[Deathpenalty] death penalty news----GA., FLA., ALA., OHIO, MO.

[Rick Halperin]

Oct. 20



GEORGIA----execution

Georgia Executes Man For Killing A Cop In 1997----Gregory Lawler shot 2 police 
officers 19 years ago. It was Georgia's 7th execution this year.


Nearly 20 years after Gregory Paul Lawler shot and killed an Atlanta police 
officer and wounded another, the state of Georgia executed him late Wednesday, 
the Associated Press reported early Thursday.

The execution took place after the U.S. Supreme Court denied a last-minute 
request to halt his execution and hear his appeal. The request, which Georgia 
opposed, came after the Georgia Supreme Court denied his request for a stay. 
There were no noted dissents.

Lawler and his girlfriend were drinking at a bar in October 1997. They left the 
bar and had some sort of altercation in a parking lot, according to court 
records. Officers John Sowa and Patricia Cocciolone approached the couple, and 
Lawler ran home.

The 2 police officers escorted Lawler's girlfriend home, where they again 
encountered Lawler.

"Get the fuck away from my door," Lawler said, according to court records. 
After his girlfriend entered the apartment, Lawler tried to shut the door on 
the officers - but Sowa put his hand up to stop the door.

Lawler grabbed an AR-15 rifle he had placed next to the door and fired 
penetrator bullets that could pierce the bullet-proof vests the officers were 
wearing. He instantly killed Sowa and wounded Cocciolone.

After a 6-hour stand-off, a hostage negotiator convinced Lawler to surrender.

Lawler's attorneys asked the Georgia Board of Pardons and Paroles to grant 
clemency, arguing that a new diagnosis of an autism spectrum disorder helps to 
explain Lawler's erratic behavior and testimony. But on Tuesday, the board 
denied the request.

The request at the U.S. Supreme Court related to his autism spectrum diagnosis 
as well.

This was Georgia's 7th execution this year - tying Texas. No other state has 
carried out multiple executions this year.

The state uses a single drug called pentobarbital supplied by an anonymous 
compounding pharmacy that mixes the drug.

(source: BuzzFeedNews)

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

Dawson group speaks out against the death penalty


South Georgia death penalty opponents gathered for a vigil in Dawson in 
response to Wednesday's execution of Gregory Lawler.

Terrell County NAACP President Ezekiel Holley said the message was simple.

"It's time for the killing to stop," Holley said. "It's time for us as human 
beings to learn to love one and other."

Holley said he and others in the community make the trip from his office to the 
corner of Highways 82 and 520 when a state execution is scheduled. This year, 
there have been 7 in Georgia.

Recently suspended Dawson mayor Christopher Wright was among the crowd.

Holley said he hopes the outcry will convince others in the community to join 
the cause, and picketer Jamekia Johnson says it's important the next generation 
heeds that call.

"Kids today in the world don't know what's going on around you," Johnson said. 
"I think its important that we learn what goes on around us in our society."

Holley said fewer death penalty sentences are being handed down in courtrooms 
across the state, which is something he says is progress.

(source: WALB news)






FLORIDA:

Legislators preparing to readdress death penalty issue again


For the 2nd year in a row, Florida lawmakers will attempt to fix the state's 
death penalty sentencing scheme in response to court rulings finding that the 
process is unconstitutional.

Incoming Senate President Joe Negron, who will take over as head of the Senate 
after the November election, said lawmakers will have to readdress the issue of 
jury unanimity, at the heart of rulings Friday by the Florida Supreme Court, 
when they reconvene next year.

"It's going to be a unanimous verdict requirement going forward," Negron, 
R-Stuart, said.

The court on Friday ruled that a statute, passed in March by lawmakers in 
response to a U.S. Supreme Court ruling in a case known as Hurst v. Florida, 
was unconstitutional "because it requires that only 10 jurors recommend death 
as opposed to the constitutionally required unanimous, 12-member jury."

Last week's rulings left unanswered questions about the impact of the court 
decisions on Florida's 400 death row inmates. The state Supreme Court is 
expected to address the issue of retroactivity in other cases.

But Friday's decisions in 2 seminal cases - the Hurst case, which had bounced 
back to the Florida court, and another involving convicted murderer Larry 
Darnell Perry - made clear Florida justices believe a unanimous recommendation 
is required for the death penalty to be imposed.

Of 31 states that have the death penalty, Florida until Friday was 1 of just 3 
- along with Alabama and Delaware - that did not require unanimous jury 
recommendations for sentences of death.

Delaware's high court put that state's death penalty on hold following the U.S. 
Supreme Court's decision in January in the Hurst case.

There was "no ambiguity" in the Florida Supreme Court's ruling regarding the 
jury recommendation, Negron, a lawyer, said.

"There's no gray area. There's no confusion. It's very clear. I think we should 
pass a constitutional statute," he said.

Florida's death penalty has essentially been on hold since January's 8-1 U.S. 
Supreme Court decision, which found that the state's system was an 
unconstitutional violation of the Sixth Amendment right to trial by jury.

That decision said Florida's system gave too much power to judges, instead of 
juries, in sentencing people to death.

The rulings Friday by the Florida Supreme Court dealt with an issue that the 
U.S. Supreme Court did not directly address - the issue of jury unanimity in 
sentencing recommendations.

Negron said lawmakers do not need to rush to deal with the matter during a 
special session but could resolve it during the 2017 regular legislative 
session that begins in March.

But some lawyers were hoping that the Legislature would address the issue 
earlier.

In Ocala on Monday, Circuit Judge Robert Hodges put on hold the penalty portion 
of a murder trial, saying the court needed direction from the Legislature 
before proceeding.

"The effect of Perry is we have a bunch of cases that are now in limbo," said 
5th Judicial Circuit Public Defender Mike Graves, whose office represents 
Kelvin Lee Coleman and who argued Coleman's case Monday.

A jury late last week found Coleman guilty of 2 counts of 1st-degree murder.

The ruling also led to a delay of the Jacksonville murder trial of Donald 
Smith, charged with killing 8-year-old Cherish Perrywinkle in 2013.

Attorney General Pam Bondi is expected to ask the Florida Supreme Court for a 
rehearing in either the Perry or Hurst cases.

But court observers say it is highly unlikely the justices will grant a rare 
rehearing, especially given the 5-2 rulings in both cases.

If the court does not act, the Legislature must, lawyers on both sides agree.

"Somebody's going to have to do something," said Brad King, state attorney in 
the 5th Judicial Circuit.

Some judges are holding off on the sentencing phases of capital trials while 
proceeding with the portions of the trials to determine guilt or innocence.

But Friday's ruling on unanimity changes the landscape regarding jury selection 
because defense lawyers will now have to convince only a single juror to grant 
what is known as "mercy," a shift that could have a significant impact.

Defense lawyers want the courts to pause until the unanimity issue is settled.

"While we don't know the final outcome of what the rules or laws will be, how 
are we expected to question a jury about it?" Graves, the public defender, 
said.

The issue of unanimity was a flashpoint during this year's legislative session 
as lawmakers grappled with changing the sentencing scheme after the U.S. 
Supreme Court decision.

The Senate originally supported a proposal requiring unanimous recommendations 
for death to be imposed, but ceded to a House plan - pushed by prosecutors, 
including Bondi - favoring the 10-2 recommendations.

"Do we understand that we're responsible for that? Yes. We understand that. We 
understood that when we made that decision," said prosecutor King, whose 
circuit includes Citrus, Hernando, Marion, Lake and Sumter counties.

"But we thought that it was a position we should take in order to represent the 
victims' families and try to do the best we could for that group of people. 
Yes. We're responsible for that. As much as anybody else is, it was us," he 
said.

(source: Daily Record)






ALABAMA:

Men charged with killing Opelika taxi driver could face death penalty


Opelika Taxi driver William Foreman answered a call for a fare on the night of 
Aug. 30 that would be his last.

A driver discovered Foreman's body at the intersection of Lee County roads 401 
and 170 just before 6:30 a.m. on Aug. 31.

Marquavious Tirrell Howard, 25, of Opelika and Martez Anthony Simmons, 25, of 
Opelika were arrested and charged with murdering Foreman.

At a preliminary hearing Wednesday, Howard and Simmons' charges were bound over 
to a grand jury, and Lee County District Judge Steven Speakman ordered the men 
held without bond because the grand jury could return an indictment for capital 
murder.

Lee County Sheriff investigator Jennifer Bosler testified at the hearing that 
Simmons, who worked at the Burger King on Second Avenue in Opelika, saw Foreman 
come into the restaurant the evening of Aug. 30.

"Witnesses stated that (Foreman) has been known to carry $2,000 to $3,000 on 
his person," Bosler said.

Foreman had just won several thousand dollars on a bet on the Auburn versus 
Opelika high school football game, which Opelika beat Auburn 28-0, Bosler said.

Foreman received 2 calls from a phone that was traced to Simmons just after 
7:30 p.m. on Aug. 30, Bosler said.

Forman's body was discovered with 2 gunshot wounds and a shell casing was found 
from a 9 mm Luger pistol.

Forman's white Chrysler Town and Country taxi cab was discovered at 
approximately 10:30 p.m. on Aug. 31 after it was set on fire north of Columbus, 
Georgia near an apartment complex where Simmons used to live.

Simmons told police Howard shot Foreman while they were riding in Foreman's 
cab.

"(Simmons) said he saw Howard pull a large sum of money out of (Foreman's) 
pocket," Bosler said.

After the hearing, Foreman's wife, Edna Foreman hugged family members and wiped 
away tears.

"Justice is going to be served," Edna Foreman said. "You can't take nobodies 
life and expect to live yours. They tore my family up."

She supported capital murder charges being brought against Howard and Simmons, 
and she didn't have a problem with the death penalty.

"I miss my husband every day, every hour, every minute," She said. "It's not 
going to bring him back, but I thank God for justice. Justice is going to be 
served."

(source: aonow.com)






OHIO----female faces death penalty

Mom's confession in death of 3 sons under review


A judge is reviewing recorded police interviews of a woman accused of 
suffocating her 3 young sons as he considers her lawyers' request to exclude 
her confession.

Attorneys representing 24-year-old Brittany Pilkington in the potential death 
penalty case claim the statements were obtained unconstitutionally and violated 
her Fifth and 14th Amendment rights.

The defense team said authorities pressured Pilkington into confessing and she 
didn't understand what she was doing when she agreed to be interviewed without 
a lawyer. Prosecutors rejected that.

"These were not statements that were coerced but were given voluntarily," Logan 
County Chief Assistant Prosecutor Eric Stewart said.

Defense attorney Marc Triplett said police were aware of Pilkington's lack of 
mental acuity and she didn't understand when she signed a form waiving her 
Miranda rights.

Stewart countered by noting that Pilkington obtained her high school diploma 
and that she was advised of her rights by officers at the police station and 
then again at the sheriff's office.

Pilkington can be heard in the tapes telling officers that she was sleeping 
with her one son in bed and then woke up on top of him. She also was recorded 
saying she held a blanket over her other son's face.

Authorities allege Pilkington killed her 3-month-old son in August 2015, a 
4-year-old brother in April 2015 and a baby brother in July 2014 out of 
jealousy at the attention her husband gave the boys. The couple's 5-year-old 
daughter remains in the custody of relatives.

The Bellefontaine woman has pleaded not guilty to aggravated murder charges.

Her trial is scheduled for late February.

(source: Associated Press)






MISSOURI:

No decision yet in seeking death sentence for accused killer of St. Louis 
County officer ---- Teen charged with murder in morning shooting of St. Louis 
County police officer


Prosecutors have not yet made a decision of whether to seek a death sentence 
for Trenton Forster, who pleaded not guilty Wednesday in the shooting death of 
St. Louis County police Officer Blake Snyder.

The death penalty is "possible" but it's "too early for that decision," 
according to Ed Magee, spokesman for St. Louis County prosecuting attorney 
Robert P. McCulloch. Forster, 18, is charged with 1st-degree murder.

Police said Forster killed Snyder, 33, of Edwardsville, after the officer 
responded to a disturbance call in the 10700 block of Arno Drive in Green Park 
on Oct. 6. A 2nd officer then shot Forster multiple times. Forster was released 
from a hospital Wednesday and moved to the St. Louis County Justice Center in 
Clayton.

He was seated in a wheelchair for his mugshot Wednesday, but his condition 
remains unclear. Jail officials said federal health privacy laws prevent them 
from disclosing his medical status, and family members said they have not 
spoken to him since before the shooting.

Wednesday's arraignment hearing took place in Division 44 before Judge Richard 
Stewart. Forster's bail is set at $1 million.

(source: St. Louis Post-Dispatch)

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The death penalty is judicial murder


Imagine a golden retriever with gorgeous long fur, wide brown eyes, and an 
excited wagging tail, called Sam. Sam has a hard life. Sam was taken in by a 
man, called John. Now John is a drinker, he isn't nice, he makes Sam do things 
Sam doesn't want to do. When Sam doesn't listen, John kicks him, hits him, or 
chains him up outside in the rain.

After a few years, Sam has broken bones, clumps of hair hacked out from abuse. 
Sam is afraid, of everyone. He lashes out at people because he doesn't know 
that there are people who can help him. Sam lives the rest of his life in fear, 
anger and sadness.

One-day John lets Sam out in the yard. Jane is riding her bike on the sidewalk 
when she spots Sam. Jane is young, still naive to the world; she sees a dog and 
looks at it like a new friend. She enthusiastically hops off her bike and runs 
over to Sam to pet him. Sam sees her approach, sees her hands reaching out, 
sees her running over; Sam attacks.

Jane is bit, scratched, and clumps of dirt and grass mingle with the blood 
oozing from her injuries. That night, the police bang on John???s door along 
with animal control. An hour later, Sam is put down, like an animal, and no one 
bats an eye. No one protests, or screams, or begs for mercy. Now Sam is dead.

Now imagine a baby. Born into this world completely innocent. This baby is not 
prejudiced, scorned or manipulated by time. But time is inevitable. This baby 
is the victim of abuse; a broken home; an ineffective educational system; and a 
criminal justice system ready to make him another statistic.

30 years later, he is a man. He is hardened inside and out by a society that 
sees him as a nuisance. This man views the world as his enemy. One day this man 
makes a horrible mistake. This man's kills a person. He beats her to death in a 
park. This man is tried and convicted of capital murder and sentenced to death 
by lethal injection. Years of appeals, only lead to an execution date. He is 
executed 15 years after being put on death row. Now he's nothing more than a 
statistic.

If you get nothing else from these scenarios, remember this: Never look at a 
human being and see him or her as trash that needs to be thrown away.

At a lecture at my school, Saint Louis University School of Law, Steven Bright 
told a story of a general and a soldier. The soldier came to the general and 
said, "Sir, we have a problem." The general said, "We don't have problems, we 
only have opportunities." The soldier then said, "Sir, we have one hell of an 
opportunity."

Missouri has one hell of an opportunity. Missouri still has the death penalty. 
Taking another person's life is the definition of murder. To continue to have 
the death penalty implies that we don't value human life like we should. 
Someone commits a homicide, and then the state kills the alleged perpetrator. 
Now we have 2 people whose lives have been taken. 2 families who have lost a 
loved one.

2 wrongs don't make a right. 2 deaths won't bring back the deceased. We've got 
to stop looking at our criminal justice system as a form of vengeance. If we 
want people to practice their own form of justice, we can just go back to the 
time where people were lynched for crimes by angry mobs before they could even 
get a trial. We should look at the crime rates and asking ourselves, "What are 
we accomplishing by killing people and calling it justice"?

(source: Guest Column; Desiree Austin-Holliday is a student at Saint Louis 
University School of Law----stlamerican.com)