[Deathpenalty] death penalty news----TEXAS, PENN., GA., OHIO, ARK., OKLA., CALIF.

[Rick Halperin]

April 2



TEXAS:

Smith County judges eye pay increase for court-appointed attorneys in capital 
murder death penalty cases


The dwindling number of Smith County defense attorneys who are willing to take 
on capital murder death penalty cases for indigent defendants has prompted 
local district court judges to consider raising the hourly compensation.

During a recent meeting of the Smith County Council of Judges, Judge Jack Skeen 
Jr. with the 241st District Court said he believes the number of local 
attorneys on the list is down because the compensation is not sufficient to 
take the attorneys away from their regular practice and to make up for the 
stress they are going to incur while working the case.

In addition, he said, the hourly rate is insufficient to compensate them for 
their expertise.

"I just think it's time for us to look at it," he said.

The issue has come into play recently with Judge Christi Kennedy of the 114th 
District Court having to hire 3 out-of-county attorneys to represent defendants 
in a case in her court.

In another example, criminal defense attorney Jeff Haas, who is representing 
Gustavo Zavala-Garcia in a capital murder case, said he had been unable to find 
a 2nd-chair attorney for the case and believed the compensation rates were part 
of the problem.

Another part of the problem comes down to the circumstances after a conviction, 
he said.

Because of the mandatory appeals, the case isn't over when there is a 
conviction, and some attorneys don't want to be as tied up as long as they are 
when they do this type of case.

The fee schedule as outlined by an October 2001 local order calls for lead, or 
first chair, attorneys in capital cases, in which the state seeks the death 
penalty, to be paid $80 per hour for out-of-court time and $100 per hour for 
in-court time.

Co-counsel, or 2nd-chair attorneys, receive a rate of $50 per hour for 
out-of-court time and $60 per hour for in-court time.

The order goes on to say the lead counsel shall not receive more than $40,000 
in attorney fees for a capital murder death penalty case. Co-counsel shall 
receive no more than $22,500 in the same situation, according to the order.

That said, the order allows for the district court judges to increase or 
decrease the fees as they deem necessary.

"Total compensation ... shall be determined by the judge upon the circumstances 
and complexity of each case," the order reads.

When the local attorneys on the approved list are taken, the district court 
judges have to look for and hire out-of-county counsel, which often means 
paying more because of hotel stays, mileage and meals.

Though these rates may make many professionals envious, the amount of time, 
energy and stress involved in these cases is difficult to match.

"When you're the defendant's lawyer in a capital case, you stand between the 
defendant and death," said criminal defense attorney Buck Files of Tyler who 
has represented 9 defendants in 11 capital cases. "It is the most stressful 
challenge I believe any lawyer can ever have."

Because of the gravity of these cases, the time investment is huge. An attorney 
puts aside everything else to try to take care of the client, Files said.

Working on one of these cases essentially means an attorney focuses exclusively 
on this case. In addition, a capital murder case is not over when a guilty 
verdict is announced and a sentence read.

There are mandatory appeals, and although different attorneys are appointed to 
represent a defendant on appeal, the original attorneys often find themselves 
having to defend their work on the trial for years if their former client 
claims "ineffective assistance of counsel," which they typically do, in 
post-conviction proceedings.

So, in committing to represent a defendant in a capital murder death penalty 
case, the attorney is committing for the long haul.

Files said it is not uncommon for expert witnesses to receive much more than 
defense lawyers get in a case. He said in a case in which a partner in his firm 
served as defense attorney, the investigator and mitigation specialist got paid 
more than he did.

"(The) problem from my perspective in a capital murder case (is) the only 
people who are asked to sacrifice, other than jurors ... are criminal defense 
lawyers," Files said. "Everyone else gets to draw their standard rate."

The fee schedules for court-appointed attorneys in these types of cases vary 
statewide, Files said, adding that, to be fair, he has seen Smith County judges 
pay more in some cases.

For Haas, though, it comes down to a personal conviction as to why he is 
willing to represent indigent defendants charged with capital murder.

"I have a responsibility to the judicial system to do these cases," he said.

After discussing the issues of compensation rates, the judges ultimately 
decided to table it. Though they had some proposed rates for 1st- and 2nd-chair 
attorneys, they had not decided on maximum compensation amounts, or if they 
wanted them.

Kennedy said she does expect the judges to take up the issue again at their 
next meeting, which has yet to be scheduled. Like Kennedy, Skeen would like to 
see changes made.

"I think we have to try to do the best we can for them to be compensated," 
Skeen said. "I just think the old order is out of date."

(source: tylerpaper.com)






PENNSYLVANIA:

Frein trial will focus on forensic evidence


The case against accused cop killer Eric Matthew Frein isn't so much a question 
of guilt or innocence as it is of life or death, several area attorneys said.

Facing a mountain of incriminating circumstantial evidence, Frein's attorneys 
will be hard-pressed to credibly argue for an acquittal at his capital murder 
trial, which starts Tuesday in Pike County Court, the attorneys said. The real 
question is whether Frein will be sentenced to death or life in prison, they 
said.

"He basically gave a confession," said Bob Buehner, former longtime district 
attorney in Montour County. "You have flight. You have all the forensic 
evidence that's been meticulously documented. This is a prosecutor's best wish 
come true."

Pike County District Attorney Ray Tonkin wants to put Frein, 33, of Canadensis, 
on death row for the Sept. 12, 2014, sniper attack outside the Blooming Grove 
state police barracks that killed Cpl. Bryon K. Dickson II, 38, of Dunmore, and 
wounded Trooper Alex T. Douglass, 34, of Olyphant. Following a 48-day manhunt 
that spanned Pike and Monroe counties, he was captured on Oct. 30, near an 
abandoned airport hangar in Monroe County.

Frein is charged with 1st-degree murder, 1st-degree murder of a law enforcement 
officer, attempted 1st-degree murder, attempted 1st-degree murder of a law 
enforcement officer, assault of a law enforcement officer, 2 counts each of 
terrorism and possession of weapons of mass destruction, and 1 count each of 
recklessly endangering another person, discharge of a firearm into an occupied 
structure and possession of an instrument of crime.

He pleaded not guilty to all counts. 12 jurors and 6 alternates chosen from 
Chester County will hear the trial. It is expected to last several weeks.

Years of preparation

The start of the trial culminates 2 1/2 years of preparation by prosecutors and 
Frein's attorneys, William Ruzzo and Michael Weinstein.

Frein was first identified as a suspect three days after the ambush, when James 
Novak was walking his dog and stumbled upon a Jeep Cherokee partially submerged 
in a retaining pond in the woods near the barracks. The Jeep was registered to 
Frein's parents. Police obtained a search warrant and found Frein???s driver's 
license, Social Security card, camouflage face paint, flashlights, a black 
hooded sweatshirt, 2 empty rifle cases, military gear and other items inside 
the Jeep.

As the manhunt dragged on, many residents of Pike and Monroe counties lived in 
fear as hundreds of heavily armed law enforcement officers swarmed the region. 
Schools shut down. Residents, particularly those living near the Seneca Lane 
home Frein shared with his parents, were ordered to remain inside when 
authorities responded to sightings. It came to an end when U.S. Marshals 
scouring the woods came upon Frein outside ahangar and took him into custody 
without incident.

Frein is not charged with any offenses for fleeing, but the manhunt is expected 
to play a role in the case because it is evidence of consciousness of guilt, 
said attorney Peter Paul Olszewski Jr., a former district attorney and judge in 
Luzerne County.

"You want to establish it's obvious he knew law enforcement was chasing him," 
Olszewski said. "He was fleeing. Why was he fleeing? Because he (allegedly) 
shot 2 troopers."

'Hardness of heart'

The case is expected to rely heavily on the massive amount of forensic and 
physical evidence uncovered while Frein was on the lam and after his capture.

To prove 1st-degree murder, prosecutors must show Frein was the shooter and 
that the crime was an intentional, premeditated act committed with malice or 
"hardness of heart."

Tonkin appears to have overwhelming evidence of both, Buehner and other 
attorneys said.

"What is the defense?" Olszewski asked. "Is it that someone else did it? If not 
him, then who?"

Ruzzo and Weinstein declined to comment on their defense strategy.

Al Flora Jr., former chief public defender for Luzerne County who previously 
defended several death penalty cases with Ruzzo, said the defense will 
cross-examine prosecution witnesses and experts to ensure forensic tests were 
conducted properly, and that proper procedures were followed. The magnitude of 
the evidence against Frein will be difficult to overcome, he said.

"They will test the prosecution's case just to make sure the defendant's rights 
are fully protected," Flora said. "In the end, this is going to be a tough one 
for any defense lawyer."

Evidence against Frein began to mount as the manhunt to find him continued. 
Authorities uncovered additional evidence through multiple search warrants, 
including Frein's home.

There, investigators found a checklist they believe Frein wrote of items he 
needed to survive in the wilderness, including "undies, sleep clothes and 
poncho liner." They also found information on computers that indicated Frein 
researched the attack for more than a year.

Another big break in the case came on Sept. 29, 2014, when searchers found a 
makeshift campsite they believe Frein abandoned as searchers neared. The site 
produced perhaps the most damning evidence against him - pages from a journal 
in which authorities say he chillingly described the shooting:

"Friday, Sept. 12, got a shot around 11 p.m. ... He dropped. I was surprised at 
how quick. ... I took a follow-up shot on his head and neck area. He was still 
and quiet after that. ... Another cop approached the one I just shot. ... As he 
went to kneel, I took a shot at him, one jumped in the door. His legs were 
visible and still. I ran back to the Jeep. ... I made it maybe half a mile from 
the GL (gamelands) road and hit a (police) road block. I didn't expect one so 
soon. It was only 15 to 20 minutes. ... I did a K-turn a quarter mile from them 
and pulled into a development I knew had unfinished access road. Hearing helos 
(helicopters), I just used my marker lights, missed the trail around a runoff 
pool and drove straight into it. ! Disaster! Made half attempt to stash AK(-47) 
and ran."

Prosecutors will need to prove Frein penned the writings. The pages were turned 
over to handwriting experts, who are expected to testify at the trial. 
Authorities also have DNA evidence that ties him to a water bottle and other 
items found at the campsite.

Investigators found other incriminating evidence, including the .308-caliber 
rifle used in the attack, at the airport hangar where Frein was captured. 
Ballistics reports showed the casings found at the crime scene matched the 
rifle.

Prosecutors say Frein also made incriminating statements to investigators 
following his arrest, telling them he committed the crime to "wake people up." 
It is not known yet if the statements will be introduced at trial because his 
attorneys filed a motion to suppress them. Pike County Judge Gregory Chelak 
will rule on that motion before opening statements begin.

Proving terrorism

Other charges against Frein stem from his actions during his time on the run. 
He is charged with 2 counts of possession of weapons of mass destruction for 2 
unexploded pipe bombs searchers found at the campsite where investigators say 
he stayed as he eluded capture.

He also faces 2 counts of terrorism based on the statements he allegedly made 
to troopers following his arrest and a letter he allegedly wrote to his parents 
about a year before the attack. To prove the terrorism charges, prosecutors 
must show Frein committed the crimes in an attempt to "affect the conduct of 
government."

The letter was found on a thumb drive discovered at the airport hangar. The 
letter complains that our nation "is far from what it was and what it should 
be. ... There is so much wrong and on so many levels only passing through the 
crucible of another revolution can get us back the liberties we once had." It 
goes on to say: "Tension is high at the moment and the time seems right for a 
spark to ignite a fire in the hearts of men. What I have done has not been done 
before and it felt like it was worth a try. ... I tried my best to do this 
thing without getting identified, but if you are reading this then I was not 
successful."

While the case will focus on circumstantial evidence, Buehner said he also 
expects powerful testimony from Douglass, who has undergone multiple surgeries, 
and Nicole Palmer, a civilian dispatcher who witnessed the shootings.

"You always try to humanize the case so people can relate to it," Buehner said 
of Douglass. "This is a person who walked into the state police barracks one 
night and the next thing you know, his life is shattered. You want to put a 
human face on that."

In cases where evidence of guilt is strong, a defendant might seek to introduce 
circumstances that could reduce the charges to a lesser degree of homicide, 
such as 3rd-degree murder. That is not a viable defense here given the facts of 
the case, said Olszewski.

"You can't argue it's something other than 1st-degree," he said. "It's 
1st-degree or nothing."

Life or death

Given the strength of the prosecution's case, Olszewski, Flora and Buehner said 
they believe the defense will focus their attention on developing mitigating 
evidence that can be used in the death penalty phase if Frein is convicted of 
1st-degree murder.

In the death penalty phase, jurors would consider aggravating factors - those 
that make a crime more heinous - against mitigating factors - those that lessen 
a defendant's culpability. If the aggravating factors outweigh the mitigating 
factors, Frein will be sentenced to death; if not, life in prison without 
parole.

Tonkin lists 2 aggravating factors: Dickson was a police officer murdered in 
the line of duty and the shooter created a risk of injury to others by firing 
into the barracks.

The defense hired a mitigation expert, Louise Luck, early on in the case to 
uncover evidence, such as a troubled childhood, that might help explain why 
Frein allegedly committed the crimes.

It is not known yet what evidence Luck has because it remains under seal. It is 
expected that Luck did a complete background check on Frein, obtaining medical 
records, school records, speaking to neighbors, friends and anyone else who had 
extensive contact with him over his life.

"They'll use the mitigation specialists to show he was the product of his 
environment somehow," Olszewski said. "They'll talk about his younger years, if 
he had problems growing up, if he was deprived of guidance."

The courts have been very lenient on the type of information they will allow as 
mitigating evidence. Still, Buehner and other attorneys say they believe the 
defense faces an uphill battle sparing Frein's life.

"Let's face it. The assassination of a state trooper and the attempt on another 
state trooper strikes at the heart of our civilized society," Buehner said. 
"This is one of those circumstances the prosecution should ask for the death 
penalty."

The charges

Eric Matthew Frein is charged with 1st-degree murder; 1st-degree murder of a 
law enforcement officer; attempted 1st-degree murder; attempted 1st-degree 
murder of a law enforcement officer; assault of a law enforcement officer; 2 
counts each of terrorism and possession of weapons of mass destruction; and 1 
count each of recklessly endangering another person, discharge of a firearm 
into an occupied structure and possession of an instrument of crime.

(source: Standard Speaker)






GEORGIA:

Justice is served when we execute someone


Over the last few decades, one of the most widely debated topics among 
politicians and social justice groups, with regard to human rights, has been 
the death penalty. Those who denounce the practice argue it is inhumane and 
defiant of the Eighth Amendment to the United States Constitution, which 
prohibits the federal government from inflicting punishments on criminals that 
may be considered "cruel and unusual."

Those who support the practice, however, argue support for victims' rights, and 
assert that studies conducted by economists, sociologists and physicians 
discredit that the practice is expensive, painful, or an unsuccessful crime 
deterrent.

The statistical data backing the death penalty as a practice in our criminal 
legal system is supportive of the practice, yet highly controversial. I would 
also assert it is impossible for one to argue in favor of or against the death 
penalty, without partially basing their argument on emotional accounts.

For one to arrive at a clear opinion regarding support or abhorrence of the 
death penalty, the emotional argument should be the 1st element examined. 
Personally, my beliefs concerning the death penalty were shaped after Courtney 
Wilkes, a young lady from my hometown, was murdered during the summer of 2011. 
Courtney and I had several mutual friends, although, we were not ourselves 
close. Wilkes excelled in academics and was named to the top of her class. She 
was also an avid soccer player, dividing much of her time between school, 
church and the soccer field. Those who knew Courtney said she was "friendly" 
and "someone we should all aspire to be in life." Tragically, on June 16, 2011, 
in Sea Grove Beach, Fla., while on vacation with her parents and siblings, 
Courtney was murdered by a man named Stephen Cozzie.

Growing up the granddaughter of a Southern Baptist preacher, Courtney was 
reared by conservative, God-fearing parents. Her parents set strict moral 
standards for dating and social activities, even barring Courtney from dating 
until the age of 16. Typical high school parties were out of the question for 
young Wilkes. While on vacation that summer, Courtney met Stephen while 
spending time at the beach with her family. Her parents, not naturally trusting 
of boys, took a liking to Stephen, even inviting him to dinner with them that 
evening.

The following day, Courtney and her family returned to the beach and made the 
tough decision to let Courtney walk off alone with Cozzie; something they had 
not previously done. You can imagine young Courtney's excitement as Stephen, 
who was described as "charming," invited her to spend some time alone. As 
Stephen and Courtney walked down the beach, eventually disappearing into the 
sun, her parents did not realize this would be the last time they would see 
their daughter. Within an hour, Stephen had led Courtney into a wooded area 
behind a convenience store and raped her several times. He used a large wooden 
board to beat her and eventually used that same board to genitally mutilate 
her. When Courtney's body was discovered, authorities claimed she was utterly 
unrecognizable.

On Oct. 17, 2013, a jury found Stephen Cozzie guilty of 1st degree murder in 
the brutal slaying of Courtney Ann Wilkes. The judge sentenced him to death.

The death penalty has been a controversial topic in the American criminal law 
system since the practice was adopted, although the practice itself has been 
practiced throughout ancient societies since the 18th century B.C. In regards 
to the beliefs of those on the political spectrum, the left believes the 
institution itself is "cruel and unusual," something our Constitution rejects, 
and the far right tends to support capital punishment as a proper form of 
punishment. For someone like me, who supports the practice, we must turn an eye 
to how the results of economic and sociological studies support the death 
penalty, and indicate why capital punishment is actually an effective, logical 
practice.

The death penalty has a significant effect on the nation's economic structure. 
According to available data gathered by the U.S. Bureau of Justice Statistics, 
in 2011, there were 2,266,800 inmates in American prisons. Of the 2,266,800 
inmates , 3,125 people were on death row, usually for being convicted of 
committing a violent crime. According to the Federal Register, the fee to cover 
the average cost of incarceration for an inmate in the 2011 fiscal year (the 
latest data available) was $28,893.40. By multiplying the average amount of 
money it takes to incarcerate an individual on death row and the current number 
of people facing execution, the average cost of housing these heinous criminals 
is roughly $90,291,875.00, annually. An inmate slated to die on death row is 
incarcerated for around 20 years, per information released by the Death Penalty 
Information Center. The cost of incarceration for that inmate is $577,868.00. 
Why are these individuals, who have been found guilty by a jury of their peers 
of inflicting significant emotional and physical harm on others, get rewarded 
by being allowed to spend a prolonged amount of time living on American tax 
dollars? As a utilitarian, my question would be whether or not speeding up the 
death penalty would let us use the money we are spending to incarcerate these 
criminals to instead fund special counseling programs for non-violent 
offenders. Could we also somehow use this money to provide services for the 
families of the victims?

Those who argue in favor of the death penalty also assert there is sociological 
data that supports the practice works as a deterrent for future crimes to be 
committed. Does certain, looming death decrease the likelihood someone will 
commit a violent crime like murder or rape? American economist Isaac Ehrlich 
would argue yes, that the death penalty does impede violent crimes. In his 1976 
manifesto, "The Deterrent Effect of Capital Punishment: A Question of Life and 
Death," Ehrlich concluded that for every criminal execution carried out and 
publicized, there are eight murders deterred in the United States. The practice 
of capital punishment generates fear among criminals. Professor Stephen K. 
Layson from the University of North Carolina updated Ehrlich's study in 1986, 
ultimately determining there were 18 murders deterred for every execution 
carried out and publicized. Can you imagine how high the deterrent rate is in 
2017, as television and the wave of social media has soared since the 
mid-1980s?

Those who oppose capital punishment commonly argue that rather than "murdering" 
another individual and feeding into the "eye for an eye" conflict resolution 
method, we should be working to counsel and rehabilitate these individuals to 
become productive, functioning members of society.

Unfortunately, the data focused on recidivism rates, or likelihood that 
prisoners will be incarcerated for a 2nd time after release, speaks against 
that argument. In 2005, a study was conducted by the National Institute of 
Justice. In the 15 states that were studied, over 2/3 of the convicted 
criminals initially released from penitentiaries and maximum-security prisons 
returned within 3 years for committing similar crimes. To be more specific, 49 
% of those released were originally convicted of committing violent crimes, and 
60 % of them return to prison within three years of their release for 
committing crimes similar to their 1st offense. Does rehabilitation work? The 
data speaks against this notion.

I must also reject the assertion of human rights groups that the practice of 
capital punishment does not align with the Eighth Amendments' conern about 
"cruel and unusual punishment." There is absolutely no scientific evidence that 
has been released that proves the lethal injection, which is now the most 
widely used form of capital punishment, inflicts any pain on the subject.

In a recent statement made by Mike Viesca, who currently serves as spokesman 
for the Texas Department of Criminal Justice, said medical staff have affirmed 
the complex combination of drugs administered in lethal injections render a 
person incapable of feeling any pain. Speaking to this argument in opposition 
to capital punishment, I feel I should ask, "Who stands up for the rights of 
the victim and their loved ones?" Did the inmate take care not to treat their 
victim in a manner which would be described as cruel and unusual? Did Stephen 
Cozzie take care not to administer cruel and unusual treatment when he was 
brutally murdering an innocent, bright 15-year-old girl on vacation with her 
family in Florida?

In all of the debate, I feel the interests of the victim and their loved ones 
have been lost. Who stands up for their rights, even when they are no longer 
with us?

By way of legislative action, a number of states have now implemented programs 
which would allow the families of victims to get the closure they need and to 
feel justice has been served.

States like Texas, Georgia, Alabama, Delaware, Illinois, North Carolina, 
Oregon, Pennsylvania, South Carolina and Washington have adopted programs which 
now allow for the families of victims to witness the execution of their loved 
one's murderer.

The question I would pose to the reader, is: Would you witness such an act if 
you lost your loved one at the hands of a heinously cruel, unremorseful 
monster? I would.

By interpreting the data now available, one can discern that capital punishment 
is upheld in every sense of the law, and has proven to be a scientifically, 
economically and psychologically plausible punishment.

When we choose to humanely remove someone from this Earth who has caused great 
harm to others, we do the world a great justice.

We do not decrease, but eliminate the chance that someone who is absolutely 
evil to their core will hurt again. Capital punishment is the only remedy for 
murder that provides great solace for those who can no longer speak for 
themselves - people like Courtney Wilkes.

(source: Opinion; Andrew Logan Lawrence is a student at Armstrong State 
University in Savannah----savannahnow.com)






OHIO:

Death-row inmate tells judge about killer Williams' intellectual challenges


Another hearing was Friday in an effort to determine whether killer Andre 
Williams, 49, should be spared the death penalty on the basis of intellectual 
disability.

No other hearings are scheduled.

Judge W. Wyatt McKay of Trumbull County Common Plea Court heard from death row 
inmate Tyrone Ballew, who tutored Williams at 2 state prisons 20 years ago.

Williams was convicted in 1989 of killing George Melnick, 65, and participating 
in the assault of Katherine Melnick, 64, at the Melnicks' Wick Street Southeast 
home. Williams was 21.

Ballew said he's known Williams for 25 years, since they were in their early 
20s and serving on death row in the Southern Ohio Correctional Institute in 
Lucasville.

Ballew and Williams would talk to each other during their recreational times, 
which would consist of a couple hours at a time, a couple times per week.

They also would write notes to each other that were delivered by "porters," 
which are inmates assigned that job by the prison. Ballew would frequently give 
Williams sports-related news articles to read, and Ballew gave Williams lessons 
on his reading and writing, he said. Ballew attended college for about 3 years 
on a basketball scholarship before going to prison.

Ballew said Williams' problems with writing were mostly with use of capital 
letters, spelling, run-on sentences and punctuation.

Under questioning from Alan Rossman, an assistant federal public defender, 
Ballew agreed that inmates and corrections officers made fun of Williams.

"Yes, they did because of his intellectual challenges," Ballew said.

With 2 death-row inmates in the same courtroom at the same time, security in 
the courtroom was tight, with 6 officers from the Ohio Department of 
Rehabilitation and Corrections standing close guard.

Other hearings took place in late December and January that focused on testing 
done by medical professionals to determine whether Williams is intellectually 
disabled.

The Ohio Supreme Court in 2002 ruled that executing the mentally disabled 
violates the Constitution's ban on cruel and unusual punishment.

The hearing was ordered in July 2015 by the 6th U.S. Circuit Court of appeals, 
which said McKay must reassess his earlier conclusions that Williams isn't 
intellectually disabled enough to escape death for his crimes.

The 6th Circuit said Judge McKay and the 11th District Court of Appeals should 
have considered evidence relating Williams having an IQ score of 67 at age 15. 
Williams also had IQ scores in the 70s at other times.

(source: vindy.com)






ARKANSAS:

Arkansas can't find enough volunteers to witness back-to-back executions


Over the course of 10 days in April, Arkansas plans to put to death 8 inmates.

The state code requires that no fewer than 6 "respectable citizens" be present 
at each execution.

There's one problem: It's having a hard time finding enough volunteers to 
witness them.

The volunteer pool is apparently thin enough that state Department of 
Corrections Director Wendy Kelley invited members of a local Rotary Club to 
volunteer.

"Temporarily, there was a little laugh from the audience because they thought 
she might be kidding," Bill Booker, acting president of the Little Rock Rotary 
Club, told CNN affiliate FOX16. "It quickly became obvious that she was not 
kidding."

Kelley's "informal efforts" continue, the department told CNN on Friday.

"We remain confident in our ability to carry out these sentences," spokesman 
Solomon Graves said.

Who watches executions?

The people who are allowed to witness an execution vary by state, said Robert 
Dunham, director of the Death Penalty Information Center in Washington, D.C.

Typically, family members of the inmate and relatives of the victims are 
present, he said. Sometimes, a state requires that lay people who have no stake 
in the case are present, too.

That could be a member of the media or a citizen witness, such as in Arkansas.

The Arkansas Code doesn't require that witnesses vary from execution to 
execution.

So, it's conceivable that some of the volunteers could witness more than one, 
Dunham said.

"It's not natural watching the intentional taking of a human life," he said. 
"It has an emotional impact on people."

And witnessing multiple execution more than just doubles the impact, he said.

"It increases exponentially."

One obstacle at a time

The 8 death row inmates will be put to death between April 17 and April 27, a 
move that death penalty opponents have called "unprecedented."

The series of execution has been attributed to the state's soon-to-be-expire 
supply of midazolam, a contentious drug that's been blamed for a spate of 
botched executions in recent years.

The executions would mark the 1st time since 2005 that Arkansas has put an 
inmate to death.

(source: CNN)






OKLAHOMA:

State should rethink aspect of life-without-parole sentencing


We don't have much sympathy for people serving life without parole in 
Oklahoma's prisons. There might be a few outliers who deserve some mercy, but 
we're convinced for the most part that they are guilty and they are where they 
are for a reason.

We do have sympathy for Oklahoma taxpayers, however, and it's becoming apparent 
that our state's habit of sending prisoners away forever without recourse is 
extraordinarily expensive and might not always be worth the price.

An analysis in last Sunday's and Monday's Tulsa Worlds by reporters Ginnie 
Graham and Curtis Killman shows that the state is spending at least $17 million 
a year on its 885 life-without-parole prisoners.

That doesn't include medical costs, and as the forever-and-ever prisoners get 
older - the current median age is 45 - those medical costs will skyrocket. The 
state has to pay 100 % of those costs, while the same prisoners would be 
eligible for federally underwritten entitlements outside the walls.

Beyond the medical issues, we see three points that seem self-evident:

-- Life-without-parole prisoners are, by definition, a greater challenge and 
more expensive to manage. They have no incentive not to continue acting 
criminally in prison and are presumptive escape risks.

-- When jurors opt for life without parole, they base their choice on the 
person in front of them at the moment of deliberation. They cannot possibly 
know what will become of the same person in the future. Good stewardship of 
state resources demands that there be some means of subsequent review for those 
who are no longer dangerous because of age, infirmity or, in a very few cases, 
genuine reformation. We absolutely must keep the ones who are still a menace to 
society, but we need to rethink what to do with those who have outlived their 
danger.

-- In a small portion of cases, people are serving life-without-parole 
sentences because of revised sentencing laws designed to target drug dealers. 
Pending legislation would allow prisoners serving life-without-parole sentences 
on nonviolent crimes to seek sentence modification from a district judge after 
10 years. That seems reasonable to us.

The state's fiscal house is in shambles. If reducing costs is part of the 
solution to that situation, the best possible place to save money is in the 
state corrections department, where costs are being driven ever higher by the 
state's addiction to incarceration. The big savings should come from reducing 
the number of petty and reformable criminals serving prison time, but a part of 
the solution should also include a modest rethinking of life without parole

(source: Editorial, Tulsa World)






CALIFORNIA:

Trying to speed up executions could swamp California Supreme Court in appeals


If a November ballot measure to speed up executions goes into effect, the 
California Supreme Court will have to decide hundreds of death penalty appeals 
in rapid succession.

That mandate would turn the state's highest court into what analysts say would 
be "a death penalty court," forced for years to devote about 90% of its time to 
capital appeals.

Proposition 66, sponsored by prosecutors and passed by 51% of voters, gave 
judicial leaders 1 1/2 years to make new legal rules and then 5 years to decide 
a crushing backlog of appeals.

"Prop. 66 would require the California Supreme Court to decide virtually 
nothing but death penalty appeals for at least the next 5 years - almost no 
civil cases at all and no criminal cases other than capital murder," said Jon 
Eisenberg, president of the California Academy of Appellate Lawyers.

Legal analysts and four bar associations say the measure would inundate all the 
courts with extra work but hit the top court's 7 justices hardest.

In a friend-of-the-court brief, 11 law professors and a nonprofit legal center 
contended Proposition 66 would "grind the wheels of justice to a halt" in 
California.

Death penalty advocates acknowledge the measure would mean extra work for the 
courts, but say that it is necessary to fix a system that has produced the 
largest death row in the country and no executions in more than a decade.

They contend the workload will be tolerable, and that the courts will have some 
flexibility in meeting the deadlines.

The California Supreme Court is considering whether the measure can go into 
effect.

2 opponents of the measure sued in November, contending it illegally usurped 
the powers of the judicial branch and violated a constitutional rule that says 
ballot measures must deal with one subject only.

The California Supreme Court put the measure on hold until the justices resolve 
the case, probably within the next few months.

The appellate lawyers' academy takes no position on the death penalty but 
opposed the initiative on the grounds that it would disrupt the courts and 
prevent litigants in civil matters from having their cases decided in a timely 
manner.

It joined the bar associations of Los Angeles, Beverly Hills and San Francisco 
in a January letter written to the state Supreme Court saying that Proposition 
66 "threatens to deal a mortal blow" to California's courts.

California law guarantees each death row inmate both an automatic appeal to the 
California Supreme Court and a separate habeas corpus challenge.

The direct appeal is based on what happened at trial. The habeas raises issues 
that were not reflected in the trial transcript, such as newly discovered 
misconduct by jurors or prosecutors.

The California Supreme Court has been unable to keep pace with these cases.

Given a backlog of more than 300 death penalty appeals already at the court, 
the justices would have to decide at least 66 of them each year for the next 
several years just to catch up, Eisenberg said.

Calculations based on the court's typical annual production indicate the 
justices would be spending 90% of their time on capital cases, Eisenberg said. 
Civil case rulings would decline from about 50 a year to just a handful, he 
said. "That leaves virtually no time for anything other than death penalty 
cases," Eisenberg said.

Lower courts, as well as the California Supreme Court, would be disrupted, the 
bar associations said.

The measure would require Superior Court judges to appoint lawyers to handle 
habeas corpus challenges and to decide those cases quickly.

The letter noted that 110 condemned inmates from Los Angeles County would have 
to be given lawyers within a year. The clock would start once the Judicial 
Council, the policymaking body for the court, establishes rules to implement 
the initiative.

"We are not aware of there being 110 qualified capital habeas corpus 
practitioners within the Los Angeles County area," the letter said.

Kirk C. Jenkins, an appellate lawyer who studies and writes about the 
California Supreme Court for the law firm Sedgwick LLP, said the bar 
associations were right.

"The time limit that is built into Prop. 66 is completely unworkable, and that 
is not a matter of one's position on the death penalty," Jenkins said. "It is 
simply unworkable."

The only way to meet the deadlines of Proposition 66 would be for the court "to 
get out of the business of deciding civil cases" at least for several years, 
Jenkins said.

UC Berkeley's David A. Carrillo, director of a center that studies the 
California Constitution, described the initiative as a new unfunded mandate.

"There is no way the courts can get through the existing backlog in 5 years 
with their current resources," Carrillo said.

Law enforcement groups have filed several friend-of-the-court briefs in favor 
of the initiative, arguing that voters have made their will clear.

"California voters have elected to retain the death penalty every time the 
issue has been placed before them," the leaders of several county prosecutor 
groups reminded the court in 1 brief.

The lawsuit against the measure named the Judicial Council as a defendant, 
forcing Chief Justice Tani Cantil-Sakauye and Justice Ming W. Chin to recuse 
themselves from the case. The chief justice heads the council, and Chin serves 
on it.

2 of the5 other justices will appear for confirmation on next year's statewide 
ballot: Justice Carol A. Corrigan, 1 of the more conservative members, and 
Justice Leondra Kruger, appointed by Gov. Jerry Brown 2 years ago.

California voters have voted down justices on the ballot only once. The issue 
was the death penalty.

"Despite the abiding and long-standing will of the voters, death penalty 
opponents have used the legal process as a mechanism to frustrate imposition of 
the death penalty," the prosecutors argued in their brief.

Lawyers on both sides of the debate expect the court to hold a hearing on the 
case. 2 justices from intermediate courts of appeal likely would be asked to 
fill in for the recused justices.

Kent Scheidegger, who helped write Proposition 66, said the portrait of court 
chaos predicted by the bar associations and some analysts was overblown.

Although the measure would require the California Supreme Court to move quickly 
to dispatch the backlog of capital appeals, the initiative would also shift 
initial responsibility for habeas challenges from the high court to trial 
judges, he noted.

That provision, Scheidegger argued, would save the court time.

Rulings by Superior Court judges on those cases would likely be appealed to 
intermediate appellate courts and up to the state Supreme Court, but 
Scheidegger said the trial judges would do the heavy lifting.

"I know that all judges hate time limits, but I do think that moving the habeas 
cases is a reform that most of the justices probably would agree with," said 
Scheidegger, legal director of the Criminal Justice Legal Foundation, which 
advocates for the death penalty.

Even if the Supreme Court were to strike down the measure's deadlines, other 
requirements of the initiative would still speed up executions, he said.

He cited a provision that would limit public review of the state's lethal 
injection method. Legal challenges involving the method have kept the execution 
chamber empty since 2006.

18 inmates who have exhausted their appeals could be executed immediately once 
that part of the initiative took effect, he said.

Former El Dorado County Supervisor Ron Briggs and the late former Atty. Gen. 
John Van de Kamp, who filed the lawsuit, argued that the entire measure should 
be tossed because it violated the rule limiting initiatives to a single 
subject.

In addition to setting new deadlines and easing approval of an execution 
protocol, Proposition 66 would require death-row inmates to work to pay 
compensation to victims' families and bar medical associations from 
disciplining doctors who participate in executions.

It also would place a state agency assigned to represent death row inmates 
under California Supreme Court control and permit the corrections department to 
distribute condemned inmates among the general prison population.

The law says a measure's provisions must be "reasonably germane" to the purpose 
of the initiative.

Polls show support for the death penalty in California has declined since 1986, 
when voters ousted the late Chief Justice Rose Bird and two colleagues after a 
campaign that charged they were not enforcing capital punishment.

Still, voters narrowly rejected a 2012 ballot measure to abolish capital 
punishment and turned down a similar initiative in November, with 53% of voters 
opposed.

(source: Los Angeles Times)