[Deathpenalty] death penalty news----N.H., ALA.

[Rick Halperin]

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)