[Deathpenalty] death penalty news----TEXAS, OHIO, NEB., KAN.

[Rick Halperin]

May 19



TEXAS----book review

"The Long Shadow of Small Ghosts: Murder and Memory in an American City"


It is not often that I find a book about Brownsville included on a list of 
books being talked about as the most anticipated titles being released by the 
major New York publishing houses.

So I was surprised and interested when I found, "The Long Shadow of Small 
Ghosts' by Laura Tillman listed among those books being talked about at Winter 
Institute and included in an anthology of early releases which I receive as a 
bookseller.

On March 11, 2003, in Brownsville, John Allen Rubio and Angela Camacho brutally 
murdered their 3 young children. The apartment building where this horrific 
crime took place was already run-down, and in the years following the murders, 
a consensus developed in the community that the building should be destroyed. 
It was a place, some felt, that was haunted and spiritually bereft.

In 2008, Tillman commenced her successful journalism career with a stint at The 
Brownsville Herald. New to the valley, moving here from Connecticut, Tillman 
started by covering local interest stories and was assigned to cover a debate 
over what should happen to this building, a debate which continues to this day.

What started as a special interest feature became a 6-year inquiry into the 
toll of this crime on the city of Brownsville as well as the larger 
significance of such acts, ones so difficult to explain that their perpetrators 
are often written off as monsters.

Tillman over a period of years has researched the case file, interviewed the 
friends, neighbors and family surrounding the crime, talked with those involved 
in prosecuting and defending Camacho and Rubio.

While ambivalent about the value to her investigation Tillman also contacted 
John Allen Rubio himself, and corresponded with him for years and ultimately 
met him on death row where he currently resides.

Her correspondence and meetings with Rubio are at once heartbreaking and 
disturbing, and Tillman's explanation of her own feelings as she engages with 
him deepens the narrative rather than distracts. How does one reconcile the 
image of a monster, capable of such inhumane and grotesque actions with the man 
who claims to have loved his children beyond all else, and who could be any of 
thousands of young men who have been left behind after suffering from neglect 
or abuse?

As mass shootings or other horrific acts of violence become more frequently 
reported in our daily lives the questions of how those closest to these events 
are affected becomes more widespread. Can a building itself be evil?

What affect does it have to be continually reminded of some indescribable 
violence by the mere presence of the building where it occurred? Tillman 
questions our complicity in cases where mental illness, poverty, drug use, and 
despair go unaddressed and ultimately lead to some unbearable or indescribable 
act of horror. How does a community where an awful crime has been committed 
work toward healing after the cameras have been packed up and the reporters' 
notepads put away?

How much compassion does a mentally ill person who has murdered deserve?

"The Long Shadow of Small Ghosts" is a brilliant exploration of some of our 
age's most important social issues, from poverty to mental illness to the death 
penalty, and a beautiful, profound meditation on the truly human forces that 
drive them. It is disturbing, insightful, and mesmerizing in equal measure.

"The Long Shadow of Small Ghosts" by Laura Tillman

Scribner, 256 pages, ISBN 9781501104251

(source: Valley Morning Star)






OHIO:

Jury to Consider If Ohioan Should Be Executed for Killing 3


A jury in Cleveland is expected to hear final arguments Thursday and could 
begin deciding whether to recommend that a man be sentenced to death for 
killing 3 women and wrapping their bodies in garbage bags.

Prosecutors told jurors on Wednesday that 38-year-old Michael Madison deserves 
execution because of the circumstances surrounding the killings.

Defense attorneys argue Madison's life should be spared because of 
psychological damage caused by child abuse.

The jury convicted Madison of aggravated murder earlier this month for killing 
38-year-old Angela Deskins, 28-year-old Shetisha Sheeley and 18-year-old 
Shirellda Terry. Their bodies were found near Madison's East Cleveland 
apartment in 2013.

If the jury recommends the death penalty, a judge will decide if Madison should 
die by lethal injection or spend the rest of his life in prison.

(source: Associated Press)






NEBRASKA:

Former Death Row Inmate Dies in Prison


A man who was adopted by a central Nebraska family and was nearly executed for 
murder has died in prison.

Randolph Reeves, 60, died at the Nebraska State Penitentiary.

He was serving a life sentence for 2 murders committed in 1980 at a meeting 
house of the Quaker religious community.

Reeves, who was Native American, was raised by a Quaker family from Central 
City who adopted him.

He was sentenced to death, but courts later overturned his sentence. He was 
scheduled to be executed in 1999.

Some of the family members of the 2 murdered victims had argued against the 
death penalty. Quakers oppose the death penalty.

When Reeves appeared to be headed to the electric chair, Quaker leaders said in 
a press release about "the extraordinary level of forgiveness by the families 
of both victims."

While cause of death has not been determined, initial reports indicate natural 
causes. As is the case whenever an inmate dies in the custody of the Department 
of Correctional Services, a grand jury will conduct an investigation.

(source: nebraska.tv)






KANSAS:

Death penalty fills courtroom with emotion


While victims' families wept, Kyle Trevor Flack smiled and giggled.

The 30-year-old Ottawa man was sentenced to death by a Franklin County district 
judge Wednesday morning in Franklin County District Court, 301 S. Main St., 
Ottawa, almost exactly 3 years after the bodies of a mother, her 18-month-old 
daughter and 2 men were discovered May 2013 at a farmstead west of Ottawa.

In the eastern courtroom, District Judge Eric Godderz said Flack committed the 
crimes without justification in a cowardly, senseless fashion.

"The 1 thing though, Mr. Flack, is that no one will forget what harm you have 
done," Godderz said addressing Flack. "You'll never get another chance to do it 
again."

The victims' families - filling the seats on the right side of the room - 
clapped. Flack, clad in an orange jumpsuit with his wrists handcuffed, smiled 
as he swayed back and forth in his chair.

"The court believes he knew the difference between right and wrong," Godderz 
said. "He knew what he was doing. He could've done something different, but he 
didn't."

The judge's sentencing comes after the jury's recommendation March 31 of the 
death penalty for the 2013 capital murder of Kaylie Bailey, 21, and her 
18-month-old daughter, Lana, for which Flack was convicted March 23.

Flack also was found guilty of 2nd degree murder for the killing of Andrew 
Stout, 30; 1st degree murder for the killing of Steven White, 31; and criminal 
possession of a firearm.

Godderz also sentenced Flack to 267 months (about 22 years) on the 2nd degree 
murder charge; and to life in prison without the possibility of parole for 25 
years in the 1st degree count and to 9 months for criminal possession of a 
firearm.

Flack's sentences will run consecutively, served at the El Dorado Correctional 
Facility. His case will automatically be reviewed by the Kansas Supreme Court.

Victims' family members - all weeping and some trembling - stepped up to the 
podium or submitted letters to tell Flack and the judge the thoughts they have 
been carrying for the last 3 years.

Jackson Anderson, the older brother of Andrew Stout, submitted a letter for 
Franklin County Attorney Stephen Hunting to read in his absence.

"I can count on one hand how many I can trust and my brother was one of them," 
Jackson said. "Not just my best friend, the one guy I could count on for 
anything. Like all siblings we all argue, but the best thing about us was 
everything was over at midnight no matter what."

Karon Anderson, Andrew Stout's mother, whose letter also was read, said she has 
become more cautious of meeting new people since Flack "abused and tortured" 
her son. She said a piece of her heart is gone.

"Yes, he was 30, but he will always by my baby," she said. "I wonder what 
really happened but we'll probably never know. That is a torture in itself. I 
lay awake a lot of nights and tears just roll down my face and there is an 
emptiness in my heart that hurts constantly. My heart feels like it wrenches 
and sometimes I can't breathe...I wish I could hear his voice one last time and 
to see his smile."

Neil Stout, Andrew Stout's father, said to the judge he couldn't understand how 
somebody could kill his son.

"I really don't know what to say other than I lost my best friend," he said. "I 
don't understand how something like this happens. I hope nobody ever has to go 
through. He tried to help anybody he could. He was a good person."

Randi White, Steven White's wife, said the last 3 years in court have taken a 
toll on friends and family. She read letters from her children, Austin and 
Ashlynn, who were just 3 and 6 respectively when they lost their father.

"My son could have 3 or 4 nightmares a night, nightmares where he screams out 
for his daddy," she said. "His daddy should be able to protect him from these 
dreams, but he's gone."

Ashlynn wrote she felt a pain that she had never felt before when she found out 
he died. Austin wrote he felt sadness deep in his heart.

"In 3 days, it will be 3 years since we buried my husband and we're just now 
being able to heal," she said.

Carla Fisher, Steven White's mother, said there is not a day that goes by that 
she doesn't think of her son. She said she has trouble sleeping at night.

"I just lay awake wondering why this could happen," she said. "My son wasn't 
perfect, but he didn't deserve to die the way he died."

Shawn Bailey, Lana Bailey's father and Kaylie Bailey's former husband, said he 
cannot forgive Flack for killing his loved ones and stealing future memories 
with them. He said Flack is a "baby killer."

"You stole from me future memories," he said. "I will never have my little girl 
run into my arms, give me a hug and tell me she loves her daddy. I will never 
get to play dress up with Lana or see her start school. Never get to scare the 
boys trying to date her or see her walk across the graduation stage. And never 
hear her laugh again or hold her while she naps. Never will I be able to 
apologize to my wife for not being good enough."

James Smith, Kailey Bailey's father, who did not wish to be part of court 
proceedings, expressed thoughts in a letter dated October 2013.

"What would I want done? What type of punishment would I see fit?" he said. 
"Would rather not see a punishment. I would rather not need to write this 
letter. I'd like them to be alive sitting here with me."

Rachel Helms Bailey, Lana Bailey's grandmother, said she has tried to write her 
thoughts down, but evilness has destroyed her.

"I laugh no more, I smile no more," she said. "When he took that baby and did 
... the things he did, my heart's gone. It's gone."

And finally, Lisa Smith, Kaylie Bailey's mother, spoke about her youngest 
daughter and only grandchild.

"They were beautiful, they were precious, they were adored," she said, pausing. 
"They were mine. They are dead."

"...Every morning entire families part ways for the day and nobody knows that 
it will be the last time they ever see each other. But on May 1, 2013, someone 
knew. Someone knew that Kaylie and Lane had left home and left me for the last 
time."

After the prosecution's arguments for each sentence, Flack declined to speak 
when Godderz gave him the opportunity. At one point, he laughed.

Tammy McCoy, Flack's mother, sat in the row of chairs directly behind her son.

"I'm not going to talk to nobody, honey," McCoy said after the hearing.

Jurors' agreement followed a nearly 3-week jury trial that began March 7 and 
delved into the events that led to the discovery of 3 adult bodies at a rural 
Ottawa home at 3197 Georgia Road in May 2013. The body of the 4th victim, Lana 
Bailey, was found days later tucked in a suitcase in an Osage County creek.

During the penalty phase of the trial, Flack's defense team presented 3 days of 
testimony on mitigating factors - such as testimony about his unstable 
upbringing and extensive mental health history - in an effort to win a life 
sentence rather than the death penalty.

If the prosecution had not sought the death penalty on the capital murder 
charge in the killings of the Baileys, life imprisonment would have been the 
presumed sentence by law, the defense said previously.

The prosecution's threefold grounds for the death penalty included Flack's 2005 
conviction in a previous violent crime, knowingly or purposely killing the 
Baileys, and killing Kaylie Bailey in a "wicked, shockingly evil and vile 
manner." Jurors agreed 2 of 3 aggravating factors - killing mother and child 
and killing heinously - outweighed Flack's broken past.

Godderz denied the defense team's motions for judgment and a new trial. 12 
errors cited in their motion could become basis for appeal.

Prosecutors - Hunting and Victor Braden, deputy Kansas attorney general - 
delivered a statement at Ottawa's courthouse steps Wednesday.

Hunting thanked his office, the Kansas Attorney General's office, the Major 
Case Squad, all law enforcement who assisted, families for patience and 
community support. Hunting said the prosecution's side has cost the county 
hundreds of thousands of dollars for investigation, court proceedings and 
litigation.

"As I've said before, whether we had chosen to do death penalty pursuit or just 
life without the possibility of parole pursuit, either one was going to be 
enormously expensive due to the nature of the case and the complexity of the 
case," Hunting said.

Hunting said the case is the worst in Franklin County history. Braden said the 
case is one of the most complex in Kansas.

(source: Ottawa Herald)