[Deathpenalty] death penalty news----ALA., LA., MO., KAN., CALIF.

[Rick Halperin]

May 1



ALABAMA:

Alabama court upholds 4 death sentences----Including man who killed 3 
Birmingham officers


The Alabama Court of Criminal Appeals has upheld the death sentence of a man 
convicted of killing 3 Birmingham police officers more than a decade ago.

The judges rejected the appeal Friday of death row inmate Nathaniel Woods, who 
claimed among other things that his lawyer wasn't effective during his trial.

Woods was condemned in the fatal shootings of officers Carlos Owen, Harley 
Chisholm and Charles Bennett in 2005. Another man, Kerry Spence, also is on 
death row for the slayings.

Separately, the appeals court upheld the convictions and death sentences of 
Alonzo Morris and Anthony Lane, convicted in separate killings in Jefferson 
County. The U.S. Supreme Court had ordered the state to take another look at 
Lane's case because of questions about his IQ.

The court also upheld the death case against John Russell Calhoun from 
Talladega County.

(source: Associated Press)






LOUISIANA:

DA association backs bill aimed at troubled Louisiana Public Defender Board


The Louisiana Public Defender Board is under fire for how it funds defendant 
representation in capital murder cases and is the target of a state House Bill 
that would winnow its membership as the state's public defenders crisis 
continues to deepen.

House Bill 1137, formerly House Bill 818, sponsored by Rep. Sherman Mack 
(R-Albany), would reduce the Louisiana Public Defender Board's membership from 
15 to 11 and would make other changes to the board's funding.

That legislation is one of the more recent developments in the state's public 
defenders crisis. In March, the Louisiana branch of the American Civil 
Liberties Union and the state's Supreme Court Chief Justice issued dire 
warnings about the state's underfunded public defenders offices, a problem that 
has been accumulating for years.

With strained operating budgets and no relief in sight, some parishes have 
restricted the rights of indigent defendants, which have left many languishing 
in jail. 33 of the state's 42 public defenders offices have been forced to 
restrict services and as many as half of those offices are on the verge of 
being insolvent.

A federal court is set to consider whether the public defenders crisis in 
Louisiana has created a debtors prison system in the state.

Against that backdrop, House Bill 1137 would seem to be just 1 more flash 
point, but Louisiana District Attorneys Association Executive Director E. Pete 
Adams told the Louisiana Record that would miss its real importance.

"The bill is much more than that," Adams said in an email interview. "There is 
mounting evidence that the board has been and is operating in a fiscally 
irresponsible manner. This board must be re-organized to give local public 
defenders more voice and a greater share of available funding. That is exactly 
what HB 1137 seeks to accomplish. It removes four law professors from the 
board, gives local (public defenders) some voice and directs 65 % of the state 
appropriation to the locals."

The bill cleared the House on April 18 with a vote of 93 yeas to 3 nays, with 
only Reps. Lawrence A. "Larry" Bagley (R - Stonewall), Dodie Horton 
(R-Haughton) and Edward C. "Ted" James II, (D-Baton Rouge) voting against the 
bill. Eight state Representatives -- Neil C. Abramson (D-New Orleans), James K. 
Armes III (D Leesville), Kenny R. Cox (D-Natchitoches), Julie Emerson 
(R-Carencro), Bob Hensgens (R-Abbeville), Mike Johnson (R-Bossier City), 
Barbara M. Norton (D-Shreveport) and Scott M. Simon (R-Abita Springs) -- were 
absent.

The bill now is in the Senate Committee on Judiciary B.

Louisiana District Attorneys Association's interest in the legislation is 
fairly recent, Adams said.

"The district attorneys had adopted a neutral position on this bill until 
recently when we decided that the board's decisions were directly and 
unnecessarily leading to halting felony prosecutions in many jurisdictions 
across the state," Adams said. "The chief public defender recently admitted 
that, if the board would direct only 60 % of the state appropriated $33 million 
to local (public defenders), there would be no restriction of services in any 
district. Why on Earth would they not have already done so to avoid stalling 
hundreds, perhaps thousands of cases? Maybe to create a case for more funding?"

Louisiana's Public Defender, James T. Dixon Jr., who answers to the Louisiana 
Public Defender Board, has repeatedly and vehemently denied accusations brought 
up by the board's detractors, stating the board responsibly distributes its 
insufficient resources. Board officials have said expenditures in the state's 
death penalty litigation actually assist local offices because state-funded 
non-profit law firms take over those cases, freeing local officers to handle 
less complicated and less expensive cases.

Adams countered that those death penalty cases are not the whole problem.

"The issue of capital case funding is illustrative, but not exhaustive of the 
board's failings," he said. "There are many other suspect policies that this 
board should reconsider. Most local public defenders agree, but are fearful to 
speak up. This bill was generated by a few brave local (public defenders). More 
and more of them are having the courage to support it. They now have our 
support as well."

(source: louisianarecord.com)






MISSOURI:

Hannibal man facing murder charges in January shootings


A Hannibal man who police believe is responsible for the Jan. 12 shooting death 
of a Hannibal woman and is suspected of also shooting her husband was charged 
with 1st-degree murder Friday.

Marion County Prosecuting Attorney David Clayton has not ruled out seeking the 
death penalty against Timothy M. Brokes Jr., 35. Clayton on Friday charged 
Brokes with 1st-degree murder and armed criminal action in the death of 
Brittany Gauch, 30, and first-degree assault and armed criminal action in the 
shooting of her husband, Aaron Gauch, 32.

"My office has been in contact with Aaron's and Brittany's families, and they 
will be advised every step of the process," Clayton said in a statement. "All 
sentencing options are on the table, including possibly pursuing the death 
penalty."

Brokes is being held in the Marion County Jail on $1.5 million cash-only bond. 
He has been in jail since he was arrested after a Jan. 13 shooting between him 
and a police officer in nearby Monroe County.

According to a probable cause statement filed in Brokes' case, he told Hannibal 
police investigators that he was responsible for both shootings. Brokes and his 
girlfriend, June B. Smith, 34, of Hannibal, gave investigators similar accounts 
of what happened before the shootings.

Smith said she, Brokes, the Gauches and a juvenile went to Wal-Mart, 3650 
Stardust Drive, at about 2 p.m. Smith said she stole batteries, while Brittany 
Gauch bought pseudoephedrine pills. The two women then went to Pick-A-Dilly, 
2601 St. Marys Ave., to buy coffee filters.

Smith told police she knew Brokes and Aaron Gauch were making methamphetamine. 
Brokes told police he and Aaron Gauch made meth at Brokes' residence in the 
2500 block of Chestnut Street the day of the Gauch shootings.

Brokes said he and Aaron Gauch went to County Road 432 to get wood. Marion 
County Sheriff's Department deputies were dispatched to the driveway of 8953 
County Road 432 for a possible shooting. Aaron Gauch was found lying on the 
ground with multiple gunshot wounds to his abdomen. Gauch told police Brokes 
shot him and ran him over with a truck.

Brokes told police he shot Aaron Gauch while he was at the back of the truck, 
firing through a window. He said he pulled Gauch out of the truck, put him on 
the ground, and ran him over with the truck. Brokes said Aaron Gauch had put 
him in a headlock during the fight, and he shot Gauch because he feared Gauch 
was going to steal the truck.

Brokes told police he shot Brittany Gauch at their residence in the 1100 block 
of Summer Street. Hannibal police arrived there at 9:25 p.m. after a neighbor 
called 911. Police said Brittany Gauch had two bullet wounds on the right side 
of her back.

Brokes said he ordered Smith to clean the truck with bleach that night. He told 
police he threw the spent shell casings from the shootings out his window as he 
drove to Quincy, Ill., that night. He said he used a .357 Magnum revolver that 
he had taken from his father, the same gun used in the Monroe City shooting.

The Marion County charges were filed more than 2 1/2 months after the shootings 
took place.

"There are a number of reasons why the charges are being filed now," Clayton 
said. "First, the defendant was immediately lodged in the Marion County Jail on 
charges of assaulting a law enforcement officer from Monroe County. This 
allowed all law enforcement agencies involved to complete their investigations 
into the death and injury of the Gauch victims. Second, it has allowed my 
office to monitor the condition of Aaron Gauch to determine the most serious 
charges with which to charge Brokes. Finally, it has allowed my office to 
research the possibility of seeking the death penalty against the defendant."

Brokes also has been charged with 1st-degree assault of a law enforcement 
officer, armed criminal action and hindering prosecution of a felony in Monroe 
County. He is alleged to have shot Monroe City police officer Jonathan "Travis" 
Pugh as the 2 exchanged gunfire in Monroe City as Pugh was trying to take 
Brokes into custody. He is being held on $500,000 bond in that case. He has 
pleaded not guilty and is next due in court on June 2.

Smith has been charged in Monroe County with hindering prosecution of a felony. 
She has pleaded not guilty to the charge and is scheduled to go to trial June 
13. She is in the Marion County Jail on $50,000 cash-only bond.

(source: The Herald-Whig)






KANSAS:

Kansas House approves changes in judicial selection process


A proposal approved in the Kansas House would give the secretary of state a 
role in how the nine-member commission that names three finalists for each high 
court vacancy elects its members.

The bill approved Saturday would require that the secretary of state receive a 
roster of lawyers eligible to participate in the elections of the commission's 
attorney members. Another provision would give the authority for counting 
ballots cast by lawyers for the commission members to the attorney general and 
secretary of state.

Currently, 2 or more licensed lawyers chosen by the chief justice serve as the 
canvassers. Democratic Rep. John Carmichael, of Wichita, said that change would 
violate the separation of powers between branches of government.

"There has never in 50 years been any suggestion of any form of impropriety in 
connection with those elections," Carmichael told The Associated Press. "They 
run efficiently and inexpensively under the direct supervision of the clerk of 
the Kansas Supreme Court."

Representatives voted 72-50 Saturday in favor of the bill following a turbulent 
passage through the chamber. The Kansas House initially voted 57-56 against a 
version of the bill to give the governor a bigger voice in who is nominated for 
the Kansas Supreme Court, but later voted 64-56 to reconsider so that lawmakers 
could draft a new version and try again.

The bill came amid broad discontent from Gov. Sam Brownback and other 
conservatives over the court's rulings against the state on school funding and 
overturning death penalty verdicts. The decision to overturn death sentences 
for brothers Jonathan and Reginald Carr for the killings of four people in 
Wichita in December 2000, they said, argues for the need to reassess the 
selection process.

The state's high court judges are chosen by a nonpartisan nominating commission 
consisting of 5 attorneys elected by other lawyers and 4 public members 
selected by the governor. 1 of the 5 attorneys is the chairman. When a Supreme 
Court opening occurs, the commission chooses three finalists whose names are 
sent to the governor for a final selection.

Currently the chief justice of the Supreme Court chooses replacements if the 
chairman or attorney commission members resign before their terms are 
completed. Negotiators removed a controversial provision in the bill that would 
have allowed the governor to appoint replacements instead.

The current judicial selection system arose after a 1957 scandal in which the 
incumbent governor was defeated in the Republican primary and resigned. The 
lieutenant governor then appointed him to fill a vacant Supreme Court seat. 
Attorneys became part of the election process to avoid favoritism.

Supreme Court nominating commission selections also would now be open to the 
state's open meetings and records acts, which Republican Rep. John Barker, of 
Abilene, said would increase transparency. "I would like to see how the 
attorneys vote on ... the judiciary committee."

But Carmichael argued that the measure still poses "serious constitutional 
concerns."

"You do not make this major change and risk constitutional infirmities without 
some good reason to do so," Carmichael said. "This legislation is unnecessary."

The Senate could vote on the measure Sunday.

(source: Associated Press)






CALIFORNIA:

Alleged baby killer case proceeds: DA: prosecutors consider 2 difficult, 
emotional murders


A San Mateo County Superior Court judge reviewed 34 pieces of evidence as 
prosecutors proceed with charging a 27-year-old Redwood City man for the murder 
a 17-month-old girl.

The 2 1/2 day preliminary hearing culminated Friday in the case against Daniel 
Contreras, who is accused of molesting and killing his girlfriend's daughter in 
August.

District Attorney Steve Wagstaffe said he expects to make a decision on whether 
to seek the death penalty in the coming months, but will await a meeting with 
Contreras' defense attorneys.

"We will give them a full chance to come up with whatever they want to," 
Wagstaffe said, noting issues such as mental health or a person's upbringing 
are often factors the defense presents. "During my tenure as district attorney, 
I have not sought the death penalty in any case, but ... there's going to be 
some very serious discussions."

On Friday, Superior Court Judge Joseph Bergeron denied the defense's motion to 
suppress statements Contreras made to police before and after his arrest. 
Bergeron agreed Contreras can be tried on 5 felonies, including murder with 
special circumstance of murder during child molestation, Wagstaffe said.

Contreras has pleaded not guilty to all charges and his defense attorneys could 
not be immediately reached for comment.

The toddler, Evelyn Castillo, was found unconscious and unresponsive in an 
apartment on the 400 block of Madison Avenue around 2:30 p.m. Aug. 6, 2015. 
Contreras had been dating the mother for just 2 months when he convinced the 
woman to leave him alone with the child for the 1st time, according to 
prosecutors.

Over the course of several hours, Contreras allegedly repeatedly sexually 
molested the girl, including by oral copulation. When the child wouldn't stop 
crying, Contreras fatally beat her, according to prosecutors. He contacted his 
mother and initially claimed the child fell off the changing table, but an 
autopsy established his story was false, according to prosecutors.

The case was continued to May 13 for Superior Court arraignment.

The victim's family has been steadfast in their attendance through all of the 
court proceedings and are "very interested in seeing justice occurs," Wagstaffe 
said.

Although he's been to over 250 murder scenes during his tenure as a prosecutor, 
Wagstaffe noted cases such as these are never easy.

And currently, he has 2 pending in court. A 2nd man is also being charged with 
murdering his girlfriend's child.

Marco Antonio Alvarado-Cisneros, 24, is accused of murdering his girlfriend's 
18-month-old son in unincorporated Redwood City in August 2014. 
Alvarado-Cisneros was caring for the baby named Dante Nava, at their apartment 
while the mother went to work. That night, the man called 911 claiming the baby 
may have had a seizure and fallen off the bed. An autopsy revealed numerous 
injuries including several human, adult bite marks, according to prosecutors.

Alvarado-Cisneros continued to live with the girlfriend after the baby's death 
and even had another child with her. About a year later, the mother reported to 
police numerous domestic violence attacks, kidnapping and robbery of her by 
Alvarado-Cisneros.

He was arrested and a subsequent investigation led to his arrest for murder of 
the baby. He is charged with murder, kidnapping, battery and willful infliction 
of corporal punishment, according to prosecutors.

Alvarado-Cisneros is facing 35 years to life in prison. His case does not meet 
the state's criteria for consideration of the death penalty, Wagstaffe said. A 
preliminary hearing has been scheduled for August.

Both Alvarado-Cisneros and Contreras remain in custody without bail.

Wagstaffe noted the cases appear "to be simply incidental as to the 2 occurring 
in the same general time frame."

He even recalled a particularly unusual period in the late 1990s when five 
cases of a baby being murdered struck the county in just 2 or 3 years.

Wagstaffe noted these are the types of cases that undoubtedly have an effect on 
the public. Having helped select juries and questioned when a potential juror 
might support the death penalty, suspects who kill children never fare well, he 
said.

"There is one thing that is a truism; when it is a child that is a victim of a 
murder, no matter what, the emotion that gets stirred is very strong," 
Wagstaffe said. "When you're dealing with a vulnerable victim, there's far less 
tolerance or sympathy. The act remains inexplicable and horrific."

(source: San Mateo Daily Journal)