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

[Rick Halperin]

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)