[Deathpenalty] death penalty news----TEXAS, ALA., IND., KY., ARK.

[Rick Halperin]

Nov. 8



TEXAS----new execution date

James Bigby has been given an execution date for March 14; is should be 
considered serious.

*******

Executions under Greg Abbott, Jan. 21, 2015-present----20

Executions in Texas: Dec. 7, 1982----present-----538

Abbott#--------scheduled execution date-----name------------Tx. #

21---------December 7---------------John Battaglia--------539

22---------January 11---------------Christoper Wilkins----540

23---------January 25---------------Kosoul Chanthakoummane----541

24---------January 26---------------Terry Edwards---------542

25---------February 2---------------John Ramirez----------543

26---------February 7---------------Tilon Carter----------544

27---------March 14----------------James Bigby-----------545

28---------April 12-----------------Paul Storey-----------546

29---------June 28------------------Steven Long-----------547

(sources: TDCJ & Rick Halperin)






ALABAMA:

Bill would bring firing squad executions to Alabama


An Alabama state senator Friday prefiled a bill that would give condemned 
inmates the option to request a firing squad.

The legislation from Sen. Trip Pittman, R-Montrose, the chairman of the 
Senate's General Fund committee, comes on the heels of arguments from death row 
inmate Thomas Arthur - who escaped execution Thursday night - that Alabama's 
current lethal injection process is inhumane and that he has a right to argue 
for alternative methods of execution, like shooting.

Pittman said Monday the Arthur case was part of the reason he filed the bill. 
But he also cited legal challenges to the state's execution method and growing 
reluctance from pharmaceutical companies to allow the use of drugs in the death 
penalty.

"People seem to support Second Amendment, (and) a lot of people have guns and 
ammunition," he said. "You never have to worry about supply."

Under Pittman's bill, an inmate could request a firing squad as an alternative 
to the state's 3-drug lethal injection method. If requested, a group of 5 law 
enforcement officers would carry out the sentence.

The legislation leaves the protocols for a firing squad execution up to the 
Alabama Department of Corrections and the Alabama Law Enforcement Agency. Bob 
Horton, a spokesman for DOC, said in an email Monday there was no record of the 
state conducting an execution by firing squad.

"The ADOC is obligated to follow current, or future legislation without 
preference to the method of execution as chosen by the condemned, and as deemed 
to be constitutional by state statute," the email said.

An email seeking comment from ALEA was sent Monday morning.

The U.S. Supreme Court stayed Arthur's execution Thursday evening. The inmate, 
convicted in 1982 in a murder-for-hire scheme -- Pittman Monday called him 
"basically an assassin" -- has argued the state's current execution method 
could leave him suffering unnecessary pain, a violation of the prohibition 
against cruel and unusual punishment in the Eighth Amendment to the U.S. 
Constitution.

The nation's high court ruled in 2015 that inmates challenging a method of 
execution must present a safer and more readily-available alternative. Arthur 
argued in lower federal courts that the courts should allow him to make a case 
for a single injection of pentobarbital or a firing squad.

A 3-judge panel of U.S. 11th Circuit Court of Appeals judges rejected Arthur's 
argument Thursday, saying he was contemplating methods of death not considered 
in the state law. U.S. Circuit Judge Charles Wilson dissented, arguing that 
would unfairly deny Arthur methods used in other states. The U.S. Supreme Court 
is considering the case.

Pittman said he would be open to adding other methods of execution to the bill.

"To the extent there are prisoners who are contrite or feel guilty about their 
crimes and wish to accept the sentence delivered, I want to leave them as many 
options as possible," he said.

>From 1812 to 1927, Alabama used hanging as its chief method of execution, 
usually at the county level. In 1927, the state took over executions, 
consigning the condemned to electrocution in a chair known as "Yellow Mama." 
The state switched to lethal injection as its primary method of execution in 
2002, though inmates may request the electric chair. No inmate executed since 
2002 has done so.

Utah and Oklahoma use the firing squad as a secondary method of execution. Utah 
executed Ronnie Lee Gardner by firing squad in 2010. 5 law enforcement officers 
shot Gardner with .30-caliber Winchester rifles. 1 received a wax bullet in 
place of a live one.

A Pew Research Center poll released in September found 49 % of Americans 
supported the death penalty, while 42 % opposed it. The finding represented the 
lowest among of support for capital punishment in over 4 decades. According to 
the Death Penalty Information Center, an anti-death-penalty group, the number 
of death sentences in Alabama fell from a peak of 25 in 1998 to about 6 in 
2015.

Sen. Hank Sanders, D-Selma, who for years has filed bill to end or impose a 
moratorium on capital punishment in the state, said Monday Pittman's move would 
lead him to prefile a bill to abolish the death penalty in Alabama. He said a 
firing squad would "not be appropriate for Alabama."

"That was the way people did it 100 years ago, and that has been abolished 
through most places in the world," he said. "To go back to back to that after 
it has been abolished would be a step back. A step forward would be abolishing 
capital punishment, period."

(source: Montgomery Advertiser)






INDIANA:

Prosecutor: Death penalty a possibility in Floyd County murder


It's a crime that is potentially a capital case in Indiana and Floyd County 
Prosecutor Keith Henderson said the death penalty could be on the table.

James Patrick Duffy, 25, is accused of shooting and killing veteran Lewis 
Morrison, 68, during an armed robbery Saturday in Floyds Knobs.

The search for Duffy spanned 2 counties over the weekend.

The prosecutor said Duffy and Morrison were aware of each other and the 2 had a 
mutual acquaintance who rented a portion of the victim's house.

While investigators are glad to have made this arrest, Henderson said this case 
is far from over.

Duffy silently walked into Judge Terrence Cody's courtroom Monday. He was 
formally charged with 1 count of murder and 1 count of armed robbery.

"It would be my intent to hold Mr. Duffy accountable for this act of violence," 
Henderson said during a news conference.

This all unfolded Saturday afternoon after Morrison was found shot to death in 
his Floyds Knobs home on Vale Hill Drive.

"We do not believe necessarily there were other people there at the time, other 
than the shooter and Mr. Morrison, but that is still being looked at," 
Henderson said.

While Duffy was currently on house arrest, he was not able to be tracked 
through his bracelet.

"I have been told that the bracelet possibly had been removed, but that did not 
play a factor into his apprehension," Henderson said.

On Saturday, multiple agencies were led to Duffy's parents' house on State Road 
60 in Clark County.

That's where they found him hiding in the garage. Clark County Sheriff Jamey 
Noel said Duffy took off, even firing shots at officers. He wasn't caught until 
Sunday morning after a homeowner on Bennettsville Road, not far from the Duffy 
house, called 911. Investigators said that the homeowner confronted Duffy in 
his garage, then was able to disarm him and hold him at gunpoint until 
sheriff's deputies arrived.

Henderson said Duffy was found with a fairly large amount of cash on him. 
Morrison's white 2015 F-150 pickup truck is still missing, though.

"We are still looking for that and we believe once we find it, that will yield 
some further clues that we are interested in," Floyd County Sheriff Frank Loop 
said.

The victim is being remembered as a U.S Air Force veteran, who would do 
anything for anybody.

"We are all very devastated," friend Sue Hunt said.

The prosecutor will continue to review the case and decide if he will seek the 
death penalty in the next several weeks.

Anyone with information about the victim's stolen truck is urged to call the 
Floyd County Sheriff's Department at 812-948-FCSD.

Duffy is being held without bond.

(source: WAVE news)






KENTUCKY:

Prosecutor: Death penalty possible in Floyds Knobs man's murder case


A Southern Indiana man faces murder and robbery charges.

Police say 25-year-old James Duffy broke into a home, killed a man, and set off 
a manhunt.

That deadly robbery happened Saturday on Vale Hill Drive in Floyds Knobs and 
one day later, Duffy was in Memphis, Indiana.

According to the Floyd County Prosecutor, this was not a random murder. We've 
learned the victim, Louis Morrison was a landlord and one of his tenants who 
rented a room in his home knew Duffy and that we're told is how Duffy got 
introduced to Morrison.

Duffy was supposed to be on house arrest. Neighbors we talked to say there have 
been many sleepless nights living close to the Duffy family.

For the past 6 or 7 years, Jerry Longest who lives two door down from the Duffy 
family says it has been far from a quiet living experience saying, "We've been 
fearing them for years."

This weekend, both the Floyd and Clark County Sheriffs are called wild one.

It started Saturday, detectives say 68-year-old Louis Morrison was found shot 
to death inside his Floyds Knobs home and thousands of dollars in cash was 
stolen.

"I'm real sorry for him, nobody should have to go that way, there's no reason 
for it," Longest added.

Later that night, detectives ended up at the Duffy's home.

"The helicopters are what woke me up and when I walked out on my patio, it was 
right above our tree tops and had spotlights shining in our woods," Longest 
described.

What Longest saw was a manhunt. Clark County deputies say they approached 
Duffy's home, he took off running from the garage and into the woods, they say 
Duffy shot at deputies.

"He's always been in trouble and we was always worried what was going to happen 
down here," Longest said.

It was Sunday morning when detectives say a homeowner walked into his garage on 
Bennettsville Road in Memphis and found Duffy sleep under a pool table in his 
garage. That man held Duffy at gunpoint and called police. Duffy is facing a 
murder and armed robbery charge.

"I will review the death penalty enhancement that would be available," Keith 
Henderson, Floyd County Prosecutor, said.

For Longest and his family, he says he's hopeful for a better neighborhood and 
says the past few days have been beyond intense.

The Floyd County Sheriff has released a picture similar to the Ford F-150 
police are looking for that was stolen from Louis Morrison's home. It's white 
in color with an Indiana license plate # AL304.

If you have any information, call Floyd County Police at (812) 948-5400.

Duffy remains in the Floyd County Jail. He's being held without bond.

More arrests and charges are possible, this case detectives say has had new 
turns every day.

Duffy's parents Todd and Sondra and his girlfriend Chelsea Wilson were also 
arrested over the weekend, they appeared in Clark County on lesser charges 
Monday afternoon.

(source: WHAS news)

**************

Shifting Opinions on Death Penalty in KY ---- An evolving debate continues over 
the future of the death penalty in Kentucky.


Over the past 10 years, 8 states have abolished or overturned their death 
penalties, while governors in 4 other states have issued moratoriums.

So, is the tide turning in Kentucky, one of 30 states that still allows capital 
punishment?

It has for Amy Carrino, who says she was pro-death penalty for a long time. A 
criminal justice professor at Gateway Community and Technical College, Carrino 
says too many mistakes are made.

"The thought of putting someone to death that is innocent just really got me 
thinking, and eventually I have come completely to the other side," she states.

A 2011 report from the American Bar Association exposed a myriad of problems 
with Kentucky's death penalty system, including its cost and length.

Carrino has organized a panel discussion on the issue for Wednesday night, 
which she says is an offshoot of a community-wide reading project in 8 Northern 
Kentucky counties.

Carrino says people across the region, including students in her criminal 
courtroom procedures class, have been reading "A Lesson Before Dying," a novel 
about the execution of an innocent man.

Bennett Nelson, a sophomore at Gateway, says it has him rethinking his position 
in support of the death penalty.

"I didn't realize how many people are wrongfully convicted and could possibly 
die for a reason that they didn't do anything," he states.

Earlier this year, a poll found that when Kentuckians are informed of problems 
with the state's death penalty, 72 % were concerned about executing an innocent 
person and 64 % favored making life without parole the maximum sentence.

Nelson says he now is leaning in that direction.

Gateway sophomore Shelby Carelock says she enjoyed the book, but she remains 
opposed to abolition of the death penalty.

"I still believe that it should be an option," she states. "They should get an 
ample amount [of] time to defend their case with appeals, but I don't believe 
in providing 3 meals a day to some of these people that do deserve it."

The last execution in Kentucky was 8 years ago this month.

(source: WMKY news)



ARKANSAS:

Death-row appeal of 9 not valid


Arkansas Attorney General Leslie Rutledge has asked the U.S. Supreme Court not 
to review an appeal of the state's execution law brought by 9 death-row 
prisoners.

In a brief filed Friday with the nation's highest court, Rutledge said the 
justices should decline to take the case because the prisoners chose to argue 
in Arkansas courts that the law violated the state constitution, not the 
federal law.

The Arkansas Supreme Court ruled in June that the execution law, passed by the 
Legislature in 2015, did not violate the Arkansas Constitution's prohibition on 
"cruel or unusual punishments." However, in doing so, the state court adopted 
previous U.S. Supreme Court reasoning in death-penalty challenges that were 
based on the federal constitution's Eighth Amendment.

In her majority opinion, Arkansas Justice Courtney Goodson said the state 
should adopt the U.S. court's standard in Glossip v. Gross, a 2015 case in 
which the high court said Oklahoma prisoners had to prove a known and viable 
alternative to that state's execution procedure in order to satisfy their claim 
of cruel and unusual punishment.

Both Oklahoma and Arkansas law established a 3-drug "cocktail" method of lethal 
injection using midazolam, vecuronium bromide and potassium chloride. The 
method has come under scrutiny since the botched execution of Oklahoma prisoner 
Clayton Lockett in 2014.

Arkansas law states that the electric chair should be used if the state's 
lethal injection protocol is struck down in court.

In their appeal to the U.S. Supreme Court, the Arkansas prisoners argue that 
midazolam, a sedative, fails to alleviate the pain caused by the subsequent 
drugs. Death by firing squad; or using barbiturates, anesthetic gases or 
opioids would be better alternatives, and are available to the state, they 
argue.

Those alternatives are not readily available, Rutledge said in her brief, 
because drug companies don't want to sell the sedatives for use in executions, 
and because Arkansas lacks the experience of conducting a firing squad. Even if 
the U.S. Supreme Court decides it has jurisdiction, she argued, there is no 
conflict between its prior decisions and the state court ruling.

The nine prisoners challenging Arkansas' execution protocol are Don Davis, 
Stacey Johnson, Jack Jones, Ledell Lee, Jason McGehee, Terrick Nooner, Bruce 
Ward, Marcel Williams and Kenneth Williams.

With the exception of Lee, all the prisoners have been scheduled to die, but 
their executions were placed on hold by the state Supreme Court in order to 
appeal to the federal court.

The court does not have to make a final decision until June, though it could 
decide before then or decline to take the case.

State officials have said they are prepared to restart the execution process as 
soon as possible. The state's supply of potassium chloride, however, expires in 
January and the supply of midazolam will expire in April.

Arkansas has not executed an inmate since 2005, in part because of legal 
challenges and difficulty obtaining lethal injection drugs.

(source: arkansasonline.com)