue remained moot while he reviewed the records in question to see if they needed to be redacted in order to protect the identities of members of the execution team. On Monday, Beetem ruled that while an exemption in the Sunshine Law protects the identities of the doctor and nurse who are present during the execution as well as non-medical personnel who assist with the execution and are also present, it does not protect the identity of the pharmacists who supply the execution drugs. He ordered the DOC to produce those records without redactions. He also ordered the DOC to pay the plaintiffs' costs and attorneys' fees. In the news organizations' case, that amounted to $73,335. The state has already indicated it plans to appeal. The Department of Corrections did not immediately return a call seeking comment on Beetem's decision. "At this point, it has cost the state of Missouri more than $100,000 to assert a frivolous position," said Kansas City attorney Bernard Rhodes, who represented the news organizations. "At what point will the state realize that they're wrong and at what cost to the taxpayers will it take before the state realizes they are wrong?" The other lawsuits challenging officials' refusal to provide information about the state's execution protocols were filed by former Missouri legislator Joan Bray, a death penalty opponent, and by the Reporters Committee for Freedom of the Press, the American Civil Liberties Union and Christopher S. McDaniel, formerly of St. Louis Public Radio. The news organizations had sought records from the DOC related to drugs used in the execution of 6 Missouri inmates between October 18, 2013, when the state enacted its current execution protocol, and May 9, 2014, when they filed their lawsuit under the Sunshine Law. Missouri, like other states, has had difficulty finding lethal injection drugs after European and American drug makers began refusing to provide them. The state has resorted to using largely unregulated compounding pharmacies, often keeping the sources of the drugs secret. In their lawsuit, the 5 news organizations said that public disclosure of the source, quality and composition of the drugs "reduces the risk that improper, ineffective, or defectively prepared drugs are used; it allows public oversight of the types of drugs selected to cause death and qualifications of those manufacturing the chosen drugs; and it promotes the proper functioning of everyone involved in the execution process." In his ruling last July, Beetem found that the DOC knowingly violated the Sunshine Law by failing to respond to the news organizations' request in a timely manner, withholding entire categories of documents without justification, refusing to provide redacted records and citing irrelevant portions of the Sunshine Law as justification for withholding documents. The suit was filed not long after the botched execution in Oklahoma of convicted murderer Clayton Lockett. He died of an apparent heart attack 43 minutes after the administration of a 3-drug cocktail. Since the news organizations filed their lawsuit in May 2014, Missouri has executed 13 inmates, Rhodes said. (source: KBIA news) ***************** Missouri ordered to reveal pharmacies that supplied its execution drugs ---- Judge rules in 2-year lawsuit led by the Guardian that pharmacies are not part of execution team and thus not afforded protection from identification The Missouri department of corrections has been ordered to release the names of the two pharmacies from which it bought lethal drugs used in executions, dealing a significant blow to the shroud of secrecy that has been thrown around the death penalty in the state and beyond. Guardian challenges lethal injection secrecy in landmark Missouri lawsuit The final judgment of the circuit court of Cole County heavily criticises the Missouri prisons service for knowingly violating its duty to inform the public about the way it conducts the death penalty. The judge ruled that the pharmacies involved could not be counted as part of the execution team, and thus offered protection from identification, and that as a result the state had to divulge the details of how it obtained pentobarbital for use in the death chamber. For the past 2 years a group of media outlets led by the Guardian has argued in the Missouri courts that under the state's own freedom of information or "sunshine" laws, the department of corrections was obliged to disclose the source of its lethal injection drugs. The Guardian, joined by the Associated Press and 3 prominent local news organizations - the Kansas City Star, the St Louis Post-Dispatch and the Springfield News-Leader - held that it was in the public interest that citizens were aware of how the ultimate punishment was being wielded in their name. Judge Jon Beetem excoriated the department of corrections for refusing to hand over to the media plaintiffs key documents that identified the pharmacists involved. The judge ruled that the DOC had "knowingly violated the sunshine law by refusing to disclose records that would reveal the suppliers of lethal injection drugs, because its refusal was based on an interpretation of Missouri statutes that was clearly contrary to law". Beetem ordered the prisons service to pay the plaintiffs $73,335 in legal costs. He also ordered the state to hand over all relevant documents, though he stayed that requirement pending appeal. Missouri has indicated that it will do so. The Guardian was represented in the legal action by the Media Freedom and Information Access Clinic at Yale Law School, along with Bernard Rhodes of Lathrop & Gage LLP in Kansas City, Missouri. "Without this information, the public is unable to exercise meaningful oversight of the executions carried out in its name," Rhodes said. "One of the primary purposes of a free and independent press is to perform a watchdog function over government activities, and this lawsuit is a perfect example of that." In recent times, Missouri has been one of the most aggressive death penalty states in terms of its determination to carry out executions. Last year it put to death 6 prisoners, behind only Texas which judicially killed 13. Since the Guardian's litigation was first lodged, 13 inmates have been put to death by Missouri - going to their deaths without them or the public having any idea of where the drugs used to kill them came from, nor of their quality. All that was known was that the pentobarbital probably originated a compounding pharmacy, an outlet that makes up small batches of the drug to order, normally for cosmetic purposes. Along with most other active death penalty states, Missouri has increasingly wrapped itself in secrecy in an attempt to get around a powerful European-led boycott that has blocked trade in lethal injection drugs to US prison departments on ethical grounds. In order to circumvent the stranglehold, states have taken to hiding the identity of pharmacists and medical laboratories involved in selling and testing the drugs for use in executions. As the boycott tightened, death penalty states turned to ever more extreme - and in some cases bizarre - supply routes. Last year, BuzzFeed tracked down one such illegal supply line to an office complex in Kolkata, India. The danger of carrying out the death penalty while withholding from the public the nature and the source of the drugs used was underlined by a succession of botched executions in which gruesome scenes were witnessed on the gurney. They included the execution of Clayton Lockett in Oklahoma in April 2014, in which the prisoner took 43 minutes to die, apparently in great pain, from an untested cocktail of drugs whose source was not made public. Ben Picozzi, a law student intern at Yale's Media Freedom and Information Access Clinic, said the lawsuit went to the heart of the issue of public oversight. "Hopefully this will serve as a deterrent to the department and other government bodies from committing similar violations in the future," he said. (source: The Guardian) CALIFORNIA: Suspect in deaths of 2 men near Roseville returns to court Joshua Daniel Smith will return Friday to court after a second delay to secure an attorney for the Sacramento man suspected of killing 2 men who were shot and set on fire last June near Roseville. Along with the murder charges, Smith also faces allegations of committing the crimes in service to a criminal street gang, using a gun and laying in wait - the latter giving Placer County prosecutors the option of seeking the death penalty. Smith appeared in Placer Superior Court Tuesday in Auburn. Placer County District Attorney's prosecutors allege Smith, 38, is a Norteno gang member and shot Jason John Benson, 33, and Warren Alexander Galsote, 34, in the head on rural Annabelle Avenue between Roseville and Granite Bay June 25, 2015, before soaking the still-alive men with gasoline and setting them ablaze. Prosecutors say Smith targeted Galsote because he had witnessed a crime. The men later died at an area hospital. Defense attorney Martin Jones of Ciummo & Associates, the county's Madera-based public defense contractor, initially called for a week's delay at Smith's 1st appearance on Monday. Jones said the firm had reached the negotiated limit of homicide cases its attorneys are able to accept in Placer County. But Placer Superior Court Judge Angus Saint-Evens ordered the parties back to his Placer County Jail courtroom on Tuesday where the judge appointed Jones until another attorney is selected to represent Smith in the potential capital case. Smith has been held without bail in Auburn since his arrest last Thursday at Sacramento County Main Jail, where he had been held on other charges since July, according to Placer County Sheriff's officials. Sacramento Superior Court records show Smith has been in and out of Sacramento County custody for more than 2 decades, arrested nearly a dozen times on offenses ranging from burglary to auto theft and assault. A no-bail warrant for his arrest was issued by Placer County in February, sheriff's officials said. (source: Sacramento Bee) From rhalperi at smu.edu Tue Mar 22 16:52:37 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 22 Mar 2016 16:52:37 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 22 INDIA: Gandhi Tried His Best to Save Bhagat Singh's Life The 85th death anniversary of Shaheed Bhagat Singh, the revolutionary icon of the freedom struggle, who attained martyrdom at the young age of 23, falls on March 23, 2016. Alongwith Sukhdev and Rajguru, Bhagat Singh was hanged to death less than a week before the commencement of the Karachi session of the Indian National Congress, on March 29, 1931, a landmark event of India's freedom struggle in which economic freedom was equated with political freedom. The year 1928 was marked by an anti-Simon Commision upsurge everywhere in India. On 30 October 1928, the Simon Commission faced a large hostile crowd led by Lala Lajpat Rai at Lahore Station. The Lala was severely beaten by the Police under J. A. Scot, British SP and he later succumbed to his head injury. The whole nation was stunned by this savagery. As news of the attack on Lajpat Rai spread, the country reacted with anger. Bhagat Singh was appalled. He could not believe that a white man could dare take a stick in hand and set upon Lajpat Rai. The HSRA (Hindustan Socialist Republic Army) decided to undertake retaliatory action. On 17 December, Bhagat Singh, Rajguru, Sukhdev and Chandra Shekhar Azad mistook the ASP, J.P.Scot for Saunders, as they pounced upon him and shot him dead. A few months later, on 8 April 1929, Bhagat Singh and Batukeswar Datta threw a bomb in the Central Legislative Assembly Hall in Delhi. It was hurled from the midst of a packed gallery, not aimed at anybody, but to draw the attention of the House, the Indian people and the British rulers in India. As Bhagat Singh and Batukeswar Dutt had planned not to escape after throwing the bomb, they were arrested. While Dutt was sentenced to transportation for life in the Assembly Bomb Case, Bhagat Singh, alongwith Rajguru and Sukhdev, was sentenced to death for the murder of Saunders in what became famous as the Lahore conspiracy case. While in jail, Bhagat Singh took up the cause of bettering jail conditions and commenced a hunger strike. The Jail Committee requested Bhagat Singh and B.K. Dutt to give up their hunger strike but they declined. As the fast continued indefinitely with no solution in sight, Jawaharlal Nehru visited Bhagat Singh and the other hunger strikers in jail. Nehru gives an account of his visit in his Autobiography: "I saw Bhagat Singh for the 1st time, and Jatindranath Das and a few others. They were all very weak and bed-ridden and it was hardly possible to talk to them much. Bhagat Singh had an attractive, intellectual face, remarkably calm and peaceful. There seemed to be no anger in it. He looked and talked with great gentleness." Finally, it was Bhagat Singh's father who had his way. He came armed with a resolution by the Congress urging them to give up the hunger strike. The revolutionaries respected the Congress party because they knew of its struggle for India'a freedom. They called Gandhi 'an impossible visionary' but they saluted him for the awakening he had brought about in the country. As days of execution of Bhagat Singh and his comrades drew near, appeals from all over India, from all sections of people poured in, usually addressed to the Viceroy asking him to stay the execution. Gandhi met Irwin on i9th March and pleaded for the reprieve of Bhagat Singh and his two colleagues from the death sentences to which they had been condemned. He reinforced this oral request with a powerful appeal to the charity of a "great Christian" in Young India. Bhagat Singh, Rajguru & Sukhdev were hanged to death on March 23, 1931. As the news of Bhagat Singh's execution spread the nation went into mourning. There were processions throughout the country. Many went without food. People wore black badges and shut down their businesses to express their grief. A pall of gloom hung over the Motilal Nehru pandal at the annual Congress session in Karachi. When the session was scheduled for 29 March, 1931 nobody had an inkling that Bhagat Singh, Sukhdev and Rajguru would be hanged 6 days ahead of schedule. A procession to be led by president-elect Sardar Vallabhbhai Patel was abandoned in grief. Jawaharlal Nehru sponsored a resolution which was seconded by Madan Mohan Malviya. According to Kuldip Nayar in 'The Life and Trial of Bhagat Singh': "Gandhi chose Nehru to pilot the resolution because he was popular among the youth. Patel was heckled." A part of the resolution read: "This Congress while dissociating itself from and disapproving of political violence in any shape or form, places on record its admiration of the bravery and sacrifice of the late Sardar Bhagat Singh and his comrades, Sukhdev and Rajguru, and mourns with the bereaved families the loss of these lives. This Congress is of the opinion that this triple execution is an act of wanton vengeance and is a deliberate flouting of the unanimous demand of the nation for commutation." What soothed the emotions was a speech by Bhagat Singh's father, Kishen Singh. Delegates wept loudly and openly as Kishen Singh recalled Bhagat Singh's words: "Bhagat Singh told me not to worry. Let me be hanged. But he made a fervent appeal: 'You must support your general (Gandhi). You must support all Congress leaders. Only then will you be able to win independence for the country.'" Subhash Chandra Bose had told Gandhiji that they should, if necessary, break with the Viceroy on the question of Bhagat Singh and his 2 comrades: "Because the execution was against the spirit, if not the letter, of the Delhi pact." Still, Netaji added: "It must be admitted that he (Gandhi) did try his very best." Gandhi's secretary, Mahadev Desai also quoted the Mahatma as saying : "I was not here to defend myself and hence I have not placed the facts as to what I have done to save Bhagat Singh and his comrades. I have tried to persuade the Viceroy with all the methods of persuasion I had. After my last meeting with the relatives of Bhagat Singh, on the appointed date, that is , 23rd morning, I wrote a personal letter to the Viceroy, in which I had poured in my whole being-heart and soul-but it has all gone in vain... Pandit Malaviyaji and Dr Sapru also did their utmost." Lord Irwin took the public into confidence on his reasons for rejecting Gandhi's appeal. In his farewell speech on 26th March, 1931, Irwin said: "As I listened the other day to Mr. Gandhi putting the case for commutation formally before me, I reflected first on what significance it surely was that the apostle of non-violence should so earnestly be pleading the cause of devotees of a creed fundamentally opposed to his own, but I should regard it as wholly wrong to allow my judgment on these matters to be influenced or deflected by purely political considera-tions. I could imagine no case in which under the law the penalty had been more directly deserved." The jail diary of Bhagat Singh makes for an interesting historical reading. He wrote shortly before his death : "They (the youth) should aim at a Swaraj for the masses based on socialism. That was a revolutionary change which they could not bring about without revolutionary methods..." Bhagat Singh exhorted Punjab's youth to follow Nehru. He called Nehru and Bose as a "redeeming feature of the freedom struggle" during the 1920s. In his last letter to his youngest brother, Kultar, he quoted the popular Urdu couplet: Khush raho ahle watan hum to safar karte hain (Goodbye, dear countrymen, we proceed on our journey). (source: The New Indian Express) NIGERIA: Osun Assembly plans death penalty for kidnapping Speaker of Osun House of Assembly, Mr Najeem Salaam, said the assembly would soon review the state???s criminal law to provide for death penalty for kidnapping in the state. Salaam made this known when the new Commandant of Nigerian Security and Civil Defence Corps (NSCDC) in the state, Mr Ayodele Olusola, visited him in his office in Osogbo on Tuesday. He expressed optimism that the review would discourage kidnapping and other associated vices in the state. According to him, the assembly wants to be proactive in making laws that will protect lives and property in the state. On upcoming House of Assembly bye-election in Ife Central, Salaam urged the NSCDC commandant to provide adequate security for the electorate before, during and after the election. "I want to urge you to ensure violence-free election. "We don't want bloodshed before, during and after the election, and that is why I am pleading with you to mount surveillance around lfe," he said. The bye-election is as a result of the death of Mr Dejo Makinde, who was representing the constituency. Makinde, who died in December, 2015 was a member of the Peoples Democratic Party (PDP) and minority leader of the house. Earlier, Olusola said that the NSCDC command in the state would do the needful to protect lives and property before and during the election. He added that the command would continue to execute its mandate of protecting government facilities at all times. (source: The News) *********** Killer of 12 policemen to die by hanging, court rules One of the killers of 12 policemen who were ambushed and shot dead along the creeks of Lobia 2 community, Southern Ijaw, Bayelsa State, on April 5, 2013, has been sentenced to death by hanging. The Oporoma Judicial Division of the High Court sitting in Yenagoa, the state capital, slammed the capital punishment on the accused person, Jackson Feutuboba, known along the creeks and waterways as Jasper. The 2013 victims were deployed by the state police command, then headed by Kingsley Omire (retd) to provide security for the funeral of the late mother of an ex-militant leader, Mr. Kile Torughedi, popularly known as Young Shall Grow. Torughedi who was the commander of the South Wing of the Movement for Emancipation of Niger Delta (MEND) from 2002 till 2009 when he embraced the amnesty for repentant militants was then serving as the Senior Special Adviser to Governor Seriake Dickson on Marine Waterways Security. The slain policemen were escorting dignitaries to the wake of the deceased when the gunmen attacked them. The gunmen killed 12 out of 15 of them and held 1 of them hostage for ransom. Jasper and 2 others have been standing trial for their murder. The court ruled that the prosecution proved its case beyond every reasonable doubt and found Jasper guilty on all the 11 counts. He was particularly arraigned for killing one Police Inspector, Joseph Ofozini. The prosecution told the court that the accused person had over 5 cases in various courts bothering on kidnapping, sea piracy and involvement in the death of the policemen. The presiding Judge, Justice M.A Ayemieye, took into consideration the nature of the offence, the passionate plea for mercy made by the defendant's lawyer. But the judge concluded that the sentence for murder is death and it is mandatory. Justice Ayemieye ruled and sentenced the accused to death by hanging. The police prosecutor, Arthur Andrew Seweniowor, said if the accused failed to appeal the sentence in three months, the governor would sign his death warrant and he would be hanged. The accused lawyer, Efieseimokumo Bipelede earlier pleaded with the court to tamper justice with mercy saying the accused person is a family man with 5 children. He said imposing the maximum penalty would truncate the destiny of all the children whom he described as minors. He urged the court to convert the punishment to prison sentence. The court discharged and acquitted the second accused person identified as ThankGod Clinton Ezetu for lack of evidence. (source: thenationonlineng.net) ST. KITTS/NEVIS: PM Harris reminds no abolishment of death penalty With the Federation's continuing fight against the scourge of gun crimes, Prime Minister Dr. the Hon. Timothy has reminded the nation that the death penalty is not off the books. Addressing media representatives at his recent press conference, Dr. Harris explained that there was no consideration for the removal of that piece of law from the books. "The law is there and at times people seem to forget that the death penalty has not been abolished, and it is a matter for the courts to impose in their wisdom. But the death penalty still remains on our books." Currently, St. Kitts and Nevis has recorded 9 homicides for the year; 6 in January and 3 in March. To this end, PM Harris stressed that "this government has no intention of removing it in the immediate future". Just last year, an advocacy group along with a number of European Union officials had called for regional leaders to abolish the law. St. Kitts and Nevis is one of 11 countries in the Caribbean and also one of 59 in the world that still uses capital punishment for those convicted of murder. Amnesty International, an internationally-acclaimed NGO, has described the use of the death penalty as being "cruel, inhuman and degrading", and as such they strongly oppose its implementation. "Amnesty opposes the death penalty at all times - regardless of who is accused, the crime, guilt or innocence or method of execution," the body said on its website... During a conference held in Georgetown, Guyana in 2015, several EU representatives had lobbied for the law to be scrapped entirely, highlighting the detriments in the case of wrongfully putting someone to death. However, when asked about the overcrowding of facilities in the region and the burden it places on developing countries, one representative indicated that funding could be sought to assist those nations from the European Union. "The European Union provides significant funding to countries in the Caribbean through the European Development Fund and it has three programmatic lines, climate change, regional integration, and crime and security. So we are working with governments in the region to define exactly how these funds will be disbursed and it's an ongoing conversation." The Federation's main penitentiary, Her Majesty's Prison in Basseterre, is overcrowded and Dr. Harris, who is also the Minister of National Security, revealed to reporters that consideration is being given to constructing another facility, but he confessed that they have not done an evaluation on the cost of it as yet. Asked if outside assistance would be sought for construction of the new prison under the EU programme, the Prime Minister indicate that they would first look at providing the resources before going internationally. Meanwhile, in an interview with The St. Kitts and Nevis Observer last year, Dr. Harris had informed that leaving the death penalty on the books would be seen as a discouragement against criminal activities. "It will help to send a strong message that homicides and all of these serious crimes are not to be tolerated...The government at this time will not remove any legislation or any mechanism that could help." St. Kitts and Nevis uses the noose while most developed countries, including the United States of America, use lethal injection or the electrical chair as their means of capital punishment. The Federation last used the noose in 2009 when convicted murderer Charles 'Al' LaPlace was sentenced to death after chopping his wife to death. According to reports, LaPlace had held his wife Diana against her will at a home they once shared in Sandy Point. It is while escaping capture that he reportedly dealt her several chops about her body in the presence of their neighbours. (soruce: sknvibes.com) INDONESIA: Student on drug trafficking charge faces death penalty A student charged with drug trafficking was ordered to be further remanded in prison by a magistrates' court here yesterday as the offence is non bailable. No plea was taken from Ralph Lee Zhen Jie, aged 21. He appeared before Magistrate Zubaidah Sharkawi who ordered him to be remanded in prison at Puncak Borneo here pending further mention of the case on April 19. The student of a private college here is charged with possessing 655 grammes of cannabis (gross weight) when he was detained at 9.45pm on March 13 at a house in Jalan Dogan. Drug trafficking listed under Section 39A(1) (a) of the Dangerous Drugs Act 1952, provides a mandatory death sentence upon conviction. Lee was represented by counsel Roger Chin while DPP Poh Yoh Tinn prosecuted. (source: theborneopost.com) From rhalperi at smu.edu Tue Mar 22 23:17:24 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 22 Mar 2016 23:17:24 -0500 Subject: [Deathpenalty] death penalty news-----TEXAS, S.C. Message-ID: March 22 TEXAS----execution Texas executes man in 2005 murder of city code enforcement worker A Texas man on death row for killing a worker who was on his property looking for city code violations was put to death Tuesday. Adam Ward was given a lethal injection for shooting and killing Michael Walker, a code enforcement officer who was taking photos of junk piled outside the Ward family home in Commerce, about 65 miles northeast of Dallas. Ward had said the 2005 shooting was in self-defense, but the 44-year-old Walker only had a camera and a cellphone. Ward's attorneys, both at his trial and later for his appeals, described him as delusional and mentally ill. Hours before his execution, the U.S. Supreme Court rejected an appeal that argued his mental illness should have disqualified him from the death penalty. The 33-year-old Ward thanked his supporters, expressed love for his parents and said he hoped "some positive change can come from this." But he insisted the shooting was not a capital murder case. "This is wrong what's happening. A lot of injustice is happening in all this," he said. "I'm sorry things didn't work out," he added later. "May God forgive us all." He was given a lethal dose of pentobarbital and as it took effect, he took a deep breath followed by a smaller one. He then stopped moving. He was pronounced dead at 6:34 p.m. CDT - 12 minutes after the drug started to flow into him. Ward became the 9th convicted killer executed this year nationally and the fifth in Texas, which carries out capital punishment more than any other state. In their appeal to the Supreme Court, Ward's attorneys argued the high court's ban on executing mentally impaired prisoners should be extended to include inmates like Ward who have a severe mental illness and that putting him to death would be unconstitutional because of evolving sentiment against executing the mentally ill. The justices have ruled mentally impaired people, generally those with an IQ below 70, may not be executed. However, the court has said mentally ill prisoners may be executed if they understand they are about to be put to death and why they face the punishment. State attorneys, who said evidence showed Ward's IQ as high as 123, said the late appeal did not raise a new issue, meaning it was improper and without merit. They also disputed claims of changing attitudes about executing the mentally ill. Evidence of Ward's delusions, paranoia and bipolar disorder was presented at his 2007 trial and resurfaced in earlier unsuccessful appeals. The Supreme Court last October had refused to review Ward's case. A clemency petition for Ward before the Texas Board of Pardons and Paroles was rejected Friday. In a videotaped statement to police following his arrest, Ward said he believed Commerce officials long conspired against him and his father, described in court filings as a hoarder who had been in conflict with the city for years. Evidence showed the Ward family had been cited repeatedly for violating housing and zoning codes. Witnesses said Walker was taking photos of the Ward property on June 13, 2005, when he and Ward got into an argument. Walker told Ward he was calling for assistance, then waited near his truck. Ward went inside the house, emerged with a .45-caliber pistol and started firing. Walker was shot 9 times. "I think the only thing he was there for was harassment," Ward told The Associated Press last month from prison. Ward met with his parents earlier Tuesday. They did not attend his execution. Dick Walker, the father of the man killed by Ward, watched Ward's punishment and said it "put the cap on the mental anguish, the torture of the last 10 1/2 years." "I'm just glad this part of my life is over with," he said after the execution. "My son will never leave me. There's always going to be a hole in a person's heart. My son was my best friend. "I can focus on more positive stuff now." Ward becomes the 5th condemned inmate to be put to death this year in Texas and the 536th overall since Texas resumed capital punishment on December 7, 1982. He becomes the 18th condemned inmate to be put to death in Texas since Greg Abbott became governor of the state in January 2015. Ward becomes the 9th condemned inmate to be put to death this year in the USA and the 1431st overall since the nation resumed executions on January 17, 1977. (sources: Associated Press & Rick Halperin) ************** Executions under Greg Abbott, Jan. 21, 2015-present----18 Executions in Texas: Dec. 7, 1982----present-----536 Abbott#--------scheduled execution date-----name------------Tx. # 19---------March 30-----------------John Battaglia--------537 20---------April 6------------------Pablo Vasquez---------538 21---------May 11-------------------Terry Edwards---------539 22---------June 2-------------------Charles Flores--------540 23---------June 21------------------Robert Roberson-------541 24---------July 14------------------Perry Williams--------542 25---------July 27------------------Rolando Ruiz----------543 26---------August 23----------------Robert Pruett---------544 (sources: TDCJ & Rick Halperin) SOUTH CAROLINA: Solicitor seeks death penalty in Sunhouse murder cases Solicitor Jimmy Richardson says his office will seek the death penalty against a man accused of killing 2 convenience store clerks in separate robberies in January 2015. Fifteenth Circuit Solicitor Jimmy Richardson announced Tuesday he served notice of intent to seek the death penalty against McKinley Lee Daniels, 34, of Loris. Daniels is charged with 2 other men in connection with the separate fatal shootings of 2 Horry County convenience store clerks last year. Notice that Richardson plans to seek the death penalty was served Tuesday to Daniels and his attorneys, James Galmore and Bill McGuire. Certified copies of 2 warrants charging Daniels with 2 counts of murder in the shooting deaths of Bala Paruchuri and Trisha Stull were served Tuesday, Richardson said. Paruchuri was fatally shot Jan. 2, 2015, and Stull was fatally shot Jan. 25, 2015, during separate robberies of 2 convenience stores in Horry County. In Paruchuri and Stull's deaths, Daniels is charged with 2 counts of murder, 1 count of attempted murder, 2 counts of armed robbery, 2 counts of possession of a weapon during the commission of a violent crime, failure to stop for a blue light, possession of a stolen vehicle and resisting arrest. Daniels is also charged with armed robbery and possession of a weapon during the commission of a violent crime in connection with an unrelated incident Jan. 25, 2015, at another convenience store located in the Lake Arrowhead area of North Myrtle Beach. The 2 other men charged along with Daniels are Jerome Jenkins Jr., 21, of Loris and James Elbert Daniels Jr., 28, of Nichols. Last week, Richardson filed a notice of intent to seek the death penalty to Jenkins, also on 2 counts of murder in Paruchuri and Stull's deaths. James Daniels has not been served a notice to seek the death penalty, Richardson said. All suspected killers remain in jail. (source: WBTW news) From rhalperi at smu.edu Wed Mar 23 08:57:15 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 23 Mar 2016 08:57:15 -0500 Subject: [Deathpenalty] death penalty news----ALA., OHIO, CALIF. Message-ID: March 23 ALABAMA: Mother, boyfriend, charged in 22-month-old's death Shannon Dale Gargis took a long breath and let out a sigh when Franklin County District Judge Paula McDowell told him he would face the death penalty. Seconds later, standing in front of McDowell, dressed in a black-and-white Franklin County Jail suit with his feet and hands shackled by chains, Gargis closed his eyes and tilted his head back as the judge announced Gargis would be held in jail without bail. Gargis, 28, is charged in the death of his girlfriend's 22-month-old daughter, and was in court for a hearing Tuesday afternoon. He only appeared to show emotion when he realized he would be denied bond. "It was like he was more worried about a bond than what he was charged for, or what he is accused of doing," Franklin County Sheriff Shannon Oliver said. Oliver said the baby's mother, Hailey Rose Renfroe, 20, who also goes by Haley Rose Brisbois, is charged with aggravated child abuse. Deputies said Gargis is accused of becoming angry with the baby, who was named Serenity. Investigators said evidence indicates the baby was picked up by the throat and thrown across the room, hitting the back of the couch. Officials said Gargis told authorities the baby was limp when he picked her up, and he put her on a loveseat before he went to bed to go to sleep. "How do you do something like that?" Oliver asked. "I just can't understand it." Authorities said it is believed the abuse had been going on for at least a month, and Renfroe knew it was happening and did nothing to stop it. Investigators said Gargis, who is from the Belgreen area, moved in with Renfroe in January. "The child was black and blue from head to toe," Oliver said. "It looked like the child had been thrown around like a rag doll. It was awful. It was like the baby was being used for a punching bag." Investigators said the baby was found unresponsive and unconscious Tuesday morning at Renfroe's residence at 411 Railsplitter Road, Phil Campbell. Oliver said Franklin County Coroner Elzie Malone pronounced the child dead at the residence. Investigators found evidence the baby had been physically abused on numerous occasions, including Monday night or Tuesday morning, according to reports. Reports indicate Gargis took Renfroe to work about 7 p.m. Monday. She came home from work about 2:30 Tuesday morning, found the baby and got Gargis out of bed. Officials said Renfroe called 911, and deputies and paramedics found Serenity lying on the loveseat dead. Gargis and Renfroe, who is originally from Dearborn, Michigan, both are being held in the Franklin County Jail without bail. Court officials said Renfroe has 10 pending charges from 2013, which are mostly drug-related charges in Marion County. Reports indicate Renfroe was out of jail on bail totaling $35,500. Marion County officials were preparing Tuesday to revoke the bond. Records indicate 2 charges are chemical endangerment of a child, which involved Serenity before she was born. "This is a tough case on the investigators, deputies and everyone involved," Oliver said. "No one wants to see a child hurt, and especially one injured the way she was. "It was obvious by the discussions and talk among the deputies it's been tough on them. Just looking at the photos (of the child) is bothersome. You keep asking why, and what could drive a person to hurt someone like this, especially an innocent baby." Capital murder is punishable by death or life in prison without parole. Aggravated child abuse is a Class B felony and is punishable by 2-20 years in prison. (source: Times Daily) OHIO: Memory of surviving victim of Barberton triple murder at issue in death-penalty trial The recollections of a woman who survived a stabbing and shooting while her boyfriend and his 2 children were murdered is at the heart of a death-penalty murder trial that began on Tuesday. Eric Hendon, 31, faces the death penalty if convicted of fatally shooting John Kohler, 42, Ashley Carpenter, 18, and David Kohler Carpenter, 14. He is charged with 3 counts of aggravated murder, and 1 count each of attempted murder, felonious assault and aggravated robbery. Both prosecutors and defense attorney addressed the expected testimony of survivor Rhonda Blankenship during opening statements. Blankenship was stabbed and shot in the face at point-blank range during a New Year's Eve 2013 attempted marijuana theft at her Barberton apartment. Assistant Summit County Prosecutor Daniel Sallerson argued that Blankenship has been consistent throughout her interviews with police and with her trial testimony that landed Hendon's brother, Michael, in prison for life. Michael Hendon was convicted at trial of complicity to commit aggravated murder. Summit County Common Pleas Judge Amy Corrigall Jones ruled he was mentally unfit for the death penalty. Corrigall Jones is also presiding over Eric Hendon's trial. Sallerson said Blankenship always identified the person who shot all four people inside the home as "the taller one" or "the older one." Eric Hendon is about 6 inches taller than his younger brother. "She always put an emphasis on the taller person was in charge and the one who did the shooting," Sallerson told the seven-man, five-woman jury. Blankenship is expected to testify on Wednesday. Defense attorney Brian Pierce countered that Blankenship submitted a written statement from her diary that identified Michael Hendon by name as the shooter. He said he will also present experts in eye-witness identification and pharmacology. Dr. Harvey Shulman, an emeritus associate psychology professor at Ohio State, will testify that the traumatic events Blankenship survived, as well as her consumption of social media and newspaper accounts of the case, impacted her recollection of the killings. Dr. Seth Brownlee, the Director of Pharmacology at Northeast Ohio Medical University, is expected to testify about the drugs Blankenship was administered during her 7-day stay in the hospital. Pierce said the powerful painkiller fentanyl and the sedative propofol have the ability to alter memories. The diary entry was a point of contention before the trial began. The fight over the diary resulted in a jury being dismissed and the September trial date delayed. Blankenship testified at an evidentiary hearing that she mixed up the names of the 2 men, but meant that the taller one had been the shooter while the shorter one helped. "We're not submitting to you that she lied," Pierce said. "She went through a horrible ordeal. But we are going to show you why her story changed." (source: cleveland.com) CALIFORNIA: Suspect in deaths of 2 men near Roseville returns to court Joshua Daniel Smith will return Friday to court after a 2nd delay to secure an attorney for the Sacramento man suspected of killing two men who were shot and set on fire last June near Roseville. Along with the murder charges, Smith also faces allegations of committing the crimes in service to a criminal street gang, using a gun and laying in wait - the latter giving Placer County prosecutors the option of seeking the death penalty. Smith appeared in Placer Superior Court Tuesday in Auburn. Placer County District Attorney's prosecutors allege Smith, 38, is a Norteno gang member and shot Jason John Benson, 33, and Warren Alexander Galsote, 34, in the head on rural Annabelle Avenue between Roseville and Granite Bay June 25, 2015, before soaking the still-alive men with gasoline and setting them ablaze. Prosecutors say Smith targeted Galsote because he had witnessed a crime. The men later died at an area hospital. Defense attorney Martin Jones of Ciummo & Associates, the county's Madera-based public defense contractor, initially called for a week's delay at Smith's 1st appearance on Monday. Jones said the firm had reached the negotiated limit of homicide cases its attorneys are able to accept in Placer County. But Placer Superior Court Judge Angus Saint-Evens ordered the parties back to his Placer County Jail courtroom on Tuesday where the judge appointed Jones until another attorney is selected to represent Smith in the potential capital case. Smith has been held without bail in Auburn since his arrest last Thursday at Sacramento County Main Jail, where he had been held on other charges since July, according to Placer County Sheriff's officials. Sacramento Superior Court records show Smith has been in and out of Sacramento County custody for more than two decades, arrested nearly a dozen times on offenses ranging from burglary to auto theft and assault. A no-bail warrant for his arrest was issued by Placer County in February, sheriff's officials said. (source: sacbee.com) From rhalperi at smu.edu Wed Mar 23 08:57:59 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 23 Mar 2016 08:57:59 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 23 PAKISTAN: Since lifting of moratorium: 353 convicts hanged since Dec 2014, SC told The federal government on Tuesday informed the top court that 353 death-row prisoners have been hanged in the country after the lifting of moratorium on capital punishment in the wake of a massacre of schoolchildren by terrorists in December 2014. Deputy Attorney General Sajid Ilyas Bhatti on Tuesday submitted a 1-page response before a 3-judge bench of the SC headed by Justice Ejaz Afzal Khan in response to its query regarding status of mercy petitions. The reply said 444 mercy petitions had been rejected by the president from December 2014 to February 25, 2016. "38 petitions were still pending before the Interior Ministry while 33 were under process. The provinces have, however, not submitted any details of death row prisoners," it said. The bench was hearing a petition filed by Barrister Zafarullah, who had requested the SC to convert sentence of death row prisoners into life imprisonment. During the hearing, Barrister Zafarullah said no one could be given double sentences for 1 offence, adding that the SC's 5-judge larger bench had already declared that if a death row prisoner had spent a life sentence then he could not be executed. However, the bench said the matter differed from case to case. In response to the counsel's request to form a larger bench the court remarked that only the CJP could constitute a larger bench. Last year, the SC - while dismissing a plea of the same petitioner against the abolition of the death penalty - observed that the right to life and liberty is not absolute in nature and that such a right is circumscribed and subject to law Authoring the judgment, Justice Mian Saqib Nisar observed that "the court has made clear that the right to life and liberty is not absolute in nature and a person cannot be bereft of his life and liberty except in accordance with the law," adding that a person could be deprived of his life and liberty, if it was provided and prescribed by any law in view of the Constitution's Article 4 (2) (a). The judgment said the petitioner had failed to show that on the basis of 2 constitutional clauses, the top court, while exercising its jurisdiction in terms of Article 184 (3) of the Constitution, could direct the abolition of the death penalty in Pakistan and annul any law. Regarding the petitioner's argument that Article 9 is not a properly worded article and parliament should make necessary amendment, the judgment said the top court while exercising the instant jurisdiction does not deem it appropriate to issue such direction. (source: Express Tribune) SINGAPORE: D'Leedon murder: Belgian accused could escape death penalty A Belgian man accused of murdering his 5-year-old son in Singapore could be spared from hanging if he pleads guilty to an amended charge, state prosecutors said Wednesday. Philippe Graffart, 42, was charged with the murder of his son Keryan at an upmarket condominium in October 2015 but has been found to be suffering from severe depression. Murder is punishable by death through hanging in Singapore, but Graffart would instead face a maximum term of 10 years and caning should he plead guilty to an amended charge of culpable homicide under the Singapore penal code. "The accused suffered from major depressive order which substantially impaired his mental state at the time of the offence," the Attorney-General's Chambers told AFP in reply to a query. "The charging and sentencing position will be made clear when the matter is heard in open court." Execution by hanging dates back to British colonial rule in Singapore and is applied to convicted murderers and drug traffickers. There is no other form of execution in the city-state. Graffart's lawyer Ramesh Tiwary said his client was "still very depressed about what happened". The Belgian, a former finance executive who has been in remand since his arrest in October hours after the killing, did not appear in a district court on Wednesday during a pre-trial session because he was unwell, Tiwary said. He said the next pre-trial conference on the case is scheduled for March 29.According to Singapore media reports, Graffart's son was found strangled in his bedroom with hand-shaped bruises around his neck. The father was believed to have been fighting for the boy's custody with his ex-wife at the time. Graffart's account on business networking service LinkedIn before his arrest described him as an executive director and head of fund distribution in the Asia-Pacific region for Oslo-based Nordea Investment Management (source: asiaone.com) MALDIVES: Maldives top court allows lawyer killer state attorney in final appeal Supreme Court on Wednesday allowed a state appointed attorney for Ahmed Murrath who was sentenced to death over the murder of a prominent lawyer in 2012. The Supreme Court began final proceedings over Murrath's death sentence on Wednesday where he requested the judge for the state's assistance to appoint a defence lawyer. Murrath had not exercised the right to appeal the after the High Court had upheld the verdict, prompting the prosecution to forward the cases to the Supreme Court late last year for a final review. Regulations on death penalty that came into effect in 2014 require the prosecution to exhaust the appeal process -- the High Court and Supreme Court -- even if the convict wishes to not file for appeal. Murrath's lover, Fathimath Hana had also been convicted and sentenced to death over the murder in 2012. But the appeal of her sentence is yet to be concluded by the High Court. (source: haveeru.com) JAPAN: Scholar's poll rebuts high public support for death penalty A scholar based in Britain has raised doubts about the high level of public support for the death penalty touted by the Abe government as the main reason to continue capital punishment. Mai Sato, a lecturer of criminology at the University of Reading, says her research shows that such high support levels are nothing more than a myth. She published an article in the March edition of the monthly Sekai (World) magazine in which she compares government surveys with her own polls. In January 2015, the Cabinet Office released the results of a public opinion survey that asked a 2-choice question. Only 9.7 % chose "the death penalty should be eliminated," compared with an overwhelming 80.3 % who picked "it cannot be helped but to keep the death penalty." "This shows a positive response (to the death penalty system)," Yoko Kamikawa, then justice minister, said at a news conference. Sato conducted her own poll in February and March 2015 to find out if the government survey was a good indicator of public opinion. The conditions of her survey were similar to that of the government survey, but she included additional questions to gain a deeper understanding of the public's views. She sent questionnaires to 3,000 individuals, identical to the Cabinet Office survey, and received responses from 1,551, or 52 % of the total. Sato asked respondents about whether or not Japan should keep the death penalty, but she offered 5 answers, rather than 2. According to the results of Sato's survey, 27 % picked "having (the death penalty) is absolutely better," 46 % chose "it is somewhat better to have it," 20 % said "neither," 6 % picked "it is somewhat better to eliminate it" and 2 % said "it absolutely has to be eliminated." "While there is a large number in favor of maintaining the system, only 27 % were strongly in favor of keeping it," Sato said. "It shows that public opinion does not necessarily strongly support the capital punishment system." Her survey also looked into whether the public would accept a decision made unilaterally by the government to abolish the death penalty. On this issue, 71 % of supporters of the death penalty said they thought there would be a spread of the thinking "if the government made such a decision, there would be nothing to do but accept it even though there may be dissatisfaction." The survey also asked who should determine the future of the death penalty. 40 % each chose "it should be decided by public opinion" and "it should be decided by state authority, such as the government, or experts." "This shows there is room in Japan for accepting the elimination of the death penalty,' Sato said. "The public also does not feel that public opinion should determine whether to keep or abolish the death penalty." Mikio Kawai, a professor of sociology of law at Toin University of Yokohama, praised Sato's research for concentrating on the main points in the debate over capital punishment. He pointed out that when discussions were being held in Europe over the death penalty, the common pattern was to have the government decide to eliminate it even though the majority of public opinion was in favor of keeping it. "In the background to the support for the government decision of those times was the reality of 'while a majority may favor keeping it, the support is not strong,'" Kawai said. (source: asahi.com) POLAND: Polish Muslim leader says death penalty should be reinstated for terrorists Chief Mufti of Poland Tomasz Miskiewicz has said that EU countries should reintroduce the death penalty for terrorists, in the wake of Tuesday's fatal attacks in Brussels. "The death penalty would not be comparable to executions carried out by the Islamic State as the sentences would be meted out to those responsible for the death of innocent people," Mufti Miskiewicz said in an interview with the TVN 24 news channel. "This punishment should not only be for the actual perpetrators, but also anyone who is against freedom, who propagates terrorism," he added. Over 30 people were killed and about 230 injured as a result of explosions at Brussels Zaventem airport and on the city's metro on Tuesday. 3 Poles were among the injured. The Islamic State has claimed responsibility for the attacks. Mufti Miskiewcz is a descendant of Poland's small Tatar community, which has been based in the country - principally in the east - for several centuries. (source: The News) INDIA: Bihar considering death penalty to curb hooch production As a ban on production and sale of spiked liquor comes into force on April 1 in Bihar, chief minister Nitish Kumar sought cooperation from the public to enforce it, and said his government was considering introducing the death penalty for those found guilty of manufacturing hooch. Kumar especially appealed to women in implementing the phased ban, stating that it was not an easy decision to enforce. "Once successful in enforcing ban, including plugging of home delivery, it will not only increase Bihar's credibility but also trigger similar demand for ban in other states," he said, adding the government had considered all aspects of the ban. Other measures like introducing e-locks for containers transporting liquor through the state to check pilferage will also be put in place. However, the 'home delivery' aspect of the problem can only be tackled with public support, Kumar said, saying the government would bring in tougher laws, launch awareness campaigns and bolster public participation. "IMFL (Indian manufactured foreign liquor) sale is being taken over by Bihar State Beverages Corporation to ensure quick and effective imposition of complete ban in the next phase," he said. "In order to make it a public campaign, students are getting signed pledges from parents. Women are already taking men to de-addiction centres in various districts for counselling and getting medicines prescribed, if need be, to deal with the habit." Kumar was speaking at the inaugural ceremony of Bihar Diwas where he also called on the Bihari pride for a better future. Talking about the rich heritage of the state, he said Bihar's present day achievements were no less inspiring. "(The) whole of Bihar is a live archaeological site. If proper excavations are carried out it would add many new chapters to history of the country ... It's time to unearth Bihar's heritage and legacy," he said. With plans to christen the upcoming International Convention Centre after King Ashoka, the chief minister said the government was planning for a developed Bihar through seven actionable key resolves. (source: Hindustan Times) PHILIPPINES: De Lima says 'no' to death penalty Former Justice secretary and now senatorial candidate Leila de Lima on Tuesday said she opposes the position of Sen. Grace Poe and Mayor Rodrigo Duterte who have publicly declared their support to bring back the death penalty as a means to resolve crime in the country. "No empirical evidence anywhere has suggested that the death penalty deters crime. The death penalty should be abolished, not only because there is no correlation between this punishment and crime deterrence, but also its effects are basically irreversible," according to de Lima. The State, she said, "has the obligation to guide any offender to a life of reform and become more productive members of society. Even law offenders have a potential to become reformed members of society. For heinous offenses such as drug and human trafficking, rape and other sociopathic offenses such as serial killings and mass murderers, life imprisonment without parole or executive clemency should be enough." she said. De Lima cited a finding of the Commission on Human Rights (CHR) that most of those convicted belong to the lower classes: the poor and disadvantaged, financially unable to pay for their own counsel, relying only on the courts to provide them with a legal counsel. She was CHR chairman until she was tapped to head the Department of Justice. The CHR finding, de Lima said, is supported by a survey conducted by FLAG, a lawyers' group, when death penalty was still in law books, wherein 52.2 % of those in death row belonged to the lowest social class. "Instead, we need to ensure that the justice system indeed works: By having a truly independent judiciary who can decide on cases with the highest integrity and will ensure a speedy trial, efficient prosecutors who can closely collaborate with investigating bodies and other law enforcement units for a strong case build-up and a law enforcement sector that will implement the law to the letter, while caring for victims, who were put in jeopardy because of circumstances," she added. The former Justice secretary also batted for a modern and simplified criminal code that will allow better response to the times, resulting in a higher conviction rates. (source: Manila Times) NIGERIA: Sentence politicians who kidnap govt money to death - Bruce Nkem Ikeke Some states have been proposing the death penalty for kidnappers, one of such state is Osun. The state House of Assembly recently indicated plans to review the state's criminal law to provide for death penalty for kidnapping in the state. Reacting to this, Senator Ben Murray-Bruce, representing Bayelsa East at the National Assembly said the death sentence should first be applied on politicians who kidnap government money. Cross Rivers state is another state advocating for death penalty for convicted kidnappers. The state governor, Ben Ayade, on Wednesday, July 1, sent an executive bill to the House of Assembly stipulating a death penalty for those convicted of kidnapping for consideration and passage. In September 2015, the anti-kidnapping bill was signed into law. Also, in July the Kogi state executive council proposed an executive bill seeking to enact a law criminalizing kidnapping and death sentence by hanging. (source: naij.com) BANGLADESH: SC confirms JMB militant Asaduzzaman's death penalty for Udichi office bombings in 2005 The Supreme Court has upheld the death verdict awarded to a militant of banned Jama'atul Mujahideen Bangladesh (JMB) for the bombings at Udichi's office in Netrokona. A 4-strong bench of the Appellate Division headed by Chief Justice SK Sinha rejected an appeal filed by Asaduzzaman Chowdhury alias Panir on Wednesday. Dhaka's Speedy Trial Tribunal-2 sentenced 3 including Asaduzzaman to death for the bombings that killed 8 people in front of the cultural organisation's office on Dec 8, 2005. (source: bdnews24.com) ************ War Crimes Verdict Based on Flawed Trial----Chief Justice Calls Prosecution "Incompetent" and Evidence "Insufficient" Bangladeshi authorities should immediately set aside the death penalty against Mir Qasem Ali, a senior member of the executive committee of opposition party Jamaat-e-Islaami, and order a new trial that meets international fair trial standards, Human Rights Watch said today. The Supreme Court upheld the conviction against Ali despite earlier statements in court by Chief Justice Surendra Kumar Sinha, criticizing the attorney general, prosecutors, and investigators for producing insufficient evidence in the trial court. According to credible, detailed notes from the hearing in the Supreme Court, he said to the prosecutors: "What prevented the investigation agency to produce sufficient witnesses to prove the charges? ... The prosecution and the Investigation Agency need to produce sufficient evidence to support a conviction ... We feel really ashamed when we read the prosecution evidence." The attorney general, Mahbubey Alam, in turn was quoted saying, "The Supreme Court observed that a huge amount of money is being spent on the prosecutors and investigators, but they did not handle and investigate the cases properly." "Convictions can only be upheld when there is proof beyond a reasonable doubt, yet in this case there are grave doubts about the evidence after the court so strongly criticized the prosecution," said Brad Adams, Asia director at Human Rights Watch. "In death penalty cases the authorities must adhere to the highest standards." Ali was convicted and sentenced to death in November 2014, by the International Crimes Tribunal (ICT) on 10 out of 14 counts of abduction, torture, and confinement as crimes against humanity. For these crimes, he was sentenced to 72 years in prison. Ali was also convicted on 2 further counts of murder, in 1 case of 2 adults and in the other of a child, Jashim Uddin. He was sentenced to death for the murders. On March 8, 2016, the Appellate Division of the Bangladeshi Supreme Court set aside three of the abduction and torture convictions. It also acquitted Ali of the murder of the 2 adults. However, it upheld the conviction and death penalty sentence against Ali for the murder of Jashim Uddin during the war. As in other cases before the ICT, the defense was arbitrarily limited in its ability to submit evidence, including witnesses and documents. Defense lawyers were allowed to produce only three witnesses to counter 14 separate charges. Lawyers were threatened orally with a 50 lakh taka (approximately US$64,000) fine when they asked the judges to review their order limiting witnesses. The court denied the defense the opportunity to challenge the credibility of prosecution witnesses by rejecting witnesses' earlier statements that were inconsistent with their trial testimony. The refusal to allow the accused to challenge the credibility of prosecution witnesses has been a hallmark of trials before the ICT. During the appeal at the Supreme Court, the chief justice called the prosecution and its investigation agency "very incompetent." He accused the prosecution of dealing with proving the case against Ali "half-heartedly" and with "no responsibility." The chief justice said he was "shocked" and that the prosecution's case against Ali was full of contradictions. He expressed particular concern at the prosecution's failure to rebut the accused???s alibi defense, which put Ali in Dhaka on the day of the murder in Chittagong: "Defence could produce a series of documentary evidences in support of their alibi. But the prosecution and the investigation agency were very incompetent." The chief justice further went on to accuse the prosecution of using the ICT trials purely for political benefit and political interests: "We are very disappointed to see that you are using these trials out of your political benefits. These trials are being used for political interests." The chief justice's sentiments echo those made by the Supreme Court in its written verdict in another ICT case against Delwar Hossain Sayedee. The chief justice wrote that verdict when he was a justice on the Supreme Court before his promotion to chief justice. In that case, Sayedee's death penalty was commuted by the Supreme Court to a life sentence, though it stopped short of ordering a new trial. The chief justice's statements in the Ali case caused a furore among those backing the ICT trials. A government minister, Qamrul Islam, called for the removal of the chief justice and for a rehearing to be held. ???Human Rights Watch has long supported justice and accountability for the horrific crimes committed during Bangladesh's 1971 war. But this must be done through trials which meet international standards, particularly since the death penalty is at stake," said Adams. "Bangladesh owes the victims of 1971 a fair and proper accountability process." Trials before the ICT have been replete with violations of the right to a fair trial. The ICT has fundamental flaws because of article 47(A) of the constitution, which states, "This Article further denies any accused under the ICT Act from moving the Supreme Court for any remedies under the Constitution, including any challenges as to the unconstitutionality of Article 47(A)." The article specifically strips people accused of war crimes of certain fundamental rights, including the right to an expeditious trial by an independent and impartial tribunal, and the right to move the courts to enforce their fundamental rights. This article has permitted the ICT overly broad discretion to deny those accused in this and prior cases the rights and procedures accorded to other defendants. Many of the trials before the ICT have been marred by evidence from intercepted communications between the prosecution and the judges that has revealed prohibited and biased communications. The ICT's response on several occasions to those who have raised objections about the trials has been to file contempt charges against them in an apparent attempt to silence criticism rather than to answer substantively or to rectify any errors. The UN Human Rights Committee, which interprets the International Covenant on Civil and Political Rights, to which Bangladesh is a state party, has said that, "in cases of trials leading to the imposition of the death penalty, scrupulous respect of the guarantees of fair trial is particularly important" and that any death penalty imposed after an unfair trial would be a violation of the right to life and to a fair trial. Human Rights Watch reiterated its longstanding call for Bangladesh to impose an immediate moratorium on the death penalty and join the growing number of states that have abolished the use of capital punishment. "We welcome the fact that the chief justice identified problems with the evidence in the Ali case, but the court should follow through by ordering a retrial," Adams said. "Allowing the death sentence in a case with such fundamental doubts about the evidence is unthinkable." (source: Human Rights Watch) From rhalperi at smu.edu Wed Mar 23 10:48:51 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 23 Mar 2016 10:48:51 -0500 Subject: [Deathpenalty] death penalty news----TEXAS Message-ID: March 23 TEXAS: Honduran man on Texas death row loses federal appeal A federal appeals court has rejected an appeal from a Honduran man on Texas death row for beating and strangling a Houston woman during a robbery at her home more than 20 years ago. The 5th U.S. Circuit Court of Appeals late Tuesday ruled against 46-year-old Carlos Ayestas. His attorneys argued that his trial lawyers in 1997 were deficient for failing to bring his relatives from Honduras to testify for him. They also argued lawyers missed a memo in the prosecution file they considered improper that said prosecutors should use the fact Ayestas was not a U.S. citizen as a reason for seeking the death penalty against him. A Harris County jury took 12 minutes to decide Ayestas should die for murdering 67-year-old Santiaga Pareque in the September 1995 robbery. (source: Associated Press) From rhalperi at smu.edu Wed Mar 23 21:37:42 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 23 Mar 2016 21:37:42 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, N.Y., PENN., VA., N.C., S.C., OHIO, KAN. Message-ID: March 23 TEXAS: With support of US Supreme Court, Texas authorities execute mentally ill man Adam Kelly Ward, a severely mentally ill Texas man sentenced to death for the 2005 murder of 44-year-old Michael Walker, was executed Tuesday evening by lethal injection. Ward, 33, was the 9th person executed in the US so far this year and the 5th in Texas alone. Roughly 2 hours before the execution, the US Supreme Court rejected Ward's appeal. The high court refused to comment on the case, signaling its support for the barbaric practice of murdering the mentally impaired. Ward was given a lethal dose of pentobarbital at the Walls Unit in Huntsville after 6 p.m. local time, according to the Associated Press. As it took effect, he took a deep breath followed by a smaller one and then stopped moving. He was pronounced dead at 6:34 p.m. Ward had been on death row less than nine years after being convicted and sentenced to death in 2007. During that trial, a psychiatrist testified that Ward suffered from a psychotic disorder which caused him to "suffer paranoid delusions such that he believes there might be a conspiracy against him and that people might be after him or trying to harm him," according to court documents. Evidence of Ward's paranoia, delusions and bipolar disorder was presented in his initial trial and subsequent appeals court trials, with a federal district court noting that by age 15 Ward "interpreted neutral things as a threat or personal attack." He was found to have begun exhibiting delusional tendencies as early as the 6th grade, leading the court to declare, "Adam Kelly Ward has been afflicted with mental illness his entire life." The details surrounding Ward's murder of Walker clearly indicate that his mental illness of delusions and paranoia prompted him to commit the murder. Walker was a code enforcement officer who was inspecting Ward's property in Commerce, a town 65 miles northeast of Dallas. The Ward family had been cited numerous times for violating housing and zoning codes. Witnesses said that the 2 got into an argument when Walker began taking pictures around the perimeter of the Ward property, prompting Ward to spray Walker with a hose he had been using to wash his car. Ward's trial lawyer, Dennis Davis, says that Walker then told Ward that he was calling for back up, which Ward interpreted as meaning that the police were coming to kill him. "He had no idea that was the exact wrong thing to say to that person," Davis told AP. After Walker made the phone call, Ward went into his house, returned with a gun and shot Walker nine times. Ward later testified that he believed Walker was armed, telling AP, "Only time any shots were fired on my behalf was when I was matching force with force, when this man had pulled a gun on me and he pointed it at me and was fixing to shoot me, which is self-defense." There was no evidence demonstrating that Walker had a weapon, suggesting that Ward had suffered a psychotic episode. Davis told AP, "When I stepped in front of the jury, I said, 'I'm not going to be so callous and look you in the face and say my client didn't kill this man. He killed him but you have to understand why. These delusions he has caused the situation.'" Despite Ward's mental illness clearly prompting him to commit the murder, state and federal courts repeatedly rejected his appeals for a life sentence in lieu of the death penalty. Most recently, Texas Court of Criminal Appeals Judge Elsa Alcala rejected Ward's last petition with the state last Monday. In issuing her verdict, Alcala said, "As is the case with intellectual disability, the preferred course would be for legislatures rather than courts to set standards defining the level at which a mental illness is so severe that it should result in a defendant being categorically exempt from the death penalty." Any appeals to the state legislature in Texas for reforms to such laws will fall on deaf ears, as the state's legislature remains among the most reactionary in the country. At present, there are 249 inmates on death row in Texas. The state has carried out by far the most executions since the death penalty was reinstituted in the US following the 1976 Gregg v. Georgia Supreme Court decision, executing 535 people, or more than a third of the total executions. These have included many individuals convicted of crimes committed as juveniles and the mentally impaired. (source: World Socialist Website) ********************* Baptist minister arrested in death penalty protest A Texas Baptist minister was arrested March 22 in a civil disobedience protest of the execution of a man who claimed he was mentally ill when he shot and killed a city code enforcement officer in a dispute over trash in 2005. Jeff Hood, an advocate for abolishing the death penalty who writes a column for Baptist News Global, found it symbolic that Texas carried out the execution of 33-year-old Adam Kelly Ward during Holy Week. "We're at the holiest time of the Christian calendar, and the state basically is re-enacting the passion of Jesus," Hood said in an interview March 23. Hood, an ordained Southern Baptist minister who serves on the board of the Texas Coalition to Abolish the Death Penalty, described a capital punishment protocol complete with a last meal, a final farewell to loved ones, procession to the execution site, being strapped to a gurney and even piercing the skin during lethal injection. Hood walked past a police tape barrier for protestors outside the Walls Unit in Huntsville, Texas. He was confronted by 2 officers who demanded he turn back or be arrested, and he told them he could not do that. "Obedience to our faith requires civil disobedience," Hood said Wednesday, noting that Baptists "come from a long line of resistance to injustice." Hood bonded out Wednesday morning after spending a night in the Walker County Jail. He is charged with criminal trespass, a Class B misdemeanor punishable by up to 180 days in jail, $2,000 in fines or both. He is scheduled to appear in court May 19. While unpleasant, Hood described his night in jail "a very spiritual experience." Hood, a graduate of Southern Baptist Theological Seminary, heads up the Abolishing the Death Penalty community in the Alliance of Baptists. He was ordained in 2006 at a church affiliated with the Southern Baptist Convention and received standing with the United Church of Christ in 2015. Hood is spiritual adviser to Will Speer, a death row inmate convicted of a prison murder in 2001. In 2014 Hood staged a 200-mile walk from Livingston, Texas, to Huntsville to protest the death penalty. "I wish that Baptists would take the death penalty seriously," Hood said. "I wish Baptists would be willing to give themselves over so lives can be saved." Ward was pronounced dead at 6:34 p.m. after receiving a lethal injection at the state's death chamber in Huntsville. He was convicted of killing Michael "Pee Wee' Walker, 44, a code enforcement officer for the city of Commerce, Texas, after a verbal altercation that began when the official began taking photos of alleged trash hoarding at Ward's home. Ward shot Walker 9 times with a .45 caliber semi-automatic pistol. His lawyers claimed he was mentally ill and under paranoid delusions that the officer was going to kill him. The U.S. Supreme Court rejected his final appeal about 2 hours before the execution, upholding a lower court's decision that Ward's mental illness did not "rise to the level" of making him ineligible for the death penalty. Hood said he did not know Ward personally but felt connected to him because he, too, lives with bipolar disorder. The Supreme Court has ruled that it is unconstitutional to execute someone who is intellectually disabled or insane, but the state can execute the mentally ill if they are able to understand what is happening to them and why. (source: baptistnews.com) NEW YORK: EDNY Prosecutors to Appeal Reversal of Death Sentence The Eastern District U.S. Attorney's Office will appeal a judge's decision to vacate a death sentence for a man convicted of murdering 2 police officers. Prosecutors filed notice Tuesday saying they would challenge the decision to undo Ronell Wilson's death sentence. Eastern District Judge Nicholas Garaufis said Wilson was ineligible for capital punishment because he was intellectually disabled in the eyes of the law (NYLJ, March 16). Garaufis had ruled in February 2013 that Wilson was not intellectually disabled and, therefore, eligible for capital punishment. Later that year, a jury said Wilson deserved death for the 2003 killings of undercover detectives Rodney Andrews and James Nemorin. Wilson appealed, and the U.S. Court of Appeals for the Second Circuit sent the case back to Garaufis to review Wilson's mental capacity in light of a 2014 U.S. Supreme Court case, Hall v. Florida, 134 S. Ct. 1986. On March 15, Garaufis said he would impose life imprisonment without the possibility of parole based on a "careful interpretation of evolving Supreme Court precedent and a sober review of the evidence." Wilson was convicted of the crimes in 2006; the same jury voted for execution. In 2010, the circuit kept the jury's guilt determination intact, but ordered retrial on the penalty phase. Assistant U.S. Attorney Amy Busa filed the notice of appeal in U.S. v. Wilson. 04-cr-1016. David Stern of Rothman, Schneider, Soloway & Stern, a member of Wilson's defense, declined to comment. (source: newyorklawjournal.com) PENNSYLVANIA: Dad Gets 2nd Chance After Junk Science Convicted Him of Killing His Kids-----14 years after his boys died in a house fire, Daniel Dougherty was sent to death row for their murder. Now, he's back in court with a new try for freedom. On a summer night in 1985, flames swept through Daniel Dougherty's red-brick rowhouse in Philadelphia, killing his 1 young sons who slept upstairs. The 25-year-old mechanic told police he had been sleeping on a sofa in the living room when he woke just before 4 a.m. and saw his curtains on fire. He bolted outside and grabbed a neighbor's garden hose, ready to douse the blaze and rescue his sons, Daniel, 4, and John, 3, who shared a bed on the 2nd floor. But it was too late. Dougherty tried breaking a window and climbing a ladder to reach the children but the smoke and flames blew him back. When authorities arrived, the bulky 6-foot-4 Dougherty, the son of a late policeman, was frantic. To authorities, the hard-drinking repairman, who got into a fight with both his girlfriend and ex-wife that night and skipped an Alcoholics Anonymous meeting, was the prime suspect. One officer claimed he physically blocked Dougherty from charging into the burning home. When the cop asked for Dougherty's name, he allegedly replied, "My name is mud and I should die for what I did." The children died from smoke inhalation and carbon monoxide poisoning, a medical examiner later concluded. An hour after the inferno that took his children's lives, Dougherty was being interviewed by homicide detectives. "I ain't got nothing to remain silent about," Dougherty said as he waived his Miranda rights. Lacking evidence to charge Dougherty, police released him, the Philadelphia Inquirer reported in 2014. But 14 years later, Dougherty would be charged with the murder of his sons, after his estranged 2nd wife - with whom he was in a custody battle for a child born after the boys died - called police and claimed he confessed to the alleged crime. Dougherty was convicted in 2000 and put on death row - a sentence that was later vacated after prosecutors agreed Dougherty didn't have effective counsel. The grieving dad has always maintained his innocence. Now, with the help of arson experts on a mission to debunk mythical theories that are still employed by authorities, Dougherty has the chance to prove it. A new trial for the 56-year-old began Monday in Philadelphia - 2 years after an appellate court found that Dougherty's lawyer failed to challenge the state's scientific evidence claiming the fire was arson, the Inquirer reported. Had the jury heard and believed a fire science expert at the time, it "would have had reasonable doubt about [Dougherty's] guilt and would have been compelled to acquit him," the court wrote in its decision in 2014, according to the Inquirer. At the heart of the case is flawed and disproved forensics used to seal Dougherty's conviction???techniques that are believed to have led to wrongful convictions, and some executions, across the country. "The tragedy of losing your child in a fire, then being accused and convicted of intentionally setting that fire ... I can't even imagine the mental torture of that," Marissa Boyers Bluestine, legal director of the Pennsylvania Innocence Project, told The Daily Beast. "The problem is there's no evidence that he's guilty. Zero," Bluestine added. "The evidence came from the fire marshal who was talking about scientific techniques that have been disproven, having no reliability whatsoever. "You have someone who's not just convicted, but on death row for that. If it happens to him it quite literally could happen to anybody." In some cases, advances in fire science is helping some wrongly convicted prisoners earn their freedom. In 2014, a South Korean-born man's arson-murder conviction was overturned after he spent 24 years behind bars. Han Tak Lee, now 81, was accused of killing his 20-year-old daughter in a fire in 1989 but always said the blaze was an accident. A judge concluded his conviction was based on since-discredited arson science. For other inmates, the reexamination came too late. In 2004, Texas officials executed Cameron Todd Willingham - accused of setting a blaze that killed his 3 young daughters in their Corsicana home 13 years before, and whose tragic end spawned a New Yorker investigation. Like Dougherty's case, Texas prosecutors relied on outdated arson theories and testimony from a jailhouse snitch, who later recanted. 5 years after Willingham's death, renowned fire expert Craig Beyler concluded the Texas fire marshal had "limited understanding" of arson science and that his findings "are nothing more than a collection of personal beliefs that have nothing to do with science-based fire investigation." Experts fighting for Dougherty are expressing similar sentiments. Renowned arson investigator John Lentini, who is expected to testify at the new trial, has said the original probe was so flawed the cause of the blaze should have been ruled "undetermined." Philadelphia Assistant Fire Marshal John Quinn concluded the fire had 3 points of origin inside the house, based on burn marks, and therefore was intentional - information Dougherty's attorney never challenged. Quinn declared the blaze started in three places: a loveseat, a sofa, and a spot beneath a dining-room table. He also testified that Dougherty's claims that he tried to save the kids weren't believable, as his body showed no exposure to flames or smoke, the Inquirer reported. It took the jury only 3 hours to find Dougherty guilty of murder in 2000, and another 3 1/2 hours to sentence him to death, the Inquirer reported. Dougherty sobbed on the witness stand as he denied igniting the blaze that killed his children. "They were my life," he cried, adding that he took them on a motorcycle ride that day, changed their clothes, and flipped their mattress that night. When an assistant district attorney asked Dougherty why he immediately darted from the house instead of upstairs, Dougherty answered, "Everyone makes mistakes. I made a big one." Lentini and other experts who've reviewed Dougherty's case say the 3 burning spots are likely the result of "flashover," a naturally occurring phenomenon where rising heat collects at the ceiling until the temperature reaches 1,100 degrees and the room combusts. Flashovers can create burn marks such as those seen in Dougherty's home. "Unfortunately, it is not possible given the level of destruction and documentation, to determine where exactly this fire started or how it started," Lentini wrote in a post-conviction report. "What I can state with certainty is that the evidence does not support a determination of 3 points of origin, which was the sole basis for Lt. Quinn's determination that the fire was intentionally set. "Lt. Quinn's conclusion that the fire was intentionally set has no scientific basis, then or now," Lentini said in a report submitted to the court. This didn't stop the law enforcement of Philadelphia from presenting what experts call junk science. "You're talking about the 5th-largest city in the country. This isn't backwater," Bluestine told The Daily Beast. "It's supposed to be among the most sophisticated law enforcement departments. Especially when you're talking about a capital case, there's no excuse." Philadelphia authorities have stood by Dougherty's conviction. During the trial's opening arguments on Tuesday, assistant district attorney Jude Conroy said evidence would show Dougherty was guilty, beyond all doubt, the Inquirer reported. Conroy told jurors Dougherty was drunk, angry, and ended up alone in the house after an argument with his live-in girlfriend and the boys' mother. Then the prosecutor reinforced fire marshal Quinn's findings, telling the court about "an open flame to the couch, to the loveseat, to items under the table." Dougherty's attorney, David Fryman, questioned why cops didn't charge Dougherty until 14 years after the fire, if authorities were certain of his guilt, according to the Inquirer. Fryman told jurors investigators failed even to snap a photo of the stove, to show whether the knobs were in an on or off position, the Inquirer reported. "The commonwealth claim that this fire was intentionally set doesn???t have any validity," Fryman said. Bluestine, of the Innocence Project, said that by the time Dougherty's trial began, Philadelphia authorities should have been trained in scientific standards laid bare by the National Fire Protection Association. The council became concerned about the validity of fire investigations in 1985 and published its 1st guide 7 years later, Lentini says in a paper (PDF). "The myths are slowly dying out ... but there are still practitioners who use them today, with disastrous consequences," Lentini wrote. Dougherty's murder and arson charges came in 1999, well after the fire, when his estranged 2nd wife, Adrienne Sussman, told police he confessed to sparking the inferno. At the time the charges were made, Sussman was in a custody battle with Dougherty over their son, Stephen. Philadelphia prosecutors wasted no time in making Dougherty a villain. They claimed he set the fire in vengeance against two women who wronged him: the girlfriend with whom he lived and the mother of his boys, from whom he was separated. Witnesses labeled him a drinker, and said he was possessive toward women and called his wife names, the Inquirer reported. While Sussman never testified at Dougherty's 2000 trial, the prosecution presented testimony from 2 jailhouse informants - in prison on multiple convictions and charges and promised reduced sentences by prosecutors - who said Dougherty confessed to them while in custody, the Inquirer reported. Stephen Dougherty, now 24, told The Daily Beast he speaks with his father every day and said he just wants to come home. Stephen grew up without both parents, as his mother, who struggled with drug addiction, passed away in 2005. Because of his mom's drug use, he said, he spent weekends and weekdays with his dad, who took him off-roading in his truck and taught him to play basketball and baseball. His father was just a "regular, average ... hard-working man," he said. The younger Dougherty said that one day, he hopes to rebuild cars and live in a house with his father. "I know my dad's not guilty," Dougherty said in a phone interview. "He's the farthest thing from a bad guy. He loved life, and it was taken away from him." "My dad's not a monster," Dougherty added. "He's not the man that the DA is trying to make him out to be ... fire is unpredictable, and it can take anybody's life." (source: the dailybeast.com) *************** Why Pa. should abolish the death penalty This past February marked a year since Pennsylvania Gov. Tom Wolf declared a moratorium on the death penalty. In a statement released last year, Wolf said the state's current death penalty is "a flawed system that has been proven to be an endless cycle of court proceedings as well as ineffective, unjust and expensive." I applaud Wolf for these measures taken against the death penalty, and urge the state of Pennsylvania to go deeper this year, examining the logic behind the death penalty, and finally abolishing it for good. The two main arguments in support of the death penalty are the retributivist, which holds that it is intrinsically good for those who have committed crimes to be punished proportionally; and the consequentialist, which holds that harming those that engage in culpable wrong-doing to prevent future wrong-doing is a morally justifiable end. Supporters say that a human being possesses a right to life because of his dignity. If a person kills another, or commits another heinous crime, he loses his dignity and therefore his right to life. The question I have for those who make this argument, and the State of Pennsylvania, is, does the loss of the right to life imply a duty to kill? Aubryanna Tayman Hanover (source: Letter to the Editor, York Daily Record) ************ Easton's 'good Samaritan' murder trial delayed until the fall The Easton capital murder trial of Jeffrey S. Knoble Jr. has been delayed by 3 months to give his defense attorneys more time to prepare. Knoble will be tried in September, instead of June, under an order issued Wednesday by Northampton County Judge Emil Giordano. Knoble, 26, of Riegelsville could face the death penalty if convicted of killing a man inside a downtown Easton hotel room last year, then recording a cellphone video of the man's corpse. Andrew "Beep" White, 32, of Easton was shot early March 11, 2015, at the former Quality Inn on South Third Street. Authorities have called White a good Samaritan who had rented a room for Knoble that night because he had no place to stay. Knoble's public defenders have said they are preparing a mental-health defense, including the possibility that their client was insane or operating under diminished capacity. (source: Morning Call) VIRGINIA: Appeals court hears death row inmate's case A Virginia prisoner who killed two people during an escape was improperly denied a chance to show that he wouldn't do it again if spared the death penalty, his lawyer told a federal appeals court Tuesday. Attorney Jonathan P. Sheldon said the trial judge should have allowed an expert witness to testify that William Morva would not endanger other inmates or prison guards if sentenced to life without parole. The jury had cited "future dangerousness" as the aggravating factor in sentencing Morva to death for the 2006 slayings. Virginia Senior Assistant Attorney General Alice Armstrong argued that the U.S. Supreme Court has never required a trial judge to allow the kind of expert testimony sought by Morva. The appeals court typically issues its decision several weeks after hearing arguments. Morva was in jail awaiting trial on attempted-robbery charges in 2006 when he was taken to a Blacksburg hospital for treatment of an injury. He overpowered a Montgomery County deputy sheriff in the hospital and used the deputy's pistol to shoot unarmed security guard Derrick McFarland. Morva shot Cpl. Eric Sutphin of the sheriff's department 1 day later on a walking trail near the Virginia Tech campus, which had been shut down on the 1st day of classes as police tracked the escapee. Sheldon also argued in court papers that Morva's trial attorneys failed to adequately investigate their client???s background, but Tuesday's hearing focused entirely on the trial court's refusal to allow a psychologist to conduct a prison-violence risk assessment and present the results to the jury. Prosecutors argued during the sentencing phase of the trial that Morva "would kill again if put in prison," Sheldon said. He said the defense expert would have countered with scientific evidence that Morva posed an "exceedingly low" risk of violent behavior. He said every other state that imposes the death penalty based on "future dangerousness" allows such defense testimony, but appeals court Judge Albert Diaz said "that doesn't mean it???s constitutionally required." Armstrong said a defendant is entitled to a psychiatric expert only if mental health is an issue, and Morva had an expert for that purpose. (source: Associated Press) NORTH CAROLINA: Darryl Hunt: In his own words Next Saturday the ACLU will hold its annual Liberty Awards ceremony in Chapel Hill. Darryl Hunt was scheduled to appear and be honored for his work in promoting justice and ending the death penalty. Sadly, that much-deserved award will now be made posthumously. Darryl died on March 12, at the age of 51. In 1984 Darryl was wrongfully accused and later convicted of murdering Deborah Sykes, a former copy editor at the Twin City Sentinel. He spent nearly 20 years in prison, all the while professing his innocence. Finally on December 22, 2003, Willard Brown confessed to the murder and Darryl was released from prison 2 days later. His conviction was formally vacated on February 6, 2004. Several weeks later Darryl appeared on Triad Today for his 1st in-depth television interview since being freed. It would be the 1st of many visits he would make to our studio, mostly to talk about his Project for Innocence and Justice. Over the past year, Darryl battled depression and stage IV cancer. On March 13, police found him locked inside of his car, dead from what they described as a selfinflicted gunshot wound. Those of us who knew Darryl were shocked and saddened by the way he left us, but thankful that he was finally at peace. Much has been written about this quiet, humble man, but I thought it best to let Darryl speak for himself. As such, what follows are excerpts from some of the conversations we had on Triad Today over the years. (March 3, 2004) JL: If I were in your place, I would be so angry at the system, at the District Attorney, at everybody. Yet you seem to have this aura of inner peace about you. How is that? DH: I just use my faith, My faith keeps me strong. It kept me strong while I was in prison. JL: But you were locked up for nearly twenty years for something you didn't do. What was going through your mind all that time? DH: Well it's human nature that you become angry, but I relied on my faith, and I truly believe that if you really believe in God, then you let God handle the difficult problems. JL: Was there ever a time when you were ready to give up and say, "I might as well commit suicide because I'm going to be in here forever?" Did anything like that go through your mind? DH: No, not suicide, but you get to the point where things just continue to go wrong, so you really have to draw on your faith. That's what I used to do because it was just days of depression, and I was always asking God "Are you listening?" Then it would seem like I would get a letter or card from somebody, and that would be His answer to my question. JL: Some people, even some members of the Sykes family still think you had something to do with Deborah's murder. How do you feel about that, and do you understand why they think that way? was told the same things for 20 years, you tend to believe that, and it becomes engrained in you. So when somebody comes up to you and says, "What we told you wasn't the truth, now this is the truth", now it's up to you to let go of whatever it was. Truth is sometimes like that. The Sykes family lost their daughter, and that's hard in itself. You can't replace a daughter. JL: How was it being married while you were in prison? DH: The day that we was married was the day after the Supreme Court had turned me down for a new trial. So I didn't think we was going to get married because the chances of ever getting out was looking slimmer. JL: You thought you'd be in prison forever? DH: Yeah. So she (April) told me I must be crazy. She said, "This is forever. If I don't get you in this lifetime, I'll get you in the next." JL: Pretty romantic. DH: Yeah. She's always been my rock. The person that I always count on. JL: Anything you regret about your life before all this happened? Anything you've tried to work on? DH: My biggest and only regret that I have about my prior life is that I dropped out of school. JL: But you're going back to school now. DH: Yes, at Winston Salem State. JL: What do you want to do with the rest of your life? DH: I want the Darryl Hunt Defense Committee to be changed to the Committee for Social Justice, to help guys who are in prison find a nice job coming out of prison. (February 15, 2006) A documentary, "The Trials of Darryl Hunt" had recently been shown at film festivals around the country, and was DH: Yes I understand it because if you scheduled for a screening at the Stevens Center in April. JL: The documentary tells about how, at one point, the prosecutors offered to let you off with time served if you confessed to the murder. And you said? DH: I told them I couldn't do it. I couldn't live with myself pleading to something I didn't do, and it was wrong, and I thought Ms. Sykes' family deserved to know (the truth). JL: Did anything good come out of being in prison all those years? DH: The way I was able to survive 19 years in prison was I always think of something positive. I met my wife, my faith grew stronger. There were a whole lot of positive things. JL: The Darryl Hunt project is up and running. Remind us what it's all about. DH: We're working with other innocence projects around the State, trying to get innocent people out of prison. The other thing is we work with other organizations to help people coming out of prison to really adjust. There are a lot of organizations out there, but they really don't understand what people go through in prison, and how to break that cycle. (November 17, 2010) On this day our discussion focused mainly on job placement for former prisoners. JL: What are the misperceptions most people (and employers) have about someone who has just been released from prison? DH: Most people think that they are violent, and are going to continue to rob and steal, and that's not the case. Most guys coming out of prison want to be able to take care of their family and take care of themselves. (February 15, 2012) JL: Give us an update on your Project for Freedom and Justice. DH: We try to help who we call "Homecomers", people coming from prison, coming back home. And we try to help them find housing, clothing, a job, offer financial literacy, job readiness classes and counseling. One of the biggest things is counseling, where we help those guys understand the transition from prison to life. JL: How many men have you served since you began the project? DH: Since we started the project in 2005, we've served almost 5,000 people. JL: Do you have a handle on how successful the project has been? DH: From the count I had a couple of weeks ago, we only had 10 people we know of who actually went back to prison for different violations. JL: The services that you provide have really made a difference for these men. DH: Yes. It builds self esteem to be able to have an opportunity for people to believe in what they're doing. Most people will remember Darryl Hunt as the man who was wrongfully convicted of a brutal murder. But to thousands of former prisoners, Darryl will be remembered as the man who helped them overcome adversity and start a new life. In the end, the only person Darryl couldn???t help was himself. It is a tragic irony, but one filled with the hope that his work will continue. (source: yesweekly.com) *************** Death penalty remains possible in Hewitt trial, plea deal rejected Catawba County Superior Court convened Tuesday for a 2nd day of hearings in a triple homicide case before Judge Nathaniel J. Poovey. Everette Porshau Hewitt, 37, of Claremont, is charged with three felony counts of 1st-degree murder, 1 felony count of 1st-degree burglary, 1 felony count of robbery with a dangerous weapon, and 1 misdemeanor count of 2nd-degree trespassing. Defense attorney Robert Campbell is representing Hewitt. The state made a few motions in Tuesday's hearing, one of which was to join the charges together for the trial. Poovey allowed the motion. Poovey decided in court to put Monday's meeting between the sides and him on the record. During that meeting, the District Attorney's Office made a plea deal offer to the defendant. However, the defense refused the deal. The deal would have dropped the 1st-degree murder charges down to 2nd-degree, if Hewitt pleaded guilty to the new charges. The deal did not modify the attempted murder or robbery with a deadly weapon charge. "My client has maintained his innocence," Campbell said. "It has always been his words to us that he is not guilty of these crimes." Poovey addressed the defense's motion Monday to make the case non-capital due to discovery violations by the prosecution. "I have considered dismissing charges, and I have considered making the case non-capital," Poovey said. "Based upon the facts, I find that a sanction to make this case non-capital is inappropriate." On Monday, Poovey denied 3 other motions to make the case non-capital. Poovey did give sanctions in regards to the discovery violations. The defense will be allowed to give the last argument in the trial, even if they present evidence. Typically, the prosecution gives the last argument if the defense presents evidence. Another sanction gives the defense the freedom to cross-examine 2 of the investigators in the case more extensively. Hewitt is held without bond and his trial is scheduled to begin March 28. Assistant District Attorneys Sean McGinnis and Kyle Smith are prosecuting the case. (source: Hickory Record) SOUTH CAROLINA: Death penalty sought in 2 Horry County slayings Prosecutors say they will seek the death penalty against 2 men charged in the slayings of 2 Horry County convenience store clerks in separate robberies last year. Local media outlets report that prosecutor Jimmy Richardson said Tuesday he'll see the death penalty against 34-year-old McKinley Lee Daniels and 21-year-old Jerome Jenkins Jr., 21, both of Loris. The 2 are charged in the shooting deaths of 2 convenience store clerks in January of 2015. Authorities say that 40-year-old Bala Paruchuri was shot and killed on Jan. 2, 2015. Authorities say surveillance video shows Paruchuri was cooperating and had his hands in the air when he was shot. Prosecutors say 30-year-old Trisha Stull was shot and killed during a 2nd convenience store robbery on Jan. 25, 2015. (source: Post and Courier) OHIO: Brunswick man found guilty of murdering mother, faces death penalty A Brunswick man faces the death penalty after a jury found him guilty of murdering his mother. The jury in James D Tench's murder trial returned a guilty verdict Wednesday afternoon on 3 counts of aggravated murder, 2 counts of murder, aggravated robbery, kidnapping and tampering with evidence, the Medina County Prosecutor's Office said. The jury deliberated for one day before reaching its verdict. Each aggravated murder count carries a potential death sentence, life in prison without parole, or life in prison with the possibility of parole. The prosecutor's office will decide which aggravated murder or murder charge will carry the sentence, Medina County Prosecutor Dean Holman said previously. The mitigation or penalty phase of the trial will begin April 4. Prosecutors will present arguments for why Tench should be put to death, while the defense will present what it feels are mitigating factors that should prevent the death penalty. Mary Tench, 55, was found dead Nov. 12, 2013 inside her car on Carquest Drive in Brunswick. Medina County Coroner Neil Grabenstetter said she died from several blunt trauma injuries to her head and neck. The impact fractured her skull. James Tench was accused of beating his mother to death after she confronted him about his debts and about the fact that he used her credit card to buy concert tickets, court records say. He pleaded guilty in 2014 to robbing a Strongsville restaurant and is currently serving a five-year prison sentence at the Richland Correctional Institution. Jury selection in the murder case began Feb. 22 and opening statements occurred March 7, the prosecutor's office said in a statement. The state rested its case March 16 after calling 53 witnesses. The witnesses included officers from the Brunswick Police Department; an agent from the Ohio Bureau of Criminal Investigation; 2 U.S. Secret Service agents; an FBI agent; and an FBI chemist. Tench took the stand when the defense began presenting its case on Monday. The sides presented closing arguments on Tuesday afternoon. (source: Associated Press) KANSAS: Kansas Man Guilty of Capital Murder in Quadruple Homicide Jurors have convicted an eastern Kansas man in the fatal shootings of 3 adults and a toddler in 2013. Franklin County court officials say the jury found 30-year-old Kyle Flack guilty of capital murder on Wednesday for the deaths of Kaylie Bailey and her 18-month-old daughter, Lana. That means Flack could face the death penalty when sentenced next week. He also was convicted in the deaths of Bailey's boyfriend, Andrew Stout, and his roommate, Steven White, who lived in a rural farmhouse where Flack sometimes stayed. It's unclear what led to the shootings. Investigators say Flack at one point told detectives that 2 drug dealers may have been involved, but detectives determined those people didn't exist. The defense called no witnesses during the trial. Jurors began deliberating Wednesday morning. (source: Associated Press) ***************** Man convicted in quadruple homicide could face death penalty Jurors have convicted an eastern Kansas man in the fatal shootings of 3 adults and a toddler in 2013. Franklin County court officials say the jury found 30-year-old Kyle Flack guilty of capital murder on Wednesday for the deaths of Kaylie Bailey and her 18-month-old daughter, Lana. That means Flack could face the death penalty when sentenced next week. He also was convicted in the deaths of Bailey's boyfriend, Andrew Stout, and his roommate, Steven White, who lived in a rural farmhouse where Flack sometimes stayed. It's unclear what led to the shootings. Investigators say Flack at one point told detectives that 2 drug dealers may have been involved, but detectives determined those people didn't exist. The defense called no witnesses during the trial. Jurors began deliberating Wednesday morning. (source: Associated Press) From rhalperi at smu.edu Wed Mar 23 21:39:08 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 23 Mar 2016 21:39:08 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 23 NIGERIA----impending execution 3 years after, killer of 11 police to die by hanging The Oporoma Judicial Division of the High Court in Bayelsa State has sentenced to death by hanging 1 of the killers of the 11 policemen at Lobia 2 community in Southern Ijaw Local Government Area of Bayelsa State on April 5, 2013. The accused, Mr. Jackson Feutubobai, known along the creeks and waterways as Jasper, was found guilty on all the 11-count charge of murder. Jackson Feutubobai, according to the charge sheet numbered OHC/3c/2014, was accused of killing one Police Inspector, Joseph Ofozini. Police prosecutor told the court that the accused had over 5 cases in various courts bothering on alleged kidnapping, sea piracy and involvement in the killing of 11 policemen in 2013. 3 years after, killer of 11 police to die by hanging The presiding Judge of the State High Court, Justice M.A Ayemieye, after taking into account the nature of the offence and the passionate plea for mercy made by the counsel for the convict, ordered that the sentence of murder was death and that it was mandatory. Justice Ayemieye ruled and sentenced the accused to death by hanging. The State Prosecuting Counsel, Arthur Andrew Seweniowor, while speaking with newsmen, said if the accused failed to appeal in 3 months, the governor would sign his death warrant and he would be hanged. The counsel to the accused Efieseimokumo Bipeledei pleaded with the court to temper justice with mercy, saying the accused person was a family man who had 5 children who were all depending on him. He said imposing the maximum penalty would truncate the destiny of all the children, who were all minors, urging the court to convert the punishment to terms of imprisonment. The court also discharged and acquitted the 2nd accused person identified as ThankGod Clinton Ezetu after no evidence was linked to him on the murder of the 11 policemen. (source: Daily Times of Nigeria) BANGLADESH: SC upholds death penalty for JMB man Asaduzzaman The Supreme Court yesterday upheld the death penalty of banned Jama'atul Mujahideen Bangladesh (JMB) activist Asaduzzaman Chowdhury alias Panir for killing 8 people by carrying out suicide bomb attacks at Udichi and Shata Dal Shilpi Goshthi offices in Netrakona in 2005. A 4-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha dismissed an appeal filed by Asaduzzaman challenging the High Court verdict that had affirmed the trial court judgement sentencing him to death. Deputy Attorney General Sashanka Shekhar Sarkar told The Daily Star that the jail authorities could take steps for executing the convict after receiving the apex court verdict, if he did not take any further legal step. Asaduzzaman, who is now is Dhaka Central Jail, can seek review of the SC verdict and presidential mercy after receiving the SC verdict, he added. According to the prosecution, suicide bomb attacks were carried out at Udichi and Shata Dal Shilpi Goshthi offices on December 8, 2005 that left eight people dead and 40 others injured. The deceased were Khawja Haider, Sudipta Paul Shelly, Rani Begum, Joinal, Raisuddin, Yadev Das, Jahanara and Shawkat. On February 17, 2008, a Dhaka court sentenced 3 JMB activists Salahuddin alias Saleheen, Asaduzzaman Chowdhury alias Panir and Yunus Ali to death for the killings. Yunus was tried in absentia as he is on the run. The court acquitted Fahima alias Farzana, also known as Rokeya, an accused of the case, as her involvement in the killings was not proved. The court did not consider punishing JMB's second-in-command Siddiqul Islam Bangla Bhai and JMB's military commander Ataur Rahman Sunny, who were also the accused of the case, as their death penalty for killing two Jhalakathi judges were earlier executed. Asaduzzaman the same year filed an appeal with the HC challenging the lower court verdict on him. The HC in 2014 rejected his appeal, DAG Sashanka said. The DAG, however, could not say the status of Salahuddin. (source: The Daily Star) MALAYSIA: Stop execution of prisoner due to be hanged on Friday The Malaysian government must halt the execution of a 34-year-old man due to be hanged this Friday for murder, said Amnesty International. Gunasegar Pitchaymuthu's mother was today advised by officials at Taiping Prison, northern Malaysia, to visit her son for the "last time" and make arrangements for his funeral. Gunasegar Pitchaymuthu was convicted of murder, an offence which attracts the mandatory death penalty in Malaysia. "Executing Gunasegar Pitchaymuthu would be a regressive step for human rights in Malaysia," said Josef Benedict, Amnesty International's Deputy Campaign Director for South-East Asia and the Pacific. "The mandatory death penalty is a clear breach of human rights regardless of the crime committed. The authorities must step in to prevent this brutal act taking place before it is too late, and instead commute Gunasegar's death sentence." Amnesty International has consistently criticized Malaysia's practice of "secretive" executions. Information on scheduled hangings is not made public before, or even after, they are carried out - contrary to international standards on the use of the death penalty. Instead, Gunasegar Pitchaymuthu's mother Nagarani Sandasamy today received a letter from Taiping Prison officials informing her that he will be executed "soon" and advising her to visit him tomorrow morning. The family was also advised to discuss arrangements to claim the prisoner's body for his funeral. Nagarani Sandasamy last visited her son a week ago, when neither were aware that the 34-year-old was scheduled to be hanged just a week later. Gunasegar Pitchaymuthu was sentenced to death for the fatal stabbing of a man in Sungai Petani, Kedah state, on 16 April 2005. "As discussions on abolishing the mandatory death penalty in Malaysia continue, the Malaysian government must immediately put in place a moratorium on all executions as a 1st step towards full abolition of the death penalty," said Josef Benedict. Background No information is made publicly available on individual death penalty cases in Malaysia, while families are often informed at the last minute that their loved ones will be executed. Senior government officials recently said Malaysia was considering abolishing the mandatory death penalty, which is currently the punishment for crimes including murder and drug-related offenses. Amnesty International opposes the death penalty in all cases without exception regardless of the nature or circumstances of the crime, the guilt, innocence or other characteristics of the individual, or the method used by the state to carry out the execution. The death penalty violates the right to life and is the ultimate cruel, inhuman and degrading punishment. International law and standards prohibit the mandatory imposition of the death penalty as constituting arbitrary deprivation of life, as it denies judges the possibility of taking into account the defendant's personal circumstances or the circumstances of the particular offense. (source: Amnesty International) SOUTH AFRICA: 'SA can't go back to death penalty' Justice Minister Michael Masutha says today's visit to the correctional centre reinforced his belief that South Africa can never go back to the death penalty. It was an emotional day for many as correctional services officials led a tour of the gallows where hundreds of people were hanged and explained the process of carrying out a death sentence. Masutha launched The Gallows Exhumation Project at the Kgosi Mampuru Maximum Security Prison this morning. Between 1960 and 1990, at least 130 black South Africans were hanged for politically motivated offences. All political prisoners who were sentenced to death during apartheid were transferred to the prison to await their execution. But in 1996, all those who were handed the death penalty for political or other crimes had their sentences converted to life imprisonment after the Constitutional Court ruled executions were cruel, inhumane and degrading. Minister Masutha says inspecting the gallows confirmed to him that doing away with the punishment was justified. "Being a constitutional state does provide some advantage in situations such as this." He says the exhumations of 83 people will begin on 4 April 2016. (source: ewn.co.za) CHINA: Suspect in Iowa killing stands trial in China A grieving father has called for the death penalty as his daughter's alleged killer goes on trial in China. Shao Tong, a 20-year-old student from China who had gone to the U.S. to study engineering, was strangled to death in Iowa in September 2014, her body stuffed in the trunk of her own car. Her boyfriend, Li Xiangnan, who fled to China shortly after she was killed, was charged with her murder in June last year and stands trial at the Intermediate People's Court on Wednesday in the eastern Chinese city of Wenzhou. Li turned himself in to authorities in May last year. His lawyer Sheng Shaolin declined to say whether he had pleaded guilty or not. Shao Chunsheng and his wife Yang Xue have traveled to Wenzhou to attend the trial. He said he had met with Li's parents Tuesday, who begged for his forgiveness and offered to pay an unspecified amount compensation for his only daughter's death. Sheng confirmed the details of the meeting and the compensation offer. No forgiveness Shao said Li deserved the death penalty. "I wouldn't forgive him however much money they offered," Shao told CNN by phone. According to Chinese law, the sentence for intentional homicide could range from 10 years to capital punishment. The trial is expected to last no longer than 1 day, court authorities told CNN. 2 Iowa state detectives and the case prosecutor from Iowa City have traveled to Wenzhou for the trial and to support the Shao family. There is no death penalty in Iowa and the lead prosecutor there had expressed their hope to Chinese investigators that the case not be pursued as a capital one. David Gonzalez, the lead Iowa police investigator for the case, said his priority was to support the Shao family. "Whatever happens to Mr. Li is not up to us at this point, that's up for the court," said David Gonzalez, "I can only imagine if it was my child, if I was in the same position, what I would want in my own justice." "I would want them to know that obviously we did the best we could for their family as far as the investigation goes," Gonzalez added. Rare cooperation Iowa authorities have credited an April 2015 CNN story with drawing attention to the investigation, which had stalled because there is no extradition treaty between China and the United States. In that piece, Shao's father urged both U.S. and Chinese authorities to do more to seek justice for his daughter. Investigators in Iowa said they felt hamstrung because there was little precedent for such a case -- when a Chinese national flees the United States and is wanted in connection with the killing of another Chinese national. However, the case has since been hailed a rare example of cooperation between U.S. and Chinese law enforcement agencies. Gonzalez told CNN Iowa authorities have worked "very, very well together" with Chinese law enforcement at both local and state levels, adding that the important thing was for Li to be brought to justice, no matter whether in the U.S. or China. "I have nothing but good things to say about the cooperation that we received from the Chinese government." Shao Tong was first reported missing by her roommate on September 18, 2014. It wasn't until September 26 that police in Iowa found her body. By then Li, a "person of interest" sought for questioning by Iowa authorities, had already bought a 1-way ticket and returned to China. He turned himself in to Chinese police in May 2015 and was charged with intentional homicide in June. The case attracted a huge amount interest in China and particularly among the 300,000 Chinese students in the United States. Yang, Shao Tong's mom, said she was too emotional to speak about the case. "I'm bitter, very bitter. My heart aches," she said via text message. (source: CNN) From rhalperi at smu.edu Thu Mar 24 09:35:05 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 24 Mar 2016 09:35:05 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, N.C., GA., FLA., MISS., OHIO, KAN., USA Message-ID: March 24 TEXAS----impending execution Does John Battaglia Remember He Murdered His Children?----A father who killed his 2 young daughters is scheduled to be executed March 30 Texas will wrap up a busy month at the death chamber on Wednesday, March 30, when the state executes 60-year-old John Battaglia for the May 2, 2001, murder of his 2 daughters, 9-year-old Faith and 6-year- old Liberty. The details of the 2 girls' deaths are particularly disturbing. According to Battaglia's failed 2010 appeal to the U.S. District Court, the murders occurred the day Battaglia learned he had a warrant out for his arrest for violating probation, which he was serving after being convicted of assaulting his ex-wife Mary Jean Pearle in 1999. (Battaglia had agreed not to stalk, threaten, or harass Pearle or their 2 daughters, and Pearle had filed a complaint on April 17 reporting that Battaglia had left an abusive message on her phone.) Battaglia picked up Faith and Liberty for a pre-arranged visit that afternoon and took them back to his downtown Dallas loft. Pearle went to a friend's house. When she arrived, she was told the girls wanted to speak with her. She called Battaglia's apartment and he put Faith on the phone. Faith asked, "Mommy, why do you want Daddy to go to jail?" Then Pearle heard Faith say, "No, Daddy, please don't do it." Pearle heard gunshots, then Battaglia screamed "Merry fucking Christmas," and there were more gunshots - 7 in total. Battaglia was arrested outside of a nearby tattoo parlor, where he had gone to get 2 roses representing his slain daughters tattooed on his arm. At trial, the state traced a pattern of violence, using testimony from Battaglia's 1st wife Michelle Ghetti, who told of the 2 years of physical abuse and harassment she endured while married to Battaglia. The defense offered testimony concerning Battaglia's mental instability, and tried to argue that he would not pose a future threat to society if his life were spared. On appeal, Battaglia has continued to pursue - unsuccessfully - those 2 lines of argument. During a 2014 video interview with The Dallas Morning News, Battaglia said he remains "a little in the blank" about what happened to his daughters, and contended: "I don't believe I really killed them." A last-minute motion to appoint D.C. attorney Gregory W. Gardner as Battaglia's counsel in an effort to file a final claim that Battaglia is too incompetent to be executed - because he neither understands that he murdered his daughters nor that he will soon die for that - was denied by U.S. District Judge Jane Boyle on March 18. Battaglia will be the 6th Texan executed this year, and the 537th since the state reinstated the death penalty in 1976. (source: Austin Chronicle) ********************* Death penalty activist released after arrest The Rev. Jeff Hood of Denton has been released after his arrest in Huntsville on Tuesday in connection with protesting the execution of convicted murderer Adam Ward. The execution fell during Holy Week, which ends the Christian observance of Lent with Easter. Prior to his trip to Huntsville, Hood said he wanted to deepen his protest of the execution in part because it falls on the holiest week of the Christian calendar. "I'm going to walk past the barrier that keeps the protestors from the entrance," Hood said Tuesday morning. "I'll kneel, and if nothing happens, I'll just keep walking toward the entrance until they arrest me." Ward was convicted and sentenced to death after he shot and killed Commerce code enforcement officer Michael Walker in 2005. Ward's defense has appealed his sentence, arguing that the inmate suffers from severe mental illness. Hood said he sees part of himself in Ward. The pastor, now in his 30s, has bipolar disorder and has taken medication for the mental illness since he was 24 years old. According to plan, Hood walked past the police tape barrier outside the Texas State Penitentiary at Huntsville or Huntsville Unit, nicknamed "the Walls Unit," to protest the execution Tuesday evening. Hood was confronted by a pair of prison officials, who tried to dissuade the pastor from his protest. Hood was dressed in a white clerical robe with a red stole. He was detained, arrested and booked into the Walker County Jail on a Class B misdemeanor. He was released on a $1,000 bail. Photographer Ben DeSoto accompanied Hood to the death house unit and reported that Hood declined to retreat behind the barrier tape and was arrested. The minister surrendered to officials. Other protesters remained with signs and candles. The Associated Press reported that Ward was given a lethal dose of pentobarbital and as it took effect, he took a deep breath followed by a smaller one. He then stopped moving. He was pronounced dead at 6:34 p.m. - 12 minutes after the drug started to flow into him. "I found out that Adam died at about the same time I was booked into jail," Hood said Wednesday. "Once they put me in jail, I sang hymns and prayed. I was sitting there singing, my hands up. I looked like a regular evangelical. I felt grateful, and I thought about Adam. I felt like God was telling me that Adam was at peace." The pastor sounded tired over the phone. He was released from jail about 1 a.m. Wednesday and immediately drove to Austin to testify in an immigration hearing held by the Texas Legislature later in the day. Ward became the 9th killer executed this year nationally and the 5th in Texas, which carries out capital punishment more than any other state. Hood is on the board of the Texas Coalition to Abolish the Death Penalty, an issue he's been devoted to for the last 4 years. The pastor has walked hundreds of miles to protest Texas capital punishment, and he regularly visits death row inmates to minister to them. Hood said he sees the execution of Texas prisoners as "a re-enactment of Holy Week." Death row inmates are permitted a final meeting with friends and family in their unit in Livingston. They can share snacks from a vending machine, Hood said, and have "a sacramental moment around the last meal." The pastor imagines the trip to the death chamber as a shadow version of the Passion playing out. "They're taken to Huntsville," he said. "They're paraded through the streets. They are brought to the death chamber in Huntsville. They are walked through halls up to the space. They have to climb up onto the gurney, their arms are extended and they are executed. "Their skin is pierced with metal. They are taunted, in some ways, before the execution. There are witnesses - sometimes their family is there. The last thing you hear in that chamber is the pronouncement of death." While he did not expect his protest to halt the execution, Hood said he has felt called to "go deeper" in his protest, which he considers a spiritual discipline. He found examples for his plans in the story of a Buddhist monk in Dallas and in the Bible. The monk told Hood the story of walking and talking with his mentor in downtown Dallas. The 2 men turned a corner and saw a group of men beating a man. The monk told his mentor he would call 911. The mentor intervened, Hood said. "He looked at the situation and said, 'Wouldn't it be more fun to beat up a couple of Buddhist monks than this guy?'" Hood said. "That story has always demonstrated to me that the call of faith, the call of divine living, spiritual enlightenment - whatever you want to call it - is about placing our body between the oppressed and the oppressor. And I count it as a sacrament every time I feel called to do that." He looks to the Book of Matthew for guidance, too, and says the chapter commands Christians to minister to the most vulnerable members of society. "Look at death row. It doesn't get much more vulnerable than that," he said. In his work ministering to death row inmates, Hood said he's met men who grew up in poverty, burdened by mental illness, systemic racism, broken families and addiction. Hood has to confront the horrors the inmates have committed in his ministry, including the murders of children. Hood is a husband and father of 5 young children. "We execute someone who sexually abuses and kills a child," he said. "Someone who bankrupts our economy and destroys the lives of millions of children? Our value system is so screwed up, and so I think the call to follow Jesus is one of not only to place our bodies between the oppressed and the oppressor, but also pushing back against this entire paradigm, that human value is based on human actions. That's not the message of Grace." Hood is no stranger to the activist pulpit. The minister, who earned his theological training in a Baptist seminary, planted a short-lived church in Denton to minister to gay, lesbian, bisexual and transgender seekers, and preached what he calls "queer theology." He later served the Cathedral of Hope, which is said to be the world's largest liberal Christian church with an outreach to LGBT residents in Dallas. Last August, Hood was an outspoken advocate for an investigation into the death of Joseph Hutcheson, who died in police custody in the lobby of the Dallas County Jail. The Dallas County Medical Examiner's office ruled the death a homicide. Hood said he was looking forward to coming home to his wife, Emily, and their children on Wednesday night. "I do this for them," he said. "I do it for the gospel and for the love of Jesus. But it's important to me for my children to grow up knowing that their father isn't silent in the midst of all this killing." (source: Denton Record Chronicle) NORTH CAROLINA: Prosecutor to seek death penalty in Greensboro delivery driver's death Guilford County prosecutors plan to seek the death penalty in the slaying a restaurant delivery driver last year. Prosecutors said Monday they will seek a death sentence for 22-year-old Jeremy Carter of Greensboro, The News & Record of Greensboro (http://bit.ly/1ZnIvHr) reported. Carter is accused of killing 30-year-old Bakri Khidir Mohamed Khidir last fall. Khidir was a Sudanese delivery driver for an Italian restaurant in Greensboro. He was sent out with a $30 order of chicken wings on the night of Oct. 11 and never returned. Assistant District Attorney Stephen Cole said there is sufficient evidence that Carter killed Khidir in an armed robbery. Armed robbery is one of the crimes that can justify a death sentence under North Carolina law. "The death penalty is what we want," Khidir's cousin, Abdelrahman Ali, told the newspaper. "We do want to take this case as slowly as possible so we can get more evidence from the sheriff's office. The more evidence we get the more this case will go towards the death penalty." The restaurant owner called sheriff's deputies after finding Khidir dead at the address where he was to make a delivery the night he was killed. The paper reported that a 19-year-old female driver had planned to deliver the order, but Khidir insisted on taking it because he said the neighborhood wasn't safe. Cole said that deputies had obtained a search warrant for Carter's property. He said they found a .22-caliber gun, consistent with what they believed was used to kill Khidir, inside Carter's vehicle. Authorities arrested Carter on Oct. 12 on charges including murder and robbery. Sabrina Bailey, Carter's attorney, requested that a capital defender be appointed to the case. (source: Associated Press) GEORGIA----new execution date Georgia sets execution date for man convicted in '96 killing The head of Georgia's Department of Corrections on Wednesday set an execution date for a man convicted of killing a woman by shooting her in the head 5 times. Department Commissioner Homer Bryson scheduled the execution of 47-year-old Kenneth Fults for 7 p.m. April 12, according to a department news release. Fults pleaded guilty in 1997 to killing Cathy Bounds in January 1996, and a jury sentenced him to die. Bounds' death came during a weeklong crime spree that started when he stole 2 guns during burglaries, prosecutors said. After trying unsuccessfully to kill his former girlfriend's new boyfriend with 1 of the stolen guns, Fults broke into the Spalding County home of the 19-year-old Bounds, prosecutors said. Bounds pleaded for her life, but Fults forced her into the bedroom, put her face-down on the bed, put a pillow over her head and shot her 5 times in the back of the head, prosecutors said. Fults confessed to killing Bounds after a law enforcement officer confronted him with a boastful letter he had written in gang code that described the slaying, prosecutors said. But Fults told authorities he shot her by accident while in a dream-like state, prosecutors said. The gun used to kill Bounds and items stolen during the earlier burglaries were found at Fults' trailer home. The U.S. Supreme Court in October declined to hear an appeal from Fults. His lawyers had argued racial bias deprived him of a fair trial because a white juror who voted for the death penalty later referred to him with a racial slur. During jury selection, Thomas Buffington told the judge and lawyers on both sides he felt no racial prejudice. He was selected for the jury that sentenced Fults to death. An investigator who was part of Fults' legal team reached out to Buffington 8 years later to ask about his experience on the jury. "Once he pled guilty, I knew I would vote for the death penalty because that's what that (N-word) deserved," Buffington said, according to an affidavit signed April 12, 2005. Buffington died in 2014. Fults' lawyers had tried for 10 years to get a court to consider evidence of racial bias, but state and federal judges had already rejected Fults' appeal by the time the Supreme Court rejected the case without comment in October. Georgia has already executed 2 inmates this year, and another inmate, Joshua Bishop, is scheduled to be put to death March 31. FLORIDA: Cherish Perrywinkle's last moments released Cherish Perrywinkle's last moments caught on surveillance video, walking through a retail store with an older man believed to be the principal suspect in her disappearance. The State Attorney's Office released hours of surveillance video and 911 calls on Tuesday related to the eight-year-old's death. Donald Smith is accused in the sexual battery and murder of the child abducted from a Walmart in 2013. In the surveillance footage you can see a man that resembles Smith walking with Cherish through a Northwest Jacksonville Walmart. The man had offered to buy her and her daughter clothes from Walmart earlier that evening. At 11:18 p.m. on June 21, 2013 Rayne Perrywinkle - Cherish's mother - calls 911, frantically searching for her child who she says was last in the company of Smith. Smith was arrested less than 10 hours later when a police officer spotted Smith's white van driving on Interstate 95 near downtown. This criminal case is in front of a Duval County judge, still waiting to go to trial. Smith is charged with 1st-degree murder, kidnapping a child under the age of 13 years and sexual battery of a victim less than 12. His legal team was in court earlier this month where his attorney filed a motion to continue his trial despite the recent developments in Florida's death penalty statute. A judge has changed Florida's death penalty law to pull power out of the judge's hands and place it with the jury. (source: firstcoastnews.com) MISSISSIPPI: 2 charged with capital murder in death of Biloxi man found near Ocean Springs 2 Harrison County residents with prior criminal records have been arrested and charged with capital murder in the death of a Biloxi man whose body was found on a dirt road southeast of Ocean Springs. According to Jackson County Sheriff Mike Ezell, Hubert Patrick Anderson, 35, and Rita Olivia Johnson, 36, were arrested Tuesday and charged with murdering 29-year-old Biloxi man Donta Lashawn Banks. Banks' body was found by a sheriff's deputy on patrol Tuesday morning laying on a dirt road running off of Cook Street in the Ocean Springs Estates subdivision -- a sprawling development adjacent to the St. Andrews community. Investigators have not commented on a probable cause of death. An autopsy was scheduled for Wednesday. During the investigation, it was learned Banks had recently purchased a 2004 Chrysler Pacifica and a description of the vehicle was sent out to surrounding agencies. A short time later, a Biloxi police officer spotted the vehicle and attempted to stop it, but the vehicle sped away and later crashed into a house on Lackland Drive in Biloxi. The female passenger -- Johnston -- was injured in the crash and taken into custody, while the driver -- Anderson -- fled on foot. Biloxi K-9 units arrived in pursuit of Anderson and a perimeter was established. During the search, Anderson was found hiding in an enclosed area of a carport on Popps Ferry Road. Johnston was treated and released into police custody at Biloxi Regional Hospital. Both Anderson and Johnston have been charged by the JCSO with capital murder, with Anderson facing additional charges from Biloxi police of felony fleeing, possession of stolen property and residential burglary. Johnston was transported to the Jackson County Adult Detention Center, while Anderson remains in the Harrison County Adult Detention Center, with holds for both the JCSO on the murder charge and the Mississippi Department of Corrections for prior convictions. Both face the death penalty or life in prison if convicted of capital murder. Neither Anderson nor Johnston are strangers to law enforcement in Harrison County. Anderson has multiple prior arrests for burglary, both residential and commercial, as well as resisting arrest, escape and numerous traffic violations. Johnston, meanwhile, was arrested in 2012 for aggravated assault with a knife. (source: gulflive.com) OHIO: Tench found guilty of killing his mother in Brunswick James Tench kept his head down Tuesday afternoon as Medina County Common Pleas Judge Joyce V. Kimbler read the verdicts in his capital murder trial: Guilty on all 8 counts. The sentencing phase of the case against Tench, 30, of Brunswick, which will include consideration of the death penalty, will begin April 4. The jury found Tench guilty on three counts of aggravated murder, 2 counts of murder, and 1 count each of aggravated robbery, kidnapping and tampering with evidence in the 2013 death of his mother, Mary Tench. The jury began deliberations Tuesday afternoon and members were sequestered overnight. On Nov. 13, 2013, Mary Tench was found dead in her SUV in an industrial park on Carquest Drive, less than a mile south of the Camden Lane home that the 55-year-old shared with her son in Brunswick. Sentencing County Prosecutor Dean Holman said Tench could face the death penalty, life without parole, life with no parole for 30 years or life with no parole for 25 years. The prosecution also will be asked for its recommendation at the hearing April 4. Kimbler instructed jurors to remain available for the continuing procedures, not to talk about the case and not to read or watch media coverage. She also said jurors, including the 4 alternates, should be prepared to be sequestered as of April 4 for the sentencing phase. The judge noted during discussions with lawyers and jurors that it had been brought to her attention that April 4 is the date of the 1st home game of the 2016 season for the Cleveland Indians. When asked, no juror said he or she had a schedule conflict for that day. In an interview after the verdicts were announced, Holman said: "I am happy with the verdict. The Brunswick Police put together an excellent case." Holman termed it a "circumstantial case," explaining there was no confession from Tench and no eyewitnesses. "The fact they (the jury) found him guilty on all counts and specifications is significant," Holman said. More than 40 pieces of evidence were presented in the trial that spanned 4 weeks. "We respect and appreciate the work and diligence of the jury in this case," Holman said. He presented 53 witnesses in the case including officials from the Brunswick police, the Ohio Bureau of Criminal Investigation, 2 Secret Service agents, an FBI agent and an FBI chemist. Tench's attorney, Kerry O'Brien, did not return a call seeking comment Wednesday. Missing person Mary Tench was found to have suffered skull fractures and blunt trauma to her head and neck. The Medina County coroner ruled her death a homicide. She had been reported missing about 3 a.m. Nov. 12, 2013, by her son and her body was located later that afternoon. 2 days after her death, Brunswick police turned over James Tench to Strongsville police in connection with a restaurant robbery. After Tench filed the missing persons report, police arrived at the Camden Lane home to investigate and reported what they called suspicious activity. When police said they wanted to use Mary Tench's credit cards to track her possible movements, James Tench provided a card and said he had bought toiletries and gas with it earlier that day. The prosecution noted during the trial that Tench called off from work, saying he was distraught about his mother's disappearance. Prosecutors said in a court document that "it seemed odd for him to be out buying everyday items if he was so distraught." Tench told detectives the last time his mother contacted him was a missed call she allegedly had placed at 11:51 p.m. the previous night. Detectives told Tench that the call was made from their Camden Lane home, according to GPS records. The trial During his trial this week, Tench testified he saw his mother writing checks to pay bills prior to her disappearance. He said he was forging checks belonging to her without her knowledge, which is why he robbed a restaurant in Strongsville on Oct. 28, 2013. He said he wanted to replenish some money to her account. He was asked why he didn't go to his mother right away about the money issues, but instead tried to cover everything up. Tench replied his mother died not knowing he had robbed the restaurant and he didn't know why he didn't speak to her about finances. On March 11, 2014, Tench pleaded guilty to robbery, a 2nd-degree felony, with firearms specifications. Other charges were dropped as part of a plea deal with prosecutors. The robbery charges originally included kidnapping because he reportedly held people at the restaurant against their will at gunpoint. Tench was sentenced to 5 years in the robbery case and has been incarcerated at Richland Correctional Institution in Mansfield. (source: Medina County Gazette) KANSAS: Kyle Flack convicted in quadruple killings, could face death penalty Jurors have convicted an eastern Kansas man in the fatal shootings of 3 adults and a toddler in 2013. Franklin County court officials say the jury found 30-year-old Kyle Flack guilty of capital murder on Wednesday for the deaths of Kaylie Bailey and her 18-month-old daughter, Lana. That means Flack could face the death penalty when sentenced next week. He also was convicted in the deaths of Bailey's boyfriend, Andrew Stout, and his roommate, Steven White, who lived in a rural farmhouse where Flack sometimes stayed. It's unclear what led to the shootings. Investigators say Flack at one point told detectives that 2 drug dealers may have been involved, but detectives determined those people didn't exist. The defense called no witnesses during the trial. Jurors began deliberating Wednesday morning. (source: Associated Press) USA: Feds to appeal ruling vacating cop-killer Ronell Wilson's death sentence Federal prosecutors will appeal a decision by a Brooklyn federal court judge vacating convicted cop-killer Ronell Wilson's death sentence. The Brooklyn-based office of the U.S. attorney for the Eastern District of New York filed a notice of appeal Tuesday in the U.S. Court of Appeals for the Second Circuit contesting last week's ruling by District Court Judge Nicholas G. Garaufis. Garaufis overturned Wilson's death sentence, ruling Wilson was intellectually disabled. The U.S. Constitution "forbids the execution of intellectually disabled persons," said Garaufis. The judge said his decision to strike the death-penalty sentence and impose a series of consecutive sentences of life in prison without parole was based on a "careful interpretation of the evolving (U.S.) Supreme Court precedent and a sober review of the evidence." Wilson, 33, was sentenced to death in 2013 in a penalty-phase retrial after Garaufis previously ruled the former Stapleton gang member was not mentally incapacitated. The defendant was convicted of murdering Detectives Rodney J. Andrews, 34, and James V. Nemorin, 36, during an undercover gun buy-and-bust operation in Tompkinsville on March 10, 2003. A prior Brooklyn federal court jury had sentenced Wilson to death in 2007. 3 years later, an appeals court tossed out the sentence due to prosecutorial errors during the original penalty phase of the trial. The convictions stood, and Wilson was retried for the penalty phase only. Jurors again voted for death. Wilson appealed, and in July 2014, the Second Circuit Court of Appeals ordered Garaufis to reconsider Wilson's claim of intellectual disability in light of a recent U.S. Supreme Court ruling. The country's highest court found that Florida had adopted a too-rigid cutoff for IQ test results in deciding who could be spared the death penalty due to intellectual disabilities. In his prior ruling in 2013, Garaufis determined that Wilson, based on his IQ scores, was not intellectually disabled. But he said he did not consider other evidence of intellectual disability in Wilson's adaptive functioning, which deals with a broad array of abilities, skills and behavior. Taking such criteria into consideration, the evidence showed Wilson has intellectual and adaptive deficits, and those issues developed before the age of 18, said the judge. "The court finds that Wilson has demonstrated significant defects in adaptive functioning and he therefore meets the legal standard for proving intellectual disability," wrote Garaufis. "Accordingly, Wilson is ineligible to receive the death sentence that has been imposed on him." Even so, Garaufis said he "harbors doubts" whether most medical clinicians would deem Wilson intellectually disabled. But the Supreme Court ruling in the Florida case strongly suggests the legal standard forbidding execution of intellectually disabled people "has become more protective than the clinical standard," wrote the judge. A spokeswoman for the U.S. attorney's office in Brooklyn declined comment on the appeal. David Stern, a lawyer for Wilson, could not immediately be reached for comment. (source: Staten Island Advance) *************************** How the death penalty may keep innocent people in prison Utah's conservative state Senate recently voted to abolish the death penalty. The action reflects a growing bipartisan recognition of the documented flaws of the death penalty, including its high cost, decades-long appeals and faulty lethal injection protocols. To get the measure through the Republican-led House, Utah legislators might point to another reason to abolish capital punishment, one counterintuitively illustrated in the recent executions of a Texas serial killer and an Oklahoma gangbanger: state executions of the guilty sometimes impede exoneration of the innocent. A case in Texas Rodney Lincoln was convicted in 1982 of murdering JoAnn Tate and violently assaulting her 2 young daughters. The crime scene was bloody and brutal, but the evidence against Lincoln was tenuous. There was a shaky hair analysis, a smattering of other physical evidence and little else. Except, that is, for the testimony of Tate's 8-year-old daughter, Melissa Davis, who survived the attack. Davis picked Lincoln out of a lineup and identified him as the murderer at trial. Largely on the strength of that single identification, Lincoln was convicted and sentenced to 2 life terms. Despite DNA tests on the hair evidence that found no match to Lincoln, Lincoln remains in prison. But 33 years later, Davis (not her present name) no longer believes that Lincoln was the man who killed her mother. After watching a true crime show about her case, Davis realized that convicted serial killer Tommy Lynn Sells was the real killer. Tommy Lynn Sells was one of the most notorious, and lethal, serial killers in U.S. history. He is believed to have murdered scores of people, and has personally claimed responsibility for as many as 70 killings across the country, including a family of 4 only 80 miles from the Tate/Davis home. Details from the gruesome crime scene are eerily similar to those found in other killings committed by Sells. If Davis is right, Lincoln has spent 33 years in jail for a murder committed by a convicted serial killer. Clarity might have been obtained simply by questioning Sells about the incident. Indeed, Sells confessed to numerous killings from his death row cell, helping clear up several cold cases. But that option is no longer available because Sells was executed by the State of Texas in 2014. Lincoln remains in prison. And 1 in Oklahoma A similar story played out recently in Oklahoma, where Judge Sharon Holmes presided over a postconviction hearing to assess claims brought by 2 men, Malcolm Scott and De'Marchoe Carpenter, who have been imprisoned for more than 20 years for a murder they say they didn't commit. The case at trial was weak. No physical evidence linked them to the crime - a drive-by shooting of a teen house party that resulted in the death of Karen Summers. 2 witnesses claimed that they saw Scott and Carpenter in the car or shooting from it, but both witnesses now say that they actually did not see anything but testified because of police coercion. The heart of the state's case, in any event, was the testimony of Michael Lee Wilson. When Wilson was initially picked up, police found him in possession of the murder weapon (confirmed through ballistics) and the rental car used in the shooting. But police let him go. Wilson later pleaded guilty as an accessory after the fact and received a 5-year sentence. In exchange, he fingered Scott and Carpenter as the killers. Almost entirely based on his testimony, Scott and Carpenter were convicted and sentenced to life in prison. Wilson, meanwhile, was given a reduced bond and released. 3 months later, he and 2 other men killed a store clerk during a gas station robbery. All 3 men were convicted and sentenced to death. Fast forward 20 years to 2014. After Wilson's appeals ran out, Wilson confessed, saying that Scott and Carpenter had nothing to do with the shooting and had spent the last 2 decades in prison for crimes they didn't commit. The dilemmas of Lincoln, Scott and Carpenter might seem like anomalies, but they are not. Postconviction DNA testing has not only exonerated 337 persons to date, it has also identified 140 actual perpetrators whose DNA is recorded in the database. As of January 1, 2016, there were 2,943 prisoners on death row, and given what we have learned as a result of DNA exonerations, it is almost certain that some of them committed additional crimes for which other innocent persons have been convicted. In New York, for example, Jeff Deskovic was convicted for the schoolyard murder of 15-year-old Angela Correa in 1989. 4 years later, Deskovic's classmate, Steven Cunningham, was convicted of a different murder. Cunningham was serving a 20-year to life sentence for that crime when he confessed that he, not Deskovic, had killed Angela Correa. Deskovic was exonerated after spending 15 years in prison. In 1993, Ruddy Quezada was convicted of a drug-related shooting, but doubts emerged about Quezada's guilt. Eventually, another federal prisoner serving multiple life sentences for contract killings confessed to the shooting. Quezada was released after spending 22 years in prison for the wrongful conviction. In another case, Douglas Warney called the police claiming that he had information about the murder of a woman for whom he worked as a house cleaner. After a 12-hour interrogation, Warney, who had an eighth grade education and was mentally ill, confessed. He was convicted and sentenced to 25-years-to-life in prison. There were, however, troubling inconsistencies in the confession, and when blood evidence was later tested, the DNA matched neither Warney nor the victim, but a man named Eldred Johnson Jr., who was serving a life sentence for other crimes. When questioned, Johnson confessed to the crime, which he said he committed alone. As a result, Warney's conviction was vacated and he was released. Deskovic, Quezada and Warney might all still be in jail if the actual perpetrator of the crimes for which they were convicted had not come clean. Caught up in the system Few, undoubtedly, are saddened by the execution of killers like Tommy Lynn Sells and Michael Lee Wilson, and it is hard to credibly argue that Sells and Wilson didn't "deserve" to die for their crimes. But as the Lincoln, Scott and Carpenter cases show, there are more considerations than simple blameworthiness to consider. In a courtroom in January, Judge Holmes somberly viewed the videotaped conversation between Michael Lee Wilson and an attorney from the Oklahoma Innocence Project in which Wilson admitted that his trial testimony against Scott and Carpenter was false. According to Wilson, neither man had anything to do with the shooting. The prosecutor dismissed Wilson's recantation as merely an attempt to help out fellow gang members. He had no opportunity to question Wilson about his statement, of course, because 2 days after giving the statement, Wilson was executed by the state of Oklahoma. It is too soon to know what will happen to Scott and Carpenter. That depends on Judge Holmes, but if she has doubts, she won't be able to look to Wilson to resolve them. Scott and Carpenter's cases, like Lincoln's, remind us of yet another reason why executing convicted criminals is costly. For the wrongly convicted, the search for truth is never-ending, and sometimes the answers lie in the hearts and minds of convicted, and indisputably guilty, criminals. If we execute those with the darkest secrets, we make it that much harder for the innocent to find the light. (source: The Conversation) ***************** Justice Dept. power to fast-track death penalty cases restored A federal appeals court on Wednesday restored the Justice Department's authority to let states put death penalty cases on a "fast track" once they reach federal court, overturning a Bay Area judge's nationwide ruling. A 2005 federal law, which has yet to take effect, authorized the Justice Department to approve fast-track authority for any state that appoints competent, adequately paid lawyers to represent condemned prisoners. Once an inmate's death sentence is upheld in state court, a fast track would shorten the deadline for filing a federal appeal from a year to 6 months. A federal judge would then have 15 months to rule on the appeal, and a federal appeals court would have a four-month deadline after receiving all written arguments. Life-tenured federal judges have been more likely to overturn state capital cases than state judges, who are elected in most states. The fast-track process is intended to substantially shorten federal court review of state capital cases, which sometimes takes a decade or more. The fast-track process was first established by federal law in 1996, but that law authorized federal judges, not the Justice Department, to decide whether a state provided competent legal representation to death row inmates and thus qualified for the program. Judges have turned down every state that has applied for fast-track authority, including California in 2000. The Justice Department had not yet considered any state's fast-track application when it was prohibited from doing so in December 2013 by U.S. District Judge Claudia Wilken of Oakland. She said the Obama administration's regulations implementing the 2005 law had failed to set clear standards for lawyers' competency and had also failed to require a state to show it had complied with the law, shifting the burden of proof to inmates and their attorneys. But the U.S. Court of Appeals in San Francisco said Wednesday that the legal organizations that filed the suit - the Habeas Corpus Resource Center in California and the federal public defender's office in Arizona - had no right to sue because they failed to show that the fast-track regulations would cause them any tangible harm. "Counseling clients in the face of legal uncertainty is the role of lawyers," Judge Carlos Bea said in the 3-0 ruling. While the rules may leave the legal groups unsure about how to prepare their capital cases, which ones to file first or how to commit their resources, Bea said, they have not shown any tangible, imminent harm that would establish "standing" to sue. He also said it would be premature for any death row prisoners to sue because no states have been granted fast-track authority, although Arizona and Texas have applied. Marc Shapiro, lawyer for the legal defense organizations, said the rules they challenged would force them to scramble to file appeals under time pressure, possibly giving short shrift to some cases, and could also limit review of the cases by overworked federal judges. He said his clients plan to appeal. The Justice Department had no comment. Attorney Kent Scheidegger of the Criminal Justice Legal Foundation, which filed arguments siding with the department, said the ruling was "important not only for the families of murder victims, but also for everyone in the United States who depends upon the rule of law." (source: Bob Egelko is a San Francisco Chronicle staff writer) From rhalperi at smu.edu Thu Mar 24 09:36:34 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 24 Mar 2016 09:36:34 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 24 SOUTH AFRICA: South Africa exhumes political prisoners hanged during apartheid South Africa on Wednesday commenced the exhumation of 83 political prisoners hanged at Pretoria Central Prison during the apartheid era, Justice Minister, Michael Masutha, said. The minister said the remains would be identified and returned to their families. Report says some 130 political prisoners were hanged on the gallows of the correctional centre between 1960 and 1990. The remains of 47 of mainly members of the Pan Africanist Congress and United Democratic Front anti-apartheid organisations had been exhumed, while 83 of them remain buried in unmarked graves. The apartheid government was widely criticised for its mass executions of anti-apartheid activists, most of them black South Africans. The last execution carried out at the prison was of Solomon Ngobeni in November 1989, who was convicted of robbing a taxi driver. The last woman executed was Sandra Smith, convicted for murder in June of the same year. In February 1990, President Frederik Willem de Klerk declared a moratorium on executions in the country, while the death penalty was abolished in 1995. However, many South Africans called for the death penalty to be reinstated after a surge in violent crimes and murders in the country. A survey conducted in 2015 by the South African research group Pondering Panda found that over 3/4 of young South Africans wanted the death penalty back. (source: Premium Times) SOMALIA: Killers of female Somali journalist sentenced to death 2 Al Shabaab members who have been convicted of murdering a female Somali journalist have been sentenced to death by the military tribunal of Somalia last Sunday. Liban Ali Yarow, the chief of Somali military court said evidence brought in support of the case showed that they had execution role of Hinda Hajji Mohamed, female journalist killed in car bomb on December 3, 2015. Hinda who worked for the state media has been killed in a bomb attached under the seat of her private car which exploded out Turkish embassy building in Mogadishu's KM4 area. Abdirisack Mohamed Barrow, 28, and Hassan Nur Ali Farah, 37, were sentenced to death penalty, after the court has found them guilty of all charges against them, according to Judge Yarow who announced the verdict. 4 other co-conspirators have been sentenced to jail terms, 2 of them life in imprisonment by the Somali military tribunal for their role of the journalist murdering. Early this month, the court has sentenced Hassan Hanafi, Al Shabaab journalist to death for planning the deaths of 5 media workers who were killed in Mogadishu between 2007 and 2011. Mandera quarry terror attack that left 14 dead. On July 7, 2015, workers at the quarry were killed by fighters of the al Qaeda-linked terror group as they slept. Dubow is "armed and dangerous", read a poster the National Police Service circulated on social media on Friday. He is believed to have returned to Kenya from Somalia. On February 26, Kenyan security agencies placed a Sh8 million bounty on 4 terror suspects believed to have been behind attacks on a bus and a quarry in Mandera. Abdullahi Issak, Idriss Issack, Ahmed Uweys and Mohamed Shide allegedly planned the November 2014 ambush on Makkah Bus that left 28 dead. They have also been linked to the December 2014 killing of 36 quarry workers in the county. Mandera county ordered all quarries closed immediately to save workers from terror attacks. More than 3,000 people, mostly non-residents, rely on the mines for upkeep. Quarry workers started leaving Mandera town after the order. (source: ippmedia.com) BANGLADESH: HRW wants new trial for Mir Quasem Human Rights Watch (HRW) has urged the Bangladesh authorities to set aside the death penalty against Jamaat leader Mir Quasem Ali and order a new trial that it says would meet international fair trial standards. "Convictions can only be upheld when there is proof beyond a reasonable doubt, yet in this case there are grave doubts about the evidence after the court so strongly criticised the prosecution," Brad Adams, Asia director at the HRW, said in a press release yesterday. In death penalty cases, the authorities must adhere to the highest standards. "Human Rights Watch has long supported justice and accountability for the horrific crimes committed during Bangladesh's 1971 war. But this must be done through trials which meet international standards, particularly since the death penalty is at stake," he said. "Bangladesh owes the victims of 1971 a fair and proper accountability process." Mir Quasem Ali was convicted and sentenced to death in November 2014, by the International Crimes Tribunal (ICT) on charges of abduction, torture, and confinement as crimes against humanity during the Liberation War in 1971, said the release. On March 8 this year, the Appellate Division of the Bangladesh Supreme Court set aside three of the abduction and torture convictions. However, it upheld the conviction and death penalty sentence against Mir Quasem for the murder of Jashim Uddin during the war, it added. The HRW reiterated its call for Bangladesh to impose an immediate moratorium on the death penalty and join the growing number of states that have abolished the use of capital punishment. (source: The Daily Star) ************** Bangladesh SC Confirms Islamist's Death Sentence Bangladesh Supreme Court has upheld the death penalty of a top Islamist militant for carrying out a bomb attack in 2005 that had left 8 secular activists dead, authorities said today. "The Appellate Division of the Supreme Court yesterday confirmed the death penalty of JMB (Jamaatul Mujahideen Bangladesh) operative Asaduzzaman Chowdhury, upholding the trial court and the subsequent High Court judgments," a spokesman of the attorney general's office told PTI. 8 people had died and 40 others injured in the 2005 attack on the offices of 2 secular groups that organised cultural events. JMB was banned after a series of bombings across the country in 2005. A special Dhaka court in 2008 had handed down Chowdhury and 2 other fellow JMB members the death penalty. His other 2 accomplices were tried in absentia and are still on the run. JMB's founder Shaikh Abdur Rahman and 5 of his key associates were hanged in March 2007 and hundreds of JMB men were hunted down as Bangladesh launched a massive anti- militancy campaign. (source: outlookindia.com) MALAYSIA: Bar urges hold on executions pending death penalty review The Malaysian Bar has urged the government to declare a moratorium on any executions, in light of an impending review of the mandatory death penalty. Its president Steven Thiru said that all death sentences should be stayed pending the results of the review. "It is unfair and unjust to carry out the death sentence when there is currently a possibility of reform which, if put into effect, should apply retrospectively," he said in a statement on Thursday in response to reports that convicts P. Gunasegar, J. Ramesh and J. Sasivarnam would be executed as early as Friday. Since 2010, the Malaysian Government has announced its willingness to review the mandatory death penalty, with a view to its possible abolition or the reintroduction of a discretionary death penalty especially for drug-related offences. Steven however said that the death penalty should be abolished as it has no place in a society that values human life, justice and mercy. The 3 are on death row for the murder of B. Venukumar, then 24, on April 4, 2005. In court documents sighted by The Star, Gunasegar was charged, together with J. Ramesh and J. Sasivarnam, with murdering Venukumar at a playground in Taman Ria Raya, Sungai Petani, Kedah. Though the trio claimed during the trial that they had been attacked by a group, which included Venukumar and only defended themselves, the High Court found them guilty in 2011. The decision was later affirmed by the Court of Appeal and Federal Court. (source: The Star) RUSSIA: 'Capital crime!' Nationalist lawmaker seeks return of death penalty for terrorists MP Nikolay Nosov, representing populist nationalist party LDPR, promises to draft a bill that, if passed, will reinstate the death penalty in Russia, but only for terrorists and foreign citizens convicted of drug trafficking. "I am currently drafting a law that would introduce the death penalty for terrorists. I think we should use methods employed by the USSR and Israel - no negotiations and only death for terrorists," the lawmaker has told RIA Novosti. He added that in his view terrorism was an evil that could not be justified and therefore the authorities should not use compromise in dealing with extremists. "The world has turned into a minefield. The horrible events that have sent tremors through Europe are a logical consequence of European policies. We should stop flirting with terrorists, label them as opposition or fighters for independence, everyone must stop using them for any political purposes," Nosov noted. However, he emphasized that capital punishment could be applied only when the convict's guilt is completely proven and only for very few categories of criminals - terrorists, recruiters of terrorists and foreign citizens repeatedly convicted of drug trafficking. The moratorium on capital punishment was introduced in 1996 in connection with Russia's entry into the Council of Europe. The last execution in the Russian Federation took place on September 2, 1996. Since the moratorium came into force, Russian politicians and state officials have repeatedly proposed reintroducing the death penalty for crimes like terrorism, corruption, pedophilia and war crimes. The LDPR party has been among those who urged to return capital punishment for corrupt officials who aid terrorists. The head of the Chechen Republic, Ramzan Kadyrov, has also repeatedly urged the authorities to introduce the death penalty for terrorism, arguing that keeping convicted extremists in prisons is too expensive and also that there was a threat that terrorists serving life sentences would recruit new supporters inside prisons. The poll conducted by the privately owned center Public Opinion Foundation in mid-2015 showed that 60 % of Russian citizens would not object to the reintroduction of the death penalty. This was down from the 2014 figure of 66 %, while the highest recorded figure was 80 % back in 2001. However, the Human Rights Council, along with the Russian president, has repeatedly unanimously rejected calls to reinstitute executions for terrorist crimes, saying that the measure would be both inhumane and ineffective. In late 2015, the body's Chairman Mikhail Fedotov told reporters that in 2009, Russia's Constitutional Court prolonged the moratorium on the death penalty, with President Vladimir Putin voicing his strong support for the decision. Members of the parliamentary majority United Russia party have also refused to support the return of capital punishment. "At the present moment the issue of introducing the death penalty, including the death penalty for terrorism, is not being considered in Russia," Raphael Mardanshin (United Russia) said in a televised interview in October. The MP added that he agreed additional counter-terrorist measures were needed, but the death penalty was not the best choice for this. "For terrorists it is often an honor to die while carrying out an attack. Therefore they can actually consider execution as a good thing," Mardashin said. (source: rt.com) JAMAICA: People, politicians and 'Pontius Pilatitis' Today is Holy Thursday on the Christian calendar. Holy Thursday is commemorated as the anniversary of the Lord's Supper, the washing of the feet, and as the day before the crucifixion of Jesus Christ on Good Friday. This year, Holy Thursday coincides with the 46th anniversary of former Prime Minister P J Patterson's election to the House of Representatives in a by-election in what was then Westmoreland South Eastern. I recall my June 10 1999 column in the Jamaica Observer, headlined 'Patterson playing Pontius Pilate'. Perhaps a fortnight before that column, 9 convicted murderers had been hanged in Trinidad. Most Jamaicans were in favour of the death penalty for convicted murderers; as may still be the case today. On that occasion, P J Patterson, as prime minister, sent a letter of congratulation to the Government of Trinidad with the statement that Jamaica was soon to follow. That was the context in which the column was written nearly 17 years ago. Jamaica was not "soon to follow", as written in Patterson's 1999 letter, since Jamaica never resumed hanging - although it is still on the books. But this has more to do with the signing of certain international conventions as well as certain borrowing and trade agreements more than anything else. Whether P J Patterson knew then that Jamaica would be so obliged later to avoid carrying out the death penalty, or face the most inconvenient alternatives, I cannot say. But the letter of congratulation to the Government of Trinidad was politically expedient. The more the local anti-death penalty activists criticised the letter, the more he would gain favour among the electorate. Incidentally, Jesus Christ was also put to his death (in his case by crucifixion) out of political expediency, which is important to bear in mind on Holy Thursday. And this is why I call Patterson's 1999 letter to the Government of Trinidad and Tobago a case of 'Pontius Pilatitis'. Indeed this is part of the great political astuteness that Patterson has been known for - although he had a few defeats, such as in 1980 when he lost his seat to long-time rival Euphemia Williams. Yes, I coined the term "Pontius Pilatitis". The synonym in my unpublished thesaurus is the word 'dilemma'. And dilemma is defined by the Oxford Dictionary as "a situation in which a difficult choice has to be made between 2 or more alternatives, especially ones that are equally undesirable". To quote my June 10, 1999 column, "But which politician in the circumstances would resist the temptation to play Pontius Pilate? There are politicians in both the PNP [People's National Party] and JLP [Jamaica Labour Party] who have come out against the death penalty. But what would any of them do if they were either prime minister or minister of national security?" Pontius Pilate did not want Jesus Christ to be crucified. He 'passed the buck' by sending him to King Herod. But the Jews had no death penalty, so Herod sent him back to the Roman governor, Pontius Pilate. So Pilate tried to appease the crowd by having Jesus lashed 39 times, but to no avail. To further quote my June 10 1999 column: "But Pilate allowed the crucifixion, notwithstanding the public washing of his hands because it was politically correct. One of the alternatives Pilate faced was to crucify an innocent man and keep his job. The other was to face the possibility of being arrested for not keeping the peace and ordered back to Rome in chains to serve a term in prison. "Now, if Pilate would order the crucifixion of an innocent man who he had come to believe was the Messiah, then what can we expect from politicians when dealing with convicted murderers if the crowds are shouting for them to be hanged?" In a real way, we are all politicians. Who among us will risk his life as a crowd mobs an innocent man accused of stealing? Today, I would have written, "We all suffer from Pontius Pilatitis", but I had not yet coined the term. In 1979, some 20 years before my June 10, 1999 column, the first conscience vote on the death penalty took place in Parliament. Then prime minister, Michael Manley, voted against; while his brother Douglas voted for the death penalty. Was then Opposition Leader Edward Seaga's absence due to a case of "Pontius Pilatitis"? How could an Member of Parliament (MP) for a constituency not unknown for crime vote in favour of the death penalty? How could such an MP vote against it when most Jamaicans want the death penalty? What would we have done were we in Seaga's position at the time? In the well-known parable of the Good Samaritan, the Jews and the Samaritans were not on speaking terms. Yet a Samaritan helped the supposedly Jewish man who was badly beaten by robbers on the road Jericho. The Samaritan was righteously correct, but politically incorrect. When Norman Manley called a referendum to decide whether Jamaica should still be a part of the West Indies Federation, and called a general election months after, both of which he lost, he was morally correct, but politically incorrect. Still, expediency is not always a bad thing. I have been very expedient today in 3 ways. First, I have used P J Patterson's 1999 letter to the Government of Trinidad and Tobago to explain a part of the Good Friday story. Second, in so doing I have rubbished the accusations that I write in favour of politicians on 1 side only. And 3rd, I have indirectly pointed out that "is long time me a write fi dis newspaypa". Actually, my 1st column in the Jamaica Observer was published on April 23 1998, nearly 18 years ago, and come July it will be 28 years in all as a newspaper columnist. Have a Holy Easter! (source: Michael Burke, Jamaica Observer) MALDIVES: Maldives prosecutors defend another high profile death sentence Prosecutors defended Thursday the death sentence issued in a high profile murder case. Criminal Court sentenced Mohamed Nabeel, 22, a resident of Reef in Galolhu ward of capital Male, to death on October 22, 2010 after he was found guilty of stabbing to death 18-year-old Abdulla Farhad from Hulhudhoo ward of Addu city. High Court had upheld the sentence. The Supreme Court began final proceedings over Nabeel's death sentence on Thursday where his lawyer's request for more time to respond to the charges was granted. In the hearing, the state prosecutor stressed that Nabeel had confessed to the murder during the investigation, the trial and the appeal proceedings at the High Court. All the evidence was obtained through legal channels, he added. Regulations on death penalty that came into effect in 2014 require the prosecution to exhaust the appeal process -- the High Court and Supreme Court -- even if the convict wishes to not file for appeal. There are around 10 people on death row at present, but none of whom has exhausted the appeal process thus far. If Nabeel's sentence is upheld by the apex court, he would be among the 1st of the inmates on death row to have completed all the 2 stages of appeal. Authorities had pledged to implement the death penalty after the exhaustion of the appeal process. Prosecutors had sought the Supreme Court's confirmation of 2 other death sentences, including the sentence handed to Ahmed Murrath over the murder of prominent lawyer Ahmed Najeeb and the sentence given to Hussain Humam over the brutal murder of former Ungoofaru MP Dr Afrasheem Ali. The court had this week begun the appeal proceedings in both the cases. (source: haveeru.com) From rhalperi at smu.edu Thu Mar 24 12:50:18 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 24 Mar 2016 12:50:18 -0500 Subject: [Deathpenalty] death penalty news----PENN., USA Message-ID: March 24 PENNSYLVANIA: Westmoreland DA intends to seek death penalty in police officer's fatal shooting----Ray Shetler Jr., of New Florence, charged with killing Officer Lloyd Reed The Westmoreland County district attorney has filed a notice of intent to seek the death penalty for a man accused of shooting and killing a St. Clair Township police officer. Ray Shetler Jr., 31, is charged with criminal homicide and is awaiting trial in the death of Officer Lloyd Reed, who was shot while responding to a domestic dispute Nov. 28. District Attorney John Peck notified the court Thursday that his office will ask the jury to sentence Shetler to death if the New Florence man is convicted of 1st-degree murder. State police have said Reed was shot with a rifle when he responded to a call at the home of Shetler's girlfriend in New Florence. (source: WTAE news) USA: How to kill: America's death penalty dilemma With supplies of lethal injection drugs running low and new sources increasingly difficult to come by, states are grappling with alternatives. Virginia is the latest. Its solution: Bring back the electric chair. The bill has passed the state House and Senate, and now awaits the governor's signature. Here is how the United States got to this point: Opposition to the death penalty is rising ... In 1994, Gallup found that 80% of Americans supported the death penalty. Fast-forward to today: A poll last October showed the support had fallen to 61%. ... and more states are putting executions on hold Those are in addition to the 19 states and the District of Columbia, which have outlawed capital punishment. Since 2009 alone, Connecticut, Illinois, Maryland, Nebraska and New Mexico have abolished the death penalty. But capital punishment isn't on its way out Not by a long shot. In just the last 6 years, 17 states have executed 242 inmates. That's as of March 24. 3 states account for more than 1/2 of those: Texas, Florida and Oklahoma. The most common method? Lethal injection Lethal injection is the primary means of execution in all 31 death penalty states. In 1982, Texas became the 1st state to execute an offender via lethal injection. Since then, the United States has carried out 1,425 executions, and only 171 have relied on another method. But the drugs are drying up ... Lethal injection initially required a 3\\-drug cocktail: The 1st (sodium thiopental or pentobarbital) puts the prisoner to sleep, the 2nd (pancuronium bromide) brings on paralysis, and the final agent (potassium chloride) stops the heart. In 2010, European drug manufacturers began to ban exports of the cocktail ingredients to the United States. The following year, concerned about the use of sodium thiopental in executions, Illinois-based Hospira stopped making the drug, and Denmark-based Lundbeck banned U.S. prisons from using its pentobarbital. The United Kingdom also introduced a ban on exporting sodium thiopental, and the European Union took an official stance in 2012 with its Regulation on Products used for Capital Punishment and Torture. ... forcing states to scramble for new cocktails Death penalty states began looking for alternatives. Among them: procuring the drugs from alternative sources, devising a 1-drug method, employing other drugs such as midazolam or propofol, and using controversial compounding pharmacies to manufacture the drugs. This has spurred a cascade of lawsuits Such lawsuits saw a significant uptick in 2014. That's the same year numerous executions, all employing midazolam, were widely considered botched. In Ohio, Dennis McGuire gasped and convulsed for 10 minutes before dying. In Arizona, Joseph Wood snorted and gulped for air as he died over a period of 2 hours. And in Oklahoma, Clayton Lockett writhed for 43 minutes before succumbing to a heart attack. After each of those cases, states issued holds on capital punishment while the processes were reviewed. Attorneys for death row inmates in several states have also used these botched efforts to challenge the constitutionality of their clients' executions. Now, states are looking at alternatives ... In 2014, Tennessee said that when lethal injection drugs can't be found, the state can use the electric chair. The next year, Utah successfully passed legislation to reintroduce firing squads. 14 other states have a secondary means -- Oklahoma actually has 3 -- but in those states, inmates must opt for them. ... which brings us back to Virginia Virginia used electrocution exclusively until 1995, when the state began permitting death row inmates to choose between the chair and lethal injection. Since then, 7 condemned men have opted to die by electrocution. But those were the exceptions. The majority of Virginia's 87 executions since 1995 -- as in the rest of the country -- were carried out via lethal injection. Gov. Terry McAuliffe hasn't said whether he will sign the bill, and as of Wednesday, 3 members of his communications staff hadn't responded to CNN inquiries about whether he would. But, with drugs becoming increasingly harder to come by, more states will have to tackle this challenge soon. (source: CNN) From rhalperi at smu.edu Thu Mar 24 12:51:04 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 24 Mar 2016 12:51:04 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 24 CANADA: Trudeau Should Follow Dad's Footsteps on Death Penalty, Advocate Says----Prominent US activist in Vancouver tonight to call Canadians to action. Leno Rose-Avila remembers the 1st time he met someone who narrowly avoided the electric chair. While attending a debate 3 decades ago, a United States district attorney stated that nobody on death row had ever been found innocent. "I'm innocent," protested a man in the audience, Rose-Avila recalls, "and I just got off death row." The black ex-convict, Joseph Green Brown, had been exonerated just 15 hours before his scheduled execution when authorities admitted they knew the witness who helped convict him was lying. (In a strange twist, Brown, who became an anti-capital punishment campaigner, was convicted of different charges -- the 2nd-degree murder of his wife -- in 2013 and sentenced to 15 years in prison.) Today, Rose-Avila heads the anti-execution group Witness to Innocence, a death row survivor-led organization founded by Helen Prejean, the nun depicted in Dead Man Walking. It's now been 40 years since Pierre Trudeau's government abolished the death penalty in Canada, though only by a razor-thin 7 votes. "Those who vote against the bill," the prime minister warned MPs in 1976, "cannot escape their personal share of responsibility for the hangings that will take place if the bill is defeated." Rose-Avila is in Vancouver tonight to call on Canadians -- and Justin Trudeau -- to push their southern neighbours to end the "inhuman" practice. He sat down with The Tyee to explain why. The Tyee: Canada hasn't had the death penalty for decades. There's a sense that we can't do anything -- it's not our moral responsibility. Leno Rose-Avila: It is your moral responsibility. Other people pressured Canada when Pierre Trudeau eliminated it. Now you have an opportunity to do that. People in Europe for years have been working to abolish the death penalty in the U.S. People used to ask me, 'What do Europeans have to do with it?' Well, they've actually gotten people off of death row, and they stopped the sale of all the chemicals used to execute people from European companies. We're your neighbours, we're doing something wrong, and you've got to correct us. And just like you would in your city, if you saw somebody was abusing their spouse, you'd report them. If you saw somebody abusing their animals, you'd report them. That's a responsibility you have. Here, you have your neighbouring country killing its own citizens. It would be wrong for Canadians not to say, 'Stop it. We know you're a smarter country. We know you can do better.' Talk about the racial overtones of the death penalty. The majority of people on death row are minorities. That's because we put more emphasis on what the colour of the victim was. If the victim was Anglo-Saxon white -- and particularly if the [accused] is a person of colour, primarily black -- you're more likely to get the death penalty. White people also get the death penalty; [those who do are] low income and don't have the proper representation. So the two factors are economics and race. And race is a bigger factor. Do you think there's more popular interest in wrongful convictions through podcasts like Serial or shows like Making a Murderer? There's a sense in both those cases that there was a prosecutorial zeal to get someone and to railroad them through the system. For every one of our members who's been found innocent, there was prosecutorial or police misconduct. A lot of times, they know they have the wrong guy. But they have enough that in a court of law, who are you going to agree with -- the prosecutor and police, or somebody they say killed somebody? Most of the defendants don't have good attorneys. Right now we have prosecutors and police who are coming to us saying, 'We've made mistakes. I want to help you.' We even have wardens who oversaw executions who [now] say, 'It was wrong. I saw innocent people being executed and even the guilty should not be executed.' Was there something for you, personally, that made this issue hit home for you? In 1985, I joined Amnesty International in the South where we have a lot of death penalty cases. The deeper I got into it, the more reasons I found to work on it. In 1986 or 1987, I met my 1st innocent person that came off death row -- he came within 4 hours of being executed -- Shabaka, better known as Joseph Green Brown. What was he like? Was he quite angry about his experience? What struck me most about Shabaka was his sense of humour, his calmness and even though he was emotional, he wasn't super angry -- that they didn't let him out of death row to give a kidney to his brother when his brother needed it to survive, and died. That they didn't let him out for his mother's funeral. That he came within hours of being executed. The heroes of the American judicial system are those people who survive prison, especially the exonerated men and women of death row. (source: The Tyee) MALAYSIA: Stop possible 'Good Friday' execution of Gunasegar Pitchaymuthu Malaysians Against Death Penalty and Torture (Madpet) is shocked to hear that Malaysia may be executing 34-year-old Gunasegar Pitchaymuthu, possibly on Good Friday (March 25, 2016). In a letter from the from the Taiping Prison???s Department, received by the family on Wednesday, it was stated that that they should visit him for the last time as he would be executed "soon". The family was also advised to discuss arrangements to claim Gunasegar's body for his funeral. (The Star, March 24, 2016). The letter provided no date or time for execution, but it was reported that executions in Malaysia usually happen on Friday morning. Malaysia is in the process of considering the abolition of the death penalty, starting possibly with the abolition of the mandatory death penalty. Nancy Shukri, Minister in the Prime Minister's Department and also the de facto Law Minister, was reported stating that the proposal to amend laws to abolish the mandatory death sentence may be tabled in Parliament as early as March this year. (Malay Mail, Nov 17, 2015). Attorney-general Apandi Ali also did commit to propose to the Cabinet that the mandatory death penalty be scrapped (The Malaysian Insider, Nov 13, 2015). Apandi, who is also the public prosecutor, said that '...mandatory death sentences were a 'paradox', as it robbed judges of their discretion to impose sentences on convicted criminals....' "If I had my way, I would introduce the option for the judge in cases where it involves capital punishment. Give the option to the judge either to hang him or send him to prison. "Then we're working towards a good administration of criminal justice," Apandi had said. Victim of mandatory death penalty As such, Malaysia should not be executing anyone at this time, especially persons who are victims of the mandatory death penalty. Gunasegar was convicted of murder, and that carries the mandatory death penalty. He was on death row for his role in the murder of B Venukumar on April 4, 2005, which means that he was merely 23 years old when the alleged crime was committed. It must be noted that '...In court documents sighted by The Star, Gunasegar was charged, together with J Ramesh and J Sasivarnam, with murdering Venukumar at a playground in Taman Ria Raya, Sungai Petani, Kedah. Though the trio claimed during the trial that they had been attacked by a group, which included Venukumar and only defended themselves, the High Court found them guilty in 2011...' (The Star, March 24, 2016). It must be noted that even if one is represented by a lawyer, lawyer errors at the court of first instance can lead to injustice being done, and the possibility that an innocent man be sent to his death. If evidence was not challenged, or not adduced at the court of first instance, it is extremely difficult to introduce relevant evidence later at the appellate stage. We recall also the case where an innocent man was wrongly executed, whereby in January 2011, Taiwan's Ministry of Justice admitted that Chiang Kuo-ching, a private in the Air Force, had been executed in error in 1997 for a murder committed 15 years previously. We recall the words of former Court of Appeal Judge KC Vohrah who said, "The law is the law but I wish Parliament would abolish the death sentence because if a mistake is made, it would be irreversible. There are other ways of dealing with heinous crimes." Royal intervention Madpet urges the Sultan of Kedah and/or Sultan of Perak, to intervene and stop this hanging, as was done by Sultan of Johor in 2014 who saved Chandran s/o Paskaran from being hanged. The crime was committed in Kedah, whilst Gunasegar is being imprisoned in Perak, and in all likelihood, execution will be carried out also in Perak. Madpet also urges Nancy Shukri, the de facto law minister, and the attorney-general, to act and obtain a stay of execution as they did before, in the case of Osariakhi Ernest Obayangbon (aka Philip Michael) in 2014. On Dec 18, 2014, the UN general assembly reaffirmed for the 5th time since 2007 the urging for a stop to all executions. In 2014, 117 nation-states voted in favour, 38 against, 34 abstained, with 4 absentees. Every time the said resolution had been adopted, the number of votes in favour has been increasing. The global trend continues to be for abolition. The urging for the abolition of the death penalty in Malaysia has been made by many individuals, bodies and civil society organisations, including Malaysian Human Rights Commission (Suhakam), Malaysian Bar, and Madpet. Madpet prays the planned execution of Gunasegar Pitchaymuthu be stopped and that his sentence be commuted. Madpet also urges a moratorium on all executions pending abolition, and also for the commutation of sentence of all persons on death row, whereby in October 2015, the number on death row as disclosed was about 1,022. Madpet also urges Malaysia to abolish the death penalty. [CHARLES HECTOR is coordinator for Malaysians Against Death Penalty and Torture (Madpet).] (source: malaysiakini.com) From rhalperi at smu.edu Thu Mar 24 15:14:24 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 24 Mar 2016 15:14:24 -0500 Subject: [Deathpenalty] death penalty news----N.C., MO. Message-ID: March 24 NORTH CAROLINA: NAACP: Attorney General should review wrongful convictions North Carolina's attorney should set up a group to investigate claims of wrongful convictions to prevent more innocent people from being in prison, the head of the state NAACP said Thursday. The Rev. William Barber also called on Gov. Pat McCrory to establish a task force to recommend ways to strengthen protections against wrongful convictions. At a news conference, he said both the governor and Attorney General Roy Cooper - running against each for governor in the 2016 election - should come together to support a moratorium on the death penalty. "Put down being competitors for the season of Easter," Barber said. "Come together and do what's right." Barber held the news conference to focus on 2 murder cases - 1 in Winston-Salem and another in Greenville - where defense attorneys say innocent men have been in prison since the 1990s. Both men rejected plea deals for lesser sentences because they refused to admit to murders they didn't commit, Barber said. "This is what happens when a system is infected and infested with racial class bias," Barber said. "And the only way to stop it is to deal with it, have grown-up conversations, free the innocent people" and a create a system that prevents wrongful convictions. Conviction integrity units such as ones in Harris County, Texas, and Brooklyn, New York, are one reason a record number of people falsely convicted of crimes - 149 - were exonerated in 2015, Sam Gross, editor of the National Registry of Exonerations, has said. The registry is a project of the University of Michigan Law School that has documented more than 1,740 such cases in the U.S. After the news conference, participants delivered letters to the offices of McCrory and Cooper, calling for the release of the 2 men - Kalvin Michael Smith in Winston-Salem and Dontae Sharpe in Greenville. Their families and supporters also attended the news conference. Cooper's office said in an email to The Associated Press that a meeting was held with Barber and representatives of the NAACP. "We look forward to working with them to address systemic issues in the criminal justice system," said the email from Noelle Talley, public information officer for Cooper. McCrory's office didn't immediately respond to Barber's comments. (source: WRAL news) *********** Hundreds attend memorial service for Darryl Hunt There were few empty seats left last Saturday afternoon at Emmanuel Baptist Church as more than 500 people gathered at the church located on Shalimar Drive to celebrate the life of Darryl Hunt, a man who was released from prison in 2004 after serving 19 years for a murder he did not commit. In 1984, Hunt was wrongfully convicted of the rape and murder of Deborah Sykes, a white copy editor at the Sentinel, a newspaper in the city. After being released, Hunt dedicated his life to educating the public about the flaws in the criminal justice system and providing resources and support for those to rebuild their lives. During the service, pastor of Dellabrook Presbyterian Church Rev. Dr. Carlton Eversley said although Hunt converted to Islam while in prison, "he never gave up on Jesus and Jesus never gave up on him." "He was determined to fight for justice, freedom and education," said Eversley. "Darryl taught us how to deal with racist injustice without hatred, bitteness and anger." Eversley mentioned the best memorial we can make to Hunt is to pursue the things that he thought was important: to oppose the death penalty, support people coming out of incarceration, and to fight against false allegations. Although Hunt's death has not been officially been declared a suicide, Winston-Salem police said that a gun was found near his body and he appears to have killed himself with a gunshot to his mid-section. A police report noted that a gun was found near Hunt's body and that the vehicle was locked. Attorney and Winston-Salem State University professor Dr. Larry Little, one of Hunt's closest friends and supporters, told those in attendance that he had found a goodbye note. Hunt felt bad about the split from his wife and had been recently diagnosed with stomach and prostate cancer and was told he only had a few months to live. "It was clear he was frustrated and in a lot of pain," said Little. He wanted us to know that he loved this community." Little mentioned Hunt asked the community to support his ex-wife and not to forget about Kalvin Michael Smith, who is currently serving a 29-year sentence for a crime many believe he did not commit. Other speakers during the service included, N.C. NAACP president Rev. William J. Barber, and Rev. Dr. John Mendez who was also one of Hunt's closest friends. Barber said that after he got the news of Hunt's death, he sat for a moment very still and tried to find the words to describe the life of someone who had become a friend, brother comrade, and a hero to people across the nation. "Those who are resurrected from injustice die again and again from the pain born of hurt endured that never should have been," continued Barber. "When our heroes fall we can't die, not now. We who are still alive must try one more time to honor them, to honor justice, to honor Darryl." Pastor of Emmanuel Baptist Church and community activist Rev. Dr. Mendez said we must not blame Darryl for his death because the system of oppression is what truly is responsible. Following the service, a number of residents said they decided to attend the memorial service because they were moved by the work Hunt did following his release from prison. "After all he went through so much, he never showed any anger or ill will towards anyone," said Tiffany Robinson from Winston-Salem. "He helped so many people turn their lives and touched many more. He will truly be missed." (source: Winston-Salem Chronicle) MISSOURI: Missouri Ordered to Reveal the Source of Its Death Penalty Drugs----A rare win for transparency in government in the Show-Me State. The state of Missouri was ordered by a circuit court judge to divulge the names of the 2 pharmacies who have been providing the state with drugs used in lethal injection executions. Tuesday's ruling, the result of a lawsuit filed by 5 news organizations (The Kansas City Star, The St. Louis Post-Dispatch, the Springfield News-Leader, The Guardian and the Associated Press) found that the pharmacies in question were not part of the "execution team" and thus were not legally entitled to the confidentiality which is afforded to executioners. In 2011, the European Union (EU) banned the export of drugs used in executions to American death penalty states, which has forced those states to go through increasingly murky channels to secure the drugs used to kill prisoners. But a series of botched executions in the US has raised awareness about the need for death penalty transparency and increased concern about the quality and provenance of drugs that are failing to provide the state with the means to "humanely" execute people. Ed Pilkington of The Guardian writes that Missouri's department of corrections willfully ran afoul of its own transparency laws: Judge Jon Beetem excoriated the department of corrections for refusing to hand over to the media plaintiffs key documents that identified the pharmacists involved. The judge ruled that the DOC had "knowingly violated the sunshine law by refusing to disclose records that would reveal the suppliers of lethal injection drugs, because its refusal was based on an interpretation of Missouri statutes that was clearly contrary to law". Beetem ordered the prisons service to pay the plaintiffs $73,335 in legal costs. He also ordered the state to hand over all relevant documents, though he stayed that requirement pending appeal. Missouri has indicated that it will do so. (source: reason.com) From rhalperi at smu.edu Thu Mar 24 15:15:03 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 24 Mar 2016 15:15:03 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 24 SAUDI ARABIA----execution Saudi Arabia carries out 76th execution of the year----Kingdom faces criticism from rights groups over its use of the death penalty Authorities in Saudi Arabia have executed the 76th person to be put to death in the country this year. Saudi citizen Abdullah al-Harbi was executed after being convicted for murder, state media reported. The manner of the execution was not specified, but many people convicted of criminal charges are beheaded. His death brings the number of executions in the conservative Islamic state to 76, according to AFP news agency, which keeps record of Saudi executions. The number of people executed in Saudi Arabia, a close ally of Britain, in the 1st 3 months of 2016 compared to the 153 people killed by the state in all of 2015 - described by Amnesty International as the highest in 20 years. In the Wahabi Saudi interpretation of Sharia law, apostasy, armed robbery, drug trafficking, rape and murder all carry the death penalty. The rate of executions has dramatically increased since the accession of King Salman in January 2015. In January, there was an international outcry following the mass execution of 47 people on terrorism charges, including influential Shia cleric Nimr al-Nimr. Saudi Arabia has been criticised by rights groups over it frequent use of the death penalty, one of the highest in the world. Among those facing execution is journalist Alaa Brinji, who has campaigned for women's rights. Accused of apostasy charges including 'calling for secularist thought' and 'ridiculing Islamic religious figures', he has been denied legal support, according to Amnesty International. He has also been charged with breaching cybercrime laws, which Amnesty International said related to his use of social media. In addition to the death penalty, the country continues to face criticism over its treatment of women and its millitary campaign in Yemen, for which it has been accused of killing civilians in air strikes. In the UK, Saudi Arabia has faced renewed criticism following a documentary which aired this week. Footage in the programme, filmed covertly in the secretive nation, showed public executions, bodies displayed in the streets and public corporal punishment. (source: The Independent) BANGLADESH: see: http://www.amnestyusa.org/get-involved/take-action-now/bangladesh-halt-the-execution- of-motiur-rahman-nizami-ua-6616 (source: Amnesty International USA) IRAN: http://www.amnestyusa.org/get-involved/take-action-now/iran-halt-any-plans-to-execute- himan-uraminejad-ua-7216 (source: Amnesty International USA MALAYSIA: Halt 3 executions, abolish death penatly, urges Bar The Malaysian Bar is extremely troubled over the reports of the imminent carrying out of the death sentence upon Gunasegar s/o Pitchaymuthu, J Ramesh s/o Jayakumar, and Sasivarnam s/o Jayakumar. Their next-of-kin have been informed to schedule their final visit with them today, and to discuss the arrangements for burial. The executions could be carried out as early as tomorrow, possibly at Taiping Prison. This appears to be consistent with the practice of executing death row inmates early on a Friday morning. All 3 of these death row prisoners were convicted under section 302, read with section 34, of the Penal Code, and their convictions were upheld by the Federal Court on 19 February 2014. At the time of writing, we have no information as to whether applications for pardon were made for them or on their behalf. Since 2010, the Malaysian government has announced its willingness to review the mandatory death penalty, with a view to its possible abolition or the reintroduction of a discretionary death penalty. More recently, in 2015, both the minister in the prime minister's department in charge of law and the attorney general have spoken of the government's intention to introduce legislation in Parliament to cease the use of the mandatory death penalty. While this laudable initiative appears to have been in the context of the mandatory death sentence for those convicted of drug-related offences, the Malaysian Bar is of the view that the death penalty should be abolished irrespective of the crime that may have been committed. The decision on the punishment for offences should be left to the discretion of the judiciary. The death penalty has no place in a society that values human life, justice and mercy. Persons sentenced with the mandatory death penalty should be resentenced to imprisonment. In light of the impending review of the mandatory death penalty, the government should, in the interest of justice, declare and implement an immediate official moratorium on any and all executions. All death sentences should be stayed pending the results of the review. It is unfair and unjust to carry out the death sentence when there is currently a possibility of reform which, if put into effect, should apply retrospectively. The Malaysian Bar therefore calls on the Malaysian government to immediately halt the impending execution of Gunasegar s/o Pitchaymuthu, J Ramesh s/o Jayakumar, and Sasivarnam s/o Jayakumar. (source: Steven Thiru is president of the Malaysian Bar; aliran.com) From rhalperi at smu.edu Fri Mar 25 11:01:33 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 25 Mar 2016 11:01:33 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, N.C., FLA., ALA., LA. Message-ID: March 25 TEXAS: Minister jailed for protesting execution refuses to be silent At 6 p.m. Tuesday, the Rev. Jeff Hood made his stand against the death penalty. At the very moment Adam Ward was being put to death for a 2005 killing of code enforcement officer in Hunt County, the Denton resident, wearing his ministers' robe and stole, strode up to the police line keeping death penalty protesters back. "I told them I was coming across, and they said, 'No, you're not,'" Hood said. Hood spoke to News 8 Thursday after his release from jail. He is a spiritual advisor to several death row inmates. One of them was Juan Garcia, who was executed last fall for the 1998 robbery and killing of a Houston man. "We're sitting here in the middle of holy week -- where Christians are celebrating beauty of the atonement of Jesus -- and yet we are, still killing for the sake of atoning for evil, and that's not very Christian," Hood said. "How can we love our neighbor as yourself and kill them?" Hood, a Baptist minister, drove to Huntsville on Tuesday fully planning to commit what he calls an act of civil disobedience. Hood knew full well he'd arrested when he crossed that line outside the "Walls Unit," which houses the death penalty chamber. He says he felt it was something God was leading him to do. He wore what he calls his "protest robe." This was not its 1st protest. He called his wife to let her know that he was going to go through with it. He began to pray and ask God to be with him. He said he kept hearing the last words of Jesus, "Lo, I am with you always, even to the end of the age." "When my feet started moving, I felt the spirit with me," Hood said. "There was no question." Once he crossed the line, he says the guard told him he was either going to turn back or to go jail. "I said, 'I can't,'" Hood said. The 2 officers then escorted him to a squad car. On the way to jail, he says the officer asked him what his religion was. He told him he was Baptist and a follower of Jesus. Once he was booked and inside cell at the Walker County jail, he says began worshipping, praying, and singing spiritual songs. He says he specifically prayed for Ward. He says he felt God speak to him, telling him, "He's OK. He's with you. You will get a chance to see him again one day." Hood later learned that was about the time that Ward died. The minister was released from jail about 1 a.m. Wednesday. He immediately drove to Austin, where he testified before a legislative committee about immigration issues. It's not Hood's 1st arrest. In 2015, he was arrested outside the White House at a rally of pastors protesting deportations and again at a Black Lives Matter rally in Dallas. He's been vocal in the quest for justice for Joseph Hutcheson, a man who died last summer in the lobby of the Dallas County jail. "For me, I count as a particular burden to keep doing this to show Christians that you can't follow Jesus -- you can't love your neighbor as yourself -- and keep on killing people," said Hood, who previously headed a social justice ministry at the Cathedral of Hope. He's back at home in Denton -- back with his wife and 5 kids. "I want my children to look back and see these pictures and some of these moments of this arrest," he says, "and say, 'My father did all that he could do to keep the State of Texas from killing people." He says he received a call from Ward's father inviting him to attend the funeral. He plans to attend to pay his respects. (source: KHOU news) ************** County DA ponders death penalty in Collazo case Cameron County District Attorney Luis V. Saenz has yet to decide whether he will seek the death penalty against a Brownsville man accused of killing his parents earlier this year. Joel Collazo, 52, appeared in a state district court Thursday morning and entered a not guilty plea to murder charges filed against him. Collazo is accused of killing his parents, Jesus and Juanita Collazo, inside their home on the city's Westside sometime on Jan 29. "(The death penalty) decision is still under consideration," Saenz said. Court records show Collazo waived his arraignment Thursday and pleaded not guilty to the charges. He remains jailed on a $2 million bond. Collazo faces 1 count capital murder of multiple persons, 2 counts murder and faces an enhanced count for habitual convictions. His pre-trial hearing is scheduled for May 19. (source: The Brownsville Herald) NORTH CAROLINA: State NAACP demands AG Roy Cooper to act in Kalvin Smith case The N.C. NAACP demanded Thursday that state Attorney General Roy Cooper intervene in the cases of 2 men, including Kalvin Michael Smith, who they say were wrongfully convicted. The Rev. William Barber, president of the state NAACP, also called on Cooper and Gov. Pat McCrory to support a moratorium on the death penalty and to find ways to prevent wrongful convictions. Barber said he would like Cooper to establish a conviction-integrity unit to investigate claims of wrongful convictions and create a task force to look for ways to stop wrongful convictions. "As officers of the court, you and your staff have the ethical responsibility of ministers of justice and not simply that of an advocate," Barber said in a letter sent Thursday to Cooper's office in Raleigh. "Your duty is to seek justice, not merely to convict." Cooper, a Democrat, and McCrory, a Republican incumbent, are running against each other in the governor's race. Smith, 44, was convicted in the 1995 assault of Jill Marker, an assistant store manager at the now-closed Silk Plant Forest store off Silas Creek Parkway. Marker, pregnant at the time, suffered severe brain injuries during the assault. She gave birth to a son while in a coma. She receives 24-hour care in Ohio. Smith is serving up to 29 years in prison. Barber also said that Dontae Sharpe, a Greenville man, was wrongfully convicted of the murder of a man during a drug deal and in 1994 sentenced to life in prison. In 2004, the Winston-Salem Journal published a series of stories raising questions about the police investigation and prosecution surrounding Smith's case. The Silk Plant Forest Citizens Review Committee, which was established by the Winston-Salem City Council, concluded in a report that the police investigation was flawed. Chris Swecker, a former FBI assistant director, released a report saying that the police investigation was botched and that Smith deserved a new trial. Noelle Talley, a spokeswoman for Cooper's office, said Barber and other representatives did deliver the letter Thursday. "We look forward to working with them to address systemic issues in the criminal justice system, such as seeking more resources for North Carolina's 1st in the nation Innocence Inquiry Commission," she said in an email. State prosecutors have defended Smith's conviction in state and federal courts since the Forsyth County District Attorney's Office declared a conflict of interest just before Smith's post-conviction appeal in Forsyth Superior Court. Smith has recently filed an appeal to the N.C. Supreme Court. (source: Winston-Salem Journal) FLORIDA: Death row inmate Michael Lambrix awaits fate from court: 'It's my last hope' Michael Lambrix has spent a lifetime on death row, successfully dodging his execution over a period of 3 decades and 6 governors, with the help of timely intervention by the courts. In his latest case of good timing, he might even outlast the system that produced his death sentence. Lambrix, 56, a Plant City High dropout and U.S. Army veteran convicted of 2 killings, is at the center of an epic legal challenge to Florida's death penalty sentencing system. He's the 1st inmate to have his execution halted after the U.S. Supreme Court decision in Hurst vs. Florida which struck down the state's death penalty sentencing system as a violation of the right to trial by jury, which forced the Legislature to rewrite the law. "He was sentenced to die under an unconstitutional statute," said William Hennis, an attorney handling Lambrix's appeals. Hennis wants the Florida Supreme Court to spare Lambrix's life and sentence him to life without parole, but Attorney General Palm Bondi, on behalf of the state, says Lambrix's death is long overdue and that the Hurst decision should not be applied retroactively. "It is time for Lambrix's sentence for these brutal murders to be carried out," Bondi's office argued in court papers. Dozens of death row inmates sentenced under the same flawed system could be affected by the fate of Lambrix, who spends his days in his cell writing prolifically about his claim of innocence. If Lambrix loses, Gov. Rick Scott is expected to issue a 3rd death warrant for his execution. If Lambrix wins, it could dramatically reduce the death row population of 389 inmates, while adding to the anguish of the families of victims who long ago expected he would die as sentenced. "It's my last hope," Lambrix said in a Times/Herald interview at Florida State Prison. He has come within hours of death. He planned his last meal and was fitted in January for a blue suit an inmate wears to an execution. He was in a "death watch" cell, last stop before the execution chamber. "You're mentally prepared," he said. "But confronting your own mortality is always difficult." **** Cary Michael Lambrix went to death row 32 years ago this month. He was 24. Born in California and raised by an alcoholic father who moved the family to Florida, he quit school at 15 and ran away from home. He joined the carnival circuit and then the Army, which sent him to Fort Sill, Okla., where a head injury from a fall ended his military career. Every month, a government disability check for $133 arrives at his cell in Starke each month, he said. By 21, Lambrix was back in Florida, married with two young children - and broke. He was sentenced to 2 years in prison after writing a worthless check to a lawn and garden store while he was on probation. By his own account, he was a heavy drinker and pot smoker. His downward spiral accelerated when he walked away from a work release detail in Lakeland and went to Glades County with his girlfriend, Frances Smith. In the early morning hours of Feb. 6, 1983, after a Saturday spent drinking, Lambrix said he and Smith met a couple at a tavern and invited them to his rented mobile home on a ranch near LaBelle for spaghetti. As the drinking continued, Lambrix, by his account, was "wasted," and Clarence Edward Moore Jr., 35, and Alesiha Dawn Bryant, 19, a waitress, were murdered that night. Lambrix contends that Moore strangled Bryant and that he used a tire iron to fatally batter Moore in self-defense. He admits that he and Smith buried both victims in a shallow grave and that he refused to call police because he was a fugitive from a work detail in Lakeland. After a Hillsborough deputy caught Smith driving Moore's stolen Cadillac, she avoided charges by becoming the state's chief witness against Lambrix. Smith recalled a blood-soaked Lambrix walking back into his trailer and saying, "They're dead." Moore's mother, who lived in the Keys, died in 1989, and efforts to reach other family members were unsuccessful. Attorney General Bondi's office advocates for crime victims. Her spokesman, Whitney Ray, declined to provide contact information for the families in Lambrix's case, citing a blanket public records exemption for clemency proceedings. **** After the murders, police cast a wide net for the killer. Lambrix was arrested a few weeks later at work as a greeter at a haunted house in Orlando, "wearing white face makeup highlighted by black circles around the eyes," the Lakeland Ledger reported. "It required me to wear a ducktail tuxedo," Lambrix said. "Sort of like Count Dracula." Lambrix's 1st trial ended with a hung jury. He was convicted at a retrial largely on the testimony of Smith, but the case is marked by bizarre circumstances. Smith later admitted that she was having an affair with a lead investigator for the state attorney's office at the time. Another state witness, Deborah Hanzel of Thonotosassa, recanted her testimony 2 decades later, saying investigators pressured into lying by saying Lambrix would try to kill her and her children, the News-Press of Fort Myers reported. "You all scare people into saying what you want," Hanzel said. No physical evidence tied Lambrix to the deaths. He said fingernail scrapings on Bryant that might have proved that Moore strangled her mysteriously disappeared. At his trial, Lambrix said he wanted to testify in his defense but his rookie public defender wouldn't let him. "I've never asked anybody to believe me. Let the evidence speak for itself," Lambrix said in a prison interview, wearing handcuffs and leg irons as a correctional officer watched from a few feet away. "The problem is, the courts have never looked at the evidence." Before the 2nd trial, the state offered Lambrix a deal. If he pleaded guilty to 2nd-degree murder, he would get a sentence of between 22 and 27 years. Lambrix refused. He received a death sentence instead. The prosecutor, former State Attorney Randy McGruther, said that was the right result. "It was a brutal double homicide," McGruther said. "Evidence at trial was clear that he killed both of the individuals in question. No court has yet to find any credence to his claims." Lambrix has raised an array of legal defenses that the courts have rejected, sometimes by the narrowest of margins and other times on technical grounds, or "procedurally barred" in legal jargon, with no factual review, because his lawyers raised the claims too late. "Lambrix has already consumed more than his fair share of this court's and the state's limited resources," Bondi's office argued in opposing the latest delay in his execution. "Lambrix's inconsistent and changing claims of innocence are not remotely persuasive." In 1997, the U.S. Supreme Court upheld Lambrix's death sentence by a 5-4 margin. In an opinion written by the late Antonin Scalia, the nation's highest court ruled that he should die even though his 1984 sentence was based on factors that were later ruled unconstitutional because they were too vague to prevent the death penalty from being imposed arbitrarily. **** Lambrix has been on death row for so long that the FDLE agent who arrested him at the haunted house, Rick Look, died last year in St. Augustine. The governor who signed his initial death warrant, Bob Martinez, was voted out of office 26 years ago. The U.S. Supreme Court justice who wrote the key 1997 decision, Scalia, died last month. The decades roll by, and Lambrix remains on death row. At the state prison in Starke, north of Gainesville, all death row inmates wear distinctive clothing to set them apart: orange shirt, blue pants. The color scheme calls to mind a certain university, but prison officials insist that it's a coincidence. "I'd like to say it's because I'm a Gator fan, but it's not," Florida State Prison Warden John Palmer said. Palmer, a 26-year veteran of the prison system, knows "Mike" Lambrix well and calls him a "very respectful" inmate. Lambrix's tiny cell is also his 6-foot-by-9-foot law office. In handwriting so precise that it looks typewritten, he has written thousands of letters and blog posts, made dozens of public records requests, acted as his own lawyer at times and given his version of events in an online book, "To Live and Die on Death Row." More than a decade ago, after hearing that Gov. Charlie Crist wanted greater diversity on the bench, Lambrix applied for a Supreme Court vacancy. He can play chess and Scrabble with fellow inmates and has a 13-inch black-and-white TV set, which death row inmates can buy with their own money. Cable TV is off limits, but Lambrix watches the Florida Channel from a public TV station in Jacksonville, and he complained that the station didn't televise recent oral arguments on death penalty cases from the Florida Supreme Court. "They're completely focused on legislative sessions," Lambrix said. **** As perhaps the best-known resident of Florida's death row, Lambrix gets mountains of mail, frequent visits from his legal team, gives interviews and is championed by anti-death penalty groups around the world. He meets regularly with "Brother Dale" Recinella, a spiritual advisor from Tallahassee. His request to receive the Catholic sacrament of Holy Communion right before his scheduled Feb. 11 execution was at first refused by prison officials who cited fasting regulations, but Corrections Secretary Julie Jones personally approved it, spokesman McKinley Lewis said. Lambrix's latest stay of execution is indefinite, with no hearing scheduled. With his fate in the hands of the Florida Supreme Court, Lambrix knows that the execution chamber remains a distinct possibility. He faces it with grim humor and said he would consider asking for "groundhog stew" for his last meal. "According to Field & Stream magazine, you have to put it in a crock pot for 3 days," Lambrix said. "They can't kill me till I get my food." (source: Tampa Bay Times) ********************* Man guilty in murder of Rockledge High graduate The 1st of 3 defendants charged in the fiery May death of a Rockledge High graduate in Tallahassee was found guilty on all 5 counts by a Leon County jury Thursday. After a week-long trial and more than seven hours of deliberation, Antowan Hawkins was found guilty of felony 1st-degree murder, robbery, arson, tampering with physical evidence and grand theft of a motor vehicle in the death of then-24-year-old Aaron Goodwin. Jurors will return at 9:30 a.m. Friday for sentencing proceedings. On May 13, Goodwin's body was found bound and beaten inside his Tallahassee sneaker boutique, Exclusive Heat. The same morning, his car was found ablaze by a Florida Highway Patrol trooper in rural Jefferson County. In July, Hawkins was arrested by U.S. Marshals in Tallahassee after investigators said he tried to sell refurbished sneakers unique to Goodwin's shop. He bowed his head in silence following the verdict's announcement. Goodwin graduated from Rockledge High in 2009. Terri Kulaga, vice principal at Rockledge High School, praised Goodwin when reached for comment following his death in May. "He was a great kid. He was sweet," said Kulaga. "He was kind. He just always had this smile that went from ear-to-ear." Kulaga said Goodwin seemed to be a unifier among a group of friends, keeping them in Tallahassee. "I believe that he went to Tallahassee with a lot of other kids that he grew up with and he kind of kept them together in Tallahassee even though he did different things," she added. Dozens of family and friends waited through the entered trial and Thursday's lengthy jury deliberations. When the verdict was read, it elicited hushed sobs and silent prayers. Longtime family friend and Executive Director of the FAMU Rattlers Boosters Mickey Clayton said the trial has been draining for everyone but the packed courtroom was a nod to the lives Goodwin touched. "We've been here every step of the journey. It was a tragic situation and the process of going through it, it pulls and drains you emotionally," Clayton said after the verdict. "It wasn't about me. It was about me trying to being here to help the family... They are a family of tremendous strength and they've been together through this whole process." Prosecutors said Hawkins killed Goodwin for the expensive footwear he stole and contended he acted alone. 2 others, Zachary D. Jones, 26, and former Lincoln High School student Marvin Barrington, 23, face charges of accessory after the fact felony murder. Investigators say they gave Hawkins a ride to Jefferson County following the robbery where he burned the car and then drove him back to Tallahassee. (source: Florida Today) ************************ Hawkins test of new sentencing rules For the 1st time since the Florida Legislature revised capital punishment sentencing guidelines - requiring a favorable vote by 10 of 12 jurors - a defendant could get the death penalty. Antowan Hawkins was convicted Thursday of felony 1st-degree murder, robbery, arson, tampering with physical evidence and grand theft of a motor vehicle in the death of 24-year-old Aaron Goodwin. Ruling casts uncertainty over Florida's death penalty Today, jurors will return to determine Hawkins' sentence. But prior to his week-long trial, his attorneys filed motions calling the new jury guidelines unconstitutional. "This scheme leaves Florida as one of only two states that authorize the imposition of the death penalty on less than a unanimous jury verdict," Hawkins attorney David Collins wrote in a March 21 filing. "This scheme is contrary to evolving standards of decency regarding the humane imposition of capital punishment." Jurors Thursday found Hawkins guilty of felony murder instead of premeditated murder, a decision that could play into the sentencing guidelines introduced in court today. "That can be perceived that you're not quite sure who is actually the one who killed Mr. Goodwin," said Chuck Collins, Hawkins' attorney, during his opening statement. "Are you prepared to sanction the execution of someone not knowing beyond a reasonable doubt that he is the actual person who killed him?" Prosecutors said in court Friday Hawkins took measures to conceal the killing of Goodwin by setting his South Adams Street sneaker shop on fire and driving his car to Jefferson County to set it ablaze. Testimony in the trial also suggested Hawkins may have gone to the store prior to the crime. "We see a pattern of destroying evidence to avoid being caught," said Assistant State Attorney for the 2nd Judicial Circuit Eddie Evans. "There was evidence the victim had seen the defendant before." In January, the U.S. Supreme Court ruled Florida's death penalty sentencing system was unconstitutional. It struck down the state's rule allowing judges, rather than juries, decide whether convicted criminals will be put to death. (source: Tallahassee Democrat) **************** Marieta Jaeger-Lane shares story of hope Monday When Marieta Jaeger-Lane's 7-year-old daughter was kidnapped from the family's camp tent and murdered, her remarkable response was to choose life over death. Jaeger-Lane has worked for years to abolish the death penalty. As part of the movement "Journey of Hope," she takes the healing message of forgiveness far and wide. To share her message, "Forgiveness heals; vengeance merely gives the wheel of violence another turn," Jaeger-Lane will be a guest at 7 p.m. Monday at the Unitarian Universalist Fellowship, 2487 State Road A1A South. Sponsored by Amnesty International, Pax Christi, Floridians for Alternatives to the Death Penalty, Compassion in Action and Compassion St. Augustine, the event is free and open to the public. A wine and cheese reception will follow the program. (source: staugustine.com) ******************* Public defender accuses prosecutor of felony----Public defender says state attorney's office broke law in James Rhodes case A lawyer in the public defender's office has accused the state attorney's office of misconduct in the case of James Rhodes, the man accused of gunning down a Metro PCS clerk in 2013. Assistant Public Defender Debra Billard sent a letter to the state attorney's office after a recent pretrial hearing in the case, accusing prosecutors of committing a felony by showing surveillance video of 20-year-old Shelby Farah's shooting death to her brother, Caleb Farah. Shelby's mother, Darlene Farah, testified at the hearing that she agreed with the defense's claim that the state attorney's office showed the surveillance footage to her son to influence him to support the death penalty against Rhodes. But Caleb Farah testified that no one made him watch the video. He said he was encouraged not to watch it, but he insisted. Billard asserted in her letter to prosecutors that regardless of whether Caleb Farah wanted to watch the video or not, the state attorney's office should not have allowed him to do so. Billard said that because the video shows the killing of a person, Florida law states that only a surviving parent has authority to view the video if there is no surviving spouse and no written designation from the parent authorizing anyone else to view it. Because Darlene Farah did not give written permission for Caleb to view the video, allowing him to see it violated the confidentiality of the video, Billard said. According to Florida law, that's a felony, Billard said. "Frankly, I am disturbed to think that you would have considered violating a clearly written Florida Statute and, as a result, attempted to justify your desire to have Mr. Rhodes killed by citing the opinions of Caleb Farah," Billard wrote. "I can think of no blow more foul than violating not only Florida law, but also the memory of Shelby Farah." Billard said the public defender's office is still considering how to handle the issue, but she wanted to address her concerns to the state attorney's office directly. "I think it is important to let them know that we know what kind of tactics are being used, and we think that it is not fair, not fair to Shelby's family, and it is frankly, if it is true, it is in violation of Florida law," head public defener Matt Shirk said. "If what is alleged is happening, there is a Florida statute that makes that a 3rd-degree felony. I think others would agree with us. We find it very concerning." The SAO issued a statement Thursday saying Assistant State Attorney Bernie de la Rionda received the letter late Wednesday afternoon and was in the process of filing a formal response to the letter. "Further comment will be made in the appropriate venue -- the courtroom," the statement said. Shirk said his office just wants to see the case resolved for their client and for Darlene Farah. "This case is tearing her apart every day," Shirk said of Farah. "Justice would be served if this case would be resolved in a plea agreement." Darlene Farah said she was disappointed the public defender's office didn't tell her about sending the letter to the SAO. "It's gotten out of hand," she said. Rhodes' trial, which was set to begin May 2, has been pushed back because of new state legislation on the death penalty. Salvador set Aug. 29 as the date for jury selection in the trial. The final pretrial date will be Aug. 22. Earlier this month, Gov. Rick Scott signed into law a measure designed to fix the state's death penalty sentencing process after it was found unconstitutional by the U.S. Supreme Court. The new law, which went into effect immediately, would require at least 10 jurors to recommend death for the penalty to be imposed. Darlene Farah wrote an opinion piece for Time magazine on the death penalty, titled "My Daughter's Killer Should Not Get the Death Penalty." Cellphone store clerk killed in robbery Rhodes is charged with 1st-degree murder in the killing of 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 the 20-year-old 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) ALABAMA: Town Creek man charged in 2-year-old's 2014 death A Town Creek man was charged Thursday with capital murder in connection with the 2014 death of his girlfriend's 2-year-old child, authorities said. Evan Woodrow Berryman, 28, 2941 Lawrence County 235, was arrested by the State Bureau of Investigations for allegedly causing the death of Ian Brantley Calhoun, who died at Children's Hospital in Birmingham on Aug. 14, 2014, a spokesman for the Alabama Law Enforcement Agency said. Senior state trooper Johnathan Appling said Berryman, who is being held without bail in Lawrence County Jail, is charged with capital murder because the child was under 14 years of age. The cause of death was blunt force trauma of the head, torso and lower and upper extremities, according to an autopsy report completed by the Alabama Department of Forensics. The report, which lists the manner of death as homicide, lists several injuries the child received, including cuts on his face, scalp, left ear, chest, abdomen, back and genitals. Family members of the child said they were relieved to hear the news that Berryman was arrested. "It's been a long time coming, and I was excited and relieved to hear justice will finally be served," said Ian's grandmother, Katie Yarbrough. "There were a lot of sleepless nights. I think it's bittersweet." Yarbrough said her son, Josh Calhoun, was listed as the father at the child's birth, although it was later discovered the child wasn't his. "But, he still felt like he was his child," Yarbrough said. "And his name was never removed from the birth certificate, so when Ian passed, technically Josh was still his father. Ian will forever be my grandchild." Yarbrough said the child was taken to Lawrence Medical Center for treatment of his injuries just days before he died. Later, he was transferred to Huntsville Hospital and then airlifted to Birmingham. Police haven't released any other details surrounding the child's death. Authorities also haven't said why the investigation continued so long before an arrest was made. Todd Smith, of Hatton, who has temporary custody of Ian Calhoun's older sister, said he felt a burden lifted when he found out "somebody will finally be held accountable." "My daughter talks about (Ian) and cries all of the time," Smith said. "I just tell her he's in your heart, always looking down on you. "I would have took that little baby (Ian) in as my own. The day before his death, I was getting my daughter for the weekend and all I can remember just seeing him smiling. He was always smiling. "The next thing I heard was that he was in the hospital lying there with brain trauma. I hate it took a year and a half to get justice." Chelsea Fike, Ian's mother, could not be reached for comment Thursday. The penalty for capital murder is either the death penalty or life in prison without the chance for parole. (source: Decatur Daily) LOUISIANA: Accused child killer's trial in Lafayette delayed due to public defender budget woes Budget problems at the Public Defenders Office for the Acadiana region have forced the postponement of Landon Broussard's death penalty trial that was scheduled for July. A hearing Wednesday in 15th District Judge Laurie Hulin's court initially was to settle pretrial issues in advance of a July 25 trial for Broussard, who is accused in the fatal beating of his former girlfriend's 3-year-old son. Instead, Hulin set Broussard's next hearing for Aug. 15 and didn't schedule a trial date. By August, Hulin said, the 15th Judicial District Public Defenders Office should know how much funding the state will make available. In the meantime, the case will remain in neutral. Broussard, 24, is accused of killing his former girlfriend's young son with prolonged beatings over months until the child died in November 2012. The 15th Judicial District Attorney's Office is seeking the death penalty. Assistant District Attorney William Babin on Wednesday objected to the trial delay. Babin also conceded that there was nothing that could be done about it immediately. In February, public defenders offices across Louisiana started laying off attorneys and canceling the contracts of private-practice lawyers who represent defendants for an hourly fee. The layoffs came after the Louisiana Public Defender Board, which sets guidelines and doles out state money to the local offices, ran short of funds. The other funding sources for public defenders - proceeds from traffic tickets, along with court fines and penalties - also have been falling over the years. The 15th Judicial District Public Defenders Office, which provides legal counsel to poor defendants in Acadia, Lafayette and Vermilion parishes, started trimming its attorney rolls in February. As of this week, the local defenders office had 15 full-time attorneys and just a few contract attorneys, compared with 26 contract attorneys and close to 30 who worked directly for the office, said G. Paul Marx, who heads the office. 2 attorneys who were affected represented Broussard. Elliott Brown, who worked directly for the Public Defenders Office, took a job in Baton Rouge in early March and no longer represents Broussard. The contract for Broussard's lead attorney, Clay LeJeune, was canceled. However, LeJeune said Wednesday that he'll remain Broussard's attorney of record, though he won't do any heavy legal lifting. "I intend to stay enrolled in this case until the finances of the Public Defenders Office is secure," LeJeune said. The budget that Gov. John Bel Edwards submitted to lawmakers in the current legislative session would allocate just $12 million to the state Public Defender Board, a 66 % drop from $33 million in the past. "If that figure ($12 million) doesn't change, then we're all going to be in pretty bad shape," Marx said. (source: The Advocate) From rhalperi at smu.edu Fri Mar 25 11:03:02 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 25 Mar 2016 11:03:02 -0500 Subject: [Deathpenalty] death penalty news----IND., KAN., NEB., USA Message-ID: March 25 INDIANA: Goshen double homicide suspects plead not guilty; trial set for June----Prosecutors want to put Diego Ramos and Luis Rivas on trial together, but Ramos' attorney didn't comment on whether he would try to change that The 2 suspects in the Goshen double homicide made their 1st appearance in court Thursday and pleaded not guilty to the murder charges filed against them. Diego Ramos, 22, and Luis Rivas, 19, appeared in Elkhart County Circuit Court before Judge George Biddlecome, who said the duo could be looking at the death penalty, if convicted. Ramos, who doesn't have an attorney, told Biddlecome that he was out on bond from being in U.S. Immigration and Custom Enforcement custody, confirming that in fact he was illegally in the United States. Ramos also consented to allowing the state to take a DNA sample. Attorney David Francisco represented Rivas at the hearing. Rivas stayed mainly silent, only answering questions from the judge. Prosecutors indicated that they would like to conduct the 2 suspects' trials together. After the hearing, Francisco did not say whether he would push for his client to receive a separate trial. Ramos and Rivas each are charged with 2 counts of murder in the March 13 slayings at a home in the 400 block of Ripple Rock Drive at the Brookside Manor mobile home community in Goshen. If convicted on both charges, Ramos and Rivas could face a sentence of up to 130 years in prison, according to Indiana sentencing guidelines. However, Biddlecome said they could also potentially face life in prison without parole or even the death sentence, although prosecutors have not indicated whether they are pursuing either option. In Indiana, the death penalty is available only for the crime of murder, and is available for murder only if the prosecution can prove the existence of at least 1 of 17 "aggravating circumstances." Those circumstances are set out in the state's death penalty statute, 1 of which is criminal gang activity. According to Goshen police, investigators have reason to believe the shooting was motivated by gang violence. During interrogation, Rivas and Ramos were asked whether they were involved in the gang Los Vatos Locos. Ramos and Rivas are accused of fatally shooting 27-year-old Jose Nava-Orozco and 43-year-old Marco Carmona-Gonzalez. The 2 suspects were arrested last week following a 4-day investigation by Goshen police in conjunction with the Elkhart Police Department and the Elkhart County Prosecutor's Office. Police found spent shell casings at the mobile home park and were later able to find a match with bullets and spent casings at Ramos' home and car, according to court documents. In searching Rivas' phone, police found images of a gun that had been described by witnesses of a previous shooting. Nava-Orozco was known by many in the community as hard-working and family-oriented. Carmona-Gonzalez, a native of the state of Guanajuato, Mexico, kept to himself but was a hard worker too, family members say. Ramos is due in court April 9 for an attorney status update and Rivas is due to return to court on April 21. The trial for both of the suspects is tentatively set for June 20. (source: The Elkhart Truth) ************** Pruitt to be re-sentenced April 20 Convicted killer Tommy Pruitt will find out April 20 what his new prison sentence will be for killing Morgan County Sgt. Dan Starnes. His previous death sentence was overturned earlier this month. His death sentence was overturned by the 7th Circuit Court on the grounds that Pruitt was not eligible for the death penalty because of his low IQ. The decision was appealed to the United States Supreme Court, which refused to consider the case. The new sentencing hearing will be at 9 a.m. April 20 in Dearborn County Circuit Court. The hearing is scheduled to last all day. Starnes was shot June 14, 2001, during a traffic stop on Wilbur Road. He died about a month later. Pruitt was also shot during the stop. He survived and was tried in Dearborn County by Judge James D. Humphrey. After a 2-week trial, Pruitt was found guilty of murder and several additional charges. Humphrey sentenced Pruitt to die for the murder and to serve 115 years in prison on the additional charges. Pruitt's attorneys filed appeals of the death sentence. All appeals were rejected in state court. His sentence was rejected by a United States District Judge. The case was appealed to the United States 7th Circuit Court who reversed the decision and determined, due to his IQ, that Pruitt was not eligible for the death penalty. Morgan County Prosecutor Steve Sonnega said the 2001 law sets the penalty for murder at 55 years in prison. He said the judge may add 10 years for aggravating circumstances or subtract 10 years for mitigating circumstances. Sonnega said that in addition, the judge will have to determine if the murder sentence will be served consecutively to the other charges Pruitt was convicted of or will be served concurrently to the other charges. Sonnega said Pruitt's two court-appointed attorneys will probably be arguing for a 45-year sentence to be served consecutively with his 115-year sentence. Sonnega said Pruitt, without a sentence modification, would still have to serve at least 55 years before being considered for parole. Pruitt was around 39 years old when he shot Starnes. He is now 53 years old. Sonnega said Pruitt was already serving 115 years and if he received the maximum of 65 years to be served concurrently, he would have a total of 180 years to serve. "We are committed to a search for justice for Dan," he said. KANSAS: Judge agrees to delay Bennett capital murder trial A Labette County judge on Wednesday delayed for nearly a year the jury trial for a man accused of capital murder. David Cornell Bennett Jr., 24, is charged in Labette County District Court with capital murder or in the alternative 4 counts of 1st-degree murder. The punishment for capital murder is death by lethal injection or life in prison without parole, but the punishment requires an additional hearing after a finding of guilt. The prosecution filed notice that it is seeking the death penalty in the case. Bennett also faces a rape charge, 3 counts of criminal threat, all felonies, and four misdemeanors, 2 counts of phone harassment and 2 counts of criminal deprivation of property. Bennett is accused of strangling Cami Umbarger and her three children, Hollie Betts, 9, Jaxon Betts, 6, and Averie Betts, 4, in November 2013. Their bodies were discovered on Nov. 25, 2013, at Umbarger's home in Parsons after she didn't show up for work. Bennett's defense is handled by the state's Death Penalty Defense Unit, a division of the Kansas Board of Indigents' Defense Services. His attorneys are Tim Frieden and Jeffrey Wicks. The Kansas Attorney General's Office is prosecuting the case. Bennett's jury trial was to begin Sept. 7, but Wicks asked for a delay because of his and Frieden's workload and state budget constraints. Frieden is defending Kyle Flack, who was convicted Wednesday of a quadruple murder in Franklin County and faces the death penalty. Judge Robert Fleming reviewed the history of Bennett's case Wednesday. He'd ordered Bennett to stand trial on the charges after a preliminary hearing in October 2014. Bennett was arraigned in May 2015 and has since waived his right to a speedy trial. Wicks had asked for a delay in a written motion filed in the case. The AG's office indicated in a court filing it wouldn't object as long as Bennett clearly waived his right to a speedy trial. Wicks said Wednesday that his team is defending 5 or 6 capital cases and other cases as well. The office is allowed 1 investigator, who must make progress on all cases. The caseload and having only 1 investigator puts time constraints on everyone, Wicks said. To complicate matters, the state is in the midst of a budget crisis and Wicks' office has been told there are limited funds to go around until the end of the fiscal year, June 30. Wicks said he needs to hire expert witnesses and conduct other complicated and detailed investigation related to the separate penalty phase of the capital case. There won't be money available to do that until July 1, which could restrict his ability to defend Bennett in the trial and penalty phase. Wicks said Bennett, who remains jailed on a $5 million bond, has indicated he should do what he needs to do. Judge Fleming asked Bennett if he supported the request for a delay in the case. Bennett said he didn't care if that's what needs to be done. The judge also asked Bennett if he agreed again to waive his right to a speedy trial. Bennett said he would. Assistant Attorney General Amy Hanley said she didn't oppose the delay in the jury trial to allow Bennett's defense team to prepare properly for the trial. Fleming asked Hanley how the victims' family felt about the delay. "They are frustrated," Hanley said. While they understand the reason for the delay, "they are certainly frustrated." Fleming agreed to the delay, though he said if he is sitting on the bench he likely will not accept another delay in the case, which has been pending for more than 2 years. The new jury trial will begin July 10, 2017, and is expected to last 4 weeks. Fleming said he may not be the judge in the case. He has mentioned the possibility of retiring. The next hearing for Bennett will be a motions hearing on Aug. 4. Other hearing dates before then were eliminated. (source: The Chanute Tribune) NEBRASKA: Midlands Voices: Consistent ethic of life says end death penalty The author, Ann Marie Bowen, who lives in Omaha, is chairwoman of Nebraskans United for Life. As Holy Week is upon us, and I reflect on the passion of Jesus - the most famous victim of a state execution - I can't help but think about the important debate that is happening in our own state about the death penalty. My strong beliefs about the sacred value of human life compel me to speak out to protect life whenever possible. For me, this means defending innocent life, as well as the lives of the guilty when capital punishment comes into play. Though there are many important factors to consider when reflecting on capital punishment, the one that is most fundamental is the sacredness of human life. The state has a right to take life only in circumstances where nonlethal means are insufficient to protect society. As the United States Conference of Catholic Bishops has stated, "No matter how heinous the crime, if society can protect itself without ending a human life, it should do so." In Nebraska, we have life imprisonment with no possibility of parole, which enables society to be kept safe without resorting to the taking of human life. This is important not just for the condemned man or woman whose life is on the line, but for the message we send about how we value life. It reflects upon how we treat life at every stage. In some instances, the death penalty affects innocent life. Every year the evidence mounts that there are many innocent people on death row. Since 1973, over 155 people have been released from death rows across the country with evidence of their innocence, and an untold number of innocents have already been executed. Troubling mistakes in Nebraska's criminal justice system have come to light. The Beatrice 6 were Nebraskans convicted of a rape and murder, who collectively spent over 75 years in prison before DNA evidence emerged demonstrating their innocence. When the innocent Beatrice 6 were threatened with the death penalty, this fear led some to confess to a crime they had nothing to do with. As our witness against abortion proclaims, nothing could be more cruel and inhumane than the needless death of an innocent. In debates over life, questions inevitably come up asking whether those working tirelessly to defend life are motivated by a concern for all life. A growing movement of pro-life lawmakers and citizens in Nebraska has left no doubt where we stand: We are committed to ending all policies that unnecessarily threaten life, from abortion to the death penalty to euthanasia. Ultimately, no message is more powerful than this straightforward consistency. In November, all Nebraskans are going to have a chance to vote on whether or not to bring back our state's death penalty. This week, as Christians reflect upon the execution and resurrection of our Lord, I encourage you to think of that vote as an opportunity to vocally proclaim a consistent ethic of life in all we do. I implore Nebraskans to help promote a culture of life and reject bringing back our broken death penalty. (source: omaha.com) USA: Holy Week and the death penalty: a challenge to pro-life Christians Christians around the world will pause in silence before crosses on Friday as part of a Holy Week journey toward Easter. The Roman Empire's instrument of execution is central to the story of Jesus' suffering, death and resurrection. For many people then and today, how a tree of despair and death is transformed into a throne of hope and new life defies any reason. Only through the eyes of faith do we see differently, reclaim the meaning of the Cross. Good Friday observances will take place this year not only as an iconic spiritual date on the Christian calendar, but against a backdrop of growing political and religious attention to the persistence of state executions. During a historic speech to Congress last fall, Pope Francis called for the abolition of capital punishment, highlighting how "every life is sacred, every human person is endowed with an inalienable dignity." The pope reiterated his consistent appeal for abolition during a recent address in Rome that included a specific ask that Catholic public officials "make a courageous and exemplary gesture that no sentence is executed" during what Francis has called a Year of Mercy. Catholic governors such as Terry McAuliffe of Virginia, a Democrat who opposes the death penalty, and Greg Abbott of Texas, a Republican who supports it and oversees one of the most flawed and prolific state execution machines in the world, stand at the nexus of contentious debates over crime and punishment, policy and morality. The Virginia Senate has approved a bill that would bring back the electric chair if lethal injection drugs are not available. The House previously approved a version of the bill and will make minor changes before it goes to McAuliffe, who has not yet signaled his position. Despite his opposition to the death penalty, McAuliffe does support bipartisan legislation that would cloak Virginia executions in what The Washington Post describes as "unprecedented secrecy." The bill is aimed to encourage manufacturers of lethal injection drugs to keep up supply in the state by shielding them from public scrutiny. At a time when some foreign companies have stopped selling these drugs because of a growing political backlash against the death penalty -- underscored by a series of high-profile botched executions --- the bill states that "all information relating to the execution process" would be exempt from the state's open-record laws. "He is a Catholic, so there is a moral component to his position on the issue, but he's the governor, and he will enforce the law," a McAuliffe spokesman told the Post. In Texas, Abbott, who last year was honored at the National Catholic Prayer Breakfast in Washington, seems unlikely to reflect on the pope's challenge. During his campaign for governor, Abbot was asked about whether his Catholic faith and pro-death penalty position raised any moral tensions. "Catholic doctrine is not against the death penalty, and so there is no conflict here," he breezily told the San Antonio Express-News editorial board. His answer conveniently distorts the essence of Catholic teaching. Pope Francis is not going rogue when it comes to the Catholic position on executions, which he has described as "cruel, inhumane and degrading." More than 15 years ago, the U.S. Conference of Catholic Bishops issued "A Good Friday Appeal to End the Death Penalty." The Catechism of the Catholic Church, while not excluding the use of capital punishment if it is the only available recourse to protect society, quotes Pope John Paul II's encyclical "The Gospel of Life" in clearly stating that those situations are "very rare, if practically non-existent." During a 1999 visit to the United States, John Paul preached that the "dignity of human life must never be taken away, even in the case of someone who has done great evil." The United States is one of the few nations in the world that still regularly executes people. While a majority of Americans approve of the death penalty, that support is lower than it has been in two generations, according to a 2015 Pew Research Center survey. The shift in public opinion is the result of a range of factors, including the common use of DNA evidence now that did not exist in previous decades. Data from the Public Religion Research Institute shows that religious Americans support or oppose capital punishment at varying degrees, depending on their denomination. White evangelicals and white mainline Protestants show the strongest support, while Hispanic and black Protestants are least likely to endorse. Catholics are sharply divided by race. Reflecting the general public, white Catholics are almost evenly split, with 45 % expressing support for the death penalty, and 50 % in favor of life in prison. In contrast, only 29 % of Hispanic Catholics favor the death penalty, while 62 % prefer convicted murderers serve a life sentence. The National Association of Evangelicals made headlines last year with a new resolution that for the 1st time in its history acknowledged that opposition to the death penalty is a legitimate posture rooted in Christian ethics. A growing number of evangelicals are speaking out in opposition to the death penalty. Younger evangelicals of the millennial generation and Latino evangelicals are driving that trend. The Rev. Samuel Rodriguez, president of the National Hispanic Christian Leadership Conference, has noted that as evangelicals and Catholics worked together to oppose abortion, evangelicals were influenced by Catholic teaching on the death penalty. "This is coming from very conservative evangelicals who are staunchly pro-life," Rodriguez told The Washington Post. "They don't see it as a liberal issue." Christians who identity as "pro-life" because of their opposition to abortion should be at the forefront of ending the death penalty. As 400 Catholic and evangelical leaders wrote in a Holy Week statement last year: "All who reverence the sanctity of human life, created in the image of God, must never remain silent when firing squads, lethal injections, electric chairs and other instruments of death are viewed as morally unacceptable. ... In many ways, capital punishment is the rotten fruit of a culture that is sown with the seeds of poverty, inequality, racism and indifference to life." The challenge ahead is clear. More than 4 months after the Nebraska legislature voted to abolish the death penalty - a significant victory in a conservative state - a petition drive from supporters of capital punishment succeeded. A statewide referendum on the ballot in November will decide the future of the death penalty there. The U.S. Supreme Court recently ruled that Florida's death penalty system is unconstitutional because the state, which has 400 inmates on death row, allows judges rather than juries to hand down a capital punishment verdict. Lawmakers responded with a new bill that would require at least 10 jurors to recommend a death sentence. The governor has signaled he will sign the bill in an effort to preserve the state's capital punishment system. Meanwhile, an Alabama judge has also ruled that the state's death penalty is unconstitutional, based on the same Supreme Court ruling that struck down Florida's death penalty. In the most recent vivid example of how morally grotesque it is for the state to be in the business of killing, a divided Ohio Supreme Court just last week found that a 2nd execution attempt on a death row prisoner would not constitute double jeopardy or cruel and unusual punishment. In 2009, Ohio first tried to put Romell Broom to death but the execution was called off after repeated failed attempts to insert the IV. During Holy Week, as we reflect on the suffering and death of Jesus at the hands of the state, the death penalty remains a profound injustice. How will pro-life Christians respond? (source: National Catholic Reporter) ********************* High Court Wisely Avoids Death Penalty Case With the Innocence Project exonerating death row inmates, the statistical certainty that the U.S. government has executed innocent people, and the brutality of the death penalty itself, it's difficult to support capital punishment. It feels like a relic of another age, a barbaric practice that doesn't belong in a civilized society. Especially at a time when science has discredited longstanding methods to "prove" guilt, when research has shown witness testimony is virtually useless because of how malleable memories are. Those arguments come up every time a death row inmate is set to be executed, every time defense attorneys launch last-ditch efforts to save their clients as the hours and minutes wind down. They came up again ahead of March 22, when the state of Texas executed Adam Ward. Ward's attorneys failed in their bid to get the Texas Board of Pardons and Paroles to grant clemency, and the U.S. Supreme Court declined to review the case, upholding a lower court's ruling that Ward should face the death penalty. I don't support the death penalty, but it's difficult to fault the Supreme Court for passing on this case. There are plenty of questionable convictions, cases in which innocent men and women face almost certain death despite serious flaws in evidence-gathering or questionable witness statements. This is not one of those cases. Reading the coverage of Ward's execution, you'd think the Texas man was a Shawshank-like figure, a man proclaiming his innocence from prison while a growing number of supporters rally to his cause. Despite the complete absence of evidence that Ward suffers from intellectual disabilities, Newsweek ran a story with the headline, "Texas Executes Mentally Ill Man After Multiple Appeals." A story in Gawker Media's Jezebel barely acknowledges the death of Ward's victim. Instead, the story paints a picture of injustice, casting Ward as a victim of police wrongdoing. The facts don't support those claims. Ward himself admits he killed 44-year-old Michael Walker, a single father of 2. No one disputes the fact that Walker was unarmed, carrying only a cell phone and a camera, according to the Associated Press. And Walker was just doing his job. Ward and his father had been piling junk on their front lawn for some time in 2005, and when neighbors complained, the city of Commerce -- more of a small town of about 9,000 people, some 60 miles northeast of Dallas -- gave Ward a deadline to clean his yard. When the deadline came and went without the cooperation of Ward, the local government sent Walker, a code enforcement officer, to follow up. On July 13, 2005, Walker was taking photographs of Ward's front lawn when Ward angrily confronted the code enforcement officer. After arguing with Walker, Ward walked back into his house, retrieved a .45-caliber pistol, then returned and shot Walker. Nine times. Walker, who realized Ward was out of control, had already asked for back-up. Police officers arrived less than a minute after Ward gunned him down, local station KLTV reported at the time. Ward's attorneys argued that their client had an IQ below 70, which would mean he was intellectually disabled under the law. Prosecutors argued there was no evidence to support that claim, and said Ward had registered an IQ as high as 123 on tests he was given. As a series of jailhouse interviews with the AP and other news organizations demonstrated, Ward was aware of what he'd done, perfectly understood the consequences of his actions, and spoke intelligently about his fate. The only argument he mustered in his defense was that he felt threatened, so he shot Walker. "Only time any shots were fired on my behalf was when I was matching force with force," Ward told the AP in February. "I wish it never happened, but it did, and I have to live with what it is." Ward had a long time to think about what he was doing when he walked back inside his home to retrieve his pistol. Ward's father told KLTV he tried to stop his son, but Ward wouldn't listen. Ward never apologized for killing Walker, and right up until his last moments, he lamented his own fate, but didn't acknowledge the life he snuffed out in 2005. There are plenty of other cases involving mentally ill inmates on death row. Organizations like Human Rights Watch, the ACLU, and Amnesty International have issued dozens of reports on the unfair practice of executing the intellectually disabled. If the Supreme Court is going to hear any case involving the mentally ill and the death penalty, the justices can do a lot better than reviewing the case of a man who clearly had control of his own faculties. (source: Nik Bonopartis, opposingviews.com) ************************** film reviews 'Death by Hanging' and 'I Want to Live!' on DVD The Japanese director Nagisa Oshima (1932-2013) was not known for action films, but he was, as his colleague Shohei Imamura called him, a "samurai" - a militant modernist with a taste for razor-sharp social critiques. Mr. Oshima began his career with several incendiary movies about juvenile crime, like "Cruel Story of Youth" and "The Sun's Burial" (both 1960), and later created an international furor with his X-rated love story "In the Realm of the Senses" (1976). But he started a national debate in 1968 with "Death by Hanging," which was inspired by a 1958 case in which a Japanese schoolgirl was raped and murdered by a teenage Korean. Through that lens, Mr. Oshima fashioned a slapstick philosophical treatise that attacked Japanese hypocrisy in general - capital punishment in particular. "Death by Hanging," which has been reissued on Blu-ray by Criterion, starts by detailing the procedure for execution; it switches to absurd comedy when the condemned man, identified as R, survives his hanging. (As one of the film's Brechtian intertitles puts it, his "body refuses to be executed.") The unsuccessful execution deprives the prisoner of his memory, thus placing the authorities in an awkward position: Their prisoner has become inconveniently "innocent." The law mandates that he understand why he is to die, so the need to educate him provides "Death by Hanging" the opportunity to interrogate the state's motives in prosecuting R's crime. The Japanese critic Tadao Sato compared Mr. Oshima's strategy to 1960s social unrest. The movie "resembled the dialectical cross-examination by students of their professors on responsibility." To jog R's memory, various authority figures - a cynical doctor, an opportunistic prison warden, a hysterical Catholic priest, a crazy education officer and several clownish prison guards - prod him to re-enact his crime. The death chamber becomes a stage on which R is meant to perform before an impassive magistrate, flanked by imperial soldiers and the Japanese flag. Since R is Korean, the patriotic trappings are additionally significant: He is a former colonial subject and for Japanese extremists, a member of another race. But R no longer remembers that he is Korean, nor does he even understand what "Korean" means. In the movie's most sardonic sequence, the prison authorities dramatize R's childhood in an urban slum, yelling suggestions ("Act more Korean - more over the top!") as he is taken to the scene of the crime. After the education officer gets so carried away that he commits R's crime for him, the film takes another leap into abstraction. The murdered schoolgirl turns into R's nonexistent sister, a militant leftist who, after she explains that his crime is a product of Japanese imperialism, herself becomes an accomplice and candidate for execution. Ultimately devolving into a sodden drinking party, "Death by Hanging" is by no means perfect. The movie's 1st 1/2 has a conceptual lucidity that is later clouded over with ambivalence. Nevertheless, it is difficult to imagine a comparable American movie - Mr. Oshima's essay on race and crime would not only be provocative but also topical. The 1958 Walter Wanger production "I Want to Live!" (remastered on DVD by Kino Lorber) is probably the most celebrated anti-death penalty movie Hollywood ever produced; as with "Death by Hanging," it was inspired by an actual crime - a 1953 armed robbery resulting in the killing of a 62-year-old Burbank widow - that became a tabloid sensation. But unlike Mr. Oshima's film, "I Want to Live!" is premised, not altogether impartially, on the innocence of its protagonist. Rather than didactic farce, the mode is high-powered melodrama - the samurai warrior here is Susan Hayward, who became one of Hollywood's top female stars by embodying sassy determination in the face of extreme hardship. Announcing itself as a "factual story," "I Want to Live!" - directed by Robert Wise - plunges into a wildly expressionistic vision of a San Francisco jazz club. Gerry Mulligan wails on sax, hipsters smoke reefer in the alley, and party girls dance solo mambos to a mad bongo beat. The scene shifts to a sleazy hotel room, where Barbara Graham (Ms. Hayward) pops suddenly into the frame, rising from the bed where she spent the night in the company of a man who is definitely not her husband. After a half-hour of raucous freedom and petty crime, Barbara is busted and seemingly framed for a murder committed by her lowlife pals. Packed off to prison, betrayed by a fellow inmate, tortured by the press and put on trial (with a showstopping turn on the stand), she is railroaded toward the gas chamber. The movie spends the better part of an hour on death row (where, her taste for jazz undiminished, Barbara listens to Mr. Mulligan in her cell). Nothing if not effective in its existential angst, "I Want to Live!" was endorsed in France by Albert Camus. Barbara is battered by a series of last-minute stays of execution but is valiantly glamorous to the end, going to the gas chamber in a cocktail dress and high heels. ("Are my seams straight?" she asks a sympathetic prison guard.) "I Want to Live!" ends where "Death by Hanging" begins, with an analysis of the execution process. It also won Ms. Hayward an Academy Award, after 4 previous nominations. After the actress accepted her prize, she was, according to Mason Wiley and Damien Bona's book "Inside Oscar," called back out onstage to make a curtain call - a tribute, perhaps, to her character's will to live. (source: New York Times) From rhalperi at smu.edu Fri Mar 25 11:03:49 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 25 Mar 2016 11:03:49 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 25 FRANCE: The Death-Penalty Abolitionist Who Invented the Guillotine----The 18th-century doctor Joseph Ignace Guillotin hoped a more humane method of execution would eventually lead to the end of capital punishment. One day in May 1738, legend has it, a woman approaching the end of her pregnancy was walking down a street in Saintes, France, when she heard the cries of a man being executed on the town's breaking wheel. (The condemned would be tied to a large wheel, limbs stretched into a starfish, and then beaten with a club to break the bones.) So traumatic were the man's screams, the story goes, that the woman went into labor right then and there. The circumstances, if true, were fitting for the person that came into the world that day. As the French historian Daniel Arasse wrote, "the conditions of his birth determined his later renown" - the baby, Joseph Ignace Guillotin, would grow up to invent one of the deadliest instruments of execution of his time. But before he invented the guillotine, he would devote a career to lobbying against the death penalty in France. Guillotin's early career was accomplished, if otherwise unremarkable: He worked briefly as a literature professor at the University of Bordeaux, then left for Paris, where he studied medicine and then settled as a practicing physician. In 1788, he wrote a pamphlet titled "Petition of the Living Citizens of Paris," arguing for more representation for non-nobility in the legislative body called the Estates General. The following year, largely as a result of the attention he received for "Petition," he became a representative to the Estate, launching his political career. As a politician, Guillotin focused mostly on medical reform. He was also an opponent of the death penalty, and, perhaps recognizing that outright abolition was unlikely, focused his energy on making capital punishment more humane - and more egalitarian. At the time, only the nobility in France had the dubious privilege of beheading by sword; most criminals sentenced to death were hung on the gallows (or, in some gruesome cases, sent to the breaking wheel). On October 10, 1789, Guillotin submitted a proposal to the French government arguing for a decapitating machine to become the standard manner of carrying out the death penalty. Initially, the proposal gained little traction - but that December, Guillotin delivered a speech to the National Assembly that would ultimately elevate both the man and the idea to international fame. In a moment of enthusiasm, he told his audience, "Now with my machine I take off your head in the twinkling of an eye, and you never feel it." The following day, the Les Actes des Apotres, a popular French journal, mocked Guillton's comment into song (this translation comes from Chambers Edinburgh Journal, a 19th-century British magazine): Politician, And physician, Bethought himself, 'tis plain, That hanging's not humane Nor patriotic; And straightaway showed A clever mode To kill - without a pang - men; Which, void of rope or stakes, Suppression makes Of hangmen. ... And then offhand, His genius planned That machine that 'simply' kills - that's all - Which after him we call "Guillotine" For Guillotin, it was the moment that his name became forever synonymous with decapitation. (As the Chambers' Journal noted, the three other politicians mentioned in the full version of the song were all known as violent members of the National Assembly. All, coincidentally, also were later killed by the guillotine, as was the author of the song, Chevalier de Champcenetz.) Despite the public merriment around Guillotin's comments, all of his propositions were eventually approved. On June 3, 1791, the Assembly decreed that the decapitating machine was to be the sole means of legal criminal execution, and tasked the politician Pierre Louis Roederer with overseeing its construction. Roederer contacted Guillotin on the March 10, 1792, to request his involvement, but no record exists of whether the doctor complied. In the meantime, he initially struggled to procure workmen for the job, due to their concern about the stigma of being affiliated with the machine. After receiving a letter suggesting workmen would charge exorbitantly for involvement, Roederer wrote to one potential contractor: "Prejudice indeed exists, but I have offers from other persons ... provided they should not ... have their names exposed as connected with the object." The machine was initially tested on sheep, calves, and human corpses. Finally, Roederer reached an agreement with a German harpsichord maker, Tobias Schmidt, to manufacture the guillotine. The machine was initially tested on sheep, calves, and human corpses; the 1st human to fall victim to the guillotine was Nicolas Jacques Pelletier, in 1792. From there, the guillotine would reign for another 2 centuries: It remained the standard means of execution for condemned civilians in France until the death penalty was abolished in 1981. Guillotin, the Chamber's Edinburgh Journal wrote, "bitterly regretted to the latest moment of his existence" his involvement with the killing apparatus. Despite persistent public myth that Guillotin himself was killed by his eponymous machine, the doctor died at 75 of natural causes. (The myth was so widespread, however, that the popular Johnson's Dictionary even recorded it as fact under the entry for guillotine.) At his funeral, Guillotin's friend, the physician Edme-Claude Bourru, eulogized the late physician, commenting: "How true it is that it is difficult to benefit mankind without some unpleasantness resulting for oneself." (source: The Atlantic) PAKISTAN: 2 terrorists hanged in Sahiwal jail Authorities on Thursday hanged 2 terrorists here at a high security jail. According to reports, Abdullah Baloch, a resident of Darya Khan, Bhakkar, and Sohail Ahmed, a resident of Ahmedpur Sharqia, Bhawalpur, were arrested and an inquiry was undertaken under Section 59(6) and 4 of the Army Act against them. Upon completion of inquiry, a special military court awarded them death penalty on 7th January 2016 which was later confirmed by army chief. President of Pakistan also rejected their mercy petitions on 22nd of January and both convicts were hanged yesterday. Bodies of both men - Abdullah Baloch and Sohail - were handed over to their heirs after execution. *********************** 4,960 death-row prisoners awaiting their fate in Punjab jails Around 4,960 condemned prisoners are awaiting their fate in the jails of Punjab only, statistics available with The Nation revealed. Their appeals are pending with the President of Pakistan, the Supreme Court, the Lahore High Court, the Federal Shariat Court and the GHQ. Apart from these condemned prisoners, 350 high-profile prisoners are also kept in the jails of Lahore, Multan, Faisalabad, Sargodha, Sahiwal and Rawalpindi. Of these, 17 belong to Sipah-e-Sahaba, 4 have links with Al-Qaeda and one is from Sipah-e-Muhammad. The prison authorities have deployed army jawans, Rangers, Elite Force, Quick Response Force and Punjab police for their safe custody. All of them are under strict vigilance. "We are imparting latest training and weapons to our staff for watch and ward of these prisoners," a top official of the Prisons Department told The Nation. It merits mentioning here that mercy petitions of 55 prisoners on death row in the Punjab had been rejected by the President of Pakistan, but they were not executed as they have filed review petitions in the Supreme Court. Former President Asif Ali Zardari placed a 5-year moratorium on executions in June 2008. During the period from June 2008 to March 6, 2015, nobody was sent to the gallows as Prime Minister Nawaz Sharif also suspended the death penalty after the moratorium expired in June 2013. The suspension on executions imposed by the Nawaz government was welcomed by the international community and human rights organisations, particularly because it was being feared that Prime Minister Nawaz Sharif was going to resume executions. At present, 4,915 male and 45 female prisoners are awaiting their fate in different jails of the province. The highest number of these prisoners, 413 males and 7 females, is in Central Jail, Lahore, followed by Central Jail, Faisalabad, where there are 393 male condemned prisoners. In Central Jail, Rawalpindi, there are 376 male and 7 female prisoners. There are more than 2,000 male and 16 female death-row prisoners in the jails of Lahore region which comprises Lahore, Gujranwala, Sahiwal, Kasur, Sheikhupura and Sialkot districts. Of these prisoners, the appeals of 1,500 males and 14 females are pending with the Lahore High Court and those of 350 males and one female with the Supreme Court. The appeals of 175 prisoners are pending with the President of Pakistan while 1 male prisoner's appeal is pending with the GHQ. In Rawalpindi Region, there are more than 1,000 male and 8 female condemned prisoners. The appeals of 727 male and 8 female prisoners are pending with the Lahore High Court and those of 188 in the Supreme Court. Rawalpindi region consists of Rawalpindi, Attock, Gujrat, Jhelum, Mandi Bahauddin and Chakwal districts. The appeals of about 1,200 male and 8 female condemned prisoners are pending in the Faisalabad region which comprises Faisalabad, Mianwali, Jhang, Sargodha, Khushab and Toba Tek Singh districts. Similarly, more than 1,100 male and 12 female prisoners are awaiting their fate in Multan region's jails. In addition, 45 Indian prisoners are also kept in different jails of the province. (source for both: The Nation) JAPAN----executions Japan sends 2 more inmates to the gallows 2 death row inmates were hanged Friday morning, according to the Justice Ministry, bringing to 16 the number of executions carried out under Prime Minister Shinzo Abe's administration since taking power in 2012. The 2 prisoners were Yasutoshi Kamata, 75, and Junko Yoshida, 56. Yoshida is only the 5th woman to face the gallows according to ministry records that date back to 1950, and the 1st hanged since 2012. Kamata was sentenced to death in 2005 for killing 5 females in Osaka between 1985 and 1994, including a 9-year-old girl. Kamata abducted the girl to molest her, and eventually strangled her to death. He was also found guilty of kidnapping, having demanded a ransom from the girl's father. Yoshida, a former nurse from Fukuoka Prefecture, was convicted for conspiring with 3 other hospital employees in 1998 and 1999 to kill 2 of their husbands in schemes to pocket Y67 million yen in insurance money. She was found guilty for being the mastermind behind the killings and sentenced to death in 2010. Justice Minister Mitsuhide Iwaki, who signed the order for the executions, emphasized they were only carried out after "careful examination," and it was determined there was no valid reason for retrials. "These 2 atrocious cases claimed the precious lives of the victims for extremely selfish reasons. I feel sorrow for those who were murdered and their families," he told a news conference following the hangings. The last time Japan hanged a death row inmate was in December. The executions Friday were the 2nd time capital punishment has been carried out since Iwaki took over the ministry 5 months ago. A total of 16 death row inmates have now been hanged under the current Abe administration. Meanwhile, Amnesty International Japan, a human rights group opposed to capital punishment, criticized the latest executions, saying a string of capital punishment cases is evidence the administration is "disregarding lives." "From the international perspective, by keeping this atrocious, inhumane punishment it seems that . . . (Japan) disregards human rights by going against the (international) trend to abolish the death penalty," the group said in a statement. "We extremely regret the executions this time, especially when the country is about to play a role in leading the international society as the host country of the G-7 Ise-Shima summit." There are now 124 inmates on death row in Japan after Friday's hangings, of which 89 are seeking retrials and 22 are seeking amnesties, according to the Justice Ministry. (source: Japan Times) ******************* Japan executes 2 death row inmates: Media Japan on Friday (March 25) executed 2 death row prisoners, local media reported, as the government - backed by public opinion - continued to ignore calls by international rights groups to end capital punishment. There was no immediate confirmation of the reports by Jiji Press and other media, but a Justice Ministry spokesman said a press conference on the issue was being prepared. Japan and the United States are the only major advanced industrial nations with capital punishment. Surveys have shown that the death penalty has overwhelming public support in Japan, despite repeated protests from European governments and human rights groups. International advocacy groups say Japan's system is cruel because inmates can wait for their executions for many years in solitary confinement and are only told of their impending death a few hours ahead of time. In December, Japan executed two death row prisoners, including for the 1st time someone sentenced to death by jurors. Japan in 2009 launched a jury system in which citizens deliberate with professional judges in a bid to boost the role of the citizenry in the judicial process. Under the system, more than a score of people have been sentenced to death, according to public broadcaster NHK. (source: Agence France-Presse) MALAYSIA----executions Malaysia hangs three men for murder in 'secretive' execution ---- Rights groups criticise government for giving the men's families only 2 days notice of the hangings Malaysia has executed 3 men for murder, their lawyer said, in what rights groups called a "secretive" hanging in which the men's families were given only 2 days notice. "The execution was done between 4:30 and 5:30 this morning," lawyer Palaya Rengaiah told the Guardian. "They were hanged to death." Rengaiah said the families received a letter 2 days before the execution, advising them to make a last visit to the men and funeral arrangements. He said the men were told on Thursday that they would be hanged on Friday. Gunasegar Pitchaymuthu, 35, Ramesh Jayakumar, 34, and his brother Sasivarnam Jayakumar, 37, were sentenced to the gallows after they were found guilty by the high court of murdering a 25-year-old man in a playground in 2005. The trio claimed during court sessions that they were acting in self-defence after being attacked by a group that included the victim. The Malaysian prison's department said there were currently more than 1,000 inmates awaiting execution, although none had been killed since 2013, according to Death Penalty Worldwide. Amnesty International has condemned what it called a "last-minute" execution of the men accused of murder, an offence that carries a mandatory death sentence. In Malaysia, information on scheduled hangings are not made public before, or sometimes after, they are carried out - a practice Amnesty said was "secretive" and contrary to international standards on the use of the death penalty. Several high-level officials have spoken against mandatory death sentences in Malaysia, a decades-old law that is also imposed on serious drug, treason and firearms offences. These voices include the attorney-general, Apandi Ali, who said in November that he would propose to the cabinet that the penalty be scrapped, calling it a "paradox" as it robbed judges of their discretion to impose sentences on convicted criminals. "If I had my way, I would introduce the option for the judge in cases where it involves capital punishment. Give the option to the judge either to hang him or send him to prison," he said. Days after, government minister Nancy Shukri, said she hoped to amend the penal code to abolish the death sentence. "It is not easy to amend, but we are working on it. I hope to table it next year in March," Shukri told reporters, adding that the punishment had done little to reduce the number of crimes committed. The motion has not been put to parliament. Charles Hector, coordinator for Malaysians Against Death Penalty and Torture, on Thursday called for the Sultan of Kedah and the Sultan of Perak, state royalty in the two regions where the men were on death row, to use their power to stop the hangings. He also urged Skukri, who is the de facto law minister, and the attorney-general, to obtain a stay of execution. The Guardian was unable immediately to reach the government for comment. Josef Benedict, Amnesty International's deputy campaign director for south-east Asia and the Pacific, said ahead of the execution that "as discussions on abolishing the mandatory death penalty in Malaysia continue, the Malaysian government must immediately put in place a moratorium on all executions as a 1st step towards full abolition of the death penalty". (source: The Guardian) ***************** Death row inmate's family regrets not told of his execution After 2 years on death row, a convict and his family learnt the dreaded news just a day before he was put to death this morning. Account executive P. Joty, 30, said the family rushed to see her brother Gunasegar (pic) on Thursday, after they received a letter which stated he would be executed "soon". The letter from the Taiping Prison Department gave no date for execution, though it advised them to make arrangements to claim the body for a funeral. A source from the Malaysian Bar confirmed seeing the letter, saying that it was dated earlier but apparently received only on Wednesday. When the 25 family members visited Gunasegar in Taiping prison, they were given the bombshell news that he would be hung at dawn on Friday. "Me and my mother visited him last week. They told us nothing," said Joty, sobbing when reached for a phone interview. 1 of 9 siblings, she had delayed her wedding to stay close to her brother at the Pokok Sena prison, in Kedah, where death row inmates are kept before being transferred to Taiping for execution. She said the immediate family was given an hour to see him, while the rest had around 40 minutes per group of 10 people. When The Star asked to speak to Gunasegar's mother, Joty said she was still crying and too distraught to speak. Gunasegar was on death row for his role in the murder of B. Venukumar, then 24, during a gang fight on April 4, 2005. Joty said Gunasegar maintained his claim of innocence, telling her "only God knows what happened, but it's bye bye for me". In court documents sighted by The Star, Gunasegar was charged together with brothers J. Ramesh and J. Sasivarnam, with murdering Venukumar at a playground in Taman Ria Raya, Sungai Petani, Kedah. Though the trio claimed during the trial that they had been attacked by a gang, which included Venukumar and only defended themselves, the High Court found them guilty in 2011. The decision was later affirmed by the Court of Appeal in 2012 and Federal Court in 2014. Amnesty International Malaysia executive director Shamini Darshni criticised the Prisons Department's handling of the news, saying the last minute nature of the announcement was "heartless" to the family. Amnesty International stated its concern on Malaysia's practice of "secretive" executions, saying transparency on the use of the death penalty was an essential safeguard in such cases, as it allowed for greater scrutiny and meaningful debate on the issue. Despite civil bodies Amnesty International and the Malaysian Bar call for the Government to halt the execution the Gunasegar, Ramesh and Sasivarnam, the trio were put to death at 6.30am this morning. In a statement on Thursday, Malaysian Bar president Steven Thiru said it was unfair and unjust to carry out the death sentence while the Government was mulling on abolishing the mandatory death penalty. (source: The Star) ***************** Amnesty International denounces 'shocking' Malaysian executions Amnesty International said Malaysian authorities hanged 3 convicted murderers on Friday (March 25) despite calls for clemency from rights groups that called the executions "shocking and disturbing", as the country considers scrapping the death penalty. Meanwhile, the family of one of the executed inmates slammed the authorities for informing them of the execution only a day in advance. Malaysian and international organisations including the UN's human rights body had this week issued appeals for authorities to stay the expected execution of Gunasegar Pitchaymuthu. Amnesty said 2 brothers, Ramesh Jayakumar and Sasivarnam Jayakumar, also had been hanged on Friday. AFP was not able to confirm the hangings. Malaysia does not publicly announce executions and otherwise closely guards information on its application of the death penalty Malaysian officials have indicated in recent years that the government may review its use of capital punishment, but no progress is known to have been made. "The fact that these state killings come at a time when the Malaysian government is actively discussing abolition of the mandatory death penalty makes them all the more shocking and disturbing," Amnesty International's Southeast Asia campaigns director Josef Benedict said in a statement. "These hangings are a sickening reminder that the Malaysian authorities must redouble their efforts to establish a moratorium on executions as a first step towards abolition of the death penalty." Gunasegar was sentenced to death for his role in the murder of B. Venukumar, then 24, during a gang fight on April 4, 2005. His sister, P. Joty, said Gunasegar maintained his claim of innocence, telling her "only God knows what happened, but it's bye bye for me". P. Joty, 30, said the family rushed to see her brother on Thursday, after they received a letter which stated he would be executed "soon". The letter from the Taiping Prison Department gave no date for execution, though it advised them to make arrangements to claim the body for a funeral. A source from the Malaysian Bar confirmed seeing the letter, saying that it was dated earlier but apparently received only on Wednesday. When 25 family members visited Gunasegar in Taiping prison, they were given the bombshell news that he would be hung at dawn on Friday. "Me and my mother visited him last week. They told us nothing," said Joty, sobbing in a phone interview. 1 of 9 siblings, she had delayed her wedding to stay close to her brother at the Pokok Sena prison, in Kedah, where death row inmates are kept before being transferred to Taiping for execution. She said the immediate family was given an hour to see him, while the rest had around 40 minutes per group of 10 people. The Southeast Asia office of the UN High Commissioner for Human Rights on Thursday also had urged a stay of Gunasegar Pitchaymuthu's execution, adding that it was "concerned by Malaysia's practice of carrying out executions in secret". Around 900 people were on death row in Malaysia, officials have said in recent years, mostly drug offenders. Since 1960, nearly 450 people have been executed, according to data released in 2011, but activists say they have been extremely rare in recent years. In 2014, authorities halted plans to execute a Malaysian convicted murderer, Chandran Paskaran, after an outcry from rights groups. (source: straitstimes.com) ******************* Malaysian mulls death penalty ban Minister in the Prime Minister's Department Nancy Shukri yesterday said the government, through the Attorney General's Chambers (AGC), is still studying whether to abolish the provision for the mandatory death penalty. "They already have a study done and they are still doing a report to evaluate legal issues, policies and the effectiveness of the death penalty in the country. "The scope of the research is not accounted for the mandatory death penalty only instead it covers the overall death penalty enforced in the country." She also said the AGC is reviewing a proposal to amend the Civil Law Act 1956 to raise the age limit for road accident claimants from 55 to 60 years. She said the amendment to Section 7 of the Act, known as Act 67, among others, aims to increase the amount of compensation for grief, the calculation of loss of income by taking into account the amendment to the Pensions Act 1980 (Act 227) through the Pensions Amendment Act 2011 (Act 1409). "Act 1409 has raised the mandatory retirement age of civil servants from 55 years to 60 years and the Minimum Retirement Age Act 2012 (Act 753) sets the minimum retirement age as 60. "The decision will be made on the basis of the findings of the research being conducted," she said at the Dewan Rakyat yesterday. (source: therakyatpost.com) *************************** Death sentence for cop who let pistol be used in robbery, murder A 49-year-old suspended policeman has been sentenced to death by the High Court here for allowing his pistol to be used in a robbery which led to the death of another man. In sentencing Mohd Taufik Peter Abdullah, Justice Datuk Samsudin Hassan said the defence had failed to prove reasonable doubt to the prosecution's case. "As the defence had failed to prove that the accused took reasonable actions to avoid shots being fired from his pistol, the penalty is for the accused to be hung to death," he said. Taufik was accused of robbing Max Goldsmith & Jewellery at No. 105, Jalan Sultan Iskandar on Sept 16 2009 between 3.30pm and 5.10pm with S. Nagendran. The robbery led to the killing of Chen Fun Kee, a shop employee. Taufik was initially charged under section 302 of the penal code for murder but when his defence was called, the prosecution offered an alternative charge under section 3A of the Firearms Act (Increased Penalty) 1971. (source: New Straits Times) SINGAPORE: 5 arrested, more than 2kg of drugs seized in CNB operation 5 people have been arrested and more than 2kg of drugs worth an estimated $156,000 were seized in a Central Narcotics Bureau (CNB) operation on Thursday (March 24). At about noon, CNB officers observed a car driven by a 47-year-old male Singaporean, who picked up a 43-year-old Singaporean man and a 21-year-old Indonesian woman. The driver drove to a carpark in the vicinity of Lengkong Tiga in Bedok, where a suspected drug courier, a 29-year-old Malaysian man on a motorcycle, passed a plastic bag to the male passenger, who is a suspected drug trafficker. Officers arrested all 4 for suspected drug activities, and recovered 2 bundles of heroin weighing about 950g from the plastic bag, along with $5,880 in cash. They then raided the hideout of the suspected drug trafficker, where about 920g of heroin and 4 packets of "Ice" weighing about 30g were recovered. Follow-up investigations led to the arrest of another suspected trafficker, a 41-year-old Singaporean man. About 400g of cannabis, 20g of "Ice" and 35g of heroin were found in his hideout. A total of about 1.9kg of heroin, 400g of cannabis and about 50g of "Ice" were seized in the operation. Investigations into the drug activities of all suspects are ongoing. The Misuse of Drugs Act provides for the death penalty if the amount of diamorphine - or pure heroin - trafficked exceeds 15g. (source: The Straits Times) INDIA: Tharoor reignites Afzal Guru debate, says he didn't pull gun or set up bomb Congress leader Shashi Tharoor has reignited the debate on Afzal Guru, 2001 Parliament attack convict. Speaking against the death penalty, Tharoor said, "This (Afzal Guru) is not a terrorist to actually himself pull the gun or set up a bomb." Tharoor said, "The government of India I believe, did not distinguish itself in the manner in which it was done and in the same time, I don't like the death penalty." Here are excerpts from the interview: CNN-IBN:So if I was to then ask you, when a former home minister like P Chidambaram makes a statement like Afzal Guru being hung, was perhaps not the best example of Indian legalism. How do I look at that? Should I look at that as a nationalist comment? Should I look at that as a patriotic comment? How do you I look at that? Shashi Tharoor: I think you should look at it like a specific political leader expressing his views on a public issue. Look, I myself have stated that I'm against the death penalty on all circumstances for everybody. I have said this on the record. CNN-IBN:You believe Afzal Guru should not have been hanged? Shashi Tharoor: I believe even terrorists and in this case, this is not a terrorist to actually himself pull the gun or set up a bomb. CNN-IBN:Should he have been hung? Shashi Tharoor: As far as I am concerned, under the existing laws and practices of our country, he got due process through all judicial processes and was hanged. That doesn't deny me the right of an Indian citizen in a democracy to continue arguing that the death penalty should be abolished. CNN-IBN:Even in the case of Afzal Guru? Despite the fact that the case went all up to Supreme Court literally at the stroke of midnight hours? Shashi Tharoor: As you know, the Supreme Court can only apply the existing law of the land. In the 2nd point, I mean in manner that we did it did not do us credit as a government because of the fact that we didn't notify the family in time. They got the notification after the news office hanging. CNN-IBN:You were unfair? Your government was unfair to Afzal Guru. Is that what you're saying? Shashi Tharoor: The government of India, let's not say yours or mine, CNN-IBN:Okay, the government of India...the then government of India led by the Congress party. Shashi Tharoor: The government of India I believe, did not distinguish itself in the manner in which it was done and in the same time, I don't like the death penalty. So these are individual views, Mr Chidambaran expressed his views. I am expressing my views. (source: ibnlive.com) From rhalperi at smu.edu Fri Mar 25 11:15:35 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Fri, 25 Mar 2016 11:15:35 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 25 RUSSIA: Russian Duma Deputies Propose Death Penalty for Terrorists A number of Russian Duma deputies have proposed a bill that would introduce the death penalty for terrorism-related crimes, the Kommersant newspaper reported Friday. The bill was introduced by A Just Russia political party leader Sergei Mironov and two other deputies. "The goal of rehabilitation for such criminals ... cannot be achieved, and the punishment has to be adequate to the threat their deeds pose to society and serve as a warning [to others]," Mironov said in a statement published on the party's website. Although a provision in Russia's Criminal Code allows capital punishment for serious crimes, a moratorium has been in place since 1996. In 2009, the Constitutional Court extended the moratorium and ruled that no court in the country has the right to sentence anyone to death. (source: The Moscow Times) JAPAN: 2 hanged as chilling executions continue The Japanese authorities' reprehensible execution of 2 people today, continues to place the country on the wrong side of history, Amnesty International said. Yasutoshi Kamata, a 75-year-old-man, was hanged in Osaka Detention Centre on Friday morning. Junko Yoshida, 56, was hanged in the early hours of Friday morning at Fukuoka Detention Centre, in southern Japan. Yoshida is the first woman to be executed in Japan since 2012. "These disgraceful executions demonstrate a failure of leadership by Prime Minister Shinzo Abe," said Hiroka Shoji, East Asia Researcher at Amnesty International. "It is long overdue for Japan to abolish this ultimate cruel and inhumane punishment." The executions are the 1st to be carried out in Japan in 2016, and takes the total number of executions under Prime Minister Shinzo Abe's current government to 16. Junko Yoshida was sentenced to death in 2010 for the murder of two people, in 1998 and 1999. Yasutoshi Kamata's death sentence was confirmed in 2005, after he was convicted of the murders of five people between 1985 and 1994. Japan is among a small, shrinking minority of countries around the world that continue to execute people. As of today, 102 countries - more than 1/2 of the world's countries have fully abolished thedeath penalty, and 140 countries globally have abolished the death penalty in law or practice. The Japanese government maintains that the continued use of executions is supported by public opinion and acts as deterrent for serious crimes. "The Japanese authorities' willingness to continue with executions means the country is out of step with the majority of the world, as more and more countries abandon this cruel punishment," said Hiroka Shoji. "There is no evidence that the death penalty is any more of a deterrent to violent crime than imprisonment." Amnesty International has called on Japan to immediately introduce a moratorium on executions, as a 1st step towards abolition of the death penalty. Background Executions in Japan are shrouded in secrecy with prisoners typically given only a few hours' notice, but some may be given no warning at all. Their families, lawyers and the public are usually notified about the execution only after it has taken place. Secret executions are in contravention of international standards on the use of the death penalty. This and the lack of other adequate legal safeguards for those facing the death penalty in Japan has been widely criticized by UN experts. This includes defendants being denied adequate legal counsel and a lack of a mandatory appeal process for capital cases. Several prisoners with mental and intellectual disabilities are also known to have been executed or remain on death row. Amnesty International opposes the death penalty in all cases without exception, regardless of the nature or circumstances of the crime, the guilt, innocence or other characteristics of the offender or the method used by the state to carry out the execution. The death penalty violates the right to life and is the ultimate cruel, inhuman and degrading punishment. (source: Amnesty International) From rhalperi at smu.edu Sat Mar 26 08:10:18 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Sat, 26 Mar 2016 08:10:18 -0500 Subject: [Deathpenalty] death penalty news-----PENN., VA., S.C., MISS., KY. Message-ID: March 26 PENNSYLVANIA: Prosecutors drop death penalty arguments opposed by Con-ui's defense Prosecutors have withdrawn part of a set of legal arguments they're relying upon in their pursuit of the death penalty against a violent gang member accused of viciously murdering a federal corrections officer. According to an amended notice filed Friday in federal court, prosecutors withdrew future dangerousness, lack of remorse and low rehabilitative potential from a list of non-statutory aggravating factors they argue justify putting Jessie Con-ui to death. Future dangerousness, or whether the defendant poses a continuing threat to the lives and safety of others, was included among 3 aggravating factors defense attorneys sought to strike in an October court filing that also argued against the practicality of the death penalty. U.S. District Judge A. Richard Caputo upheld the use of the punishment in a Jan. 28 decision. 6 statutory aggravating factors, or factors related to a formal law, remained unchanged from a prior notice to seek the death penalty filed Oct. 2, 2014. The non-statutory factors that remain intact in Friday's filing include victim impact and participation in additional uncharged serious acts of violence. It was unclear Friday what prompted the amended notice. Assistant U.S. Attorney Francis P. Sempa did not immediately return a request for comment Friday. Con-ui, 39, is slated to stand trial in September on charges he murdered corrections officer Eric J. Williams at U.S. Penitentiary Canaan in Wayne County in 2013. Williams, a 2003 King's College graduate, was 24. Out of the Nanticoke native's death came the Eric Williams Correctional Officer Protection Act. Signed into law March 10 by President Barack Obama, the act allows federal corrections officer to carry non-lethal pepper spray. Prosecutors claim Con-ui ambushed the unarmed guard as he ascended a staircase inside the prison. The inmate then kicked him down the flight of stairs before beating and stabbing him to death, prosecutors allege. They say Con-ui tossed Williams' radio aside in an attempt to keep him from calling for help. A New Mexican Mafia gang member with a chilling past, Con-ui was serving an 11-year prison sentence at Canaan on drug charges. Following that sentence, he was set to begin serving life in prison after pleading guilty to 1st-degree murder. Prosecutors allege Con-ui in 2008 baited friend and fellow gang member Carlos Garcia into meeting him at an Arizona laundromat where 2 men ambushed and shot him. Con-ui allegedly agreed to or participated in several separate, uncharged incidents while jailed between 1999 and 2010, including stabbing another inmate with a homemade knife and assaulting another inmate with a metal food tray, according to prosecutors. Prosecutors allege that while out of jail in 2013, Con-ui conspired in the planned murder of a law enforcement officer but was arrested before the scheme could be carried out. Con-ui remains jailed at ADX Florence, a super-maximum federal prison in Fremont County, Colorado, nicknamed the "Alcatraz of the Rockies." He is charged with 1st-degree murder, 1st-degree murder of a federal corrections officer and possessing contraband in prison. (source: Times Leader) **************** DA to pursue death penalty in Pennsylvania officer's killing A western Pennsylvania man charged with fatally shooting a police officer who responded to a domestic dispute could face the death penalty. The Pittsburgh Tribune-Review (http://bit.ly/22IflEU ) reports Westmoreland County District Attorney John Peck filed notice that he'll pursue death in the case of 31-year-old Ray Shetler Jr. Shetler, of New Florence, is charged with 1st-degree murder in the death of St. Clair Township Officer Lloyd Reed on Nov. 28. Shelter has acknowledged shooting Reed who arrived after Shetler's girlfriend called 911 claiming he'd assaulted her that night. But Shetler contends he didn't realize Reed was an officer and fired in self-defense after Reed fired at him first. State police, who investigated the shooting, contend Reed identified himself clearly and fired only after Shetler refused to drop his rifle. Shetler's attorney didn't immediately comment Thursday. (source: Associated Press) VIRGINIA: Rethink the death penalty in Virginia This week, believers across the globe have immersed themselves in ceremonies and rituals that honor the crucifixion and resurrection of Jesus Christ. Many reflected on how the son of God was unjustly tried and sentenced to death for a crime he did not commit. Most, however, forget the penitent thief who died alongside Christ after asking to be forgiven. "You will be with me in paradise," Jesus told the man before dying. Easter presents a unique opportunity for faith communities to rethink our criminal justice system and the role that forgiveness, compassion and redemption should play. Jesus' trial and subsequent execution is perhaps the best example believers have for abolishing the death penalty and embracing mercy. Virginia lawmakers recently approved a bill allowing the state to execute death row inmates using the electric chair when lethal injection drugs are unavailable. The bill now awaits the signature of Democratic Gov. Terry McAuliffe, who has a moral responsibility to veto the bill immediately. Though the electric chair has been a vehicle for executions in Virginia for decades, since 1995 it has served only as an option for inmates rather than a requirement. If McAuliffe fails to veto this bill, the fate of 7 prisoners on death row rests in the balance as Virginia's supply of lethal injection drugs will soon expire. While many drug companies have blocked the use of their products in lethal injections, reviving the mandatory use of the electric chair is not the answer. Virginia has a history of botched executions with the electric chair, according to data collected by Virginians for Alternatives to the Death Penalty. In 1990, the first electric shock caused blood to gush from the mask worn by Wilbert Lee Evans, drenching his shirt. He would endure another jolt of electricity before dying. In 1991, the pulse of Derick Lynn Peterson could still be detected more than 7 minutes after corrections officials delivered what was believed to be a deadly shock. A second surge of electricity was also needed to execute him. There is only 1 clear and obvious solution to the lethal injection problem facing Virginia and other death penalty states - abolish the death penalty. Throughout the country, the tide against capital punishment is turning. More and more U.S. states are abandoning the death penalty as a broken system ridden with racial bias and prone to error. Approximately 19 U.S. states and the District of Columbia have abolished the death penalty, and 6 more states have not carried out an execution in 10 years or more, according to Amnesty International USA. In 2015, Nebraska became the most recent state to abolish the death penalty. Faith communities are joining the crusade. Pope Francis expressed the Catholic Church's opposition to the death penalty, calling it "inadmissible, no matter how serious the crime committed" and proclaiming 2016 as the "Year of Mercy." As a lifelong Christian, I remain inspired by the mercy that Christ showed the penitent thief who asked to be forgiven while on the cross. It is proof that we can all be redeemed. My prayer is that McAuliffe takes a courageous step toward abolishing the death penalty in Virginia by vetoing this bill. (source: Guest Columnist; The Rev. Jennifer Butler is CEO of Faith in Public Life----The Virginian-Pilot) SOUTH CAROLINA: Foiled escape plot prompted Sunhouse robbery, murder suspects' transfer to maximum-security prison McKinley Daniels, James Daniels, and Jerome Jenkins - the 3 charged in connection with 2 armed robberies and deaths at convenience stores in January 2015 - tried to escape the J. Reuben Long Detention Center shortly after being captured for the crimes, The Sun News has learned. The 3 devised an escape plot that authorities said led to their relocation to a maximum security facility until they face trial. "We intercepted some correspondence that dealt with their escape plan and after that we did an investigation, and there was an informant inside the jail who was able to corroborate the plans," said Tom Fox, J. Reuben Long Detention Center director. McKinley Daniels, 34, James Daniels, 28, and Jenkins, 21, are all charged with murder and armed robbery in the deaths of Bala Paruchuri, 40, and Trisha Stull, 30, who were each killed in 2 separate Sunhouse store robberies in January 2015. Fox, who has been working at the county jail for nearly 17 years, said he can only recall 2 other instances where inmates were moved from the facility, with the last time involving a violent inmate who made multiple attacks on J. Reuben staff about 7 years ago. "We take pride in how we operate our facility and the design of it, but sometimes you just have to seek out assistance," Fox said. Additionally, Jenkins was involved in the "violent assault" of another J. Reuben Long inmate and allegedly stabbed the inmate with a pencil, Fox said. The inmate suffered only superficial puncture wounds, "but the nature [of the assault] and the fact that he used a weapon escalated the threat," Fox said. The violent nature of the charges the 3 face was taken into account, along with their criminal histories, and the group was moved to Lee Correctional Institution, which is the largest maximum security facility in the state, Fox said. After the assault and rumors of the escape plot were investigated, the 3 faced a judge and an order was issued authorizing their relocation to the Lee Correctional Institution, authorities said. Horry County Solicitor Jimmy Richardson said the men likely won't face any additional charges in connection with the alleged escape plot because the 3 already face serious charges. "It would be like we have a 150 years [sentence] plus 5 years," Richardson said. He said it's seldom that inmates are moved prior to trial for safekeeping. "I've never done that before," said Richardson who has been with the solicitor's office since 1998. "That degree of it was very rare." Jenkins' attorney, Ralph Wilson, said he didn't know about the escape plot and said he objected to Jenkins being moved to the facility, which is about 2 hours away from him, making it difficult for him to get to his client. But a judge ordered that the men be transferred despite his objection. Neither of the other 2 defendants' attorneys could be reached for comment on Friday afternoon. At the maximum security prison, the men are on a 23-hour-a-day lockdown and are unable to communicate with other inmates, Fox said. Fox couldn't elaborate on the details of their alleged escape plot, but said moving them decreases the potential for local people to aid their escape or harbor them. McKinley Daniels and James Daniels, who are brothers and Jenkins, who is their cousin, revealed they have family ties in the area at a Feb. 7, 2015, bond hearing before magistrate Judge Margie B. Livingston. At that hearing, bond was denied because it was held at the magistrate level and a circuit court judge must set bond for murder charges. The men each told the judge their significant others were expected to have children soon. Jenkins said he has 2 children and his fiance was expecting a baby. James Daniels said he has a 4-year-old daughter and his girlfriend was pregnant. McKinley Daniels said he had 2 children on the way. "We didn't want to take the risks of them attempting to escape and being a risk to the community," Fox said. Richardson's office served a notice to seek the death penalty for McKinley Daniels and Jenkins recently and said the escape plan didn't come into play when considering the maximum penalty for the 2 men, but said that information will come out at the trial. The solicitor's office has not served notice to seek the death penalty in James Daniels' case. The death penalty is being sought because the alleged crime spree involved 2 murders and 3 armed robberies, Richardson said. On Jan. 2, 2015, Paruchuri, 40, was shot and killed inside the Sunhouse store at 7406 S.C. 905. He was gunned down while the suspects were leaving the store after demanding money out of the register, police said. Surveillance video shows Paruchuri putting his hands in the air and cooperating before he was shot multiple times, authorities said. Stull, 30, had only worked at the Sunhouse store at 2697 Oak St. in Conway for a few weeks before she was shot twice. She had hit the store's panic button to silently alert police something was wrong, police said. The mother of 2 was pronounced dead inside the store. At the trio's Feb. 7, 2015 bond hearing, family members told the judge Stull was engaged to the half-brother of McKinley and James Daniels. McKinley Daniels told the judge that he knew Trisha Stull and would not have hurt her. Police later said that the robbery at the Scotchman on Jan. 25, 2015, and the robbery and Stull's death at the Sunhouse store were connected and involved the same suspects. In the Scotchman store robbery, 2 men went into the business at 9 p.m. Jan. 25, 2015, pointed a gun at the clerk and demanded money, police said. The men wore hooded sweatshirts, and one had a dark cloth mask covering his face, while the other man had a white cloth mask over his face. No one was hurt during that robbery, according to authorities. Both McKinley and James Daniels have prior felony convictions according SLED records. McKinley Daniels was sentenced to 10 years in prison in 2005 for 3 felony charges, including kidnapping and strong arm robbery, according to SLED records. James Daniels' criminal history includes a sentence of 5 years in prison in 2005 for convictions on the same 3 felony charges as McKinley Daniels. In 2009, he was sentenced to 261 days in jail for possession of a weapon during a violent crime, according to SLED records. The men will likely go to trial in about a year, Richardson said. (source: myrtlebeachonline.com) MISSISSIPPI: Mississippi House proposes firing squad as execution method The Mississippi House wants to allow the state prison system to execute prisoners using a firing squad if officials decide lethal injection is too expensive or unavailable. The House amended Senate Bill 2237 Friday before passing it 80-39, sending it back to the Senate for more work. The measure makes secret the names of prison employees at an execution and the pharmacy providing lethal drugs. It also makes secret the names of family members of the prisoner or crime victim. First Amendment advocates say that measure unconstitutionally restrains free speech. Supporters say the measure protects those involved in executions from harassment by people who oppose the death penalty. Attorney General Jim Hood has asked lawmakers to approve alternate execution methods including the firing squad, electrocution and the use of nitrogen gas. (source: Associated Press) KENTUCKY: Circuit judge sets trial date for 3 charged in student's shooting death Circuit court judge Ernesto Scorsone set a trial date for the 3 individuals charged with the April 2015 shooting death of Kentucky Kernel photo editor and UK student Jonathan Krueger. The trial is set to begin March 6, 2017, and will run for about 4 weeks. A status hearing is scheduled for June 3. Justin Delone Smith, Efrain Diaz Jr. and Roman Gonzalez Jr. are charged with murder and 1st-degree robbery. Smith was also charged with tampering with physical evidence, and fleeing and evading police. All 3 individuals claim to be involved with the Ambrose street gang, according to police. Police said Krueger was killed at about 2 a.m. on April 17 when he was walking home on East Maxwell Street with friend Aaron Gillette. Police said a red or maroon van with a sliding door pulled up to them, and 2 individuals exited the vehicle with handguns. Police found Krueger's body lying in the street upon arrival. He was killed by a gunshot to the chest, according to the Fayette County coroner. On Feb. 5, Scorsone denied bail for Smith and Diaz Jr. because they could face the death penalty if convicted. Scorsone set Gonzalez's bail at $1 million because Gonzalez Jr. was a minor at the time of the crime and is facing life in prison, not the death penalty. (source: kykernel.com) From rhalperi at smu.edu Sat Mar 26 08:11:00 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Sat, 26 Mar 2016 08:11:00 -0500 Subject: [Deathpenalty] death penalty news----ILL., KAN., NEB., IDAHO, CALIF., USA Message-ID: March 26 ILLINOIS: Eduardo Lopez's "Natural Life" Vivifies a Condemned Woman F. Scott Fitzgerald's observation that there are no second acts in American life has been refuted by innumerable comebacks of business titans, celebrities, politicians, and sports figures. Now, thanks to playwright Eduardo Ivan Lopez, Guinevere Garcia, who is none of those, is enjoying a third act through the world premiere of his off-Broadway play "Natural Life," at the T. Schreiber Theatre through April 2. Garcia's 1st act was the misfortune of having been born Guinevere Swan into a poor and horrific Illinois family. By age 5 she was serially abused by an uncle; at 14 she was a street prostitute; and at age 21, she walked into a police station to confess that she had murdered her child, Sarah, and began serving a 10-year jail sentence. Garcia's 2nd act began in 1994 when she was convicted of murdering her violently abusive husband, George Garcia, who unfortunately happened to be the brother of the chief of police of Cicero, Illinois. After a botched defense by a court-appointed neophyte lawyer, she was sentenced to death by lethal injection. Thus began a death penalty case that drew the attention of Bianca Jagger and Amnesty International, who petitioned for a commutation of the sentence from then Illinois governor Jim Edgar. The only problem? Garcia wanted nothing to do with their help. She wanted the state to put her to death and conveyed that through a close relationship with Carol Marin, a reporter and anchor for a local Chicago news station. Garcia's 3rd act, as the thinly-veiled protagonist of "Natural Life," was seeded when Lopez became aware of the story in 1999 at an event in Pittsburgh at which Marin was honored with the Marie Torre Award. The award is named for the heroic newscaster and mother of Roma Torre, the present NY1 anchor and Lopez's spouse. "I was fascinated by the story and I asked Carol Marin to put me in touch with Guin," recalled Lopez, an ex-Marine and author of several successful plays including "Lady With a View," "Spanish Eyes," and "Fireflies." After an initial 4-hour meeting, the playwright won over a skeptical Garcia, who agreed to cooperate on only one condition: The collaboration had to be kept secret as it was against prison rules. >From his correspondence with Garcia, which continues to this day, Lopez has created a fascinating portrait of 2 women in "Natural Life": One, now named Claire, is a battered woman who has consistently drawn an unlucky hand; the other, Rita, is a well-heeled and professional news reporter inexorably drawn into the life of her subject. While in real-life Marin remained objective as she reported on the story, Rita becomes an advocate for Claire, one of the few liberties taken by Lopez in what is essentially a docudrama. "I told Guin that I wasn't out to champion her cause," said Lopez. "But I soon realized that she was bright, and smart, and a good person who'd had some tough breaks. People do horrendous things but she was still a human being and I wanted to tell that other side of her." That humanity and empathy comes through in a 1st-rate production, directed by Jake Turner and starring Holly Heiser as Claire and Anna Holbrook as Rita. Most absorbing is how Lopez manages to interweave 3 different strands: Claire's harrowing back story; the satiric machinations of a newsroom fighting for ratings; and a political hot potato that has a governor worried about his re-election as he weighs a tough-on-crime reputation versus being responsible for the 1st state execution of a woman in 50 years. "Edgar did commute Garcia's sentence to life imprisonment," said Lopez. "And lost his re-election." As in the play, Garcia became despondent after the commutation and shortly thereafter tried to take her life by slitting her wrists with a broken light bulb. However, as she lay bleeding in her cell, she called for help. "She had become religious and was convinced that she was committing an act against God," said Lopez. "It was O.K. to be executed by the state but not to take your own life." Now 57, Garcia is a model prisoner, said Lopez, who has studied law and has helped her fellow inmates. She is currently sentenced to remain incarcerated to the end of her natural life. The playwright said that if Garcia could petition for anything, it would be to be given a term sentence, whether it be 5 years or 50 years. "Whether it's out of reach or not, it gives her a simple hope," said Lopez. "That's all she wants now. Hope." (source: blouinartinfo.com) KANSAS: Quadruple homicide trial----Attorneys prepare for death penalty phase with 2nd voir dire Maban Wright, defense attorney for Kyle T. Flack - who is convicted of capital murder and other charges in relation with 4 spring 2013 killings west of Ottawa - references an exhibit submitted as evidence relating to DNA found on a 12-gauge shotgun used in the murders during her closing arguments Wednesday morning at the Franklin County District Court. Stephen Hunting, Franklin County attorney and lead prosecutor in Ottawa's ongoing murder trial, holds up a 12-guage shotgun presented as evidence to the jury during his closing arguments Wednesday morning at the Franklin County District Court, 301 S. Main St., Ottawa. 1 at a time, jurors were called into the courtroom and asked their stance on sentencing Kyle Flack to death. Probing concluded after about 3 hours Thursday with the judge excusing 1 juror who was overwhelmed by the evidence from the 11-day trial in Franklin County District Court, 301 S. Main St., Ottawa. "The image of the little girl is what has me," 1 of 12 jurors said. Flack was convicted Wednesday of capital murder in the death of a mother and her 18-month-old daughter. He was also convicted of 2nd-degree murder and 1st-degree murder in the deaths of 2 men as well as criminal possession of a firearm. The jurors' answers were enough for Timothy Frieden, Flack's leading defense attorney, to request the 1 juror be dismissed for leaning too much toward potentially imposing the death penalty before hearing evidence during the 2nd phase. "It would take some really extenuating circumstances for me to change my mind," the 7th juror said. The 2nd voir dire is said to be the 1st of its kind in Kansas litigation. It preceded the penalty phase, which is required by Kansas law to determine whether someone convicted of capital murder will be sentenced to life imprisonment or the death penalty. Franklin County District Judge Eric W. Godderz previously said the procedure would not be a waste of time if it helped the defense clarify Flack's chance at a fair sentence. Godderz posed5 questions - agreed upon in meetings with attorneys - to the impaneled jury. He started with, "Now that the defendant has been found guilty of capital murder, do you believe the death penalty should be imposed without any further hearing and consideration of any aggravating or mitigating circumstances?" The last question was, "Is there anything that you've heard during the trial including testimony, exhibits or arguments that causes you to have concern about your duties as a juror for the sentencing hearing in this matter?" Other questions touched on the prosecution's aggravators, including Flack's prior felony conviction for attempted 2nd-degree murder in 2005. Victor Braden, deputy Kansas attorney general, used his time to explain aggravators and mitigators, or the factors jurors will weigh based on life experiences to make up their minds. Mitigators could include Flack's childhood, mental health evaluations and a previous adjustment to prison, Frieden said previously. Frieden sought to know whether jurors could fairly consider a sentence of life without parole without him having to convince them. He said life imprisonment is the presumed sentence according to the law. "If 1 of the mitigators outweighs the aggravators, will you be able to vote for life without parole?" Jurors said they believed so, but Braden argued how could they know for sure without first hearing presentations. Out of the 12 jurors and 5 alternates, a few expressed it was difficult for them to answer the hypothetical questions. "If you ask them now, they can't answer because they want to see more," Braden said. Braden again objected to the process as well as excusing the juror. "Blazing a new trial here, judge," Braden said at the start. (source: Ottawa Herald) NEBRASKA: Hearing goes over last-minute details on eve of Garcia trial Another pretrial hearing was held Friday afternoon for Dr. Anthony Garcia, charged in 4 Omaha murders. The hearing included a review of how jury selection will be done when the trial start on April 4th. One hundred and twenty jurors will be called. A video orientation and slide show will be given with the judge's overview of how the death penalty works. Then they'll ask if anyone has objections to a court case that involved the death penalty. Judge Randall believes the death penalty still exists in Nebraska (the Legislature voted last May to override Gov. Ricketts veto of their vote to eliminate the death penalty, but a petition drive put the issue on the November general election ballot). Dr. Garcia is accused of murdering Thomas Hunter and Shirlee Sherman in 2008 and Dr. Roger Brumback and his wife Mary in 2013. Police believe Garcia sought revenge after doctors Brumback and William Hunter (Thomas' father) fired him in 2001. Also discussed was whether or not to exclude gun damage (a gun clip was found at Brumback house). Defense will file a motion that because damaged gun parts were found at the scene that were similar to ones Garcia owned, experts have told them these parts found are in most guns so they'd like the presentation of gun parts to be excluded as evidence. Another item of discussion is the defense claim that dogs can't smell specific human scents. An expert provided by the state who helped coordinate the deployment of OPD dogs in 2014 has evidence that they can and he is pointing to points at the scene that show these dogs did identify a path in the Brumback's neighborhood. Both sides meet again next Friday to do a walk-through of the chambers so they know where the trial will play out and the judge may rule then whether the gun evidence is admissible. (source: WOWT news) IDAHO: Renfro wants to avoid death penalty The man accused of killing a Coeur d'Alene police officer is now trying to avoid the death penalty. Jonathan Renfro's defense attorney filed a motion to take the death penalty off the table Friday. The Kootenai County Prosecutor's Office said it's a standard request in this type of case. Renfro is set to stand trial on a 1st degree murder charge in September. Renfro has admitted to police he killed Sergeant Greg Moore during a traffic stop in May 2015. (source: KREM news) CALIFORNIA: Fresno lawyer';s secret could lead to new trial for death row inmate For 2 decades, Keith Zon Doolin has been on California's death row, proclaiming his innocence in the shooting of 6 prostitutes in Fresno. But now a Fresno lawyer who has never represented Doolin wants to provide information that could save Doolin from the executioner. In a court declaration, attorney David Mugridge says his former client, Josefina Sonia Saldana, who committed suicide in 2001 after she was convicted of killing a pregnant woman, gave him information that could exonerate Doolin in one of his killings. If true, then Doolin deserves a new trial or his freedom, says his appellate attorneys, Robert R. Bryan and Pamala Sayasane of San Francisco. But Mugridge can't just tell what he knows. In general, attorney-client privilege continues even after a client has died. The protection covers communications between a client and his or her attorney in connection with legal advice. The U.S. Supreme Court tackled one aspect of it in 1998 when it ruled on Swidler & Berlin v. United States. The case arose from President Bill Clinton's firing of White House Travel Office employees. Vince Foster, the deputy White House counsel, had sought legal advice from attorney James Hamilton. 9 days after consulting with Hamilton, Foster committed suicide. An independent counsel investigating Clinton caused a grand jury to issue a subpoena for Hamilton's handwritten notes. But the nation's high court ruled that the attorney-client privilege survived Foster's death; therefore, Hamilton's notes did not have to be produced. The high court's ruling, however, did not tackle the sticky subject of whether a death row inmate's life is more important than the privilege. Brenda Gonzalez, press secretary and community liaison for the California Department of Justice, which is representing the state in Doolin's appeals, said the agency does not comment on ongoing cases. 6 prostitutes shot in 10-month span Doolin, now 43, was a long-haul Fresno truck driver with no criminal record before he was sentenced to death row in San Quentin State Prison in 1996 for shooting 6 prostitutes between Nov. 2, 1994 and Sept. 19, 1995. Inez Espinoza and Peggy Tucker were killed. Alice Alva, Debbie Cruz, Marlene Mendibles and Stephanie Kachman were seriously wounded. In January 2009, the California Supreme Court upheld Doolin's death sentence, ruling that each surviving victim identified Doolin as her assailant, and ballistics evidence established that Doolin's Firestar .45-caliber handgun was used to kill Espinoza and Tucker. Doolin also was linked by shell casings found at Espinoza's and Kachman's crime scenes, the high court's ruling says, and tire impressions at Mendibles' and Espinoza's crime scenes were similar to the tread on his truck tires. Mugridge's declaration involves the killing of 27-year-old Tucker, who was shot during the night of Sept. 19, 1995. Court records say her body was found in an alley behind Saldana's home on South Grace Street, north of Church Avenue and east of Golden State Boulevard. In an interview this week, Mugridge said Doolin's legal team began asking him about Saldana's connection to Tucker in late December or early January. He gave them his declaration on Feb. 4. In it, he says, "I have struggled about what to do with this predicament. As an attorney who has practiced for many years, I strongly believe in the rule of law. However, I also believe in doing what is right, and that includes doing whatever I can to ensure an innocent man is not wrongfully executed." But there was a caveat: Mugridge said he told Sayasane and Bryan that he was "bound by attorney-client privilege from disclosing how I came upon this information or the nature of the evidence." The only way he would divulge the information is "if a court directed me to do so," he said. "If the court says yes, then I will hand it over to them," Mugridge said. "If the court says no, I will take it to my grave." Saldana testified in Doolin's trial Court records say Saldana, using the name Josefina Sonya Hernandez, testified in Doolin's trial in Fresno County Superior Court that she heard dogs barking, a gunshot and a loud voice saying: "Oh, my God, oh, my God." However, she did not call police, according to her trial's transcript. 2 years later, Saldana was arrested and charged with killing Margarita Flores, who was e8 months pregnant. Police say Saldana lured Flores from her Fresno home with a promise of free baby furniture and diapers. After killing Flores, Saldana dismembered the body and scattered it in Southern California and Tijuana, Mexico. I never had a chance. Keith Zon Doolin about his trial Saldana was arrested after bringing Flores' dead fetus to the hospital. Her alleged accomplice, Serafin Rodarte, 55, hanged himself inside a tiny room at Saldana's home on Sept. 22, 1998. His suicide note said: "She made me do it." Saldana, 43, also died by hanging. She was found dead in her jail cell in March 2001, leaving behind a red-lettered proclamation of innocence. "Fresno, may God forgive you," Saldana wrote in lipstick on the wall. Another lipstick message addressed her 2 daughters: "Babies, I am no murderer. I love you." There was other evidence presented at Doolin's highly publicized trial. Prosecutor Dennis Cooper accused Doolin of picking up women for sex and then shooting them. Cooper also introduced evidence that Doolin once told an acquaintance that "prostitutes are dirty, sleazy and cheap and someone should remove them from Earth," according to court transcripts. In addition, prosecution witnesses portrayed Doolin as a man who hated women because of a troubled relationship with his mother. But Doolin testified he loved his mother. He denied shooting anyone. He testified he was out of town or with relatives when the shootings happened. Arguing for a new hearing Bryan and Sayasane say Doolin has other valid legal reasons to ask for a new trial. During his trial, Doolin complained to the judge, saying his court-appointed attorney, Rudy Petilla, was ill-prepared to mount a defense. Court records say Doolin asked trial judge James Quaschnick 3 times to replace Petilla, but the judge denied his motions. "Of the many murder cases I have handled, the most troublesome are those involving innocence or an inept trial lawyer. In the Doolin case, we have both."----Robert R. Bryan, appellate attorney for Keith Zon Doolin And on the day of the sentencing, Fresno attorney Katherine Hart appeared pro bono for Doolin, armed with declarations, legal motions and the transcript of a bankruptcy hearing that showed Petilla had committed fraud by borrowing money to finance his severe gambling habit, court records say. But Quaschnick denied Hart's request without explanation, court records say. Quaschnick said Friday that Doolin received a fair trial and that the California Supreme Court concurred and has denied a lot of Doolin's issues. Doolin himself apparently knew something was amiss during his trial. Before he was sentenced to death, Doolin called The Bee, saying he wanted the death penalty - not because he wished to die but because he believed it was his only way get top-notch lawyers to defend him. A death sentence would guarantee him automatic appeals and representation by some of the state's finest lawyers, he explained. A life sentence would not. "I never had a chance," Doolin, then 23, said by telephone from the Fresno County Jail. Questioning the defense In seeking a new trial, Doolin's appellate lawyers first challenged Fresno County's method of paying private defense attorneys $40,000, $60,000 or $80,000 in death penalty cases, depending on the complexity. The amounts were set in an effort to hold down runaway costs associated with death penalty cases, court officials said. From that money, the lawyers had to pay for investigators and experts, as well as their own expenses. To get the county contract, Petilla promised to spend $60,000 on investigators and expert witnesses and keep the remaining $20,000 as his retainer, court records show. But when court officials tallied the expenses after Doolin's conviction, they found that Petilla spent less than $9,000 on investigators and experts and kept $71,000 for himself. Typically, death penalty cases take years before going to trial, and tens of thousands of dollars are spent on investigations and expert witnesses, according to Fresno lawyers who have litigated them. But court records say Petilla did Doolin's preliminary hearing within 2 weeks of his appointment and took it to trial within 60 days of the preliminary hearing. The records also say Petilla was in bankruptcy proceedings stemming from huge gambling debts only months before he accepted Doolin's case. He resigned from the California Bar in 2004 after allegations of misconduct in another case. Petilla died in December 2013 at age 73. In their 2009 ruling, the Supreme Court justices agreed that paying a flat rate could cause attorneys to skimp on investigative services and expert witnesses. But Justices Ronald George, Marvin Baxter, Ming Chin, Carlos Moreno and Carol Corrigan rejected Doolin's appeal, ruling that "a mere possibility for misconduct is insufficient" to grant a new trial. Dissenting Justices Joyce Kennard and Kathryn Werdegar said Fresno County's payment method gave lawyers incentive "to spend as little as possible on the defense ... to pocket more money." "That is what happened here," the 2 justices wrote. Fresno County no longer uses this payment plan; expenses for investigators and experts come out of a separate fund. After the high court's ruling, Doolin's appellate lawyers attempting to get a new trial continued to criticize Petilla but also challenged the prosecution's evidence. In Doolin's October 2011 petition to the California Supreme Court, appellate lawyers say Petilla failed to hire a ballistic expert to challenge the firearm testimony, which they claim lacked a scientific basis and therefore was unreliable and subjective. Petilla also didn't retain an expert to help him challenge the state's tire tread analysis or an expert on the reliability of eyewitness testimony since the surviving victims were high on heroin or other street drugs when they were shot, the appellate lawyers say. In addition, Petilla failed to investigate whether another person had shot the victims. Blue eyes, brown eyes In January 2015, Bryan and Sayasane took over the representation of Doolin. 13 months later they sent to the Supreme Court newly discovered evidence to the 2011 petition that includes Mugridge's declaration and other evidence, such as Kachman telling police another man may have shot her, and Saldana's potential link to another killing - the June 1993 fatal shooting of Fresno prostitute Natalie Carrasco, whose body was discovered outside Saldana's home. According to the 2016 supplemental petition, two weeks after Kachman was shot, police showed her several thousand photographs of suspects. Kachman then picked the photograph of a man who resembled Doolin. Kachman also told police that her assailant had blue eyes. The man she picked had blue eyes. Doolin has brown eyes. I have struggled about what to do with this predicament. Fresno defense lawyer David Mugridge, who says he has information that could save Keith Zon Doolin from the executioner - but so far is legally bound not to provide it The petition also says Saldana went to Carrasco's funeral and became friends with her mother, Becky Carrasco. An unnamed Fresno police detective suspected Saldana had killed Natalie Carrasco, so the detective asked Becky Carrasco to "try and persuade Ms. Saldana to confess to her daughter's murder," the petition says. But before Carrasco could ask, Saldana committed suicide. Bryan and Sayasane say the new evidence proves Petilla's defense was inadequate; he only called 2 expert witnesses to testify on Doolin's behalf to establish his guilt or innocence. In the penalty phase, which determined whether Doolin would receive the death penalty or life imprisonment, Petilla called 1 witness and submitted Doolin's school records, court records show. It is unclear when the federal court in Fresno will rule on Doolin's 2011 petition for a new trial or whether it will rule on the appellate lawyers' request to order Mugridge to divulge the information he got from Saldana. But Sayasane and Bryan say it would be a travesty of justice to keep Doolin on death row and not give him a new trial. "Of the many murder cases I have handled, the most troublesome are those involving innocence or an inept trial lawyer," said Bryan, who has been practicing law since 1978. "In the Doolin case, we have both." (source: Fresno Bee) *************** Jurors split on death penalty in mid-Wilshire slaying case of MTV music coordinator Jurors indicated they were split Friday on whether to recommend a death sentence or life in prison without the possibility of parole for a man convicted of the robbery-motivated murders of an MTV music coordinator and another man killed about a week apart in Los Angeles, but a judge told them to return to court to continue their deliberations. Los Angeles Superior Court Judge Stephen A. Marcus noted that jurors sent out a note indicating that they were "unable to come to a unanimous decision" on what sentence to recommend for Jabaar Vincent Thomas and questioning whether life in prison without the possibility of parole is automatic if they don't reach a decision on the 31-year-old defendant's fate. The jury's foreman told the judge that the panel's 1st vote in the penalty phase was 6-6, the 2nd vote was 7-5 and the 3rd vote was 8-4, without indicating which way jurors were leaning after about 1 1/2 days of deliberations. "I'm going to ask you to come back tomorrow and try 1 more time," the judge said, urging jurors to "get a good night's sleep." Marcus told jurors that he was not pressuring them to reach a verdict and explained that the sentence Thomas would face if they deadlock was "not for your consideration." Thomas was convicted March 11 of the May 8, 2011, murder of Gabriel Ben-Meir, a 30-year-old MTV music coordinator, near his mid-Wilshire apartment building and the April 30, 2011, shooting death of Marcelo Aragon, a 35-year- old father of 2, in the Pico-Union area. The same panel convicted him of 2 counts of 1st-degree murder and found true the special circumstance allegations of murder during the commission of a robbery or attempted robbery involving both victims and multiple murders, along with allegations that Thomas personally and intentionally discharged a shotgun. Thomas also was convicted of 5 counts of robbery - 1 involving the attack on Ben-Meir - and 3 counts of attempted robbery - 1 involving the attack on Aragon - and 1 count of possession of a firearm by a felon. Jurors deadlocked on a 6th robbery charge. The crimes occurred between April 29 and May 10, 2011. Deputy District Attorney John McKinney urged jurors Tuesday to recommend that Thomas be executed for the "cold-blooded executions" of "random strangers." "Both of these victims were executed without provocation," the prosecutor said in his closing argument, noting that Thomas had been released on parole from prison less than five months earlier for possession of a sawed- off shotgun. Thomas interrupted the prosecutor's closing argument, yelling that he was "tired of sitting here and having my name slandered for something I didn't do." The judge warned Thomas outside the jury's presence not to make any more statements. 1 of Thomas' attorneys, Keith Bowman, told jurors Wednesday, "You've already dealt justice ... A life penalty for Mr. Thomas is not a pass." Thomas' lawyer told the jury that it was the defense's belief that life imprisonment is "the appropriate sentence and death is not." At a hearing today before jurors were brought back into the courtroom, Thomas said he did not want to be in the courtroom after the judge agreed that some kind of restraints should be placed on his hands - though they could be covered - as a result of an alleged threat to a sheriff's deputy in jail. Marcus noted that Thomas had also brought 5 razor blades to the courthouse and been able at another point to "slip out" of his chains while in jail. 1 of Thomas' attorneys, James Banks, argued against the restraints, telling the judge that his client "has not had any problems here within the confines of the court." He said it would be prejudicial if the jury saw Thomas shackled. "He's left me no choice," the judge said. Thomas responded, "That's not going to work, your honor" before being led to a courtroom lockup where he was to listen to the proceedings. Marcus told jurors not to consider Thomas' absence from the hearing. (source: lawesltmedia.com) USA: Feds oppose public defender's request to withdraw from Rodriguez case Federal prosecutors in Fargo are strongly opposed to a request by defense attorneys to withdraw from the death penalty appeal of Alfonso Rodriguez Jr. The Minnesota Federal Public Defender's office and two additional court-appointed attorneys have asked a federal judge to take them off the case. They say the switch is needed because of staffing changes in both the federal system and the Minnesota office. Rodriguez is on death row for the 2003 murder and kidnapping of University of North Dakota student Dru Sjodin. In court documents, the U.S. Attorney's office says changing defense lawyers would postpone the case for at least a year and impose a burden on the Sjodin family. They say there's no valid reason for a substitution, which could be seen as a "disguised delay tactic." If the defense request is approved, Rodriguez's appeal would be transferred to a federal public defender's office in Pennsylvania, which has extensive experience in death penalty cases. (source: KFGO news) From rhalperi at smu.edu Sat Mar 26 08:11:43 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Sat, 26 Mar 2016 08:11:43 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 26 MALAYSIA: Waytha questions why the rush to execute 3 last Friday Hindraf Makkal Sakthi, an ad hoc apolitical human rights movement, has urged the government to put in place a moratorium for all pending executions until it introduces a Bill in Parliament to abolish capital punishment in totality. "This has been assured by the de facto Law Minister and the Attorney-General." Hindraf Chairman P. Waythamoorthy was expressing shock over the execution of 3 individuals by the authorities on Friday morning and condemned it. "The hastiness in the execution of these 3 individuals raises many questions." "It was arbitrary. It was an uninformed method of execution by the Prisons Department." Waytha, a human rights advocate and senior lawyer in private practice, could not understand why there was a rush to execute the 3 individuals. "They were only sentenced in 2011 and their Federal Court appeal was dismissed in 2014, not so long ago." The Hindraf Chief pointed out that there are currently over 1,022 persons on death row and the Prisons Department had stated, according to the Death Penalty Worldwide Report, that no execution had been carried out since 2013. "More than 50 % of these estimated 1,022 persons facing the gallows have been waiting for their execution for more than 5 years." Hence, he said, Hindraf was perplexed why the three individuals were "specifically targeted" for execution. "We can question the criteria used by the authorities to select who should be hanged." Again, he argued, the decision by the authorities was wrong and conflicts with the statements and indications given out to the public by the government , more recently by the de facto Law Minister and the Attorney-General. He reiterated that it was therefore shocking the government apparatus was going against its intentions by executing the 3 individuals hastily, more so when they have only recently exhausted their final appeal. He has been left wondering what the real intentions were in executing the trio "hastily". "There could be other motives behind this." Waytha referred to several statements from the government on capital punishment. The Minister in the Prime Minister's Department and de facto Law Minister, Nancy Shukri, was reported by The Star Online on 17 November 2015 as saying that the government intends to abolish the mandatory death sentence, in particular for drug related offences, and said that punishment should be left to the discretion of the Judge. The amendments to the law was supposed to be tabled at the next sitting in March 2016. In the same statement, the de facto Law Minister also said she does not believe that death sentences are effective in curbing crime. She added that "we need to find other ways like education, motivation or something else". Earlier, on 13 November 2015, Attorney-General Mohd Apandi Ali said he would propose to the Cabinet that the mandatory death penalty be scrapped. He said mandatory death sentences were a "paradox" as it robbed judges of their discretion to impose sentences on convicted criminals. These statements show that there's intention on the part of the government to abolish the death penalty, said Waytha who was briefly in the Federal Cabinet not so long ago and in the Senate. (source: freemalaysiatoday.com) IRAN: Amnesty fears teenage offender to be executed in Iran soon A young Iranian man, Himan Uraminejad, on death row in Iran for an offence carried out when he was a child, has been told that he will be executed soon after 1 April, Amnesty International has warned. "Himan Uraminejad was sentenced to death in August 2012 after he was convicted of murder over the fatal stabbing of a boy during a fight, when he was 17," the international human rights group said in an Urgent Action alerting its members on Thursday, March 24. Himan is now aged 21, and on death row in Sanandaj's Prison, western Kurdistan Province, where he has been told he will be executed after the Iranian New Year holiday period ends on 1 April, Amnesty said. He was retried by Branch 9 of the Provincial Criminal Court in Kurdistan Province in June 2015, and sentenced to death again. "In its ruling, the court ignored the absolute prohibition, in international law, on using the death penalty against people who were under 18 at the time of the crime, and the fundamental principles of juvenile justice that require all those under 18 years old be treated as children," Amnesty said. His sentence was confirmed by the regime???s Supreme Court in November 2015. "The judicial proceedings that led to Himan Uraminejad's conviction were unfair. He admitted stabbing the victim during the interrogations, which were conducted without a lawyer present. He is believed to have been tortured while he was held in a police detention centre (agahi): this included severe beatings that apparently left scars and bruises all over his face and body. His trial was held before an adult court, without special juvenile justice protections. No investigation is known to have been carried out into his allegations of torture and other ill-treatment," the group's Urgent Action added. "As a state party to the Convention on the Rights of the Child (CRC), Iran is legally obliged to treat everyone under the age of 18 as a child. This is different from the minimum age of criminal responsibility, which is the age below which children are deemed not to have the capacity to break the law. This age varies between countries, but it must be no lower than 12 years, according to the UN Committee on the Rights of the Child." "The minimum age of criminal responsibility in Iran has been set at nine lunar years for girls and 15 lunar years for boys. From this age, a child who is convicted of crimes that fall in the category of hodud (offences against God carrying inalterable punishments prescribed by Shari'a law) or qesas (retribution-in-kind connected with a criminal act), is generally convicted and sentenced in the same way as an adult." "Amnesty International has recorded at least 73 executions of juvenile offenders between 2005 and 2015. According to the UN at least 160 juvenile offenders are now on death row. Amnesty International has been able to identify the names of 49 of these juvenile offenders, some of whom have been on death row for over a decade," the Urgent Action added. (source: NCR-Iran) From rhalperi at smu.edu Sun Mar 27 09:56:16 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Sun, 27 Mar 2016 09:56:16 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, GA., FLA., MISS., TENN. Message-ID: March 27 TEXAS: Driver Faces Murder Charge in Officer's Death A driver is facing a capital murder charge after police said he intentionally hit and killed an El Paso motorcycle officer in a crash earlier this month. The car's driver, John Paul Perry, a 45-year-old convict allegedly linked to the Barrio Azteca prison gang, was arrested Wednesday near Abilene in connection with the death of Officer David Ortiz. Jail records show that Perry was booked into the El Paso County Jail on Thursday evening on charges of capital murder and unauthorized use of a motor vehicle. On March 10, Ortiz was on his police motorcycle stopped at a red light when he was struck from behind by a Kia Optima driven by Perry at Lee Trevino and Vista Del Sol drives. Ortiz died from his injuries at a hospital March 14. Perry was arrested Thursday in Merkel, a small town along Interstate 20 just west of Abilene, authorities said. El Paso Police Chief Greg Allen said at a news conference that an investigation found that Perry "deliberately and maliciously killed the officer." When a reporter referred to Perry as a "gentleman," Allen responded, "He's not a gentleman; let's get that fact straightened out right now. People who kill other people are not gentlemen." The crash was initially believed to be an accident, but El Paso police officials said that an investigation involving the Texas Department of Public Safety and police in Abilene and Merkel determined that the crash was allegedly intentional. An El Paso police news release stated that "it has been learned that Perry observed the officer and made a decision to drive his vehicle into the police motorcycle which ultimately led to the officer's death." The case was initially being handled as an accident by the police Special Traffic Investigations Unit until police learned that that the crash was allegedly deliberate and homicide detectives with the Crimes Against Persons Unit joined the investigation. Because the investigation continues, police officials would not disclose what information led investigators to suspect the crash was done on purpose nor offer a possible motive. Perry was also injured in the crash. After being released from a hospital, Perry was arrested March 12 on traffic warrants unrelated to the fatal crash, according to El Paso County Jail records. He was released from jail a day later with time served. On Wednesday, El Paso police detectives traveled to Merkel and took part in the arrest of Perry, who possibly has family in the area. Perry was booked into the Taylor County Jail. A jail log shows that by Thursday afternoon Perry had been released to another agency. Texas Department of Public Safety Regional Cmdr. Carey Matthews said at the El Paso news conference that the DPS assisted with aircraft and "transportation, coordination and surveillance" in the investigation. Perry was flown back to El Paso on a DPS aircraft Thursday. The El Paso District Attorney's Office said that the case is a potential death penalty case because it involves the death of a law enforcement officer. Capital murder is punishable by execution or life in prison. El Paso County court records show that Perry has a criminal history, including convictions for aggravated assault against a public servant, robbery, assault and aggravated assault with a deadly weapon in a gang beating in 2013. In the 2013 beating, court documents allege Perry was a member of the Barrio Azteca, a notorious cross-border prison gang allied with the Juarez drug cartel. Richard Rene "Cricket" Espino, who was arrested with Perry in a gang beating in 2013, was among 17 gang members and associates sentenced last month in a federal racketeering case targeting the Barrio Azteca.M Because the investigation continues, authorities would not comment on whether the crash that killed Officer Ortiz is believed to be linked to gang activity. It was not disclosed whether Ortiz was specifically targeted. (source: El Paso Times) GEORGIA----impending execution Violent childhood put Georgia man on path to death row Joshua Bishop was 19 when he began his short journey to Georgia's death row. He seemed to be headed in that direction all along, authorities say. "I'm not going to say I'm surprised he killed 2 people," said Baldwin County Sheriff Bill Massee. "I was disappointed that life had brought him to the place where he killed 2 people ... in such a horrific way." Bishop, 41, is scheduled to die by lethal injection on Thursday for beating a man to death with a curtain rod. He had killed another man earlier and, with an accomplice, bent his limbs in unnatural directions to make his body fit into a makeshift grave. The day before the scheduled execution, the state parole board will hold a clemency hearing. In 1994, Bishop killed Ricky Lee Wills and 35-year-old Leverette Morrison just 2 weeks apart. "We were called early one morning to the scene where we found Leverette Morrison's body," Sheriff Massee said. "By early evening we had made 2 arrests in this case, one of which was Josh Bishop." Bishop and his co-defendant, Mark Braxley, both quickly admitted to the murders. Despite confessing, Bishop went to trial and was sentenced to death. Braxley, however, pleaded guilty and was sentenced to life with the possibility of parole. According to family members, Bishop was steeped in violence, alcoholism and drug addiction from the day he was born. When Leverette and Wills were murdered, Bishop had been living under a bridge with his mother, an alcoholic and drug addict who sometimes prostituted herself. She was heard telling her son that men show their love with punches, slaps and verbal assaults. She knew a man loved her, she told her son, if he beat her. Family members have said Joshua Bishop never escaped those influences. Sheriff Massee is sympathetic, but he also said Bishop deserves to be executed. "We've had many people who have been successful, productive individuals in their communities that had terrible home lives, and that's not an excuse," Massee said. "But I want to tell you Josh Bishop did have a terrible home life." Former sheriff's office Detective Richard Horn expressed similar sentiments in an affidavit attached to 1 of Bishop's appeals. "Given my knowledge of Bishop and his early environment, it is my opinion that he had little chance of success in life," Horn wrote. A failed plan to steal a car Bishop, Braxley and Morrison, who may have been Bishop's uncle, spent much of June 25, 1994, drinking - first at a Milledgeville bar and later at Morrison's trailer. Bishop and Braxley had a plan to take the keys from Morrison's pocket while he was asleep so they could steal his Jeep; Braxley wanted to visit his girlfriend. But Morrison woke when Bishop reached into his pants pocket, and the 3 began to fight. Bishop and Braxley used a car battery to knock down Morrison, and then Bishop set upon Morrison with the curtain rod. The 2 dumped Morrison's body between 2 trash bins, set fire to his car in nearby woods and then walked back to Braxley's trailer to clean up the murder scene. Bishop and Braxley, then 36, were in custody by sundown that day, and it was during the police interview regarding Morrison that investigators learned a 2nd man had been killed and buried in some woods near Braxley's trailer. They folded up Wills' body, twisting his legs into unnatural positions, so he would fit in the grave. "It was a very aggressive homicide," Massee said. "We not only had 1 very aggressive homicide. We had 2." Bishop said he killed Wills because Wills boasted about sexually assaulting Bishop's mother. 'Nothing good about his family' The details of Bishop's life reside in written statements, used in his appeals, from almost four dozen people, including some from Morrison's family. They described lives controlled by alcohol, drugs and physical and verbal abuse. Bishop's mother treated her 2 sons like "drinking buddies," wrote Barbara Cheeley, the boys' aunt. "This seemed to be the way she dealt with them best." No one connected to these murders - not even the victims - is a sympathetic character. "I had watched him as a juvenile, and he had issues," said Massee, who has been sheriff in the Middle Georgia county for almost 3 decades. "You will read nothing good about his family. If there is something good out there, I don't know about it." Carolyn Bishop was 17 when she gave birth to Joshua Bishop's older brother, Michael. Michael Bishop's father, Mike, was 14 years old when he married Carolyn. Joshua Bishop, however, never knew for certain who his father was. "Josh was almost obsessed with finding out who his daddy was," the brother wrote in an affidavit. "It was sad for me to hear Josh ask so many people while he was growing up who his daddy was. The answer was usually 'I don't know,' and this was really painful for him to hear." 'Drugs and liquor ruled Carolyn' Carolyn Bishop told her younger son that 1 of 3 men could be his father, most likely Albert Ray Morrison, who was Leverette Morrison's brother. "Many people say Josh is my son but I don't really know for sure," Albert Morrison wrote. "His mama, Carolyn, went with a lot of men, including me and Leverette." Albert Morrison said his dead brother had "problems with drugs as far back as I can remember. "I know Josh was charged with killing Leverette and received a death sentence for it," Albert Morrison wrote. "But Josh is the same people as me and Leverette. With all the drinking and crack going on, it could just as easily have been Josh who was killed as my brother." Joshua Bishop's maternal grandparents were moonshiners who were more interested in drinking than caring for their children, according to relatives' affidavits. It "turned out that Carolyn got the worst parts of both," wrote Allen Hartley, Carolyn Bishop's 1st cousin. Joshua Bishop first tasted alcohol at 4 and in just a few years was "huffing' chemicals like gasoline. Eventually, he was using cocaine and drinking with his mother. "If you spent much time with Carolyn you felt like you were living in a tornado," Mary Bass Fordam, Carolyn Bishop's older sister. "Carolyn loved a man that would fight with her. The drugs and liquor ruled Carolyn. It was the thing she wanted more than anything in life. "Carolyn's demons were big ones. They took control of her and made her an even more horrible person. Carolyn could say some horrible things to us and to her boys. And, the only time I could stand to be around Carolyn was when I was drunk." (source: myajc.com) FLORIDA: Despite new law, Florida's death penalty process flawed Florida has a new death-sentencing law to replace what the U.S. Supreme Court threw out 2 months ago. On balance, it's an improvement. Jurors must now identify, unanimously, any of the reasons - what the law calls aggravating circumstances - why a person they have convicted of a capital crime should die rather than serve life in prison. But it requires only 10 of the 12 jurors to agree that the defendant should die. That's better than the old law, which let as few as 7 recommend death and left the actual decision to the judge. The new law specifies life if there are not at least 10 votes for death. And the judge can still choose life even if the jury recommends death. So there should not be as many new death cases for the state Supreme Court to review. From 2000 through 2014, in nearly 1/2 the appeals it received, fewer than 10 jurors had voted for death. (The court affirmed most of those sentences.) That doesn't necessarily predict that jurors will continue voting the same way. Research suggests they'll be taking their decisions more seriously under the new law. The larger question is whether there will be any executions in the near future, if ever. 1 reason is that Florida remains an "outlier," as the lawyers put it, along with only Alabama and Delaware, in not requiring a unanimous jury recommendation. State prosecutors insisted on that, warning that a single "rogue" juror might prevent the execution of a notably loathsome killer. But in winning that battle, they may have lost the war. That hypothetical rogue juror could achieve the same result simply by refusing to agree to the finding of any aggravating circumstance. The 1st person condemned by less than a unanimous recommendation is sure to appeal on that issue. The law also makes semantic changes in how to weigh the reasons for and against execution, and those too will be grist for the appeal mill. Even if the law is upheld, it's doubtful the new sentencing process can be applied to the 389 people on death row, all of whom - excepting, perhaps, only those who pleaded guilty or waived jury trials - can claim that the U.S. Supreme Court's Jan. 12 decision in Hurst v. Florida calls for their sentences to be commuted to life in prison. Florida's old law left it to the judge to speculate on what aggravating factors the jury found. "The Sixth Amendment," Justice Sonia Sotomayor wrote for an 8-1 majority, "requires a jury, not a judge, to find each fact necessary to impose a sentence of death. A jury's mere recommendation is not enough." But that decision did not actually spare Timothy Hurst, who was convicted of murdering a restaurant co-worker in Pensacola. Instead, it was left to the Florida Supreme Court to decide whether the failure to respect the Sixth Amendment in Hurst's case - and by implication in all the others - was "harmless error." How could any violation of the Bill of Rights possibly be harmless? But that's the state's position. The state Supreme Court will hear oral arguments May 5. If the attorney general loses on the question of harmless error, the next issue will be on whether Hurst - and by implication all the others - should go before a jury again or be automatically resentenced to life. There's a serious issue as to whether the new law could be applied to any murder committed before it was passed. Then there???s the matter of a law the Legislature passed in 1972 on the hunch that the U.S. Supreme Court would strike down capital punishment nationwide - as it did a few months later. That law, still on the books, provided for life sentences for anyone on death row if capital punishment were declared unconstitutional. Following the U.S. Supreme Court decision that temporarily abolished the death penalty nationwide, life sentences were ordered for 90 men and one woman in Florida. Hurst's lawyers contend that the automatic commutation law applies just as much now as it did in 1972. Significantly, the Florida Supreme Court called last month for briefs on that issue. Florida executed 92 people - with nearly 400 still under sentence of death - under a law that emerged around dawn on Dec. 1, 1972, from the sleep-deprived members of a House-Senate conference committee who were eager to wind up a special session and go home. Although it was radically different from what either house had proposed, both passed it the same day with only 3 of the 160 members voting no. The fact that it took nearly 44 years for that law to be found unconstitutional goes to the fundamental difference between law and justice. Law is supposed to serve justice. But sometimes it interferes. In 2 earlier Florida cases, the U.S. Supreme Court effectively upheld what it has now found unconstitutional. \"Time and subsequent cases," Sotomayor wrote, "have washed away the logic." Neither of the defendants in those earlier cases was actually executed. But subsequent to their decisions, 80 others were. Think about that. Posterity will wonder, I am sure, why Florida has continued to perpetuate a practice that has been abandoned by most other civilized countries. (source: Martin Dyckman is a retired associate editor of the newspaper formerly known as the St. Petersburg Times----ocala.com) MISSISSIPPI: Death by firing squad, Miss. lawmakers want it as cheaper execution alternate The Mississippi House wants to allow the state to execute prisoners using a firing squad if officials decide lethal injection is too expensive or unavailable. The House amended Senate Bill 2237 Friday, which dealt with making the execution process secret, passing it 80-39 and sending it back to the Senate for more work. The Louisiana Supreme Court has delayed the planned execution of a man convicted of beating and stabbing a 71-year-old woman to death while robbing her home in 1997. The court agreed Wednesday to indefinitely postpone the March 14 execution date that a state judge had set for Daniel Blank. Blank's attorney, Gary Clements, says it was "totally premature" to... Attorney General Jim Hood asked lawmakers earlier this year to approve alternate execution methods including the firing squad, electrocution and the use of nitrogen gas. Those measures had not, until Friday, passed either chamber. Rep. Robert Foster, R-Hernando, said afterward that the firing squad is a more humane, effective and less costly option than lethal injection. He said he thinks the vast majority of Mississippi residents would support an optional firing squad. "It's been one of the more common practices through history," he said. "It's very instant and about as humane as you can get while performing an execution in my personal opinion." Death penalty opponents called the move "barbaric." Jim Craig, a lawyer who has sued Mississippi over its current method of execution by lethal injection, noted lawmakers voted on the afternoon of Good Friday, the time when Christians believe Christ was crucified. "It's very instant and about as humane as you can get while performing an execution in my personal opinion." "I find it frankly disgusting that in the week we're commemorating the execution of Jesus of Nazareth, the Mississippi Legislature is so devoted to vengeance that they want to bring Mississippi back to the 19th century," Craig said. Utah is the only American state that has executed someone by firing squad since the resumption of the death penalty, said Robert Dunham, executive director of the Death Penalty Information Center. That nonprofit organization opposes executions and tracks the issue. Utah has killed 3 men by firing squad, the most recent in 2010. Other states have begun adopting alternate methods of execution to be used if lethal injection is ruled unconstitutional or a state can't obtain drugs. Oklahoma would use either electrocution or firing squad. Wyoming would use the gas chamber. Tennessee would use electrocution. Other parts of the bill make secret the names of prison employees at an execution and the pharmacy providing lethal drugs. The measure also bars anyone, including news reporters, from discussing names of relatives of the prisoner or crime victim who attend an execution without their permission. First Amendment advocates say that measure unconstitutionally restrains free speech. "There are severe implications for First Amendment rights attached that legislators either did not understand or disregarded outright," said Layne Bruce, executive director of the Mississippi Press Association. The Mississippi Supreme Court heard arguments in November, but hasn't ruled, on Craig's lawsuit that seeks to compel the Mississippi Department of Corrections to disclose information about its execution procedure and the supplier of execution drugs. A lower court judge ruled for disclosure in March, but the information has remained secret during appeals. Hood has said prison employees have refused to work on the execution team because of fears about retaliation. He's also said pharmacies should be free from "strong-arm tactics" by death penalty opponents. Craig disputes claims that any person or business has been threatened. The state has introduced no specific evidence of threats in court. (source: Associated Prtess) ************ House approves execution by firing squad The Mississippi House, working late on Good Friday, voted to allow executions to be carried out by firing squad if the drugs needed to carry out lethal injections could not be obtained. Freshman Rep. Robert Foster, R-DeSoto, offered the amendment to allow firing squads to be used to legislation that was designed to keep secret the identities of the suppliers of the execution drugs, members of the execution team and members of the victim's and killer's family. The amendment passed 70-39. Then the overall bill passed 80-39. The proposal now goes back to the Senate, which can accept the House changes to the proposal or to invite conference to try to work out the differences. House Judiciary B Chair Andy Gipson, R-Braxton, who supported the Foster amendment, said Utah and Oklahoma had similar provisions in its death penalty laws. The bill, itself, already was controversial. Some members questioned keeping aspects of an execution secretive. "If there is anything the government does that should be transparent, it is legally killing someone,' said Rep. Trey Lamar, R-Senatobia. But Rep. Joey Hood, R-Ackerman, said both Republican Gov. Phil Bryant and Democratic Attorney General Jim Hood supported the legislation. Joey Hood said the bill was needed because efforts were being made by opponents of the death penalty to acquire the names of those involved in executions to make it more difficult to carry out the death penalty. He said about 20 states had similar laws. Rep. Jay Hughes, D-Oxford, asked about the fact that the bill included "a prior restraint" that makes it illegal for media outlets to reveal the information. "It is a balancing act," said Gipson when asked about prior restraint. "We feel we need to preserve the death penalty." Layne Bruce, executive director of the Mississippi Press Association, spoke against the bill. "The Association feels there is strong legal precedent to support our position that this bill involves issues of prior restraint, seriously undermining the rights of freedom of speech and freedom of the press," he said. "Further, we believe both the U.S. and Mississippi constitutions firmly establish the matter of prior restraint cannot be tolerated in our democracy. Both the U.S. and the state Supreme Court have affirmed this many times." Of the legislation, Attorney General Hood said earlier this session, "My reason for asking our lawyers to draft this bill was to protect the identities of the pharmacy and state executioner assisting the state in carrying out state law. "I have the utmost respect for the privacy right of victims, but I also recognize the constitutional concerns involved. We will work with the Legislature to address the concerns raised by members of the media in regard to the identity of execution witnesses." (source: djournal.com) TENNESSEE: Conservatives should oppose the death penalty Though support for the death penalty in the U.S. is the lowest it has been in 40 years, a majority of people still support the practice. However, a growing number of political conservatives are recognizing that the death penalty is a government program that doesn???t work. I understand the emotional appeal of the death penalty: Evil demands a strong response, and murder should be followed with swift and sure justice. Unfortunately, the death penalty system is never swift in executing death warrants, but is always costly and, occasionally, misguided. For these reasons, conservative legislators around the country are seeking to replace the death penalty with "death by incarceration," or life without parole. Nebraska, 1 of the country's most conservative states, repealed its death penalty last year, led by state Sen. Colby Coash (R). Sen. Coash, who spoke at an event hosted by Tennessee Conservatives Concerned About the Death Penalty (TNCC) in January, said he and the majority of his Republican colleagues sought to end this costly government program, not despite being conservative, but because they are conservative. 6 other states this year are considering repeal bills sponsored by Republicans, and Montana's House of Representatives carried a bipartisan bill to repeal the death penalty that came just 1 vote short in 2015. For many of these lawmakers, opposition to the death penalty is not based on moral or philosophical qualms with executions; it is their belief that the death penalty system is a bloated, broken government program that does nothing to make citizens safer or to provide legal finality to victims. Though the total cost of the death penalty in Tennessee is unknown, our neighbor North Carolina found that the death penalty costs its state $2.16 million per execution more than life without parole. A 2004 Tennessee report issued by the comptroller of the Treasury concluded that capital murder trials alone cost 48 percent more than trials that seek life without parole. With this high cost, we still fail to see outcomes, with only six executions in Tennessee since 1960 (the last one in 2009). At its peak, Riverbend Maximum Security Institution held 150 death row inmates; today, there are 66 death row inmates housed by the state of Tennessee. Through the constitutionally mandated appeals process, a number of death row inmates have had their sentences overturned, and at least four were found to be wrongfully convicted and were released. The leading cause of death on Tennessee's death row is not pentobarbital or the electric chair, but natural causes, with the average time spent on death row being 28 years. The death penalty system creates a dilemma for conservatives - how to bring swift and sure justice to victims' families while also ensuring an innocent person is not executed, and to do so in a cost-effective way. With such a flawed system, striking this balance is not possible, and Tennessee conservatives should call for moving away from the death penalty. Life without parole would allow the state to save money and redirect resources to police investigators, victims' compensation and mental health services. Tennessee Conservatives Concerned is leading the effort toward engaging conservatives in removing this broken system to better use the state's resources. (source: opinion; Amy Lawrence, a Tennessee conservative who has worked on numerous Republican campaigns, is the coordinator for Tennessee Conservatives Concerned About the Death Penalty (TNCC). Learn more about TNCC at www.tnconservativesconcerned.org.----The Tennessean) From rhalperi at smu.edu Sun Mar 27 09:57:36 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Sun, 27 Mar 2016 09:57:36 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 27 BANGLADESH: Condemned prosioner dies mysteriously in Ctg jail A young condemned prisoner died a 'mysterious' death in Chittagong Central jail on Friday afternoon. A day after his death, the jail authorities on Saturday said prisoner Abu Raihan, 25, who was sentenced to death by a court for killing a mother and her daughter in Agrabad's CDA residential area, died all of a sudden, reports news agency UNB. The authorities, however, could not cite any reason behind his death. Contacted, Chittagong Central Jail deputy jailer Jahedul Alam said they found Raihan dead in the jail. "We're now taking steps as the jail code in this regard." Asked about the reason behind his death, he declined to make any comment about it. According to the statement of the case in which Raihan, son of Chittagong district police Havildar Abul Bashar, and his accomplice Md Shahid were given the death penalty, the duo hacked to death Rezia Khatun, wife of C&F businessman Rezaul Karim, and her 16-year-old daughter Saima Naznin on 24 March 2014. Police arrested the duo 2 days after the incident as Rezia's husband Rezaul filed a murder case in this connection. On 1 October last year, a court here sentenced them to death. Raihan had been in the Chittagong Central jail since he was awarded the death sentence. (source: prothom-alo.com) INDIA: Capital Punishment Reflected in Indian Cinema A recent finding reveals that the death sentence in India is skewed against the poor. (Times of India, July 21, 2015). The findings are part of an on-going study conducted by the National Law University students with the help of the Law Commission currently engaged in a wider consultation with different stakeholders on the issue of death penalty and whether it should be abolished. The statistical findings spell out how interviews with 373 death row convicts over a 15-year period, shows that three-fourths of those given the death penalty belonged to backward classes, religious minorities and 75% were from economically weaker sections. How far is this true? How has Hindi cinema reflected the death sentence in its films? Has it been neutral about delivering the death sentence in democratic manner without bias? Or have films reflected the bias that exists against the poor in real life as the above study - the first one of its kind in the country, bears out? 5 films described below will surprise us with the way they reflect the bias that exists within the death sentence in real life. Mrigaya (1976) was a Hindi film set in a small hamlet in Bengal peopled by an adivasi tribe that barely ekes out a hand-to-mouth existence through hunting. It was based on Shikar, a short story by Oriya writer Bhagbati Charan Panigrahi. But Mrinal Sen said it was a story that could happen at any time, anywhere to anyone. Ghinua, a young Santhal, is a sharp archer and the Saahib or administrator favours him because he is fond of big game hunting. But during a fracas in the hamlet, Ghinua's wife is kidnapped by the moneylender. Ghinua kills the moneylender and rescues his wife. He then goes to the Saahib because the big game hunt is about to begin. But the Saahib sentences him to death. Ghinua is shocked because the same Saahib rewarded the police informer for killing Sholpu, a revolutionary from among the tribe. Till his death, Ghinua fails to understand why one man is rewarded for committing murder while he is sentenced to death. The Santhals are Dalits, extremely poor and illiterate too. Mithun Chakraborty won the National Award for his performance in this debut film. Aakrosh (1980) marked the directorial debut of cinematographer Govind Nihalani. Aakrosh is listed among the top 60 films that shaped the Indian film industry spanning 6 decades. Aakrosh forms a part of the series of works, based around explorations in violence, written by Vijay Tendulkar. Lahanya Bhiku(Om Puri) a tribal arrested for killing is wife Nagi (Smita Patil) though he did not kill her. She was gang-raped by the so-called educated elders of the small town and killed later. They found Bhiku an excellent scapegoat to arrest for a murder he did not commit because he was an untouchable, he was illiterate and he was poor. Though a young lawyer Bhaskar Kulkarni (Naseeruddin Shah) trying his first case appeals to him to tell him his side of the story, Bhiku's only response is with silence. It is an explosive silence that sends its echoes far and wide till he finally explodes. When he is brought to the crematorium to light his father's funeral pyre, he picks an axe and chops off his young sister's head to save her from the same treatment meted out to his wife. He knows that the sentence for two murders will be the same as one. He knows he will be hanged and his last act of rescue is to kill his sister. Massey Sahib (1985) was directed by Pradip Kishan and the main role was portrayed by Raghubir Yadav. It was an adaptation of Joyce Cary's novel Mister Johnson (1939). Francis Massey works as a clerk in the Deputy Commissioner's office in a small town in Central India in 1929. Despite his brown colour, his name gives him an attitude and he aspires to be like the colonial rulers. He tries his best to pander to the machinations of his boss Commissioner Charles Adam and indulges in machinations and manipulations of his own of which most are through illegal means and attract the label of corruption. But he is eager to please the big boss and when he is accused of corruption, his boss backs out of helping him. When his wife is taken back by force by her parental family, he requests his friend Banaji to help him fetch her back. But he refuses and he kills him in frustration on the spur of the moment. When he is arrested for Banaji's murder, Adams advises him to plead guilty to accidental manslaughter. But Massey refuses because he has full faith that Adams will save him in the end. Adams does not and Massey, a convert to Christianity, a poor and semi-educated man who believes he is of high birth by virtue of his name, is sentenced to death. Yadav picked up 2 international awards for his portrayal in the title role in his debut film. Many have forgotten Prakash Jha's Damul (1985) but it is one of the boldest films that seamlessly explored the casteist and capitalist politics in some pockets of rural India like Bihar. Through the unfolding of Damul, the viewer is almost continuously exposed to a series of audiovisual shocks. There is murder in cold blood, there are mass killings of defenseless people, sexual blackmail of a helpless young widow of high caste, the holding of an entire basti to ransom, gheraoing the basti to stop the residents from casting their votes, subjecting them to the mandatory repayment of debts they had never taken, forcing them to steal cattle for the landlord who leaves them to die if and when caught, but not at his doorstep. The final blow comes when Sanjeevana (Annu Kapoor), an innocent Harijan from the Dalit basti is sentenced to be hanged to death because he turned wise to the landlord's wicked ways. He had not committed any crime. Are these shocks deliberate? Yes they are. Are they incidental to the script? They are that too. They are meant to shock the viewer out of the cool cocoon of the comfort he is watching the film in. The camera captures the subtle nuances of the facial expressions in close-up, the atmosphere to place the situations in perspective in medium and long shots. The light in the Harijan basti is muted and natural - a glow here, a soft light there, the fiery flames consuming the basti and thereby heightening the credibility of the event or scene. The final shot shows the entire screen covered with a marbling effect coming from the blood-soaked palm of the zamindar, the camera moving in deliberate slow motion. The soundtrack is dotted with the humming of crickets at night and ordinary conversation in the day. The generous use of percussion instruments on the soundtrack, devoid of any song, raises the tension and underlines the drama. The editing is slick without any jerks and jars that the violence could have justified. "Damul" means hanging. Does the title refer to Samjeevana's death sentence brought about by the political manipulation of the powerful zamindar and his men? Or does Sanjeevana's death become a metaphor for the death of honesty, innocence, conscience and justice? Purush (1984) directed by ace cinematographer the late Rajen Kothari, depicts a woman walking up to the gallows quietly, her face immobile and her gait dignified. Adapted by a very successful staged play by Jaywant Dalvi, this film tells the story of Ambika, a young school teacher, the only child of low-middle class parents who rises against the sexual exploitation of women by the powerful politician in general and her own gruesome rape by the same politician by cutting off his vital organ - performing a Bobbit on him. She does not regret her action and takes the death sentence in her stride. Her fiance ditches her and her mother goes insane but she sticks to her revenge that kills her rapist slowly and more gruesomely than the rape he committed on her. Ambika is a woman, an educated woman belonging to the low middle class who becomes a threat to the upper classes in the same neighbourhood. Her guts is another threat to the men in the neighbourhood who shun her for her courage and her capacity to resist power. When legal pursuits fail, she takes law in her own hands. Cinema reflects life as these films have shown so far as the bias against Dalits, minorities and the poor are concerned. Dhananjoy Chatterjee, the young security guard who was hanged in Kolkata some years ago for raping and killing a school girl, did not tire of saying, "I would not have been hanged if I was not so poor." Does that ring a bell somewhere? (source: The Citizen) GLOBAL: The Rare Psychological Disorder That Only Affects Death Row Inmates Imagine being told you are going to die in a month. Then it's a few hours. Then another month. You may be set free or you may be killed, and it all depends on events that are completely out of your control. How long could you stand it? The poem, "O Death, rock me asleep," is rumoured to have been written by Anne Boleyn in her cell as she awaited execution. While in prison, Anne was reported to have fallen into laughing spells and claimed that it would not rain until she was released or that doom would befall the kingdom seven years after she was executed. One morning, believing she was to be executed that day, she burst into tears upon being informed that her execution was delayed. She declared that she had hoped to be "past her pain" by the end of the day. A few years later Anne's sister-in-law, Jane Rochford, also went insane awaiting execution. Regardless of the legality or morality of the death penalty, the process of sitting on death row, waiting to be executed, is incredibly painful. Some now argue that the protracted uncertainty, the rapidly changing execution dates, and the terrible isolation of death row, induces a form of insanity. People lose their minds, they commit suicide, and most importantly, they stop using the legal system to appeal their executions. It's called death row syndrome. Mock Executions and Delayed Executions Mock executions, procedures that cause people to think they are about to be executed, have long been established as a means of psychological torture. Victims are prepared for an execution, sometimes blindfolded or made to kneel, but the execution is not carried out. The procedure not only terrifies people, but makes them feel tortured hope should time come for their real execution. They lose all control, even the control of knowing when they are about to be killed. No execution proceeding on death row is a mock execution. That would require deceitful intent on the part of those conducting it. Still, death row prisoners have been made to expect imminent death, only for the execution to be delayed. It's not unusual for people to come within twenty-four hours of their official time of execution. One man, Warren Hill, was strapped to a gurney, sedated, and 30 minutes away from being executed, when he was granted a stay of execution. People spend years thinking they're going to be executed in a few months, or a few days. They spend the last few minutes before their execution believing there might be a reprieve. Appalling Conditions Death row syndrome is not just the result of the appeals process, but the life that people lead while they appeal. Though conditions vary widely, most death row cells are small. Many of them are roughly the size of parking spaces, and depending on the country, they can have multiple people inside them. Although some death rows are rows of open cells, allowing inmates to see and hear each other, others are a series of steel containers, so the inmates see no one. Inmates rarely leave their cells. Most inmates are in their cells 22 to 23 hours a day. If they leave, they don't go outside. They have no contact with anyone except, occasionally, their legal representatives. Guards slide food to them through a slot. No Way Out It's not surprising that these conditions take a toll on people's minds. Death row prisoners, and prisoners who have been exonerated, often describe the way that their fellow death row inmates deteriorate over time. They describe some prisoners smearing faeces on the wall and having psychotic delusions. Other prisoners hold long conversations with themselves. Many attempt suicide. Others simply sleep 20 hours a day. Still others attempt suicide through legal means. It's not unusual for prisoners on death row to give up making appeals, and cooperate as much as they can with the execution process. One inmate's own lawyer, who had represented him for months on the understanding that the inmate would drop all appeals out of respect for the victims' families, stopped the process 75 minutes before the man was to be executed. The lawyer stated that he no longer believed his client was competent. The man had claimed that he wished to spare the victim's families any more pain. After spending time with the man, the lawyer unearthed letters in which the man confessed that he now knew why people on death row chose to embrace the idea of execution as escape, and that he could no longer stand the isolation and the cycle of appeals. It's this wide range of responses that keeps death row syndrome from being recognised as a psychiatric disorder. Many argue, quite reasonably, that it can't be an actual mental illness if the expression of it varies so widely. Death row prisoners also don't make an easy group to study, as most of them are severely disturbed before they go on death row. The Soering Case Conditions on death row are not just a moral problem. They're a diplomatic problem as well. In the 1985, a young German man named Jens Soering was accused, along with his girlfriend, of murdering the girlfriend's parents. The murder was committed in Virginia, where Soering was studying. The pair fled to the United Kingdom, where they were caught. The United Kingdom was ready to send Soering back to the United States, when Soering appealed. His lawyers argued, in front of the European Court of Human Rights, that conditions on Virginia's death row were so harsh, and the delays so long, that a stay on death row was "inhuman or degrading treatment." Soering was extradited, on the understanding that the state of Virginia would not seek the death penalty. It wasn't the death penalty itself that was the human rights violation. It was the experience of being on death row. Over the years, other courts have decided that long stays on death row constitute inhumane punishment. Kenya, Uganda, and Zimbabwe have all passed laws, or made court decisions, that limited time on death row. (Many of those laws have been subsequently overturned because of political shifts or changes to the countries' constitutions.) In countries that have abolished the death penalty the point is moot. The United States supreme court has, so far, refused to hear cases which might limit the time allowed between the pronouncement of a death sentence and its execution. In the end, the problem with death row syndrome is not just that it indicates inhumane treatment. The problem is that the very process that's meant to save people from unjust execution is so painful that it causes those people to seek their own execution. The check on the system, which people should use to fight injustice, has become a tool to break down resistance to the system. (source: lifehacker.com.au) SOUTH AFRICA: Remains of hanged men to be exhumed South Africa will, within the next week, commence the exhumation of 83 political prisoners who were previously hanged at the then Pretoria Central Prison during the apartheid era, Justice Minister Michael Masutha announced on Wednesday. Speaking at the launch of the gallows exhumation project at the Kgosi Mampuru II Correctional Centre in Pretoria, Masutha said the dignity of at least 83 of the 130 people who were hanged for politically-related offences between 1960 and 1990 will be restored from April 4 when the Missing Persons Task Team in the National Prosecuting Authority will be conducting the exhumations of their remains. At least 130 people were hanged for politically-related offences between 1960 and 1990. The remains of 47 of mainly members of the Pan Africanist Congress and United Democratic Front anti-apartheid organisations had been exhumed at various stages, while 83 of them remain buried in unmarked graves. "Our Truth and Reconciliation Unit and various provincial governments will then arrange for the remains to be formally handed over to the families for dignified reburials," said Masutha. Those sentenced to death were transferred to Kgosi Mampuru II, then known as Pretoria Central Maximum Security prison, for execution. Famous people who were executed at the gallows include Solomon Mahlangu, Benjamin Moloise, Michael Lucas, and Thelle Simon Mogoerane while others such as suspended Independent Police Investigative Directorate head Robert McBride were reprieved. They were buried in unmarked graves at Mamelodi West and Rebecca Street cemeteries. Of the 83 human remains, 69 are buried in Mamelodi West and 14 at Rebecca Street. Madeleine Fullard, head of the NPA's missing persons task team, said they had partial records of where the bodies were buried. In February 1990, President FW de Klerk declared a moratorium on executions in the country, while the death penalty itself was abolished in 1995. (source: iol.co.za) SOMALIA: Somali Court upholds death sentence against journalists killer A high tribunal court in Mogadishu upheld a death penalty sentence against Hassan Hanafi found guilty of killing 5 journalists and media workers between 2007 - 2009. "After evidences, we we found him guilty of assassinating 5 journalists, the high court of the Somalia's armed forces upheld the death sentence against Hassan Hanafi Hajji," said Liban Ali Yarow, the chairman of the army court. The defendant had previously appealed his conviction on murder charges, but the high court has dismissed during Friday's hearing. Hanafi who worked as Al shabaab media officer was captured by Somali intelligence agency forces while trying to escape justice and sneak into nighbouring Kenya in 2014, the court judge said. (source: mareeg.com) CHINA: Kiwi drugs-accused Peter Gardner could face death penalty The New Zealander allegedly caught trying to leave China with $25 million of methamphetamine is expecting to find out his fate within the next month. Peter Gardner was stopped at Guangzhou Baiyan International Airport in 2014, while travelling back to his home in Australia with then-girlfriend Kalynda Davis. Gardner claimed ownership of the bags when questioned - but denied the drugs found inside were his. Peter Gardner was charged with drug trafficking after being caught with 30kg of methamphetamine in China. He said he had been duped into carrying the 30kgs of methamphetamine, and thought he was transporting an order of bodybuilding peptides including Melanotan. The pair were arrested, but while Davis was later freed and sent home, Gardner was locked up. He went to trial in front of a panel of 3 judges last May, and a verdict had been expected within a few weeks of the 1-day hearing's conclusion. If found guilty, Gardner could face the death penalty. Gardner's parents, Sandra Cornelius and Russell Gardner, travelled to China for the hearing and were granted 2 short visits with their son. After Gardner's arrest, it emerged it was his 2nd trip to China - he had previously made one other journey to bring back the legal, performance-enhancing peptides. Gardner's lawyer Craig Tuck says his client was coping well with the extended wait for a verdict. "Peter is very thankful for the love and support of his friends and family in New Zealand and Australia." Tuck said he was now expecting a verdict by the end of April. If convicted, there would be a 10-day period to appeal, he said. (source: sutff.co.nz) TAIWAN: Ministry death penalty review too narrow: lawyer A Ministry of Justice-initiated review of "controversial" death penalty cases is too narrow and self-limiting, the Taiwan Alliance to End the Death Penalty said yesterday. "Minister of Justice Luo Ying-shay is in the transition period between administrations and should not have issued the order," said Lin Tzu-wei, the head of the alliance's legal department, adding that while the "direction" was commendable, because the scope of the review was narrowly limited to "controversial" cases, it could lead to the "deception" that a full review had been conducted. "What is important about most of these cases is not whether the person committed the crime, but rather what degree of punishment is appropriate," the lawyer said. Luo announced the review this week at the suggestion of Supreme Prosecutor Yen Ta-ho. The review is warranted because of the irreversible nature of the death penalty, she said. Her order requires a working group from the Supreme Prosecutors' Office to reopen files of inmates in controversial death penalty cases whose sentencing has been finalized, taking remedial measures if any new evidence or file inconsistencies that might be advantageous to the convict are found. The order came following prosecutors' decision last week to apply for a retrial of a case involving Cheng Hsing-tse following the emergence of new forensic evidence casting doubt on his conviction for a 2002 killing of a police officer. The case was reportedly the 1st for which prosecutors sought a retrial after the Supreme Court had already issued a final ruling upholding the death sentence. Lin said the files of the nation's 42 death row inmates should be reviewed because of widespread legal irregularities such as failing to have the opportunity to testify before the Supreme Court and being tried before court rulings and legal amendments established their right to question witnesses in court. (source: Taipei Times) From rhalperi at smu.edu Mon Mar 28 09:01:23 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 28 Mar 2016 09:01:23 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, S.C., GA., LA., MO., CALIF., USA Message-ID: March 28 TEXAS: Petitioning Governor Greg Abbott and Texas Board of Pardons and Paroles----No execution for Robert Roberson in Texas Robert Roberson was condemned to death for killing 2002 his 2-year-old daughter Nikki. Since 2004 he claims that not he but the sister of his former girl-friend, Heather Berryhill, shook the baby after smoking crack-cocaine. The next morning he brought free-willing his injured daughter to the hospital. Therefore he should not be executed but punished with a prison sentence. Otherwise the next shaken baby will not be brought to the hospital anymore. Through a car accident he suffers with brain injuries. A psychiatrist of the defense was not allowed to testify in the guilt-innocence phase of the trial. A sexual assault of the little girl was one point of the indictments but not shown by the autopsy. Therefore the trial was unfair and we demand a new trial or a commutation of the death sentence to a prison sentence. see: https://www.change.org/p/governor-greg-abbott-and-texas-board-of-pardons-and- paroles-no-execution-for-robert-roberson-in-texas (source: change.org) SOUTH CAROLINA: A Judge Overturned a Death Sentence Because the Prosecutor Compared a Black Defendant to King Kong ---- The South Carolina prosecutor is known as 'Death Penalty Donnie.' A federal trial judge in South Carolina last week overturned the death sentence of a man convicted of stabbing his victim more than 70 times with a screwdriver. The sentencing phase of the trial of Johnny O'Landis Bennett was so infected by racial animus by the prosecutor and a juror, U.S. District Judge Richard Mark Gergel concluded, that Bennett was deprived of his constitutional right to due process. The granting of habeas relief is a rare thing these days, but Judge Gergel's order in the Bennett case is remarkable for 2 other reasons. First, it highlights the lack of meaningful judicial review capital cases like this receive from state judges in South Carolina, jurists who time and again in Bennett's case excused the racist theme of the hearing. Second, the judicial rebuke marks a fitting epitaph for the professional career of Donald V. Myers, a legal legend in that neck of the woods. Myers, also known as "Doctor Death" and "Death Penalty Donnie," sent 28 people to death row in South Carolina during his decades as the state's most flamboyant prosecutor. In doing so he earned public praise and the scorn of countless defense attorneys whose clients endured Myers' courtroom theatrics. Once, grieving the death of his own son in 2003, Myers pressed for the death penalty against Robert Northcutt, who had confessed to killing his 4-year-old daughter because she wouldn't stop crying. Here's how one reporter in 2006 chronicled what happened at the trial: Myers snubbed the defense attorney by reading the sports section of The State newspaper when the attorney questioned witnesses. Myers bent a doll's back over a crib's rail to show jurors how Northcutt broke his daughter's back. In his closing argument, he covered the crib with a black cloth and wheeled it past the jury box like a funeral procession. In the crib was a sheet that belonged to his son. "He was always with me," Myers said, fighting back tears. "That was a way of keeping him close to me." Myers cried at least 16 times during his closing argument, according to an appeal of the case filed with the state Supreme Court. Northcutt's lawyer, David Bruck, said Myers was out of control. Bruck objected 20 times during Myers' argument, including when Myers said a life sentence would "declare open season on babies in Lexington County." Earlier this month, after his second drunk driving arrest, but before Judge Gergel admonished him, Myers announced that he won't run again when his current term expires in January. And now Bennett's fate is again uncertain. A black man convicted of murdering another black man, Bennett was first sentenced to death in 1995. That conviction was overturned in 1997 when the lawyers learned that a juror had been seated in the capital trial even after he said he would "go with the majority of the jury" even if he had doubts "as to whether the defendant should get the death penalty." Bennett, a large, hulking man, then was re-sentenced to death in 2000 by an all-white jury in Lexington County. When one witness, a white woman, testified that Bennett had attacked her weeks before the murder, Myers asked the witness if she had dreamt of anything while in a coma. Yes, she told jurors, "Indians were chasing me trying to kill me, and the thing I thought was they were black." Both before and after that answer, Bennett's lawyer objected and moved for a mistrial. It was denied; the prosecutor had not elicited the "black Indian" dream testimony, a state judge subsequently (and erroneously) ruled. Later, Myers introduced testimony that Bennett had had sex with a female prison guard while awaiting his trial. During his cross-examination of the witness, Myers identified the guard as "the blond-headed lady." Again, Bennett's lawyer immediately objected and asked for a mistrial, arguing that Myers had improperly signalled the all-white Southern jury that the big black defendant had a white lover. The trial judge again overruled the defense, declaring in open court: "maybe it [sic] just the way things are these days, but when somebody says blond, I don't necessarily see a white woman."All of this was a precursor to Myers' closing argument. Bennett's lawyer had claimed his client had been a compliant prisoner, that he would not pose a future danger if given a life sentence. To this Myers responded by calling Bennett "a monster" and a "caveman" and a "beast of burden" before telling jurors this: "If you give him life, the real Johnny will come back. You give him life and he'll come back out. Meeting him again will be like meeting King Kong on a bad day." Another request for a mistrial. Another denial by the trial judge. And Bennett was sentenced to death. Then, 6 years later, 1 of Bennett's post-conviction lawyers asked 1 of the jurors from that 2000 sentencing why the juror had thought Bennett had killed his victim." "Because he was just a dumb nigger," the juror candidly responded. "I apologize for saying that word," the juror then said under oath, "but after going through that thing for an entire week and all the evidence piling up against him, that was just the way I felt about it." Even this admission from one of the people who put Bennett on death row did not sway the South Carolina courts. The juror's post-trial statement did not justify granting Bennett relief, state court judges concluded in 2006, because it did not establish that the juror was "racially biased at the time of the resentencing trial." 7 years later, in 2013, the South Carolina Supreme Court refused to reconsider that issue. 1 year after that Bennett's attorneys filed their federal habeas petition. Which brings us back to Judge Gergel. "It is notable that none of the reviewing (state) courts evaluated the potential impact of these various racially charged statements or evidence collectively, analyzing each in isolation," he wrote in his March 16 order. "Further, no court addressed what was clearly [Myers'] calculated effort to introduced the challenged evidence." But the federal judge saved his most pointed analysis for Myers' "King Kong" reference during closing argument. He wrote: "The Court is mindful that the state courts have characterized [Myers'] King Kong statement as a harmless reference to [Bennett's] immense size without any racial overtones. The Court finds such an analysis involves 'an unreasonable determination of the facts in light of the evidence...' The fact that [Bennett] is a very large black man makes the King Kong reference even more odious and inflammatory in this case because it plays upon a racist stereotype of the bestial black savage that seems calculated to animate and excite the all-white Lexington County jury." Judge Gergel also tackled the issue of the juror who had called Bennett "just a dumb nigger." The South Carolina courts had failed here, also, to protect Bennett's constitutional rights to a fair trial free from racial animus. "If this blatant statement of racial hostility does not amount to evidence of constitutionally impermissible racial bias," the judge wrote, "it is hard to imagine what evidence could meet that standard." Myers promised last week to appeal Judge Gergel's order and it's likely that this appeal, to the 4th U.S. Circuit Court of Appeals, will outlast the remainder of Myers' career in public office. He did not respond to a request for comment from The Marshall Project. Meanwhile, for all the bluster, 6 of Myers' 28 capital defendants have been executed. Another 12 have had their sentences shortened to life without parole. (source: themarshallproject.org) GEORGIA: States debating alternatives to lethal injection Lethal injection is the primary method used for the death penalty and in just days it'll be used on a Georgia death row inmate, but the drugs limited availability has some states looking for a new solution. The method has been the primary use of execution since 1982 and now 1,425 executions later, states are starting to rethink it for the death penalty. Virginia has a bill on the table trying to bring back the electric chair. It's passed the state house and senate and now waits for a Governor's signature. The main reason, the lethal drugs are hard to come by and we are seeing that close to home. Last year, South Carolina ran out of the lethal injection cocktail, putting 44 executions on hold. Also in March of last year the 1st woman put on Georgia's death row in 70 years Kelly Gissender had her death rescheduled several times between march and June because the lethal drug again was hard to come by. Also in June there was a case of cloudiness due to shipping and storing that delayed Gissender's death again. Georgia also had an issue a few years ago where it was running out of the drug completely. Starting from 2010 when states where asked to use a new formula several cases had botched drugs causing a slow death for several inmates, several states issued holds on capital punishment. Right now there are 19 states that have outlawed capital punishment, 5 states since 2009. Although there have been difficulties case by case, for now, Georgia is continuing with lethal injection for the death penalty. Joshua Daniel Bishop is scheduled to die on Thursday for an armed robbery where he beat a man to death for not turning over his Jeep keys. Another, Kenneth Fults is set for lethal injection execution on April 12th. (source: WRDW news) LOUISIANA: Prosecutors appeal mental disability-death sentence issue in 1993 killing of Cpl. Betty Smothers The U.S. Supreme Court should reinstate Kevan Brumfield's death sentence in the 1993 ambush slaying of Baton Rouge police Cpl. Betty Smothers because Brumfield is not, was not and never has been mentally disabled, prosecutors contend. The East Baton Rouge Parish District Attorney's Office is asking the high court to reverse U.S. District Judge James Brady, of Baton Rouge, and a New Orleans federal appeals court and reinstate state District Judge Richard Anderson's 2003 conclusion that Brumfield is not mentally disabled. Brady decided in 2012 that Brumfield, now 43, is mentally disabled and therefore ineligible for execution. After much legal back-and-forth, a 3-judge panel of the 5th U.S. Circuit Court of Appeals affirmed Brady's decision in December. The U.S. Supreme Court, in Atkins v. Virginia in 2002, barred the execution of people found to be intellectually impaired. In the Baton Rouge case, prosecutors Prem Burns and Monisa Thompson argue in a Supreme Court petition filed March 14 that Brumfield was never diagnosed with a mental disability in preparation for his 1995 capital murder trial in Anderson's courtroom. Brumfield's 1st allegation of mental disability, the prosecutors point out, came after the high court's Atkins decision 7 years later. Psychologists Ricardo Weinstein, Stephen Greenspan and Victoria Swanson, expert witnesses for Brumfield, testified in Brady's courtroom in 2010 that Brumfield is mentally disabled. But the state's experts - psychiatrist Robert Blanche, psychologist Donald Hoppe and neuropsychologist John Bolter - testified he is not. Bolter was initially a defense trial expert for Brumfield. Weinstein, according to Burns and Thompson, holds the "unique distinction" of being the 1st person to diagnose Brumfield as being mentally disabled. The diagnosis came in 2007, when Brumfield was 34, they note. In his 2012 decision, Brady found Weinstein and Swanson "more credible" than the state's experts. "This credibility determination is overwhelmingly flawed, especially considering the facts that Drs. Weinstein and Swanson are active advocates against the death penalty," Burns and Thompson allege in their petition to the Supreme Court. The prosecutors say Swanson determined Brumfield was intellectually disabled before she met him and did not meet him until 2 1/2 years after she wrote her report declaring him mentally disabled. Greenspan, one of Brumfield's experts, did not meet the convicted killer and did not give an opinion on his mental status because the psychologist did not think it was "ethical" or "professionally responsible" for him to make a mental disability diagnosis without meeting Brumfield, according to the petition by Burns and Thompson. "Amazingly, this is exactly what ... Dr. Swanson did," the prosecutors claim. Weinstein, they add, makes his living testifying in Atkins cases for the defense and has lectured on the defense circuit in "Making the Case for Life" seminars. Nick Trenticosta, one of Brumfield's attorneys, said Thursday he will file papers at the Supreme Court next month opposing the state's petition. As for the state's experts, Burns and Thompson say Hoppe testified before Brady that Brumfield has a conduct disorder and an antisocial personality disorder but no mental disability. Blanche, the psychiatrist for the East Baton Rouge Parish Prison, likewise testified Brumfield's case was a "classic case of conduct disorder," the prosecutors say. Bolter found Brumfield to have an attention deficit hyperactivity disorder and borderline intellectual functioning but nothing to suggest he was mentally disabled, they argue. Burns and Thompson further claim that Brumfield was subjected to at least 6 intellectual assessments before the age of 18, and not one showed he was mentally disabled. Cpl. Smothers, 36, a single mother of 6 children, was shot to death Jan. 7, 1993, outside a Jefferson Highway bank where she had driven a grocery store manager to make a night deposit as part of Smothers' off-duty security job. The manager was wounded in the hail of gunfire but survived. Burns and Thompson contend the facts of the crime negate Brumfield's claim of intellectual disability. "Brumfield's adaptive skills in planning the robbery (scoping out the bank days in advance, renting a car off the street and purchasing the handguns) and then attempting to escape punishment (fleeing the scene, asking others to create alibis, disposing of the handguns and the car, and repeatedly lying to authorities) are strong evidence of satisfactory adaptive skills," they maintain. "The facts of this crime - with its premeditated aspects - lack the impulsiveness and nonleadership interaction often associated with mentally retarded individuals. ..." Smothers' oldest child, former NFL running back Warrick Dunn, who starred at Catholic High School in Baton Rouge and Florida State University, has called Brumfield's use of mental disability as a defense "offensive and morally wrong." Smothers was killed 2 days after Dunn's 18th birthday. A 2nd Baton Rouge man, Henri Broadway, is on death row in the Smothers case. He was accused of firing bullets into her police car and wounding the grocery store employee. Brumfield was accused of fatally shooting Smothers. Broadway, 45, is seeking a new trial, claiming his trial attorneys were ineffective. (source: The Advocate) MISSOURI: Judge appropriately rules to release execution drug info When it comes to the death penalty, we have opined before that all matters of execution deserve extra scrutiny. Even when appeals are inconvenient to the survivors of victims of horrible crimes, our legal system has a constitutional obligation, and in our view a moral one, to examine every aspect to ensure that those we are executing have exhausted their legal protections and their rights under the constitution. The death penalty is the most severe punishment we have to offer; it is uncorrectable, and we must treat it seriously. It is not an act of revenge, but an act of justice. It requires level heads and close examination. That, along with our position to encourage transparency in government, is why we were pleased to see that a Missouri judge ruled on March 22 that the state must reveal the source of the drug it uses to execute prisoners, finding that the state's Department of Corrections "knowingly violated" Missouri's open-records law. We understand there are reasons why the government might want to keep the drug secret. The makers of the drug might find themselves in the political spotlight, finding themselves the targets of boycotts and backlash. They may decide to decease making the drug, which creates problems for the state of Missouri. It's possible. But it's not a good enough reason for our government to keep its execution methods hidden from public view. Since 2013, according to the Associated Press, Missouri has executed 18 men using the drug pentobarbital. Where the state gets the drug is unknown, according to the Associated Press. Major drug companies have refused to allow their drugs to be used in executions. Missouri has refused to disclose the source of their drugs, though the sources are widely believed to be compounding pharmacies that make drugs tailored to the needs of a specific client. Those pharmacies, according to AP, do not face the same approval process or testing standards of larger pharmaceutical companies. Several news organizations, including The Associated Press, Kansas City Star and St. Louis Post-Dispatch filed a lawsuit in 2014, arguing that disclosure reduces risk that "improper, ineffective or defectively prepared drugs are used." The state attempted to argue that a Sunshine Law exemption that protected the identification of members of the execution team also protected the drugmaker. This is yet another glaring example of how government officials try to pervert the law to keep data and information hidden from the public. In this case, the public's right to know outweighs a contractor's preference for privacy and certainly the government's desire for convenience. The information will not be released until the appeals process plays out, but already the state has been ordered to pay $73,000 in legal fees to the media organizations. The death penalty is a very controversial topic in our nation. Those who favor and oppose can be found from all political affiliations and personal backgrounds. It is essential that the public is allowed to examine how the government stands up to the Constitution and how it puts people to death. If we are to kill people legally, then all facts and methods should be exposed. Missouri's expensive attempts to shroud the facts says a lot about its priority for transparency. (source: Editorial, semissourian.com) CALIFORNIA: Slaying of girl, 8, puts focus on problematic death penalty A decision by prosecutors to seek the death penalty in a high-profile Oakland murder case going to trial Monday is focusing renewed attention on capital punishment in a state where no prisoners have been executed in more than a decade. The outcome of the trial of Darnell Williams, 25, who is charged with 1st-degree murder in the killing of 8-year-old Alaysha Carradine, will be up to an Alameda County jury. Williams, whose also charged with killing a man during a dice game, faces 2 special circumstances that make him eligible for the death penalty - committing multiple murders and lying in wait. But if he is convicted and sentenced to death, the likelihood of his undergoing lethal injection is tenuous at best, experts say. Even with the death penalty on hiatus as the state revamps execution protocols found unconstitutional by a federal judge nearly 10 years ago, prosecutors continue to seek capital punishment as a tool against society's worst offenders. "I've been on both sides," said Darryl Stallworth, a former prosecutor with the Alameda County district attorney's office, who wasn't speaking specifically about the Williams case. "Prosecutors believe, like most people, that it should be used as a deterrent and that the person's death will give the family closure. "But they're never going to get closure," continued Stallworth, who now advocates against the death penalty. "Because that person will likely never be executed." Victims' emotions Evelyn McGann, leader of the East Bay chapter of Parents of Murdered Children, a victims advocacy group that hosts monthly support meetings, said members of her organization are often craving justice any way they can get it. "I have people who come to my meetings who've lost family to cold-blooded murder and that's all they want, to see this person put on death row,??? said McGann, whose son, Richard, was murdered in 1984. "I wouldn't hesitate (to impose the death penalty) if it was the man who killed my son." A gag order has been placed over Williams' trial, forbidding attorneys from talking to the media and the public about the case. But on paper, it???'s clear to see why prosecutors checked all the boxes that prompted them to seek the death penalty. On July 17, 2013, around 11:15 p.m., Williams allegedly went to the Oakland apartment where Alaysha and other children were having a sleepover. Authorities say he was bent on revenge for the slaying of a friend 4 hours earlier. After ringing the doorbell at the Dimond District apartment, police said, Williams began firing before the door even opened. Within seconds, Alaysha was felled by a barrage of bullets. A 7-year-old playmate, the playmate's 4-year-old brother and their 63-year-old grandmother were all injured. Authorities suspect Williams was gunning for anyone associated with Antiown York, a man he blamed for killing 26-year-old Jermaine Davis earlier that evening in Berkeley. York's children and their mother lived at the apartment. Davis' cousin, Joseph Carroll, was initially accused of helping to plan the Oakland shooting by casing the apartment. Murder charges against Carroll were later dropped, but he still faces counts of conspiring with 3 other defendants to murder 2 men he believed had disrespected him and his brother in an unrelated incident. The senselessness of Alaysha's death rocked the community. Police Chief Sean Whent and then-Mayor Jean Quan were among hundreds of people who attended a memorial service, in which the little girl nicknamed Ladybug was remembered for a sparkling smile and sweet nature. Her mother, Chiquita Carradine, stood before mourners and called Alaysha "my guardian angel." Another killing Alaysha's killing didn't end what Alameda County District Attorney Nancy O'Malley described at the time as Williams' "complete disregard for human life." On Sept. 8, 2013, Williams allegedly shot and killed a man with whom he was "supposedly friends," 22-year-old Anthony Medearis, officials said. The slaying happened on the 1400 block of Eighth Street in Berkeley, in an alleged robbery attempt during a dice game. Williams was arrested that day after police found him hiding in a shed, and Carroll was taken into custody in early 2014 after a wide-ranging probe that included Oakland and Berkeley police and state agents. At a preliminary hearing in the case, a witness testified that Williams told her he "didn't give a f-" about either killing. Williams' prosecution is the 1st time the Alameda County District Attorney has sought capital punishment since 2012, when David Mills was sentenced to death for 3 2005 murders in East Oakland. California's death row is the largest in the nation, with 743 condemned inmates. But only 13 prisoners have been executed since the death penalty was restored in the state more than 40 years ago, according to the Death Penalty Information Center, a research organization with a skeptical but formally neutral position on capital punishment. Corrections officials proposed a new 1-drug execution protocol last year in an effort to conform to U.S. District Judge Jeremy Fogel's 2006 ruling that the state's 3-drug lethal injection method created "undue and unnecessary risk that an inmate will suffer pain so extreme that it offends the Eighth Amendment." Fogel concluded that California's "implementation of lethal injection is broken." State officials are working on a new death-penalty protocol that would involve using 1 of 4 barbiturates and, in theory at least, would conform to the judge's ruling. But even if the new method is approved, it will likely be years before executions resume. Opponent's concerns Beyond the problems with the drugs involved, Stallworth said, his experience, including a case in which he sought the death penalty for a murder suspect, ultimately led him to reject capital punishment after he concluded it wasn't a deterrent and was applied haphazardly. The duration of such trials, which can often last months, means there's a higher chance of seating juries consisting of people who can afford the time off. The end result, Stallworth contends, is that wealthier and more conservative jurors are picked to enforce the death penalty. Even when a capital sentence is imposed, inmates can spend decades on death row awaiting execution due to the mandatory appeals process, often delaying indefinitely any gratification garnered by a victim's family. That delay has led McGann, who said she is in favor of the death penalty but admits to being conflicted on the issue, to be careful when she's talking to loved ones of victims. "When someone takes 1 of yours, you want nothing more than to take from them," she said. "But I don't tell people to expect that, because it just takes forever." (source: San Francisco Chronicle) ***************** Quin Denvir to Gov. Jerry Brown: Commute all death row sentences Quin Denvir, long an opponent of the death penalty and one of the lawyers who steered Unabomber Theodore Kaczynski around probable execution, has asked Gov. Jerry Brown to commute the sentences of California's death row prisoners. In a letter to the governor dated March 17, Denvir said he has "been haunted by the death penalty" since 1977, when it was reinstated in California and Denvir was appointed state public defender by Brown during his 1st term as governor. "I have represented several death row inmates who were able to avoid execution, and I lost one, Tom Thompson," Denvir said in the letter. "He was very likely innocent of capital murder, and his case has been chronicled by (9th U.S. Circuit) Judge (Stephen) Reinhardt as a miscarriage of justice. "Now, in Pope Francis' Year of Mercy, I would like to see California stop its, as (U.S. Supreme Court) Justice (Harry) Blackmun put it, tinkering with the machinery of death. "I would respectfully ask you to exercise your gubernatorial clemency power to commute the sentences of the women and men on death row to life without possibility of parole," Denvir wrote. Brown's office confirmed it had received the letter, but declined to comment. The office holder's clemency power is not wholly unrestricted. The California Constitution says the governor may not grant a pardon or commutation to a person "twice convicted of a felony except on recommendation of the Supreme Court, 4 judges concurring." The criminal justice system is an imperfect one. Denvir, 75, is a revered figure in America's anti-death penalty community. After leaving state service in 1984, he practiced criminal defense at the trial and appellate levels. The 9th Circuit appointed him federal defender for the Eastern District of California in 1996, where he defended complex and high-profile prosecutions and argued landmark cases before the U.S. Supreme Court. While heading the federal defender's office, he established a death penalty habeas unit and staffed it with highly qualified attorneys. Habeas corpus is a post-appeal recourse that allows a defendant to petition the court on a claim of unlawful detention. Denvir and Judy Clarke, who has defended a number of high-profile cases throughout the country in which prosecutors were seeking the death penalty, teamed in Kaczynski's case. In return for the government's withdrawal of its request for death, Kaczynski reluctantly pleaded guilty to a years-long bombing campaign that killed three and injured 29, and was sentenced to life in prison without the possibility of release. "In my opinion, Quin Denvir walks on water," Clarke once told a Bee reporter. Now retired and living in Davis, Denvir tackles a case now and then if it interests him in some way. In his letter to Brown, he said that "the state should not make the moral choice to kill women and men because they themselves have killed." "2nd," he said, "the criminal justice system is an imperfect one, administered by men and women with their human frailties and susceptibility to public pressure and political tides. We accept those imperfections when life is not at stake, but we should not when there is the great risk that the death sentence will be imposed, as it has been in the past, in an arbitrary, discriminatory or unreliable manner. "I appreciate your listening to me," Denvir told the governor in the letter. "I hope and pray that you will see this as the right thing, something that you can and should do." (source: Sacramento Bee) **************** Nevada County Memo: Community Discussion Panel at the Madelyn Helling Library ?Nevada County Reads & Writes will be hosting a community discussion panel 6-7:30 p.m. Thursday, March 31 in the Gene Albaugh Community Room at the Madelyn Helling Library. The panel will focus on bias in the judicial system and the death penalty, the major themes of the 2016 Nevada County Reads & Writes book selection, "Just Mercy: A Story of Justice and Redemption" by Bryan Stevenson. The panel will include a diverse group of community members and activists including District Attorney Cliff Newell, Interim Public Defender Keri Klein, author and Creating Community Beyond Bias member Bill Drake, activist Jamal Walker, government teacher Jeff Dellis, Nevada Union Social Justice Club representative Junet Bedayn, and death penalty abolition activist Amanda Wilcox. (source: The Union) USA: Federal Appeals Court Ruling Could Accelerate Death-Row Executions A contentious Justice Department policy that could speed up death-row executions is closer to taking effect, following a recent federal appeals court ruling. The opinion last week from the Ninth U.S. Circuit Court of Appeals could clear the way for states to apply for a program to fast-track death-row appeals, potentially leading to swifter executions. Death-penalty supporters have been calling for speedier appeals for years, while defense lawyers and death-penalty opponents say fairness is lost if complicated appeals aren't given the time they need. The controversy over the policy comes as the use of the death penalty continues a yearslong decline. In 2015, 28 people were executed, the lowest number since 1991, according to a study by the Death Penalty Information Center. Roughly 3,000 inmates sat on death row at the beginning of the year, and 31 states currently allow executions. The Ninth Circuit tossed a 2013 lawsuit brought by the Habeas Corpus Resource Center in California and the Office of the Federal Public Defender for the District of Arizona. The suit challenged a Justice Department policy that in certain states would shorten the amount of time - from 1 year to 6 months - in which prisoners must challenge their conviction in federal court after state appeals end. The fast-track process also would impose deadlines on federal courts for ruling on challenges, known as habeas corpus petitions. There currently are no limits on how quickly the courts must rule on such petitions. The plaintiffs, which represent death-row inmates in federal appeals, had argued the Justice Department regulations were too vague and caused the groups concern over how to commit limited attorney time and financial resources in capital cases. But the court sided with the Justice Department, finding the plaintiffs failed to show they had been directly harmed. "Assisting and counseling clients in the face of legal uncertainty is the role of lawyers," the 3-judge panel wrote. Opponents worry the policy will shortchange death-row inmates. "At a time when capital punishment is coming under serious scrutiny, we think there needs to be greater opportunities for courts to review these cases," said Marc Shapiro, an attorney for the plaintiffs. "DOJ is seeking to do exactly the opposite, and slide the cases through federal court." The Justice Department, which has stood by the fast-track process and argued that any legal challenge to the policy was premature, declined to comment on the opinion. Mr. Shapiro said his clients plan to request a full Ninth Circuit panel to hear the case. Until the court takes up or denies that request, implementation of the fast-track policy continues to be on hold. Any further appeal to the U.S. Supreme Court could also delay enactment. No states have yet been approved to use the fast-track process - put into law in 1996 through the Antiterrorism and Effective Death Penalty Act and revised by the Justice Department in 2013 - though Arizona and Texas have both asked to be allowed to use it. To qualify, states must show they provide competent counsel to indigent prisoners during state post-conviction proceedings. Executions are often delayed for years as inmates pursue several rounds of appeals at both the state and federal level. Federal appeals of death-row sentences are a last resort and typically must challenge a constitutional or federal issue, rather than revisit the underlying facts of the case. More than 1/3 of those sentenced to death between 1976 and 2013 had their sentences or convictions reversed through state or federal appeals, according to a study from the University of North Carolina at Chapel Hill. (source: Daily News) From rhalperi at smu.edu Mon Mar 28 09:02:46 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 28 Mar 2016 09:02:46 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 28 BANGLADESH: Nizami to file review petition Tuesday Condemned war criminal and Jamaat-e-Islami Ameer Matiur Rahman Nizami will file a petition seeking review of the Appellate Division verdict that upheld his death sentence. "The review petition will be filed tomorrow with the Appellate Division of the Supreme Court against his death sentences, upheld by the apex court, as all preparations have already been completed," Nizami's son Barrister Nazib Momin was quoted as saying by BSS. The apex court on March 15 released the 153-page judgement after its 4 judges concerned signed the verdict that upheld the Jamaat chief's death penalty for war crimes. International Crimes Tribunal issued a death warrant against the war criminal on the same day. There is a provision of filing a review petition within 15 days after releasing the full verdict. Nizami was given the death sentence on October 29, 2014 on 4 charges and life imprisonment on 4 other charges. He challenged the verdict at the apex court. On January 6, the Appellate Division upheld the tribunal's sentence for the al-Badr chief for masterminding the killing of intellectuals and his involvement in 2 incidents of mass murders of over 500 people in Pabna in 1971. He is the 3rd former minister after Jamaat leader Ali Ahsan Mohammad Mujahid and BNP leader Salauddin Quader Chowdhury to get the death penalty for his notorious role during the war. (source: dhakatribune.com) ************* Punishing ministers a message for all: Supreme Court The Supreme Court has said that its verdict punishing 2 Cabinet members for contempt is a warning for all over undermining the judiciary's dignity. Food Minister Md Qamrul Islam and Liberation War Affairs Minister AKM Mozammel Huq have been found guilty by the apex court on Sunday for their remarks on a war crimes convict's appeal hearing. The 8-member bench led by Chief Justice Surendra Kumar Sinha has slapped a fine of Tk 50, 000 on each. If they don't pay up within 7 days, they will have to suffer a week's imprisonment. Speaking at a discussion on Mar 5, Qamrul called for a new bench that, in his view, should exclude the chief justice to hear Jamaat-e-Islami leader Mir Quasem Ali's appeal. Justice Sinha's displeasure at the work of the International Crimes Tribunal's investigators and prosecutors in the war crimes cases, including Mir Quasem's one, had been interpreted by the minister as a 'broad hint' that the war criminal's death penalty might not be upheld. Mozammel had also criticised the chief justice at the same programme. The verdict, which was given 3 days later on Mar 8, however, upheld the death penalty awarded to the Jamaat leader by the International Crimes Tribunal. But before that, the chief justice along with all of the 9 Appellate Division judges, summoned the two ministers for their comments. The ministers later issued unconditional apologies and sought the court's mercy. But according to Attorney General Mahbubey Alam, the court rejected their petitions as it found the extent of their offences 'far too much'. Before announcing the verdict on Sunday, the chief justice said: "We, the judges of the top court, have evaluated everything meticulously. The reports (ran by media on the discussion where the comments were made) stated many other names. We did not draw proceedings against everyone. "The contempt proceedings against the two ministers was done to send a message." Speaking to the media after the verdict, the attorney general elaborated it. "The message which the Appellate Division wanted to give was that, under no circumstances the judiciary's dignity can be undermined." Asked whether the ministers can still hold offices after being convicted, Alam declined to comment and said as far as he knows the Constitution did not address the matter clearly. "But it's an ethical issue," he said adding that it was up to the Cabinet to decide on the matter. (source: bdnews24.com) PAKISTAN: Worst fears come true for Pakistan's Christians in Easter attack The worst fears of Pakistan's Christians came true with the carnage in Lahore on Easter Sunday, said activists who had braced for a backlash since thousands took to the streets over the execution of a murderer feted as an Islamist hero. Taliban militants said they were targeting Christians with the suicide bombing which killed at least 72 people, nearly half of them children, in a crowded park in Lahore as thousands marked Easter on a warm spring evening. Christian leaders said they had been filled with foreboding ever since the government executed Mumtaz Qadri, who murdered a liberal governor calling for reform of the country's blasphemy laws. Their fears grew when Islamists announced on Friday that they would hold prayers for Qadri over the Easter weekend, four weeks after his hanging. "The Christian community had the feeling that there would be backlash from Qadri's execution, especially on festivals like Easter," said Shamoon Gill, a Christian activist and spokesman for the All Pakistan Minorities Alliance. "We feared that something might happen." The Taliban did not mention Qadri in their claim of responsibility. But the attack came as thousands of his supporters clashed with police in Islamabad, several hundred kilometres away, with activists attacking the government's apparent tolerance of the demonstrators. "People are calling for an assassin to be declared a hero and the government is giving them space," said Cecil Shane Chaudhry, executive director of the National Commission for Justice and Peace, a Christian NGO. - Persecution - Sunday's blast was the latest in the "long history of persecution of Christians in the country", leading human rights activist Hussain Naqi told AFP Monday. In Rome, Pope Francis appealed to Pakistani authorities to step up security for religious minorities after the "abhorrent" suicide bombing. Christians are frequently the target of militant attacks, including a double suicide bombing that killed 82 people at a church service in Pakistan's northwestern city of Peshawar in 2013. They also often face discrimination at work and routinely fall victim to the blasphemy laws, which rights groups say are often used to wage personal vendettas. Blasphemy can carry the death penalty in Pakistan and is a hugely sensitive issue in the Muslim nation of around 200 million. Even unproven allegations can stir mob violence. Christians, who make up 1.6 % of the population, are often the target. "We are teaching our kids a distorted, rather false history where the mullah is pious and the minorities are evil, and this is a very dangerous trend," Naqi said. "It's not only with Christians, we are doing the same with Hindus and Ahmadis and that's why they take every possible step -- either legal or illegal -- to leave the country." Chaudhry agreed. "There is a growing sense of insecurity among minorities in Pakistan, and whoever is not a Muslim is not safe in this country," he said. Activists pointed to officials who appeared to dismiss the militants' statement they were targeting Christians, accusing them of downplaying the threat. "The target was not the Christian community in particular," senior police official Haider Ashraf told AFP Monday despite the Taliban statement, adding that Muslims were among the dead. Naqi branded the statement a "cover-up" and said the government was in denial, "trying to downplay the incident to hide its own failure at protecting Christians and minorities". On Monday around 3,000 of Qadri's supporters were still holding a sit-in near main government buildings in Islamabad. Their demands include the execution of Asia Bibi, a Christian mother-of-five who has been on death row since she was convicted of blasphemy in 2010. They are also calling for Qadri to be officially declared a martyr and want the immediate imposition of Sharia Islamic law. "Didn't the government know what their demands would be? Why did the government not stop them?" asked Chaudhry. (source: Daily Mail) MALAYSIA: Duo plead not guilty to alternative charges over Kevin Morais' murder 2 of the 7 men charged with alleged involvement in the murder of Deputy Public Prosecutor Datuk Anthony Kevin Morais have been offered 1 alternative charge each by the prosecution. College student S. Nimalan was offered a charge under Section 201 of the Penal Code with assisting to hide Morais' body and destroying a vehicle bearing plate number WA 6264 Q with intention to protect 6 other co-accused from prosecution. The offence was said to have committed between Jalan Dutamas 1 here and the oil palm plantation in Kampung Sungai Samak, Hutan Melintang, Hilir Perak, between 7am on Sept 4 and 2am on Sept 5 last year. Unemployed A.K. Thinesh Kumar was offered a charge of culpable homicide not amounting to murder under Section 304(a) of the Code. He allegedly committed the offence during the journey from Jalan Dutamas 1 here to No. 20, Desa Mentari in Petaling Jaya between 7am on Sept 4 and 11.30am on Sept 5 last year. Nimalan and Thinesh, both 22, pleaded not guilty to the alternative charges. High Court judge Justice Azman Abdullah said the 1st day of trial, which was fixed on April 6, remained. When met by media after the court proceedings Monday, Deputy Public Prosecutor Abdul Razak Musa said the alternative charges that were offered to Nimalan and Thinesh were based on the facts and their role in the case. On Jan 27 this year, army pathologist Col Dr K. Kunaseegaran, 52, was charged in the High Court with abetting in the murder of Kevin, 55, under section 109 of the Penal Code, read together with section 302 of the same Code. 6 people - G. Gunasegaran, 47, R. Dinishwaran, 23, Thinesh, M. Vishwanath, 25, Nimalan and debt collector S. Ravi Chandaran, 44 - were jointly charged with the murder of Morais between 7am and 8pm from Jalan Dutamas Raya to Jalan USJ 1/6D on Sept 4 last year. They faced the mandatory death penalty, if convicted under section 302 of the Penal Code. Morais went missing on Sept 4 after leaving his residence in Menara Duta for work in Putrajaya in a grey Proton Perdana. His body was discovered cemented in an oil drum on Sept 16, which was dumped into a swampy area in Subang Jaya near here. (source: The Star) IRAN: Call to save a young man on the verge of execution ---- He was under 18 at the time of arrest The Iranian Resistance calls for urgent action to save the life of Himan Uraminejad, a 21-year-old Kurdish prisoner, who at the time of the alleged crime was under 18 and is now on death row, and demands effective action by international human rights authorities to stop this brutal sentence. There are 110 prisoners on death row in Sanandaj prison. In addition to Himan, a number of others were less than 18 years old at the time of their alleged offense. Yousef Mohammadi, 20, was 14 years old at the time of the offense. Siavosh Mahmoodi and Amanj Hosseini (Oveyssi) were arrested at the age of 17. The UN Children's Rights Committee consisting of 18 experts, on February 5, 2016 issued a report on the continuing execution of juveniles by the clerical regime in Iran, and called the regime's inhumane policies and laws against children, especially girls, a violation of international standards and condemned it. The committee noted that based on the regime's laws, execution of even 9-year-old girls is permitted for the charges attributed to them ... the regime in Iran continues to execute juveniles. The head of the committee said that because of secrecy, there is no statistics on the number of executed and imprisoned children and juvenile offenders in Iran. ************ Relatives of Iran's executed dissidents expelled from cemetery Relatives of the victims of Iran's 1988 massacre of political prisoners have sent a report from their attempt to visit their loved ones' mass grave in Khavaran Cemetery, south-east of Tehran. The sister of one of the martyrs of the People's Mojahedin Organization of Iran (PMOI or MEK) writes: "On the final Friday of the [Iranian calendar] year on March 18, I went to Khavaran. I just had enough time to spread the flower petals from the flowers in the vase I had taken there on the canal. The authorities quickly expelled us." Iran's fundamentalist regime routinely prevents the families of executed political prisoners from commemorating the death of their loved ones. Some 30,000 political prisoners, primarily affiliated to the main democratic opposition PMOI (or Mujahedin-e Khalq) were executed in the summer of 1988. 1 month after Ruhollah Khomeini was forced to accept a cease-fire in his 8-year war with Iraq, the fundamentalist ruler of the mullahs' regime ordered a mass execution of all political prisoners affiliated with the main opposition group PMOI (MEK). The brutal prison massacre has been described by some international human rights lawyers as the greatest crime against humanity that has gone unpunished since the Second World War. Near the end of the Iran-Iraq war, Khomeini who felt that defeat was imminent, decided to take his revenge on the political prisoners. He issued a fatwa (or religious decree) ordering the massacre of anyone who had not repented and was not willing to collaborate fully with the regime. Khomeini decreed: "Whoever at any stage continues to belong to the Monafeqin (PMOI) must be executed. Annihilate the enemies of Islam immediately." He added: "Those who are in prisons throughout the country and remain steadfast in their support for the PMOI are waging war on God and are condemned to execution...It is naive to show mercy to those who wage war on God." The Iranian regime has never acknowledged these executions, or provided any information as to how many prisoners were summarily killed. Young girls, old parents, students, workers, and many of those who had already finished their sentences prior to 1988 were among those who vanished in the span of a few months. Their bodies were dumped into mass graves, including in Khavaran Cemetery. Khomeini had assigned an "Amnesty Commission" for prisoners. In reality it was a "Death Commission: comprised of the 3 individuals: A representative of the Ministry of Intelligence, a religious judge and a prosecutor. Most trials lasted for just a few minutes and resembled more of an interrogation session. The questions were focused on whether the prisoner still had any allegiances to the PMOI, whose supporters made up more than 90 % of the prisoners. If the prisoners were not willing to collaborate fully with the regime against the PMOI, it was viewed as a sign of sympathy to the organization and the sentence was immediate execution. The task of the Death Commission was to determine whether a prisoner was an Enemy of God or not. In the case of Mojahedin prisoners, that determination was often made after only a single question about their party affiliation. Those who said "Mojahedin" rather than the derogatory term "Monafeqin" (meaning hypocrites) were sent to the gallows. None of the perpetrators of the 1988 massacre of political prisoners in Iran and none of the regime's senior officials including the Supreme leader, Ali Khamenei, have been brought to justice to date. (source for both: Secretariat of the National Council of Resistance of Iran) ***************** Iran's Executions and Human Rights Abuses Hit 27 year high The Islamic Republic hit the highest rate of executing people since 1989. The official number indicates that Iran executed nearly 2 times more people in 2015 in comparison to 2010 when the hardline president Mahmoud Ahmadinejad was in office, as well as roughly 10 times more than the number of executions in 2005. Approximately 1000 people were executed in 2015, according to the latest report from the United Nations investigator, Ahmed Shaheed, the special rapporteur for human rights in Iran. The unofficial number is higher. The peak of the executions in 2015 was between April and June in which nearly 4 people were executed every day on average. Most of the executions were carried out in prisons located in urban areas such as Ghezel Hesar and Rajai Shahr in Karaj, and Adel Abad in Shiraz. Iran has surpassed China in the number of executions being carried out per capita. Most of the executions in Iran are being done by hanging. In addition to the alarming increase in executions, fundamental rights of Iranians and ethnic and religious minorities appear to have regressed in 2015 as well. In addition, this year witnessed the highest level of disqualification of political candidates, 61 %, since the establishment of the Islamic Republic, 1979. Who and Which Groups are Being Mainly Targeted Iranian authorities claim that these executions are overwhelmingly related to drugs offenses. Nevertheless, many of the executions were linked to other issues. Only around 65 % of those who were executed, were charged, with violating Iran's narcotics law. In other areas, according to Amnesty International, the Islamic Republic remains a leading executioner of minors. Currently, 160 juvenile offenders are on Iran's death row. Other human rights groups also believe that Iran has executed more juveniles than any other country. Michael G. Bochenek, senior counsel of the children's rights division at Human Rights Watch pointed out "Iran is almost certainly the world leader in executing juvenile offenders." Some articles in Iran's criminal code allows girls as young as 9 and boys as young as 15 to receive death sentences. In addition, ethnic and religious minority communities, including the Sunni, Arabs, and Bahai continue to be systematically targeted and discriminated against. Iran's Sunni are the largest minority in the country. Some of the discrimination that the Sunnis have suffered, according the UN report, are that the Sunni communities in Iran "have long complained that Iranian authorities do not appoint or employ them in high ranking government positions such as cabinet-level ministers or governors. They have also raised concerns regarding reported restrictions on the construction of Sunni mosques in Shia-majority areas, including the capital Tehran, and the execution or imminent execution of Sunni activists the government alleges were involved in terrorist-related activities." Other groups include journalists, artists, writers, musicians, and human rights activists who witness arbitrary arrests, detentions and prosecutions. Amnesty International and the United Nations do not have executive power to force Iran to reform its law or hold Iranian leaders accountable, but the UN can offer recommendations such as the latest one in which Iran is asked to "take the necessary steps to ensure and that it citizens fully enjoy the rights and freedoms awarded to by the Iranian constitution with special emphasis on the right to freedom of expression, the right to political activity and their right to assemble". According to Nazanin, an Iranian lawyer based in Karaj, "Iran's judiciary and parliament will ignore these recommendations and not follow up with them". Rouhani's Pledges One of Rouhani's main promises was to promote and reform restrictive law in relation to civil liberties and social justice. "The situation has not changed since Rouhani came to power. They only talk about their victory with regards to the nuclear deal, while a lot people and religious minorities face daily discrimination", Morteza, an Iranian teacher in city of Esfahan pointed out. When it comes to number of people being executed as well as the rights of ethnic and religious minorities, Iran's president would not change the status quo regardless of whether he is being presented as a moderate or hardliner. The major institutions which have power over these matters are the judiciary system (its head is appointed by the Supreme Leader, Ayatollah Ali Khamenei), the ministry of Intelligence, the office of the Supreme Leader, the Revolutionary Guards, and paramilitary groups such as the Basij. In order to preserve his own interests and power, an Iranian president will not stand against these powerful political establishments, and will support the ruling political establishment. In fact, the number of executions increase and rights for ethnic and religious minorities appear to deteriorate when the Islamic Republic has "moderate" or "reformist" president. The above institutions tighten the rules in order to send a message to the Iranians that a non-hardline president does not mean that the country is liberalizing its politics. (source: Dr. Majid Rafizadeh is an American political scientist, business advisor and the president of the International American Council on the Middle East. Harvard-educated, Rafizadeh serves on the advisory board of Harvard International Review. An American citizen, he is originally from Iran and Syria, lived most of his life in Iran and Syria till recently. He is a board member of several significant and influential international and governmental institutions; Huffington Post) ISRAEL: Killing an injured terrorist may be wrong, but it isn't murder either----The killing of an injured terrorist in Hevron poses a difficult moral dilemma - but in grappling with it we must not lose our perspective. What to make of the controversy surrounding the killing of an injured terrorist in Hevron by an IDF soldier last week? While many on both sides of the debate see it as a straightforward issue - "he is a murderer" versus "he is a hero" - the reality is far more nuanced. On the one hand, morally-speaking the soldier most certainly is no murderer. An armed terrorist who comes in order to kill and hoping in the process to achieve "martyrdom" can hardly be described as a "victim." I'll go further still: he deserved to die. Him and all the others like him; those motivated by a genocidal, Nazi-like bloodlust to murder and maim as many Jews as possible. These are no innocent victims but jihadist terrorists, murderers and degenerates of the worst kind - whether they ultimately succeed in killing or not. Were it not for the heavy concentration of soldiers in Hevron, Judaism's 2nd-holiest city, the terrorist would surely have targeted civilians, as many others have. Men, women and children; civilians, police officers and soldiers; pregnant women, the elderly and the disabled; mothers, fathers, rabbis, nurses, teachers and students; peaceful worshippers at prayer - all of these are considered fair game to the Arab and Islamic chauvinists for whom the very notion of Jewish empowerment and independence, Zionism, is considered a most grievous "provocation." The only essential difference between the knife/gun/car/ax-wielding Arab terrorist who stalks the streets looking for Jews to kill in 2016, and the machine-gun-wielding guard at a Nazi concentration camp in the 1940s, is that while the latter's Jewish victims were mostly powerless to resist, the former's are - to his great misfortune - a very different breed of Jew indeed. So please, spare me the faux outrage. And no, the video did not disturb me - far more disturbing are the videos and pictures of murderers being given free treatment at Israeli hospitals at tax-payers' expense. To know that a man or woman who robbed a family of a loved one, who left orphans, widows and grieving parents behind, or left innocent people with life-changing injuries, will be pampered and treated using my taxes is a far more sickening prospect than a jihadist killer getting his just desserts. And yet, at the same time, the prospect of a soldier carrying out a field execution - if that is indeed what occurred (which, though you would believe otherwise from some of the media coverage, has still yet to be determined) - poses a very disturbing problem. In a rule-of-law society it is the courts who must mete out justice to criminals; not soldiers, not police officers and not civilians - no matter how enraged or wronged they are. For the record, I am personally a supporter of the death penalty, at least in cases of terrorist murderers. I believe that such a punishment is not only fundamentally the only just one for premeditated murder, but that it would serve as a deterrent - even to those who attack with the intention of dying in the process. It's one thing to be killed in a blaze of (in)glory during the course of an attack, quite another to die alone, as a common criminal, staring at the hangman's noose. But allowing individuals to exact "justice" in the field is the start of a slippery slope which could well lead to a total breakdown in law and order, with terrifying consequences for the general public. If such authority is granted to the army or police - let alone private citizens - Israel could quickly descend into the dark, savage anarchy engulfing many of our neighbors, where the rule of the gun (or sword) is the only real authority, and blood-vengeance, death squads and summary executions affect the innocent and guilty alike. Worse still, such authority could easily be abused by those in power in unthinkable ways. It could be the death-knell of Israeli democracy. It is worth pointing out that the law and order argument, too, is a nuanced one. Take the recent stabbing in Petah Tikva: putting aside the fact that in that case the terrorist was not yet neutralized and therefore still posed a potential danger anyway - automatically justifying his victim's subsequent heroic actions - should a stab victim pulling the knife from his neck and killing the terrorist who attacked him with it in retribution - even if he was already neutralized - be subsequently punished? Personally, I would recoil from such a notion, and it would take a particularly heartless, morally-bankrupt judge to seriously consider punishing a victim in such a way. Yet the case last Thursday was markedly different: the soldier who fired the fatal shot was not injured and the terrorist in question was lying mortally wounded on the ground. Angry though he may understandably have been over the preceding attack which injured his comrade, he was not himself the victim. The only legitimate justification (and for his part this is the soldier's version of events) would be if he believed the terrorist still posed some kind of threat, for example by carrying a concealed explosive device. This is not impossible - in at least one attack terrorist knifemen also used improvised explosives - but whether that was the soldier's true motivation is for the military court to decide. It is of course the IDF's duty to try the soldier in question and, if it is determined that he broke the rules of conduct, he should be punished accordingly. But there is something very disturbing in the way the case has played out in parts of the media. I'm not talking about the trial by media which is, unfortunately, an all too common phenomenon - rather, I refer to the way in which we are being subtly robbed of our moral compasses without even knowing it. Consider, that when a Palestinian terrorist stabs a pregnant woman, or stabs a mother or father to death in front of her or his children, or guns down parents in front of their children, or stabs and slashes scores of innocent passersby, it is forgotten within a day or two, and certainly receives little critical analysis or direct criticism of Palestinian society and the terrorism it breeds. It's just one of those things; maybe it's even Israel's fault. In some cases - and it has happened far too often to be anything other than a concerted editorial position - news articles will either whitewash the act of evil committed or even go so far as to equate the victims and their killers, or highlight the "suffering" not of the victims' families, but of the families of the Palestinian "martyrs". Much in the same way as the Duma attack was the focus of so much more outrage, international criticism and self-flagellation by Israel and Jews everywhere, there are those who would have us approach the events in Hevron last Thursday as somehow more outrageous than the attack which preceded it. Well, it wasn't. In fact, after half a year of daily attacks (and decades of brutal terrorism before that), that one soldier may have lost his calm and shot a would-be murderer in the head is far less worthy of outrage than the daily acts of Arab terror we have sadly become inured to. If anything, we should give pause for thought to just how few such incidents have occurred in spite of the huge pressure and constant dangers faced by IDF soldiers. To those who answer with the predictable "we should be better than them," I would say that - apart from being a fundamentally racist sentiment (why are "we" better than "them"?) - I personally have no desire to be held to a "higher standard" than anyone else. "Higher standards," too, are a form of racism, particularly when - as is the case with Israel in the kangaroo court of international opinion - they magically apply only to our obligations, but afford us no greater rights or legitimacy. So, as Israel navigates the difficult yet crucial task of enforcing the rule of law even on the complex and morally challenging battlefield, we must resist the urge to leap to uninformed conclusions, as well as the groupthink which pushes us to sympathize with the terrorist as a victim, and to view the soldier as a cold-blooded killer. What happens subsequently is up to the military court to decide, and we should be proud of the State of Israel for that. (source: Op-Ed; Ari Soffer----The writer is the Managing Editor of Arutz Sheva English----Israel National News) SCOTLAND: Mother of tragic teen signs petition calling for murderers and rapists to face death penalty CAMPAIGNERS on the Change.org page are calling for convicted criminals such as paedophiles to be executed if forensic evidence shows a person is 100 % guilty. THE mother of tragic teenager Paige Doherty has signed a petition calling for murderers and rapists to face the death penalty. The Change.org page calls for convicted murderers, paedophiles and rapists to be executed if forensic evidence can guarantee a person is 100 % guilty. It also demands tougher sentencing for killers and rapists, claiming that prisons "seem like a holiday camp". The petition comes just days after 15-year-old Paige's body was found in a wooded area just off Glasgow's Great Western Road. Her devastated mum, Pamela Munro, signed the petition on Saturday writing "#justiceforpaige". Since being created 2 days ago it has already had more than 20,000 signatures. The online document states: "Bring back some sort of death penalty to convicted murders, paedophiles, and rapists. "If Forensics can 100% guarantee that a person is guilty for the crime then why should the hard working people of the UK pay our taxes to put a roof over their head, food in their stomach, a job, an education, and all other luxuries you can get in prison these days. "Prison is for punishment and these days it seems like a holiday camp. "Too many people are suffering horrific crimes for these evil sick twisted people and it's time we put a stop to it. "We are scared to walk our streets and let our children play outside without adult supervision. "Our crime rate for rapes and murders are at an all time high. "Men, women and children are all being victimised by rape and even worse, murder. "Innocent people do not ask to have such atrocities to happen to them. "Things have to change and if we bring back the death penalty there will be a drop in the crime rate that our country has." Dozens of Paige's friends and colleagues left messages of support for the petition and for Paige's family. Amy Strawhorn wrote: "I was Paige's boss. So tragic." Lorna Jane Anderson said: "Something needs to be done to protect our children." ? And Lynn Banks wrote: "You take someone's life, you don't deserve to be living yours." Paige's body was found in a wooded area in Glasgow's West End last Monday after going missing two days before. (source: dailyrecord.co.uk) GLOBAL: The death penalty: Bad in U.S., atrocious in other countries The debate about putting someone to death for committing a crime is an issue often raised in criminal justice conversations. Regardless of which side of the discussion we take, we Americans have some sense as to which crimes are appropriate for death penalty consideration. Our laws and our public view is that murder is on that short list. Contrast our view with others around the world. Others elsewhere view life differently, sometimes considerably so. For example, there are people and countries that applaud and encourage suicide bombings. It is not hard to understand, then, where they may be coming from when an individual does something they consider criminal. There are also countries that will kill you if you are a homosexual or if you voice criticism against the government. In some countries you can be put to death if you are an adulterer or even if you are convicted of theft. While the list of countries that allow and use the death penalty continues to decrease - as of July, 2015, according to Amnesty International (AI), 140 countries have legally abolished the death penalty or have effectively abolished it despite laws still on the books - what, in some countries, constitutes a crime that can trigger the death sentence is frequently unfathomable. In the United States of America, being involved in the death of another person is almost a de facto prerequisite for getting the death penalty. Another death penalty crime is treason, which remains on the books in the Federal system and in some states as well. Everyone in the U.S. who has been executed since the death penalty was reinstated in 1976 participated in a crime in which at least one victim died. In most of these cases, the individual executed directly killed the victim. A small number of death sentences have been carried out where the defendant ordered or contracted with another person to carry out a murder. Some death sentences have been carried out where the person executed participated in a felony during which a victim died at the hands of another participant in the felony. Elsewhere around the world: --Death sentences can follow convictions for homosexuality in Afghanistan, Brunei Iran, Iraq, Nigeria, Saudi Arabia, Somalia, Sudan, in the United Arab Emirates and in Yemen. --Convictions for perjury and treason can result in death sentences in Algeria, Bahamas, Bangladesh, Barbados, Belarus, Botswana, Central African Republic, Cuba, Egypt, Ethiopia, Ghana, Guyana, Israel (high treason), Japan, Kenya, Laos, Libya, Nauru, North Korea, New Guinea, Peru, Saint Lucia, Sierra Leon, Singapore, South Sudan, Sudan, Swaziland, Syria, Tanzania, Tonga, Trinidad and Tobago, United Arab Emirates, the United States, Vietnam and Zambia. --A conviction for espionage can result in death in Algeria, Cameroon, Central African Republic, Iran, Peru, Qatar, the United States, Vietnam and Syria. --Corruption is a death penalty crime in China, Cuba and Iran. --Fraud is a death penalty offense in China and Vietnam. --Stealing something can get you executed in Algeria, North Korea, Saudi Arabia and Syria. --Adultery can result in the death penalty in Brunei, Saudi Arabia, Somalia, Yemen and Syria. --A woman and her 2 daughters are being held in Papua, New Guinea on charges of sorcery. The death sentence may follow if they are convicted. --Last November a Saudi Arabian court sentenced a Palestinian poet to death for apostasy, defined as the act of abandoning his Muslim faith. --Saudi Arabia (AI reports) continues to impose the death sentence on individuals under the age of 18, violating child human rights laws. But the death sentence cannot be justified. --Around the world, some countries with absurdly unfair justice systems (such as China, Iran, Iraq) employ the death sentence after conducting unfair trials, when "confessions" are extracted through torture, and to punish political opponents. The death penalty in such countries is often used as a tool of repression, a quick way to silence political opposition. Frequently, those accused do not have lawyers representing them. --It is discriminatory, particularly in the United States, when being poor or being a member of an ethnic or a religious minority is much more likely to result in a death sentence. This fact is the result of still blatant discrimination as well societal factors. Poor people and those in marginalized groups have less access to the legal resources that are necessary for them to defend themselves. Amnesty International keeps statistics on executions around the world. They rank China the most prolific state executioner, despite the Chinese government's efforts to suppress the numbers. AI uses media sources and human rights groups, rather than official government sources to estimate the number of executions in China. Executions in China can follow convictions for drug trafficking and for other offenses that would not trigger death sentences in the U.S. Apparently China does not discriminate by class, according to AI. Recently a billionaire was executed for running a criminal gang. AI statistics place Iran, Iraq and Saudi Arabia in 2nd to 4th places in number of annual executions worldwide last year. The U.S. is currently number 5. Beyond the debate about whether the death penalty should be allowed, many states in this country are struggling with the method of execution. The supply of lethal drugs, limited now for many years for a number of reasons, has resulted in alternate methods of execution being considered, which could be used if lethal injections are ruled unconstitutional or if a state cannot obtain the necessary drugs. As for other methods under consideration, the Mississippi House wants to use firing squads. Oklahoma would pursue electrocution or a firing squad. Wyoming would use the gas chamber and Tennessee would use electrocution. Utah is the only state that has executed 3 men by firing squad, the most recent example occurring in 2010. Countries that do execute individuals they define as "criminals" employ methods we Americans would never consider: beheading, shooting in the back of the head, and hanging. Saudi Arabia has conducted an execution by crucifixion. Has anyone asked the current crop of Presidential candidates if they would support a death penalty ban? To take a life when a life has been lost is revenge, not justice. -- Desmond Tutu (source: Paul A. Samakow is an attorney licensed in Maryland and Virginia, and has been practicing since 1980----commdiginews.com) From rhalperi at smu.edu Mon Mar 28 17:08:05 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 28 Mar 2016 17:08:05 -0500 Subject: [Deathpenalty] death penalty news-----TEXAS, KAN., OKLA., CALIF. Message-ID: March 28 TEXAS----impending execution Former US Marine who gunned down daughters as mother listened on phone to be executed tomorrow A 60-year-old former US Marine is set to die by lethal injection tomorrow for gunning down his 2 young daughters as their mum listened on the phone. John Battaglia sprayed Faith, 9, and Liberty, 6, with bullets from his .45 caliber pistol in his home's loft in the town of Livingston, Texas, on May 2, 2001. He had picked them up for a regular custody visit on the day he learned there was a warrant out for his arrest for violating probation, which he was serving after being convicted of assaulting his ex-wife. She called police because he had left an abusive message on her phone. "Mommy, why do you want Daddy to have to go to jail?" Faith asked her mother Mary Jean Pearle before she died. Then Ms Pearle heard Faith say: "No, Daddy, please don't do it." The horrified mother heard gunshots, followed by Battaglia screaming: "Merry f*****g Christmas". More gunshots followed. Battaglia then went to a nearby tattoo parlour and had 2 roses - representing the 2 daughters he had just gunned down - inked on his arm. It was there he was arrested by police. In a chilling death row interview with the Dallas Morning News , he said: "I don't feel like I killed them." He spoke fondly of his daughters, calling them "your best little friends, nicest little kids." But, chillingly, when asked what he feels about their death, he said: "Why would I worry about where they are now? "We're all here; we're all gone at the same time. I'm not worried about it." Battaglia will be the 6th Texan executed this year, and the 537th since the state reinstated the death penalty in 1976. (source: The Mirror) KANSAS: Prosecutor recommends death penalty for Kyle Flack's 'wicked, shockingly evil and vile' murders----Jurors will decide between death penalty or life in prison A Franklin County jury learned Monday morning it would hear testimony on whether to sentence Kyle T. Flack to life in prison or to impose the death penalty. Flack was convicted last week of capital murder, 2 counts of murder, and criminal possession of a firearm, all related to the shooting deaths of 4 people, including an 18-month-old toddler. Senior assistant attorney general Vic Braden told jurors the prosecution would present three aggravating circumstances to justify the death penalty: -- Flack was convicted of attempted 2nd-degree murder in the May 2, 2005, shooting of another man. -- Flack killed more than 1 person: Kaylie Bailey, 21, and her 18-month-old daughter, Lana. -- The killings of mother and daughter were done in an "especially heinous, atrocious or cruel manner," Braden said, and what Flack did was "extremely wicked, shockingly evil and vile." Later Monday morning, the defense was set to recommend jurors choose life in prison. (source: Topeka Capital-Journal) OKLAHOMA: Former Gov. Henry To Lead Expert Panel Examining Death Penalty Procedures A dozen Oklahoma attorneys and business leaders are donating their time to independently review Oklahoma's capital punishment practices. Former Oklahoma Gov. Brad Henry is co-chairing the Oklahoma Death Penalty Review Commission. "Oklahoma has an opportunity to lead the nation by being the 1st state to conduct extensive research on its entire death penalty process, beginning with an arrest that could lead to an execution," Henry said in a press release. Former Oklahoma Court of Criminal Appeals and Assistant District Attorney of Canadian County Reta Strubhar and Andy Lester, a former U.S. Magistrate Judge for the Western District of Oklahoma, chair the commission with Henry. "Our goal is to provide a resource for Oklahomans to allow them to make informed judgments about our state's capital punishment system that, we hope, will benefit both Oklahoma and the country as a whole," Henry said. Local leaders like former House Speaker Kris Steele and Dean Emeritus of the University of Oklahoma's College of Law Andrew Coats are also part of the Commission. The findings will be part of the 1st-ever bipartisan and independent review of the state's capital punishment system. A comprehensive report is expected in early 2017. (source: KGOU news) CALIFORNIA: Cop describes Motel 6 shoot-out that killed Sacramento deputy ---- A preliminary hearing is scheduled to begin Monday, March 28, 2016, for Luis Monroy Bracamontes, who is accused of killing 2 Sacramento-area deputies in October 2014. The defendant's odd behavior, off-kilter pronouncements and blurted admission of guilt at an earlier court appearance have created a strange air around the case. With the defense continuing to insist their client is too mentally ill to stand trial, a prosecutor began presenting evidence Monday on why Luis Enriquez Bracamontes should face a death penalty trial for the slayings of 2 deputies in October 2014 in Sacramento and Auburn. The 1st witness in Monday's preliminary hearing described the dramatic shootout that killed Sacramento Deputy Danny Oliver and set off a daylong orgy of violence. Sacramento Sheriff's Sgt. Scott Swisher testified that he interviewed Oliver's partner, Deputy Scott Brown, after the shooting that began in a Motel 6 parking lot near Arden Fair Mall. "Scott Brown was extremely upset," Swisher testified under questioning by Sacramento prosecutor Rod Norgaard. "He was crying, sobbing." Swisher, the 1st of 17 witnesses scheduled to testify in a hearing expected to last through Friday, said Brown described that Friday shift as starting off in a routine fashion. The 2 deputies delivered a parolee to the Main Jail downtown and stopped by the District Attorney's office to drop off a warrant request. Then, Brown told Swisher, the pair drove off on Highway 160, exited onto Arden Way and headed for the motel, where the veteran deputies frequently patrolled what was known as a high-crime area and where Brown had patrolled at least 100 times before. Oliver was driving and pulled into the lot as the deputies ran license plates to check for violations. As they pulled around to the rear of the motel on the south side of the lot, they spotted a blue, 4-door Mercury parked in a stall with the trunk lid up. "2 in a car," Oliver said to his partner as a warning. Both men got out, with Brown approaching the passenger side until a woman emerged from the car and shut the trunk lid. Brown ordered her back into the car and suddenly heard a gunshot from the front of the car. Brown said he didn't see his partner but realized a man in the car was firing at him repeatedly with a handgun, and he returned fire with his Glock 9 mm pistol, Swisher testified. "He said he fired 7 or 8 times," Swisher said, adding that detectives later determined Brown had fired 13 times. Such errors are common when officers are questioned about the number of times they fire when being shot at, Swisher said. Brown radioed for help 5 or 6 times, and during the shootout he saw the gunman switch weapons and begin firing at him with an AK-47-style rifle, Swisher said. "When he saw the front sight of that rifle, he knew he was outgunned," Swisher said. The pair in the vehicle fled, leaving Brown with his dead partner, who never unholstered his weapon, Brown told Swisher. As the testimony continued and photos of Oliver were shown on the screen - as well as a photo of the blood-stained parking lot where Oliver died - Bracamontes sat at the defense table grinning and smiling at times. His lawyers, who have argued that a Bracamontes is too mentally ill to face trial, Monday asked for a continuance as they appeal to the state Supreme Court. "The situation has not improved, and in our opinion it has declined," defense attorney Jeffrey Barbour argued. Sacramento Superior Court Judge Steve White rejected that request, saying the high court could order a stay if justices wanted to postpone the case. A 2nd witness, sheriff's Detective Cathy Crowley, testified that a witness she interviewed called 911 after hearing gunshots at the motel. Crowley said she interviewed a Cal Expo worker, Jose Urena, who had stopped at a nearby Chevron station to gas up his box truck. Urena told Crowley that he was driving past a cinder-block wall in the parking lot separating the motel from a nearby domed movie theater when he heard loud sounds. "He heard 3 loud pops," Crowley said of Urena. "He wasn't sure if it was gunfire or fireworks." Urena told Crowley he could see over the cinder block wall into the parking lot and saw a gunman. "He saw the gunman standing outside a vehicle and he saw an officer lying on the ground," Crowley said under questioning from Sacramento prosecutor Rod Norgaard. Urena also told Crowley that he saw the gunman "firing nonstop" at another officer in the parking lot, and that he sped away and called 911. Later, Crowley said, Urena picked 2 people out of a photo lineup as possibly being the gunman: one was a "filler" used in the lineup who was not related to the crime, the other was Bracamontes. A 3rd witness, sheriff's Sgt. Michelle Hendricks, told Norgaard that she later interviewed a witness who called 911 after seeing a man with a gun in a car near Cal Expo. The woman told Hendricks she was in a Honda Pilot when she saw a man in a car next to her preparing to make a left turn from Ethan Way onto Exposition Boulevard, heading away from the motel to Business 80. Looking down, the woman saw an assault-style rifle in the front seat that the man was trying to hide under the a towel, the witness told Hendricks, and after the man made eye contact with her, he threw his car into reverse and instead turned right onto Arden Way headed toward Howe Avenue. A 4th witness on Monday afternoon described the injuries suffered by Anthony Holmes, a Sacramento man who was gravely hurt when Bracamontes allegedly tried to commandeer his car after Deputy Oliver was killed. Sheriff's Sgt. Dennis Prizmich, who interviewed Holmes several times after the shootings, said he first visited the victim at UC Davis Medical Center, where Holmes was in critical condition with a bullet wound through his face and others through his wrists. A photo of Holmes - in his hospital bed with a series of medical staples holding his neck together and stitches along his jawline - was broadcast on the wall of White's courtroom as Prizmich testified. Holmes told the sergeant that he was on his way to a 10:45 a.m. doctor's appointment on Spanos Court near the Motel 6. He pulled into the doctor's office parking lot, choosing a shady spot, Prizmich said, when a light blue car that he thought was a police vehicle pulled up diagonally to his vehicle. Holmes initially thought he was being pulled over by police, Prizmich said, but then a man got out of the vehicle and demanded his car. "I don't know you," Holmes replied, according to Prizmich. "The suspect smiled at him, grinned at him, and then shot him," Prizmich said. Holmes told Prizmich the gunman shot at him 6 or 7 times. He identified Bacamontes from a photo lineup presented to him in the hospital by Prizmich, who showed him 6 photos from a Manila envelope with Bracamontes' photo last. Holmes still could not speak because of his injuries, but when Prizmich showed him the final photo Holmes recognized his assailant, Prizmich said. "Mr. Holmes tapped on the picture," Prizmich said. "He mouthed the words, 'That's him,' and I repeated it." (source: Sacramento Bee) From rhalperi at smu.edu Mon Mar 28 17:09:10 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Mon, 28 Mar 2016 17:09:10 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 28 INDONESIA: MP calls for immediate execution of drug convicts on death row A lawmaker has called for immediate execution of drug convicts on death row to help combat the spread of illicit drug trafficking. "We ask the Indonesian president to implement the decision on the execution of drug convicts on death row soon to stop drug trafficking in this country," MH Said Abdullah of the Indonesian Democratic Party of Struggle (PDIP) faction at the House of Representatives (DPR) said here on Sunday. Abdullah was responding to pressure from ulemas in Madura island who are grouped in the forum of ulemas from Islamic boarding schools in Madura island. He believed that jailed drug dealers have masterminded part of illicit drug trafficking in the country from behind bars. If the drug offenders are not executed immediately, illicit drug trafficking will fearfully spread due to the fact that part of the illicit drug trafficking is controlled from behind bars, he said. "Indonesia is a sovereign state and that it does not need to listen to pressure from other countries with regard to the delayed execution of drug convicts on death row," he said. He said the ulemas' call for immediate execution of drug convicts on death row is realistic idea. "Politically, we, the legislative body, will convey it to the Indonesian president," he said. Many drug convicts on death row are waiting for their execution. The National Narcotic Agency (BNN) said recently 55 drug convicts had been sentenced to death, 14 of whom were now awaiting their execution. Last year Indonesia put to death 14 drug convicts, including 2 Australians, who were part of the so-called Bali Nine group, Myuran Sukumaran and Andrew Chan. President Joko Widodo (Jokowi) has declared that the nation is in a state of emergency over drugs. (source: republika.co.id) IRAQ: Indian Catholic Priest Crucified by Islamic State on Good Friday In a gruesome act of violence, the Islamic State crucified a Catholic priest according to a report in a foreign leading daily According to reports an Indian Salesian priest Reverent Thomas Uzhunnalil was abducted in Yemen when a nursing home was raided in March. The execution of the priest is said to have been carried out by the Islamist sect in the same treatment the Romans carried out on Jesus, to mark Good Friday. Rev. Thomas Uzhunnalil initiated diplomatic efforts since the killing of 16 Christian nuns and nurses by gunmen on March 4. The gunmen had entered the nursing home after killing the Yemeni guard and fired at 15 other employees before abducting Uzhunnalil to an undisclosed place. Bishop Paul Hinder, the head of Catholic Church in Yemen stated that the missionary home was subjected to innumerable threats in the past, but they refused to vacate. The slained nuns were already honored as martyrs by Pope Francis. External Affairs Minister Sushma Swaraj yesterday stated that the government was taking desperate steps to rescue the priest. (source: newindianexpress.com) TAIWAN: Murder of 4-year-old girl stirs death penalty debate The brutal beheading of a 4-year-old girl in an apparent random attack in Taipei on Monday has renewed debate over the death penalty, which is still carried out in Taiwan, with advocates asking opponents if they still favored abolishing it. A 33-year-old man has been detained in connection with the gruesome killing of the girl as she and her mother were on their way to a subway station in Neihu District in northern Taipei late Monday morning. The suspect grabbed the child from behind and decapitated her with a cleaver. The girl died on the spot, according to police. The tragedy sparked a heated debate in the Internet community, with Lin Hsin-yi, the executive director of the Taiwan Alliance to End the Death Penalty, saying that she was "very, very, very sad" about the tragedy on a Facebook post. She wrote that she really wanted to find a solution on how to stop such incidents. Some netizens argued, however, that people found guilty of "felony murder" should be directly executed and others said those found guilty of killing others should pay for what they have done. Kuomintang Legislator Wang Yu-min said the attack was simply unacceptable, and she called for public support for her proposal that would stipulate automatic death penalties, or life sentences under specific circumstances, for people who murder children under the age of 12. Asked whether the incident would affect his support for abolishing the death penalty, New Power Party Legislator Freddy Lim said he has pushed for reforms of the country's penal system, which includes protecting the rights of children and the families of victims. Lin, who has served as the head of Amnesty International's Taiwan branch, said it was time for Taiwan to make improvements in these areas to avoid the repetition of similar incidents in the future. The newly elected chairwoman of the KMT, Hung Hsiu-chu, questioned those opposed to capital punishment, asking "Are you still in favor of abolishing the death penalty?" while expressing her support for the bill proposed by Wang. President-elect Tsai Ing-wen expressed her sadness over the brutal killing through Democratic Progressive Party (DPP) spokesman Wang Min-sheng. Tsai said the country should stem these types of tragic crimes by strengthening education, improving the economy and mental health for individuals and striving to maintain social order, according to Wang. Monday's incident was the 3rd case of a random child murder in Taiwan in the last 5 years. In December 2012, a 29-year-old unemployed man named Tseng Wen-chin murdered a 10-year-old boy in Tainan and allegedly said he killed him because he wanted to be imprisoned. Tseng was given a life sentence by the Tainan District Court the next year. Tseng also reportedly suggested that he would not receive a death sentence because he only killed 1 person, a comment that drew a public outcry and sparked a debate over the death penalty at that time. In June 2015, an 8-year-old girl died of multiple organ failure after she had her throat slit by 29-year-old Kung Chung-an, who claimed to be looking for a random target at her school in Beitou District in Taipei. The killer said he murdered the girl because prisoners get better food than he was getting in his daily life. He was sentenced to life imprisonment, and the case also reinforced support for the death penalty and led people to question those who oppose it. (source: CNA) ******************** Legislator pushes for harsher death penalty law Former head of the Child Welfare League and Kuomintang (KMT) legislator Wang Yu-min on Monday, March 28 called for a revision of Criminal Law, to sentence murderers of children younger than 12 either to death or to life imprisonment. Wang's statement came following public outrage over the death of a 4-year-old girl, who was decapitated by a man in Taipei earlier on Monday. Similar cases in the past have often resulted in disagreement from people regarding the use of the death penalty, but any passing of laws should take public opinion into account, said Wang. "This is too unfair for the child. There is no way anybody who cares about children could accept anything like this," said Wang. "I hope the Legislature can soon add this to the review agenda." New Power Party (NPP) Legislator Freddy Lim, who previously advocated against capital punishment, said to local media that he felt great sadness and anger about the murder, but also that a nation's criminal system must be assessed with care. Society is now overwhelmed with rage and grief, so it will be better to discuss the issue at a later time, emphasized Lim. Also, the Child Welfare League urged the government to force mental illness patients that refuse to seek treatment to receive medical help, in order to prevent "ticking time bombs from existing in communities." Not Mental Illness, but Drug Use: MOHW The man suspected of decapitating a 4-year-old girl appeared to be on drugs, murdering the child due to hallucination from Amphetamine intake, said the Ministry of Health and Welfare (MOHW), after preliminary investigations. People with mental illness rarely commit acts of violence, stressed the ministry. Head of the division of Mental and Oral Health Shen Lih-jong said to the Central News Agency that he had just reached out to the Taipei City Hospital's Songde Branch to get more information about the suspect. The suspect was once detained for using Amphetamine in 2014, said Shen. However, Shen said the National Health Insurance Administration (NHIA), is required to protect personal privacy, so specifics about the suspect's drug use cannot be released to the public. In the past, mental illness patients would be forced to stay in hospitals with diagnosis from two physicians, said the official. The Legislature passed the Mental Health Act in 1990, which stipulates that patients may only be forced into treatment after a commission reviews the case or when patients are believed to be likely to hurt themselves or others, said Shen. Last year, of the 747 applications for treatment by force, only 634 were approved. (source: China Post) *********************** Bill on death penalty for child killers to be discussed Thursday The horrifying beheading of a young girl in Taipei has prompted lawmakers to quickly consider a Criminal Code amendment that would require random killers of children to be sentenced to death. The bill was proposed by indignant legislators echoing public anger at a 33-year-old suspect who brutally murdered a 4-year-old girl by decapitating her in broad daylight in Neihu. Kuomintang (KMT) lawmaker Lin Wei-chou, one of the conveners of the Legislature's Judiciary and Organic Laws and Statutes Committee, said some committee members wanted to put off the bill's review until people had time to calm down. But the committee concluded that the issue in fact warranted a thorough debate, so he decided to put the amendment on the committee's agenda on March 31. KMT Legislator Wang Yu-min said the attack was simply unacceptable, and she and other KMT lawmakers like Hsu Chih-jung called for public support for their proposal that would stipulate automatic death penalties, or life sentences under specific circumstances, for people who murder children under the age of 12. The lawmakers said the inhuman murder of a child was no different from killing one's own parents and represented an act that they said deserved capital punishment. Lin said officials from the Ministry of Justice, the Ministry of Health and Welfare, the Ministry of the Interior and the Judicial Yuan will be invited to present their views on the subject at the committee meeting on March 31. The death penalty is legal in Taiwan, and polls indicate it still has widespread support, though calls for abolishing capital punishment have grown louder. Monday's tragedy prompted a civic group to call for 10,000 people to take to the streets on April 9 to demand that the government abide by the law and hand down a death sentence to anyone who deserves one. "Execute those who should be executed," said a Facebook post by the White Rose Social Concerns Association, which called for death sentences for mass drug dealers and random killers, whom they said should not be seen in the same light as the mentally challenged. "When safety is not provided, what is the government for? When the government does not abide by the law, what do the people expect from the law?" it contended. (source: focustaiwan.tw) IRELAND: The man who lived: How one convicted murderer escaped Ireland's death penalty----Patrick Aylward, 63, was accused of burning a young child to death. IRISH REPUBLICANISM HAS a bitter history with the death penalty. Padraig Pearse, Robert Emmet and Kevin Barry are among our patriot dead, executed by the British government. It is not surprising then the original draft of the constitution contained no reference to capital punishment. The bloody and divisive Civil War soon changed minds, however. The last-minute decision to reinstate the ultimate deterrent would cost 29 ordinary Irish citizens their lives after they were convicted of murder. Dozens more would have the penalty imposed on them only to receive last-minute commutations. Patrick Aylward was one such individual. In an increasingly urbanised society, it can be difficult for the modern Irish person to comprehend the vicious feuds between rural farming families. Sadly, in the Ireland of 1922 these fights were all too common. The story of the walking dead Patrick Aylward was 63 years old and a farmer from Mullinavat, south Kilkenny. He had returned to Ireland in 1921 after 39 years in Connecticut in order to nurse his elderly brother on their 25-acre holding. 50 yards away lived the Holden family which included Patrick, Mary and their 8 children. Relations between the 2 households had soured shortly after Patrick's return. He complained about the alleged trespassing on his land by animals belonging to the Holden family, even setting his dog on a goat belonging to Mrs. Holden. On another occasion, a missing fowl belonging to the Holdens was found dead in Aylward's shed. Mary described her neighbour as a violent and unpredictable man who had twice struck her with a stick. Aylward disagreed, asserting that she was the aggressor and had attacked him several times. Her children also constantly annoyed his animals and used his well as a toilet, he claimed. What started out as a minor disagreement was about to take a far more sinister turn. That fateful day On Saturday 21 April 1923, Patrick Holden was out working while his wife was minding the children. At 5pm, Mary put her 18-month-old son William to bed and departed the house to buy an outfit for another son's confirmation. Despite the lawless nature of the times, Mary saw fit to place 8-year-old Patrick in charge of the house in her absence. She told him to lock the door and stay inside. His younger sister Mary and brother Michael were also present. William, the 2nd youngest of the Holden family, suffered from rickets and was not able to crawl or walk but was sleeping peacefully when his mother left. Some minutes afterwards, Patrick Aylward allegedly knocked at the Holden's front door. The children reluctantly opened the door and Aylward burst in shouting that he "would put an end to the trespassing". Aylward lifted William, who was still sleeping, and walked over to the fire. He then proceeded to hold the infant down over the burning grate. Patrick Holden endeavoured to intervene but was powerless against the older man's strength. Aylward stayed watching the crying infant as he burned on the fire, all the while using a stick to hold off the other children. Just as William's clothes caught fire, Aylward said "Don't let them goats into my haggard anymore" before striding out the door. The children quickly removed their infant brother from the fire and put him in a bucket of water to quench the flames. The severely-burned baby was then put back into his bed and the door was locked. Horrific death Patrick Holden Snr. arrived home within the next few minutes to be met with several hysterical children and a baby suffering from life-threatening burns. There were no gardai in the area at that turbulent point in Irish history, so Holden instead sent for a doctor from Waterford. He duly arrived and found the baby in a state of collapse. William was charred black all over his body and died from toxaemia 24 hours later. The coroner's inquest took place just days after the death. Aylward appeared and denied having any knowledge of the burning. The coroner referred the case to the gardai nonetheless but also had harsh words for the bereaved Holdens, telling them that he did not know whether to sympathise with them because they had abandoned their young children at home. Aylward was arrested on 8 May. He replied: "I did not do it." Trial The murder trial began on the 26 November 1923. The prosecutor stated that the prisoner was "charged with a crime which, if proved against him, was as terrible and hideous a crime as anyone described as a human being could commit". Aylward maintained a cool demeanour throughout despite the gravity of the charges against him. He pleaded not guilty. Dr. Matthew Coghlan appeared on the stand and told the court that the injuries to William Holden could not have occurred accidentally. When asked about the defendant, he described him as a "degenerate" who lived in squalor, referring to the Aylward homestead as a "manure heap and cesspool". He did insist that Aylward was sane and capable of distinguishing right from wrong, however. Child's testimony Patrick Holden also took the stand and was described as an intelligent witness, despite never attending school and being unable to write his name. He described letting Aylward in and witnessing his neighbour grabbing William and putting him across the fire. Patrick attempted to aid his brother but was unable to do so. Michael Holden also recounted Aylward raising a stick at them and telling them as he left the house, "Don't tell your mother or I'll kill you." Patrick Aylward admitted that he had poor relations with his neighbours but insisted that he had not been in their house for 5 months before the incident when he had complained to Mrs. Holden about her children chasing his sow and swimming in his spring well. Her response was to hit him with a scrubbing brush. He retaliated by giving her a whack with his walking stick. He denied harming the children however, pleading: Don't you think I have a soul to save as well as everyone else, or what do you think I am? Aylward insisted that the Holdens had told their children to lie about him. 2 witnesses, Aylward's brother and a friend, also vouched that the prisoner had been tending a sick cow all day and had not visited his neighbours. Quick verdict The trial took just 1 day and despite the contentious and contradictory evidence, the all-male jury needed just 10 minutes deliberation before passing a guilty verdict, with a recommendation to mercy. The judge announced his agreement and sentenced the prisoner to death. Aylward responded: I am not guilty at all. I have not been in that house for 5 months. May God forgive the woman who put the lie on me and God forgive the jury. His pleas fell on deaf ears and his execution was set for the 27 December, putting him among 5 convicted murderers to be sentenced to death in that month. Getting off 3 of the men would indeed be hanged. Aylward, however, was fortunate to receive petitions from numerous luminaries, including the Bishop of Ossory. His Grace petitioned government minister Kevin O'Higgins, questioning the guilt of the elderly man. He mentioned the Holden family's "bad moral character," and alluded to a previous incident when another Holden child had burned to death in suspicious circumstances in 1910. It was announced just hours before the execution that Aylward's death sentence was to be commuted to one of penal servitude for life. The minister was not obligated to give a reason for this sudden commutation but a reasonable doubt was surely present. The government may also have been reluctant to execute a man solely on the evidence of children. Patrick Aylward served 10 years in prison before being released in 1932. He died 3 years later, still maintaining that he had taken no part in the burning of William Holden. The death penalty remained in the Irish Constitution until 1990 and 28 men and 1 woman would meet their death at the end of an Irish rope. Harry Gleeson was hanged for murder in 1941 for a murder he did not commit. Did Patrick Aylward come within hours of suffering a similar injustice 20 years before him? The truth may never be known. (source: Colm Wallace has written a book Sentenced to Death: Saved from the Gallows about 30 Irish men and women who had the death penalty imposed on them between 1922 and 1985. It is being launched on 17 June and is available for pre-order on Amazon.com----The Journal) MALTA: The boy who killed a girl... and other women's murders Kim Dalli takes another look at a new book about the murder of Maltese women and highlights more of these heinous crimes from history: a teenager shot dead by a child, a prostitute who had her throat slit and a rape victim strangled and thrown down a well. It was 1867 and Mosta dome had just been built. 16-year-old Vittorja Vella was playing beads with another girl her age in the streets of the town when an argument erupted over the game. The incident was witnessed by Guzeppi Sammut, 13, the brother of Vittorja's playmate. On seeing his sister being beaten up, Guzeppi ran as fast as he could to his father's farm, grabbed a shotgun and returned to shoot Vittorja. The girl is the youngest victim in crime historian Eddie Attard's newly published book, Il-Femicidju: Qtil ta' Nisa f'Malta (from BDL), which documents all the femicides of the last 2 centuries. Despite the boy himself being even younger, he underwent a trial by jury, was found guilty and sentenced to 20 years in prison with hard labour. 35 years earlier, Malta witnessed the 1st killing of a prostitute that century: Grazzja Grech, known as Zol-in-Zol, was found dead in her Senglea home in April 1832. Prostitution was not illegal at the time, although over the years certain restrictions had been introduced dictating where prostitutes could live. They were forbidden from occupying the ground floor but allowed to live in maisonettes on the first floor. Grazzja's absence had aroused the suspicions of her neighbours. After their knocks at her door went unanswered, one of them peeked through a window to see her lying on the floor in a pool of blood that oozed from her slit throat. Grazzja was known to host a number of men at her home and many hailed from localities outside Senglea. Among these men, there were 2 youths in particular who were often seen in her company. The night before the victim was found dead, the pair had been spotted buying bread, cheese and a bottle of rum from a Senglea shop. Their appearance was described to the police, who identified the 2 as 18-year-old Giovanni Fedele from Sliema and 21-year-old Pawlu Laus from Valletta. Both goldsmiths, they had known the victim for a while. Grazzja was rumoured to have declared the 2 as her favourite clients, and they had even presented her with a gold ring they had forged themselves. On the day of the crime, Giovanni and Pawlu, armed with a penknife, paid a visit to Grazzja. As Pawlu held her down, Giovanni slit her throat. A month later they were sentenced to death in a trial by jury. Despite a plea by governor Sir Patrick Ponsomby to mitigate the sentence, they were hanged. Giovanni was the youngest man in Malta to receive the death penalty. Yet the tragedy continued to unfold. Giovanni's mother, who knew of her son's waywardness, had often warned him that he would one day end up on the gallows. Pawlu's father, who kept hoping until the end that the sentence would be changed, committed suicide. The final victim in this case appears to have been the fishmonger, who received a savage beating and later died of his injuries. Another murder involving sex was that of 18-year-old Duminka Galea, dubbed Malta's Maria Goretti, after the 11-year-old saint who was stabbed to death after resisting rape. Duminka was working in her father's fields in Naxxar in 1869, together with her siblings. As her brothers and sisters were about to leave, she asked them for a sip of water, but their jug was empty. They suggested she draw some water from the well in the nearby fields belonging to the Schembri family. That evening, Duminka failed to turn up for dinner. Her frantic family visited the Schembri farm and asked after her but to no avail. Cikku Schembri, 24, denied having set eyes on her. The next day, one of the victim's siblings suggested searching the well, fearing his sister might have fallen in. There they ran into Cikku again, who seemed very evasive and would not answer their questions. The family filed a police report and a search of the Schembri farm yielded clothes smeared with blood. Duminka's body was found in a well. An autopsy revealed that she had been raped and then strangled. Although most of the evidence was circumstantial, Cikku was found guilty by a count of 6-3. As a result he could not be handed the death penalty and was sentenced to life imprisonment. (source: timesofmalta.com) From rhalperi at smu.edu Tue Mar 29 10:50:55 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 29 Mar 2016 10:50:55 -0500 Subject: [Deathpenalty] death penalty news-----TEXAS, N.J., PENN., N.C., GA., FLA. Message-ID: March 29 TEXAS: Execution appeals rejected The Texas Board of Pardons and Paroles on Monday refused to review an appeal by death-row inmate John Battaglia to have his sentence for killing his 2 young daughters at his Dallas apartment nearly 15 years ago commuted to life in prison. Meanwhile, the U.S. Supreme Court refused Monday to review appeals by 2 other prisoners facing execution, including an inmate from Fort Worth who smothered an 89-year-old man during a robbery 12 years ago. Battaglia is schedule to be put to death Wednesday. Execution dates have not been set for the 2 others. Dallas Case Pardons and paroles board spokesman Raymond Estrada said the board voted 7-0 against granting Battaglia a reprieve from execution. Battaglia, 60, was convicted and condemned for the May 2001 fatal shootings of his daughters, 9-year-ol Faith and 6-year-old Liberty. The girls' mother, Battaglia's ex-wife, was on the phone with him and heard the gunshots and cry of the older daughter. Battaglia still has appeals in the federal courts seeking to block his punishment. Fort Worth Case The high court ruled without comment in the case of 36-year-old killer Tilon Carter. His appeals have focused on whether his Tarrant County trial attorneys were deficient and whether faulty instructions were given to trial jurors. Carter was condemned for the 2004 robbery and slaying of James Tomlin. Evidence showed that Tomlin, a retured Bell Helicopter worker, kept cash in containers scattered around his home. Prosecutors protrayed Carter as a longtime criminal and also tied him to a fatal shooting at a drug house. Houston Case The court also ruled without comment in the case of 61-year-old Jorge Villanueva, who raped, beat and strangled Maria Jova Monteil at her Houston home in 1994. In earlier appeals, Villanueva's attorneys argued he had deficient legal help during his Harris County capital murder trial in 1996. Prison records show the former landscaper also is serving life for an injury-to-a-child conviction. Villanueva's case was among hundreds identified in 2003 for review of DNA results because of shoddy work by the Houston Police Department crime lab. (source: Dallas Morning News) NEW JERSEY: Passing sentence on capital punishment Next Sunday is International Anti-Death Penalty Day. OK, I'd better qualify that one: it won't actually be International Anti-Death Penalty Day, but to my mind it ought to be. On that date it will be exactly 80 years since an immigrant German carpenter was sent to the electric chair in Trenton, New Jersey. The previous year, 36-year-old Bruno Richard Hauptmann had been convicted of the kidnapping and murder in March 1932 of Charles Lindbergh jr, the 20-month-old son of popular aviator Charles Augustus Lindbergh. Hauptmann, however, did not do it. They called the murder the Crime of the Century, and the ensuing trial the Trial of the Century, so by right of logical exaggeration the frying of Hauptmann deserves the title Miscarriage of Justice of the Century. Hauptmann's trial was a complete travesty of justice, in which police brutality and malpractice, petty politics, and a media circus combined to exact blood lust by killing an innocent man. To employ an over-used clich???, his was a case of being In the Wrong Place at the Wrong Time, but also falling victim to bad luck and personal mistakes. On the evening of 1 March 1932 Charles Lindbergh jr was snatched from his cot from an upstairs room in the family home in Highfields, New Jersey. Whoever took the toddler left a crudely-made ladder leaning against the house. A ransom note discovered by the crime scene demanded $50,000 for the child's safe return. Through the efforts of an intermediary, which came in the form of a retired school teacher called J F Condon, the ransom (consisting of identifiable gold-certificate bills) was paid in instalments to a member of the kidnapping gang, known as Cemetery John, who regularly met Condon in Woodlawn Cemetery in New York. Despite repeated assurances from the gang that the boy was alive, Charles Lindbergh jr's body was discovered just over 2 months after his abduction. 2 years later, in the autumn of 1934 Hauptmann was arrested in New York and charged with the Lindbergh baby???s kidnap and murder. Police were led to his home after a tip-off from a garage attendant who had received gold-certificated ransom money from him in return for car fuel and then noted down his car license plate. That, however, was as far as the evidence against Hauptmann went. A police search of his home found over $14,000 in gold-certificate bills. Hauptmann had discovered the money in a package by accident, after a business partner called Isidor Fisch had asked him to hang on to the package for safekeeping before travelling to Europe. Hauptmann later discovered that Fisch was a conman who had swindled him and many others out of thousands of dollars. Fisch later died of tuberculosis shortly after arriving in Europe. Needless to say, Hauptmann denied knowing anything about the Lindbergh abduction, even after police officers had beaten him up and threatened his wife and child. While failing to declare swindled money to the police was obviously a crime, as was Hauptmann's lie to his interrogators that he had withdrawn the money from his bank account, being in possession of kidnap ransom money does not necessarily a kidnapper, much less a murderer, make. What ought to have saved Hauptmann from the chair was his alibi: on 1 March 1932 (the date of Charles jr's abduction) he had been working for the New York firm Majestic Apartments between 8:00am and 5:00pm - in other words, he could not have been anywhere near Highfields, New Jersey at the time of the abduction - and the company could produce timesheets to prove it. The timesheets were duly handed to the police, but when Hauptmann's defence team approached the police for the timesheets, the sheets in question somehow could not be found (of course). To make matters worse, in the hysterical trial in Flemington, New Jersey, that ensued, chief prosecutor David Wilentz (who, judging by his statements to the jury, would have made a better theatre actor than a lawyer) stated that Hauptmann had actually left work early, yet somehow got away with failing to produce any evidence for this claim. Moreover, the police bribed prospective witnesses, including the intermediary J F Condon, to go on the record to say that they had seen Hauptmann in the Highfields area when the crime was committed. Condon, for his part, initially told detectives that Hauptmann was not Cemetery John, to whom he had been handing the ransom; when the police threatened to charge him with being an accessory to the crime unless he identify Hauptmann as Cemetery John, Condon obligingly changed his mind. Virtually nobody at the time bothered to address what should have been the most searching question of all: how was it that the abduction of the child of 1 of America's most famous men, then the issuing of ransom demands and the subsequent collection of ransom money, could all be the work of just 1 man? Amid the perjured witnesses and a noisy and theatrical prosecution team who appeared to be revelling in the international media attention, Hauptmann was duly convicted of Charles Lindbergh jr's kidnap and murder on 13 February 1935. A plea for a re-trial from New Jersey state governor Harold Hoffman, one of the very few major public figures at the time who could see the case against Hauptmann for the farce that it was, was vetoed by the trial judge on a technicality. It took some courage for Hoffman to voice his doubts about the case so publicly: one newspaper editorial at the time declared him to have 'dishonoured himself, disgraced the state and converted New Jersey into national laughing stock' (Who knows, maybe the editor in question had not paid close enough attention to how the prosecution had behaved during the trial), and called for him to be impeached. His final lifeline gone, Hauptmann was electrocuted on 3 April the following year, tearfully protesting his innocence to the very end - even though he had been offered the commution of his sentence to a life jail term in return for admitting to the crime. Of course, Bruno Richard Hauptmann was the not the 1st, and would not be the last, victim of a wrongful conviction in the last century or so. We in the UK have had more than our fair share of such cases: Edith Thompson (1923), Timothy Evans (1950), Derek Bentley (1953), Liam Holden (1973), Stephen Downing (1974), the Birmingham 6, the Guildford 4 (both 1975), the Maguire Seven, Stefan Kiszko (both 1976), Sion Jenkins (1998), and Sam Hallam (2005), to name but a few. The point is that in the 1st 3 cases the eventual realization that such convictions were wrong was obviously too late for the convicted. The death penalty was abolished in Britain in 1965 and in Northern Ireland in 1973. Since then, despite the claim of the pro-execution camp that most people in the UK want hanging to be brought back, support for the return of hanging has in fact spiked and dropped either side of the 50 % mark. Such peaks and troughs have depended on whether a murder or a miscarriage of justice has been making big news at the time of polling. At the very least, at a time in which the news is dominated by Islamic terrorism and commemorations of the Easter Rising in Dublin and its aftermath, there does need to be a debate on capital punishment, if only to shatter the myths of its effectiveness that its supporters repeat as if they were facts. In an edition of BBC1's Question Time in September 2011, Private Eye editor and Have I Got News For You panellist Ian Hislop pronounced himself firmly against the return of hanging: For 50 years Private Eye has, pretty much in most issues, exposed a miscarriage of justice, and a lot of them have been murders. Over the years large numbers of these cases have been found to be entirely wrong ... So we would have killed those people, and in some of those very high-profile cases which involved terrorism cases, we would have made very dangerous new martyrs by executing people who turned out not to have committed the murders involved. Doubtless that in the days after the Easter Rising, General Maxwell and his staff thought that executing 16 of the Rising's ringleaders would stop Irish republicanism in its tracks. A century on, Irish republicanism is alive and well, and whatever your position on the Easter Rising, Pearse, Connolly, MacDonagh et al are celebrated as heroes even by moderate nationalists. More recently, the Islamist extremists responsible for the attacks in Paris, Ankara and Brussels have shown themselves to revel in death. Any such jihadist who could be caught before blowing himself up, only to be sentenced to hang, could be presented by extremist imams as yet more evidence of The West Always Having It In for Islam. As for the argument that the death penalty deters others from committing serious crimes, quite apart from the fact that the murder rate in the United States is still incredibly high, particularly in states that still have capital punishment, this argument misses the point that people who commit serious crimes tend not to behave rationally and so are not in a position to think about what awaits them if they get caught. As the satirist Charlie Brooker put it in his 2011 series How TV Ruined Your Life, there is a tendency to imagine murder cases in real-life are exactly how they appear on the small screen: Murderers [on TV] are routinely depicted as criminal geniuses playing a diabolical game of cat-and-mouse with a troubled police detective wearing the worried expression of a bloodhound opening a court summons. Yes, according to Television, most killers are artisan killers, whose every offering deserves to be analysed for literary merit, and they are markedly more vicious than almost any of their real-life equivalents ... Of course, most real-life murderers aren't unstoppable killing machines, but somewhat pathetic individuals who have done something awful in an ill-thought-out panic. Furthermore, as the late Ludovic Kennedy, a man who knew more than most about wrongful convictions, put it, in his book "36 Murders and 2 Immoral Earnings" ... [I]t is a fact and not an opinion that states that exercise the death penalty have higher homicide rates than those that have abolished it; and it is also a fact and not an opinion that after an execution the homicide rate in that state tends to increase. 80 years on, it is obviously too late for Richard Hauptmann, but it is worth stopping for a few minutes next Sunday to think about his undeserved fate. If, as seems likely, the pro-Brexit camp win June's referendum, the next target on their shopping list could be the UK's adherence to the European Convention on Human Rights, and the death penalty could well come up again in the national conversation. Mahatma Gandhi's dictum about how an Eye for an Eye will ultimately leave us all blind has been quoted often enough. An arguably more apposite thought is offered by the aforementioned Sir Ludovic, who insisted towards his twilight years that the adversary/accusatorial system of justice, as practised in the UK, US, Canada and Australia (unlike in continental Europe, where the inquisitorial system is in place), is fundamentally flawed: It is a system in which the accused, in one way the most important person in court, in that he/she has more to gain or lose than anyone else, is somehow seen to be the least important (the more so when not called to testify), an object rather than a subject; in which the prosecution often fail to supply to the defence, as they are obliged to, evidence that might be helpful to them; in which a spurious sense of drama is created which encourages counsel to strike postures and attitudes and even indulge in sarcasm; in which counsel see it as one of their tasks to destroy the credibility of the other side's witnesses, whether on an issue germane to the verdict or not; in which some questions which could provide a shortcut to the truth are not allowed to be asked and others which are asked are not allowed to be answered; in which the evidence of witnesses is shaped by what the prosecution and defence want them to say; in which other witnesses whose evidence might help to shape the jury's verdict are not called for fear they will say the wrong thing ... Is this really the best we can do? (source: Dan Payne, sluggerotoole.com) PENNSYLVANIA: Jury selection under way for capital murder case A Beaver County man charged in a 2013 shooting death could face the death penalty if convicted of 1st-degree murder. Monday marked the 5th day of jury selection for the case against Leon Platt, accused of firing a gun at 28-year-old Richard Hogue at a Loop Street apartment in the Walnut Ridge housing project around 1:45 a.m. Nov. 16. Hogue was pronounced dead later in the emergency room of Ellwood City Hospital. Lawrence County Common Pleas Judge J. Craig Cox recessed court Monday morning after the 1st pool of 60 potential jurors was exhausted. He called for a new pool of potential jurors after interviews with 57 prospective jurors had been exhausted last week and 10 jurors were selected. Of the 3 remaining from a pool of 60, an 11th juror was chosen Monday to sit on the panel. A new pool of jurors will be seated in the courtroom Tuesday for further questioning of their ability to serve. The prosecuting and defense attorneys still have to choose 3 - 1 regular jurors and 2 alternates - before the trial can begin. Cox said he anticipates opening arguments will be presented Wednesday afternoon or Thursday morning and that the trial could last 2 weeks or more. Assistant District Attorney Thomas Minett is leading the prosecution, and Platt is being defended by attorney John Bongivengo. Minett instructed jury interviewees that the trial will have two portions. If Platt is convicted of 1st-degree murder during the 1st part, the same jurors will be asked to decide on whether he will get the death penalty or life imprisonment during the 2nd phase of the proceedings, based on presentment by the prosecution of aggravated circumstances that warrant the death penalty, and by the defense attorney of mitigating circumstances. The jury selection is slower in a capital murder trial because potential jurors are polled one at a time instead of as a group. In addition to the typical questions asked of jurors, they also are being asked whether they would have a problem condemning someone to death. District Attorney Joshua Lamancusa said yesterday that the aggravated circumstance in the case is that Platt is accused of committing a murder while committing a felony, being that he was a previously convicted felon and not allowed to possess a firearm. Juror selection started March 21 and commenced through Thursday. The courthouse was closed Friday. Platt, 28, of Rochester, is accused of shooting Hogue in the abdomen during a verbal argument in front of a woman and her infant child. An eyewitness had told police at the time that she saw Platt pull a gun out of his pants pocket and covered the baby's ears. Hogue had been seated on a couch, and Platt shot him as he stood up, the witness told police. Another man also was seated on the couch. Platt ran out of the apartment after the shooting and the woman stayed and called 911 and helped Hogue, according to the initial police report. Lawrence County Coroner Russell S. Noga ruled Hogue's death a homicide. When police arrested Platt, he allegedly identified himself by a different name. Police noted that Platt had a previous conviction for aggravated assault and that he did not have a license to carry a gun. Police said Platt had hidden the gun he reportedly used in the shooting with another firearm at an address in Ellwood City, and he disclosed its whereabouts to them during questioning. Police searched those premises and found an Air Jordan shoebox containing several guns. The police did not provide information then about whether one of those was the alleged murder weapon. Minett informed Cox in court Monday that one witness to be called for the prosecution is a DNA expert, and that DNA will be a factor in the case. Platt is charged with 1st-degree murder, criminal homicide, prohibited possession of a firearm, recklessly endangering another person (regarding others who were allegedly at the scene) and providing false identification to law enforcement. (source: nenewsonline.com) ***************** Rushdi attorney rules out insanity defense Defense attorney Michael Malloy told Judge James Nilon Monday he is not pursuing a competency or insanity defense for an Upper Darby man facing the death penalty for the alleged murder of an infant in 2013. Ummad Rushdi, 32, is charged with 1st-, 2nd- and 3rd-degree murder, kidnapping and abuse of a corpse for allegedly killing 7-month-old Hamza Ali in August 2013 at his parent's home in the 6600 block of Chestnut Street, Upper Darby, then transporting the body elsewhere and burying it at an unknown location. Rushdi was arraigned in November 2013 and entered a plea of not guilty. Since that time, Malloy and death penalty counsel Scott Galloway have secured several continuances so that Rushdi could be evaluated by various experts to determine the state of his mental health. Malloy said a specialist met with Rushdi 3 times, including 1 8-hour session of intense testing, and had written up a final report. Malloy said he would not invoke a not guilty by reason of insanity or incompetency defense based on that report. Galloway said his death penalty mitigation expert is also nearly finished, but needed to look over the report from Malloy's specialist before filing a final report. He asked for an additional 30 to 45 days to have that completed. Deputy District Attorney Stephanie Wills suggested a tighter schedule of 30 days, arguing defense counsel has had more than a year to have these evaluations completed and has consistently missed the mark on deadlines. Wills added that it was never made clear at the last listing on Feb. 1 that Galloway's expert would need to review the report from Malloy's expert before furnishing an opinion. Rushdi has made several statements at status hearings over the past year, and Monday was no different. "You know my question is the same: Do we or do we not have the right to defend ourselves?" he said. "No matter how much I say, 'I didn't say that, I didn't do that,' they have so much dirt in their ear, so much nonsense, I can't defend myself." Upper Darby Detective Ed Silberstein said at a previous hearing that Rushdi "began blurting out he's sorry for what he did," when investigators took his statement at the county prison in Concord on Aug. 8, 2013, following his capture the day before in York. "(Rushdi said), 'The baby, he was crying, I shook him, I took him upstairs, maybe a little bit too hard, he stopped breathing, I gave him CPR, I wrapped him in a sheet, I put him in the car, I took him to York, I buried him under branches," according to Silberstein. Rushdi has not revealed where he allegedly disposed of the body. Only a pillowcase allegedly containing Ali's DNA was recovered from Chickie???s Rock Park in Lancaster. Rushdi said Monday that the basis for American justice is "innocent until proven guilty," but he is being made to prove his innocence. "Is that not correct?" he said. "Am I lying? This is the justice system. Your job is not for conviction - it is for justice." Nilon set the next hearing date for June 1. (source: delcotimes.com) NORTH CAROLINA: Soldier mother and boyfriend face death sentence for 'murder of two-year-old girl who was found covered in bruises' A 23-year-old mother and her boyfriend have been charged in connection to the death of her 2-year-old daughter. Jeanie Ditty - who has been an active soldier at Fort Bragg since 2013 - is charged with 1st-degree murder and negligent child abuse and inflicting serious bodily injury for the death of Macy Grace, according to WNCN. Her boyfriend Zachary Earl Keefer has also been charged with the same counts Thursday. In their 1st court hearing Monday, a judge told them they face the death penalty or life in prison if they are convicted, according to ABC 11. 33-year-old Keefer was at large but turned himself in Friday, detectives said. The pair live in an apartment complex in the 500 block of Village Lake Court in Spring Lake, North Carolina. Police were called to Cape Fear Valley Medical Center on December 2 of last year in relation to an unresponsive child. 2-year-old Macy Grace Ditty was found covered in bruises and medical staff determined the child had suffered life-threatening injuries consistent with child abuse. The young child was then transferred to UNC Hospital in Chapel Hill after which police determined her injuries were inflicted in the 24 hours after the she was admitted to the medical center, said WNCN. Police said Macy Grace died from her injuries December 4. And on March 23, the North Carolina Office of the Chief Medical Examiner ruled the child's death a homicide. Fayetteville police obtained warrants for charging Ditty and Keefer the next day. Ditty was then arrested Thursday evening and is now being held at the Cumberland County Detention Center without bond, police said. District Attorney Billy West told ABC 11: 'It's a tough case, you know this child did not die of natural causes.'And it's heart-wrenching to think that this could happen to a young child this way and we are going to do everything we can to see that justice is done in this case.' Both suspects are now both being held at Cumberland County Detention Center without bond. Their next court date is April 14. Fort Bragg officials said Ditty is a member of the 525th Military Intelligence Brigade and that she would remain active even while she is under investigation. Keefer is not the father of the child. (source: Daily Mail) GEORGIA----impending execution Joshua Bishop asks for barbecue for last meal A 41-year-old man scheduled to be put to death on Thursday has asked for barbecue for the last meal he gets before his lethal injection scheduled for 7 p.m. According to the Department of Corrections, Joshua Bishop's last meal request is a barbecue sandwich, Brunswick stew, potato chips, coleslaw, lemonade and purple candy. Bishop, 41, is to be put to death for the 1994 beating death of 35-year-old Leverette Morrison. Bishop and his co-defendant Mark Braxley confessed to Morrison's murder, as well as the murder of another man, within hours of detectives finding Morrison's body between 2 dumpsters near Braxley's trailer. Investigators didn't even know Ricky Lee Wills was dead until Bishop confessed to killing him 2 weeks before Morrison's death. Though Bishop, 19 at the time, confessed, he still went to trial. He was convicted and sentenced to die. Braxley, however, pleaded guilty and was sentenced to life in prison with the possibility of parole. Bishop, Braxley and Morrison had spent much of the day on June 25, 1994, drinking at a Milledgeville bar and then at Braxley???s trailer. Morrison fell asleep and that's when Braxley decided he wanted to visit his girlfriend. Braxley and Bishop decided to just take Morrison's Jeep without asking. But Morrison woke when Bishop tried to fish the car keys from his pocket. They struggled and Bishop and Braxley beat him to death with a curtain rod. After dumping Morrison's body, the 2 set fire to his Jeep in some nearby woods. Bishop told investigators he and Braxley killed Wills because he boasted about sexually assaulting Bishop's mother. He said they had to bend Wills' legs in unnatural directions to make his body fit into a makeshift grave. Neither Braxley nor Bishop went on trial for Wills' death even though they confessed. Prosecutors used Wills' death when to argue that Bishop should get the death penalty. Bishops' advocates as well as those who want his sentence carried out will meet separately with the state Board of Pardons and Paroles on Wednesday. If Bishop is put to death by lethal injection, he will be the 3rd man Georgia has executed this year. Another execution has been scheduled for April 12. Kenneth Fults is scheduled to die next month for the 1996 murder of his 19-year-old neighbor. Fults was on a crime spree, hoping to get guns to kill his former girlfriend's new boyfriend, when he broke into the Spalding County house of Cathy Bounds, who was home alone. Fults pleaded guilty to placing a pillow over her head and firing 5 shots so he went to trial only a jury could decide his punishment. (source: Atlanta Journal Constitution) ***************** Fulton County DA's office acussed of prosecutorial misconduct Lawyers for an accused killer want a judge to bar the death penalty or dismiss his case outright and disqualify the Fulton County district Attorney's office from prosecuting. The reason: attorneys claim Fulton County District Attorney Paul Howard's office was involved in prosecutorial misconduct. Howard's office is seeking the death penalty against Stephen Heller, who is accused of gunning down 2 young men in their car in an upscale Roswell neighborhood. But the case was turned upside down when the defense team learned that Howard's own victim witness advocate, Wesley Vann, sent sexually suggestive texts and Facebook messages to Heller's ex-girlfriend - Carla Aucoin. Ms. Aucoin is a key witness in the case. During a hearing late last week, Ms. Aucoin and 2 other women from 2 other criminal cases testified that Wesley Vann made inappropriate sexual contact with them: ranging from flirting, sexually charged phone calls, to late night visits, and sexual social media messages. The earliest victim complained back in 2012. After testimony from Wesley Vann's boss saying she wanted him fired for years, Vicki Reeves testified as to why she thought Wesley Vann kept his job. Reeves, a crime victim who says Vann sexually harassed her, testified, Vann told her he wasn't worried about being fired because he had "s---" on Paul Howard. Howard was asked if that was true and he testified: "I don't know, that's the 1st time I ever heard that." Howard also testified he always disciplined Wesley Vann and was only trying to help rehabilitate an employee. Howard fired Vann last September when another woman, the fiancee of a murder victim, complained to his office about late night contact from the victim witness advocate. (source: fox5atlanta.com) FLORIDA: Lawsuit blames brutal prison death on deliberate indifference A new federal civil rights lawsuit alleges that Gov. Rick Scott and other state officials caused, and then covered up, the systemic failures that have led to widespread abuse and a record number of inmate deaths in the Florida prison system. The lawsuit, in U.S. District Court in the Northern District of Florida, was filed on behalf of the family of Ricky Martin, a 24-year-old convicted burglar who was fatally beaten, raped and stabbed at the Panhandle's Santa Rosa Correctional Institution in March 2012. The circumstances of his brutal death were first reported in the Miami Herald in January 2015. Martin's family, based in Naples, contends that the agency's "deliberate indifference" in ignoring the vast problems of the prison agency endangered lives and caused illness, injury and death in violation of the U.S. Constitution's Eighth Amendment ban on cruel and unusual punishment. "The governor is the chief executive officer of the state, and ultimately the buck stops at his desk,???" said civil rights attorney Devon M. Jacob, who represents Russell K. Sharbaugh, Martin's father-in-law and personal representative of his estate. The suit alleges that the prison agency, under the direction of Scott, former Corrections' Secretary Kenneth Tucker, and then-prisons Inspector General Jeffery Beasley, knew, ignored and covered up the fact that Martin's death - as well as others - could have been prevented. The Department of Corrections declined to comment, as is its policy when a lawsuit is filed. Martin, a slight inmate who had less than 2 years left on his sentence, was attacked by his cellmate, Shawn Rogers, who at 6-4, and 250 pounds had a record of savage attacks against fellow inmates. The suit contends that despite having almost no history of violence, Martin was transferred to Santa Rosa, a maximum security prison, from the Northwest Florida Reception Center on March 12, 2012. Before leaving Northwest Florida, Martin had filed several complaints with the inspector general's office warning that his life had been threatened because he had been labeled a "snitch" by corrections officers for reporting that officers at NWFRC were operating an inmate "fight club." Rogers, 36, was serving 2 life sentences. He was placed in a cell with Martin, despite the disparity in their size, disciplinary history and length of their sentences. Martin, who was married with a child, was at Santa Rosa for only 36 hours before he was found brain dead in a pool of blood. Martin had been hogtied, raped and his head was bludgeoned so badly that he was unrecognizable. Last year, a Miami Herald investigation - based on the review of hundreds of pages of court and prison records, including crime scene photographs, the autopsy report, video from the prison's fixed-wing and hand-held cameras and 77 digitally recorded audio interviews - showed that Martin was brutalized despite repeated pleas to corrections officers by inmates who heard and saw Rogers begin tormenting Martin. At the time of the attack, there were racial tensions at the prison as news of Trayvon Martin's shooting death at the hands of a white, self-appointed neighborhood watchdog reached the prison population. Rogers, who is black, announced that he wanted to kill a white inmate to avenge racial injustices. Inmates who had a direct view into the cell said they told officers John Beaudry and Jacob Denmon that Martin was in trouble and they needed to help him. In all, 28 inmates said the officers shrugged off the warnings, saying some version of "let the next shift handle it," or "fight or f-ck," and left the dorm, the lawsuit says. According to the suit, "fight or f--ck" was a vulgar phrase that referred to the prison's practice of telling inmates who felt threatened to handle it themselves. Inmates testified that they were so disturbed by the high-pitched screams, thuds and slapping sounds coming from Martin's cell that they shouted for Rogers to stop, to no avail. Rogers announced that he was sexually assaulting Martin and when Martin screamed in pain, Rogers snapped: "Shut up, cracker, shut up," the lawsuit said. Witnesses also said they saw Rogers jump on Martin's head from a top bunk at least 10 times, cut him with a razor and beat him with a makeshift slapjack fashioned from a sock stuffed with batteries, all while corrections officers allegedly did nothing. "Everything could have been avoided if they would have listened," inmate Kenrontay Bell told senior inspector Edward White, who was the lead investigator for the Department of Corrections' inspector general's office, headed by Beasley. White told Bell that the officers' actions "would be addressed," but, in fact, no investigation of the guards' actions ever occurred. FDC conducted just 1 sworn interview with 1 corrections officer - Beaudry - and his questioning lasted 9 minutes. Beaudry claimed he looked inside the cell, saw Martin on his bunk and everything was fine. Rogers, who said his propensity for violence was widely known, has been charged with 1st-degree murder and prosecutors said they intend to seek the death penalty. His January 2015 trial was abruptly postponed after the Herald published its article. There is no new trial date. The Department of Corrections never disciplined any officers in connection with the case. Subsequently, an officer, captain and lieutenant on duty that night were promoted, as well as the warden, Randy Tifft, who has since retired. Michael Crews, who replaced Tucker in December 2012 as Scott's 3rd corrections secretary, had warned that conditions were deteriorating at Florida's prisons, that the prisons were dangerously understaffed and that use of force by officers was soaring. But the governor and Legislature continued to slash the FDC's budget and its staff - even after Crews pointed out that the agency's budget was $500 million less than it was in 2007 and had 9,000 more inmates in the system. Jacob said plundering the agency's budget at a time when prison violence was clearly escalating led to massive civil rights abuses. The Department of Corrections declined to comment, as is its policy when a lawsuit is filed. The lawsuit contends that "the [FDC] under the ultimate supervision of [Gov.] Scott, continues to attempt to cover up information regarding inmate deaths, and continues to delay or prevent investigations into inmate deaths." Since Julie Jones succeeded Crews in January 2014, the new secretary has adjusted some of the ways that inmates are classified to ensure that large, violent inmates aren't paired with smaller, milder ones. David Weinstein, a former federal prosecutor, said the complaint "is a further indictment of the deplorable conditions that exist in many of Florida's state correctional institutions." (source: Miami Herald) **************** Jury selection begins for man accused in 2006 death of former beauty queen A decade after a former beauty queen was buried alive, one of her accused killers is standing trial. Prosecutors believe Darice Knowles, 22 years old at the time of her death, was killed because of what she knew about another Brevard County homicide. Prosecutors said they're seeking the death penalty for Vahtiece Kirkman, 37, who is already serving a life sentence in prison for murdering Willie Parker. He was indicted in 2012. Knowles, a college student and former Bahamian beauty queen, was killed in 2006. She was buried alive and encased in concrete on a wooded lot in Cocoa for what prosecutors believe she knew about Parker's murder. Knowles' body was recovered in 2010. Jury selection began Monday and jurors are likely to hear from Knowles' ex-boyfriend, Christopher Pratt, who was a defendant in the case. He is serving a 20-year sentence in the murders of Knowles and Parker. Pratt said he saw Knowles speaking with a police officer and believed she may have told him about his and Kirkman's involvement in Parker's death. He also said Kirkman ordered him at gunpoint to dig a hole, use duct tape to restrain Knowles, and pour concrete and dirt over her. As part of his plea agreement, Pratt revealed the location of Knowles' body. It will likely take several days to seat a jury. (source: WFTV news) From rhalperi at smu.edu Tue Mar 29 10:52:24 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 29 Mar 2016 10:52:24 -0500 Subject: [Deathpenalty] death penalty news----MISS., IND., IOWA, OKLA. Message-ID: March 29 MISSISSIPPI: Secret Execution Team, Firing Squads, Restricted Media Included in House Bill Death by firing squad could become an option for administering the death penalty if Senate Bill 2237, which passed by the Mississippi House of Representatives on Friday and held on a motion to reconsider, becomes law. The bill's primary intent is to protect the identities of the state's execution team and lethal-injection chemical suppliers in the state of Mississippi. The bill would exempt the identities of not only the state executioner and his team but also local lethal injection drug suppliers and any witnesses to an execution from the Public Records Act. Rep. Joey Hood, R-Ackerman, presented the bill to the House last Friday, saying it had the bi-partisan support of Attorney General Jim Hood, the only statewide elected Democrat, and Gov. Phil Bryant, a Republican. Hood told the House that the primary intent of the legislation was to protect the identities of the execution team and the drug supplier. House Democrats challenged the bill in a half hour debate, questioning the motives for the bill's lack of transparency. Rep. Chris Bell, D-Jackson, asked Rep. Joey Hood whether the bill contradicted the state's attempts at being transparent. "The voters and the people of this state have overwhelmingly approved of the implementation for the death penalty," Rep. Joey Hood said in response. The attorney general said of the 31 states that have the death penalty, 20 of those states have confidentiality laws in place. Rep. Joey Hood said the legislation was "nothing new" compared to other states. Rep. Jay Hughes, D-Oxford, said he was concerned about what the bill would force the media to do to access what was previously public record. "We are restricting the media," he told Hood. "We are telling them what they can do as a state." Rep. Joey Hood maintained that a press representative was present hearings for the bill and said that anyone can access the information under civil procedure in the court of law and ask for a subpoena for those documents to be turned over. Rep. Adrienne Wooten, D-Jackson, questioned Rep. Joey Hood on why the drug suppliers, and not the manufacturers, needed to be exempt from the Public Records Act. "I think the supplier supplies the drugs, I think the manufacturer makes the drugs and ships it to the supplier and the supplier provides it to the prison, that would be my assumption," Rep. Hood told Wooten. Wooten pressed further, asking who created and mixed the concoction drug (a mix of several drugs) used for lethal injections. "Whose responsibility is it to put the drug together?" she asked Rep. Hood. "I don't have the exact answer for that," Hood said. "All I know is that the manufacturers manufacture the drug, and the supplier supplies the drug." Wooten also asked Rep. Hood if he was aware of the lawsuits in Missouri that news organizations recently won against the state's Department of Corrections for similar media exclusion attempts. Hood said he did not know about the lawsuits. In 2014, The Guardian, the Associated Press and 3 Missouri newspapers sued the Missouri Department of Corrections to release the names of pharmacies where the state bought lethal execution drugs. The news organizations won in court last week, a Guardian article says, and the judge ruled that the pharmacies did not count as a part of the execution team. Therefore, the names of the pharmacies had to be a part of the public record. The final order said that the Missouri Department of Corrections "knowingly violated the Sunshine Law by failing to comply with statutory time limits, withholding whole categories of requested documents without justification, refusing to provide redacted records, and citing irrelevant exceptions to the Sunshine Law to justify withholding responsive documents." Wooten told Hood that Mississippi was asking for the same sort of situation by passing Senate Bill 2237. "Based off of the bill you're bringing here, the news media was able to take this to court, which would be taking the state to court at this point - taking this to court and having this overturned," Wooten said. Before the House could vote on the bill, Rep. Robert Foster, R-Hernando, and four other Republicans offered an amendment to allow the Department of Corrections to use a firing squad to carry out the death penalty if "lethal injection chemicals becomes (sic) unavailable or is deemed too costly by the Commissioner of the Department of Corrections and the Attorney General." The amendment passed 70-39. 11 representatives did not vote on the amendment. The bill also passed, but was held on a motion to reconsider. (source: Jackson Free Press) INDIANA: Man faces rape, murder charges in death of 1-year-old Owen County girl A man accused in the death of 1-year-old Shaylyn Ammerman faces additional charges in connection with the case. Kyle Parker, 22, appeared in court Monday afternoon. He asked the court to appoint an attorney and pleaded not guilty in the case. Online records show Parker is charged with rape, murder, child molesting, kidnapping, strangulation and aggravated battery in the case, in addition to obstruction of justice and failure to report a dead body. Police took Parker into custody on Thursday, the same day they found the 14-month-old's body near the White River in Gosport. An autopsy showed the girl died from asphyxiation. Parker was at the Ammerman home the night Shaylyn disappeared. Her family reported her missing Wednesday morning. Her father said his mother put Shaylyn to bed late Tuesday; when they woke up in the morning, she was gone. Her disappearance set off a massive search for the little girl involving multiple law enforcement agencies. Court documents released Monday showed Parker abducted and raped the girl; he then attempted to pin it on one of her family members, using bleach on the girl's body and his own in an attempt to destroy evidence. A medical examiner said this was "the worst case of sexual trauma she had seen in her career." The night of Shaylyn's disappearance Several people were at the Ammerman home in Spencer on Tuesday night, including the girl's father, Justin Ammerman; his brother, Adam Ammerman; and Ammerman's mother, Tammy Morgan. In addition, officers were told a friend of Adam Ammerman "had also spent the night but left during the night at an unknown time. The friend was only identified as Kyle at the present time and was driving a maroon Pontiac Grand Am," court documents said. Justin Ammerman said he went to bed around 11 p.m., about an hour after his mother, Tammy Morgan, put Shaylyn in her crib. Shortly after Ammerman went to bed, he said his brother, Adam, and a friend, Kyle Parker, invited him to drink with them. Justin Ammerman said he declined and went to bed. When he woke up Wednesday morning, he couldn't find Shaylyn and went to see if she was with his mother. He then called 911. He asked his brother to walk around the house to see if she was in the yard. When Kyle Parker left the house Ammerman said Parker was gone when he woke up; his brother, Adam, said Parker had left around 3 a.m. or 4 a.m. on Wednesday. Adam Ammerman said he and Parker went to the liquor store to buy alcohol on Tuesday. Around 3 or 4 a.m. Wednesday, he said he heard the sound of the front door shutting. He realized Parker was gone; he looked outside the window to see Parker "walking away from the house" and "carrying something." He yelled goodbye to Parker, but Parker didn't turn around. Adam Ammerman said he "thought he saw a foot dangling from Kyle (Parker???s) side but was not certain so he went back to bed." A disturbing history Adam Ammerman told investigators that his mother walked into the house one day and found Parker, who was intoxicated, sitting in a rocking chair and holding Shalyn in his lap. When Tammy Morgan asked Adam about Parker's interests, he said "Kyle preferred to watch pornographic movies which featured people being spanked." Friends of Parker said he "drank a lot" and would "often get naked when drunk." They also said Parker was "attracted to younger girls in the 12- to 14-year-old range." Parker's 1st interview When interviewed by police, Parker said he left the Ammerman home around 12:30 a.m. or 1:35 a.m. on Wednesday. He recalled Adam Ammerman leaning out of a window to say goodbye and then said he drove to a friend's house. He said he sat in their garage and listened to music until his friends woke up in the morning for work. They let him in around 3:20 a.m., he claimed. Parker had told his stepsister's mother that he planned to stay the night at the Ammerman residence. Parker told police he intended to do that, but changed his mind. He said he "just did not feel like spending the night" when asked why he left the home. Parker had numerous scratches on his forearms and hands that appeared to be fresh injuries, court documents said. He claimed they were from cats at his house and insisted they were older wounds. Locating Shaylyn's body Parker's stepfather called police on Wednesday night to say Parker was willing to cooperate. When asked if he was involved in Shaylyn's disappearance, Parker didn't answer directly, but he did nod "in an affirmative response." He initially declined to lead investigators to her body, but later agreed to show them the location on a map. Parker "stated that the location was east of Gosport and it was off of an access road that ran north and south" between the railroad tracks and Indian Creek. Parker "advised Shaylyn's body was on the side of the tree that faces the road." He said it was "too dark for him to determine if Shaylyn was clothed but he did not believe so." Attempting to shift the blame Parker said he didn't carry Shaylyn, but another man did, saying it was either "Adam or Justin Ammerman but he would not tell which one." Parker said authorities "shouldn't find any of his DNA on Shaylyn's body." He tried to pin the girl's death on Adam Ammerman, court documents said, though investigators said they didn't believe him, informing him that Adam Ammerman had passed a polygraph test. When investigators found the girl's body, they also discovered a burn pile nearby that may contain her clothes and other evidence. Mike Patton, Parker's stepfather, said his stepson told him "the police would have the truth once they found Shaylyn's body and the DNA with it." Patton said he "knew right then that Kyle had taken Shaylyn and raped and killed her," court documents said. 'Worst case of sexual trauma' An autopsy showed the girl died from asphyxiation; the injuries all over her body were consistent with a sexual assault. Dr. Donna Stewart, who performed the autopsy at the Kentucky Medical Examiner's Office in Louisville, Ky., told investigators that this was "the worst case of sexual trauma she had seen in her career." The girl suffered multiple hemorrhages to her face and had a laceration on the upper left lip and a contusion on the lower left lip. She "suffered from multiple cutaneous abrasions and contusions to multiple body regions" in addition to severe trauma to her private areas. A stepson's confession Parker's stepfather called police on Sunday to inform them that Parker had confessed to the crime. Patton said he "could not live with himself if he did not tell" investigators what happened. Patton said Parker confirmed he'd acted alone in Shaylyn's death and disappearance. She was alive and dressed when he took her from the home. He put her in his car and drove until he pulled over to the side of the road and raped her; he then smothered her with "some type of cloth that he already had in the vehicle," court documents said. Parker poured bleach on Shaylyn's body in order to conceal any traces of his DNA, Parker told his stepfather, and also used bleach to wipe down his own body. He then burned her clothes and pacifier; he told his stepfather that he hoped he would create "reasonable doubt by using the bleach to destroy DNA and confuse the investigators by accusing a family member." Parker said he hoped that would be enough to prevent charges from being filed in the case. Parker's sister, Bree Smith, released a statement Monday: "It is awful my heart is broken, I pray to God my brother didn't do it. I love my brother, I'm in shock and I just can't believe any of these charges... I'm so upset." Prosecutors say because the graphic nature of the allegations, they have not ruled out seeking the death penalty. "These types of allegations are just atrocious," said Owen county prosecutor Donald Vandermoere. Prosecutors say the death has taken an emotional toll on the city of Spencer and all the law enforcement working the case. "This is the 1st time in my tenure I've seen grown law enforcement wincing in pain. It's just horrible," said Vandermoere. Shaylyn's funeral is scheduled for Wednesday at the Christian Life Center in Spencer. Visitation will be held starting at 3 p.m. A private burial will be held at Chambersville Cemetery. (source: cbs4indy.com) ******************** Attorney weighs in on charges against Kyle Parker New charges were announced Monday in the murder of 1-year-old Shaylyn Ammerman of Spencer. Kyle Parker now has 8 charges against him, including murder, rape, child molesting, kidnapping with serious bodily injury, aggravated battery, and strangulation. Attorney Jack Crawford is not involved in the case but cringed at the details in the probable cause statement describing charges against Parker. "The pathologist who did the autopsy on the young girl said it was one of the most horrible cases of sexual assault the pathologist had ever seen," he said. In the probable cause statement, Parker is accused of kidnapping 1-year-old Shaylyn Ammerman from her father's home, raping her, murdering her, then hiding her body in the woods. Crawford said this case is eligible for the death penalty because of Shaylyn's age and the type of crime against the victim. Crawford believes that Parker's public defender will ask for a mental health evaluation right away. "So if indeed he has a mental illness then it's a factor that the county will have to consider," he said. If Parker is found to have a mental illness, he can't by law be sentenced to death. However, that is not enough to justify an insanity plea. Crawford said 2 things must be proven for that to happen. "One that you suffer from a severe mental disease or defect," Crawford said, "And number 2, that the disease or defect created a condition where you did not know what you were doing was wrong." But the probable cause statement describes actions like Parker pouring bleach on the baby and hiding her body. "That certainly indicates the mental capacity to realize I've done something very wrong and I'm going to try to hide my tracks by doing all these things to hide my guilt," he said. According to court documents, Parker had been consuming alcohol the night of Shaylyn's disappearance. Crawford said he likely won't be able to use that as a defense, either. "If you drank voluntarily, got intoxicated, and committed a horrible crime, it is no defense in this state," he said. (source: WISH TV news) IOWA: Death penalty not likely for former UI student in China Johnson County officials who went to China last week to observe the trial of a former University of Iowa student say they do not believe the death penalty is likely. Xiangnan Li, 24, admitted in court Wednesday that he killed his then-girlfriend, 20-year-old Iowa State student Tong Shao, in September 2014 and fled to China. Shao's body was stuffed in the trunk of her car, which had been left in the parking lot of an Iowa City apartment complex. Li turned himself in to Chinese authorities in May 2015 and was charged with Shao's murder in June. He will serve his punishment in China, but the exact sentence is unknown. Johnson County Attorney Janet Lyness said it was her understanding that Li's sentence is likely to range from 20 years to life in prison, but that Chinese authorities consider that he turned himself in to be a mitigating factor that decreases the likelihood of the death penalty. Lyness spoke at a news conference Monday afternoon, where she introduced Assistant County Attorney Elizabeth Dupuich and Iowa City Police investigator David Gonzalez, who helped investigate Shao's death and traveled to China last week to observe the trial. ICPD investigator Andy Rich also flew to China for the trial but was not at the news conference. Shao, who had come to ISU to study engineering, was killed in Iowa in September 2014. Her body was stuffed in the trunk of her car, which had been left in the parking lot of an Iowa City apartment complex. Shao homicide case timeline Sept. 5-7, 2014: Tong Shao and her boyfriend, Xiangnan Li, stay at the Budget Inn and Suites, 1521 South G Ave., in Nevada, Ia. Police wrote in a search warrant that "evidence of Tong Shao's death may be found in the hotel room." Sept. 7, 2014: Li allegedly kills Shao and flees to China, according to authorities. Sept. 17, 2014: Shao is reported missing to the Ames Police Department. Sept. 26, 2014: Police find Shao's body in her Toyota Camry parked in the area of 2401 Highway 6 E. in Iowa City. Li is living at the apartment complex and is identified as a person of interest. May 13, 2015: Li surrenders to police in Wenzhou, China, and is detained. Early June, 2015: Criminal Investigation Bureau of China investigators go to Iowa City to work with the Iowa City Police Department, the Ames Police Department and the Johnson County Attorney's Office. (source: Iowa City Press-Citizen) OKLAHOMA: New commission to study constitutionality of Oklahoma death penalty system Backed by a national research group, a newly formed commission of former elected officials, prosecutors, judges, public defenders and advocates will study the constitutionality of Oklahoma's death penalty over the next year. The study, performed by the Oklahoma Death Penalty Review Commission, will be the 1st time an independent study of the state's death penalty has been conducted. "I don't like to talk about it, I don't like to think about it, but it's something we as a civil society need to do," said former Gov. Brad Henry. "We need to do this in-depth review from top to bottom and figure out what's working and what's not." (source: Tulsa World) From rhalperi at smu.edu Tue Mar 29 10:53:12 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 29 Mar 2016 10:53:12 -0500 Subject: [Deathpenalty] death penalty news-----CALIF., USA Message-ID: March 29 CALIFORNIA----death row inmate dies San Quentin death row inmate dies of natural causes A death row inmate at San Quentin State Prison died of natural causes at a medical center in the community, California Department of Corrections and Rehabilitation officials said Monday. Bernard L. Hamilton, 64, was pronounced dead at 10:45 a.m. A San Diego County jury sentenced Hamilton to death on March 2, 1981, for 2nd-degree burglary and the 1st-degree murder of Eleanore Buchanan on May 31, 1979, corrections officials said. Hamilton kidnapped, murdered and dismembered Buchanan's body after she caught him burglarizing her van, Robinson said. Hamilton also had a conviction for burglary in 1973, and was on death row since March 4, 1981, according to corrections officials. Since 1978 when California reinstated the death penalty, 70 condemned inmates, including Hamilton, have died of natural causes, 25 have committed suicide, 13 have been executed in California and 1 was executed in Missouri, 1 in Virginia, 8 have died of other causes and one cause of death is spending, according to the CDCR. There are 747 inmates on the state's death row, corrections officials said. (source: San Francisco Examiner) ****************** Trial's penalty phase begins in killings of 4 at Valley Village memorial gathering A man who opened fire at a memorial event at a Valley Village restaurant, killing 4 people and wounding 2 others, should be sent to death row, a prosecutor said Monday, but a defense lawyer asked jurors to consider their "individual morals" and spare the man's life. Nerses Galstyan, 32, was convicted earlier this month of 2 counts of 1st-degree murder for the shooting deaths of Vardan Tofalyan, 31, and Harut Baburyan, 28, along with 1 count of 2nd-degree murder for the killing of Hayk Yegnanyan, 25, and 1 count of voluntary manslaughter in the death of Sarkis Karadjian, 26. A jury found true the special circumstance allegation of multiple murders, making Galstyan eligible for a death sentence. The 9-man, 3-woman jury is now charged with recommending whether the defendant be put to death for the crimes or spend the rest of his life in prison. Anticipating a defense argument that Galstyan had no prior convictions and behaved well during his 6 years in jail awaiting trial, earning an education certificate, Deputy District Attorney Jonathan Chung told jurors none of that "lessens the fact that he killed 4 people." Chung also reminded the panel of 2 surviving victims, 1 of whom lost an eye. The other has a bullet which remains lodged 2 inches from his spine, the prosecutor said. Galstyan was convicted of the attempted voluntary manslaughter of the 2 men. "We're going to ask that you give him the death penalty," the prosecutor said. Defense attorney Alex Kessel told the jury panel it was enough that his client would spend the rest of his life in prison. "He'll never get out again," Kessel said. Kessel said jurors had the opportunity to consider "your individual conscience, your individual morals." "Death is not appropriate," the defense attorney said, adding that the voluntary manslaughter convictions - originally charged as attempted murders - showed "a belief that there (were) issues of protection, self-defense" behind the killings. Galstyan "never had any acts of violence in his life,' prior to the shooting, Kessel said. "My client doesn't deserve the death penalty." Yegnanyan's mother took the stand and told jurors, "The whole world turned dark and cold for me," when she learned her eldest son had died. Under cross-examination, she described 2 of her son's tattoos as memorializing the death of his stillborn daughter and 1 of his brothers, who had died as a toddler. She said she had "never, ever seen him carrying a knife." The younger sister of Baburyan said her brother had virtually raised her following the death of her mother when she was 5 years old. "He was my world, he was everything to me," Hermine Baburyan said. Dealing with his death is "a daily struggle. I can't say it gets better," she told jurors. It was undisputed during trial that Galstyan shot and killed Yegnanyan, Karadjian, Baburyan and Tofalyan, who was described as the defendant's best friend, at the Hot Spot restaurant on April 3, 2010. Kessel argued, however, that the shooting was carried out in self- defense. He told jurors that Yegnanyan pulled a knife on Galstyan's brother, Sam, outside the restaurant prior to the shooting. Kessel said his client tried to defuse the situation by picking up Yegnanyan, hoisting him over his shoulder and turning in circles before putting him down. Yegnanyan then called Karadjian and Baburyan, who came armed to the memorial gathering, according to Kessel. "My client, Nerses Galstyan, was the one targeted that day," Kessel said, telling the jury that Galstyan only fired when Karadjian pulled a gun on him. Galstyan and his brother testified that Yegnanyan had been pressing Sam Galstyan to run drugs through his motorcycle club, leading to escalating tension between the 3 men. But Deputy District Attorney Thomas Trainor insisted that Galstyan "walked in ready to fire, bullet already in the chamber, no safety on." The prosecutor said Galstyan "began firing as he walked in ... round after round after round after round .. pausing to reload ... stopping only when he ran out of bullets." Karadjian was "never able to chamber a round," according to Trainor. After the shooting, the Galstyan brothers fled to a Seattle, Washington suburb, where they were later arrested, because they were "2 scared guys looking for "safety, not for sanctuary," Kessel said. Sam Galstyan was not charged in connection with the shooting. (source: mynewsla.com) ******************** Madera man's death sentence upheld in double-murder revenge killing The California Supreme Court on Monday unanimously upheld the death sentence for a Madera man who committed a double-murder revenge killing with his son in October 1995. In his appeal, Pedro Rangel Jr., now 68, argued that he didn't get a fair trial in Madera County Superior Court because many potential Hispanic jurors were excluded from jury selection. He also contended that 2 jurors should have been disqualified after they told trial Judge John W. DeGroot that they knew but were not close friends with 2 prosecution witnesses - the mother and brother of victim Chuck Durbin. In addition, Rangel said 1 juror was considering a death sentence before hearing any mitigating evidence. But the high court said in a 54-page ruling that there was no evidence that any racial or ethnic group was systematically excluded from jury selection. The justices also said Rangel's attorney never objected to the lack of Hispanics during the selection process, therefore Rangel forfeited his claim on appeal. Regarding the 2 jurors who knew Durbin's relatives, the high court said, DeGroot found no evidence that they would be biased against Rangel. The justices also ruled that the juror who was leaning toward a death sentence promised to hear mitigating evidence before making a decision whether to recommend death or life in prison without parole. Father and son were known as "Big Pete" and "Little Pete." On the night of Oct. 7, 1995, Rangel and his then-23-year-old son, Pedro Rangel III, went to the Madera home of Chuck Durbin to hunt down Juan Uribe. During the elder Rangel's trial, the prosecution contended that the Rangels held Uribe responsible for a grazing head wound the younger Rangel suffered in an earlier altercation in Madera. Court records say the younger Rangel said, "What's up, Juan Uribe? What's up now?" right before the 23-year-old Uribe was shot multiple times. The elder Rangel shot Durbin, 38, who was trying to protect his wife and 3 children, ages 7, 6 and 3, from the intruders. Durbin's wife, Cindy, however, was wounded in the gunfire, court records say. Though the children were uninjured, 1 of them saw their father get shot, the records said. After the killings, the elder Rangel asked his stepdaughter's husband to dispose of a basket containing clothes and weapons. Instead, the man showed police "where the weapons were located," court records say. The weapons were a .380-caliber semiautomatic handgun, and a .22-caliber semiautomatic rifle. Ballistics testing revealed that the .380-caliber bullets found at the crime scene and in the getaway car had been fired from the .380-caliber handgun. All 16 .22-caliber casings found at the crime scene had been fired from the rifle. The rifle, or a similar weapon, had fired the .22-caliber bullets recovered from Uribe's and Durbin's bodies, court records say. A day after the killings, father and son told others that "they had went and done a shooting" and that "they shot the house up." The elder Rangel also told his wife. According to court records, Mary Rangel told her husband: "You're a murderer. And now my son is one, too." The prosecution also introduced evidence that Rangel and his son tried to create an alibi. They went to a convenience store owned by another stepdaughter's boyfriend. They made a video on the store's security system to show they were working. The tape was then altered to falsely show they were working at the time of the killings, court records say. Rangel and his son were tried separately. Defendant could see from outside Durbin's house that several people were inside, yet defendant continued with his plan to kill Uribe. California Supreme Court ruling A jury in October 1998 found the elder Rangel guilty of 2 counts of 1st-degree murder with the special circumstance of multiple murders. A week later, the same jury recommended death. At his sentencing in February 1999, DeGroot heard arguments to mitigate Rangel's sentence to life in prison: he had no criminal record, was employed in the community, and had a reputation for helping others. The judge also noted testimony that Rangel had been intoxicated and stumbling the night of the murders. The judge also heard from Durbin's mother, Ginger Colwell, who told the judge that her son didn't deserve to die. DeGroot said, "Death was warranted" because Rangel didn't even know the Durbin family. In its ruling Monday, the high court said: "Substantial evidence supports the jury's finding that the defendant premeditated Durbin's murder. The evidence demonstrated defendant and his son armed themselves and went in search of Uribe to kill him. They located Uribe at Durbin's house. Defendant could see from outside Durbin's house that several people were inside, yet defendant continued with his plan to kill Uribe." Court records say the younger Rangel was convicted of the double murder by a different jury and was sentenced in March 2000 to life in prison. His sentence, however, was later reversed, and in a plea agreement was given a lesser prison sentence. The younger Rangel died in October 2012 at the age of 37. He is buried in Madera at Calvary Cemetery. (source: Fresno Bee) *********************** Jones defense team offers plea deal if DA drops death penalty effort The legal team for a Fairfield man accused of the 2013 rape and murder of a 13-year-old girl lost out on their 2nd effort to get the death-penalty case thrown out after raising claims of prosecutorial misconduct more than 2 months ago. Deputy Public Defender John Mendenhall, who is heading up the defense for Anthony L. Jones, said Monday the failed effort had been spurred by efforts to try to negotiate a plea deal in which Jones would plead to murder and related charges if prosecutors give up on seeking the death penalty, settling instead for Jones being sentenced to life in prison without possibility. Jones is accused of kidnapping Genelle R. Conway-Allen as she walked home from school on the afternoon of Jan. 31, 2013. Her nude body was discovered about 14 hours later on the morning of Feb. 1 in Allan Witt Park. Jones was arrested a few days later and has been locked up since then. Mendenhall, as he has done before while filing a multitude of defense motions in the past three years, lamented to Judge E. Bradley Nelson that the case had been "going on for so long." Mendenhall then said Nelson's rejection of claims of prosecutorial misconduct would force the defense team to seek more delays for a jury trial currently set to start in September. The defense team in January claimed that Conway-Allen's mother she did not want the death penalty for Jones, and that prosecutors knew of the mother's wishes. Ray, after listening to Mendenhall's repeated claims that she was misleading and evasive because she never reported the mother's alleged statements to the defense team, said the claim was baseless, that no meeting with the mother in which the death penalty was discussed had ever occurred and the defense investigator's claims of what he was told was secondhand information that could not be heard by jurors. "How do you respond to something that did not happen?" Ray's fellow prosecutor Susan Rados asked Nelson. Mendenhall responded by once again bringing up the 2013 incident involving Ray in which she received an email from the doctor who conducted the Conway-Allen autopsy, opining that there was no rape but instead consensual sex. Mendenhall said Ray's action in 2013 and the 2016 claims over the mom's alleged statements proved Ray was guilty of a "pattern and practice of outrageous government conduct" that merited the case being thrown out or at least dropping the death penalty or bumping Ray from the case. Nelson rejected the defense requests, saying it seemed likely the law would preclude the mother's opinion, if she had made one, from being allowed before a jury. Nelson went on to add that he had heard no evidence in the past 2 months that supported the accusations Mendenhall raised against Ray. Ray previously labeled the accusations as "slanderous." Prosecutors and the defense team are expected to next return to court April 18 to argue other motions filed by the defense team, including 2 new motions filed before Monday's hearing. (source: Daily Republic) ***************** Opening Statements Begin in Death Penalty Murder Trial----Darnell Williams, 25, is accused of the killings Alaysha Carradine, 8, in Oakland and weeks later, 22-year-old Anthony Medearis in Berkeley. A prosecutor Monday outlined his case against an Oakland man accused of killing an 8-year-old girl and 22-year-old man in separate shootings in 2013, saying he had a belief in street justice and retaliation that included "killing innocent and defenseless people, including women and children." Darnell Williams, 25, is accused of the killings of 8-year-old Alaysha Carradine during a sleepover at an East Oakland home on July 17, 2013, then 22-year-old Anthony Medearis in Berkeley in an unrelated shooting 7 weeks later. In his opening statement this morning in Williams' trial, prosecutor John Brouhard said, "You'll see the aftermath of this defendant's rampage." Brouhard said the shooting at an apartment in the 3400 block of Wilson Street at about 11:15 p.m., which claimed Alaysha's life, wounded 2 other children and a 63-year-old woman, was in retaliation for the shooting death of 26-year-old Jermaine Davis in the 1800 block of Derby Street in Berkeley about 4 hours earlier. Davis was a close friend of Williams, who allegedly wanted to kill Antiown York, the man he thought had killed Davis, and fired shots into the apartment on Wilson Street because York's ex-girlfriend, the mother of York's children, lived there, Brouhard said. The mother wasn't home when Williams opened fire but the shots struck Alaysha, York's 2 young children and their grandmother, according to Brouhard. Williams' case marks the 1st time in many years that the Alameda County District Attorney's Office is seeking the death penalty. The last time the office sought the death penalty was for David Mills, who was convicted of murdering 3 people in a shooting in 2005 and killing a 4th person in a separate case in 1997. Mills was convicted and sentenced to the death penalty in 2012. Medearis was fatally shot in the 1400 block of Eighth Street in Berkeley in an unrelated shooting at about 5:45 p.m. on Sept. 8, 2013. In addition to 2 counts of murder for the deaths of Alaysha and Medearis, Williams is charged with 3 counts of attempted murder for the shooting on July 17, 2013. Williams also faces 3 special circumstance allegations: committing multiple murders, lying in wait in the shooting that claimed Alaysha's life and killing Medearis during the course of an attempted robbery. Williams' lawyer will present their opening statement later today. (source: Bay City News) **************** On this day: Serial killer Charles Manson sent to gas chamber; The notorious killer was sentenced to death on 29 March, 1971, but the abolition of the death penalty in California saw that commuted to life in prison. One of the most notorious killers in living memory was sentenced to death on this day 45 years ago. But a change in the law means that Charles Manson is still alive today. Manson started a cult known as the Manson Family, a quasi-commune which committed the murders of 9 people in the United States in the summer of 1969. The most famous of the Manson Family victims was actress Sharon Tate, the wife of film director Roman Polanski, who was killed in her home when she was just weeks away from giving birth aged 26. Manson and other members of the cult were found guilty of conspiracy to commit the murders of 7 people, including Tate, and he was sentenced to death on March 29, 1971. But in 1972, prior to his impending execution, Manson's death sentence was automatically commuted to life imprisonment when a decision by the Supreme Court of California temporarily eliminated the state's death penalty. California's eventual reinstatement of capital punishment did not affect Manson, who is currently serving nine concurrent life sentences at Corcoran State Prison in Corcoran, California. Manson will next be eligible for parole in 2026, when he will be 92-years-old. The killer hit the headlines again in late 2014 when he was given permission to marry a 26-year-old woman who had become infatuated with him in prison. (source: dailyrecord.co.uk) USA: Report: Prosecutors Rarely Disciplined for Misconduct Prosecutors are rarely held accountable for misconduct and mistakes that have left innocent people imprisoned for crimes they didn't commit, according to report Tuesday by a nonprofit group that investigates possible wrongful convictions. The Innocence Project's report coincides with the 5th anniversary of a U.S. Supreme Court ruling that overturned a $14 million judgment to a former death row inmate who was convicted of murder after New Orleans prosecutors withheld evidence from his defense lawyers. In response to the ruling, researchers examined 660 criminal cases in Arizona, California, Pennsylvania, New York and Texas where courts ruled there had been prosecutorial misconduct. Their report found only 1 prosecutor had been disciplined in any of those cases between 2004 and 2008. Convictions were reversed in 133 of those 660 cases, the report said. "There are almost no adequate systems in place to keep prosecutorial error and misconduct in check and, in fact, prosecutors are rarely held accountable even for intentional misconduct," the report says. John Thompson was convicted in 1985 of killing hotel executive Raymond Liuzza Jr. but exonerated after 14 years on death row. He successfully sued the New Orleans district attorney's office, which had withheld blood test results that excluded Thompson as the perpetrator in an attempted robbery. Prosecutors used Thompson's conviction in the robbery case to help secure the death penalty in the murder case. Thompson's attorneys argued there was ample evidence that former Orleans Parish District Attorney Harry Connick's office was deliberately indifferent to the need for properly training, monitoring and supervising prosecutors. But a divided Supreme Court overturned Thompson's $14 million award in 2011, ruling that the New Orleans district attorney's office shouldn't be punished for not specifically training prosecutors on their obligations to share evidence that could prove a defendant's innocence. The Innocence Project's report says the court's decision means prosecutors "enjoy almost complete immunity from civil liability." "Given their broad powers, it is critical that effective systems of accountability are implemented to incentivize prosecutors to act within their ethical and legal bound," the report adds. (source: ABC news) **************** Prosecutors: Defense move would extend death penalty appeal Federal prosecutors in the death penalty appeal of a man who killed a University of North Dakota student in 2003 say a request by defense attorneys to withdraw from the case could be seen as a "disguised delay tactic." Alfonso Rodriguez Jr's lawyers say a new defense team is needed because of staffing and personnel changes in the federal system and the Minnesota federal public defender's office. Prosecutor Keith Reisenauer says in his response that he is opposed to the change. He says granting the defense motion will likely postpone proceedings for at least a year or more. The final appeal was filed more than 5 years ago. Rodriguez, of Crookston, Minnesota, sits on death row in Terre Haute, Indiana, for killing Dru Sjodin, of Pequot Lakes, Minnesota. (source: Associated Press) From rhalperi at smu.edu Tue Mar 29 10:53:54 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 29 Mar 2016 10:53:54 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 29 INDIA: Yug's killer moves HC One of the perpetrators in Yug Chandak case - Arvind Abhilash Singh (23) - moved the Nagpur bench of Bombay High Court challenging the death sentence awarded to him while praying for leniency. A division bench comprising Justice Bhushan Gavai and Justice Atul Chandurkar on Monday admitted the case for final hearing, which will commence from April 25. The judges also directed its registry to complete formalities like preparing paperbook of the case related to the cold blooded murder of an innocent child before April 17. Singh's plea was clubbed with another regarding confirmation of his death sentence along with prime accused Rajesh Dhanalal Daware (19). Both the convicts were awarded a rare double death penalty on February 4 for the diabolical murder of 8-year-old Yug on September 1, 2014, that sparked off huge outrage and candle light protests in the city. This was 2nd such verdict after a Yavatmal sessions court sent labourer Shatrughan Masram to gallows for brutally raping and murdering a 2-year-old girl on August 14 last year. The court would simultaneously hear both cases on April 25, according to Chandak's family counsel Rajendra Daga, who assisted the prosecution. Mehroz Pathan represented the government. (source: The Times of India) *************** Bihar to provide for death penalty to enforce liquor ban; The state minister said the poorest of the poor were consuming liquor, leading to family problems, domestic violence and affecting their children's education. Ahead of phased ban on manufacture and sale of liquor in the state, the Bihar government has decided to bring an amendment bill in the assembly on Wednesday to provide for death penalty for people found violating it. "The state government will bring an amendment bill to include provision of death penalty for manufacturing illicit country liquor after ban comes into effect in the state from April 1," Bihar Excise and Prohibition Minister Abdul Jalil Mastan told media here on Tuesday. Chief Minister Nitish Kumar last week announced the government in the ongoing budget session of the assembly would amend law to include provision of death penalty for manufacturing and sale of illegal liquor. Mastan said in the 1st phase, manufacture and sale of country and spiced liquor would be banned followed by Indian-made foreign liquor later this year. Last year, during campaigning for the 2015 Bihar assembly elections, Nitish Kumar announced an alcohol ban to be implemented from April 1. The state minister said the poorest of the poor were consuming liquor, leading to family problems, domestic violence and affecting their children's education. "Women are suffering more than anyone else due to increasing liquor consumption." According to officials, the ban decision was expected to impact the state government's financial health. Bihar earns an annual revenue of around Rs.3,650 crore from liquor sale. To provide the livelihood of those involved in the liquor business, the government has offered them to sell products of the state-run Bihar State Milk Cooperative Federation Ltd. under the brand name "Sudha Dairy". (source: india.com) **************** Gallows for minor's rapist The session's court of Mumbai awarded death penalty to one Nazir Shaikh on Monday for sexually assaulting and killing a minor in 2012. In 2012, a 4-year-old girl fr-om Mumbai's Sakinaka area had gone missing and her body was later found dumped. She was brutally murdered after being assaulted sexually. Upon investigations, the police arrested Nazir Shaikh, the nei-ghbour of the deceased girl. As the investigation was not moving ahead and the police could not gauge apt evidence against Shaikh, the victim's father then had approached the Bombay High Court, seeking the case be transferred to higher authorities for further probe. After hearing the petition, the Bombay High Court had directed the Mumbai Police to transfer the case to a higher rank office and complying by the court's orders the Mumbai Police had then handed over the case to the then Assistant Commissioner of Police Shantilal Bhamare. ACP Bhamare then again investigated the case from the beginning and successfully collected enough evidence against Shaikh. Finally after a total of 4 years, the session's court convicted Shaikh and awarded death penalty to him. "My daughter has finally got justice," was the only thing the victim's father who is a driver by profession, expressed. When asked if would also fight in the High Court as Shaikh has the option to move to High Court to challenge the lower court's judgement, he said, "I'm ready to fight in each and every court to get justice for my daughter. I will fight legally till the last breathe of my life." (source: Free Press Journal) ************************* MPHC stays hanging of rapist-murderer The Madhya Pradesh High Court today stayed, for a period of 3 months, the execution of a death warrant vis-a-vis a convict who raped and murdered a 3-year-old. Sachin Singrah, a driver hailing from Satna District's Maihar, was to be hanged on Wednesday. On February 23 last year, he targeted the minor who used to go to school in his vehicle. On the basis of Singrah's confession, the body was seized from a well a couple of days later. In August, an additional district judge awarded the death penalty and the High Court placed its seal of approval on March 3. The convict wrote to the Chief Justice seeking time for appealing to the Supreme Court. Justices SK Seth and Rajendra Mahajan stayed the execution. (source: webindia123.com) MALAYSIA: Alternative charges for 2 accused in Morais' case 2 of the 7 men charged with the murder of Deputy Public Prosecutor Datuk Anthony Kevin Morais have been given an alternative charge each by the prosecution. Deputy Public Prosecutor Datuk Abdul Razak Musa told High Court judge Justice Azman Abdullah that the prosecution had preferred an alternative charge to college student S. Nimalan and jobless A.K. Thinesh Kumar. Nimalan was alternatively charged under Section 201 of the Penal Code with assisting to hide a body and destroy a vehicle bearing plate number WA 6264 Q with the intention to prevent six other co-accused from being prosecuted. The offence was said to have been committed between Jalan Dutamas 1 and an oil palm plantation in Kampung Sungai Samak, Hutan Melintang, Hilir Perak, Perak, between 7am on Sept 4 and 2am on Sept 5, last year. Thinesh Kumar was alternatively charged with causing the death of Morais, 55. Thinesh Kumar, allegedly committed the offence during the journey from Jalan Dutamas 1 to No. 20, Desa Mentari in Petaling Jaya between 7am on Sept 4 and 11.30am on Sept 5, last year. However, Nimalan and Thinesh Kumar, both 22, pleaded not guilty to the alternative charges. Justice Azman said the 1st day of trial which was fixed for Apr 6 earlier would remain. After the court proceedings, DPP Abdul Razak told the media that the alternative charges were preferred based on the facts of the case and their role in the case. On Jan 27, this year, army pathologist Col Dr K. Kunaseegaran, 52, is charged with abetting in the High Court with the murder of Morais under section 109 of the Penal Code, read together with Section 302 of the same Code. Apart from Nimalan and Thinesh Kumar, 4 others were charged with the murder of Morais which was committed between 7am and 8pm from Jalan Dutamas Raya to Jalan USJ 1/6D on Sept 4 last year. They are G. Gunasegaran, 47, R. Dinishwaran, 23, M.Vishwanath, 25, and debt collector S. Ravi Chandaran, 44, They face the mandatory death penalty, if convicted under Section 302 of the Penal Code. (source: The Star) **************************** Death penalty violates right to life and is the ultimate cruel, inhuman and degrading punishment - Suhakam The Human Rights Commission of Malaysia (the Commission ) notes the execution of Gunasegar Pitchaymuthu, Ramesh Jayakumar and Sasivarnam Jayakumar on 25 March 2016 under section 302 of the Penal Code, read together with section 34 of the same Code. The Commission expresses regret in this regard as only recently in November 2015, Minister in the Prime Minister's Department, YB Hajah Nancy Shukri announced that the Government was in the midst of finalising amendments to remove the mandatory death penalty in relevant laws. The Bill was expected to be tabled at the current (March 2016) Parliamentary session. Today, over 2/3 of the world's nations have abolished the death penalty in law or practice. The Commission is concerned because the mandatory imposition of the death penalty violates the basic right to life, as enshrined in international human rights laws as it constitutes an arbitrary deprivation of life, as well as denies judges the possibility of taking into account the facts of the offence or the characteristics of each individual offender. Instead, each offender is sentenced to death regardless of any mitigating circumstances that may apply. While discussions on abolishing the mandatory death penalty in the country continue, the Commission cautions that any miscarriage or failure of justice in the implementation of the death penalty is irreversible and irreparable. Further, the rationale that the death penalty acts as a deterrent has been discredited and dismissed on several occasions. The Commission therefore recommends that a moratorium on the use of the death penalty be put in place that will at the very least, contribute to the respect for human dignity and to the enhancement and progressive development of human rights in Malaysia. This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail Online. (source: themalaymailonline.com) BANGLADESH: Death penalty for one in Shipon murder A Khulna court Monday handed down death penalty to a woman for killing her beloved Emdadul Haque Shipon on March 8 in 2014. Judge of Additional Metropolitan and Session Court of Khulna Dilruba Sultana gave the verdict in presence of the convict after examining records and witnesses of the case. The convict is Fatema Akter Sonali, 21, a madrasa student, daughter of late Khabir Gazi, residence at Joykhali Koiyabazar area under Harintana Police Station in the city. The judge also acquitted Mehedi Hasan Anik, a close friend of Sonali as the prosecution could not proved against him. According to the prosecution, the convict killed Shipon, 23, a final year student of Medical Institution of Science and Technical College of Khulna, son of Mohiuddin Sheikh, residence at police line area under Khulna Kotwali Police Station on March 8 in 2014. On information, police recovered Shipon's beheaded body from the residence of Abu Bakkar, maternal uncle of Shipon, at Zoragate Public and Works (P&W) colony area in the city. His brother Babul Mian filed a case with Sonadanga Police Station in the connection on March 9 accusing unidentified criminals. On March 15, Police arrested Sonali and her boy friend Mehedi Hasan Anik in this connection. Later, Sonali confessed her involvement into Shipon murder before the CMM court. SI Showkat Hossain started investigation and pressed charge sheet against Sonali and Anik on April 30 in 2014. Narrating causes behind the killing, the charge sheet was described, Shipon was a part time lift operator of Khulna Medical College Hospital (KMCH) engaged with love affair with Sonali before killing. At one stage, Sonali knew that her lover Shipon has developed sex relationship with 4 to 5 girls which became her very hurt and cruel. "Sonali designed a plan to kill her lover and waiting for an opportunity. She went to the residence of Shipon's uncle with sleeping medicine mixed soft drink on the fateful day as she become to know that his uncle will stay at Magura from March 6 to March 9, 2014. After completing her killing mission she managed to flee with taking laptop and mobile phone of her lover," according to charge-sheet. After examined the documents and witnesses the judge handed down the verdict, according to BSS. (source: The Financial Express) ****************** Death penalty for 3 for killing minor A speedy tribunal here on Tuesday convicted 4 men and sentenced 3 of them to death and the other life term imprisonment for killing a schoolboy after abduction in Sherpur on 2 August 2015. The condemned convicts are Abdul Latif, uncle of the victim boy, Aslam Babu and Rabin Hossain while the lifer is Imran Hossain. All the 4 were fined Tk10,000, in default, to serve 6 months more in jail. According to the prosecution, the convicts abducted Arafat Islam Rahat, son of Shahidul Islam, a resident of Girja Narayanpur area of the district town on 2 August 2015. They also demanded Tk2 lakh as ransom from the victim's father for his (Rahat's) release. Later Shahidul filed a case with Sadar Police Station against them on 7 August. The police arrested the 4 after the case was filed. Following the arrestees' statement, police recovered the body of Rahat from Madhutila Eco Park in Nalitabari upazila on 8 August. After examining the evidence and witnesses, Saidur Rahman Khan, judge of the Women and Children Repression Prevention Tribunal, handed down the verdict within its nine working days. (source: Prothom Alo) CHINA: Australian meth smuggler to learn if he will face death by firing squad in China Dual national Australian and New Zealander Peter Gardner, who was accused of transporting 30 kilogrammes of methamphetamine - or "ice" - from Guangzhou in 2014, is awaiting a decision on whether he will receive the death penalty in April. He was arrested in 2014 at Guangzhou airport along with his then-girlfriend, Kalynda Davis, who has since been freed and returned to Australia. However, Gardner remained in prison. Peter Gardner, arrested in China with Kalynda Davis and 30kg of ice in 2 suitcases, is about to find out if he will face a firing squad. He was found guilty of trafficking drugs last May. Gardner had argued that he thought he was transporting bodybuilding peptides and denied that the drugs were his. According to Chinese law, smuggling drugs can result in the death sentence. Gardner's 30kg of drugs was reportedly the largest ever single bust of ice, according to Chinese local media. (source: Hong Kong Free Press) TAIWAN: Taiwan far from reaching consensus on scrapping capital punishment Premier Simon Chang said Tuesday that there must be a high degree of public consensus before capital punishment can be scrapped, and that he believes society is far from reaching that high degree of consensus. The premier noted that a lot of people want to scrap the death penalty, but pointed out that it is a punishment stipulated under the law and that to change the law will need "a very, very high degree of consensus among the public." He noted that since a random killing on a Taipei metro train in 2014, the issue has been repeatedly debated. But it is still very far from reaching a consensus, he said. His words came as the nation was gripped in shock and anger by yet another random killing of a young victim, a 4-year-old child in Taipei, Monday, and the debate raged again on whether it is right to push for the scrapping of the death penalty, a goal that the nation is heading toward. Chang has instructed his deputy, Duh Tyzz-jiun, to convene a series of meetings to come up with short-, middle- and long-term contingency plans within one month to address the incident, in a meeting held Tuesday afternoon, Cabinet spokesman Sun Lih-chyun said. In the short term, the Ministry of the Interior has to step up campus patrol and social security. In the mid-term, the Ministry of Health and Welfare must strengthen mental education, pinpoint high-risk mental patients and follow their conditions, and revise relevant laws if necessary. In the long term, the Ministry of Education must deal with the issue on the family and education fronts. Meanwhile, President Ma Ying-jeou, accompanied by Chang, went to the victim's home in Neihu District to extend condolences to her family. Ma has instructed the National Police Agency to step up security to put the nation, as well as the parents of children, at ease following the gruesome killing. President-elect Tsai Ing-wen laid flowers and a card at the scene of the murder Tuesday. She said that the nation is in sorrow and feels uneasy. "This is the time for us to show determination," she said, noting that when the social security net is not sufficient or has holes, the government needs to strengthen it or plug the holes. "People in Taiwan have the right not to live in fear," Tsai said, adding that "the government must shoulder the biggest responsibility." (source: focustaiwan.tw) SAUDI ARABIA: Report: Saudi authorities seek death penalty for coming out A published report indicates that people who come out online in Saudi Arabia could face the death penalty. Oraz, a Saudi newspaper, reported on Saturday that prosecutors in the city of Jiddah have proposed the penalty in response to dozens of cases they have prosecuted over the last 6 months. These include 35 people who received prison sentences for sodomy. Okaz reported that Jiddah authorities have prosecuted 50 cases in which men allegedly dressed as women. A doctor who lives in the port city on the Red Sea has been released on bail after officials arrested him for allegedly raising an LGBT Pride flag over his home. A gay Saudi man who lives outside the kingdom told the Washington Blade on Monday during a telephone interview the enhanced penalties that Jiddah prosecutors have proposed would apply to the entire country. The man, who operates a Twitter account that publishes LGBT-specific news and other information from Saudi Arabia, said the proposal has caused fear among LGBT people in the country. Social media users in Saudi Arabia and elsewhere have begun to use the hashtag "You will not terrorize me. I'm gay" on Twitter to express their opposition to the proposed penalty. Saudi Arabia is among the countries in which consensual same-sex sexual activity remains punishable by death. The State Department's 2014 human rights report notes it is illegal for men "to behave like women" or cross-dress. It also says the Committee for the Promotion of Virtue and the Prevention of Vice - the so-called "religious police" that enforces Sharia law in Saudi Arabia - uses undercover agents to target owners of social media accounts that distribute "pornographic content or served as social networking tools for LGBT persons in the kingdom." The man behind the Saudi LGBT Twitter account told the Blade on Monday that agents with the Committee for the Promotion of Virtue and the Prevention of Vice use people they arrest as "bait" to entrap LGBT people who are online. "It's happened so many times," he said. The State Department report notes that police and agents with the Committee for the Promotion of Virtue and the Prevention of Vice arrested 35 gay men - many of whom were wearing women's clothing - at a Jiddah party in 2014. A judge in the holy city of Medina in the same year sentenced a man to 3 years in prison and 450 lashes for "soliciting sex with other men" on Twitter. Media reports indicate that authorities in the city of Taif arrested a man late last year at a shopping mall who was wearing an abaya, a black cloak that women in Saudi Arabia and neighboring countries wear. The man behind the Saudi LGBT Twitter page told the Blade that the sentences that judges impose upon those found guilty of LGBT-specific offenses are "completely random." "It depends upon the judge," he said. Death penalty proposal highlights country's 'horrific reality' 2 Saudi YouTube personalities last month posted a video in which they called for the execution of gay people after police reportedly raided a same-sex wedding in the kingdom's capital of Riyadh. YouTube removed the clip after it sparked widespread outrage. "We thought that this was a big step forward," a source in Saudi Arabia told the Washington Blade on Sunday. The source, who asked the Blade not to publish their name because of safety concerns, said reports that Jiddah authorities are seeking the death penalty against those who come out online highlights "the horrific reality of the situation" in the country. "We can???t do a thing about it, but try to make some noise so activists from other countries would hear about it and talk to their politicians to pressure Saudi to change its policies," said the source. "The Internet is the only safe haven to LGBT individuals in the Middle East. If this is taken from us, we won't have anywhere else to go." The man behind the Saudi LGBT Twitter account agreed. "It's their only outlet," he told the Blade. "There's no other actual space for LGBT people to meet outside the Internet." U.S. has not done 'enough' to challenge human rights record Saudi Arabia remains a key U.S. ally, especially in the fight against the so-called Islamic State. The U.S. gives more than $1 billion in aid to the kingdom each year. The State Department told the Blade earlier this year that it continues to urge Saudi Arabia to "respect" human rights. Then-spokesperson Jen Psaki in July 2014 declined to say whether Secretary of State John Kerry raised the kingdom's LGBT rights record during his meeting with then-Saudi King Abdullah in Jiddah. "I don't think they've done nearly enough," said the man behind the Saudi LGBT Twitter account. "I want to see an actual punishment against people who preach hatred," he added. "I want them to know they cannot leave the country." The State Department has yet to respond to the Blade's request for comment. (source: Washington Blade) From rhalperi at smu.edu Tue Mar 29 16:32:28 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 29 Mar 2016 16:32:28 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, N.C., GA., FLA., ALA., OHIO, IND., KAN. Message-ID: March 29 TEXAS----impending execution Dallas man set to be executed in death of daughters, 9 and 6 Enraged over his ex-wife going to police about his harassment and likely arrest, John David Battaglia used a May 2001 visit with their 2 young daughters to avenge his anger. As their mother helplessly listened on the phone to 1 of the girls' cries, he fatally shot them both at his Dallas apartment. Hours later, the former accountant was at a nearby tattoo shop getting 2 large red roses inked on his left arm to commemorate 9-year-old Faith and her 6-year-old sister, Liberty. When he walked outside, it took 4 officers to subdue and arrest him. A fully loaded revolver was found in his truck. On Wednesday, the 60-year-old is set for lethal injection. He'd be the 10th inmate executed this year nationally, the 6th in Texas. "I don't feel like I killed them," Battaglia told The Dallas Morning News in 2014. "I am a little bit in the blank about what happened." He also referred to his slain daughters as his "best little friends" and told the newspaper he had photos of them displayed in his prison cell. He declined to speak with The Associated Press as his execution date neared. An attorney seeking to represent Battaglia, who contended his court-appointed lawyer abandoned him after the U.S Supreme Court in January refused to review his case, said in an appeal to federal courts that the man is mentally ill. Attorney Gregory Gardner also argued Battaglia was entitled to a reprieve so he could get a fair hearing to determine if he's incompetent for execution. But available evidence "does not come close" to suggesting Battaglia lacks an understanding that he's about to be executed and why he's set for punishment, the criteria the Supreme Court has established to determine competency for prisoners facing execution, according to Erich Dryden, an assistant Texas attorney general. "His last-minute appeal amounts to a fishing expedition," Dryden said. Battaglia's trial attorneys called no witnesses during the guilt-innocence portion of his capital murder trial in 2002, and a Dallas County jury deliberated only 19 minutes before convicting him. During the punishment phase, jurors heard defense testimony that Battaglia's mental illness should convince them a life prison sentence would be appropriate. They did not agree. "To think a father could just gun down his little girls, it was just unbelievable," Howard Blackmon, the lead prosecutor in the case, recalled last week. "It was such a compelling case for the death penalty." Evidence showed that at the time of the shootings, Battaglia was on probation for a Christmas 1999 attack on his estranged wife Mary Jean Pearle, the girls' mother. Their divorce was finalized the following August. Around Easter 2001, he called Pearle, swearing at her and calling her names, a violation of his probation. She reported the incident to his probation officer and Battaglia learned on May 2, 2001, that an arrest warrant had been issued. That evening, Pearle left their daughters with him for a planned dinner. She soon received a message that one of the girls had called for her. Pearle returned the call and Battaglia put her on speakerphone, telling Faith to ask her mother: "Why do you want Daddy to go to jail?" Pearle heard the child cry out: "No, Daddy, please don't, don't do it." Pearle yelled into the phone for the girls to run and heard gunshots, followed by Battaglia telling her: "Merry ... Christmas," the words divided by an obscenity. After hearing more gunfire, Pearle hung up and called 911. Evidence showed Faith had been shot 3 times, and Liberty five. A semiautomatic pistol found near the kitchen door was among more than a dozen firearms recovered from Battaglia's apartment. Testimony at his trial also showed he'd been violent with his 1st wife, who obtained a protective order that he ignored by stalking her. (source: Associated Press) ************** Fort Worth killer on Death Row loses Supreme Court appeal The U.S. Supreme Court has refused to review an appeal from a Fort Worth man on death row for smothering an 89-year-old man and robbing him of some $6,000 in 2004. The high court, without comment, ruled Monday in the case of 36-year-old Tilon Lashon Carter. He does not yet have an execution date. Carter's appeals have focused on whether his Tarrant County trial attorneys were deficient and whether faulty instructions were given to trial jurors. Carter was condemned for the robbery and slaying of James Eldon Tomlin, a retired Bell Helicopter employee and disabled veteran, at his Fort Worth home. Prosecutors said Carter and his girlfriend, Leketha Allen - whose mother, a prostitute, had a 20-year relationship with Tomlin - went to Tomlin's home on April 28, 2004, to rob him. Later that day, Tomlin's daughter found her father dead. Tomlin had been struck in the head, and his feet and hands were bound with duct tape. His mouth was taped. The Tarrant County medical examiner's office ruled that Tomlin died from positional asphyxiation and that someone also smothered or attempted to smother him. Investigators found over $20,000 cash hidden in containers inside Tomlin's house and car. Allen and Carter made off with a shotgun and some coins. During closing argument, prosecutors portrayed Carter as a longtime criminal whose violence was escalating and who deserved the death penalty. After getting sentenced, Carter's grandmother said her grandson was "framed" and that "we'll try and get it appealed." A week after Carter was sentenced, Allen reached a deal with prosecutors and received a 25-year sentence for her role in the robbery and shooting. She remains in prison with a projected release date of 2029. (source: star-telegram.com) NORTH CAROLINA: 911 calls detail horrific scene after 3 from N.J. killed Several people called 911 last Friday to report the gunshots that claimed a lives of 3 members of the Mazzella family from New Jersey, according to published reports. At least 2 of the callers were in or near the home when the killings occurred. "My parents have been shot. He just came in with a shotgun and shot everybody," said a female caller believed to be the 14-year-old daughter of Sandy and Stephenie Mazzella. The Wake County Sheriff's Office altered the 911 audio in an effort to keep the callers' identities anonymous. Sandy and Stephenie were killed along with Sandy's mother, Elaine. All of the victims were from New Jersey. "I just heard 7 gunshots and people screaming right behind my house," says another caller. Another neighbor says, "There is a man with a shotgun standing right behind our house." Jonathan Sander, 52, is accused of shooting to death 3 members of the Mazzella family. Stephenie's adult brother, Joey, was outside walking the dogs when the killings occurred, according to family members. Jonathan Frederick Sander, the next-door neighbor, entered the home and shot the family members to death, alleges Wake County Sheriff Donnie Harrison. "My sister and brother-in-law are laying on the floor," says the caller. "Is anybody awake or breathing?" the dispatcher asked. "No," the caller said. "They got shotgunned. They're done." Sander is being held without bond, charged with 3 counts of 1st-degree murder. He faces life in prison without parole or the death penalty if convicted. A motive has not been released, although the sheriff says the families were feuding. (source: nj.com) GEORGIA----impending execution Halt Execution of Kenneth Fults Due to Racial Motivation (UA 74/16) Kenneth Fults, a 47-year-old African American man sentenced to death in 1997, is due to be executed on 12 April in Georgia. In 2005, one of the jurors signed a sworn statement that he had voted for the death penalty because "that's what the nigger deserved". 1) Please write immediately in English or your own language: --Calling for the execution of Kenneth Fults to be stopped and for his death sentence to be commuted; --Expressing concern at the racist motivation for voting for the death penalty expressed by a former juror; --Expressing concern that the jury did not hear full mitigating evidence about the defendant's childhood and his possible intellectual disability. 2) For the full Urgent Action, including appeal addresses and further information, please click on the Word or PDF version below. see: http://www.amnestyusa.org/get-involved/take-action-now/usa-halt-execution-of-kenneth-fults-due-to-racial-motivation-ua-7416 (source: Amnesty International USA) FLORIDA: ACLU Florida: Duval County Should Create Death Penalty Review Panel The death penalty will be the focus of a panel discussion Tuesday night in Jacksonville's Springfield neighborhood. The American Civil Liberties Union of Florida is joining advocacy group Justice-4-Jacksonville to release new recommendations for reforming Duval County's application of capital punishment. The groups are hoping to drum up public support for a new taskforce to advise State Attorney Angela Corey. ACLU Florida attorney Adam Tebrugge is calling on Duval County to create a death-penalty review panel. Made up of defense attorneys, prosecutors and members of a victim's family, the panel would recommend whether to sentence a convicted murderer to death. Keyontay Humphries is an organizer with Justice 4 Jacksonville. "The ACLU will be releasing tonight at the event a policy paper relative to how state attorneys seek the death penalty - the use of that process. Most folks don't realize that power lies in the hands of the state attorney," she said. State Attorney Angela Corey, who's running for re-election, has been criticized for what some see as an eagerness to seek the death penalty. Most recently, she moved forward with a death penalty case even after the mother of slain Jacksonville store clerk Shelby Farah pleaded for leniency, as reported by our news partner, News4Jax. Duval County has the largest number of death row inmates in the country, according the Death Penalty Information Center. (source: WJCT news) ALABAMA: UA Law School to Host Symposium on Death Penalty Legal scholars will visit The University of Alabama School of Law April 8 to discuss the death penalty. The symposium, Final Judgments: The Death Penalty and American Law, will be held in the Bedsole Moot Courtroom, room 140. The conference will explore the finality of death penalty judgments and examine the jurisprudence of capital punishment. The event begins at 8:30 a.m. and is free and open to the public. The symposium is co-sponsored by the Alabama Law Review, a nationally recognized journal of legal scholarship and the flagship legal journal in the state of Alabama. The symposium will feature: Jenny Carroll, University of Alabama School of Law Jennifer L. Culbert, Johns Hopkins University Carissa Byrne Hessick, University of Utah School of Law Daniel LaChance, Emory University Corinna Barrett Lain, University of Richmond School of Law Daniel S. Medwed, Northeastern University School of Law More information is available by clicking here: https://www.law.ua.edu/calendar/event/the-death-penalty-and-american-law-symposium/ One of America's leading public law schools, and the "#1 Best Value Law School" in the nation, according to the National Jurist, for 2 years in a row (2012 and 2013), The University of Alabama School of Law offers a challenging curriculum with over 150 electives, several dual enrollment opportunities, Master of Laws degrees, and a J.S.D. With a student-to-faculty ratio of approximately 11:1, the Law School offers students a rigorous, hands-on learning experience, with strong student engagement in clinical programs, law review, moot court and trial advocacy. The University of Alabama, a student-centered research university, is experiencing significant growth in both enrollment and academic quality. This growth, which is positively impacting the campus and the state's economy, is in keeping with UA's vision to be the university of choice for the best and brightest students. UA, the state's flagship university, is an academic community united in its commitment to enhancing the quality of life for all Alabamians. (source: UA News) OHIO: Anthony Sowell's death penalty appeal reaches Ohio Supreme Court The Ohio Supreme Court will hear arguments in the death penalty appeal of Anthony Sowell on April 5. Sowell, who was convicted of the murders of 11 women between 2007 and 2009 in Cleveland, has raised multiple issues with his trial, convictions, and death sentence. Police discovered the women's bodies in and around his home in 2009. (Sowell lived in his stepmother's house on Imperial Avenue in Cleveland. On Sept. 23, 2009, Latundra Billups went to the hospital to report she had been raped. Billups gave a statement to police that Sowell had attacked and raped her in his house the day before. Police obtained an arrest warrant and a search warrant, and sent a SWAT team to the home on Oct. 29. Sowell wasn't there when they arrived, and police searched the premises.) During the next 5 days, the bodies of 5 women and the skull of another woman were found throughout the house. The bodies of 5 more women were uncovered in the backyard. Most of the women had been strangled. Cleveland police located and arrested Sowell on Oct. 31. They interviewed him for 11 to 12 hours total during 2 days. A jury convicted Sowell in 2011 on 81 counts, including the aggravated murders of the 11 women and the attempted murders of 3 women, along with felonious assault, rape, and kidnapping. The trial court imposed the death penalty. Sowell Lays Out Fair Trial Concerns, Contests Legal Strategy In Sowell v State, Sowell argues the trial court should have moved the case to another location given the extensive media coverage of the murders. The possibility of juror bias was high in this case because of negative pretrial publicity, making a fair trial in the county improbable, he contends. He also challenges the trial court ruling that prevented his attorneys from asking potential jurors their thoughts about specific mitigating factors during jury selection, and he thinks his lawyers were obligated to have invested more effort in the mitigation, rather than the guilt, phase of the trial. Were Public Trial Rights Violated? In September 2014, the Supreme Court also ordered Sowell and the state to submit written arguments about whether his constitutional right to a public trial was deprived when the trial court closed the courtroom for a pretrial suppression hearing and again during the questioning of potential jurors. The suppression hearing was held to decide whether the details of Sowell's 11-plus hour interrogation by police could be heard during the trial. In Sowell's view, the trial court didn't consider alternatives to a closed hearing and didn't meet the legal standard for banning public and media access to the proceeding. The state, however, contends the court's decision protected Sowell's right to a fair trial. Also, the state maintains, the court limited the closure to the review of only the interrogation and had no other options available to ensure a fair hearing. On the voir dire issue, the parties explain that potential jurors were questioned individually. The court closed the courtroom during this process. The state argues Sowell asked for a "sequestered," or closed, session for jury selection, as evidenced by his requests to possibly question the jurors 1 by 1 in the judge's chambers. Sowell maintains he never sought to exclude the public and media from the courtroom. The closed courtroom denied his right to a public trial, and his conviction and sentence should be overturned, he concludes. The American Civil Liberties Union of Ohio filed an amicus brief on Oct. 3, 2014. The ACLU of Ohio "...requests that this Honorable Court reverse the judgment and death sentence imposed in this case and grant Defendant-Appellant Anthony Sowell a new trial or sentencing hearing." (source: WKYC news) INDIANA: Could suspect in Shaylyn's homicide face the death penalty? The horrifying details of the rape and killing of 1-year-old Shaylyn Ammerman have led many to ask the question: Could 22-year-old Kyle Parker, the suspect in her killing, face the death penalty, if convicted? Prosecutors could bring a death penalty case, a legal expert said, but they must consider a number of factors before pursuing a sentence enhancement. "This is a classic death penalty case, if there is such a thing," said Jack Crawford, an Indianapolis defense attorney and former Lake County prosecutor. Police found Shaylyn's body Thursday in a remote area near Gosport, two days after she disappeared from her crib at her grandmother's home in Spencer. Parker, a friend of her father's family, is accused of stealing her from her crib March 23, brutally raping her and smothering her. Owen County prosecutor Donald VanDerMoere told reporters after Parker appeared in court Monday that the state has not ruled out filing a death penalty enhancement. To bring a death penalty case, prosecutors must prove a homicide with an aggravating circumstance, a number of which are listed in state statute. At least two aggravating circumstances are alleged in this case, Crawford said: The victim was younger than 12 years old, and the victim was killed amid a child molestation. Prosecutors likely will consider 2 major questions, though, said Crawford, who has been involved with 25 death penalty cases. Can Owen County afford to bring a death penalty case? And was Kyle Parker mentally ill when he, prosecutors allege, raped and killed Shaylyn? "In the United States today, you cannot execute someone who is mentally ill," Crawford said, adding that Parker's public defender will likely have Parker examined by a mental health professional. Secondly, Crawford noted that death penalty cases are expensive. With a long appeals process, he said most take 15 to 20 years to resolve. In such cases, the state splits the cost of the case with the county. Another possibility available to prosecutors, Crawford said, is to file a death penalty enhancement and use it to bargain the case down to an agreement for a life sentence without parole. In some cases, Crawford said, prosecutors will take into account the wishes of the family, if they do not want the case to drag on for decades. 12 inmates are on death row in Indiana, according to a state list last updated in December 2015. 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 officer Perry Renn in 2014. Prosecutors often seek the death penalty in cases where 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 to death 7 women in Gary. The multiple charges of murder were listed as the aggravating circumstances the state planned to prove, the Northwest Indiana Times reported. Pursuing the death penalty can be a gamble for prosecutors, Crawford said. Parker's case comes at a time when the public attitude about the death penalty is evolving amid questions of fairness and wrongful convictions, especially relating to race and class. A 2013 Pew Research Center survey showed that though a majority of Americans support the death penalty, support has gradually declined since 1996. In the past 20 years, the survey showed, the gap between those who support and oppose the death penalty lessened from a 60-point difference in 1996 to an 18-point difference in 2013. Another survey from the Public Religion Research Institute published in 2015 found that of about 2,600 Americans surveyed, a majority (52 %) favored a sentence of life without parole over the death penalty. When polled about whether the death penalty is applied fairly, answers differed by race an ethnicity with 82 % of black Americans, about 60 % of Hispanic Americans and 45 % of white Americans responding that a black person is more likely than a white person to receive the death penalty for the same crime. Yet Crawford said, with some cases, juries can be expected to impose a death penalty. "The (allegations) are absolutely horrific," Crawford said. "The level of depravity in the killing of the little baby girl just shocks the conscience." (source: Indianapolis Star) KANSAS: Jail therapist says convicted quadruple murderer Kyle Flack had talked about dying in a suitcase; Testimony is ongoing in the sentencing portion of the case; Flack was convicted last week A jail therapist said she questioned Kyle Trevor Flack about a supposed statement made by him dealing with dying in a suitcase, the therapist testified Tuesday during the sentencing phase of Flack's trial. Flack was convicted last week of four killings from the spring of 2013, including the shooting of 18-month-old Lana Bailey, whose body was recovered from a suitcase in a creek west of Ottawa. The therapist, Robin Burgess, was testifying Tuesday in Franklin County District Court during the sentencing portion of the trial where jurors will decide whether to recommend the death penalty for Flack or a life sentence without parole. On March 23, the same panel of jurors convicted Flack of capital murder in the slayings of Kaylie Bailey, 21, and her daughter, Lana, 18 months; premeditated 1st-degree murder in the death of Steven White; 2nd-degree murder in the death of Andrew Stout; and criminal possession of a firearm. A charge of sexual battery was dismissed. Burgess testified Tuesday at length about treating Flack after he was booked into the Frankin County Jail in 2013 in connection with the quadruple slayings. Burgess was also Flack's therapist when he was arrested in 2005 in the shooting of Steve Free, who was wounded 3 times. In the Free shooting, Flack was convicted of attempted 2nd-degree murder and was in prison for several years. Burgess testified that she understood that an older brother of Flack had found some notes written by Kyle Flack saying he wished he would "dye in a suitcase." Burgess said he wondered what that meant and asked Flack. "He did not remember anything about that," Burgess testified. Burgess further testified the brother had been mean or abusive to Flack, and she wondered whether the remark was related to some kind of trauma Kyle Flack had suffered. Burgess is the 2nd witness to testify on Tuesday. Based on the pace of the questioning during the defense portion of this phase of the trial, it doesn't appear that jurors will begin to deliberate Tuesday. When the evidence is finished, jurors will resume deliberations, this time to decide whether to recommend to District Judge Eric Godderz that he impose the death penalty or sentence him to a life sentence without parole. To decide in favor of the death penalty, jurors must decide beyond a reasonable doubt that one or more aggravating circumstances presented by prosecutors outweighs any mitigating circumstance presented by Flack's attorneys. To recommend the life term, jurors must find a mitigating circumstances outweighs the aggravating circumstances. (source: Topeka Capital-Journal) From rhalperi at smu.edu Tue Mar 29 16:33:44 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Tue, 29 Mar 2016 16:33:44 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 29 LEBANON: Suspects in Beirut murder face death penalty 3 suspects in the murder of an old-man and his housemaid in an upscale Beirut neighborhood will face the death penalty. Beirut's First Investigative Judge Ghassan Oueidat Tuesday requested the death sentence for a Lebanese national and 2 Sri Lankan nationals for murdering a 92-year-old man and his housemaid at their house in Ramlet al-Baida. The state-run National News Agency reported that 41-year-old Lebanese national Bilal Mohammad Mokhtar Abu Al-Joud, and 2 Sri Lankan nationals, a 39-year-old and a 27-year-old, were found guilty of stealing from and murdering the old man and his housemaid. Earlier this month, Oueidat issued arrest warrants against the 3 suspects for carrying out the February murder. The suspects have previously confessed to murdering Ibrahim Ali Yassine and housemaid Gunawaia Paula Aalaj, which began as a robbery. The 3 were detained in February after police arrested them for allegedly murdering Yassine and his housemaid and stealing a sum of cash and 2 pistols. The old man was found stabbed in the chest 7 times with a sharp tool, while the maid appeared to have been strangled with a nylon bag. The victim is the father of Issam Yassine, the private doctor of former Prime Minister Saad Hariri. The physician arrived at his father's apartment for a visit, but no one opened the door. His brother got a key and they entered the apartment, only to find the bodies of their father and the housemaid. (source: The Daily Star) INDIA: Supreme Court Stays Execution Of Convict In Rape, Murder Of 5-Year-Old A man, who was to be hanged on Wednesday for raping and killing a 5-year-old last year in Madhya Pradesh, got a fresh lease of life as the Supreme Court today stayed his execution and sought response of the state government on his appeal in the case. A bench, comprising Chief Justice TS Thakur and Justices R Banumathi and UU Lalit, stayed the execution after taking note of the petition filed by convict Sachin K Singhraha, a Madhya Pradesh resident, against the High Court verdict confirming his death penalty awarded by a local court. Singhraha, in his appeal, has sought a stay on the operation of the death warrant. The petition alleged that the prosecution had failed to prove the case against him beyond reasonable doubt and the trial court was wrong in awarding him the death penalty. It said the trial court did not give any special reason for "imposing death sentence upon the convict" and the high court while confirming the death sentence has also failed to give any special reasons for imposing death sentence. It also claimed that his case did not fall in the category of "rarest of rare" so as to be awarded death sentence. According to the prosecution, on February 23 last year, Singhraha had kidnapped the victim, raped her and subsequently murdered her after 2 days. Thereafter, the convict threw girl's dead body in a well with a view to destroy the evidence. The convict, however, had told the trial court that he was innocent and falsely implicated in the case. In its order, the trial court had held the accused guilty and awarded death penalty, which was further confirmed by the High Court. (source: ndtv.com) BANGLADESH: 3 to die for killing schoolboy in Sherpur A Sherpur court today sentenced 3 people to death and another to life term imprisonment for killing a schoolboy after abduction last year. Convicts Md Abdul Latif, 22, uncle of the schoolboy, Robin Mia, 20, and Md Aslam Babu, 22, were awarded death penalty while Md Imran Hossain, 20, was sentenced to life, reports a correspondent from Sherpur. All the convicts hailed from Sherpur district. Judge Sayedur Rahman Khan of Women and Children Repression Prevention Court passed the order in presence of the convicts, Special Public Prosecutor Gulam Kibria told the correspondent. Victim Arafat Islam Rahat, a class I student of Biplop-Lopa Memorial School, was son of Shahidul Islam Khokon in Gridanarayanpur area of Sherpur town. A gang picked up Rahat on August 2, 2015 from in front of Shaheed Daroga Ali Municipal Park in the town when he was going to his father's timber shop in Shibbari area. The abductors later demanded Tk 2 lakh as ransom from Shahidul over mobile phone. But, his body was found in a hilly area 4 days after he was strangled. After the body recovery, the victim's father filed a murder case with Sadar Police Station. (source: The Daily Star) **************** Jamaat leader appeals against death penalty The chief of Bangladesh's largest Islamist party, Motiur Rahman Nizami, filed an appeal with the Supreme Court yesterday against his death sentence for war crimes in 1971. Lawyers of Nizami, president of the Bangladesh Jamaat-e-Islami party, submitted the review petition on behalf of their client, who is now in a prison in Kashimpur on the outskirts of capital Dhaka, Xinhua reported. If his review petition is rejected, the last option for him will be to seek presidential mercy. Bangladesh's Supreme Court on January 6 upheld the death penalty for the 73-year-old Motiur Rahman Nizami over war crimes during the country's war of independence 45 years ago. Bangladesh's International Crimes Tribunal-1 issued Nizami's death warrant on March 16 hours after the country's apex court released its full verdict. Nizami served as agriculture and industries minister in the then prime minister Khaleda Zia's 2001-2006 cabinet. The apex court upheld capital penalty for the Islamist party chief on 3 charges and life imprisonment on 2 charges. On October 29, 2014, the International Court of Terrorism handed down capital punishment to Nizami for war crimes which include mass killings of Bangali intellectuals. Nizami was indicted in 2012 with 16 charges of crimes during the 1971 war. Nizami's party had earlier claimed that the government filed ill-motivated, baseless cases against its top leaders in order to make the party leaderless. Nizami is among the top Jamaat leaders who have been tried in 2 war crimes tribunals which Prime Minister Sheikh Hasina's Bangladesh Awami League-led government formed in 2010 to bring the perpetrators of 1971 war crimes to book. 3 Jamaat leaders - Abdul Quader Molla, Muhammad Kamaruzzaman and Ali Ahsan Mohammad Mujahid - have been executed. Besides, Jamaat secretary general Ali Ahsan Mohammad Mujahid and opposition Bangladesh Nationalist Party (BNP) leader Salaudin Quader Chowdhury were executed on November 22 last year. Both the BNP and Jamaat have dismissed the court as a government "show trial", saying it is a domestic set-up without the oversight or involvement of the UN. Muslim-majority Bangladesh was part of Pakistan and called East Pakistan till 1971. The government of Hasina said about 3 million people were killed in the Bangladesh Liberation War in 1971. (source: Gulf Times) SOUTH AFRICA: 'I wish killers could hang': Sam Meyiwa The father of slain Bafana Bafana and Orlando Pirates captain Senzo Meyiwa wants the death penalty to return and believes that his son???s killers will be arrested soon. An emotional Samuel Meyiwa also blamed Senzo's girlfriend Kelly Khumalo for not leading investigators to the killers. Meyiwa was speaking to Sowetan following reports that the arrest of those involved in Senzo's death was imminent. The goalkeeper was shot dead on October 26 2014, at Khumalo's family home in Vosloorus. Khumalo, her sister Zandi, their mother Ntombi, Sello "Chicco" Twala's son Longwe Twala and 2 of Senzo's friends were in the house when the soccer star was shot. According to the Sunday Independent newspaper, investigators have identified a suspect after reconstructing the crime scene 2 weeks ago. The newspaper further reported that those who lied in their statements could be arrested and charged with perjury and defeating the ends of justice. Meyiwa said he was happy about the reports. "I heard the news over the weekend on radio. I trust the Hawks and believe that there is progress. I believe that there will be arrests because they are hard-working," he said. "They killed my soul. She [Khumalo] should be assisting me [in finding the killers] as a person who claims to have loved my son. Instead, she talks about money. I suspect they killed him for money." Meyiwa said he and his wife were spending sleepless nights and were always in tears. "He [Senzo] was looking after us. Now they have killed my son. I wish those who killed him could hang although I know that there is no law in the country which condones the death penalty," Meyiwa said. Police spokesman Brigadier Hangwani Mulaudzi said their investigations were continuing. Mulaudzi said they had assembled a provincial task team comprising members of the Hawks, forensic experts and investigators who wereinvolved in the matter initially. "We're keeping the Meyiwa family up to date about our progress. If we do finally make arrests, we will inform the family. We took all experts from all fields to deal with this matter. We need closure on the matter. "The previous team is part of the investigations. They have played a role in the investigations. Nobody has failed in this case," Mulaudzi said. Khumalo could not be reached for comment. Her manager, Percy Vilakazi, said she was probably rehearsing for Clash of the Choirs. Vilakazi added that he did not believe that the musician would be interested in speaking to Sowetan. The Sowetan (source: nehandaradio.com) TAIWAN: KMT demands Tsai's death penalty stance As anger continues to mount nationwide in the aftermath of the alleged murder of a Taipei toddler on Monday, the Kuomintang (KMT) caucus on Tuesday called for President-elect Tsai Ing-wen to give her stance on capital punishment and proposed holding a future referendum. KMT lawmaker Johnny Chiang raised questions regarding Tsai and her incoming government's position on capital punishment. "If the country's future leader insists upon abolishing the death penalty, (we) hope it is a decision made by the people," Chiang said. He further stated that the KMT caucus has not ruled out the likelihood of holding a capital punishment referendum. The Democratic Progressive Party (DPP) has long been known for its support for abolishing capital punishment. Due to varied reasons, capital punishment has yet to be exacted on the 42 inmates currently on death row in the nation, KMT Legislator Lai Shyh-bao said. The issue of whether or not to abolish the death penalty is a widely-debated topic, he pointed out, and demanded that Tsai clearly indicate her position on the subject, as well as on the current case itself. He also called on the Ministry of Justice (MOJ) to cease delaying execution of current death row prisoners, despite citing respect for judicial procedure. "The death penalty must be handed down if judicial proceedings continue to maintain the penalty's existence," Lai said. "Public powers must be carried out to ensure a safe society." Carrying out the sentences would likely ensure a "certain degree of deterrent effect," he stated. However, he admitted that there is no guarantee that future cases like this week's alleged murder of a toddler will go away simply by enforcing the law alone and argued that "a life for a life" is an unchanged principle that must be followed. Societal safety must be ensured through enforcement of the law, he said. Chiang also stressed that the judicial system must consider the way its handling of the case is perceived by the victim's family and society as a whole - a jab at the MOJ's shortcomings in past rulings, which have been criticized as decisions that are out of touch with society. Tsai Visits the Site of Toddler's Death Late Tuesday afternoon, Tsai visited the makeshift memorial that people have put in place where the 4-year-old girl was slain by her attacker in broad daylight. She laid down a bouquet of flowers, a pair of rabbit dolls and a card. On the card, Tsai had written that she will not let her sacrifice go to waste. "There are many holes in this society. I will do my best to mend those holes." Speaking to reporters at the site, Tsai stated that the ordeal had made a significant impact on society, and that people around the nation all have heavy hearts at the moment. She named measures that should be strengthened to address those who are struggling economically, physically and mentally. Problems such as prevalent drug abuse must be tackled as well, and more must be done to prevent crime, she said. "People living in Taiwan have the right to live without fear, and (I) hope parents will not have to worry" and let their children grow up safely, Tsai stressed. This is something everyone must work together on, she said, "and the government holds the greatest responsibility in this." Tsai also stated that she had "heard the mother's plea" in an open letter, which was posted on her Facebook page. Saying that she will not just "feel rage," Tsai said that she "already has the answers" to move forward in building a better society. (source: China Post) From rhalperi at smu.edu Wed Mar 30 11:37:57 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 30 Mar 2016 11:37:57 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, PENN., VA., GA., FLA. Message-ID: March 30 TEXAS----impending execution Dallas Man Set to Die for Killing Daughters Attorneys are asking federal courts to halt the scheduled execution of a 60-year-old former Dallas accountant condemned for gunning down his young daughters while their mother helplessly listened on the phone. John Battaglia is set for lethal injection Wednesday evening for the 2001 slayings of his 9- and 6-year-old girls. His lawyers contend they need more time to show he's incompetent for capital punishment. Texas attorneys say the last-day appeals are a fishing expedition and there's no evidence to show he's incompetent. Prosecutors said the slayings at Battaglia's apartment were in revenge for his ex-wife's harassment complaints that led to an arrest warrant issued against him. He already was on probation at the time. His execution would be the nation's 10th this year, and the 6th in Texas. (source: Associated Press) ********** Hearing next month in death penalty capital murder case A hearing is scheduled next month, concerning an appeal of a Hunt County death penalty capital murder case. Micah Crofford Brown of Greenville was convicted and sentenced to death by lethal injection in connection with the murder of Stella Michelle "Doc" Ray. In September of last year, the Texas Court of Criminal Appeals denied 1 appeal filed in the case. But a separate post conviction writ was filed in January 2015 on Brown's behalf with the 354th District Court by the Office of Capital Writs, a capital post-conviction state agency charged with representing death sentenced persons in state post-conviction habeas corpus and related proceedings. The 124-page document listed multiple alleged issues with Brown's conviction and sentence, including ineffective assistance by the trial and appeals defense attorneys, improper arguments by prosecutors during the punishment phase, and failure to present evidence during the punishment phase that Brown suffers from an Autism Spectrum Disorder, which may have mitigates the jury's decision to issue the death penalty. After Judge Richard A. Beacom recused himself from the case, Judge Mary Murphy with the First Administrative Judicial Region appointed 196th District Court Judge J. Andrew Bench to oversee the proceedings, with a hearing concerning the evidence scheduled for April 28. Brown was convicted of capital murder and received the death penalty in May 2013. He does not yet have an execution date scheduled. An appeal is automatic in capital murder cases. Ray was shot and killed in Greenville on the night of July 20, 2011 as the result of a domestic dispute between her and Brown. Prior to the murder Ray, 36, from Greenville, had been working as a school teacher in Caddo Mills but at the time of her death had just completed a doctorate program at Texas A&M University-Commerce, and was moving from Greenville the next day to take a job teaching at a college in Marshall. (source: Herald Banner) PENNSYLVANIA: State Supreme Court vacates death sentence in chain saw murder case The state Supreme Court on Tuesday vacated the death sentence handed down in the case of a Coatesville man convicted of the grisly chain saw murder of a city teenager in 2008. The court ruled that the previous crimes cited by the prosecution in arguing that Laquanta Chapman should be put to death for the slaying of 16-year-old Aaron Turner, a Coatesville Area Senior High student who lived across the street from him, apparently over a drug deal that had soured, did not fit the state's required aggravating factors for seeking capital punishment. The prosecution had argued that Chapman's conviction in New Jersey for pointing a gun at two people in separate cases amounted to felonies under Pennsylvania law, and thus could be used to press the death penalty against Chapman, a city drug dealer. Instead, the court found, those crimes in the neighboring state did not add up to felonies in Pennsylvania. "The New Jersey crimes of which (Chapman) was convicted - per which the sentencing court was authorized to impose, at most, 18-month maximum terms - plainly do not qualify as felonies,??? Justice Thomas G. Saylor wrote in a terse 14-page decision. Saylor also dismissed a number of post-trial issues raised by Chapman's attorney concerning his conviction for 1st-degree murder. His past crimes, Saylor wrote, "could not serve as the essential predicate for the death penalty aggravating factor, which turns on a finding of a significant history of violent felony convictions." Since the alleged felony convictions were the sole aggravating circumstances cited by prosecutors in Chapman's 2012 trial, the court said the only solution was to send the case back to Common Pleas Judge William P. Mahon, who presided over Chapman's 2-week trial, for sentencing. Chapman will now be subject to a life sentence without parole. Chapman's appeal was handled by Assistant Public Defender P.J. Redmond. He was not available for comment Tuesday, although attorneys in that office are rare permitted to comment on cases. First Assistant Public Defender Nathan Schenker declined comment. Chapman's trial attorney, Evan Kelly of West Chester, had raised the issue of the aggravating factor in pre-trial motion, but was rebuffed by Mahon, who found that the crimes Chapman had been convicted of amounted to felonies in Pennsylvania. The appellate court reversed that decision. "I believed from the start that the factors that the Commonwealth was relying on in its pursuit of the death penalty were not applicable in this case," Kelly said in a statement Tuesday. He credited Redmond for bringing the appeal to the state Supreme Court and arguing it in front of the 6-judge court. "I really want to compliment 'P.J.,' who took the issue up to appeal." On the contrary, Chester County District Attorney Tom Hogan said the crime spoke for itself, referencing Chapman's use of sliced-up pit bull to cover up Chapman's dismemberment. "Laquanta Chapman is a stone-cold killer," Hogan said. "He killed a young man with the same lack of remorse as when he killed his own dog to cover up the crime. We respect the legal reasoning of the Pennsylvania Supreme Court, both in upholding the 1st-degree murder conviction and addressing the death penalty issues." "At the end of the day, the victim's family can rest assured that the defendant will never see a blue sky again," Hogan said in a statement sent Tuesday. Former prosecutor Patrick Carmody, who tried the case with Deputy District Attorney Michelle Frei, declined comment. Carmody, now a Common Pleas judge, was reportedly set to meet with members of Turner's family Tuesday night. Chapman's death-penalty verdict in November 2012 was the 1st time in nearly 2 decades that a panel of 12 jurors had unanimously decided to impose the ultimate penalty on a defendant in a murder case, and only the 2nd time such a decision came from a county jury since the death penalty was reinstated in Pennsylvania in the late 1970s. Chapman, a 33-year-old New Jersey native who moved to Coatesville to be with his family, was convicted after a 3-week long trial in the October 2008 death of Turner, a beloved teen who had his sights set on a career at Penn State. In December 2012, Mahon, who had presided over Chapman's case as it made its way through the criminal justice system for more than three years, formally sentenced the drug dealer to die by lethal injection. He also added more than 100 years of imprisonment on other charges to his sentence, ensuring that should the murder conviction be overturned, Chapman would remain behind bars. "Most of the people who stand before me are not evil, they are just behaving badly," Mahon told Chapman at his sentencing hearing. "Mr. Chapman, there is no win-win in this. You are evil, and not fit to walk among us." (source: mainlinemedianews.com) VIRGINIA: Justin Wolfe admits role in drug dealer's slaying, enters guilty plea after stint on death row Justin Michael Wolfe, whose capital murder conviction and death sentence were reversed amid concerns about prosecutorial misconduct, pleaded guilty to murder in Prince William County on Tuesday, admitting in a handwritten statement that he and another man plotted the 2001 robbery and slaying of a fellow marijuana dealer. It was a stunning reversal from Wolfe, who had proclaimed his innocence for 15 years. Wolfe had argued, at times from Virginia's death row, that the murder of Daniel Petrole Jr., the son of a decorated Secret Service agent, was the work of a rogue drug associate. The case featured a co-defendant repeatedly changing his story about the slaying, a federal district judge ordering Wolfe's release from jail in 2012, and 2 federal courts chastising Prince William prosecutors for withholding evidence from the defense. Wolfe pleaded guilty to a charge of 1st-degree felony murder, use of a firearm, and a drug charge, part of an agreement with prosecutors that will allow a judge to sentence him to a range of 29 to 41 years in prison. He will get credit for the 15 years he already has served. In a 4-page handwritten statement to the court, Wolfe essentially validated the prosecution's consistent version of events: Wolfe and Owen Merton Barber IV decided to rob and kill Petrole because they knew he would have a large amount of cash and marijuana and feared that a robbery alone would invite revenge. Wolfe acknowledged that he owed Petrole tens of thousands of dollars from continuing drug transactions, and he said that he had planned to split the proceeds with Barber and erase a debt Barber owed him. The statement, dated March 19, 2016, addresses Petrole's parents, and concludes: "I am sorry for what I did to your son." Wolfe entered his plea Tuesday morning before Prince William County Circuit Court Judge Carroll A. Weimer Jr., and he is scheduled to be sentenced on July 20. It is the 1st time Wolfe has taken responsibility for the slaying; he had always maintained that it would make no sense for him to kill his marijuana supplier, and his lawyers argued that Barber carried out the robbery and slaying on his own. Wolfe wrote that he and Barber initially planned only to rob Petrole, as he delivered a marijuana shipment to them, but "eventually we both agreed that it would be necessary to kill Danny because he was probably going to resist the robbery or figure out who did it and have to get revenge. ... I am responsible for Danny's death even though I didn't pull the trigger. If I had not been involved Danny would never have been killed." Petrole, 21, was found shot to death in front of his Bristow townhouse in March 2001. Wolfe, then 20, and Barber, then, 22, former classmates at Chantilly High School, were soon arrested. Barber agreed to plead guilty and testify that Wolfe had ordered up the slaying of Petrole, in exchange for a relatively light sentence - he received 38 years in prison. Prosecutors sought the death penalty for Wolfe, and a jury imposed it in January 2002, disbelieving Wolfe's testimony denying any connection to the murder. The killing helped Prince William County police uncover what was then one of the most significant drug operations in the region's history, leading authorities to an extensive network of suburban teenagers and young men who sold high-grade marijuana and ecstasy to thousands of customers throughout Northern Virginia - most of them high-schoolers. Though Wolfe all along admitted his role in the drug trade and his extravagant, free-wheeling lifestyle, Wolfe maintained his innocence in the murder. Then in 2005, Barber filed an affidavit saying he had lied in court, and Wolfe hadn't ordered the murder. In 2006, Barber took the witness stand during one of Wolfe's appeal hearings and reversed himself again, saying Wolfe did order the murder. Finally in 2011, after Wolfe had spent 9 years on death row, a federal judge in Norfolk ordered a new trial, saying Prince William prosecutors withheld or ignored crucial evidence and potential testimony that could have helped Wolfe's defense. U.S. District Judge Raymond A. Jackson wrote that the government's case against Wolfe was "tenuous" and accused prosecutors of having "stifled a vigorous truth-seeking process in this criminal case." A federal appeals court upheld Jackson in 2012, and Jackson ordered Wolfe released, before the appeals court stayed that order. Prince William Commonwealth's Attorney Paul B. Ebert and top assistant Richard A. Conway stepped aside amid the scrutiny, and Fairfax County Commonwealth's Attorney Raymond F. Morrogh stepped in, over defense objections that he was too close to Ebert. The case resumed, with Morrogh saying he would again seek the death penalty for Wolfe. Wolfe went through numerous attorneys, including representation by the Virginia Innocence Project, before being appointed defense lawyers Joseph Flood, Daniel Lopez and Bernadette Donovan. They apparently launched plea negotiations with Morrogh, and Wolfe wrote the statement admitting his role in Petrole's murder. The plea session itself was not publicized and was not attended by the media. "Justin entered a guilty plea today in order to take responsibility for his crime and to give the Petrole family and his own family some finality if not closure," Flood said. "The plea offer extended by the Special Prosecutors last week was the result of long negotiations and was the 1st time since the inception of this case that he was ever offered a plea. Mr. Wolfe understands that he cannot take back this tragedy or make up for the pain he has caused, but is hopeful that by admitting and apologizing for what he did and bringing these proceedings to an end, he may help Danny's family to heal." Wolfe's letter said that he had been receiving large marijuana shipments from Petrole for some time, and that in the months prior to March 2001, Petrole had "fronted" him the drugs, not requiring immediate payment. Then, he wrote, "Owen asked if he could rob him for the money and marijuana. At first I played it off as a joke but Owen took it serious and I agreed that it would be okay." Wolfe then describes Petrole delivering the marijuana, alerting Barber to Petrole's location, and staying in touch with him before and after the shooting, later meeting him at a bar. Barber later testified that he followed Petrole for 30 miles before shooting him to death outside of Petrole's townhome. "Maybe it seems easy for me to say 'I'm sorry,'" Wolfe wrote, "but it's actually the hardest thing I have ever done because it means I have to admit what I did which contradicts what I said and trial and the position that I have taken for all of my appeals and I am very afraid that I will let the people I love down." Morrogh said the defense team showed him the letter and that he spoke to Petrole's father, who conferred with the rest of his family. "They were interested in bringing the case to a conclusion. They were really interested in him admitting what he did," Morrogh said. Morrogh said the plea and sentence range was "a fair compromise given the evidence in the case. ... No one's completely happy, it's fair to say, and the Petroles feel they're going to get some good measure of justice in the case." The plea ensures that Wolfe will not face the death penalty in the case; under Virginia's sentencing rules, Wolfe would be eligible for release in approximately 10 to 20 years, or in his late 40s or early 50s, depending on the judge's sentence. (source: Washington Post) **************** Federal Appeals Court Temporarily Halts Execution of Ukrainian Man in Virginia The U.S. Court of Appeals for the Fourth Circuit has issued a temporary stay of execution for Ivan Teleguz, a Ukrainian national who was convicted of ordering the 2001 murder of his girlfriend, Stephanie Sipe. He was scheduled to be put to death on April 13. Following his conviction, 2 witnesses recanted their testimony against him, with 1 of them saying he fabricated most of his testimony to avoid the death penalty himself. During the trial, the jury was told that Teleguz was involved in another murder that did not in fact occur as alleged. "A man's life hangs in the balance based on the faulty testimony of witnesses, one of whom later claimed to have lied to avoid the death penalty" said James Clark, senior death penalty campaigner for Amnesty International USA. "This is clearly a broken system that must be ended entirely. Ivan Teleguz's sentence must be commuted permanently." (source: Amnesty International USA) GEORGIA----impending execution Panel to hold clemency hearing for Georgia death row inmate A Georgia death row inmate scheduled to die this week has grown into a quiet man with a positive influence who bears little resemblance to the teenager who helped beat a man to death two decades ago, his lawyers argue. Joshua Bishop, 41, is set to be executed Thursday for the 1994 killing of Leverett Morrison in Milledgeville. A clemency hearing is scheduled for Wednesday before the State Board of Pardons and Paroles, the only entity in Georgia authorized to commute a death sentence. "The story of Joshua Bishop's life is one of deprivation, abuse, hopelessness, and crime; but it is also one of faith, contrition, redemption, gratitude, and love," Bishop's lawyers wrote in a clemency petition asking the parole board to spare his life. Morrison's children, however, are adamant that the death sentence should be carried out, Baldwin County Sheriff Bill Massee said. Bishop had an extremely rough childhood with a mother who constantly drank and used drugs and had a weakness for abusive men who beat her and her 2 sons, the petition says. He bounced between foster families and group homes, eventually returning to his mother, who was frequently in trouble with the law for drug and alcohol offenses or prostitution. Many who knew Bishop as he grew up shared a common sentiment: that he "never had a chance," his lawyers wrote. Bishop spent June 19, 1994, drinking and using drugs with Morrison and a 3rd man, Mark Braxley. They continued drinking at a bar that evening and then went to Braxley's trailer, where they continued to drink and use drugs. Morrison fell asleep and Braxley decided he wanted to take Morrison's Jeep to visit his girlfriend and instructed Bishop to "get them keys," the clemency petition says. Morrison woke up as Bishop was trying to take his keys from his pocket, and Bishop hit him over the head with a piece of a closet rod to knock him out, the petition says. Bishop told investigators he and Braxley both beat Morrison and, once they realized he was dead, they dumped his body between 2 trash bins and burned his Jeep. Bishop and Braxley were arrested within 24 hours of Morrison's death. Bishop quickly confessed and immediately showed remorse, while Braxley lied about the crime, the petition says. While in police custody, Bishop told investigators he had been involved in the death of another man, Ricky Willis, about two weeks earlier, also at Braxley's trailer. Bishop told police he repeatedly punched Willis after Willis bragged he had sexually assaulted Bishop's mother and then Braxley cut Willis' throat, killing him. Bishop and Braxley were both charged with murder and armed robbery in Morrison's death. After a trial, a jury convicted Bishop and sentenced him to die. Braxley pleaded guilty and got life in prison. He's been denied parole twice and will next be eligible for consideration next year. Bishop has admitted involvement in the deaths of Morrison and Willis. But his lawyers argue that Braxley, who's about 17 years older than Bishop, was the instigator and influenced Bishop in both cases. 2 decades in prison have given Bishop stability that has led him to become a positive influence on fellow inmates and others, and he still has good to do in the world, his lawyers argue. They gave the board statements from 2 of Morrison's sisters and his niece, who wrote that they don't want to see Bishop executed. But Massee, the sheriff, said he met on Monday with 3 of Morrison's family members, 2 daughters and a son, who all said it's important to them to see Bishop executed for their father's death. Bishop would be the 3rd Georgia inmate executed this year. Another inmate, Kenneth Fults, is scheduled to die April 12. (source: Associated Press) ************ Attorneys for Joshua Bishop file appeal as execution day approaches An attorney for condemned killer Joshua Bishop argued in a court filing Tuesday that the jury that sentenced him to die failed to first make certain findings about his intent to murder Leverett Morrison. Consequently, Bishop cannot be put to death Thursday as scheduled, according to the filing. Bishop, 41, is scheduled to die by lethal injection on Thursday at 7 p.m. for Morrison's 1994 beating death. Though Bishop, then 19, confessed to killing Morrison after several hours of drinking, he still went to trial. His co-defendant, 36-year-old Mark Braxley, however, pleaded guilty and was sentenced to life in prison with the possibility of parole. In the petition filed with the Superior Court in Butts County, which is where Georgia's death row is located, Bishop's lawyers said it would be unconstitutional to execute him because the jury that convicted him did not make a specific finding that Bishop "killed, intended to kill or intended to aid in the killing" of Morrison. That meant, Bishop's lawyer wrote, Bishop's "death sentence is unlawful and his execution would constitute a miscarriage of justice .... because he is constitutionally ineligible for capital punishment." The filing said the prosecutor incorrectly "argued that it did not matter who killed Mr. Morrison for purposes of convicting Mr. Bishop." It was not established at his trial whether Bishop or Braxley delivered the killing blow. This is the only court challenged filed in Bishop's case since his lethal injection was scheduled on March 11. The filing also included affidavits from four jurors from his death penalty case who wrote that they would not have voted to have him executed had they known that Braxley was given a deal and much lighter punishment. All four jurors wrote that they were led to believe that the case against Braxley was pending at they heard Bishop's case. "We were told during the trial that Mark Braxley would be tried by another jury and that we should focus on Josh Bishop," Jackie Dixon, one of the jurors in Bishop's 1996 trial, wrote. "We believed that Mark Braxley would get similar treatment by the state. I recently found out that this was not the case. I learned that Mark Braxley was not tried for his crimes. Instead, he was offered a deal where he got a life sentence with the possibility of parole. I also understand that this offer was made before Josh Bishop's trial. If I had known that Mark Braxley would have been given such a light sentence, I would not have voted for the death penalty for Josh." Bishop's lawyers will make a similar argument when they meet with the State Board of Pardons and Paroles Wednesday afternoon. They also focused much of their petition for clemency on Bishop's abusive childhood, which was controlled by the alcohol and drug addictions of his mother and many others in his family. If he is put to death, Bishop will be the 3rd man Georgia has executed this year. The state has scheduled another execution for April 12; Kenneth Fults is to die for the 1996 murder of his 19-year-old neighbor in Spalding County. Bishop, Braxley and Morrison, 35, had spent much of the day on June 25, 1994, drinking at a Milledgeville bar and then at Braxley's trailer. Morrison fell asleep and that's when Braxley decided he wanted to visit his girlfriend. Braxley and Bishop decided to just take Morrison's Jeep without asking. But Morrison woke when Bishop tried to fish the car keys from his pocket. They struggled and Bishop and Braxley beat him to death, first hitting him with a car battery and then repeatedly striking him with a curtain rod. After dumping Morrison's body, the 2 set fire to his Jeep in some nearby woods. Bishop and Braxley were arrested within hours and that is when investigators learned there was a 2nd murder. Both admitted to killing Ricky Lee Wills. Bishop told investigators they killed Wills because he boasted about sexually assaulting Bishop's mother. He said they had to bend Wills' legs in unnatural directions to make his body fit into a makeshift grave. (source: Atlanta Journal-Constitution) FLORIDA: Prosecutor fires back after being accused of felony----Public defender says state attorney's office broke law in James Rhodes case After James Rhodes' public defender accused the state attorney's office of misconduct in her client's case, an assistant state attorney fired back Monday, calling the accusation a "veiled extortion attempt." Rhodes is accused of gunning down a Metro PCS clerk in 2013. Assistant Public Defender Debra Billard sent a letter to the state attorney's office after a recent pretrial hearing in the case, accusing prosecutors of committing a felony by showing surveillance video of 20-year-old Shelby Farah's shooting death to her brother, Caleb Farah. Assistant State Attorney Bernie de la Rionda denied the claim and countered the accusation with one of his own. "Let me be perfectly clear, I've been doing this job for nearly 33 years and don't take kindly to your veiled extortion attempt," he wrote in a letter to Billard. "It's not working. I didn't do anything illegal and based on the facts of the case, your client's criminal history and the law, the State Attorney's Office will continue to seek the death penalty in this case." Shelby's mother, Darlene Farah, has repeatedly asked the State Attorney's Office to agree to a plea deal with Rhodes and not seek the death penalty so the case will be over and her family can move on. But her son, Caleb, testified at a pretrial hearing that he supports the death penalty against Rhodes. Rhodes' attorney said he only took that position after prosecutors showed him surveillance video of his sister's shooting death. Billard asserted in her letter to prosecutors that regardless of whether Caleb Farah wanted to watch that video or not, the state attorney's office should not have allowed him to do so. Billard said that because the video shows the killing of a person, Florida law states that only a surviving parent has authority to view the video if there is no surviving spouse and no written designation from the parent authorizing anyone else to view it. Because Darlene Farah did not give written permission for Caleb to view the video, allowing him to see it violated the confidentiality of the video, Billard said. According to Florida law, that's a felony, according to Billard. "Frankly, I am disturbed to think that you would have considered violating a clearly written Florida Statute and, as a result, attempted to justify your desire to have Mr. Rhodes killed by citing the opinions of Caleb Farah," Billard wrote. "I can think of no blow more foul than violating not only Florida law, but also the memory of Shelby Farah." De la Rionda fired back this week, accusing Billard of unprofessional behavior after her letter was leaked to News4Jax and other media outlets. "I disagree with your comments about what happened in this case and your analysis of the statute in question," de la Rionda wrote. "I didn't do anything criminally, ethically or morally wrong." He details why, according to his interpretation of the law, Billard's assessment is incorrect, saying requiring written permission to show such evidence to potential witnesses ahead of a trial "defies all logic and common sense." "I must assume that you are continuing these unwarranted and unsupported personal attacks solely to get more publicity for your anti-death penalty beliefs and to litigate this case in the media rather than in a court of law," de la Rionda wrote. Rhodes' trial, which was set to begin May 2, has been pushed back because of new state legislation on the death penalty. Judge Tatiana Salvador set Aug. 29 as the date for jury selection in the trial. The final pretrial date will be Aug. 22. Earlier this month, Gov. Rick Scott signed into law a measure designed to fix the state's death penalty sentencing process after it was found unconstitutional by the U.S. Supreme Court. The new law, which went into effect immediately, would require at least 10 jurors to recommend death for the penalty to be imposed. Darlene Farah wrote an opinion piece for Time magazine on the death penalty, titled "My Daughter's Killer Should Not Get the Death Penalty." Cellphone store clerk killed in robbery Rhodes is charged with 1st-degree murder in the killing of 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 the 20-year-old 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) ************* Family members of victims excoriate rush to death penalty in Jacksonville A group of about 20 people gathered in Springfield on Tuesday night to discuss the death penalty in Jacksonville. Darlene Farah - the mother of a slain Jacksonville woman - sat in the middle of a circle flanked by a woman whose daughter was kidnapped and killed in Montana in the 1970s and a man from Broward County who was exonerated after spending years on death row. The message from the 3 of them - as well as an attorney from the American Civil Liberties Union of Florida - was that capital punishment is not the best answer. "If you wanted to make me suffer, put me in [general] population," Seth Penalver told the group as he talked about his time on death row. He talked about how in prison, when someone is in the general population they risk being killed on a daily basis. He said there's one television for all the inmates and some have been killed for changing the channel. However, on death row every inmate has their own TV, Penalver told the group. Still, there is more of a threat of harm in the general population. "Death Row is sweet," he said. Farah had already told the story of her 20-year-old daughter who was shot and killed while working her job at a Jacksonville Metro PCS store - located down the street from the Springfield Community Learning Center where Tuesday's forum was held. James Xavier Rhodes, 24, is accused of killing Shelby Farah in 2013 but Darlene Farah told the group she doesn't want him to be sentenced to death. State Attorney Angela Corey is pursuing the death penalty anyway, Farah said. "In my eyes the state created him, they made him what he is. ... they never taught him the values of life," Farah said of Rhodes. She said Rhodes was abandoned at the age of 4 and lived in a boy's home where he was physically and sexually abused by a staff member who was convicted for the crimes. "Our case could have been over 2 years ago," Farah said, if the State Attorney's Office would have accepted a guilty plea in exchange for dropping the death penalty. Marietta Jaeger Lane comforted Farah as she talked about the pending criminal case again Rhodes. Lane confronted the man who kidnapped and killed her 7-year-old daughter years ago and now she travels the country advocating against the death penalty. "It is not justice," Lane said of the death penalty. "Just because it's the law doesn't mean it is moral." Lane spoke to her daughter's killer several times - over the phone and in person - in the years after her daughter was taken during a family camping trip. Eventually, the man admitted to the kidnapping and killing of Lane's daughter and 3 others, but it was only after the threat of the death penalty was dropped. The man killed himself a short time later but it brought closure to Lane and, she said, to the families of the others who the man had killed. Farah said she doesn't think a death sentence will bring her closure. She said it would do the opposite, and make her relive the death of her daughter for years during the appeal process. "A lot of people don't realize the impact it has on the family," she said. The panel pointed out the death penalty extends the misery for families involved and mistakes do happen in the criminal process - like in the case of Penalver. The group said if Penalver was killed before his name was cleared there would have been no way to correct the mistake that was made when he was convicted. (source: jacksonville.com) From rhalperi at smu.edu Wed Mar 30 11:41:05 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 30 Mar 2016 11:41:05 -0500 Subject: [Deathpenalty] death penalty news----ALA., MISS., IND., OKLA. Message-ID: March 30 ALABAMA: Alabama's Death Penalty Needs to Go Shannon Rae McKenzie had never heard of judicial override when she was summoned for jury duty back in 2010. During jury selection, McKenzie said, the defense and prosecution asked her whether she could "ever sentence a man to death." McKenzie said she could, and she was picked as a juror in the murder trial of Courtney Lockhart. Before the trial, McKenzie vaguely knew the story of the crime, because it had made national news. In 2008, Lockhart, a black Iraq war veteran, had abducted Lauren Burk, a white freshman at Auburn University, and forced her to strip naked at gunpoint while he drove her car. Burk jumped from the vehicle, Lockhart shot her, and she died soon after. When McKenzie and the 11 other jurors unanimously agreed that Lockhart was guilty and deserved life in prison without the possibility of parole, McKenzie thought the trial was over. So when a friend called her a few months later to tell her the judge had overruled the jury's verdict and sentenced Lockhart to death, McKenzie was shocked. "I couldn't believe it. I didn't know that could happen," McKenzie said. In January, the Supreme Court declared that Florida's practice of judicial override - which is similar to the Alabama law under which Lockhart was sentenced - was unconstitutional, because it violated a defendant's Sixth Amendment right to a jury by his or her peers. But, in Alabama, judicial override is still the law, and Lockhart and dozens of others, sentenced not by juries but judges, remain on death row. There are serious questions - even among judges in Alabama - of the constitutionality of the state's death penalty system, and a higher court will likely have to address it sooner or later. Until one does, juries in Alabama will continue to be asked to weigh the punishment of life without parole or death, only to have their decision readdressed and possibly changed by a judge. And more defendants may be sentenced to death not by a jury of their peers but by judges. In its 8-1 ruling in Hurst v. Florida at the start of the year, the court wrote that the Constitution requires "a jury, not a judge, to find each fact necessary to impose a sentence of death." The Hurst decision was buttressed by the 2002 case, Ring v. Arizona, in which the Supreme Court ruled 7-2 that Arizona's use of judicial override was unconstitutional. Only 2 states, Alabama and Delaware, have death penalty statutes similar to the one that the court struck down in Florida. While no one is currently on death row in Delaware due to judicial override, the state recently halted all capital trials and executions until the state Supreme Court can review the statute's constitutionality. Alabama is a different story. Since 1981, judges in the state have overridden at least 101 life verdicts for the death penalty. (They've also switched 10 death verdicts to life.) At least 40 people currently on death row in Alabama, including Lockhart, were sentenced to death not by a jury but by a judge. After the January ruling, the Alabama attorney general's office issued a statement saying that the Supreme Court's decision "does not affect Alabama's law" because Alabama juries specify the aggravating factors - like a murder being committed during a robbery, a rape, or a kidnapping - that might justify the sentence of death, even if they don't vote in favor of the death penalty in a given case. In its ruling, the Supreme Court struck down Florida's statute because it allowed judges to find these aggravating factors on their own without the jury's input and exposed defendants to greater punishments than authorized by the juries. In both states, though, after a jury's advisory verdict, a judge reweighs evidence - including pretrial investigations and a sentencing hearing where the jury is not present - and makes a final decision. Since the Supreme Court struck down Florida's death penalty statute, some of Alabama's own judges have been questioning the practice of judicial override. At a January meeting of the Alabama Circuit Judges' Association, judges from the state's 67 counties were split on whether or not they should continue to hear capital cases until a decision is made on the law, while other judges argued that trials should proceed as before until the Supreme Court directly declares the statute unconstitutional. The judges agreed to form a committee to recommend and possibly help draft a new sentencing structure for the Alabama legislature. One key problem with judicial override is that judges in Alabama face partisan elections every 6 years, which can come with public pressure to punish criminal defendants harshly. Judge Tommy Nail, the presiding criminal judge in Jefferson County, Alabama's most populous county, believes that the Supreme Court's ruling was "not exactly clear" in how its ruling should affect Alabama's statute and that, in theory, judicial override can work to correct improper verdicts. The problem, he argued, "comes in practical application because of the pressures and other things that we as human beings have to deal with." Nail clarified that "pressures" mean elections. In Alabama, judges run in partisan elections every 6 years. And many judges I spoke with, like Nail, said there is pressure to appear tough on crime. "I am not saying that judges decide to [use override] because of elections, but I do know that the death penalty, being as popular as it is, is used all the time to promote an election," retired Judge Pam Baschab said. Baschab was on the bench for 20 years, and in 1995 she overrode a jury's verdict and sentenced a man to death. She remembers that the local district attorney was a big fan of media attention, and a capital murder trial in a small town in Alabama is big news. "There was pressure on me. I knew that whatever my decision was [it] was going to be a big public thing, whatever I did, and the district attorney was pushing for the death penalty. He wanted me to do the override," Baschab remembered. "I don't believe in my heart of hearts, that that influenced me, but I can see how it could influence me, or anyone else." Jeremy Armstrong has stood on both sides of this issue. For years, he was an assistant attorney general prosecuting death penalty cases. Now, Armstrong is a defense attorney and has tried more than 26 capital cases in Alabama. He defended Lockhart and originally doubted whether he could get a fair trial in rural Alabama because the case was heavily publicized and involved the murder of a beloved local college student. "[But] those 12 men and women on the jury in Lockhart's case proved me wrong," he told me. When the judge overrode the jury's verdict, Armstrong said, he was at a complete loss. Since there are no standards a judge must follow for overrides, Armstrong wondered what further evidence he could have presented and questioned his own future as a defense attorney. Armstrong said he believes that when judges override, they "show contempt for those jurors.' I contacted all 12 jurors in Lockhart's trial to try to see how they felt being on the jury and having their verdict overridden. Aside from McKenzie, only 1 other juror agreed to speak to me, but she asked to remain anonymous. Like McKenzie, she and her family still live in the area, and she said the case has haunted her for years. "When I found out [the judge] overturned it, it was kind of like a slap in the face," she said of the judge's decision. "He knew that he was going to overturn that. I was kind of like, what were we there for?" The judge, Jacob A. Walker III, said he couldn't speak to me about this case since it's still in appeals. In the wake of the Supreme Court ruling, Armstrong and other defense attorneys have started filing motions in current capital cases arguing that the judicial override portion of Alabama's death penalty is unconstitutional. Armstrong's filed his motion four times, but so far, no judge has ruled on it. Judge Nail said he has denied similar motions before him. Earlier this month, though, Judge Tracie Todd in Jefferson County ruled that in light of the Supreme Court's decision in Hurst, Alabama's death penalty statute is unconstitutional and cannot not be applied to the 4 capital cases before her. The state has appealed her ruling, and the attorney general has repeated his office's stance that Alabama's use of judicial override is not affected by the Supreme Court's ruling. The reality is, though, that the practice of judicial override denies defendants of their constitutional right to trial by jury, explodes one of the tenets of democracy, and renders mute the voice of the people. For now at least, Alabama remains the only state where judges alone decide life or death. (source: Ashley Cleek is a radio reporter and writer living in Birmingham, Alabama. She reports on legal issues for the podcast Life of the Law; slsate.com) MISSISSIPPI: The Hoods Are Gravely Wrong About Execution Secrecy, Firing Squads Both Jim Hood and Joey Hood are wrong on the execution bill that is moving forward in the Mississippi Legislature. Jim Hood, the attorney general, has long been regressive on death-penalty issues in general, despite overwhelming evidence that the procedure is not ordered fairly across both race and class lines. Not to mention, Mississippi has a long history of systemic corruption in our criminal-justice system that even leads to the prosecution and conviction of innocent people for rape and murder, such as in the case of Cedric Willis, who served 12 years in Parchman for murders he didn't commit. The DA's office at the time did not present the full evidence that could have exonerated Willis much earlier, and one of those attorneys went on to first become a Hinds County judge and, later, to serve prison time in a bribery scandal involving his boss back when Willis was on trial. That is, the system was broken, and a man went to jail for murders he didn't commit. Fortunately, he wasn't executed. More recently, Jackson Free Press reporting helped lead to Michelle Byrom getting off death row because her son had actually confessed to murdering her husband. In that case, Jim Hood opposed the re-opening of the case despite the strong implication that she could be innocent. Likewise, he has supported the questionable work of a past medical examiner in the state who helped convict a teenager for helping his sister murder her husband - a young man who later went free. Even if one isn't morally opposed to the death penalty, there is ample evidence from those cases and many others that the State of Mississippi is not equipped to make wise decisions about who should be executed and who should not. If they are sent to prison for life, at least they are still alive if evidence is discovered to exonerate them. The Hoods, though, want to make state executions as easy to do and as secret as possible. The Democrat and the Republican both support even allowing firing squads if the killer drug isn't available when the State is ready to kill someone. To add public insult to injury, SB 2236 would also limit media access and hide the identities of the execution team and the death-drug supplier. The very fact that they want to hide these things to the public prove just how barbaric a practice the State is following on the citizens' behalf. They are turning state employees into executioners, who could even be guilty of killing innocent people, considering the state of Mississippi's criminal-justice system. The secrecy is a clear violation of both the public's right to know, as well as the First Amendment rights of media to provide access and provide that information to the public. This is a very bad bill, and it will only land the State in court. Attorney General Hood should take the lead on rolling back these secret efforts, as well as make every effort to clean up the state's criminal-justice system before another execution occurs. Nothing less is acceptable. (source: Editorial Board, Jackson Free Press) INDIANA: Data: Number of Indiana Death Penalty Cases Has Declined In Past 5 Years The Owen County Prosecutor says he hasn't decided whether to pursue the death penalty for the man accused of raping and killing 1-year-old Shaylyn Ammerman. In order for a case to qualify for the death penalty, it must meet at least 1 of 18 circumstances outlined by the General Assembly. 1 of those circumstances is murder of a child. Assistant Executive Director of the Indiana Public Defender Council Paula Sites says fewer county prosecutors are pursuing capital punishment. "We used to average between 25 and 40 death penalty cases filed each year throughout the state," Sites says. "Over the last 10 years our average is actually fewer than 2 per year." Sites says one reason for the drop in death penalty cases could be the cost. A 2010 report from the Legislative Services Agency found, on average, it costs more than 10 times as much to prosecute a death penalty case to its end than to try a life without parole case. (source: WBAA news) ****************** Fewer Indiana Prosecutors Pursuing Death Penalty On average, just over 2 death penalty requests have been filed each year over the past 5 years. In order to qualify for the death penalty, a case must meet one of 18 circumstances outlined by the general assembly. The Owen County Prosecutor says he hasn't decided whether to pursue the death penalty for the man accused of raping and killing 1-year-old Shaylyn Ammerman. In order for a case to qualify for the death penalty, it must meet at least 1 of 18 circumstances outlined by the general assembly. One of those circumstances is murder of a child. The number of death penalty cases in Indiana has declined over the past 5 years. "We used to average between 25 and 40 death penalty cases filed each year throughout the state," says Assistant Executive Director of the Indiana Public Defender Council Paula Sites. "Over the last 10 years our average is actually fewer than 2 per year." On average, the number of death penalty requests filed over the past few years has dropped. Sites says 1 reason for the drop in death penalty cases could be the cost. A 2010 report from the Legislative Services Agency found, on average, it costs more than 10 times as much to prosecute a death penalty case to the end than a life without parole case. "Only about 1 in 5 death penalty cases that are filed actually result in a death sentence," Sites says. "The rest are usually resolved by plea agreement, most often with a sentence of life without parole." Owen County Prosecutor Don VanDerMoere says he could make a decision on whether to pursue the death penalty in the Shaylyn Ammerman case within the next 2 months. The case could go to trial as early as August. (source: indianapublicmedia.org) ******************** Parolee charged in 7-Eleven stabbings, eligible for death penalty A parolee was charged Tuesday in connection with the stabbings outside a 7-Eleven store in Valley Village that left the general manager dead and his co-worker significant other critically wounded. Hasaan Blunt, 42, who police believe is homeless, was charged with felony murder, felony attempted murder, 2 felony counts of 2nd degree robbery and 3 misdemeanor counts of vandalism under $400 for slashing tires of 3 vehicles prior to the robbery and murder, said Ricardo Santiago of the Los Angeles County District Attorney's office. Blunt was scheduled to be arraigned Tuesday but it was continued until April 28 at the Van Nuys Courthouse, he said. The murder charge carries a special circumstance allegation of murder during the commission of a robbery, which makes Blunt eligible for the death penalty, Santiago said. Prosecutors have yet to determine whether they will seek the death penalty or life in prison without the possibility of parole as a maximum punishment. Blunt is being held without bail because it's a capital case, he said. Longtime 7-Eleven general manager Washi Uddin Ahmed, 55, of North Hollywood was stabbed outside the convenience store in the 5300 block of Laurel Canyon Boulevard Friday by a man suspected of stealing a hot dog and a beer at about 9:15 a.m. He was pronounced dead shortly afterward at Cedars-Sinai Medical Center, according to police and coroner's officials. 7-Eleven sales clerk Paulina Lopez, who walked outside the store to confront the suspect after he allegedly walked out without paying, was stabbed shortly before Ahmed was stabbed. Surveillance video from the neighboring laundromat showed Lopez approaching the suspect in the 7-Eleven parking lot and taking merchandise from his hands before the man pulled out a knife. Blunt had 3 prior convictions, including assault with a deadly weapon and battery causing serious injury, and was sentenced to state prison for 5 years in 1998. He was also sentenced for assault with a deadly weapon as a state prison inmate later that year, Santiago said. Meanwhile, Ahmed's son created a GoFundMe account on Tuesday to help support his father's burial expenses. A date for the funeral had yet to be set, he said. "Nobody was prepared to lose him this soon and the family could use some financial support to help with Washi's burial expenses," Ibtehaz Ahmed Utsay wrote. Utsay, 22, added that due to his father's religious affiliation, "it is highly important that he is buried as soon as possible." LAPD Detective Bob Dinlocker said Tuesday that they are trying to determine whether Ahmed and Lopez were married, or simply living together in the same apartment. The son, who previously said the 2 were unmarried, said Tuesday he was uncertain. (source: Los Angeles Daily News) OKLAHOMA: Closed-door inquiry resumes in bungled Oklahoma executions A grand jury looking into drug mix-ups during the last 2 scheduled lethal injections in Oklahoma resumed its closed-door investigation Tuesday and could issue a final report as early as this week. The multicounty grand jury directed by Oklahoma Attorney General Scott Pruitt's office is scheduled to meet through Thursday in Oklahoma City. Grand jury proceedings are secret, and those subpoenaed to appear are admonished not to publicly discuss their testimony. The panel is looking into how the wrong drug was used to execute an inmate in January 2015 and then delivered again to death row for a scheduled lethal injection in September that was halted just before the inmate was to die. Pruitt said he won't request any execution dates for the 5 people so far on death row who have exhausted their appeals until at least 5 months after the grand jury investigation is complete and the results are made public. Since Pruitt launched the investigation in October, three key state officials connected to Oklahoma's last several executions have resigned after showing up to testify - Oklahoma State Penitentiary Warden Anita Trammell, former Department of Corrections Director Robert Patton, and Gov. Mary Fallin's general counsel, Steve Mullins. None have said their resignations were connected to the probe, and Pruitt declined to discuss the topic during an interview with The Associated Press this month. "I think it's best just to let the grand jury process finish, and then if those matters need to be addressed in a grand jury report, then they will be addressed," Pruitt said then. Internal Department of Corrections emails regarding Patton's resignation show the chairman of the agency's governing board, Kevin Gross, edited a news release announcing Patton's departure to remove any reference to the grand jury investigation. The emails, first reported by Buzzfeed News, show Gross told an agency spokesman in a December email to delete from the release a statement about Patton's resignation having nothing to do with the grand jury. "We can talk about the grand jury," Gross wrote in the email. "But I don't think drawing attention to it will prevent them from coming to the conclusion." The final version of the statement announcing Patton's resignation made no reference to the grand jury probe. Oklahoma ranks second only to Texas in the number of executions carried out since the death penalty was reinstated in the United States in 1976. The drug mix-ups followed a botched lethal injection in 2014 that left inmate Clayton Lockett writhing on the gurney and mumbling in an execution that Patton tried unsuccessfully to halt before Lockett died 43 minutes after the procedure began. An investigation later noted a faulty insertion of the intravenous line and lack of training of the execution team. Meanwhile, former Oklahoma Gov. Brad Henry announced this week that he will help lead a prominent group of Oklahomans in a comprehensive review over the next year on the state's use of the death penalty. Henry, a Democrat who oversaw dozens of executions during his 2 terms in office, will be joined as co-chair on the 12-member panel by retired Court of Criminal Appeals Judge Reta Strubhar and former U.S. Magistrate Judge Andy Lester. That group plans to issue a report in early 2017. (source: Associated Press) From rhalperi at smu.edu Wed Mar 30 11:42:04 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 30 Mar 2016 11:42:04 -0500 Subject: [Deathpenalty] death penalty news----ARIZ., CALIF., USA Message-ID: March 30 ARIZONA: Detective called to testify at hearing The prosecutor in the trial of a man accused of killing an 8-year-old Bullhead City girl is calling a Bullhead City detective to testify at an upcoming Chronis hearing. Justin James Rector, 27, is charged with first-degree murder, kidnapping, child abuse and abandonment of a dead body in the death of Isabella Grogan-Cannella on Sept. 2, 2014, and leaving her body in a shallow grave near her Bullhead City home. Prosecutors are seeking the death penalty. Deputy Mohave County Attorney Greg McPhillips issued a subpoena last week to call Detective Brandon Grasse to testify at a May 6 evidentiary hearing. McPhillips only needs to prove 1 aggravating factor before Superior Court Judge Lee Jantzen to seek the death penalty. In Arizona, there are 14 aggravating factors that can be used to determine the death penalty. 1 factor that would be determined is the age of the victim, which Grasse will testify to in this case since Grogan-Cannella was only 8 years old at the time of her murder. A birth certificate could also prove the victim's age. Factors can include that the victim was 70 years or older, a child under the age of 15, or a police officer. Other factors include that the murder was committed in a cruel or heinous manner, the defendant committed multiple murders, or the defendant committed murder in connection with a street gang. Rector's 10-week trial is set to begin Oct. 17 with a pre-trial hearing set for Aug. 23. Rector is being held in county jail without bond. Mesa attorney Gerald Gavin was appointed as Rector's primary attorney in March 2015. 2 defense attorneys are required in death penalty cases. Jantzen has yet to rule on several defense motions, including another recent motion claiming imposition of the death penalty endangers Rector's Eighth Amendment right to be free from suffering a painful death. Jantzen has denied previous motions to preclude the death penalty. In Arizona, a jury in a death penalty case determines if a defendant is guilty or innocent of 1st-degree murder. If the defendant is convicted, the jury then determines if he or she is to be sentenced to death or to life in prison. (source: Mohave Valley Daily News) CALIFORNIA: Businessman charged in 'diabolic' slaying of Santa Barbara herbalist and family A businessman was charged Tuesday with killing a well-known Chinese herbalist, his wife and 5-year-old daughter inside their hillside Santa Barbara home for financial gain, prosecutors said. Pierre Haobsh, 26, of Oceanside faces 3 felony counts of 1st-degree murder, according to the Santa Barbara County district attorney's office. Prosecutors further allege that Haobsh was lying in wait when he committed the murders. Haobsh was scheduled to be arraigned Tuesday afternoon in Santa Barbara. If he is convicted of the murders, Haobsh could face the death penalty or life in prison without parole. Prosecutors plan to decide on whether to pursue the death penalty after the preliminary hearing. The slain couple ran a popular Chinese herbal clinic on State Street in Santa Barbara, and Han was the author of several books on Chinese herbal medicine. Weidong Henry Han, 57; Huijie "Jennie" Yu, 29; and their daughter, Emily, were found dead Wednesday night inside their gated, 7-acre ranchette off the 101 Freeway. Han's colleagues became concerned about his whereabouts when he didn't show up for a business meeting earlier that day. They went to his home and found the front door ajar and the family's vehicles outside. Pierre Haobsh, 27, of Oceanside was arrested in San Diego County in connection with the deaths of Weidong Henry Han, his wife, Huijie Yu, and their 5-year-old daughter. Deputies were notified and found the victims' bodies wrapped in plastic and duct tape in the garage, said Sheriff Bill Brown of the Santa Barbara County Sheriff's Office. An autopsy determined all three victims died of gunshot wounds to the head, sheriff's Lt. Brad McVay said Tuesday. Brown called the slayings "diabolic, premeditated." Within the first 32 hours of the family's killings, investigators began interviewing friends, relatives, neighbors and business associates who led them to Haobsh, Brown said. Detectives think Haobsh was recently involved in a business transaction with Han, the sheriff said. They then obtained a warrant to arrest Haobsh. Detectives began monitoring Haobsh and spotted him about 12:30 a.m. Friday at a gas station in San Diego County, where they arrested him. A loaded 9-millimeter handgun and property belonging to one of the victims was found inside Haobsh's car, Brown said. "This tragic case is a terrible blow to the Santa Barbara community and the medical community at large," he said. (source: Los Angeles Times) *********** Defense attorney in Oakland death penalty case says there's lack of evidence for fatal shootings of girl, man The defense lawyer for an Oakland man charged with 2 counts of murder for the fatal shootings of an 8-year-old girl and a 22-year-old man in separate shootings in 2013 told jurors Tuesday that there's not enough evidence for a conviction. In her opening statement in the trial of Darnell Williams, 25, who is charged in the deaths of 8-year-old Alaysha Carradine during a sleepover at an East Oakland home on July 17, 2013, and 22-year-old Anthony Medearis in Berkeley in an unrelated shooting 7 weeks later, defense lawyer Deborah Levy said Williams wasn't the shooter in either incident. Levy said 2 key prosecution witnesses who connect Williams to the fatal shootings aren't credible because they are prostitutes. "These women are not believable," she said. Levy told jurors, "Listen to the evidence, you have to connect the dots and there is not enough evidence, ladies and gentlemen." In his opening statement on Monday, prosecutor John Brouhard alleged that Williams carried out a "rampage of violence." Brouhard said Williams carried out the shooting that claimed Alaysha's life at an apartment in the 3400 block of Wilson Street at about 11:15 p.m. in retaliation for the shooting death of 26-year-old Jermaine Davis in the 1800 block of Derby Street in Berkeley about 4 hours earlier. Along with killing Alaysha, the shooting wounded 2 other children and a 63-year-old woman. Brouhard said Davis was a close friend of Williams, who allegedly wanted to kill Antiown York, the man he thought had killed Davis. He fired shots into the apartment on Wilson Street because York's ex-girlfriend, the mother of York's children, lived there, the prosecutor said. The mother wasn't home when Williams opened fire but Williams fired 13 shots that struck Alaysha, York's 2 young children and their grandmother, according to Brouhard. The prosecutor alleged that Williams fatally shot Medearis in the 1400 block of Eighth Street in Berkeley in an unrelated incident about 5:45 p.m. on Sept. 8, 2013, because he thought that Medearis had "snitched" about his involvement in a previous robbery. Brouhard said Williams also wanted to rob Medearis, who he confronted at a dice game, because he was out of money. The prosecution is seeking the death penalty for Williams, who faces two counts of murder for the deaths of Alaysha and Medearis, three counts of attempted murder for the shooting on July 17, 2013, assault with a semi-automatic firearm for accidentally shooting his nephew in the face in the Berkeley incident and 2 counts of being an ex-felon in possession of a gun. Williams also faces 3 special circumstance allegations: committing multiple murders, lying in wait in the shooting that claimed Alaysha's life and killing Medearis during the course of an attempted robbery. (source: KRON news) ***************** Man on death row for Spring Valley murder dies A man who spent 35 years on death row for murdering and dismembering a Spring Valley mother of 2 died of natural causes over the weekend, authorities reported. Bernard Lee Hamilton, 64, was pronounced dead Saturday morning at a Sacramento medical center, according to the California Department of Corrections and Rehabilitation. A San Diego County jury sentenced Hamilton to death in March 1981 for the slaying two years earlier of 24-year-old Eleanore Buchanan, CDCR Lt. Sam Robinson said. Hamilton was convicted of kidnapping and murdering Buchanan on May 31, 1979, after she caught him burglarizing her vehicle in a parking lot at Mesa College, where she was enrolled in a night math class. Her body, missing the head and hands, was found the next day alongside Interstate 8 in Pine Valley. Buchanan, who had given birth to her 2nd son 3 weeks earlier, had been stabbed multiple times. At the time of the crime, Hamilton lived with his parents in Linda Vista, about a mile from the college the victim attended. He was arrested a week after the killing in Oklahoma, where deputies spotted him driving the victim's stolen blue Dodge van. Jurors found Hamilton guilty of murder and burglary in January 1981. Since 1978, when California reinstated capital punishment, 70 condemned inmates have died of natural causes, 25 have committed suicide, 8 have died from other causes and 15 have been executed. There currently are 747 offenders on California's death row, Robinson said. (source: ABC news) USA: There hasn't been a criminal defense lawyer on the Supreme Court in 25 years. That's a problem. It's been a quarter-century since a former criminal defense lawyer sat on the Supreme Court. Since then, crime has fallen by half. Incarceration has risen, then fallen (slightly) again. Americans are becoming more and more critical of the "tough-on-crime" mindset that defined the end of the 20th century, and more skeptical that police and prosecutors will always use their powers for good - in other words, they're coming in line with how defense lawyers see the world. But when Barack Obama made his third (and likely final) Supreme Court nomination last week, he nominated Merrick Garland. Garland is a former prosecutor with a tough-on-crime record. The Court already has 2 ex-prosecutors. Appellate defense lawyer Timothy O'Toole points out that the Court has veterans of both sides of civil cases (defendants' and plaintiffs' lawyers) and one side of criminal cases (prosecutors). "But the one group that seems kind of outside that box, particularly on the Supreme Court, are defense lawyers. And that's a shame." Defense lawyers and scholars worry this isn't an accident; it's the result of the structure that shapes who can get nominated to the Supreme Court to begin with. Federal judges tend to be people who "ticked all the political checkboxes on their career starting from when they were 15," says Tejas Bhatt, assistant public defender for New Haven, Connecticut. Often one of those boxes is working as a prosecutor. Even beyond any particular career experience, the system rewards "people who don't take controversial positions, they don't do controversial things, who don't issue controversial opinions, who do seem to hew more toward law and order and enforcement." There's good reason to be concerned about the jurisprudence of a court that only understands one side of a criminal case from experience - and since the high-water mark of the 1960s, defense lawyers have seen the Supreme Court put serious restrictions on the right against self-incrimination, the right against unreasonable search, and even the right to a lawyer. But to many of them, this isn't just a problem with jurisprudence. It's a problem with the Supreme Court in a democracy - and in an increasingly diverse America. They believe the politics of Supreme Court confirmations has limited all but a very narrow, very privileged slice of America to have a shot at a seat on the highest court in the land. And one of the groups who they fear are locked out is the people whose job it is to stand up for the rights of the marginalized - and those who are on the wrong side of well-intentioned laws. The dangers of a prosecutor-friendly Court Here's what's at stake. A large swath of the Bill of Rights is dedicated to protecting suspects in criminal investigations and defendants in criminal trials: the right against unreasonable search in the Fourth Amendment; the right against self-incrimination and the right to due process in the Fifth Amendment; the right to a jury trial and a lawyer in the Sixth Amendment; the right against cruel and unusual punishment in the Eighth Amendment. In theory, how far these rights really extend is a matter of constitutional interpretation - transcending justices' personal sympathies (for victims of crime, for the accused, for prosecutors) or their feelings toward the criminal justice system in America today. In practice? Nah. In 2005, Boston University law professor Ward Farnsworth suggested that how much a justice thought the Constitution protected defendants relied more on how the justice felt about defendants than how she felt about the Constitution. By analyzing decisions in criminal law cases from 1953 to 2002 - separating cases in which people claimed their constitutional rights had been violated from other criminal cases (involving, say, the interpretation of a federal law or a procedural rule) - Farnsworth found a pattern. In non-constitutional cases, where the disagreements were largely about policy, some justices consistently sided with the prosecution and others consistently sided with the defense. That's predictable enough - some judges (often conservative) tend to favor law and order, while others (often liberal) tend to be skeptical of law enforcement. But the same thing happened in cases where, in theory, the justices were disagreeing about constitutional rights. Justices who sided against defendants in policy cases also tended to see their constitutional rights as narrower. Justices who sided with defendants in policy cases tended to agree that their constitutional rights were more expansive too. If you're already used to thinking of Supreme Court justices as political actors, this correlation isn't surprising. But that doesn't mean it's not important. Over the past half-century, we've seen how much the Court's interpretation of the rights of defendants can vary - and how much it matters. 50 years ago, under Chief Justice Earl Warren, the Supreme Court gave us the right to a public defender as we know it (Gideon v. Wainwright). It gave us the idea that a suspect must be told of his right to remain silent (Miranda v. Arizona). It gave us the rule that any evidence obtained under an unconstitutional search - even if it proves the defendant's guilt - is prohibited from being entered in court (Mapp v. Ohio). It gave us the requirement that if the prosecution discovers evidence that might prove the defendant wasn't guilty, it has to turn that evidence over to the defense (Brady v. Maryland). But in the decades since, the Court has eroded those rights. Defendants now have to declare that they're invoking the right to remain silent in order to end questioning. The right to a lawyer has been (in the eyes of some) compromised, as the Court has given the government more power to seize bank accounts that could be used to pay for defense. And the right to exclude illegally obtained evidence has been rendered less meaningful, as the Court has carved out more and more exceptions for police to engage in searches and surveillance without a warrant. As Farnsworth found, ideological sympathies definitely shape constitutional jurisprudence ??? and personal experience shapes ideological sympathies. The concern of a prosecutor-stacked Court is that its members might be too likely to zero in on the guilt of the defendant, and forgive the methods used to catch him. But working as a prosecutor doesn't automatically flip a switch and make someone permanently more sympathetic to prosecutors - just look at former prosecutor Chief Justice Warren himself. Or just look at the 2 former prosecutors currently on the Court - Justice Samuel Alito and Justice Sonia Sotomayor. The Court's current ex-prosecutors see the law in very different ways "Having experience as a prosecutor probably tells you something about where people's values were when they decided to get a job as a lawyer at the beginning," says O'Toole. In the case of Samuel Alito (who's been on the Court since 2005), that's abundantly clear: Alito once wrote on a job application that his interest in the law had been inspired by his disagreement with the liberal, pro-defendant decisions made in the 1960s by the Warren Court. He's certainly made his dissatisfaction felt - by helping roll back many of those decisions. Alito wrote the 2013 opinion Salinas v. Texas, which said that the defendant had to explicitly say he was remaining silent in order for it to count. Where the Warren Court limited the police's ability to obtain evidence in searches, Alito wrote the 2014 opinion Fernandez v. California - which ruled that it was legal for police to search a residence even if one of the occupants objects, as long as that occupant isn't around (i.e., he's already been arrested). "Alito quite clearly has a disdain for people who are on the other side of crime, and a lack of respect for people who are defendants in the criminal justice system," says appeals court defense attorney Matt Kaiser. If Alito is evidence that "once a prosecutor, always a prosecutor," the Court's other former prosecutor, Sonia Sotomayor, represents an alternative that O'Toole and other lawyers say is common: judges whose experience as prosecutors leads them to have a more realistic, tempered view of law enforcement. Thanks to what law professor Tony O'Rourke calls a "healthier appreciation of, let's say, the diversity of professionalism" among police and prosecutors in the field, Sotomayor is arguably the most pro-defendant justice on the current Court. When other justices ruled that a suspect had to explicitly say, "I want to remain silent," to keep his Miranda rights in a 2014 case, Sotomayor pointed out: "The Miranda warnings give no hint that a suspect should use those magic words, and there is little reason to believe police - who have ample incentives to avoid invocation - will provide such guidance." O'Rourke points out that while Sotomayor and Alito were both prosecutors, they weren't the same type of prosecutor. "Justice Sotomayor cut her teeth in the Manhattan District Attorney's Office," he says. "She's used to dealing with the realities of a relatively resource-constrained prosecutor's office, as opposed to, say, a US attorney's office." In other words, she's used to criminal investigations that are constrained not just by rules, but by the logistical realities of a broad caseload and a sometimes less-than-professional police force. Alito, on the other hand, "was in a US attorney's office in a relatively elite district." His police force - the FBI - was a fairly professional one. So the things that kept him from doing his job the way he wanted to do it were, O'Rourke says, "the internal policies and practices of the US attorney's manual." It makes sense that he'd regard those as unwelcome bureaucratic constraints. But of course, the fact of the matter is that Sonia Sotomayor and Samuel Alito weren't identical people before they started their respective law careers. Sotomayor's experience as a prosecutor is layered on top of her experience as a Latina from a working-class family. Her background is more similar to some of the defendants than to that of other justices on the Court. That matters. Like it or not, the justices are more concerned about constitutional overreach by law enforcement when they can imagine themselves, or people like them, as the targets. Rachel Levinson-Waldman, a privacy expert at the Brennan Center for Justice, argues that this explains a few recent decisions the Court has made restricting law enforcement's use of technology. Previously, she says, the Court had ruled that individuals couldn't expect privacy from law enforcement when doing anything in public (say, driving around). But in 2012, the Court ruled that attaching a GPS device to a suspect's car qualified as a police search under the Fourth Amendment. "One of the things that changed the justices' mode of thinking," Levinson-Waldman says, "is, 'Wait a minute, these GPS devices could be put onto our cars if the government's theory is right.' That's when it started to seem very personal." Something similar happened in 2014, when the Court ruled that police couldn't search a suspect's cellphone without a warrant: Justices "went, 'I have a cellphone, I have an iPhone,'" Levinson-Waldman says. "But these surveillance technologies don't just come into existence when they affect the lives of basically wealthy, highly educated, highly powerful people," she continues. "They are used far before that. They're used first on marginalized communities, they're used on communities of color." They're used on people in whom only Sotomayor might recognize herself. The system that encourages would-be Supreme Court justices to start planning out their careers at the age of 15 doesn't allow for many Sonia Sotomayors. They're more likely to be "the 1 percent of the 1 percent," says Bhatt. Only people from elite backgrounds are likely to know at a young age that there's a fairly established career path for the federal judiciary: "Go to a prestigious law school, work at some big white-collar firm, go to the US attorney's office, put in my time there, and then get nominated to the bench." And their risk-averse route doesn't allow them to come into contact with the people who tend to rely on the Bill of Rights' criminal protections the most. Former prosecutors assume all prosecutors are as scrupulous as they were The problem isn't that mediocre prosecutors get rewarded with federal judgeships, much less slots on the Supreme Court. It's the opposite. Ex-prosecutors who make it to the Supreme Court - the Sonia Sotomayors, Samuel Alitos, and perhaps Merrick Garlands of the world - were only the best, most scrupulous prosecutors. That creates its own failure of empathy. "Here's the core problem," says Kaiser, the criminal appeals lawyer. "When prosecutors are on the Supreme Court and they're making rules about criminal cases, and they're making rules about what prosecutors are supposed to do, they think about themselves when they think about people following those rules." Those blind spots become most apparent when the Court is presented with a case where prosecutors try to use the Supreme Court's own rules as a way to gain the upper hand. Earlier this year, the Supreme Court took a case out of Louisiana regarding the Warren-era precedent Brady v. Maryland, which established that it's illegal for prosecutors to withhold evidence if it would change the outcome of a trial. When prosecutors violate Brady, and that gets found out later, the conviction is often overturned. In the eyes of many Supreme Court justices, the point of Brady is to ensure that prosecutors see it as their job to turn over potentially exculpatory evidence. In the eyes of many prosecutors, though, the point of Brady is that it gives them a step-by-step guide to when they do and don't have to turn over evidence. The Louisiana case showed just how far apart those perspectives really are. In oral arguments, the lawyer for the Louisiana prosecutors admitted that "a prudent prosecutor would have" told defenders that one of the key eyewitnesses at the trial had initially told police he couldn't identify the perpetrators. But the lawyer argued that just because the prosecutors were imprudent didn't mean they'd violated Brady - because the prosecutors believed that the evidence wouldn't have changed the case's outcome, and that meant they were in the clear. As defense lawyer Bidish Sarma wrote on the American Constitution Society blog, "[S]everal Supreme Court justices appear genuinely shocked to hear that prosecutors rely upon Brady [...] to decide before trial whether to turn evidence over to the defendant." They assume that Brady is about a deeper ethical obligation - because that's the obligation they, as prosecutors, would feel. "If you have a bunch of people who are assuming that prosecutors are in every case diligent and zealous about making sure they meet both the spirit and the letter of their constitutional obligations," says Kaiser, "and then you have a bunch of people who think Brady is a game where they can withhold evidence to secure their conviction, they'll just have rules that hurt defendants." Defense lawyers are already "attuned" to the dispossessed Obviously, the problem of Supreme Court justices seeing the law as it should be practiced, rather than as it actually is, is something too deep for any president to fix with a single appointment. But Kaiser and others point out that cases involving evidence under Brady, for example, might be a lot easier to resolve if anyone on the Court had had experience using evidence to assemble a defense. "When you see former defense lawyers write on or rule on those issues from the trial bench, it's not an imagination game; it's an experience game," says Timothy O'Toole. "You've got somebody who's formulated dozens of defenses from information just like that." O'Toole mentions that the Supreme Court hasn't always understood the importance of having separate hearings during the sentencing phase of capital trials. In his experience, the ability to explain the circumstances of his clients' lives and upbringings has been critically important to whether or not they're willing to put him to death. If you haven't "looked into the juror's eyes when they see what a client has been through," he says, you can't understand just how important those hearings are to protecting the client's rights against cruel and unusual punishment. This is a fairly straightforward diversity argument: that it's good for the Supreme Court to be able to draw on as broad a stream of personal experiences as possible. But the real asset that former defenders bring to the judiciary, defense lawyers believe, is that they're used to seeing the law from the perspective of those they represent - and thinking in terms of its flaws. That doesn't just mean the pro-defendant viewpoint would be more strongly represented on the Court: Mere representation might still put a former defense attorney on the wrong side of a lot of 8-1 decisions. But lawyers are confident that having that viewpoint represented can help the other justices understand the principles at stake - even if they're focused on the guilt or innocence of particular defendants instead. The federal bench is getting more diverse - but the Supreme Court is still a glass ceiling "President Obama has actually done a very good job of my view of trying to diversify the federal courts" with defenders "in a way that hasn't really happened in my memory," O'Toole says. "There are a lot more public defenders on the federal bench now than 10 to 15 years ago." When the Supreme Court rules on a criminal case, the composition of the lower courts matters a lot. One example: a series of Supreme Court decisions that have restored some flexibility in sentencing to federal judges. In the past, Kaiser says, if something like that happened, the Supreme Court would "give some discretion to the lower courts, and they'd gum that rule to death." But the lower courts have been "a lot more respectful" of this line of cases, "accepting the defendant-friendly implications." The impact has been enormous: From October 2014 to September 2015, slightly more than half of all federal sentences were shorter than the recommendations judges were afraid to stray from a decade ago. But so far, that increase in former defense lawyers on the federal bench hasn't worked its way up to the Supreme Court. The Garland nomination was particularly painful to defenders, because they were so close. One shortlisted judge, Jane Kelly of the Eighth Circuit, was a former public defender - who had also been a victim of crime herself. In Kaiser's words, she had "the best profile for a public defender candidate that you're likely to see for the Supreme Court." She was their best chance. But reports in the days before the appointment suggested Obama had deliberately taken Kelly off the Supreme Court shortlist, because he was worried that her experience representing violent criminals in court would make her overly controversial with Republicans (who were already threatening to obstruct every Obama nominee). "John Adams defended the British troops who had fired in the Boston Massacre," O'Toole points out. "But apparently that wasn't as big a political liability then." Even with emerging skepticism of tough-on-crime attitudes, though, today's politicians are still too cautious to emulate the founders in this regard. It's a vicious cycle. When former defenders are seen as too controversial to be nominated to the Supreme Court, young lawyers who might want to be Supreme Court justices one day get scared away from becoming defenders. When the Court doesn't have anyone who can relate to defendants in criminal cases, it makes decisions that aren't favorable to defendants. When the Court restricts the constitutional rights of defendants, it gets harder for their lawyers to persuade lower-court and local judges and juries that their clients have rights, and that those rights are more important than the facts of what they did. "Every important [criminal justice] decision came in the wake of somebody who did some pretty horrible things," says Bhatt. Ernesto Miranda was charged with kidnapping, rape, and robbery. Clarence Gideon "was a robber, and a thief, and a card shark." But they still deserved the due process of law. That's the principle that the Warren Court upheld, and that the current Court is at risk of hollowing out. (source: vox.com) ************ Prosecutors: Defense move would extend Rodriguez's death penalty appeal in Sjodin murder Federal prosecutors in the death penalty appeal of a man who killed a University of North Dakota student in 2003 say a request by defense attorneys to withdraw from the case could be seen as a "disguised delay tactic." Alfonso Rodriguez Jr's lawyers say a new defense team is needed because of staffing and personnel changes in the federal system and the Minnesota federal public defender's office. Prosecutor Keith Reisenauer says in his response that he is opposed to the change. He says granting the defense motion will likely postpone proceedings for at least a year or more. The final appeal was filed more than 5 years ago. Rodriguez, of Crookston, Minnesota, sits on death row in Terre Haute, Indiana, for killing Dru Sjodin, of Pequot Lakes, Minnesota. (source: Associated Press) From rhalperi at smu.edu Wed Mar 30 11:42:57 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 30 Mar 2016 11:42:57 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 30 TURKEY: Turkish opposition demands to restore death penalty for terrorists In Turkey, the head of the opposition National Movement Party (MHP) Devlet Bahceli urged the government to restore the death penalty for terrorists, the Turkish TV channel TRT Haber reported March 30. The fact that the death penalty was abolished in Turkey unties the hands of terrorists, Bahceli said. On Feb. 16, 2015, the head of the parliament's justice commission Ahmet Iyimaya said that Turkey's parliament may consider the restoration of death penalty. Iyimaya said the death penalty can be applied in the case of violence against women, and particularly brutal murders. Following the rape and murder of a 20-year-old student, Ozgecan Aslan, in Turkey's Mersin province, a number of ministers requested that the death penalty be used against the perpetrator. Ozgecan Aslan was last week raped and killed by a bus driver. Her body was found in a river in southern Turkey. Turkey abolished the death penalty in 2001. The country hasn't used the death penalty since 1986. (source: trend.az) BELARUS: Death sentence to Ivan Kulesh has been upheld Death sentence to Ivan Kulesh has been upheld photo by the Human Rights Center "Viasna" On March 28 the Supreme Court???s Criminal Board has turned down the appeal and left the verdict of the Hrodna Regional Court in place. Kulesh was told about his right to seek pardon from the President. Let us recall that Ivan Kulesh was sentenced to death by a verdict of Judge Anatol Zayats of the Hrodna Regional Court of 20 November 2015. He was charged of triple murder, as well as attempted murder, theft and robbery committed in the Lida district in 2013 and 2014. During the hearing, Ivan Kulesh said that he fully agreed with his sentence saying that it was 'fair', HRC "Viasna" informs. He confessed to 1 murder, but refused to answer the judge's question of whether he had killed the 2 remaining saleswomen. Ivan Kulesh said that during the investigation he was forced to testify. He was questioned without a lawyer, while the latter only came to sign papers. The lawyer asked to commute the death penalty to 25 years' imprisonment, since the case has extenuating circumstances, including full confession, which were not taken into account by the Regional Court. The public prosecutor said there was no reason to reduce the sentence. As a result, the Supreme Court has turned down the appeal and left the verdict in place. The death convict was told about his right to seek pardon from the President. Ivan Kulesh had previous convictions for theft, robbery and false denunciation. He had no permanent job. (source: EuroBelarus) INDONESIA: Greater Jakarta: Prosecutors lack evidence to charge Jessica The Jakarta Prosecutor's Office will return the dossier on the murder of Wayan Mirna Salihin to the Jakarta Police as it regards the evidence as insufficient to charge the sole suspect Jessica Kumala Wongso. Prosecutor's office spokesman Waluyo said on Tuesday that one of the deficiencies in the case dossier was witness testimony as this was fundamental to bring a case to the court. "We need more witness testimony that will be solid enough as evidence. It is still incomplete," Waluyo said as quoted by kompas.com, adding that they would return the dossier to the investigators within 14 days from it being submitted on March 22. "[We will return it] around April 3 or 4," he said. Separately, Jessica's lawyer Hidayat Bostam said the police did not have enough evidence to bring his client to trial as a murder suspect. A premeditated murder case, he said, needed strong evidence as it carried such a heavy sentence. Jessica has been charged under Article 340 of the Criminal Code, which carries the death penalty.Mirna died on Jan. 6 after drinking an iced coffee while at a restaurant in Jakarta with Jessica and another friend. Police have named Jessica as the sole suspect in the murder case, alleging she laced the victim's coffee with cyanide. (source: thejakartapost.com) TAIWAN: Group denies death penalty rally result of 'Little Light Bulb' case A civic rights group that is planning to hold a rally in Taipei on April 10 to promote enforcement of capital punishment said Wednesday that the event was not aimed at highlighting any isolated case. The White Rose Social Care Association announced on Tuesday that it would hold a mass rally in front of the Presidential Office building on April 10 in the wake of the beheading of a four-year-old girl on Monday in what was apparently a random attack. The announcement was met by a response from the mother of the 4-year-old girl on her Facebook page on Wednesday urging individuals or groups not to try to exploit the victim for their own ends. Defending the association's rally, the group's chairwoman Eva Liang said the planned rally was not aimed at highlighting any specific case but rather at urging the government to take the issue of personal safety more seriously. She said her organization had been planning the rally since before the Jan. 16 presidential election and issued a written statement to presidential candidates at that time to promote the cause but did not receive any response. Liang also stressed that the group did not reveal the names of the 4-year-old girl and her mother or the girl's nickname -- "Little Light Bulb "-- on its official website and that the girl's mother wrote at the end of the Facebook post that her comments were not targeted at the association. The main focus of the rally will be to stress the importance of personal safety of the people and push for the enforcement of capital punishment, Liang said. Asked whether the girl's mother will be invited to attend the event, Liang said "no," because "the association did not want to rub salt into the wound of the victim's family." The random attack occurred Monday when the mother and her daughter were on their way to a metro station in Taipei's Neihu District to meet the girl's grandfather and 2 of her siblings for lunch. A man later identified as 33-year-old Wang Ching-yu grabbed the child from behind and beheaded her with a cleaver after striking several blows. Wang was arrested, and a district court ordered that he be detained on the grounds that he was a flight risk. The case, the 2nd child killing in Taipei in less than a year, has sparked widespread public anger and criticism of calls to abolish the death penalty. The death penalty has always been legal under Taiwan's Criminal Code, but death sentences were not enforced for a 5-year period from 2005 to 2010 until public furor over the lack of enforcement pressured the incumbent Kuomintang government to resume executions. Opinion polls in Taiwan have indicated strong support for the death penalty, but the Democratic Progressive Party, which was in power from 2000 to 2008 and will assume power again on May 20, has traditionally been against capital punishment. (source: focustaiwan.tw) INDIA: 10 convicted in last case under Pota A special Prevention of Terrorism Act (Pota) court on Tuesday convicted 10 accused, including conspirators Saquib Nachan and planter Muzameel Ansari, for planning and executing triple blasts at Mumbai Central, Vile Parle and Mulund in 2002-2003. The court acquitted 3 accused of all charges leveled against them. On Wednesday, the court will hear arguments regarding the sentence. Ansari faces the maximum sentence of death penalty, while a few others, including Nachan, could be sentenced to life imprisonment. Special public prosecutor Rohini Salian said the conviction was based purely on the witness testimony, confessional statements of the accused given under Pota and forensic and ballistic evidence. The 1st blast took place near an eatery in the main building of Mumbai Central terminus on on December 6, 2002, followed by another in a market in Vile Parle on January 27, 2003 and the 3rd in a crowded ladies 1st class compartment of a suburban train near Mulund March 13. Nachan, suspected to be a member of the banned outfit Students Islamic Movement of India (SIMI), was said to be 1 of the prime conspirators in the case. The prosecution had clubbed the 3 blast cases, because the conspiracy was interlinked and accused were associated with each other. Though the draft charges were submitted to the court in 2003, the actual charges were framed only in 2014, because Nachan had moved the higher court, challenging the clubbing of the cases and maintainability of Pota. To bring home the guilt of the accused, the prosecution examined 154 witnesses, including injured persons and eyewitnesses. Salian said the first arrest was of Nachan, made in 2003, after a police team was restrained by residents of Padgha village, who refused to let the cops carry out any local search. Nachan then moved the high court, seeking directions to restrain the police from entering the village and harassing its natives. It was then that the Mumbai police crime branch opposed the plea and submitted an affidavit raising suspicion about the accused. Based on that, the high court directed Nachan to surrender before Pota. Later, the other accused also came to be arrested. 2 accused died while two were discharged during the trial. Finally, only 13 were tried, of whom 3 were acquitted. Salian said the prosecution relied on the testimony of the witness, who knew bomb planter Ansari and had seen him at the place of the blast before the incident. Through several witness testimonies and confessional statements, the prosecution was able to prove the association between the accused. The prosecution had alleged that the blast conspiracy was hatched between three groups located in Malegaon, Kurla, Padgha and Kalyan. Salian said the bombs were prepared at accused Dr Wahid Ansari's clinic in Kurla. The blasts December 6, 2002: Blast at Mumbai Central terminus injures 25 people January 27, 2003: Blast at Vile Parle market kills 1 woman and injures 32 people. 1 unexploded bomb found. March 13, 2003: Blast in a Karjat-bound local near Mulund station kills 11, injures 82 The convicts 1. Saquib Nachan 2. Atif Mulla 3. Haseeb Mulla 4. Ghoolam Khotal 5. Farhan Khot 6. Dr Wahid Ansari 7. Muzameel Ansari 8. Mohammed Sheikh 9. Noor Ansari 10. Anwar Ali Acquitted accused 1. Mohammed Nadeem Paloba 2. Haroon Lohar 3. Adnan Mulla (source: dnaindia.com) BANGLADESH: Death for Bangladeshi woman who cut out lover's heart A young woman who cut her lover's heart out and slashed his throat has been sentenced to death by a Bangladeshi court, a prosecutor said Tuesday. Fatema Akhter Sonali, 21, acted out of revenge after the man refused to marry her and secretly kept recordings of the couple having sex, prosecutor Quazi Shabbir Ahmed said. She had also found video footage of him having sex with other women on his laptop, Ahmed said. "It's rare for a woman to be sentenced to death. But her case was exceptional," he told AFP." She admitted to the court she killed her lover, Emdadul Haq Shipon, for refusing to marry her and for keeping a recording video of their sexual intercourse in his laptop. The judge delivered Sonali's sentence on Monday in a packed court in the southwestern city of Khulna. In her confession, Sonali said she spiked a soft drink with 20 sleeping pills and gave it to Shipon, a 28-year-old part-time lift attendant at a hospital. When he fell unconscious, she bound his hands and feet before killing him by slitting his throat. Sonali then cut open his chest and removed his heart. "She told the court that she was curious to see how big his heart was. She said a man must have a big heart to carry out such audacious crimes," said Ahmed, using a Bengali idiom. Sonali committed the murder in March 2014 and can challenge the sentence in a higher court. If her execution goes ahead she will be the 1st woman to be hanged in Bangladesh, according to Tipu Sultan, a deputy inspector general of prisons. (source: asiaone.com) ************** SC fixes Apr 3 for hearing date on Nizami's review A chamber judge of the Supreme Court today fixed April 3 for hearing a government application filed for setting a date on the hearing of condemned war criminal Motiur Rahman Nizami's review petition. Chamber Judge Mirza Hossain Haider sent the government's petition to the apex court's full bench. The full bench of appellate division on April 3 may fix a date for holding a hearing on Nizami's review petition, Deputy Attorney General Ekramul Haque Tutul told The Daily Star. Earlier on the day, the government filed an application to the SC to fix the date for hearing the review petition. Jamaat-e-Islami chief Nizami yesterday filed the review petition challenging the SC's verdict that upheld death penalty for him for war crimes. Nizami filed the petition 14 days after the SC released the full judgment. The SC on January 6 this year upheld the verdict of the International Crimes Tribunal-1 that sentenced Nizami to death for crimes against humanity during the country's 1971 Liberation War. 2 months later, on March 15, the apex court released the full verdict. The ICT issued death warrant for him hours after the SC released its full verdict. The following day, the jail authorities read out the judgment before the convict. In October 2014, the ICT-1 handed down capital punishment to Nizami, the leader of infamous Al-Badr Bahini, for his wartime offences. (source: The Daily Star) From rhalperi at smu.edu Wed Mar 30 11:44:07 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 30 Mar 2016 11:44:07 -0500 Subject: [Deathpenalty] death penalty news----worldwide----PAK., MALAY., IRAQ, S. ARAB., TAN. Message-ID: March 30 PAKISTAN: PHC stays execution of 'terrorist' The Peshawar High Court (PHC) on Tuesday stayed the execution of a convicted terrorist that was scheduled to take place in Kohat prison today (Wednesday). A military court had awarded death sentence to Fateh Khan after terrorism charges were proved against him. A two-member bench comprising Justice Waqar Ahmad Seth and Justice Muhammad Younas Thaheem stayed the execution of Fateh Khan till April 5 and issued notice to the ministries of Interior and Defence to submit replies in the petition before the next date of hearing. Zarba Khela, mother of the convicted person and resident of Khyber Agency had filed the judicial review petition and requested the court to stay her son's execution. She had earlier received a notice from the Kohat prison that her son would be executed on Wednesday. In the petition, she stated that her son was picked up by the security forces on November 20, 2014 from Sarband area of Peshawar. She submitted that her son remained missing since then. She said the Peshawar High Court on March 3, 2016 in her habeas corpus petition issued notices to the ministries of Defence and Interior and the intelligence agencies with a directive to submit replies about the whereabouts of her son. The woman claimed in the petition that on March 25, 2016 she received a notice from the office of assistant political agent, Bara, Khyber Agency, through the Kohat prison that her son had been awarded death sentence by a military court in cases related to terrorism. In the notice, she said her family was asked to have a last meeting with Fateh Khan on March 29 as he was being executed in Kohat prison on Wednesday. In the petition, she prayed the court to stay the execution as she did not know why her son is being executed and for which crime. Earlier, the high court had also stayed execution of 2 other alleged terrorist, who were awarded death sentence by military courts. Meanwhile, a citizen from Upper Dir district on Tuesday challenged in the Peshawar High Court (PHC) the award of death sentence to his brother by a military court. Ajab Gul, brother of the convicted terrorist Taj Gul, son of Sultan Zareen, challenged the sentence through his lawyer Arif Jan. It was stated in the judicial review petition that some five years ago the family members had handed over Taj Gul to the security forces. The petition said the family members had met the detainee several times at the internment centre in Swat. Later, they came to know through the media on March 15 about his death penalty. The brother of the convict prayed the court to suspend the execution as no charges were conveyed to the detainee and he was denied the right to defence during the trial. As per the army-run Inter-Services Public Relations statement, the convict was involved in attacking the law-enforcement agencies, which resulted in the deaths of police constables and levies personnel. The ISPR said a cache of arms and explosives were recovered from him. It said the convict had confessed to the offences before the magistrate for which he was awarded the death sentence. He was among the 13 convicts whose death sentences were confirmed by Chief of Army Staff General Raheel Sharif. According to the ISPR, the condemned terrorists were tried by the military courts for involvement in the Nanga Parbat attack, Saidu Sharif Airport, destruction of schools, attacks on the armed forces, law-enforcement agencies and civilians. (source: The International News) ********** Executions Have Skyrocketed In Pakistan As The Country Targets Terror----The nation is now among the world's top executioners. Activists from the Human Rights Commission of Pakistan carry placards during a demonstration to mark International Day Against the Death Penalty in Islamabad on Oct. 10, 2015. Pakistan has executed at least 332 people since bringing back its death penalty in 2014. Authorities in Pakistan have detained over 5,000 people since Sunday, when a deadly bombing killed at least 70 people, including many children, at a public park in Lahore. The arrests are part of a renewed crackdown on Islamist militant groups, which Pakistan's government has increasingly targeted after a terror attack on a school in Peshawar killed over 140 students and staff in December 2014. While Pakistan's military touted its more than yearlong offensive against the Pakistani Taliban as a success late last year, bombings and attacks in the country have remained constant. The campaign has also been controversial for its erosion of human rights in Pakistan, as the government ended a 6-year moratorium on the death penalty in 2014 and began carrying out hundreds of executions. The Pakistani government's renewal of the death penalty initially only brought back executions for terror-related charges. However, in March of last year, the government expanded capital punishment to almost 30 different crimes. Since lifting the moratorium, Pakistan has executed at least 332 people and now finds itself among Iran, Saudi Arabia and China as one of the world's most prolific executioners. Although Pakistan at first only executed terror suspects, most of the people it executed in the past year were sentenced for other crimes. Activists from the Human Rights Commission of Pakistan carry placards during a demonstration to mark International Day Against the Death Penalty in Islamabad on Oct. 10, 2015. Problems with Pakistan's judicial system have deepened concerns about implementation of the death penalty there. Activists opposing Pakistan's resumption of capital punishment say the change in policy has been made worse by long-standing failings of the country's legal system. "There's very troubling and serious concerns in Pakistan with regard to people having access to a fair trial," Jameen Kaur, Amnesty International's deputy director of campaigns for South Asia, told The WorldPost. The Pakistan judicial system's problems, Kaur says, include restricted access to lawyers, the admission of evidence that was obtained using torture and fast-tracked trials. Pakistan changed its constitution following the Peshawar school attack to allow terror suspects to be charged in military courts, human rights groups have criticized. "Proceedings of the military courts do not meet international fair trial standards," Kaur said. "The military officers presiding in the military courts are not required to have legal training, so that raises serious concerns." Pakistan's government has also executed people who were minors when they were convicted. In 1 case, inmate Shafqat Hussain was executed despite his lawyers' claims that he was only 14 when he was sentenced to death for murder in 2004 and that his confession was obtained by torture. He was hanged last August. Another controversial case is that of Abdul Basit, who was convicted of murder in 2009 before he contracted meningitis in prison and became paralyzed from the waist down. Pakistani authorities have given him several stays of execution as they debate his case, including the technicalities of hanging a paraplegic man. Pakistan's authorities have given no explanation for why they expanded the use of capital punishment beyond terror charges, but the rise of executions in the nation comes at a time when many countries have increased their use of the death penalty. Bot Saudi Arabia and Iran executed more people last year than any year in decades. Human rights groups and activists have condemned the shift in Pakistan's policy, stating that it has done nothing to prevent terror attacks and calling for the nation to stop executing its prisoners altogether. Pakistan currently has over 7,000 inmates on death row, according to Amnesty. The group says it's now waiting to see the fallout of the government's latest arrests. (source: Nick Robins-Early, Huffington Post) MALAYSIA: Death penalty: Home Ministry says 12 executed in last 6 years Malaysia has executed 12 out of a total 829 people who were sentenced to death since 2010, the Home Ministry said today. In a written parliamentary reply to Puchong MP Gobind Singh Deo, the ministry added that 95 others have received either a royal pardon or had their death sentence commuted. "The sentence has been handed out due to the offences of murder, drug trafficking, smuggling firearms, and also kidnapping," the ministry said. Gobind had asked the government to give a breakdown on the death sentences meted out since 2010. Last week, prison authorities came under criticism for what was described by Amnesty International as the "secretive" hanging of a 34-year-old man at the Taiping prison. This was because Gunasegaran Pitchaymuthu was reportedly given very short notice regarding his execution. Discussions and debates to abolish death penalty in Malaysia, especially under the Dangerous Drugs Act (DDA) had been taking place in Malaysia since 2011, but no legislative amendments had been proposed to date. (source: themalaymailonline.com) *************** Malaysia sentences 829 convicts to death penalty since 2010 Malaysia has sentenced 829 prisoners to death between 2010 and 2016, Deputy Prime Minister Ahmad Zahid Hamidi said. Of these as many as 95 were pardoned or given reprieves, while 12 were executed, the minister said, according to The Star. "Statistics from the Prisons Department show that between 2010 and February 22, 2016, the courts sentenced 829 prisoners to death for various crimes, including murder, drug trafficking, firearms trafficking and kidnapping," Zahid, who is also the home minister, said. Calls for abolishing capital punishment have been rife in the Muslim majority country since 2010. The government has said it is willing to review the mandatory death penalty in certain crimes. The Malaysian lawyers' forum has also called for a moratorium on executions pending this review, the report said. Drug related offences carry the maximum punishment in the country. According to the Amnesty International, anyone one found carrying 200g or more of cannabis is automatically presumed guilty of trafficking and awarded death penalty. "Malaysia keeps its execution numbers secret, but credible sources suggest that about 1/2 of all death sentences carried out in recent years have been for drug convictions," the rights organisation has said. According to Death Penalty Worldwide, the number of individuals currently under sentence of death is at least 1,043. The organisation says at least 2 people were executed in 2014, but since then the death penalty hasn't been carried out in the country. (source: International Business Times) ********** TIME TO ABOLISH DEATH PENALTY: 829 SENTENCED TO DEATH SINCE 2010 - ZAHID Of the 829 prisoners convicted and sentenced to death between 2010 and 2016, Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi said that 95 were pardoned or given reprieves, while 12 were executed. "Statistics from the Prisons Department show that between 2010 and February 22, 2016, the courts sentenced 829 prisoners to death for various crimes, including murder, drug trafficking, firearms trafficking and kidnapping," said Ahmad Zahid, who is also the Home Minister. This was said in a written response to Gobind Singh Deo (DAP-Puchong). "The 95 received pardons or a reprieve after submitting appeals to the Yang di-Pertuan Agong, rulers or state governors," Zahid added. Since 2010, the government has said that it is willing to review the mandatory death penalty, with a view to its possible abolition. The Malaysian Bar has urged for a moratorium on executions pending this review. (source: malaysia-chronicle.com) IRAQ: ISIS beheads another Peshmerga as Kurds back Iraqi army in Makhmour offensive The Islamic State published a video purportedly showing a Kurdish militant of the group beheading a Peshmerga hostage before a crowd in Mosul, and threatening to kill 2 other Peshmerga prisoners who kneel before him. The video was released as ISIS faces an Iraqi Army offensive on villages in Makhmour that is seen as a 1st step of a war to liberate Mosul, the ISIS stronghold in Iraq since it was captured by the militants in June 2014. Peshmerga units and a US Marine base in the area have been providing backing and artillery support to the Iraqi forces in their fight. In the 6-minute-video published Tuesday, a militant in Kurdish clothes is shown beheading 1 of the 3 Peshmerga hostages. The murderer verbally attacks Kurdistan Region President Masoud Barzani and the United States. Since ISIS attacked the Kurdistan Region in August 2014, igniting a war with Iraq's Kurds that is still ongoing, the group has released several videos showing the beheadings of Peshmerga soldiers. In the previous such release, a video published in October showed the beheadings of 4 Peshmerga in Hawija, at the site where US Special Forces and Peshmerga fighters had freed 70 Iraqi Army soldiers from ISIS. ISIS reportedly had a steady source of Kurdish recruits until it attacked the Kurds. (source: rudaw.net) SAUDI ARABIA: Saudi government 'wants to EXECUTE gay people who show their sexuality in public & online' Saudi law makers could impose the death penalty on gay people who show their sexuality in public and on social media, according to reports. The Saudi government is hoping to impose capital punishment on homosexuals, it has been claimed The government in the Sunni Kingdom is reportedly demanding tougher punishments on those found guilty and claimed social media has caused a boom in homosexuality. According to Okaz newspaper, the last 6 months has seen 35 cases of homosexuality and 50 cases of cross-dressers as well as cases of "sexual perversion??? in Saudi Arabia. The judiciary reportedly also claimed there has been a large rise in "perverts" displaying "sins and obscenities" on social media in the Sunni Kingdom. It comes after a Saudi man was arrested this week when he raised the rainbow flag outside his home in Jeddah. The doctor was arrested by religious police within hours of hoisting the flag in the port city. But he was released shortly afterwards when he claimed he had no idea what the pride flag symbolised. In addition, Okaz reported that a man in his 50s was arrested for making sexual advances to men online. He allegedly begged for forgiveness during the police interrogation and said he would not do it again. The calls from the law makers has seen a backlash on social media with some using the hashtag #I_am_gay_will_not_be_deterred. One tweeted: "I stand with the Saudi Arabian LGBT community." It is illegal to be gay in Saudi Arabia Currently, the Saudi government hands out fines, prison sentences and whipping for being openly gay. A 2nd conviction automatically merits automatic executions although vigilante executions are also common. (source: express.co.uk) TANZANIA: Conflicting decisions on death sentence should be resolved According to section 197 of the Penal Code, whoever is convicted of murder is liable to suffer death by hanging. Such provision reads, "Any person convicted of murder shall be sentenced to death." However, justices of the Court of Appeal, the highest temple of justice in the country, have not come into a common decision in respect of death sentence, which is imposed to convicted murderers. When determining an appeal lodged by Kachukura Nshekanabo, alias Kakobeka, a resident of Karagwe District in Kagera Region, a panel comprising Justices Engela Kileo, Sauda Mjasiri and Batuel Mmilla differed on whether the death sentence was appropriate. Justice Kileo, who was the chairperson adjudicating the appeal arrived into a different position, proposing that life sentence was the appropriate punishment instead of death because such capital penalty is unconstitutional. However, the rest of members of the panel, that is, Justice Mjasiri and Mmila, gave nod to the death sentence in that it is appropriate punishment to murderers and that is the legal position in Tanzania. Advocate Mathias Rweyemamu, who had appeared for Kakobeka during hearing of the appeal, is the one who sparked the debate on the sentence. In one of grounds of appeal that he had advanced to challenge the death sentence, Mr Rweyemamu has this to say, "The High Court grossly erred in law to sentence the appellant with death by hanging, the sentence which is unconstitutional." He put up a spirited fight armed with Article 14 of the Constitution of the United Republic of Tanzania on the right to life. The advocate argued that the death sentence is unconstitutional, inhuman and uncultured. Mr Rweyemamu sailed through a number of authorities and scholastic articles on the constitutionality of the death penalty and its non-reversibility once carried out. However, in response to the line of arguments advanced by the defence counsel, the 2 justices of the appeals court were compelled to agree with the prosecution that the law is settled as per section 197 of the Penal Code that whoever is convicted of murder shall be sentenced to death by hanging. They referred to the case of Mbushuu, alias Dominic Mnyaroge and anther V. Republic (1995) TLR 97 where it was held, "Though the death penalty as provided by section 197 of the Penal Code offends Article 13 (6) (d) and (e) of the constitution.... "....it is not arbitrary, hence lawful law and it is reasonably necessary and it is thus saved by Article 30 (2) of the Constitution; the death penalty is therefore not unconstitutional." On a number of occasions in different cases, Justice Kileo has been giving dissenting judgments in respect of the applicability of section 197 of the Penal Code over imposition of death sentence to persons convicted of murder. She has been relying under Article 14 and 15 of the Constitution of the United Republic of Tanzania, 1977, on the right to live. Article 14 states, "Every person has the right to live and to the protection of his life by the society in accordance with the law, whereas Article 15 (1) stipulates, "Every person has the right to freedom and to live as a free person." When giving reasons to support her dissenting judgment on death sentence during determination of appeal lodged by Dominick Damian, a resident of Bukoba, Kagera Region, Justice Engela Kileo, was of the opinion that life sentence would be the proper punishment for murder convicts. She noted that the death penalty was inherently an inhuman and degrading punishment and it is also so in its execution, offending Article 13 (6) (d) and (e) of the Constitution of United Republic of Tanzania. Article 13 (6) (d) (e) of the Constitution reads, "To ensure equality before the law, the state authority shall make procedures which are appropriate or which take into account the following principles, namely: "(d) for the purposes of preserving the right or equality of human beings, human dignity shall be protected in all activities pertaining to criminal investigations and process, and in any other matters for which a person is restrained, or in the execution of a sentence;" (e) no person shall be subjected to torture or inhuman or degrading punishment or treatment." According to her, death was one penalty which makes error irreversible and that chance of error was inescapable when based on human judgment. She said that death penalty is the premeditated and cold-blooded killing of a human being by the state. In Tanzania, she said, "we cannot boast to have a perfect investigation, prosecution and trial system. We may have condemned people to death who did not commit the crime." Justice Kileo further observed that such punishment violates the right to life as proclaimed in the Universal Declaration of Human Rights as well as the right to life which is protected in the country's Constitution. "I am of the humble view also that since we do not give life, then we have no right to take it, no matter what the other person has done. It is only God who gives life and it is Him alone who should take it," she concluded. There are circumstances where life sentence or detainment under the President's pleasure could be provided in lieu of death sentence in terms of section 26 of the Penal Code. Part of section 26 (1) states that if a woman convicted of offence punishable with death is alleged to be pregnant, the court shall inquire into the fact and if it is proved to satisfaction of court that she is pregnant the sentence to be passed on her shall be imprisonment for life instead of a sentence of death. While (2) states that the sentence of death shall not be pronounced on or recorded against any person who at the time of the commission of the offence was under 18 years of age, but in lieu of the sentence of death, the court shall sentence that person to be detained during the President's pleasure. (source: The Daily News) From rhalperi at smu.edu Wed Mar 30 12:15:15 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 30 Mar 2016 12:15:15 -0500 Subject: [Deathpenalty] death penalty news----TEXAS Message-ID: March 30 TEXAS----stay of impending execution Execution stay issued for John Battaglia, Dallas man who murdered his 'little babies' The former Dallas accountant scheduled to be put to death Wednesday for murdering his young daughters in 2001 has been issued a last-minute stay of execution. The Fifth Circuit Court of Appeals on Wednesday granted John Battaglia a reprieve so his attorney can pursue claims that he should be spared because of mental health problems. Battaglia shot and killed his daughters, 9-year-old Faith and 6-year-old Liberty, on May 2, 2001, in an act of vengeance against his ex-wife, who had been trying to have him arrested for violating his domestic violence probation. He arranged for his ex, the girls' mother, to listen on the phone as he shot them. "No, Daddy! Don't do it!" the older girl pleaded before she died. Afterward, Battaglia headed to a nearby tattoo parlor to have 2 red roses etched into his arm - in memory, he said, of his little girls. At his capital murder trial, defense psychiatrists testified that Battaglia suffered from bipolar disorder. An adult daughter from his first marriage later said he was also diagnosed with narcissistic personality disorder, characterized by manipulative behavior, a hyperinflated sense of self-importance and a lack of empathy. Now 60 years old, Battaglia has been on death row for 14 years. His latest attorney, Gregory Gardner, argued in appeals paperwork that his client was incompetent to be executed. The appeals court ruled that Battaglia previously "lacked counsel to prepare his claim of incompetency" and issued a stay to give Gardner time to pursue his case. The state could still challenge the court's opinion ahead of Battaglia's scheduled execution, which was set for shortly after 6 p.m. A spokeswoman for the Texas Attorney General's Office said she could not say whether the office planned to appeal. In a 2014 interview with The Dallas Morning News, Battaglia said he was "a little bit in the blank" about what happened to Faith and Liberty: "I don't feel like I killed them." He also said he didn't worry about being put to death because "this isn't a permanent place." He called his daughters his "best little friends," just the "nicest little kids" imaginable, and said he doesn't grieve for his daughters because they remain with him. "Why would I worry about where they are now?" he asked. "We're all here, we're all gone at the same time. I'm not worried about it." (source: Dallas Morning News) From rhalperi at smu.edu Wed Mar 30 13:23:41 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 30 Mar 2016 13:23:41 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, FLA. Message-ID: March 30 TEXAS----stay of impending execution Father who killed daughters given death penalty reprieve A federal appeals court Wednesday stopped the scheduled lethal injection of a former accountant hours before he was to be executed for gunning down his 2 young daughters in Dallas 15 years ago while his ex-wife -- their mother -- was listening helplessly on the phone. Attorneys for John David Battaglia argued he deserved a court-appointed attorney to investigate claims that he may be mentally incompetent for execution, and that a hearing should be held on those assertions. The 5th U.S. Circuit Court of Appeals agreed, halting the punishment about 7 hours before Battaglia, 60, was scheduled to be taken to the Texas death chamber. The U.S. Supreme Court has ruled that a prisoner can be executed if he's aware that the death penalty is set to be carried out and understands why he's facing the ultimate sentence. The appeals court said Battaglia "has presented some evidence of mental illness and delusions," although it was not clear if he was incompetent. "His newly appointed counsel may locate and produce more (evidence)," the 3-judge appellate court based in New Orleans panel said in a 10-page ruling halting the execution. The state of Texas said it had no plans to appeal. Battaglia was convicted of killing his daughters, Faith, 9, and Liberty, 6. Authorities said the slayings were revenge for their mother's complaints to Battaglia's parole officer that led to a warrant for his arrest. Evidence showed that at the time of the shootings, Battaglia was on probation for a Christmas 1999 attack on his estranged wife Mary Jean Pearle, the girls' mother. Their divorce was finalized the following August. Around Easter 2001, Battaglia called Pearle, swearing at her and calling her names, a violation of his probation. She reported the incident to his probation officer and Battaglia learned on May 2, 2001, that an arrest warrant had been issued. That evening, Pearle left their daughters with him for a planned dinner. She soon received a message that one of the girls had called for her. Pearle returned the call and Battaglia put her on speakerphone, telling Faith to ask her mother: "Why do you want Daddy to go to jail?" Pearle heard the child cry out: "No, Daddy, please don't, don't do it." Pearle yelled into the phone for the girls to run and heard gunshots, followed by Battaglia telling her: "Merry ... Christmas," the words divided by an obscenity. After hearing more gunfire, Pearle hung up and called 911. Evidence showed Faith was shot 3 times, Liberty 5. A semiautomatic pistol found near the kitchen door was among more than a dozen firearms recovered from Battaglia's apartment. Hours later, Battaglia was arrested leaving a tattoo shop where he had 2 large red roses inked on his left arm to commemorate his daughters. 9 convicted killers have been executed in the U.S. this year, 5 in Texas. Another Texas inmate is set to die next week. (source: Associated Press) ********************* Executions under Greg Abbott, Jan. 21, 2015-present----18 Executions in Texas: Dec. 7, 1982----present-----536 Abbott#--------scheduled execution date-----name------------Tx. # 19---------April 6------------------Pablo Vasquez---------537 20---------May 11-------------------Terry Edwards---------538 21---------June 2-------------------Charles Flores--------539 22---------June 21------------------Robert Roberson-------540 23---------July 14------------------Perry Williams--------541 24---------July 27------------------Rolando Ruiz----------542 25---------August 23----------------Robert Pruett---------543 (sources: TDCJ & Rick Halperin) FLORIDA: Prosecutors want death for Cocoa man who buried woman alive Jury selection is underway for the trial of a Cocoa man charged with kidnapping a Bahamian woman and burying her alive in concrete a decade ago. Prosecutors are seeking the death penalty for 37-year-old Vahtiece Alfonzo Kirkman, who is already serving a life sentence in state prison for his role in the 2006 robbery-related shooting death of 29-year-old Willie Parker in Cocoa. Prosecutors say Kirkman learned that the victim in the latest case - 22-year-old Darice Knowles - had gone out on a date with a Cocoa police officer after Parker's slaying and suspected she was giving the officer information about his involvement. Kirkman then hatched a plan to kidnap and kill Knowles, with help from her boyfriend, Christopher Pratt. The trial - the 2nd murder conviction case the state has pursued against Kirkman - is being held at the Moore Justice Center in Viera and is expected to last 2 weeks. Jurors will hear from several witnesses who will detail how Knowles traveled from her home in the Bahamas to visit friends in Cocoa. She was staying with Pratt when she went missing a short time later in March 2006, authorities said. Family members tried desperately to contact Knowles for several weeks after she failed to return the islands. Knowles had participated in the Miss Bahamas Universe contest in 2004, smiling and posing playfully with a dolphin in photos later posted on social media by family members. The case went cold until police received a break in July 2010. Pratt, who offered to testify against his former friend and cohort, pled guilty to Knowles' killing and led detectives to a thickly-wooded site off of State Road 524 where the Bahamian student was taken, duct-taped and then covered with concrete while she was still alive, prosecutors said. Police said that before the burial, Kirkman beat Darice and tied her up in the back seat of a gold Dodge van while he asked friends to give him a ride to a home improvement store to buy a shovel, pre-mixed concrete and duct tape, reports show. That van, a rental leased out to Pratt, was later set on fire and abandoned. Pratt later told friends that he took Knowles back to Orlando International Airport to go back to the Bahamas and that she had cheated on him with a Cocoa police officer. Police said the pair had actually taken Knowles to the woods, placed her in a home and covered her in lime and concrete. They then carried out the burial. Later, acting on a tip from a cellmate who knew Pratt, Cocoa detectives spent several days carefully going through the brush along State Road 524, just west of Cox Road. "We're hopeful that we will find something. So far we have cleared away a full acre of land and are moving into another parcel,' then police spokeswoman Barbara Matthews told FLORIDA TODAY. Police cleared away more than an acre of land, using city work crews and heavy equipment to search for what would turn out to be Knowles' body entombed in 4 foot-deep hole packed with concrete and dirt. Detectives first found a lump of soft concrete in a patch of overgrown brush and then two small bones at what later was determined to be the site where Knowles' remains were cast in concrete. Forensic investigators carefully removed over 1,600 cubic feet of dirt from the site and had an anthropologist examine Knowles' remains to determine just how long she had been buried. Kirkman is being held at the Brevard County Jail Complex for the duration of the trial. (source: floridatoday.com) From rhalperi at smu.edu Wed Mar 30 13:24:43 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Wed, 30 Mar 2016 13:24:43 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 30 PAKISTAN: Muslim mob demands death penalty for blasphemy This report from Al-Jazeera is clear as a bell as to what millions of Muslims in Pakistan want: Death to blasphemers of Islam. Note what the Islamic religious leader interviewed made clear. No one who will not support killing those who criticize Islam or its iconic figures can live without fear of being killed, even by their own guards or state security. That they want the man who murdered the state governor who acted on behalf of a Christian woman to at least commute her death sentence for blasphemy, be declared a national hero. The killer of the Governor was hanged by Pakistan on February 29th this year. They want the woman to be re-arrested and executed. Not retried, but executed after arrest. (No due process for those accused of blasphemy of Islam, and certainly not for Christians.) All people currently in jail for blasphemy of Islam charges to be executed. "People from within your ranks will kill you. Your bodyguard will kill you.Your servants will kill you..." And this is how sharia works. Not by legislation, but by terror, intimidation, murder and subversion of the process of law and order. (source: therebel.media) INDIA: Mumbai blast verdict: Muzammil, Nachan plead for leniency A day after a special court convicted 10 out of 13 on trial but only 1 Muzammil Ansari for an active role in the conspiracy for causing 3 blasts between December 2002 and March 2003 at Mumbai Central, Vile Parle and Mulund, he and all the others on Wednesday pleaded for leniency on the quantum of sentence, which the court has to now decide. The court had held four others guilty for abetting the blasts conspiracy and acts of terror, three only for terrorist act by virtue of possessing unauthorised weapons in prohibited areas under Prevention of Terrorism Act (Pota) and also under Arms Act while holding 3 others guilty only for arms possession as a lesser offence under the Arms Act and completely acquitted 3 others of all charges. Between all 13, the court had framed 166 charges, most against Muzzammil. He had 43 charges framed against him for offences under various for having caused all the three blasts, as a planter. There were 29 charges common to almost all for having conspired in May 2001, prepared and committed terrorist acts "with an intention to threaten the unity, integrity and sovereignity of Indi and strike terror'' among people, by eventually executing the blasts, that killed 12 persons and left over 130 injured, most with hearing losses. Saquib Nachan, a 56 year old resident of Borivli Village, Padgah in Thane district near Mumbai, was the first to start and most articulate. He along with Ateef Mulla and Haseeb Mulla was held guilty of possession of arms under Pota and Arms Act, attracting maximum life sentence. But he deftly pointed out to an attentive special judge P R Deshmukh that the law allows the court a "power to impose even a sentence of a few hours or a day, or even just fine and no imprisonment, as it sets no minimum term''. The reason he said was because the earlier, repealed anti terror act of Terrorist and Disruptive Activities (Prevention) Act (Tada) had a similar but a draconian provision that laid down a minimum 5 year sentence, which was misused by authorities. He started at 12.30 pm and said "I had myself surrendered on April 10, 2003 pursuant to moving the Bombay high court. I also sought a CBI probe. Which foolish accused would seek a CBI probe against himself?'' "I have completed 7 years 9 months in jail in this case before getting bail in 2011. My father, a well regarded man had asked me to surrender after asking me if I had done anything wrong. I said I Hadnt. He had immense faith in the judiciary. He died last month. My sons were called sons of a terrorist. My daughter was one year old when I was arrested, my sons in school. Now I am a grandfather.'' "My father was a prominent leader not only among Muslims but for all the communities in Padgah. He ran institutions for uplifting the people. But the terror tag caused his prominence to suffer too." Nachan also said that his sons' education took a hit. "The emotional loss is irreversible." Nachan said, "I have not been found guilty of any other charge including the charge of causing terror, for which I am grateful to this court. I advised other accused to view this judgment in positive angle.'' Ateef Mulla, a fair 40 year old MBA from Padgah spoke next. He spoke softly of how he has "no criminal antecedants'' and never once violated any of the strict bail conditions in the last ten years after being released in 2005, the first to be given bail in this case. But even the judge's voice softened later when Ateef spoke of how his "youngest, 2 year old son is suffering from a Beta Thallesemia syndrome and underwent a bone marrow transplant in a Pune hospital which has cautioned extreme care for years as his life could be at risk.'' "I have to take my son to hospital every 15 days. My father too is a cancer survivor who the doctors had given up on.'' His father, Nasir Mulla who has been attending almost every hearing, sat in court, listening, his brows furrowed. The rest of the 10, followed, each speaking in low tones, pleading for minimum possible sentence. Haseeb Mulla and most others said their family depend on them, many had no jobs and the trial had cost their business and had no crime record. Anwar Khan, held guilty only under Arms Act has already completed the maximum sentence permissible in law. But he said he be awarded the minimum sentence as he had lost his job at NDA, Pune as a Urdu teacher. He later said that he has authored a book "learn Urdu in 30 days' while in jail in 2009 which many educational institutions including the defence are now using, he said. Farhaan Khot who face life sentence said, "I lost my father and now I have to take care of my mother. I have a wife and three kids to also look after. My financial condition is very weak. My family had suffered a lot. I seek the minimum sentence.'' Muzammil Ansari, who faces maximum death penalty, was the last to go, post lunch break. His voice, at a pitch where hearing was impossible two chairs away, said he was a mechanical engineer and the ''charges against me are false''. He expressed remorse and said "award me minimum sentence to what I have undergone.'' He has been inside prison for 13 years. He also sought "interim bail to spend time with family.'' He said his financial condition was bad and he could not afford a lawyer for bail earlier. "But I have been good inside jail, I helped other inmates write letters to the jail superintendent about their health issues.'' He himself has suffered a health issue while in custody after being "tortured by police while in custody.'' "It was my most difficult period. I am the only earning member as my father a heart patient cannot work now.'' (source: The Times of India) BAHAMAS: 2 Guilty Of Killing Officer And Girlfriend 2 men who were unanimously convicted by a jury last night of their alleged roles in the disappearances and murders of a Department of Immigration officer and his girlfriend in Andros could be sentenced to death upon their return to the Supreme Court for sentencing. After more than 6 hours of deliberation, which included the 12-member panel's return to Justice Indra Charles' courtroom for additional directions on a criminal joint enterprise, Zintworn Duncombe, 28, and James Johnson, 22, were found guilty of murdering Shane Gardiner and his girlfriend Tishka Braynen. The victims' decomposed bodies were found in Andros, some 266 feet apart, in December 2013. While the jury returned not guilty verdicts for alleged murder accomplices Daniel Coakley, 28, and Cordero Saunders, 26, all 4 men were unanimously convicted of double kidnapping, conspiracy to commit armed robbery and attempted armed robbery. Crown prosecutors Darnell Dorsett and Patrick Sweeting informed the judge that the prosecution was seeking to have the death penalty imposed on Duncombe and Johnson, which would require the production of a psychiatric report and social inquiry report prior to sentencing scheduled for May 29. Gardiner and Braynen were allegedly killed after a failed plot to take $8,000 in gambling winnings from the immigration officer. Braynen, of Cargill Creek, and Gardiner, who lived in Love Hill, both in Central Andros, were reported missing around 1.45pm on November 24, 2013. Gardiner had recently been assigned to the island. On December 21, 2013, police in Andros discovered the remains of a man with "items related to a female". Duncombe, Saunders, Johnson and Coakley, who all denied the allegations, were respectively represented by lawyers Ian Cargill, Moses Bain, Donna Major and Terrel Butler. (source: tribune242.com) SAUDI ARABIA----executions Saudi executes 2 citizens for murder Saudi Arabia executed 2 citizens convicted of murder on Wednesday, raising to 81 the number of death sentences carried out in the ultra-conservative kingdom this year. Dhafer and Hussein al-Mutliq were found guilty of killing fellow Saudis Azeb and Mahdi al-Moamer in a dispute between the 2 families, the interior ministry said. They were both executed in Najran, in the south, a ministry statement carried by the official SPA news agency said. Most people put to death in Saudi Arabia are beheaded with a sword. In 2015, Saudi Arabia executed 153 people, most of them for drug trafficking or murder, according to an AFP count. Saudi Arabia says 47 executed on terror charges, including top Shia cleric Human rights group Amnesty International says the number of executions in Saudi Arabia last year was the highest for 2 decades. The kingdom is one of the world's top executioners, although its tally in 2015 was far behind those of China and Iran. Saudi Arabia has a strict Islamic legal code under which murder, drug trafficking, armed robbery, rape and apostasy are all punishable by death. (source: Agence France-Presse) BELARUS: Statement by the Spokesperson on the confirmation of a death sentence in Belarus "The Supreme Court of Belarus on 29 March confirmed the death sentence against Ivan Kulesh, which had already been handed down by the Hrodna Regional Court in November 2015. Mr Kulesh is guilty of serious crimes and we reiterate our deepest sympathy to the family and friends of the victims of these crimes. Despite the seriousness of the acts, the European Union opposes capital punishment in all cases. It has proved to fail as a deterrent and it represents an unacceptable denial of human dignity and integrity. We urge Belarus, the only country in Europe which still applies capital punishment, to respect the right to life of each one of its citizens and to join a global moratorium on the death penalty as a first step towards its abolition." (source: eeas.europa.eu) From rhalperi at smu.edu Thu Mar 31 11:36:52 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 31 Mar 2016 11:36:52 -0500 Subject: [Deathpenalty] death penalty news----TEXAS, PENN., S.C., FA., FLA. Message-ID: March 31 TEXAS: How a death row inmate who's been in prison since he was 15 finds meaning in daily life When most of the 242 death row inmates living at the Allan B. Polunsky prison look out their tiny, barred windows, they see razor wire, brick buildings, and death. But Robert Pruett, who's scheduled to be executed in 146 days, has a different outlook on the bleak vista. "Perspective is everything," he told me earlier this month. "I don't look out the window and see all that. I look out and see those trees over there or the sun or the clouds, you know, or the birds or the little spider." "There's beauty in everything I experience," he said. "I just try to stay present." For the past 16 years, Pruett, 36, has been living in a form of solitary confinement on Texas death row. He was convicted of murdering Texas prison guard Daniel Nagle in 1999. Pruett says he didn't kill Nagle, and has maintained his innocence throughout his time in prison. And there's no physical evidence that ties Pruett to the killing - only witness testimony from other inmates. Now his lawyers are rushing to get new DNA testing approved on evidence that they hope can prove his innocence. It's a race against time: His execution is scheduled for Aug. 23. In less than 5 months, he could become another name on the long list of inmates killed by the state of Texas, which has executed 536 people in the last 40 years, more than the next top 6 states combined. The Polunsky unit is made up of squat, gray concrete buildings that look like ugly barges floating in a sea of barbed wire fencing. Guards on horses roam a grassy perimeter while others with sniper rifles watch from towers above. On the sunny Wednesday afternoon that I visited him, the prison's entrance was busy, with a stream of back-slapping guards and packages going in and out. One officer sliced open a stack of Amazon Prime parcels with a boxcutter. (Inmates can receive books.) A series of mechanized doors and fenced-in walkways stand between the prisoners who live here and freedom. One door has the sign "No hostages will exit here," in English and Spanish. Inside the grim visiting room, inmates squeeze into little metal booths to meet their guests. Thick glass separates them at all times - Pruett hasn't been allowed to touch any of his family members or loved ones for 15 years. "Especially when they're going to kill you, you'd think they'd let you hug your mom," he said. "They're not going to let you do that." He has close-cropped hair, a slight build, and a small goatee and beard. Tattoos snake up his forearms, into his white prison uniform, which is tied in the front. He speaks in a calm, easy-going manner, like someone who has thought a lot about his past and is used to telling strangers about it. "I sometimes think that maybe if they do execute me and later it's revealed that I'm not the person who did it by some physical evidence being discovered ... maybe that's what would end the death penalty," he said. "I'm hoping I'm not going to be that guy." Pruett grew up poor on the ragged edges of the Houston sprawl, living with his family in a trailer park in the suburb of Channel View. His father, Howard, was in and out of prison, and Pruett started using drugs at a young age. When Pruett was 15, his father stabbed and killed their next-door neighbor. Prosecutors said the younger Pruett, who had gotten in a fistfight with the neighbor earlier that night, was an accessory to murder. His father got life in prison; Pruett got 99 years. He was charged as an adult. As a 15-year-old kid living in the general population of the McConnell Unit in Beeville, Texas, which had a reputation for being one of the most dangerous institutions in the state, he had to fight to protect himself. He remembers seeing inmates stabbed. "It was like a war zone in a lot of ways," he said. "I think that there's a better way to help kids grow up than throwing them in prison when they're 15 years old." I believe we're all energy - it's in a constant state of transformation - and to me, death, it's not the end of that process. - Robert Pruett Pruett's life changed again on Dec. 17, 1999, when corrections officer Daniel Nagle was found lying in his own blood in a prison office, stabbed to death with a metal shank. There was no security camera footage, and because the prison was severely understaffed, he was working alone at the time. But on top of Nagle's body was a ripped-up discipline report naming Pruett. Earlier that day, Nagle had given Pruett a violation for eating a peanut butter sandwich in the prison hallway. A few hours after the murder, with the prison on lockdown, officers moved Pruett into special custody and told him he was being charged with murder. "I did have trouble with the guy, we had a confrontation, but it was minor," Pruett said. According to him, he was nowhere close to the room where Nagle was killed. No physical or DNA evidence was found that tied Pruett to the murder. None of his DNA or blood was found on Nagle, and none of Nagle's blood or DNA was found on Pruett. The only physical evidence was a cut on Pruett's hand that could have come from the shank; Pruett says he got it in a weightlifting accident that day. At trial, prosecutors presented a series of inmates who claimed they saw Pruett commit the murder, some of whom offered conflicting testimony. All of them received early parole or reduced sentences in exchange for their testimony. The defense theory is that Nagle was planning to reveal that prison guards were laundering drug money for inmates, and that someone involved in the scheme murdered him to silence him. A month after Nagle's death, 4 guards at the prison were charged with felony bribery for the money laundering. But a jury didn't buy it, and Pruett was convicted of capital murder in April 2002. At the time, DNA testing was far less advanced. In appeals and motions over the last 15 years, Pruett's lawyers have been arguing for all the evidence to be re-tested using the latest standards. New testing conducted last year discovered DNA from an unknown person on the shank handle. The state says it was likely placed there sometime in the last 17 years: Surprisingly, the murder weapon has been sitting in a box in the county clerk's office, and reporters for local TV news stations have been able to pick it up and handle it. Pruett's lawyer, Jeff Newberry, at work at the Texas Innocence Network, which represents clients who claim they're innocent and others facing execution. First, the defense team wants to test the guard's clothes from the day of the murder, which they believe might contain skin cells from the killer. Pruett's DNA was not found on the clothes. The trial court judge denied the defense team's request; the team has appealed. Pruett's lawyers have also turned to the evidence tag taped to the handle of the shank. On the sticky underside of that tag, DNA from the murderer's skin cells is likely to be preserved. "That is the only area that is beyond dispute that hasn't been tested, and that wouldn't have been contaminated," said Jeff Newberry, Pruett's lawyer with the Texas Innocence Network, who has been working on the case for the past 5 years. "That is what we're down to." That's the absurdity of the death penalty: Whether this man lives or dies could come down to the sticky side of a 2-inch evidence tag. I asked Pruett how it felt to have his life in the hands of a judge. "I would just hope they stay open and not lose their sense of humanity," he said. "Sometimes I think they see so many cases, they hear so many, that they just become desensitized to everything. There's real issues that could help exonerate me, that could show I didn't kill that man, and I'd just hope that they would look at that." For the past 16 years, Pruett has lived in a form of solitary confinement. It's just him in the cell, 23 hours a day, but he can still talk with inmates in neighboring cells. He gets a single daily hour or recreation, in an open-ceilinged yard where inmates can run around and shoot baskets. Once, Pruett helped organize a competition among inmates that they called "Death Row Idol," in which they sang songs or told jokes or read poetry. The least talented would be "voted off the gurney." Making friends can be painful, though. "They've killed almost 300 people since I've been here, a lot of them I grew close to, got to love and know," he said. Pruett spends hours reading, writing, and listening to music, sports, or the news on his radio. He sends letters back and forth with pen pals from around the world, as well as family members. He likes books about physics, religion, philosophy, and poetry. So far, he has read religious texts from Buddhism, Hinduism, Christianity, Judaism, and Islam. He's fascinated by the connections he sees between the science and the mysticism. "When you start reading about quantum physics, it's like some of the stuff they're talking about is right here in my Bhagavad Gita," he said. Even though he's locked away, Pruett is surprisingly connected to what's going on in the world outside. He listens to NPR, and pays close attention to politics. "I just can't believe that America would elect Donald Trump, I just don't think we want that guy," he said. "If we do, then we ain't gotta worry about the death penalty, there might be some nuclear penalties." The recent death of Supreme Court Justice Antonin Scalia was big news among his fellow death row inmates. Many are hoping that with a more liberal justice on the bench, the court might declare the death penalty unconstitutional, or at least give a more critical eye to how it is enforced. Last year, Justices Stephen Breyer and Ruth Bader Ginsburg said in a dissent that they believe it is "highly likely" that the death penalty violates the Eighth Amendment ban on cruel and unusual punishment. "When we heard Scalia had passed, a lot of my friends and a lot of the people on death row, their initial reaction was excitement," Pruett said. "But I felt a little bad about that, and immediately I was like, I shouldn't be excited, a man just died and he has a family. Even though he was not a very nice man." The politics of the court aren't abstract to Pruett. In fact, Scalia's last act as justice was to allow the execution of Gustavo Garcia, a fellow inmate at Polunsky - and a good friend of Pruett's. In his time on death row, Pruett has been scheduled to die 5 separate times. Each time, his execution was set and then postponed, either for procedural reasons or because of orders by judges. The most dramatic was on April 28, 2015, when he came within hours of being put to death. After a morning of last visits with friends and family, officers loaded Pruett into the windowless "death van" and drove him to the nearby town of Huntsville, where all Texas executions take place. He was allowed to meet with spiritual counselors and eat a last meal. "It was just 10 feet between me and the death chamber," he said. With 2 1/2 hours to go before the execution hour of 6 p.m., Pruett got a call from Newberry and his legal team. A judge had ordered that the execution be postponed to allow new DNA testing on all of the evidence in the case. "I wanted to be the first to tell you, today is not the day you're going to be executed," Newberry told him, as other lawyers cheered in the background. "I smiled a little bit," Pruett recalled with a grin. If death row inmates do get legal relief, it's not unusual for it to come at the last minute. In a way, the suspense is itself an agonizing form of punishment. "That day was the greatest challenge of my life, just to try to stay centered," he said. "I think everything that I've learned before sort of built me up for that day." Throughout our discussion, I couldn't help but wonder how Pruett managed to stay sane. Going into prison at age 15, living in a dangerous environment, and then spending the next 16 years in solitary confinement - and he still seems even-tempered and well-adjusted. He stresses that he's been able to keep himself together by learning to be present. "99 % of the people back here, they're living with the pain of their past, or they're worried about what's going to happen next," he said. "I try to stay now, in the moment, and it really works for me." Part of that comes from his study of religion and quantum physics. He thinks about the idea of parallel universes, about how maybe, in another universe, there's a Robert Pruett whose dad never committed murder, who never ended up in prison, who is out there traveling the world. But for someone who's spent half his life behind bars - who hasn't tasted freedom for 20 years - well, that's not easy. Lately, he's been thinking more about reincarnation. "I believe we're all energy - it's in a constant state of transformation - and to me, death, it's not the end of that process," he said. In another life, "I might be a golden eagle or something, that's what I'm hoping for." Of course, he would rather be free. If he gets out someday, he said, he would want to be a counselor, helping kids in the prison system. But he's not focused on that future. When he knows his days are numbered, each second is worth much more. Now that he's within months of his execution date, he's learned the value of being alive. "Everything that's happened to me since I was a kid, it's helped me get to a place where I can learn to love and appreciate life more," he said. Especially valuable are those rare chances he has to connect with nature: When he can watch the birds soar past his window. Or walk out into the recreation yard and breathe fresh air, feel a little rain on his face. Or, even better, when he gets to see the stars. Usually, the huge stadium lights that are focused on the prison drown the night. But one evening a couple weeks ago was an exception. "The other night I was in the rec yard, and the lights were broken in there," he said. "It was pitch black dark, so I was able to see the stars for a minute. I could see Orion's belt and his shoulder. It was crazy." For a few minutes, he and another prisoner in the yard lay on the hard ground, staring up, letting their eyes slowly adjust to the darkness. He didn't think about his past, or about his future. Instead, he let himself be filled with the beauty of the night sky. "The other guy, he wanted to talk," Pruett remembered, a wistful smile on his face. "I said hey, a moment of silence. Let's enjoy this. This ain't every day." (source: fusion.net) ****************** Rogers man indicted on capital murder charge in baby's death A 27-year-old Rogers man was indicted today by a Bell County grand jury on a capital murder charge in connection with the July 26, 2015, death of an 11-month-old girl. Jeffrey Johnson faces capital murder in the death of 11-month-old Hannah Rose Davis. Bell County District Attorney Henry Garza said no determination has been made on whether his office will seek the death penalty against Johnson. It was the 2nd indictment for Johnson in connection with Hannah's death. He was previously indicted for the alleged aggravated sexual assault of a child less than 6 years old. (source: Temple Daily Telegram) *********** Death Watch: Too Mentally Ill to Die?----Should the bar on executing mentally retarded offenders be extended to the mentally ill? Pablo Lucio Vasquez goes to the gurney Wednesday, April 6, for the 1998 murder of 12-year-old David Cardenas. On April 18 in the border town of Donna, Texas, 20-year-old Vasquez was walking home from a party with his cousin Andy Chapa and Cardenas when Vasquez picked up a pipe and hit Cardenas over the head, then cut his throat. Vasquez and Chapa took Cardenas' body to a field, where they scalped, dismembered, and further mutilated it. The child's body was found under a pile of aluminum panels. During a videotaped confession, Vasquez admitted to consuming blood from Cardenas' wounds. He also told police he was drunk and high on cocaine when he killed Cardenas, and that "the devil was telling me to take [Cardenas' head] away from him." A ring and necklace taken from the victim were used as evidence to argue that the killing took place during a robbery, grounds for a capital murder charge. After being sentenced to death, Vasquez filed a petition for a writ of habeas corpus, arguing that he was both mentally retarded and mentally ill, and therefore incompetent to be executed. Federal Judge Ricardo H. Hinojosa denied the petition in 2014. On Jan. 21 of this year, 6 weeks after a Hidalgo County judge issued Vasquez's death warrant, his attorney James Keegan filed a series of motions in a Hidalgo County court seeking a stay of execution to allow the court to consider whether killing Vasquez would violate the Eighth Amendment. Denied there, Keegan presented U.S. District Court Judge Randy Crane with the same argument on March 16. The crux of the claim is that Atkins v. Virginia, the Supreme Court case barring the execution of the mentally retarded, should be extended to prevent the death penalty for the mentally ill. "Vasquez is competent to be executed, and is not herein arguing to the contrary," Keegan wrote in the federal filing. "He understands he is scheduled for execution, and he knows why. However, he is mentally ill - seriously mentally ill." In her March 22 report and recommendation to the district court, U.S. Magistrate Judge Dorina Ramos recommended that Vasquez's claims should be denied for failing to make the argument that Vasquez is in fact so mentally ill as to be unaware of his punishment and pending fate, a key tenet of any Atkins claim. "While there is substantial case law holding that a person who is incompetent to be executed may not be executed, Vasquez points to no case law holding that a person who is competent may not be executed because he is mentally ill," wrote Ramos. "The Fifth Circuit has repeatedly held that the Eighth Amendment does not bar the execution of a mentally ill but competent inmate." A ruling on the motion remained pending with Judge Crane as this story went to press. Vasquez, if his sentence is carried out, will be the 6th Texan executed this year, and the 536th since the state reinstated the death penalty in 1976. (source: Austin Chronicle) PENNSYLVANIA: Pennsylvania Supreme Court upholds death sentence for Indiana County man who killed 3 relatives The Pennsylvania Supreme Court has affirmed the death penalty for an Indiana County man convicted of 1st-degree murder in the shooting deaths of his mother, sister and aunt. A Westmoreland County jury in 2013 convicted Kevin Murphy, 55, of shooting Doris Murphy, 69; Kris Murphy, 43; and Edith Tietge, 81, at Ferguson Glass in Loyalhanna on April 23, 2009. The 3 women worked at the family business, which Kevin Murphy owned. Murphy used a .22-caliber revolver to shoot each of the women in the head because they disapproved of his romantic relationship with a married woman and his desire to have her live at the family home, police said. The jury imposed the death penalty for Doris Murphy's killing and imposed life sentences in the deaths of Kris Murphy and Tietge. In his appeal, Murphy argued prosecutors failed to prove he was the killer and the verdicts were against the weight of the evidence. In a 14-page opinion released Wednesday, 5 Supreme Court justices disagreed. "Viewed in its totality, we find, the Commonwealth presented sufficient evidence to enable a reasonable jury to find all elements of the crimes of 1st-degree murder beyond a reasonable doubt," they said in an opinion authored by Chief Justice Thomas Saylor. Jurors imposed the death penalty based on evidence Murphy "deliberately and maliciously" killed his relatives, according to the opinion, and prosecutors "plainly established ... aggravating circumstances found by the jury, given the multiple killings involved." In addition, the justices rejected Murphy's contention his statements to police should have been excluded from trial because he was under the influence of Valium he was given while undergoing medical treatment for a panic attack. Although a defense expert testified at a suppression hearing that the drug rendered Murphy incapable of making voluntary statements, the justices said numerous police officers described him as alert and coherent during the interview. Murphy failed to prove a third argument, the justices said, in which he said the death sentence should be commuted to life in prison without parole because most of the evidence against him was circumstantial. "Appellant has not developed his argument adequately for this court to contemplate granting the requested relief" Saylor wrote in the opinion. "He ... cites to no authority preventing or limiting the use of circumstantial evidence in any phase of capital proceedings, or otherwise requiring more or greater proof than that required to satisfy the 'beyond a reasonable doubt standard when circumstantial evidence is presented in any phase.'" Justices Max Baer, Debra Todd, Christine Donohue and Kevin M. Dougherty joined in the opinion. Justice David N. Wecht did not participate in the proceedings. ************** Allegheny County judge scolds prosecutors in double-murder case An Allegheny County judge denied prosecutors a slew of health, educational, psychological and juvenile records for a double-murder suspect, and he ordered investigators to return any evidence seized from the man's holding cell in the Allegheny County Jail. Investigators had asked another judge to sign a warrant allowing them to search the holding cell of Theodore Smedley, 20, of Troy Hill, a move that incensed Common Pleas Judge Joseph K. Williams III. "Why would you go to another judge on my case? Everything you took, return it to him," Williams said. "Anything in this case comes to me." Smedley is charged with fatally shooting Jamarow Trowery, 36, and Rashad Freeman, 18. District Attorney Stephen A. Zappala Jr. is seeking the death penalty. Smedley pleaded guilty in December to a separate slaying in 2014 in Troy Hill and was sentenced to 20 to 40 years in prison. Defense attorney J. Richard Narvin said Smedley's records weren't relevant to the homicides and would become relevant only if a jury convicts him of first-degree murder and has to decide whether he receives the death penalty. Assistant District Attorney Brian Catanzarite said those records would be useful to the district attorney's office so it would know whether to remove the death penalty from consideration. Prosecutors must decide at a formal arraignment, early in a case's progression through the court system, whether they will seek the death penalty. Williams denied the motion. Smedley's trial is scheduled to begin June 1. (source for both: triblive.com) *************** PA Photographer photoshopped images for woman facing death penalty Images of 2 year old and her mother have a lot of people outraged on the Internet. The photos show a woman with a child she allegedly beat to death appearing as an angel at her grave. Jeanie Kassandra Ditty, 23, and Zachary Earl Keefer, 32, both of Fayetteville, are charged with 1st-degree murder and negligent child abuse inflicting serious bodily injury, in the death of toddler Macey Ditty. Police say they were called when Macy Grace was taken to a hospital covered in bruises with life threatening injuries. She died on December 4, 2015. One month later, Ditty reached Pennsylvania photographer Sunny Jo and asked for images depicting little Macy Grace reading, walking and sitting with her daughter. Jo produces hundreds of similar requests for parents as part of his One More Time series. When he asked how the young girl died, Ditty said her daughter choked on a banana when she had a stomach ache. Jo confirmed with FOX 29 that Ditty showed him photos of Macy Grace she wanted to use. She then said she wanted a picture of them reading her favorite book, The Giving Tree, together. Jo said he could work with it, and started taking the pictures. After finishing the shoot, he decided not to charge Ditty because of the tragic circumstances. He later discovered the tragic circumstances as people shared the story on Facebook. Despite the backlash, the photographer says he doesn't have any regrets about doing the shoot. "The reason I am open and talking is because this girl was killed brutally and she doesn't have a voice. This whole thing is a tribute for Macy Grace," he told Daily Mail. Ditty, a soldier stationed at Fort Bragg, was arrested on the evening March 24 when the North Carolina Office of the Chief Medical Examiner ruled Macy Grace's death a homicide. Police later charged Keefer. The suspects were in a relationship, according to investigators. (source: WTXF news) SOUTH CAROLINA: In death sentence challenge, attorneys allege solicitor uses race in picking juries Hoping to stop the execution of a man who slashed, sodomized and strangled a James Island resident a decade ago, defense attorneys will argue that 9th Circuit Solicitor Scarlett Wilson eliminated potential jurors from the trial and from other cases she has prosecuted because they were black. Greenwood lawyer Charles Grose said he will unveil research showing a pattern of such conduct during Wilson's career when he requests a new trial for William O. Dickerson Jr., a black man convicted of murder, kidnapping and sexual assault. But Wilson said studies like Grose's tend to be faulty and are often frowned upon by courts. She deflected his findings as untrue and noted that judges have ruled in her favor when the issues arose during past trials. "I am extremely confident in my record for selecting juries and in working with people of all races, in every context," she said. "These types of allegations are common, if not routine, in death penalty litigation, and it's important to consider their source." Death penalty cases tend to bring out a no-holds-barred approach to lawyering. To exhaust all arguments before their clients can be executed, attorneys often examine racial factors in how jurors were chosen, experts said. Earlier in Dickerson's bid for post-conviction relief, Grose also aired allegations of misconduct and corruption against opposing attorneys from the state and a judge whose rulings didn't go his way. At one point, the judge admonished him for what he called baseless actions and labeled Grose as untrustworthy, documents stated. The latest accusations against Wilson come in a year when Charleston's top prosecutor faces 2 of the most significant murder trials in modern state history - both of which have racial connotations. In July, she will prosecute Dylann Roof, the white supremacist charged with killing 9 black parishioners at Emanuel AME Church. In October, she will seek a conviction against Michael Slager, the white North Charleston police officer who fatally shot Walter Scott, a black man. Grose said he would file the supporting research Thursday, the first of 2 days of hearings at the Richland County courthouse in Columbia. Judge G. Thomas Cooper will hear arguments from him and Senior Assistant Attorney General Melody Brown, who is fending off the challenge that seeks a new trial for Dickerson, 39. His 2009 trial determined that he kidnapped Gerard Roper in March 2006. He cut Roper 200 times, knocked out his teeth and sexually violated the man with 2 objects before strangling him. After he was convicted and sentenced to death at the jury's recommendation, a traditional appeal failed. His request for post-conviction relief that started in 2012 is 1 of his few remaining options. Thousands of pages of legal arguments, maneuvers and orders have accumulated in his file at the Charleston County courthouse. The allegation of racial discrimination during jury selection is just one argument Grose has used. He once asked for public funding to investigate it, but when Judge Edgar Dickson denied the money, Grose asked the jurist to recuse himself from the case. He based his motion on several grounds: that the judge and Wilson both grew up in Williamsburg County, that the judge's clerk and the Attorney General's Office conspired to craft court orders favorable to the state and that the judge sought to uphold Dickerson's verdict because it would bolster Wilson's re-election campaign. The judge called Grose unprofessional and antagonistic, and chalked up his courtroom arguments to bizarre theatrics. The judge, though, chose to recuse himself for his own reasons: that Grose's actions had left behind such a sour taste in his mouth. "Grose made false, misleading and slanderous accusations ... without any regard for truth," the judge wrote. "An attorney who willingly advances his cause using such methods cannot be trusted." Since then, Grose said he and attorney Elizabeth Franklin-Best have gathered transcripts and demographics of potential jurors in several of Wilson's past cases. They commissioned law professors to study them. Some black people did serve on Dickerson's jury, Grose said, but several were eliminated. "During Mr. Dickerson's trial, there was a motion made to question Solicitor Wilson's strikes of African-American jurors," Grose said. "We're going back and re-examining those reasons." Using what's called a peremptory strike, attorneys can remove a certain number of people from a jury pool without stating a reason. If racial discrimination is suspected as that reason, though, opposing attorneys can object. A 1986 U.S. Supreme Court ruling laid out those rules. In Dickerson's case, 23 of the 31 people who made it to voir dire, the question-and-answer procedure designed to elicit jurors' biases, were white. 8 were black. Wilson struck 1 white juror and 4 black jurors. But a judge found her reasons - the candidates' criminal records or unemployment histories - to be race-neutral. In that and other cases, Grose said in past court filings, the percentage of blacks eliminated by Wilson was much higher than it was for whites. He called the statistics "striking." The attorney also highlighted another case in which Wilson struck a potential juror who had dozed off and refused to swear an oath. But Wilson also noted that the juror had dreadlocks in his hair and subscribed to a Rastafarian lifestyle - comments that drew a defense lawyer's challenge. Wilson argued at the time, though, that white people can have dreadlocks and be Rastafarian, a belief popularized in Jamaica, just as black people can. In this week's hearings, Wilson said she is sure that the state's attorney will successfully highlight flaws in Grose's research. "I am confident that the court will uphold the many rulings of others who have already decided these issues in my favor," she said. ****************** Jurors can be stricken from pool for any reason other than race, sex Trial lawyers can use almost any reason to have a candidate removed from a jury pool - other than race or sex. University of South Carolina law professor Kenneth Gaines said murder cases in South Carolina allow for up to 5 jurors to be dismissed by the prosecution during jury selection and 10 by the defense. State statute dictates the number of "juror strikes" each attorney is allowed, which is determined by the seriousness of the crime and number of defendants, he said. In death sentence challenge, attorneys allege solicitor uses race in picking juries "There are peremptory strikes and then there are challenges," he said. "You can strike a juror for any reason other than race or sex. There are limited peremptory strikes. There's an unlimited number of challenges (an attorney can raise) for cause, which is an inability for the juror to be fair and impartial in the case. And they will be automatically excluded." A challenge can be raised for any reason other than race or gender, Gaines said, and does not have to be explained in court. Gaines said that if an attorney believes there is discrimination in dismissing jury candidates based on race or sex, the opponent can raise a "Batson motion," which triggers a hearing by the court. The Batson motion refers to the 1986 U.S. Supreme Court case Batson v. Kentucky, where the court ruled that jurors could not be eliminated based on race. The law has since been expanded to include sex. The motion typically is made during the jury selection process, but also can be addressed after sentencing, especially in a death penalty case, Gaines said. "Death penalty cases are always different," he said. "Attorneys can challenge certain things at any time when contesting a death penalty case." Death penalty cases are more complicated because jurors also must be "death penalty qualified," Gaines said. "A juror can't be completely opposed to the death penalty," he said. "They have to be able to tell the court that in the proper case, if the evidence so indicates, they could vote for the death penalty if necessary." (source for both: Post and Courier) GEORGIA----impending execution Parole Board delays decision Joshua Bishop clemency until Thursday The State Board of Pardons and Paroles decided late Wednesday afternoon it would take the night to consider the clemency petition of Joshua Bishop, who is scheduled to die by lethal injection at 7 p.m. Thursday. Earlier a judge in the county that is home to Georgia's death row has denied Bishop's appeal so now his lawyers are turning to the Georgia Supreme Court . The decision from a judge in Butts County, where the Georgia Diagnostic and Classification Prison is located, came as the State Board of Pardons and Paroles was hearing from those who want Bishop's lethal injection carried out as scheduled. By then, the board had already heard Bishop's advocates' pleas for mercy. Their arguments focused on his abusive childhood, his co-defendant's much lighter sentence and the faith in God that he found in prison The board has 3 options: commuted Bishop's sentence to life without parole, deny clemency or issue a 90-day stay so the 5 members will have more time to consider his petition. Whatever the board decides, said attorney Wilson DuBose, the 41-year-old Bishop is "at peace with his life." "He (Bishop) is quite conscious of what's going on around him," Wilson said, reflecting on his visit with Bishop on Tuesday at the prison near Jackson. "He is scared. But he is at peace." Bishop was sentenced to die for the Baldwin County murder of 35-year-old Leverett Morrison. On June 25, 1994, Bishop, Morrison and Mark Braxley spent the afternoon drinking at a bar and by evening they were smoking crack cocaine at Braxley's trailer. Morrison had fallen asleep when Bishop, then 19, and Braxley, 36, tried to get Morrison's car keys out of his pants pocket. Morrison woke and there was a struggle. It ended with the Bishop and Braxley beating Morrison with a curtain rod and later leaving his body between 2 dumpsters near Braxley???s trailer. Though he confessed to killing Morrison - and told police about another murder he committed 2 weeks earlier - Bishop still went to trial. Braxley, who also helped Bishop murder of Ricky Lee Wills 2 weeks before Morrison died, pleaded guilty to murder and avoided the death penalty. Braxley is serving a life sentence with the possibility of parole, and he is now eligible for clemency. "You've got 2 murders in a brutal fashion," said Stephen Bradley, the district attorney in the Ocmulgee Circuit which includes Baldwin County. Bishop's lawyers also focused on "the disparity of the sentences," claiming Braxley was the instigator. "This started with Bishop," said Putnam County Sheriff Howard Sills, who was with the Baldwin County Sheriff's Office when the murder occurred. But he added, "I think both of them need the death penalty." Wilson said several of the 14 witnesses who spoke on Bishop's behalf this morning detailed his troubled childhood. In his petition for clemency, the lawyers witnesses described Bishop's life with a mother who was addicted to drugs and alcohol and often homeless, years of beatings at the hands of his mother's boyfriends and Bishop's despair at not knowing who of 3 men was his father. Bradley, who was one of the 2 prosecutors who won the conviction against Bishop, said the Morrison's 3 adult children attended the meeting with the board and 2 of them spoke. (source: Atlanta Journal Constitution) ************** Georgia to execute man convicted in beating death Georgia is set to execute a death row inmate convicted of beating another man to death in 1994. Joshua Bishop is scheduled to die at 7 p.m. Thursday at the state prison in Jackson by injection of the barbiturate pentobarbital. The 41-year-old inmate was convicted in the June 1994 killing of Leverett Morrison in Milledgeville. Bishop, Morrison and Mark Braxley had been drinking and smoking crack on June 24, 1994. Prosecutors say Bishop tried to steal car keys from Morrison, who was sleeping, and he and Braxley beat Morrison to death when he woke up. Bishop and Braxley dumped Morrison's body between 2 trash bins and burned his Jeep. A jury sentenced Bishop to die after a trial in 1996. Braxley pleaded guilty and is serving a life sentence. (source: Associated Press) FLORIDA: Edward Zakrezewski nears 20th anniversary on Florida's death row 20 years ago today a jury decided by a 7-5 margin to recommend that Edward Zakrzewski die for the murders of his wife, Sylvia and 7-year-old son, Edward. The same jury also recommended that Zakrzewski receive a life sentence for killing his daughter, Sylvia, who was 5. He remains on death row to this day, despite, according to Florida Supreme Court documents, having exhausted all federal and state appeals available to him. "What is the purpose of the death penalty when you have a crime that heinous and horrible, the facts are clear who did it, and the person is still on death row 20 years later?" asked Okaloosa County Sheriff Larry Ashley, who had been with the Sheriff's Office for 4 years when the Zakrzewski crime occurred. "The death penalty is supposed to be a deterrent, but if justice is not certain and not swift, I'm not sure it's a deterrent," Ashley said. Zakrzewski killed his wife and children on June 9, 1994 inside the family home. He used a crowbar to bludgeon and strangle his wife, then called his children one after the other into a bathroom, where he hacked them to death with a new machete. He fled to a remote island in Hawaii after the triple homicide and hid out there for 4 months before being captured. Zakrezewski eventually confessed to his crimes. Young Anna was the last to die, and probably was killed after viewing the body of her brother. After the sentence, prosecuting attorney Bobby Elmore questioned the jury's decision not to recommend death in Anna's killing. "I'm confused why he got the most mercy for the homicide I considered the worst," Elmore told a reporter after the recommendations were announced. Circuit Judge G. Robert Barron overruled the jury on April 19, 1996 and sentenced Zakrzewski to death for all 3 of the murders. An Appeals Court affirmed Barron's decision. Zakrzewski has been on death row since his conviction and, according to a report filed in January by the clerk of the Florida Supreme Court, is 1 of 141 death row inmates who has exhausted state and federal appeals of their sentences. (source: nwfdailynews.com) From rhalperi at smu.edu Thu Mar 31 11:38:05 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 31 Mar 2016 11:38:05 -0500 Subject: [Deathpenalty] death penalty news----OHIO, ILL., OKLA., CALIF., WASH., USA Message-ID: March 31 OHIO: Michael Madison, accused serial killer in 3 East Cleveland deaths, to stand trial Monday Michael Madison, the East Cleveland man charged with murdering 3 women and mutilating their corpses, will go on trial starting Monday, nearly 3 years after he was charged with the crime. Madison was in court Wednesday at a final pretrial hearing in front of Cuyahoga Common Pleas Judge Nancy McDonnell. The judge decided that Madison may be referred to as a serial killer during the jury trial. Madison's attorneys, John Greene, Christine Julian and David Grant, had objected to use of the moniker in an October motion and told McDonnell they plan to file a rebuttal to the decision. "It is not a legal term, it is simply used for inflammatory purposes and it infringes on our clients right to a fair trial," Grant said. The trial is expected to last a month. If he is found guilty of the serial murders, Madison will face either life in prison without parole or the death penalty. Police found corpses of 3 women in Madison's garage in July, 2013. He was charged later that month on 14 counts, including aggravated murder and has remained in prison ever since on $6 million bond. The rotting bodies, wrapped in duct tape, belonged to 38-year-old Angela Deskins, 28-year-old Shetisha Sheeley and 18-year-old Shirellda Helen Terry. Procedural delays have since slowed Madison's case from going to trial, including a lengthy psychiatric evaluation and a failed motion in October to have a special prosecutor take over the case from Cuyahoga County Prosecutor Timothy McGinty. At pretrial Wednesday, McGinty and defense attorneys argued over language in questionnaires that will be distributed to jurors, specifically the wording of a question about whether or not jurors are opposed to the death penalty or are willing to acquit someone for murder in some circumstances. A pool of 75 jurors will be pulled Monday morning and seated in McDonnell's courtroom. It is expected to take at least 1 week to select 12 jurors and 2 alternates. (source: cleveland.com) ILLINOIS: Bring back the death penalty To the Editor: I think George Ryan made a mistake doing away with the death penalty. 50 years ago, my mom's cousin got robbed and killed in Chicago. For what? A paycheck for $100. The 2 who did it got life in prison. It's sad that is still going on. My friend lost his son and his (son's) girlfriend to "an animal," in my words. They were beaten to death. They didn't deserve that. I'm sorry to see them go through this (and I thank the Joliet police for catching this low-life). To those who think it's inhumane - death by lethal injection: Look at what they did to their victims. In my opinion, they get off easy. Louis Purkhart Sr. Joliet (source: Letter to the Editor, The Herald-News) OKLAHOMA: Oklahoma death penalty panel has its work cut out The U.S. Supreme Court has said as recently as last year, when it ruled on a sedative that's used in Oklahoma executions, that the manner in which Oklahoma carries out the death penalty is constitutional. But is the same true of the overall process? This will be the focus of a yearlong study to be led by former Gov. Brad Henry, with help from the Constitution Project, a research nonprofit based in Washington, D.C. Those involved intend to look at the death penalty in Oklahoma from top to bottom, from arrest to execution, and gauge the fairness of the system. There are many, in Oklahoma and across the country, who believe the entire U.S. criminal justice system is patently unfair, and they point to the large numbers of blacks and indigent offenders who wind up behind bars nationwide. Do race and economic status play outsized roles in Oklahoma's capital cases? This is sure to be explored. We have written many times through the years about the burden carried by the Oklahoma Indigent Defense System, which does the important work of providing counsel for those who can't afford a personal attorney. The OIDS, with a budget of $16 million, handles roughly 44,000 cases per year in its 75 counties (Oklahoma and Tulsa counties have their own systems). These include murder cases which, depending on circumstances, could carry the death penalty. OIDS attorneys could have as many as 30 to 40 open cases at a time. The agency's executive director handles half a dozen or more cases himself each year, due to staffing concerns. His agency has roughly a half-dozen investigators spread across Oklahoma. District attorneys' offices, meanwhile, have several investigators, along with other resources at their disposal to use in prosecuting their cases. This would seem to tilt the playing field decidedly against those who must use the indigent defense system. On the other hand, death penalty cases have several steps of review built in, and wrongful prosecutions in Oklahoma death penalty cases have been rare. According to the Death Penalty Information Center, 10 Oklahoma death row inmates have been exonerated through the years. The state has carried out 112 executions since 1976, and has 49 inmates on death row today. All Oklahoma executions have been on hold since October, when a moratorium was put in place at the request of Attorney General Scott Pruitt. His office is investigating circumstances that led to the wrong drug being delivered to the state prison for use in 2 executions last year, one of which was carried out. The other was halted in September. Mark Henrickson, who represents the inmate whose execution was postponed, says Oklahoma is "at a critical phase" with the death penalty, due partly to the state's current budget problems. "I can be sure they're not sending more funds to make sure people get fair cases," Henrickson said. The new commission includes judges, prosecutors, public defenders, former elected officials and others. Members have a lot of heavy lifting to do during the next year. Henry, who approved several executions during his 2 terms as governor, rightly noted that the consequences in these cases couldn't be higher. Thus, the death penalty "needs to be done right." We wish the commission luck and look forward to what it finds about Oklahoma's process in carrying out the ultimate punishment, a penalty that has run aground in a majority of states but still enjoys strong public support here. (source: Editorial Board The Oklahoman) CALIFORNIA: Sacramento judge orders suspect, wife to stand trial in deputy killings A judge on Wednesday ordered Luis Monroy Bracamontes and his wife to stand trial in the Oct. 24, 2014, slayings of 2 Sacramento-area deputies, setting the stage for a protracted legal battle that already has gone on for more than a year. Sacramento Superior Court Judge Steve White found that after 3 days of testimony in a preliminary hearing that there is enough evidence to warrant a trial. He set the next hearing in the case for June 17. Bracamontes, who faces the death penalty, is accused of a daylong rampage that began in a Motel 6 parking lot on Arden Way and ended in Auburn. Sacramento County sheriff's Deputy Danny Oliver was killed at the motel; Placer County sheriff's Deputy Michael Davis Jr. was killed in an ambush in an Auburn cul de sac. Bracamontes, who has acted out in numerous court sessions, remained silent most of Wednesday, following a stern admonishment from Judge White the day before. But once it became clear that White would order a trial and began to read the charges against Bracamontes and his wife, the suspect began to grin broadly. His wife, Janelle Monroy, was seated at a separate table from her husband. She held her hands over her face while she appeared to weep quietly. Her lawyer, Pete Kmeto, argued unsuccessfully that there is no evidence she took part in the violence, that instead she was following orders from her husband after he killed Oliver. "Ms. Monroy is being told what to do by an armed man who has just shot a Sacramento deputy," Kmeto argued. Prosecutor Rod Norgaard disagreed, saying she helped move the rifle that killed Davis from one carjacked car to another and "was in for a penny, in for a pound" in the crime spree. Neither suspect entered a plea Wednesday. White's ruling came after Norgaard and co-prosecutor Dave Tellman presented testimony from 16 witnesses. Unlike past appearances, Bracamontes remained silent until White asked him if he agreed to waive time in the case until the next hearing in June. "I got no choice," Bracamontes said. "Yes, you do," White countered, in reference to the fact that suspects can demand to go to trial rather than agree to delays. He then agreed to the waiver. As he was being escorted out of court following the hearing, Bracamontes paused briefly as he passed by the judge. "See you again," he told White. (source: Sacramento Bee) ************** Convicted killer to get change of venue hearing It is a big day in court for the former Chico State football player sitting on death row in San Quentin for the brutal 1987 murders of a Chico couple. Steven Crittenden's change of venue hearing is scheduled for Wednesday morning. Back in October, the ninth circuit court of appeals court sided with Crittenden, who is African American, stating he did not get a fair trial when he was convicted of murdering and torturing Dr. William Chiapella and his wife Katherine in their Chico home, paving the way for a new trial. The appeals court said Butte County prosecutors were racially motivated when they rejected the only prospective African American juror. Prosecutors said the juror was dismissed because he objected to the death penalty and not because of race. (source: actionnewsnow.com) WASHINGTON: Selah man faces 2 aggravated murder charges in Yakima Moneytree killings Prosecutors filed 2 charges of aggravated 1st-degree murder Wednesday against the Selah man accused of gunning down 2 women outside a Yakima payday lender Saturday morning. Manuel Enrique Verduzco, 26, is also charged with first-degree burglary in connection with the killings at Moneytree, 129 S. First St. Prosecutors allege that Verduzco, a former Moneytree employee, shot Marta Martinez, 30, and Karina Morales-Rodriguez, 27, as they were opening the store for the day. Police responding to a report of shots fired around 6:15 a.m., found Morales-Rodriguez's body in the parking lot, and Martinez's on East Walnut Street near Moneytree. They were the 4th and 5th homicides in the city this year. Authorities are still trying to determine a motive for the crime, but have not ruled out a botched robbery attempt. Yakima County Prosecuting Attorney Joe Brusic said aggravated 1st-degree murder can apply in cases where someone is killed to cover up a crime, multiple people are killed during the commission of a crime, or as part of a 1st-degree burglary. State law defines 1st-degree burglary as illegally entering a building while armed to commit a crime. In cases of aggravated 1st-degree murder, prosecutors can seek a death penalty, otherwise a conviction carries a sentence of life without parole. Gov. Jay Inslee has imposed a moratorium on executions. Moneytree employees identified Verduzco from store surveillance footage of the attack, a police affidavit said. One worker reported seeing Verduzco at Moneytree the previous morning when she went to open the business, the affidavit said, and noted that he kept changing his reason for being there. Verduzco was arrested later Saturday at his parents' Yakima home without incident. He is being held on $1 million bail and is scheduled to be arraigned April 11. Court records show Verduzco has no prior felonies, but he was cited Jan. 30 for driving under the influence. His case is pending in Yakima County District Court. (source: Yakima Herald) USA: It's Been 40 Years Since the Supreme Court Tried to Fix the Death Penalty - Here's How It Failed ---- A close look at the grand compromise of 1976. In early April 1976, Potter Stewart, Lewis Powell, and John Paul Stevens met for lunch at the Monocle, a venerable Washington steakhouse, and decided the future of the American death penalty. The three U.S. Supreme Court justices were in a bind. Each harbored substantial misgivings about capital punishment, but each man - Stewart especially - also felt constrained by the issue's peculiar constitutional history and by the tidal wave of public support that returned the death penalty to the Supreme Court just 4 years after a splintered court had declared it dead. In 1972, Stewart had brokered a 5-4 decision holding that the death penalty as then practiced violated the Eighth Amendment's ban against cruel and unusual punishment. The court's ruling - in Furman v. Georgia - was a spectacular long shot. Just one term earlier, in 1971, the justices had upheld the constitutionality of the death penalty under the due process clause of the Fourteenth Amendment. Furman seemed headed in the same direction until Stewart struck an eleventh-hour deal with Justice Byron White, who'd been on the fence for most of the term. Stewart would abandon the moral statement against the death penalty that he'd intended to make and would instead say that the problem with capital punishment was excessive arbitrariness. Arbitrariness thus became the dominant theme in the most splintered decision in Supreme Court history. Each justice in the Furman majority wrote his own solo opinion - meaning that he spoke only for himself. Each emphasized a different aspect of arbitrariness. Some focused on racism. Some focused on the failure of states to condemn only the "worst" criminals. Some focused on the infrequency with which the death penalty was employed. No one said precisely how much arbitrariness violated the Constitution. Surely Stewart understood, as his colleagues must have, that the focus on arbitrariness - as opposed to deeming capital punishment unconstitutional per se - left the door open for states to rewrite their laws. Nevertheless, the justices believed that, as Stewart told his clerks, "The death penalty in the United States was finished." That intuition couldn't have been more wrong. Between the Furman decision and 1976, 35 states passed new death penalty statutes. 7 made the death penalty mandatory for murder. Others, including Georgia, instead attempted to make the process less "arbitrary" by requiring capital jurors to find "aggravating" factors, by separating capital trials into the guilt/innocence and sentencing phases we see today and by guaranteeing appellate review of all death sentences. The political and legal momentum against Furman forced the justices to reconsider their positions. So, over 2 days of oral argument beginning on March 30, 1976, the justices evaluated the constitutionality of the various new state approaches, with Georgia's new statute as the test case. The hearing had the feeling of a heavyweight prize fight, pitting against one another 2 of the great lawyers of their generation: Solicitor General Robert Bork, who, a decade later, would be nominated to the Supreme Court, and Anthony Amsterdam, principal architect of the NAACP Legal Defense Fund's victorious strategy in Furman and widely acknowledged as the greatest civil rights lawyer of the 20th Century. 2 days later, on April 2, the justices met in conference to consider the new death penalty laws. Justices William Brennan and Thurgood Marshall said they would reject both the statutes that made a death penalty mandatory for murder as well as statutes that gave jurors the discretion to sentence defendants to death. Justice White and 3 of the Nixon appointees - Justices William Rehnquist, Harry Blackmun and Chief Justice Warren Burger - said they'd uphold both approaches. The case came down to Justices Stewart and Stevens and Nixon's 4th appointee, Justice Lewis Powell. At that Washington steakhouse, the troika, as they'd come to be known, decided to split the baby. They would reject the mandatory statutes, which they regarded as barbaric, but uphold the guided discretion approach. Together with the four Nixon appointees, they formed a 7-2 majority in Gregg v. Georgia, upholding Georgia's new discretionary law, and, with Marshall and Brennan, a separate 5-4 majority rejecting the mandatory statutes. This Solomonic compromise created the bedrock principles of modern death penalty jurisprudence: that a non-arbitrary death penalty satisfies the Constitution and that the requirement of non-arbitrariness could be satisfied by Georgia's approach. The Gregg decision revived the American death penalty. It also began a social experiment. Underlying Gregg is an empirical proposition: legal standards would make capital jury decisions more predictable. "Let's have them be as guided and as rational as they can be," Stewart told his law clerk Ron Stern in 1976. Yet in 5 years of archival research and interviews for my book A Wild Justice, I found not a shred of evidence that any of the justices considered social science data. Certainly none is cited in the opinion. The most striking features of the compromise Stewart, Stevens and Powell embraced was the speed with which it was reached, the absence of supporting empirical evidence, and the 3 men's unquestioning faith in the power of law and the state and local officials sworn to carry it out. 40 years later, the data are in on the court's grand compromise. How one interprets the results may depend on what's being asked. If the essential question today is whether the death penalty is still being applied arbitrarily, the answer couldn't be clearer. Arbitrariness is rampant. But, on the occasion of Gregg's ruby anniversary, let's ask a more refined question, which more directly honors the case's peculiar history: Is arbitrariness less of a problem than it was before the Supreme Court got involved in 1972? In other words, has Gregg worked? The answer is a conclusive, resounding no. Whether one interprets the Furman decision to have been about - individually or collectively - excessive racism, a failure to identify the "worst of the worst" among murderers, the death penalty's sporadic use, or simple geographical randomness, the "guided discretion" statutes endorsed in Gregg haven't remotely fulfilled their promise. Randomness has not been reduced and in many respects has grown substantially worse. Almost all of the justices in Furman noted the low percentage of death-penalty eligible murders that resulted in death sentences. They estimated the rate to be between 15% and 20%. From this statistic, the justices drew different conclusions. Brennan and Marshall cited it as evidence that the death penalty had been rejected by contemporary standards of decency (though the truth is they would have opposed the death penalty regardless). White said an infrequently-used death penalty couldn't adequately deter crime. His idiosyncratic opinion seemed to invite mandatory laws. A 3rd view seemed to get at something important about what a constitutional death penalty might look like. Not even the most ardent supporters of the death penalty believe that all murderers should be executed. Somewhere a line has to be drawn, and it should be drawn in such a way that juries regularly accept the penalty's use. For example, if a state restricted its use of the death penalty to mass murderers it presumably would generate a high sentencing rate. As the state broadened its law to include less aggravated kinds of murder its sentencing rate would decline as jurors (or judges) rejected borderline capital charges. Implicit in Furman was the premise that states had for decades defined the universe of death-eligible murders too widely. Implicit in Gregg was the premise that guiding jury discretion would create some balance between death-eligible cases and actual death penalties. But 40 years of statistics tell us that the death penalty is even rarer than it was before. In gross terms, U.S. executions have been trending downward for some time. Annual executions peaked at 197 in 1935, hovered between 50 and 100 per year during the 1950s, fell further after the NAACP Legal Defense Fund took on the death penalty in the mid-1960s, and temporarily ended with Furman. Post-Gregg, executions peaked at 98 in 1999. They've been declining fairly steadily since. 35 people were executed in 2014. Last year, states killed 28 people, the lowest total since 1991. Death sentences have been dropping too - from more than 300 annually in 1995 and 1996 to 73 last year. Over this period, death-sentencing rates - meaning the the percentage of murders eligible for the death penalty who are actually sentenced to death - have experienced a parallel decline. Almost every state-level study has identified a rate either at the low end of, or substantially below, Furman's 15%-20% threshold. In California, the nation's largest producer of death sentences, the most comprehensive statewide studies have identified a sentencing rate between 4.6% and 5.5%. In a review of 34 years of Connecticut death penalty cases, Yale's John Donohue found a sentencing rate of 4.4%. A study of all Colorado murder convictions between 1999 and 2010 revealed a rate of 0.56%. Pause for a moment to note that these are only sentencing rates. Between 1973 and 2013, only 16.1% of people sentenced to die were ultimately executed. In other words, the chance of being executed - among defendants sentenced to die - is only about 1 in 6. The probability of receiving the death penalty in the U.S. is miniscule. The Centers for Disease Control reported 16,121 homicides in 2013, while states conducted 39 executions - an execution rate of approximately .24%. Why sentencing rates are so low is no secret. Rather than define a narrow, clear universe of the most aggravated crimes - such as mass murder - states have moved in the opposite direction and included more and more kinds of homicides as death eligible. The Supreme Court has countenanced this, saying that any aggravating factor is constitutional so long as it doesn't include everyone. For example, the court upheld Idaho's aggravating factor that made someone death eligible who "exhibited utter disregard for human life," presumably drawing a distinction between murderers who show "utter" and, say, "mere" disregard for human life. The court has similarly upheld a "cold, calculated" aggravating factor and yet another for murders that are "especially heinous, cruel or depraved," although it's hard to imagine a murder that isn't cold or cruel or heinous. These are the worst examples, though, and reasonable arguments can be made in favor of many aggravating factors. The devil is in how they work together. Consider this: some states - superficially reasonably - make a murderer death eligible if the victim is very young. Other states make it an aggravating factor to kill an elderly person. Some states include both. Each aggravating factor can be defended individually. The young have more life ahead of them. The elderly are less able to defend themselves. But by this logic, why not include murders of the infirm, as many states do, or pregnant women, as some states do, or, for that matter, all parents, on the reasoning that they have more responsibility? Collectively, aggravating factors fail to accomplish Furman's fundamental goal of limiting the circumstances in which the penalty may be applied. A California study found that 87% of murders are potentially eligible for the death penalty under the state's definitions. In Colorado, the rate is 91.1%. Some abolitionists fear that pushing the Court on this point would lead to another death penalty reset, and that states would respond, as they did after Furman, by yet again rewriting their laws. What would happen is impossible to know, of course. Perhaps the court would see that 40 years of history shows that the political temptation to protect every category of murder victims is irresistible - once a state legislature has decided to make police killers death eligible, how, for example, does it refuse corrections officers or firefighters? Perhaps the court would conclude that writing a meaningfully nuanced death penalty law is therefore impossible. Or, perhaps, we'd live another generation with slightly narrower but still grossly imperfect statutes. The only thing that can be said conclusively is that states have failed to engage in the kind of "limiting" exercise Furman intended to require. Prior to Furman, the American death penalty was largely a Southern phenomenon. Between 1930 and 1967, of the 3,859 executions carried out in the U.S., 2,306 - 59.7% - occurred in the South. It was his concern with the racist application of the death penalty in the South that motivated Justice Arthur Goldberg and his law clerk Alan Dershowitz to take on capital punishment in the early 1960s, even though no one in the court and almost no one in the scholarly community believed it to be unconstitutional. Since Gregg, the American death penalty has become almost exclusively a Southern phenomenon. Of the 1,429 executions conducted in the U.S. since 1976, 1,163 - 81.3% - have been carried out by Southern states. The three most active death penalty states - Texas, Oklahoma and Virginia - have been responsible for 52.9% of executions since 1976. Texas, by itself, accounts for 37.6% of the total. Of the 28 executions carried out in 2015, 13 occurred in Texas. Of the 9 carried out so far this year, Texas has conducted 5. It makes no sense to speak of an American death penalty. There is the South and everywhere else. Over the past few years, better data have facilitated study of how the death penalty functions at smaller geographical units than the state. The picture that has emerged from this disaggregated data is about as random as could be imagined. In 2012, just 62 of the 3,143 counties in the U.S., or 1.9%, accounted for all American executions. Since 1976, only 15% of counties have sentenced someone to die who was eventually executed. The top 15 most active death penalty counties have been responsible for more than 30% of all executions. Generally speaking, rural areas use the death penalty far less than cities. For example, the odds of receiving the death penalty in Cook County are approximately 83% lower than for killing someone in rural Illinois. Some of the quirks are bizarre. Murder defendants in Maryland's Baltimore County, which has a comparatively low crime rate, are 23 times more likely to receive the death penalty than murder defendants in neighboring Baltimore City, which has a much higher crime rate. Geographic luck plays such an extensive role, it doesn't make sense to speak of the death penalty system as a "system." Even in Texas, only a handful of the state's 254 counties seek capital punishment with any regularity. Harris County is single-handedly responsible for 280 of the state's approximately 1,000 post-Furman death sentences. Geographic arbitrariness is interrelated with racism. In a study of murder convictions in Alameda County, Steven Shatz and Terry Dalton found the district attorney was substantially more likely to seek the death penalty in the overwhelmingly-white southern half of the county than in the north, where more than 30% of residents are African-American - mirroring the race-of-victim racism noted in the overwhelming majority of death penalty studies. The closer one looks, the bleaker the picture. A system serious about creating consistency would require a statewide authority - say, a panel of experts - to make uniform death penalty recommendations, but none does, and the Supreme Court has not said one is required. Probably the most basic concept in the court's concern over arbitrariness is that the death penalty should be reserved for the most culpable offenders. Reasonable minds may differ on the morality of the death penalty, but we have a shared understanding that if it does exist, it should be reserved for the worst of the worst. Some arbitrariness is an inevitable product of federalism. Many highly "aggravated" murders are exempt from the death penalty because they take place in an abolitionist state. Many less "aggravated" murders result in death penalties because they occur in active capital states. Given federalism, the Gregg court must have meant that states are supposed to make internally consistent decisions about who gets the death penalty. Some states may choose to prioritize protecting cop killers, for example, other states would choose to prioritize protecting the very young or very old. But whatever the state's internal calibration of culpability may be, it needs to be applied consistently. Even judged by this more modest goal, Gregg has been a failure. In his study of capital sentencing in Connecticut, Yale Law School's John Donohue identified 205 potentially death eligible murders in the state between 1973 and 2007. Among these, death sentences were imposed in 12 cases, 9 of which were upheld on appeal. For each defendant, Donohue calculated an egregiousness score by coding for factors that influence jurors, such as the extent of the victim's suffering, the defendant's motive, the number of victims, and mitigating factors, such as mental illness or impairment. When he compared the egregiousness of the 9 defendants sentenced to die with the other 196 cases, only 1 of the 9 was among the "worst of the worst," which he defined as being within the 15% most egregious cases. The other 8 death sentences couldn't be justified. As many as 170 of the defendants who'd been spared had committed more aggravated murders than the defendants who'd been sentenced to die. Another study by Drake Law School's David McCord used a "depravity point calculator" to review media accounts of murders, and again found no consistency. Among murderers who didn't receive death sentences, 159 were more depraved than many of those who were sentenced to die. The question that we've asked together here - whether Furman and Gregg made the administration of the death penalty better, or at least less awful - makes no sense in this context. The system operates almost completely irrationally. Again, it's not difficult to identify why. The Supreme Court does not require guidelines for prosecutors in deciding whether to charge a defendant with the death penalty and no states have any. Nor does the court require - and again most states do not give - any guidance to jurors beyond the simple instruction that they need to find the presence of an aggravating factor. Jury decisions are effectively unreviewable, and abundant research shows that jurors show little consistency in how they evaluate evidence and are often swayed by irrelevant factors, such as race. Access to, and the quality of, mitigation experts varies widely, though these professionals play an essential role in a defendant's case. Most damningly and damagingly, the court does not require that capital attorneys have training in the death penalty. To the contrary, the bar has been set about as low as it could imaginably be set and, not surprisingly, the quality of representation varies widely. Stephen Bright, head of the Southern Center for Human Rights, says what distinguishes the cases in which the death penalty is imposed from those in which it is not "is not the facts of the crime, but the quality of legal representation." Carol Steiker and and Jordan Steiker, of Harvard and University of Texas respectively, say that, whatever the text of Furman and Gregg may have been, the cases were really about racism. Indeed, race is a substantial part of what got and kept Arthur Goldberg and Alan Dershowitz involved in the issue over the course of their lives. It's certainly what attracted NAACP Legal Defense Fund lawyers Tony Amsterdam and Michael Meltsner, who together did more to shape death penalty law than any other attorneys in American history. The question here, though, isn't whether racism continues to affect capital sentencing - it clearly does - but, rather, whether Gregg helped. The gross numbers are disquieting. Of the 1,429 executions conducted since Gregg, 494 defendants - 34.6% - have been African-American. By comparison, in the most recent census, 13.2% of respondents identified themselves as black or African-American. So, black men - only 16 women have been executed since 1976 - are overrepresented on death row by almost triple. In 1980, a team of researchers from the University of Iowa led by David Baldus undertook a mathematically rigorous examination of the influence of race on death penalty decisions in Georgia between 1973 and 1979, coding for 230 potentially explanatory variables. They found that blacks who killed whites were 22 times more likely to receive the death penalty than whites who killed blacks. In only 2 of the 2,484 cases reviewed was a white defendant sentenced to die for killing a black person. This race-of-victim effect has been re-observed time and again, in different states and over different time periods. Baldus's study, widely recognized as the seminal one of its kind, became the basis for an Equal Protection Clause challenge to the death penalty, which the court rejected, 5-4, in 1987. Lewis Powell wrote the majority opinion and cast the decisive vote in McCleskey v. Kemp during what would be his last term in office. Just 4 years later, he told his biographer that he regretted his vote, would change it if he had the chance, and that he'd "come to think capital punishment should be abolished." Abolitionists generally focus on Furman and Gregg as the pivotal moments in this legal history, but it's McCleskey that did the real damage. The death penalty is a statistically trivial phenomenon. Had McCleskey ruled the use of a punishment unconstitutional because of racism in its implementation, criminal justice in the United States would have been transformed. It didn't, because of a single, almost-immediately-regretted vote, which ended the relevance of statistical evidence of racism under the Equal Protection Clause. Others who have looked carefully at components of the system have found profound evidence of racism. Stanford Professor Jennifer Eberhardt, expanding upon Baldus's data, showed that in cases involving a white victim, black defendants were more than twice as likely to receive a death sentence if they had a "stereotypically Black appearance" than if they were lighter skinned, had a narrowed nose and thinner lips. If you keep one fact in your hip pocket for dinner-table arguments about the death penalty, I'd say make it this: Since Gregg, 327 Americans have been executed for interracial murders. Of these 296 were for black defendants who killed white victims. 31 -9.4% - were for whites who killed blacks. Whatever they may have written, Stewart, Stevens and Powell's true project in Gregg was to rationalize the American death penalty and make sentencing decisions turn on the severity of a defendant's offense instead of random factors, such as where the crime occurred, or insidious factors, such as race. On the occasion of its 40th anniversary, we can deem that project a complete and dismal failure. Virtually all murders are death eligible. States have made no effort to define capital murder with any precision. Given what we know about the history of Gregg, and the subsequent evolution of the deciding justices' views, it's clear that if the evidence presented here had been available to the justices at the end of their careers, the outcome of the 1976 cases would have been a 6-3 decision rejecting the death penalty as unconstitutional. At a time when the balance may shift on a Supreme Court that may already be poised to end the death penalty, this seems like an anniversary message worth repeating. (source: Evan Mandery, a professor at John Jay College of Criminal Justice, is the author, most recently, of "A Wild Justice: The Death and Resurrection of Capital Punishment in America."----themarshallproject.org) ***************** Conservatives push for nearly unthinkable death penalty ban A former gun industry lobbyist and budget-hawk Republicans are leading what might seem to be an unlikely hard-right campaign - trying to sway conservatives in places like Utah and Kansas that they should be the 1st Republican-held state in 4 decades to ban the death penalty. The push from the political advocacy group Conservatives Concerned about the Death Penalty and lawmakers in places such as Nebraska would have been unthinkable a few years ago when it would have been conservative heresy to end capital punishment, a program seen as bedrock issue of the law-and-order policies embraced by the party. But those leading the campaign say the death penalty is a costly, inefficient and heavily bureaucratic program that runs counter to their core conservative values of limited government. "This is not an issue just for bleeding heart liberals. This is an issue that pragmatic conservatives are getting on board with," said Marc Hyden, a coordinator of Conservatives Concerned about the Death Penalty, a network of political and social conservatives who say capital punishment does not align with their values. Republican support for the death penalty remains strong at 76 % in 2014, but that number is down from 85 % in 1994, according to Gallup. The conservative push against the death penalty is in its early phase but has led lawmakers in Nebraska last year to be the 1st Republican-dominated state in more than 40 years to approve an execution ban. The measure now needs approval from voters in November to take effect. In March, lawmakers in red-state Utah came close to passing a similar ban. "This is a bipartisan issue that anyone can get on board with," said Hyden, who served as a campaign field representative for the National Rifle Association. The death penalty is legal in 31 U.S. states. But executions have been on the decline for years, in part due to court battles and a scramble to secure execution drugs after a sales ban a few years ago imposed by mostly European manufacturers who said it was immoral for their products to be used to kill inmates. Hyden's group is expanding its efforts in Kentucky, Missouri, Montana, Nebraska, North Carolina and Washington to build bipartisan support in legislatures where rancor between parties has stymied scores of other bills. But despite the momentum with conservative lawmakers, gaining support among the public in Republican-controlled states may be a hurdle too high. 'NO SENSE' A death penalty repeal bill in Missouri, which has executed 86 people since the U.S. Supreme Court reinstated capital punishment in 1976, was placed on this year's informal calendar, a wasteland for legislation without the votes to pass. In red-state Utah, which has nine men on death row, the Republican-led bill to end the death penalty cleared the Senate and a House committee before dying without obtaining a vote. It likely will come up again in a session next year. Utah State Senator Steve Urquhart, a Republican, said he won supporters among Senate colleagues by highlighting capital punishment's high costs, lengthy appeals and exonerations in other states, which underlined its fallibility. "The death penalty makes absolutely no sense in 2016," he said in an interview. "It costs an awful lot of money to execute a prisoner compared to holding that prisoner in jail for the rest of his or her life." A state study found that Utah pays about $1.7 million more to fund items such as appeals, public defenders and carrying out executions for death penalty convictions than it would to incarcerate the same inmate for life. But advocates of capital punishment balk at the idea that expense should be a factor when deciding punishment for the gravest crimes. "The death penalty should not be a utilitarian issue in terms of weighing the costs against the benefits but rather an issue simply of justice, of who deserves it," said Robert Blecker, a professor at New York Law School. The 6 states before Nebraska to abolish the death penalty since 2007 have been left-leaning or left-center Maryland, Connecticut, Illinois, New Mexico, New Jersey and New York. (source: Reuters) *********************** Kingsmen killer could face death penalty in federal case Andre Jenkins, in prison for life and with no chance of parole, would seem to have little to lose. And yet, the convicted killer found himself in federal court this week facing charges that could lead to an even worse fate - the death penalty. Jenkins is 1 of 2 defendants in another Kingsmen motorcycle case charged with a federal death penalty-eligible crime. In seeking the death penalty, prosecutors claim Jenkins and David Pirk, the club's national president, plotted and carried out the murders of fellow Kingsmen Daniel "DJ" Szymanski and Paul Maue in September 2014. Under federal law, an intentional, premeditated murder can be grounds for seeking the death penalty. "He absolutely denies the charges and maintains his innocence," Barry Covert, Jenkins' defense lawyer, said earlier this week. Covert, who handled 2 previous death penalty cases, declined to comment on the likelihood of his client's prosecution becoming a capital case, but others suggested privately that it's a long shot. "No case becomes a death penalty case unless the attorney general authorizes it," said U.S. Attorney William J. Hochul Jr. It was Hochul, armed with a grand jury indictment, who filed the murder charges against Jenkins and Pirk. But his boss, U.S. Attorney General Loretta E. Lynch, will be the one who decides if the death penalty is ultimately sought. In the past, attorneys general have been reluctant to use the death penalty in gang cases or when the prosecution involves what some lawyers call "gang-on-gang" killings. It's also no secret that Lynch's predecessors approved the death penalty in less than 13 % of all eligible cases and that no one on federal death row has been executed since 2003. Defense lawyers and prosecutors say most federal death penalty cases are high-profile prosecutions involving terrorism or a large number of victims. They point to the Boston Marathon bombing and Dzhokhar Tsarnaev, who was sentenced to death last year. Federal prosecutors, in their indictment of Jenkins, Pirk and 14 other Kingsmen, claim the 2 murders at the heart of the case were carried out after "planning and premeditation" by Pirk and Jenkins. Jenkins previously was convicted of the murders in state court and is currently serving a sentence of life without parole. The federal case also revolves around the government's claim that the Kingsmen are a criminal organization that supports itself with drug dealing, prostitution and illegal firearm sales and relies on murder, kidnapping and violence to protect the club. This is not the 1st time Hochul has sought the death penalty. His office, in fact, has acquired a reputation for being aggressive - some say overzealous - in death penalty cases. In 2011, The Buffalo News reported that Hochul's office filed more eligible cases in the 2 previous years than all but two federal prosecutors in the country. None of those cases was approved by the attorney general, and defense lawyers say the strategy overburdened the courts and cost taxpayers hundreds of thousands of dollars. "We're prosecuting very, very violent cases," Hochul said earlier this week. "We always go where the crimes and criminals take us." And Hochul offers no apologies. He often speaks to block clubs and community groups and they are unanimous in their support of his anti-gang campaign, he said. Hochul also has the backing of local law enforcement, many of whom think the federal death penalty provides an incentive for guilty defendants to take plea deals or to cooperate with prosecutors. Prosecutors told U.S., Magistrate Judge Michael J. Roemer, who is handling the Kingsmen case, they hope to have a final decision from the attorney general next week. (source: Buffalo News) From rhalperi at smu.edu Thu Mar 31 11:38:49 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 31 Mar 2016 11:38:49 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 31 GLOBAL: The 13 countries where being an atheist is punishable by death Around the world, a number of countries continue to criminalize atheists and humanists, with 13 having laws which enable them to impose the death penalty. It's often said that the world is becoming an increasingly secular place. Just last week David Cameron sparked backlash when he used his Easter message to describe the UK as "a Christian country". Critics pointed out that just 30 per cent of people in the UK describe themselves as religious, making Britain one of the least religious countries in the world. 53 per cent of people say they have no faith, while 13 per cent claim they are committed atheists. However, despite the prevalance of atheism and humanism in the UK, many may be surprised to know that having no faith can be a life or death matter around the world. In thirteen countries, you can be sentenced to death for not having a faith: 1. Afghanistan. 2. Iran. 3. Malaysia. 4. Maldives. 5. Mauritania. 6. Nigeria. 7. Pakistan. 8. Qatar. 9. Saudi Arabia. 10. Somalia. 11. Sudan 12. United Arab Emirates 13. Yemen In a number of other countries, the death penalty is not a formal punishment on statute books but atheists and humanists have been murdered by religious extremists on account of their beliefs. In countries including India and Bangladesh, police have been accused of condoning these murders by failing to investigate them properly. At least 3 atheist bloggers have been hacked to death in Bangladesh after penning posts advocating that scientific proof should inform opinion above religious beliefs. (source: The Times of India) IRAN: Iranian group gets help from Islam to save juveniles from execution ---- As 160 under-18s wait on death row in the Islamic Republic, an NGO is raising blood money and public awareness to halt executions of juvenile offenders On the night of 22 March 2009, 17-year-old Hamid was in his dad's mini-bus when their neighbour's son, Ayyoub, 16, got in. Hamid was in the business of selling mobile phones, and Ayyoub had been in dispute with him for days over a cellphone he'd bought from him. As their argument became heated, Hamid grabbed part of a seat cover and strangled Ayyoub. Hamid was sentenced to death by hanging. Murder in Iran carries capital punishment even for minors who are incarcerated until the sentence is carried out when they turn 18. The execution can be halted only if the victim's family pardons the offender, usually in return for blood money. Ayyoub's father, Ali Kouravand, considered a pardon but this was in Izeh, a city in the south-western province of Khuzestan with strong tribal networks. As Hamid and Ayyoub were from different tribes, the father could not decide on his own. His tribe set stringent conditions for a pardon. They demanded that the killer's family pay the victim's a large sum, and then to leave Izeh. It took the NGO Imam Ali's Popular Students Relief Society much negotiation before Ayyoub's family agreed to a pardon. In December 2015 Kouravand took his family to Ahvaz prison to meet his son's killer - knowing that by pardoning Hamid, his family would be boycotted by their tribe, at least for a while. Hamid had been prepared by Farzad Hosseini from Imam Ali Society. "His mind was frozen, he didn't know how to react," says Hosseini. "Before he entered the room where Ayyoub's family were waiting, I told him: 'Kiss their hands and apologise. Keep your head down'." Hamid did as he was asked. He bowed and kissed Kouravand's hand, and in response Kouravand kissed his cheek, pardoned him and gave him his blessing. The family received around $35,000 in blood money, partly gathered by Imam Ali society through public fundraising. Imam Ali's Popular Students Relief Society was founded in 1999 by a group of students at Tehran's Sharif University of Technology led by Sharmin Meymandi-Nejad, originally to combat poverty. Today 15,000 volunteers are involved in projects to help the vulnerable in 12 provinces including Tehran, Fars, Isfahan, Kermanshah, Hormozgan and Qom. A playwright and university teacher, Meymandi-Nejad had been intrigued in 1997 by the case of Gholam Reza Khoshrou, known as khoffash-e shab (the night bat), who was tried and executed for the murder of nine women, some of whom he had raped. Meymandi-Nejad followed the story of Khoshrou in prison with the aim of making a documentary but was struck by the hardships Khoshrou had faced as a child, growing up with a step-mother in a poor and violent neighbourhood before being sent to a juvenile detention centre and at 18 to prison, where, he told his phycologist, he was raped many times by other prisoners. When Khoshrou was executed, Meymandi-Nejad promised himself he would do his best to help kids in violent neighbourhoods to keep them from becoming another Khoshrou. This led by 2006 to Meymandi-Nejad's decision to work against the execution of juvenile offenders. Since then the group has saved 25 juvenile offenders - including one woman - from execution and are working on nearly 50 other cases. Where offenders' families cannot afford the blood money, the group raises funds from the public through conferences and online campaigning. Cases usually come to their attention when juvenile offenders' families seek their help, as Imam Ali Society lacks access to court files. "We face lots of restrictions, there is no systematic support," says Hosseini, 33, who became involved 8 years ago when a civil engineering student at Sharif University. "We can't even visit our clients in prison easily. It depends on the prison staff who sometimes out of humanity let us pay limited visits to the offenders." After gathering information by reading official documents, talking to the offender's family, and if possible visiting the offender in prison, comes what Hosseini describes as the "very difficult and complicated" task of approaching the victim's family to seek a pardon. By the time the Imam Ali Society is involved, the case is usually a few years old, which as Hosseini says, means the victim's family anger and desire for revenge have had time to fester. The visit is often far from smooth. Hosseini says he and fellow volunteers were attacked by one family of a murder victim: "They wanted to kill us." But over time they were not only able to talk to the family but even convince them to share a meal with the offender's family. "Everything depends on how we treat the [victim's] family," he says. "When we approach the next of kin, we see them as our own family. We put ourselves in their shoes. To us, the person who was killed is like our own brother or father." Hosseini carries with him a photograph of a father of 7 killed 10 years ago by a 17-year-old male, forgiven by the victim's family last autumn. "I really love him like my own father." But however time-consuming the process can be, most cases are not successful. Hosseini says only 1 or 2 out of 100 see the victim's family pardoning the juvenile offender. He cites the case of Alireza Shahi, hanged in November 2015 in Rajaei Shahr prison in Karaj city, west of Tehran, 7 years after he killed someone during a street fight when he was 18. "We tried so hard to convince the victim's family, but they didn't want to listen at all," recalls Hosseini. "Even the night before the execution, we went to the prison and were next to his [Shahi's] family until dawn. We were hoping that maybe the execution would be halted, but in the morning he was executed. I visited Alireza in prison twice. I hugged him. He was like my own brother. He was so innocent. It all had happened during a fight. I really can't understand - why should this kid be executed?" The UN Convention on the Rights of the Child says no death sentences should be imposed for offences committed by individuals under 18. Iran ratified the convention in July 1994, but the age of adult criminal responsibility remains 9 lunar years for girls and 15 lunar years for boys. While Imam Ali Society's ultimate goal is to change the law and stop all executions of juvenile offenders, it has welcomed more limited changes. In May 2013 a new Islamic Penal Code was adopted, with Article 91 allowing a judge to impose an alternative punishment if there is doubt over the offender's maturity and wisdom, or if the judge determines the juvenile did not comprehend the nature of the crime or its consequences. In December 2014, the general board of the supreme court ruled that all juvenile offenders on death row were entitled to request a retrial based on Article 91. But these changes didn't bring actual results. Hosseini says since 2013 they have encountered 2 or 3 cases positively affected by Article 91. Amnesty International reported 12 executions of juvenile offenders in 2014 and 4 in 2015: there had been 4 in 2012 and 9 in 2013. Iran doesn't deny it executes juvenile offenders but often disagrees with numbers reported. The authorities also argue they are trying to make changes. In January in a meeting with the UN's Committee on the Rights of the Child in Geneva, Mahmoud Abbasi, deputy for human rights and international affairs at the justice ministry, said that reforming policies would not work without changing the attitudes "particularly of policy-makers and those directly involved with children". Neither the UN nor Iranian activists are prepared to ease up. On 14 March, during the 31st session of the UN Human Rights Council in Geneva, the UN special rapporteur on Iran Ahmed Shaheed said that "at least 73 juvenile offenders were reportedly executed" in Iran between 2005 and 2015. He added that "at least 160" others are on death row. 3 representatives from Imam Ali Society, including Hosseini, were present during the session. On 14 March, in response to Shaheed's report, a representative read a statement noting the lack of implementation in many cases of Article 91 and restating opposition to executing those who committed the offence when aged under 18. Hosseini says change should come primarily from below. "We believe that most of our social and human rights issues are solvable if we empower civil society within the country," he explains. "When we started working years back, public mentality was different. People didn't want to get close to imprisoned kids. But now through our efforts people are willing to help juvenile offenders, even murderers. Currently several thousand people [in Iran] are in favour of the abolition of death penalty for juvenile offenders, so now the judiciary and those in charge have realised these laws need to be changed." (source: The Guardian) BELARUS: New death sentence in Belarus: "EU opposes capital punishment in all cases" The European Union has again called on Belarus to abolish the death penalty, following confirmation by the country's Supreme Court of a new death sentence this week. "Despite the seriousness of the acts, the European Union opposes capital punishment in all cases," said the EU spokesperson in a statement issued yesterday, adding: "It has proved to fail as a deterrent and it represents an unacceptable denial of human dignity and integrity." "We urge Belarus, the only country in Europe which still applies capital punishment, to respect the right to life of each one of its citizens and to join a global moratorium on the death penalty as a first step towards its abolition," the statement added. (source: enpi-info.eu) PAKSITAN: Pakistan Pledges Not to Amend Law That Imposes Death Penalty for Blasphemy Muslim radicals ended a four-day sit-in in a high-security "red zone" near Pakistan's federal parliament, claiming victory after the government late Wednesday gave assurances it will not seek to amend the country's notorious blasphemy laws or show leniency to anyone convicted under them. The government's pledge to the protestors came just days after a deadly Easter Sunday bombing in Pakistan's 2nd-biggest city underlined anew the threats faced by minority Christians both from terrorists and from Islamist extremists like those at the sit-in in the capital. The protestors, estimated at 25,000-strong at the peak of their demonstration, are supporters of a police officer executed a month ago for the 2011 murder of a provincial governor he was paid to protect. Bodyguard Mumtaz Qadri became a hero to many fundamentalist Muslims after killing Punjab governor Salman Taseer, whom he had accused of blasphemy. During the sit-in some protestors, members of radical Sunni groups known for their zeal for Mohammed and the Qur'an, clashed with police and set fire to buses and bus shelters. Prime Minister Nawaz Sharif had ordered that the protest be brought to an end, peacefully, by Wednesday. Pakistani media reported that protest leaders declared victory after talks with government officials netted them several of their listed demands. They included an assurance that no amendments will be made to provision 295-C of the penal code, which states that "Whoever by words, either spoken or written or by visible representation, or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Mohammed (peace be upon him) shall be punished with death." According to the private television network Geo News, Daily Times and other outlets, the government also promised that no-one convicted under the blasphemy laws will be spared. The government agreed further to release hundreds of people arrested during the sit-in who do not stand accused of attacking property or personnel, and in response to demands that shari'a be imposed across Pakistan agreed that clerics would submit proposals on the matter to the religious affairs ministry. Government ministers portrayed the various points as an "understanding," saying no written agreement was signed with protest leaders. Interior Minister Chaudhry Nisar Ali Khan declared that no future protests would be allowed in the capital's "red zone." On 2 of the protestors' demands, the government gave no assurances: They had called for Qadri to be publicly declared a "martyr," and for the execution of Asia Bibi, the 1st Christian woman in Pakistan to be sentenced to death for blasphemy. Asia Bibi, a mother of 5, has been on death row since her conviction in 2010 for "blaspheming" Mohammed. Qadri murdered Taseer after the governor, a liberal Muslim, came out in support of Asia Bibi and called for her pardon. 'Appeasement' How much of a concession the government has made to the protestors by pledging not to touch the blasphemy laws is debatable, since there has been no significant attempt to amend or annul them for years. The last tentative effort to amend the blasphemy laws, by a lawmaker in the then-ruling Pakistan People's Party (PPP), was dropped just weeks after Taseer's assassination after its sponsor, who had received death threats, failed to receive the support of her own party. Religious freedom advocates say Christians and other minorities have long been disproportionately targeted under the blasphemy laws, which at times have also been used as a pretext in instances of personal grudges or business disputes. Individuals accused of blasphemy have frequently been attacked by mobs, and vigilantes claiming to be protecting the honor of the prophet have taken the law into their own hands. Among many killed in such circumstances was a High Court judge, shot to death in his Lahore chambers in 1997 after acquitting a man who had been convicted of blasphemy by a lower court; a minority Ahmadi lawyer, shot dead in 2014 after agreeing to represent a university lecturer facing blasphemy charges; and a Christian couple, accused by a mob of blasphemy and burned alive in a brick kiln, also in 2014. On Sunday more than 70 people, many of them women and children, were killed in a suicide bombing at a public part in Lahore. Claiming responsibility for the attack, a Pakistan Taliban offshoot made it clear the target was Christians celebrating Easter. Earlier this week Xavier William, head of a Pakistani Christian human rights advocacy group, Life For All, responded to queries about both the Easter Sunday bombing and the Islamabad sit-in. "Religious intolerance, sectarian violence and blatant terrorism is destroying the very core of our social fabric," William said. "In a plural Islamic society, which is what we must aspire and strive to become, there is no place for intolerance, violence and appeasement of extremist groups who are trying to make our nation hostage to their obscurantist ideology." Human Rights Focus Pakistan president Naveed Walter accused the government of having "no long-term strategy to eliminate terrorism from the society," citing both its response to terrorist threats against Christians, and the sit-in in Islamabad in support of Qadri - whose execution, Walter said, "also increased hatred against the Christian community." (source: CNSNews.com) INDIA: Man sentenced to death for 2012 Anaimalai double murder case A local court in Coimbatore on Wednesday awarded death penalty to a 28-year-old man for murdering 2 women at Anaimalai in 2012. For the double murder, Rajiv was awarded the death penalty and for the attempt to murder, he was sentenced to life imprisonment," said E R Sivakumar, additional public prosecutor. and a case was registered against him under Sections 302 (Murder), 307 (attempt to murder) and 506(ii) (criminal intimidation). Rajiv had moved the high court against the life imprisonment and the sentence was commuted to 7 years imprisonment. He added that the death penalty was awarded mainly because of the cruelty of the murder and also considering the fact that the accused was punished for the similar crime earlier. The Additional District and Sessions Judge, G Vijaya, also sentenced him to life imprisonment for the charge of attempt to murder and 3 years' imprisonment for the charge of criminal intimidation.The convict M Rajiv Gandhi, a resident of Anaimalai in Coimbatore district, was a juvenile offender who was sentenced to life imprisonment when he was 17 years old. In 2005, he had murdered a man named Kanakaraj. In that case his neighbour N Murugan was 1 of the witnesses. Rajiv had moved the high court against the life imprisonment and the sentence was commuted to 7 years imprisonment. He came out of jail in February 2012. Rajiv then stayed in his house, which was close to Murugan's home. (source: nyoooz.com) ******************** Triple blast convicts plead for leniency in sentence before POTA court----Prime conspirator Saquib Nachan says his father made him surrender before court "My father held my hand and made me surrender before court. He asked me only one thing: Did you execute the blast? When I said no, he took me to the court. He had blind faith in the judiciary," Saquib Nachan told the Special Prevention of Terrorist Act (POTA) court on Wednesday. Seeking leniency and asking the court to sentence him to the period already undergone by him in prison, he said: "Not only me but my entire family suffered because of the terror tag, my children were called as sons of a terrorist and as I suffered in prison, they also suffered outside." Nachan, who claimed he prepared his case overnight after the conviction was handed down to him under the POTA and Arms Act charges, said: "Under POTA it was the discretion of the court to hand over the sentence, if he feels it can be even one day or only Rs100 fine, the wordings of the explanation of the section for possessing weapons in a notified area says imprisonment up to life and does not specify a minimum sentence." Nachan, who was a businessman, claimed he suffered huge financial losses and his family which has certain repute in the local community at Padgha village suffered a face loss among peers. He also told the court that last month his father passed away and at times when he saw him in prison, he would feel it was a mistake to ask him to surrender. But he would immediately console himself and me that judiciary will give the right decision. Similarly, Muzammil Ansari, who planted 3 bombs between 2002-2003 at Mumbai Central, Vile Parle and Mulund train blast, told the court that for the last 13 years he has suffered great mental agony being in prison. He claimed he was falsely implicated and his co-workers at the private firm in Andheri where he worked deposed falsely against him. Ansari, who face the death penalty, sought for interim bail to meet his family and said he was tortured and illegally detained by the police. Moreover, he has not been able to return anything back to his parents who educated him. Ansari is a mechanical engineer by education. He also said that while in prison he helped other inmates in writing letters to their family members. The POTA court on Tuesday convicted 10 accused, including conspirators Saquib Nachan and planter Muzammil Ansari, for planning and executing triple blasts, in 2002-2003. The court acquitted 3 accused of all charges leveled against them. On Wednesday all of the convicted pleaded for leniency in sentence before the court. (source: dnaindia.com) ************* Man gets death penalty for double murder The IV-Additional District Judge here, on Wednesday, awarded death penalty to a 30-year-old man for murdering the wife and daughter of his neighbour, who had earlier testified against him in a murder case. Additional Public Prosecutor E.R. Sivakumar said that M. Rajivgandhi alias Marimuthu (30) of Subbaiya Goundan Pudur Sungam near Anamalai, murdered Kanagaraj on November 1, 2005. The Fast Track Court in Coimbatore awarded him life imprisonment on August 7, 2006. "He made an appeal in the Madras High Court where the sentence was commuted to 7 years imprisonment. Rajivgandhi was released in 2012. He held a grudge against his neighbour N. Murugan (60) for testifying against him in the murder case," Mr. Sivakumar said. Rajivgandhi and Murugan were farm labourers who lived in adjacent houses that they built on a poramboke land. "Rajivgandhi asked Murugan for a portion of the latter's land to expand his house, which Murugan refused," Mr. Sivakumar said and added that this infuriated Rajivgandhi further. Around 6 p.m. on February 11, 2012, Murugan's wife M. Palaniammal (55) and 2 daughters M. Jothimani (31) and M. Magudeeswari (28) went to a vacant space behind their house to ease themselves, when Rajivgandhi blocked their way and attacked them with a machete. "Suffering around 18 deep cuts all over their bodies, Palaniammal and Jothimani died on the spot. Badly injured Magudeeswari fell unconscious. Murugan and his son Manikandan (26) tried to rescue the 3 when Rajivgandhi threatened to kill them. He fled on a 2-wheeler in which his accomplice, Jothimani (55), was waiting," Mr. Sivakumar added. Anamalai Police registered a case under sections 302 (murder), 307 (attempt to murder) and 506(ii) of the Indian Penal Code. They arrested Rajivgandhi about 15 days later as he was under hiding and he was lodged in jail since then. Accomplice Jothimani who helped him escape the scene died during the course of trial about a year ago. On Wednesday, judge G. Vijaya awarded death sentence to Rajivgandhi for a murder, life imprisonment for another murder and 3 years imprisonment for attempt to murder, all to be served concurrently. Rajivgandhi was lodged at the Coimbatore Central Prison. (source: The Hindu) ************** Sharad Yadav favors death penalty to liquor manufacturers Days after Bihar Government unanimously passed the Bihar Excise Bill, which holds stringent punishments, including death penalty for the country's liquor makers and sellers, JD(U) chief Sharad Yadav on Thursday said the decision was justifying and welcoming. Yadav stated that to accomplish the idea of 'liquor free state', strict measures are necessary to be taken. (source: ANI) SINGAPORE: Sarawakian on death row in Singapore to know fate next week A Malaysian man who faces the gallows in Singapore will find out next Tuesday whether his sentence is commuted by the country's Court of Appeal. Kho Jabing, 31, who is from Ulu Baram, Sarawak faces the gallows for killing a Chinese construction worker with a tree branch back in 2008 during a robbery attempt. He was scheduled to be executed on Nov 6 last year but received a stay the day before, after his lawyer filed a motion raising points of law about the way the case was handled. We Believe in Second Chances founder Kirsten Han said the Singapore-based non-governmental organisation was making arrangements to bring Jabing's family to Singapore. "Jabing's judgement will be out on Tuesday 5 April, 9.30am at the Court of Appeal," she told The Star Online on Thursday. Jabing was sentenced to death in 2010 but in August 2013, following revisions to Singapore's mandatory death penalty laws, the High Court sentenced him to life and 24 strokes of the cane instead. The prosecution challenged the decision before the Court of Appeal, which again sentenced Jabing to death in a 3-2 majority decision earlier this year. On Oct 19, Singapore president Tony Tan rejected a clemency petition before a stay of execution by the Court of Appeal. In 2013, the Singapore government amended the mandatory death penalty that gave judges the discretion to choose between death and life imprisonment with caning for all but the most serious category of murder, as well as certain cases of drug trafficking. (source: The Star) MALAYSIA: Kasthuri: Putrajaya should 'walk the talk' on executions There should be no executions until the bill to abolish the "mandatory" death penalty is tabled in Parliament. When there's a possibility of judicial blunders, no one can ensure that just and right sentences have been rendered to the accused, pointed out Batu Kawan MP Kasthuri Patto in a statement. "The government should walk the talk that there shall be no executions until the Bill to abolish the 'mandatory' death penalty was tabled in Parliament." The Attorney-General and the government should not play Russian roulette with the lives of inmates on death row by arbitrary, "secretive" and hasty executions, she added. "It should immediately impose a moratorium on executions for all crimes." The MP was commenting on the fact that it would be a week on Friday since the "secretive" execution of 3 men in Taiping. "They had been sentenced to death for a crime that took place in 2005 in Sungai Petani." The families had been given a letter from the Taiping Prisons Department on Wednesday 23 March informing them that they may visit their sons on Thursday after 9 am and that they will be carrying out the executions in the soonest time, noted Kasthuri. "The letter concluded that the families may also discuss on claiming the bodies of the 3 men after the execution for their burials." The letters had been dated 10 March and according to the families, they had only received them on 23 March, a delay of 13 days, said the MP. "This may be deliberate to deprive the families of help and support from various bodies who may try to halt the executions." While she does not condone or defend the crimes committed by the 3 men and other offenders, the nature in which the executions had taken place had been extremely shady, "secretive" and hasty, she reiterated. "To top it all, questions have been raised if any particular case had become a victim of the miscarriage of justice." It is apparent that the prisons were bent on executing the 3 men come hell or high water, charged the MP. In November last year, she reminded, a roundtable discussion had been held in Parliament by "Parliamentarians for Global Action for the Abolition of the Death Penalty" on initiatives, commitments and particularly reforms on the state of inmates on death row and the abolition of the mandatory death penalty. The main outcome of the meeting was that the government put in place an official moratorium on executions pending the assessment of the report on effectiveness of the death penalty, said Kasthuri. "The government pledged to introduce a Bill to abolish the mandatory death penalty for all offences and a review of the existing death row cases." (source: freemalaysiatoday.com) JAPAN----executions Japan executes an elderly man and a woman, despite international calls for abolition FIDH and its member organisation in Japan, Center for Prisoners' Rights, strongly condemn the execution of 2 prisoners in Japan that took place last week. On Friday 25 March, Japan's Justice Minister Mitsuhide Iwaki authorised the execution of Mr. Yasutoshi Kamata and Ms. Junko Yoshida. These are the 1st executions to take place in Japan in 2016, adding to the 14 other executions since Prime Minister Shinzo Abe was re-elected in 2012. Mr. Kamata's death sentence for murder charges was confirmed in 2005, and he was 75 years old when he was executed last week. In response to a questionnaire sent to him by a human rights group in 2015, he stated that he had "become senile and did not understand anything complicated." The execution of Mr. Kamata is particularly problematic considering the UN Human Rights Committee's recommended in 2008 that Japan adopt "a more humane approach with regard to the treatment of death row inmates and the execution of persons at an advanced age or with mental disabilities." [1] Since the UN handed down this recommendation, Japan has executed several elderly and mentally disabled individuals. Ms. Yoshida, sentenced to death in 2010 for murder, had her request for a retrial rejected last year. It is suspected that the Ministry of Justice expedited her execution in so that she could not file another petition for retrial. Following Ms. Yoshida and Mr. Kamata's executions, there remain 124 people sentenced to death in Japan. In 2020, Japan will host the United Nations (UN) Congress on Crime Prevention and Criminal Justice. Considering the growing global trend towards abolition and the multiple decisions by UN human rights bodies confirming that the use of the death penalty entails serious human rights violations, the government of Japan should abolish the death penalty before the 2020 Congress, in order to bring its laws and criminal justice system in line with international human rights standards. Our organisations strongly condemn Japan's continued use of the death penalty, and call on the government of Japan to immediately suspend all executions with a view to ultimately abolishing the death penalty. (source: fidh.org) BAHAMAS: Judge Spares Death Penalty, Laments Violent Crime Trend A judge who spared a 22-year-old man the death penalty yesterday in connection with a 2012 murder case expressed concern at an increasing trend of young men under the age of 30 being tried and convicted of violent crimes. Justice Indra Charles had been asked by prosecutor Uel Johnson to impose the death sentence on Livingston Woodside for the June 3, 2012 shooting death of Owen Rose Sr. Rose, of Elizabeth Estates, was found dead that night at Washington Street with gunshot wounds in his body. It was the Crown's case that the murder was a paid execution with Woodside, who was 19 at the time, pulling the trigger. His alleged accomplice, 19-year-old Glenardo Johnson was 16. A jury unanimously convicted both men of murder on May 1, 2015. The judge sentenced Woodside to 40 years and Johnson to 35 years imprisonment at the Department of Correctional Services to run from the date of conviction. Both were credited 3 years for time spent on remand prior to conviction, reducing their respective sentences to 37 and 32 years. "One cannot restate the number of murders committed in this country by young men like the ones in the prisoner's box," Justice Indra Charles stressed. "It bothers me why so many young men are continuously before this court. It's very rare to see someone who is 30 years old charged with these crimes. The trend, it seems, is to see them much younger as even teens are appearing in Supreme Court and it appears to me that message we (the court) are sending out is not sounding." "The court should be cognisant of the fact that just about every day the newspapers read murder," the judge also stressed. Justice Charles said notwithstanding these serious concerns, "each case must be determined on its own peculiar facts." "The Crown did seek the death penalty for Woodside. However, the court is of the firm view that because of his young age, he's not a candidate for the death penalty." The judge acknowledged the 2011 amendment to the Penal Code, which followed the Privy Council's decision in the Maxo Tido decision, which notes that only certain types of aggravated murder are currently punishable by death. These include murder of a law enforcement officer; murder of a judicial officer, including judges, registrars and prosecutors; murder of a witness or juror; murder of more than 1 person; murder committed by a defendant who has a prior murder conviction; and murder in exchange for value. "The amendment further provides that any murder committed in the course of/or in furtherance of a robbery, rape, kidnapping, terrorist act, or any other felony is punishable by death, with no explicit requirement of intent to cause death. "Justice Charles said the appellate court, in its Simeon Bain decision, ruled that the crimes named in amendments met the threshold of consideration of the imposition of the death penalty. "However, she also had to consider the case on its own merits and whether the circumstances determined it to be the "worst of the worst" and "rarest of the rare." "Justice Charles said she also had to consider Woodside's reasonable prospects for reform as presented in a probation report given to the court. "Despite the fact that this case qualifies for the death penalty, I don't think the death penalty should be imposed," the judge said. "Johnson was told that because of a provision in law, he could potentially be released after serving 20 years following a review of his time in custody because the offence was committed as a juvenile. Justice Charles ordered both men to enrol in anger management sessions as "both of you appeared to be angry throughout the trial." Jiaram Mangra and Christina Galanos represented the pair at trial. Johnson and Woodside have the right to appeal the conviction and sentences. (source: tribune242.com) From rhalperi at smu.edu Thu Mar 31 16:14:56 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 31 Mar 2016 16:14:56 -0500 Subject: [Deathpenalty] death penalty news----DEL., GA., FLA., KAN., ORE., USA Message-ID: March 31 DELAWARE: Prosecutors say Del. death penalty differs from Florida State prosecutors argue Delaware's death penalty statute avoids the pitfalls of the Florida statute. Prosecutors are arguing to the Delaware Supreme Court that the state's capital punishment process avoids the pitfalls that made the the U.S. Supreme Court strike down Florida's process. The U.S. Supreme Court in January found that Florida's scheme gave too much power to judges, and not enough to juries. The Delaware Supreme Court is now weighing whether Delaware's process is also unconstitutional in light of that decision. 3 attorneys from the Delaware Department of Justice, including Chief of Appeals Elizabeth R. McFarlan, filed a 44-page brief Wednesday refuting arguments made by public defenders that Delaware's statute is unconstitutional. "Delaware's capital sentencing procedure provides the constitutional safeguards the United States Supreme Court concluded were lacking in Florida," they wrote. The DOJ did not wish to comment beyond what was filed in court. In Delaware, the process of sentencing someone to death requires multiple steps. Once a person is found guilty of 1st-degree murder, the jury must unanimously agree that the evidence shows beyond a reasonable doubt that at least one of 22 statutory aggravating factors exists. Then, each juror has to decide whether the aggravating factors outweigh the mitigating factors. That decision does not need to be unanimous, and the judge is not bound by those findings. The jury's verdict is advisory, leaving judges with the final authority in sentencing. "Nothing in [the Florida decision] prevents a state from having the judge determine the sentence," the prosecutors wrote. They said Florida's death penalty process looks similar to an older version of Delaware's statute. However, the General Assembly in 2002 changed the statute, barring the Superior Court from imposing a death sentence unless a jury first determines unanimously and beyond a reasonable doubt that at least one statutory aggravating circumstance exists. "Florida's statute retained the role of the jury as advisor, akin to the 1991 version of [Delaware's law]," they wrote. Delaware is one of 32 states with capital punishment. The last execution in the state was in 2012, when Shannon Johnson, 28, was killed by lethal injection. Johnson had been convicted in the 2006 shooting death of Cameron Hamlin, 26, an aspiring musician. Delaware, Alabama and Florida are the only states that allow judges to override a jury's recommendation of life and, instead, impose a sentence of death. Following the Florida ruling, attorneys and judges questioned what they could mean in Delaware, where there are over two dozen pending death penalty cases and 14 men on death row. The Delaware Supreme Court agreed to consider 5 questions of the law and to hear arguments from both sides. President Judge Jan R. Jurden issued a temporary stay on all pending capital murder trials while the issue is resolved. The court is using as a test case that of Benjamin Rauf, the Temple University law graduate charged with gunning down classmate Shazi Uppal, 27, in the parking lot of a Hockessin nursing home last summer. State prosecutors are seeking the death penalty for Rauf. (source: delawareonline.com) GEORGIA----impending execution Joshua Bishop waits on courts to decide if he will be executed After taking the night to think about it, the 5 members of the State Board of Pardons and Paroles this morning rejected Joshua Bishop's plea for clemency. The decision was announced a little more than 9 hours before the 41-year-old is scheduled to die by lethal injection for the 1994 murder of Leverett Morrison in Baldwin County. If he is put to death, Bishop will be the 3rd man Georgia has executed this year. There is another lethal injection scheduled for April 12; Kenneth Fults, who was convicted of murdering his neighbor in 1996. Bishop was 19 when he and 36-year-old Mark Braxley murdered Morrison because they wanted the keys to his Jeep. The 3 men had spent much of June 25, 1994, drinking at a local bar before they moved their party to Braxley's trailer where they smoked crack. Morrison, 35, was asleep when Bishop tried to fish his keys out of his pocket. Morrison woke and challenged him. Bishop and Braxley hit him with a car battery and then beat him with a curtain rod. They left his body between 2 dumpsters, set fire to his Jeep and returned to Braxley's trailer to clean the murder scene. They they went back to the bar to drink. While Bishop confessed to the Morrison murder - as well as one investigators did not yet know about - he still went to trial and was ultimately sentenced to die. Braxley, however, pleaded guilty and is serving a sentence of life without parole. The 2 were never tried on charges of killing Ricky Lee Wills 2 weeks before they murdered Morrison but evidence of Wills' murder was used to secure a death sentence for Bishop. Bishop and Braxley had killed Wills because he had, had sexual contact with Bishop's mother, a prostitute and drug and alcohol addict. (source: Atlanta Journal Constitution) FLORIDA: Jury could hear Cocoa man's death penalty case Monday A jury could be impaneled by early next week to begin hearing opening statements and arguments in the death penalty case of a man charged with burying a 1-time beauty contestant in concrete and sand. Prosecutors say 37-year-old Vahtiece Alfonzo Kirkman, already serving a life sentence in an unrelated 2006 robbery-related shooting death, carried out the act after suspecting 22-year-old Bahamian national Darice Knowles of sharing information about the slaying with a Cocoa police officer. This week, attorneys for both sides questioned dozens of potential jurors in the Moore Justice Center courtroom of Brevard Circuit Judge Jeffrey Mahl. The jury pool was questioned about stances on the death penalty, law enforcement connections and other issues that could turn up in the court case. A final 12-member jury could be impaneled by Monday. Prosecutors want death for Cocoa man who buried woman alive The death penalty case could last another 2 weeks as prosecutors present evidence linking Kirkman to the slaying. On Thursday, Kirkman walked into the courtroom wearing a cast and sling on his right arm. The injury was unexplained. Still in chains, Kirkman looked over to his mother in the audience and then sat at the defense table, talking quietly with his attorney Frank Bankowitz. Knowles disappeared in 2006 but her body was recovered by Cocoa detectives in 2010. The remains - encased in dirt and concrete - were found a heavily-wooded site off of State Road 524 in Cocoa after a tip from a South Carolina inmate who shared a cell with the victim's boyfriend, Christopher Pratt. Pratt later took a plea deal in the case and could testify against Kirkman in the death penalty trial. (source: Florida Today) ********************** Tommy Zeigler attorneys ask for DNA testing - again A 40-year-old murder case that shocked Central Florida, casting a beloved community member as a heinous killer and sending him to death row, is getting a new set of eyes. The Medill Justice Project, an award-winning investigative journalism center that examines wrongful convictions, has selected to work on Zeigler's case from thousands of request it receives. In a chilled room on the 1st floor of Orlando's courthouse, a locked steel door holds captive what some say will prove Tommy Zeigler's innocence. A blood-stained shirt, 8 firearms and fingernail clippings. 10 floors above in Orange-Osceola Circuit Judge Reginald Whitehead's courtroom, attorneys on Wednesday fought over the items and whether they should be tested again for DNA. About half a dozen tubs house the evidence collected on Christmas Eve 1975, when Zeigler's Winter Garden Furniture Store became a bloody crime scene. His wife, in-laws and a store customer were beaten and killed there. Zeigler's lawyers say never-before-done exams could exonerate the death-row inmate. If he attacked, bludgeoned and shot the victims, his DNA should be on them, and their blood should be on him. "This is probably the most momentous time in the history of this case," attorney Dennis Tracey III said in opening statements on Wednesday. "Modern day technology can finally resolve what has been at issue for the last 40 years." Prosecutors oppose the DNA testing request because one was conducted in 2004. The results were not convincing enough to free Zeigler then and they won't be now, said Assistant State Attorney Kenneth Nunnelley. He called the techniques "suspect" and questioned if they would provide pertinent information. People touched by the case in different ways gathered for the post-conviction motion, putting four decades of history on display. Zeigler's original trial attorney Ralph Hadley sat in the front row of the courtroom, across the aisle from Orange-Osceola State Attorney Jeff Ashton, who prosecuted Zeigler in a 1989 resentencing hearing. Familes of the victims came too. Relatives of Eunice Zeigler and her parents, Perry and Virginia Edwards, shared a bench with descendants of store customer Charlie Mayes. Zeigler, now 70, did not attend, but his supporters were there wearing "exonerate Tommy Zeigler stickers." And newcomers have joined the case. DNA expert Richard Eikelenboom testified about a number of new tests he could conduct that could determine if Zeigler shot Perry Edwards at close range and dragged Eunice. Eikelenboom of Colorado said he could find whether Zeigler's DNA was transferred to other victims in the attack through a something called Touch DNA. "There will be transfer DNA if you close contact and you grab someone," said Eikelenboom of Colorado. "If you are beating someone, then transfer of blood is also very likely." On cross examination, Nunnelley tried to have Eikelenboom's testimony thrown out because he had not reviewed court transcripts. Eikelenboom testified he learned about the case through a documentary and forensic tests conducted so far. (source: Orland Sentinel) KANSAS: Kansas jury recommends death penalty for Kyle Flack, who murdered 3 adults and a baby Jurors on Thursday recommended the death penalty for an eastern Kansas man convicted of killing 4 people. FOX 4's Shannon O'Brien is in the courtroom where last week, the jury convicted 30-year-old Kyle Flack of capital murder in the deaths of 21-year-old Kaylie Bailey and her 18-month-old daughter, Lana. 1 of the aggravating factors for the death penalty is that he killed both of them in 1 action. Kansas has not executed anyone since 1965. Flack was also convicted of premeditated 1st-degree murder for killing 31-year-old Steven White and 2nd-degree murder for killing 30-year-old Andrew Stout. They were killed on separate days in the spring of 2013 near a rural farmhouse where Flack sometimes stayed in Ottawa, about 50 miles southwest of Kansas City. Prosecutors have said it's unclear what led to the shootings. The adults' bodies were found at the farm, while the child's body was found in a suitcase floating in a creek. "I do think justice was served," Andrew Stout's brother said after the jury's sentencing recommendation. "But at the same time, you know, as a human being... all families,including Kyle's, Kyle Flack's family, I think lost." FOX 4's Shannon O'Brien reports that there was a gasp in the courtroom when the jury delivered its decision. Flack had entered the courtroom in an upbeat mood, even whistling as he was brought in. As he left, he blew a kiss to his mother. During the sentencing phase, the intensity in the courtroom was high, with the state arguing that Flack should die for killing Kaylee and Lana Bailey. The defense presented Flack's difficult childhood and upbringing, highlighting generational mental illness and abuse. His attorney cried while talking to the jury about Flack being raped by his stepfather at 8 years old; a passionate plea begging the jury to spare Flack's life. "He didn't choose any of that. And so what do you expect of someone who comes out like that? How's he supposed to make any good choices?" said defense attorney Timothy Frieden. Frieden was quick to follow up, stating they are not using Flack's upbringing as an excuse for the murders, just a plea for life, not death, asking for mercy. "You are making a choice. Choose life. Choose it. It's your choice. Don't make a choice that you may regret, don't make a choice you are going to have to live with and someday say, 'the law said it was okay, it was my job,'" Frieden pleaded. While the defense asked for mercy, the state is pushing for justice. "A 21-year-old mother shot in the back of the head followed by her 18-month-old daughter shot in the back. You have to make a decision, what is appropriate justice, what is appropriate justice?" said Deputy Attorney General Victor Braden. Bailey's family and friends sat in court sobbing as Braden showed the evidence he says Flack used to bind Kaylee Bailey's hands behind her back, gag her mouth, and forced her to her knees, before shooting her in the head, her daughter Lana standing in front of her mother watching until Flack killed her, too. "He couldn't look her in the face. He shot her in the back, and Lana landed on top of her mother," said Braden. The judge will ultimately decide whether to accept the jury's recommendation, and most judges do. Flack will go before the judge again for official sentencing on May 18. (source: fox4kc.com) OREGON: Push against death penalty continued ---- Florida death row chaplain appeals for Oregon to ban the practice Dale Recinella, a Florida death row chaplain who opposes the death penalty, speaks at University of Portland. He said the death penalty in the U.S. is rooted in slavery and vigilante lynchings in the south. ---- Death penalty events -- Oregonians for Alternatives to the Death Penalty hosts a session on the Year of Mercy 5 p.m.-8 p.m. Thursday, April 7 at All Saints Parish. Keynote speaker will be Becky O'Neil McBrayer, who 10 years ago lost her mother and stepfather to murder at the hands of her youngest brother. O'Neil McBrayer, a graduate of All Saints and Central Catholic, broke years of public silence on the tragedy in an interview last year with the Catholic Sentinel. A former campaign manager, she is now director of community programs at St. Andre Bessette Parish and a board member of OADP. Also speaking at the event will be Father Tim Mockaitis, pastor of Queen of Peace Parish in Salem and leader of pro-life activities for the Archdiocese of Portland. Ron Steiner, chairman of the board of OADP, will give listeners ideas for turning faith into action. -- Elsewhere, the Oregon Innocence Project helps convicted Oregonians prove their innocence. In May, the organization is bringing a released death row prisoner to speak. Kirk Bloodsworth of Maryland was the nation's 1st death row inmate to be exonerated using DNA evidence. He will tell the story of how he came to be wrongfully convicted for the murder of a 9 year old in 1984 and was in prison for almost a decade. Testing uncovered the real killer, who pleaded guilty to the crimes and is now serving a life sentence. Like several Oregon death row inmates, Bloodsworth converted to Catholicism behind bars and is now advocates for an end to the death penalty. "If it can happen to an honorably discharged Marine Corps veteran like me, it can happen to anybody," Bloodsworth said while choking up at a Maryland State Senate hearing on the death penalty in 2007. "1 innocent person is worth every death-row inmate in the country." A documentary called "Bloodsworth: An Innocent Man" has been released. At 7 p.m., Wednesday, May 11, in the Living Room Theater in Southwest Portland, Bloodsworth will host a screening of the film. He'll also speak at a benefit for the Oregon Innocence Project, set for 5:30 p.m.-9 p.m. Thursday, May 12 at Urban Studio in Northwest Portland. For more information, go to: http://ojrc.info/oregon-innocence-project-fundraiser-with-kirk-bloodsworth/ -------------------------------------------------------------------------------- Even though Oregon doesn't use the death penalty it keeps on the books, outlawing executions in the state would help topple the practice nationwide. That's 1 message a lay Catholic death row chaplain from Florida delivered last month on an Oregon tour. Dale Recinella spoke at Central Catholic High and the University of Portland and met with ministers and other citizens in Salem and Eugene. Recinella, a retired attorney, says the Supreme Court looks at policy in the preponderance of states when deciding cases that set national legal standards. "I need you to get rid of the death penalty in Oregon," he told a gym full of Central Catholic juniors. "That could help tip the balance." Those students will be eligible to vote in 2018. That's when Oregonians for Alternatives to the Death Penalty plans to have a ban placed on the state ballot. Recinella, who retired in 1989 from a lucrative post clearing big Wall Street financial deals, calls the death penalty a "legal monstrosity" from the pre-bronze age. "It must have been a great idea in 4000 B.C., but we don't need it any more," he says. Recinella once lived a lavish life. His bedroom was the size of three Habitat for Humanity houses. He commuted from Florida to New York regularly. Then a bad oyster brought him to the brink of death. A priest administered last rites. "I found myself before Christ and he wanted to know what I was doing with his gifts," Recinella says. "Well, I was making a whole lot of money. Jesus asked, 'What about my people who are suffering?' My selfishness became so overwhelming I could not bear it." He prayed for another chance and recovered. He and wife Susan, parents of 5, began serving people on the streets in Tallahassee and eventually began a ministry for AIDS patients. A prison warden heard of their work and invited Recinella to serve inmates, a ministry Recinella resisted until his daughters told him to man up and do the work. The girls cited Matthew 25 - "what you do for the least of these, you do for me." That led him to death row. And Susan, a clinical psychologist, began a ministry of helping families of the inmates, especially once an execution date is set. "To really know about the death penalty is to lose support for it," said Recinella, who attended Notre Dame Law School. He says the death penalty most people support is a sanitized fiction. Recinella says the death penalty is not for inmates who commit the worst crimes, but for those who can't afford good lawyers. New methods of criminal investigation and legal reviews have resulted in the exoneration of scores of death row inmates. About 85 % of all U.S. executions in the last 40 years have taken place in former slave states. Recinella argues that the death penalty rose in the American south as a way to replace vigilante killings. "The death penalty in the United States is rooted in the death penalty of slavery, midwived into the modern era by 70 years of lynchings," Recinella said. "The same trees, the same executions. But now it was legal." Racial bias continues in capital punishment, he said, citing statistics showing that, even when all else is equal, the death penalty is imposed more often when the victim is white, especially if the killer is black. Recinella reminded listeners that the U.S. is the only western democracy that still imposes the death penalty. Florida has more than 400 prisoners on death row. Recinella must give the inmates Communion through a small hole in the thick metal door. He has accompanied more than 30 prisoners through their executions. His worst day on death row came when he assisted a convicted veteran who he really believed was innocent. He had to pull the man's daughters off him when it came time for the lethal injection, with the young women wailing, "Why do they have to kill my daddy? Why can't they just let him live in prison?" "It must have been a great idea in 4000 B.C., but we don't need it any more." - Death row chaplain Dale Recinella on the death penalty But life on death row is a dodgy affair. Florida's is often a hot and humid place with no air conditioning. The heat index can reach 135 in the cells. Bugs populate the block, including fire ants. Inmates stuff tissue in their noses and ears so the biting insects won't enter those orifices in the middle of the night. "What is the standard of care for people we are holding until we kill them?" Recinella asks. Recinella was chaplain for an inmate who died in agony after a botched lethal injection. The intravenous ports were misaligned and the man writhed for 30 minutes, suffering severe chemical burns inside both arms. In a talk to about 60 people at the University of Portland, he debunked biblical arguments for the death penalty, a topic on which he has written a book. The Hebrew death penalty had more than 40 absolute requirements. Among them, witnesses must have nothing to gain, there must be more than circumstantial evidence and suspects are not to have confessed. The U.S. meets none of criteria, Recinella says. He admits that the book of Exodus calls for "life for life," but points out the same passage also prescribes "eye for eye," "burn for burn," and "limb for limb." People who would consider gouging out a prisoner's eye, torching his body or amputating limbs in prison still support the death penalty he says, puzzled. One section of the Bible demands death for those who eat forbidden meat. Death penalty advocates often cite Romans 13:4 to support their cause, saying Paul's reference to the "sword" of government indicates an approval of capital punishment. Recinella points to scholars who say the word translated as "sword" is more like a knife, an ancient symbol of judicial authority, not a tool of execution. "We have to come back to people to explain to them that working from the Bible does not lead them to the answer they think it does," Recinella says. "We can't blame this on God." Pope John Paul set the church on course for opposition in the U.S. in 1999 when he said methods of incarceration are so good that the need for the death penalty is "practically nonexistent." Recinella says homilies and other Catholic statements against the practice exploded after that. "I can't find anyone who can give me a good factual reason to keep the death penalty," he says. 19 states have banned capital punishment and 4, including Oregon, have put it on hold. Texas is by far the state executing the most prisoners, 531 in the last 40 years. Ron Steiner, chairman of the board for Oregonians for Alternatives to the Death Penalty, urged students to talk to friends, write to their lawmakers and post their beliefs on social media. He also passed wrist bands and buttons calling for abolition. Steiner says Oregon spends more than $28 million per year to maintain a death penalty the state does not use, cash that goes mostly to attorneys. "The death penalty is a welfare-to-work program for state lawyers," Recinella quipped. Steiner said banning the death penalty could fund better mental health treatment and early childhood education, 2 measures that can prevent violent crime. "It is about the person on death row, but it's also about us as a people," Steiner says. "Is this the kind of image we want to project to our children?" (source: Catholic Sentinel) USA: Theodore Shoebat: 'Sluts' Who Have Abortions Should Be Put To Death Extremist right-wing activist and Donald Trump supporter Theodore Shoebat posted a video last night praising Trump's short-lived call to punish women who have abortions, declaring that "sluts" who have abortions should be put to death. "You pro-life bastards!" Shoebat screamed at the anti-choice groups who criticized Trump's initial position. "You are useless scum. Bastards. Pigs. Swine. Lower than the devils that you claim to be fighting against because you do not follow the law of God." Shoebat, who was recently featured in Janet Porter's anti-gay documentary "Light Wins" along with several Republican presidential candidates, members of Congress and leading anti-gay activists, then cited Leviticus as he declared that "all these sluts who kill their own children" should be put to death. "They had a choice to keep their legs closed," he stated. "They could have controlled themselves, and they got the abortions and they murdered their own children. Let me tell you something, I believe in the death penalty for these women and I believe that God himself agrees with me." (source: rightwingwatch.org) From rhalperi at smu.edu Thu Mar 31 16:15:38 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 31 Mar 2016 16:15:38 -0500 Subject: [Deathpenalty] death penalty news----worldwide Message-ID: March 31 PAKISTAN----executions 2 convicted by military courts hanged in Kohat 2 'terrorists' convicted by military courts for involvement in attacks on security officials and civilians were executed at a jail in Kohat on Wednesday, a military sourced confirmed. Chief of Army Staff General Raheel Sharif had signed the death warrants for Mehmood and Rab Nawaz last year. The Inter-Services Public Relations (ISPR) in September last year issued the names of 9 'hardcore terrorists' whose death sentences had been approved by the army chief. The convicts executed today were among them. The ISPR had shared the following details at the time about conviction of the militants hanged on Wednesday: Mehmood s/o Khawaza Khan, an active member of the TTP, was found involved in attacking security personnel in KP, killing 2 soldiers and injuring 13 others. He admitted his offences before the magistrate and trial court and was awarded death sentence. Rab Nawaz s/o Shahi Room, an active member of the TTP, was involved in killing of 2 civilians, processing firearms and abetting attack on military in Peshawar which resulted in death of 2 soldiers and caused severe injuries to another. In the wake of the APS carnage, military courts were set up for trying terrorists under amendments made to the Constitution and the Army Act. Political parties had unanimously agreed to setting up military courts to tackle terrorism cases in the country following the gruesome attack on the Army Public School in Peshawar in December 2014, following which the Parliament passed the 21st constitutional amendment in Jan 2015 to set up the said courts. President Mamnoon Hussain had also promulgated an ordinance further revising the recently amended Army Act to ostensibly aid the functioning of military courts by allowing for trials in camera, i.e. without the presence of the public or the media, and over video link if necessary. The Supreme Court in a majority ruling upheld the establishment of military courts in Pakistan. Petitions challenging the 21st amendment were dismissed in August this year in a majority 11-6 vote of the 17-member SC bench. Chief Justice Nasirul Mulk and Justice Dost Muhammad announced the verdict. (source: Daily Times) MALAYSIA: Who decides who's next to hang? Opposition MPs ask after Taiping executions Opposition lawmakers today questioned the execution selection process of inmates on death row following three controversial hangings at the Taiping prison last week. DAP MPs M Kulasegaran and Kasthuri Patto, along with Amanah's Kota Raja MP Siti Mariah Mahmud, pointed out that the families of the 3 inmates at the Taiping prison were only given one day to visit the inmates and that their execution will carried out in the "soonest time". "Who selects who will be up next (for execution)? No one really knows for sure," Kashturi said during a press conference at the Parliament lobby. The MPs also called for the government to hold off conducting further executions until the mandatory death penalty is reviewed. The 3 men executed in the Taiping prison were sentenced to death over a 2005 murder in Sungai Petani. Kashturi alleged that the nature of the executions were "shady, secretive and hasty." "It is apparent that the prison was bent on executing them come hell or high water," she said. Kulasegaran said the call by the MPs was to merely give judges the option on whether to hand out death penalty, rather than making the sentence mandatory. "The judge is also a human being. All we are saying is give the judge discretion," he said. Putrajaya last year announced that it was considering dropping the death penalty, but only for drug-related offences. Under Malaysia's current laws, convictions for firearms, drugs, treason and murder-related offences must result in the death sentence. (source: themalaymailonline.com) INDIA: Internship opportunity at Centre on the Death Penalty, NLU Delhi The Centre on the Death Penalty is keen to develop a robust and rewarding internship programme that will provide meaningful exposure to the complexities and nuances, in particular, of the administration of the death penalty and the criminal justice system in India more generally, therefore the centre introduces internship program where they accept interns on rolling basis. Eligibility: The internship is open to students in India and other countries, enrolled in a recognized undergraduate or post-graduate programme in the law, humanities, social sciences, management or media and communications. Duration: Internships are full-time and for a period of a minimum 4 weeks to a maximum of 12 weeks. Candidates must indicate the exact dates in their application. Interns shall be based out of our offices on the NLU Delhi campus in Sector 14. Dwarka, New Delhi 100078. Remuneration: Interns will be paid a stipend of Rs 10,000 (Rupees Ten Thousand Only) for every 4 week period of internship undergone. How to Apply The interested candidates must send their applications addressed to the Director, Centre on the Death Penalty and sent by email to nidhi.thakur at nludelhi.ac.in and deathpenalty at nludelhi.ac.in . The subject of the email should be "Application for Internship". The application must accompany the following information: Curriculum Vitae Cover Letter indicating the programme enrolled in, current year of study, name of the university and the exact dates of the internship Statement of Purpose of not more than 500 words explaining their interest in interning with the Centre. (source: livelaw.in) From rhalperi at smu.edu Thu Mar 31 21:02:06 2016 From: rhalperi at smu.edu (Rick Halperin) Date: Thu, 31 Mar 2016 21:02:06 -0500 Subject: [Deathpenalty] death penalty news----GA., UTAH, IDAHO, USA Message-ID: March 31 GEORGIA----execution Georgia executed Joshua Bishop for 1994 murder Georgia has executed Joshua Daniel Bishop for the 1994 Baldwin County murder of Leverett Morrison, the office of the Georgia attorney general announced Thursday. Bishop, 41, was put to death by lethal injection at 9:27 p.m. at the Georgia Diagnostic and Classification Center in Butts County. The sentence was carried out shortly after the United States Supreme Court denied Bishop's request for a stay of execution. A possible reprieve from the nation's highest court was all Bishop had left after the Georgia Supreme Court on Thursday afternoon declined to halt his execution. The State Board of Pardons and Paroles also denied his plea for clemency Thursday. The original execution hour of 7 p.m. came and went, as is the norm in death penalty cases. During his final evening of life, Bishop ate all of his last meal. He also received 13 visitors - a mixture of friends, clergy and legal reps - and recorded a final statement. Bishop is the 3rd man Georgia has executed this year. There is another lethal injection scheduled for April 12 - Kenneth Fults for murdering his neighbor in 1996. Bishop was 19 when he and 36-year-old Mark Braxley murdered Morrison because they wanted the keys to his Jeep. The 3 men had spent much of June 25, 1994, drinking at a local bar before they moved their party to Braxley's trailer where they smoked crack. Morrison, 35, was asleep but woke up when Bishop tried to fish his keys out of his pocket. Bishop and Braxley hit Morrison with a car battery and then beat him with a curtain rod until he was dead. They left his body between 2 dumpsters, set fire to his Jeep, and returned to Braxley's trailer to clean the murder scene. Then they went back to the bar to drink. While Bishop confessed to killing Morrison - as well as a 2nd murder investigators did not yet know about - he still went to trial and was ultimately sentenced to die. Braxley, however, pleaded guilty and is serving a sentence of life with parole. The 2 were never tried on charges of killing Ricky Lee Wills on June 9, 1994, but evidence of Wills' murder was used to secure a death sentence for Bishop. Bishop and Braxley said they killed Wills because he he'd had sexual contact with Bishop's mother, who was a prostitute and drug and alcohol addict. Bishop becomes the 3rd condemned inmate to be put to death this year in Georgia, and the 63rd overall since the state resumed capital punishment in 1983. Only Texas (536), Oklahoma (112), Virginia (111), Florida (92) and Missouri (86) have executed more inmates than Georgia since the death penalty was re-legalized on July 2, 1976. Bishop becomes the 10th condemned inmate to be put to death this year in the USA and the 1432nd overall since the nation resumed executions on January 17, 1977. (sources: Atlanta Journal Constitution & Rick Halperin) UTAH: Utah's Elimination Of Capital Punishment Reflects Growing Bipartisan Recognition Of Death Penalty's Flaws, Expert Says Utah Senate's vote to abolish the death penalty reflects a growing bipartisan recognition in some states of the documented flaws of the death penalty, including its high cost, decades-long appeals and faulty lethal injection protocols, an expert in criminal law and the death penalty said. There is another reason to abolish capital punishment, said Russell Covey, professor of law at Georgia State University College of Law in Atlanta. "State executions of the guilty sometimes impede exoneration of the innocent," he said. Covey pointed to several recent cases that illustrate this, including that of Rodney Lincoln in Missouri, who was charged with murder and assault. Despite tenuous evidence, he was convicted largely on the testimony of an 8-year-old, who survived the attack and picked Lincoln out of a lineup. Now more than 3 decades later, the witness believes serial killer Tommy Lynn Sells is the real killer -- not Lincoln, Covey explained. Details from the crime scenes of murders Sells confessed to are similar to those found in the slaying of her mother. In addition, DNA tests on the hair evidence do not match Lincoln. "Clarity might have been obtained simply by questioning Sells about the incident," Covey said. Sells confessed to numerous killings from his death row cell, helping clear up several cold cases. "But that option is no longer available because Sells was executed in 2014," the professor added. This may seem like an anomaly, but it's not, Covey said. Post-conviction DNA testing has exonerated 337 persons to date, and also identified 140 actual perpetrators whose DNA is recorded in the database. As of the start of the year, there were 2,943 prisoners on death row. "Given what we have learned as a result of DNA exonerations, it is almost certain that some of them committed additional crimes for which other innocent persons have been convicted," Covey said. In some cases, it may be difficult to argue that offenders do not "deserve" to die for their crimes - "but there are more considerations than simple blameworthiness to consider," Covey said. "For the wrongly convicted, the search for truth is never-ending, and sometimes the answers lie in the hearts and minds of convicted, and indisputably guilty, criminals," he said. "If we execute those with the darkest secrets, we make it that much harder for the innocent to find the light," he said. (source: Russell D. Covey, professor of law, focuses his research on criminal law and procedure. He is the author of numerous articles on topics including the death penalty, police interrogation, crime and popular culture, jury selection, and plea bargaining----newswise.com) IDAHO: Defense challenges death penalty in Renfro case Defense attorneys representing a man accused of killing a Coeur d'Alene police officer and stealing his patrol car are challenging the prosecution's notice of intent to seek the death penalty. The Coeur d'Alene Press reports (http://bit.ly/1VV7guz ) that lawyers for Jonathan Renfro on Friday filed a motion challenging the death penalty in order to "preserve the defendant's rights." Investigators say Jonathan Renfro, who was on parole, shot Coeur d'Alene Police Sgt. Greg Moore on May 5 as the officer questioned him because he feared Moore would find a handgun in his pocket - a parole violation. Moore died later that evening. Renfro's trial is scheduled to begin Sept. 6. (source: Associated Press) USA: Judge: Donald Fell case can continue A federal judge has rejected a defense attempt to throw out all the charges against the man accused of abducting and killing a North Clarendon woman more than 15 years ago. Lawyers for Donald Fell, 35, were seeking to have the case dismissed, arguing in court papers that government prosecutors failed to meet legal requirements regarding the wording of the indictment. In a technical, 30-page opinion issued this week, U.S. District Judge Geoffrey Crawford allowed the prosecution's case to proceed. The decision was among a flurry of legal filings in recent days that also included additional defense efforts to have the case or the death penalty thrown out. Crawford, rejecting the defense motion to dismiss, concluded the indictment largely met the necessary legal requirements, and that some portions of the indictment the defense had challenged are matters for the jury to decide at trial. Fell is facing his 2nd death-penalty trial arising from the beating death of Terri King, 53, in November 2000. A federal jury convicted Fell in 2005 and sentenced him to die, but on appeal, a judge threw out the guilty verdict due to juror misconduct during the trial. Vermont has no death penalty, but Fell is being prosecuted by the U.S. government under federal law. He has pleaded not guilty. The authorities say he and an accomplice were fleeing the double slaying of Fell's mother, Debra, and her companion Charles Conway in Rutland when they encountered King in a grocery-store parking lot. Fell and Robert Lee stole King's car, forced her into the vehicle and drove to New York state, the government contends. The pair kicked and beat King to death in a field while she prayed for her life, according to prosecutors. No charges have been filed in connection with Debra Fell's and Conway's slayings. Lee killed himself in prison before standing trial. This week, in a host of court filings, the defense: --Raised the possibility of arguing Fell was insane at the time of the crime. --Suggested that exculpatory evidence has been lost or destroyed during the case's long duration. --Asked the judge for an order "categorically exempting (Fell) from the death penalty because he has suffered since birth from neurodevelopmental disorders that are the functional equivalent of disorders already recognized as disqualifying exemptions to the death penalty." Regarding Fell's mental state, lawyers wrote in a notice to the court that the defense "continues to review the possibility of addressing insanity or mental condition evidence through expert witnesses on psychology or psychiatry (or both) in the guilt trial." Fell's trial is scheduled for February 2017 in Rutland. First, though, a proceeding is set for this summer to determine whether the death penalty is legal. The defense is seeking to have capital punishment declared unconstitutional. Lawyers will make arguments during a 2-week, trial-like hearing in Rutland that one federal prosecutor has called nearly unprecedented. Fell has been jailed since his arrest shortly after King's slaying. (source: burlingtonfreepress.com)