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

[Rick Halperin]

Oct. 4



TEXAS:

Supreme Court rejects Texas death row inmate's plea for DNA testing in murder 
case


The Supreme Court will not allow additional DNA testing of evidence a death row 
inmate in Texas says could show he didn???t kill a suburban Houston college 
student.

The justices on Monday rejected an appeal from Larry Swearingen, who was 
convicted of abducting, raping and killing 19-year-old Melissa Trotter in 1998.

Swearingen has sought to test fingernail scrapings from Trotter, items of her 
clothing and cigarette butts found near her body. The trial court in his case 
has twice ordered the testing, but was reversed by the state Court of Criminal 
Appeals on both occasions.

(source: KFOR news)






NORTH CAROLINA:

DA wants death penalty in Asheville mom-child shooting case


Prosecutors are seeking the death penalty against a man accused of killing a 
woman police say was his girlfriend and of shooting her 3-year-old child in the 
head.

Nathaniel Elijia Dixon, 24, is charged with 1st-degree murder and 1st-degree 
attempted murder and child abuse while inflicting serious injury. He is also 
charged with 1st-degree murder of an unborn child. That is because Candace 
Elaine Pickens, 22, was pregnant May 12 when she was shot twice in the head in 
Jones Park in North Asheville. She was in her 1st trimester of pregnancy.

"We believe the evidence will show at least one aggravating circumstance," 
Buncombe County Assistant District Attorney Frank "Pat" Patton told Superior 
Court Judge Alan Z. Thornburg at Monday's brief afternoon hearing, where 
prosecutors announced they would seek the death penalty. District Attorney Todd 
Williams was also present and spoke with Pickens' family members.

This is the 3rd time Williams has sought the death penalty since he took office 
in January 2015.

Dixon appeared in a brown jump suit and shackles with long hair and a ponytail 
and beard. He did not speak during the proceeding but at one point made an 
obscene gesture at a photographer taking his picture.

Dixon's attorney Jack Stewart said he would be working with attorney Stephen 
Cash as co-council and said they would be ready to proceed. Dixon's next court 
date is set for March 6. Stewart did not return a call to his office Monday 
after the hearing.

Pickens' father and stepmother, Richard and Charlene Pickens, were at the 
hearing and afterward said they don't want Dixon executed if he is found 
guilty.

"For me, because of my faith, I don't believe in the death penalty," said 
Richard Pickens, who said he attends the First Church of the Nazarene in 
Hendersonville. "But justice has to do what it has to do."

Charlene Pickens said the death penalty "is too easy."

"He should sit there for the rest of his life and suffer for what he's done to 
our daughter and our grandson," she said.

Her stepmother said she helped raise Candace Pickens. She said she asked her 
whether she was pregnant and said she knew her stepdaughter was even though she 
denied it. The couple said Candace never introduced them to Dixon, though the 2 
dated for 5 or 6 months, according to police reports. But Charlene Pickens said 
her stepdaughter did send her a cell phone photo of Dixon at her request.

The couple said they have not missed a court hearing.

Richard Pickens said he has decided not to despair and considers the time he 
spent with his daughter a blessing.

"I know she was a gift the Lord gave me," he said.

An early-morning jogger found Pickens dead in the park with her son Zachaeus.

Zachaeus underwent 2 surgeries to repair the damage to his eye and head. He 
remained in the hospital and rehab for about 2 months before returning home. 
Family members said the boy made a full recovery. He is now with his father 
Daquan Waters, a Fletcher native who has gotten help from community members and 
even famous entertainers such as rapper The Game.

When news of Pickens' death first broke, some attention around her killing 
focused on whether she was threatened because of her pregnancy. Friend Vanessa 
Peterson said Pickens came to her house to get away from Dixon after an 
argument. Pickens told her Dixon said he would kill her if she didn't have an 
abortion, Peterson said. But Peterson said the 2 women didn't take it 
seriously.

Police said Dixon and Pickens had been at Chuck E. Cheese in Asheville before 
the shooting, but they had an argument and Dixon left. Court documents say 
after Pickens and Zachaeus had been shot, Dixon ditched Pickens' car in 
Weaverville, about 10 miles from Jones Park. He then called a friend for a 
ride, according to search warrants.

Later, cellphone records placed Dixon in his mobile home where he had been 
living with Pickens since the beginning of April.

Dixon and a West Asheville woman left for Columbus, Ohio, about 10 the next 
morning. Columbus police arrested Dixon later that day, and he was extradited 
to Asheville.

Dixon had three appearances in Buncombe County District Court after being 
detained. He was indicted by a grand jury in Buncombe County on Aug. 1, and his 
case was transferred to Superior Court.

Pickens' father and stepmother say they are raising money for Zachaeus for a 
scholarship to which he'll have access once he's 24 years old, or 18 if he goes 
to college. Their efforts include an Oct. 15 even at Tarheel Lanes in 
Hendersonville. They can be contacted at justice4candace at yahoo.com.

(source: Asheville Citizen-Times)






ALABAMA:

SCOTUS rejects Alabama Death Row inmate's appeal for 1987 Cullman motel clerk 
slaying


The U.S. Supreme Court said Monday it won't review the appeal of Alabama death 
row inmate Doyle Hamm, who was convicted in the 1987 slaying of a motel clerk 
during a robbery.

Hamm was sentenced to death for his conviction in the shooting death of Patrick 
Cunningham during the robbery on Jan. 24, 1987.

After his trial, the jury recommended on September 28, 1987, by a vote of 11 to 
1, that Hamm be sentenced to death. The judge followed the recommendation and 
imposed the death penalty.

The New Yorker magazine recently published a story on Hamm's case and the 
inmate's lawyer of nearly three decades, Bernard Harcourt, who is now a 
professor at Columbia Law School in New York.

Efforts to reach Harcourt after Monday's ruling by SCOTUS were unsuccessful.

Harcourt found in the early 1990s that a 1977 robbery from Tennessee - which 
Hamm denied committing - was used to convince jurors to sentence Hamm to the 
death penalty, The New Yorker reported. The victim in that Tennessee crime said 
later there was no robbery, the magazine reported.

In another twist, when a state judge ruled against Hamm in an 89-page opinion, 
the opinion appeared to have been written by the Alabama Attorney General's 
Office, the magazine stated. The issue had made the news around that time.

"The judge's opinion was identical to a document submitted to the court 1 
business day earlier by the Attorney General's office. They even shared a 
title: "Proposed Memorandum Opinion" - apparently, the judge had not even 
removed the word "Proposed" before signing it," The New Yorker story stated.

An earlier federal appellate court opinion laid out the following facts of the 
crime and case:

"At approximately 10:30 p.m., Kathy Flanagan stopped at the motel (the Anderson 
Motel in Cullman) to rent a room for the night. While Flanagan was registering, 
a small-framed white male entered the motel to ask about a room.

Cunningham informed the male that he needed a reservation, and the male left. 
Moments later, the 1st male returned accompanied by a 2nd male wearing blue 
jeans and a faded green army jacket. Cunningham told Flanagan that 'it 'looks 
like there is going to be trouble' and apparently pointed Flanagan in the 
direction of a room, but Flanagan returned to her car," according to the court 
opinion. From her car, Flanagan saw the individual in the green jacket point a 
revolver at the registration desk but could not see behind the desk; she also 
saw the 1st male standing by the door and noticed a banged-up 1970s model car 
in the parking lot, with its engine running, and possibly a 3rd individual 
inside. Flanagan left the scene, drove to a nearby telephone, and called police 
to report a possible robbery.

Upon arriving at the motel, police discovered Cunningham's body on the floor 
behind the front desk. Cunningham had been killed by a single shot to the head 
from a .38-caliber pistol. The evidence further established that he had been 
shot in the temple from a distance of approximately 18 inches while he was 
lying on the floor.

Cunningham's wallet, containing approximately $60 was missing, as was 
approximately $350 from the motel's cash drawer.

A Cullman police officer learned that 2 men matching the descriptions given by 
Flanagan were also wanted for a robbery-murder that had taken place in 
Mississippi that same day. A nickel-plated .38-caliber revolver had been taken 
during that robbery."

On January 25, the same officer spoke with Douglas Roden, who had been stopped 
while driving a car matching the description given by Flanagan. Roden claimed 
that he and his sister-in-law, Regina Roden, had been kidnapped by Hamm and 2 
others. Roden further stated that he and Regina had been held captive in a 
trailer home during the time of the motel robbery while Hamm and another 
individual left with the car. In addition, Roden asserted that he and Regina 
had escaped the trailer that morning and had taken the car. Roden directed 
police to the trailer. At some point, the police learned that the trailer was 
owned by Hamm's nephew.

Later that day, a search warrant was obtained for the trailer and a 
fugitive-from-justice warrant was obtained for Hamm for a robbery in 
Mississippi. Id. During the search of the trailer, authorities discovered a 
nickel-plated .38-caliber pistol, a green army jacket, and several rounds of 
.38-caliber ammunition, including some in the pocket of the jacket.

Hamm was arrested and booked on the fugitive warrant. He initially denied any 
involvement in the murder and robbery at the Anderson's Motel, and Flanagan 
failed to identify Hamm in a lineup. Nevertheless, Hamm was placed under arrest 
for the motel robbery. Id. The next day, Hamm gave a statement to the police 
that was recorded, in which he admitted his initial statements were false and 
he confessed to the robbery and murder of Cunningham.

Subsequently, it was discovered that the Rodens had lied in their initial 
statements. They had not been kidnapped and, in fact, Douglas and Regina were 
the 2 individuals present with Hamm at the Anderson's Motel during the robbery 
and murder; Douglas was the 1st male individual to enter the motel. The Rodens 
entered into agreements with the state where, in exchange for testimony against 
Hamm, they would receive lesser charges. Douglas agreed to plead guilty to 
murder and received a life sentence; Regina pled guilty to robbery and 
hindering prosecution."

(source: al.com)






OHIO:

Ohio plans January execution using new 3-drug combination


Ohio said it plans to resume executions in January with a new 3-drug 
combination after an unofficial moratorium dating to early 2014 and blamed on 
shortages of lethal drugs. It said it will return to an approach it previously 
used to execute dozens of inmates.

The state will use the drugs midazolam, which puts the inmate to sleep; 
rocuronium bromide, which paralyzes the inmate; and potassium chloride, which 
stops the heart, the Department of Rehabilitation and Correction announced 
Monday in a development first reported by The Associated Press.

The drugs aren't compounded and are approved by the U.S. Food and Drug 
Administration, state Assistant Attorney General Thomas Madden said at a 
federal court hearing.

The U.S. Supreme Court upheld the use of such a combination in a ruling last 
year regarding Oklahoma's execution protocols.

Attorneys representing death row inmates promised an immediate appeal.

The development opens the way for the Jan. 12 execution of Ronald Phillips for 
the rape and murder of his girlfriend's 3-year-old daughter in Akron in 1993. 
The state also plans to carry out executions on Feb. 15 and March 15.

Ohio hasn't put anyone to death since January 2014, when Dennis McGuire 
repeatedly gasped and snorted during a 26-minute procedure using a 
never-before-tried 2-drug combo.

The state used midazolam in McGuire's execution, making it disappointing that 
it would again turn to that drug, said Allen Bohnert, a federal public defender 
representing several death row inmates.

"Following the McGuire execution debacle, they very deliberately and 
specifically refused to use midazolam any longer for an execution," Bohnert 
said.

The state's former policy called for 10 milligrams of midazolam. The state now 
plans to use 500 milligrams, Madden said.

The prisons agency said state law shields the origin of the drugs. The agency 
said it plans to proceed with the Phillips execution after filing the new 
execution protocol with the judge.

The announcement is a return to a similar three-drug process the state used 
from 1999 to 2009, during which it executed 32 inmates. The state also used 
potassium chloride in those executions, along with other sedatives and 
paralyzing drugs.

In 2009, Ohio switched to one drug, a powerful dose of a sedative, and carried 
out 20 executions until the sedatives used became unavailable when 
pharmaceutical companies put them off limits for capital punishment.

The state's largest anti-death penalty group, Ohioans To Stop Executions, 
criticized the announcement, saying recommendations from a state Supreme Court 
committee that studied the death penalty should be put into place first to 
ensure fairness in the system.

The Ohio chapter of the American Civil Liberties Union called the news 
disheartening, saying that using new drug combinations "amounts to little more 
than human experimentation."

Ohio and other states have struggled to find legal supplies of execution drugs.

The state has more than two dozen inmates with firm execution dates sitting on 
death row, with executions scheduled out as far as October 2019.

After McGuire's execution, the longest in Ohio using lethal drugs, the prisons 
agency changed its policies to allow for single doses of 2 alternative drugs. 
Complicating matters, neither of those drugs - sodium thiopental and 
pentobarbital - is available in the United States after their manufacturers put 
them off-limits for executions.

Madden said the state "tried hard and long" to obtain those drugs before 
announcing the new process. The state has unsuccessfully tried to find 
compounded or specially mixed versions.

Last year, Republican Gov. John Kasich ruled out looking for alternative 
execution methods, such as the firing squad or hanging.

In 2014, Kasich signed into law a bill shielding the names of companies that 
provide the state with lethal injection drugs.

Supporters said such confidentiality is necessary to obtain supplies of the 
drugs and the measure is needed to restart executions. Opponents said it was 
naive to think the bill could truly protect companies' names from being 
revealed.

A federal judge sided with the state.

(source: Associated Press)

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

U.S. Supreme Court upholds death penalty for Springfield man


The U.S. Supreme Court has upheld the death penalty sentence of a Springfield 
man.

The court rejected the appeal of Jason Dean, who was convicted of murdering 
Titus Arnold during a robbery attempt in 2006. Arnold was a youth counselor.

Arnold's death came at the end of a 4-day shooting spree in Springfield. Dean 
was also convicted of the attempted murders of 6 people.

Dean stole $6,000 from Arnold. A teenager with Dean at the time, Joshua Wade, 
fired the fatal bullet. Wade received a life sentence.

The Ohio Supreme Court ruled 6-1 last year that Dean showed little remorse and 
the circumstances of the slaying during a robbery outweighed any evidence Dean 
presented in his favor.

The state Supreme Court had previously ordered a new trial for Dean even as the 
justices acknowledged substantial evidence of his guilt.

That unanimous ruling said a Clark County judge was so biased against Dean's 
attorneys that it tainted his trial. Dean was re-tried and sentenced to death.

(source: WDTN news)






KANSAS:

High court rejects Kan. serial killer's death penalty appeal


The U.S. Supreme Court has refused to review the death penalty case of Kansas 
serial killer John E. Robinson Sr., meaning his capital murder conviction and 
sentence will stand for now, Kansas Attorney General Derek Schmidt said in a 
statement Monday morning.

Robinson, 72, will now have an opportunity to pursue a 2nd round of appeals, 
known in legal circles as collateral attacks. Those types of challenges - which 
originate in state court - include things like whether an attorney provided an 
effective defense and allegations of misconduct.

After they are exhausted, Robinson can file a 3rd set of appeals - these 
originating in federal court - before his execution would be carried out.

Robinson - known for storing the bodies of his victims in barrels - was 
convicted of capital murder by a Johnson County jury in 2002 in connection with 
the murders of at least 6 women. In November, the Kansas Supreme Court upheld 
his death sentence during his direct appeal, prompting Robinson's attorneys to 
ask the U.S. Supreme Court to review the ruling.

The death sentence was the first upheld by the Kansas Supreme Court since the 
state reinstated capital punishment in 1994. The court later upheld Scott 
Cheever's death sentence.

The last executions in Kansas, by hanging, were in 1965. Robinson is among 10 
men awaiting execution in Kansas and is the 1st to exhaust the 1st set of 
appeals available to him. The other cases are all still working their way 
through the 1st set of appeals.

Listed by the county and year of conviction, they are:

-- Gary Kleypas (Crawford County, 2008): For the March 30, 1996, rape and 
murder of a Pittsburg State University student. The Kansas Supreme Court 
overturned his sentence in 2001, but another jury condemned him to death again 
in 2008.

-- Jonathan and Reginald Carr (Sedgwick County, 2002): For 4 shooting deaths 
in Wichita during a crime spree in December 2000.

Death penalty: 'This is how it's supposed to work'

-- Sidney Gleason (Barton County, 2006): For the shooting deaths of 2 people. 
Prosecutors said Gleason and his cousin Damian Thompson worried that one of the 
victims would tell police about their involvement in the stabbing and robbery 
of a 76-year-old man.

-- Scott Cheever (Greenwood County, 2007): For the January 2005 shooting of 
Sheriff Matt Samuels at a home near Virgil, where authorities also found a 
suspected methamphetamine lab. The Kansas Supreme Court overturned Cheever's 
conviction in 2012, saying his right against self-incrimination was violated by 
prosecutors who used a court-ordered mental evaluation from a different trial 
against him. A year later, the U.S. Supreme Court overturned the decision, 
noting that Cheever's own expert raised the issue of whether methamphetamine 
use had damaged his brain. After a 2nd look, the Kansas Supreme Court in June 
ruled the conviction and death sentence would stand.

-- Justin Thurber (Cowley County, 2009): For the January 2007 abduction, 
sexual assault and killing of a 19-year-old Cowley College student. Her body 
was found in a wooded area near where her car had been sunk in a lake.

-- James Kraig Kahler (Osage County, 2011): For the November 2009 murders of 
his estranged wife, her grandmother and his 1 daughters. Kahler was reportedly 
upset that his wife had allegedly taken a female lover and filed for divorce.

-- Frazier Glenn Miller Jr. (Johnson County, 2015): For the April 2014 
shooting deaths of 3 people outside Kansas City-area Jewish sites.

-- Kyle Trevor Flack (Franklin County, 2016): For the shooting deaths of 3 
adults and an 18-month-old child.

The Kansas Supreme Court is also considering the direct appeal of an 11th 
death-row inmate, Douglas Belt, who was convicted of the June 25, 2002, sexual 
assault and decapitation of Lucille Gallegos in Wichita. Belt died in prison in 
April, but his appeal remains active.

Justices heard oral arguments in his case in September and plan to issue a 
ruling at a later date.

(source: The Wichita Eagle)






NEBRASKA:

Nebraskans get chance to air views on death penalty during public hearings


An official public discussion of the death penalty will get underway next week 
as the Secretary of State holds hearings on the November ballot issue.

In November, Nebraska voters will decide whether to uphold or overturn the 
Unicameral's move to repeal the death penalty.

Secretary of State John Gale moderates hearings in each of the Congressional 
districts.

"So, these public hearings by law are giving both sides a formal opportunity to 
present their position as well as allowing the public to testify if they want 
to express their views," Gale tells Nebraska Radio Network.

Gale understands the gravity of the issue before voters.

"I would say that it's probably equally as emotional and highly charged as any 
other issue I've seen in my 16 years as Secretary of State," Gale says.

The University of Nebraska, Omaha hosts the 1st hearing on the 11th. 2 days 
later, the University of Nebraska, Kearney hosts a hearing. The hearings wrap 
up at the state Capitol on the 18th.

State law requires public hearings on ballot issues.

These hearings are on Referendum No. 426, the formal number on the ballot, 
asking voters to either retain or repeal Legislative Bill 268. The Unicameral 
in 2015 approved LB 268 over the veto of Gov. Pete Ricketts, repealing the 
death penalty in favor of the sentence of life in prison. A petition drive not 
only gathered enough signatures to force a public vote, but enough to keep the 
repeal from going into effect.

Supporters of the legislative action will speak first, followed by opponents. 
Any member of the public is welcome to testify. Gale will moderate the 
hearings.

The dates, times and locations for each hearing are as follows:

-- October 11, 2016, 6:30 p.m.

University of Nebraska, Omaha

Barbara Weitz Community Engagement Center, Rooms 201, 205 & 209

6400 University Drive South

Omaha, NE

-- October 13, 2016, 6:30 p.m.

University of Nebraska Kearney

UNK Nebraskan Student Union, Ponderosa E

1013 West 27th Street

Kearney, NE

-- October 18, 2016, 6:30 p.m.

Nebraska State Capitol, Room 1525

Lincoln, NE

(source: Nebraska Radio Network)