[Deathpenalty] death penalty news----TEXAS, CONN., S.C., GA., FLA.
Rick Halperin
rhalperi at smu.edu
Tue Mar 1 09:56:56 CST 2016
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)
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