[Deathpenalty] death penalty news----OHIO, KY., NEB., NEV., CALIF.

[Rick Halperin]

Dec. 6



OHIO:

Court docs: Golsby seeing $300 an hour psychologist while in jail



The man charged in the rape, kidnapping and murder of Ohio State student Reagan 
Tokes has been seeing a clinical psychologist while in jail, according to court 
records uncovered by 10 Investigates.

What's more - taxpayers will likely foot the bill.

Brian Golsby has been declared indigent - meaning he can't afford his own 
attorney, according to court records. That means taxpayers are potentially 
going to pay for the $5,000 tab for the clinical psychological services of Dr. 
Howard Fradkin.

According to the order posted online December 1, Judge Mark Serrott approved a 
defense request for $5000 to pay for the services of Fradkin to address "trauma 
related matters," but does not give specifics.

According to Fradkin's LinkedIn Page, he has trained "over 2,000 professional 
colleagues on the topic of male survivors of sexual abuse" and "is available 
for consult with attorneys about criminal cases involving male survivors."

An invoice provided to the court shows that Fradkin's rate is $300 an hour and 
that he has billed the court for 23.5 hours for a total of $7075. Serrott's 
order approved the sum of $5,000.

The invoice states that he has met with Golsby's attorneys repeatedly and met 
with Brian Golsby personally 4 times in late October and early November. It is 
not clear what was discussed in those meetings.

Golsby's defense attorney Kort Gatterdam did not respond to an email seeking 
comment. A voice message left with Fradkin's Columbus office was also not 
returned Tuesday.

Prosecutor Ron O'Brien told 10 Investigates he had "no knowledge of that 
matter." O'Brien's signature is not included in the court records obtained by 
10 Investigates.

While it's not clear from the records what trauma Golsby may have endured, a 
Franklin County deputy hinted that there had been issues during Golsby's jail 
stay following his arrest in February for the murder of Reagan Tokes.

During that November 13 hearing, O'Brien asked Sgt. David Reiner with the 
Franklin County Sheriff's Department: "Deputy is there anything that has 
happened during the defendant's confinement that would cause you to add to the 
normal "security" that you had described for Judge Serrott?"

Sgt. David Reiner: "Since the defendant has been incarcerated in our jail, 
there have been a number of incidents that have been recorded if you like. ..."

Judge Mark Serrott: Well, let's hold on a minute ..."

The conversation then continued in the judge's chambers. The hearing resumed 
several minutes later and O'Brien rephrased his question. Reiner said that 
there were no past issues that would affect court security at Golsby's upcoming 
trial.

In another defense motion filed Friday, Golsby's attorneys are continuing their 
efforts to get the death penalty wiped off the table. The defense team alleges 
that there is a racial disparity in Franklin County - accusing Prosecutor Ron 
O'Brien of being more prone to seek death penalty indictments against 
African-American suspects. O'Brien has opposed the motion, calling it 
"frivolous."

He released this statement to 10 Investigates Tuesday:

"The Golsby Memo on the death penalty continues to present the court with a 
patently frivolous position that tries to posture his case as some sort of 
class action attacking the Ohio death penalty. He does this by pointing to 
other cases that have nothing to do with his case and his crime. As the state's 
memo reflects Golsby is a sexually violent predator who is also a repeat 
violent offender who kidnapped, raped and executed the victim in this case 
shortly after he was released from prison and while he was on parole. Any 
Prosecutor with the death penalty at his/her disposal would seek that 
punishment. He is trying to divert attention from his horrific crime by talking 
about other offenders that are not comparable."

The next hearing in the case is set for December 20. Golsby's trial is set for 
February.

(source: 10tv.com)








KENTUCKY:

Retired priest to receive 'Carl Braden Lifetime Achievement' award



The Kentucky Alliance Against Racist and Political Repression will present the 
"Carl Braden Lifetime Achievement" award to Father Patrick Delahanty, a retired 
priest of the Archdiocese of Louisville and chair of the Kentucky Coalition to 
Abolish the Death Penalty.

Father Delahanty said in a statement that he is "honored" to receive the award.

"This award is possible because of all the hard work of abolition supporters 
over the past 30 years in Kentucky," said Father Delahanty. "The goal is in 
sight. With the continued financial contributions of supporters and their 
willingness to contact and urge Kentucky lawmakers to support abolition, we 
will prevail."

Kentucky legislators can be reached at 1800-372-7181. Contributions can be made 
by visiting www.kcadp.org.

(source: The Record)






NEBRASKA:

Bank Murderers Want Resentencing in Death Penalty Case



2 men lined up on Nebraska's death row believe they don't deserve the death 
penalty.

Jose Sandoval, the ringleader in a 2002 failed robbery in Norfolk that left 5 
dead, filed a motion for post conviction relief Monday evening. One of his 
partners in crime, Erick Vela filed the same motion.

Their attorneys argue in court documents that they were effectively resentenced 
to life in prison as opposed to death when the Nebraska Legislature passed LB 
268 in 2015, which repealed the death penalty. Their attorneys say resentencing 
them to death now, without a trial, is a violation of their constitutional 
rights against cruel and unusual punishment.

Madison County Attorney Joe Smith says, "The theory they have is that at the 
time they committed the crimes there was a death penalty statute, and the time 
they were sentenced there was a death penalty statue. The legislature, perhaps 
attempted to repeal the death penalty and was unsuccessful and the voters had a 
election. As I read into the theory it's that thats analogous to the defendants 
being sentenced to death, being sentenced to life and resentenced to death 
without a hearing."

Sandoval was sentenced in 2002 for the murders of 5 people at the U.S. Bank 
branch in Norfolk. His other 2 accomplices, including Vela are on death row.

His convictions were upheld by the Nebraska Supreme Court and again in 2011 
when the U.S. Supreme Court rejected his petition for review.

Smith says they usually file a response within 60 days of post conviction but 
in this case it will be filed a whole lot faster.

(source: Nebraska News Network)








NEVADA:

Nevada inmate asks judge anew to let execution proceed



Condemned killer Scott Dozier, urging his own execution, was back in front of a 
judge Tuesday for the 1st time since he was supposed to die.

He told District Judge Jennifer Togliatti, who last month delayed the 
execution, that he doesn't object to the use of a paralytic drug in his lethal 
injection, though it could mask suffering. In response, prosecutors asked the 
judge to reconsider her previous ruling.

But the man convicted of 2 killings, including the 2002 Las Vegas murder of 
22-year-old Jeremiah Miller, whose body was mutilated and stuffed in a 
suitcase, must continue to wait for his death wish to be granted.

"We had I-don't-know-how-many conversations where I said, 'Be careful what you 
wish for,'" Togliatti told Dozier, who appeared via videoconference from Ely 
State Prison. "There's just a certain amount of manipulation of the court 
process I'm not going to allow. You pursued this relief, you got this relief, 
and now you want a do-over, I guess."

Through his lawyers with the federal public defender's office, Dozier had asked 
for a review of a drug known as cisatracurium, 1 of 3 drugs in the execution 
protocol.

Togliatti ruled that using it in combination with Valium and fentanyl was too 
risky. And after the judge struck the paralytic from the protocol, lawyers for 
the Nevada Department of Corrections initially said they would not continue 
with the execution.

"My contention with my counsel has always been that, with sufficient fentanyl, 
I was OK with the paralytic," Dozier said Tuesday. "I recognize I represented 
to you that the paralytic was important to be removed. It is still important to 
the federal public defender's office to be removed. I personally am not 
concerned with the paralytic."

Dozier's lawyers argue that ensuring an unbotched execution is about more than 
the inmate who wants to die at the moment.

All but 1 of the 12 executions carried out in Nevada since the death penalty 
was reinstated have been conducted on inmates, like Dozier, who asked to be 
killed.

After the judge ordered the paralytic drug removed, prison attorneys were 
granted a stay and the Nevada Supreme Court was expected to review the process 
of lethal injection.

Then Dozier sent the judge a letter saying he didn't mind suffering. That's 
when prosecutors asked the judge to reconsider her decision.

Dozier's lawyers argued that the judge's order should stand.

"Now that NDOC's feigned concern for the humaneness of the execution has been 
exposed as a sham, the only reasonable interpretation of its prior conduct is 
that it was intended to goad Mr. Dozier, a volunteer, into submitting to a 
torturous execution," the lawyers wrote in court papers. "NDOC sought and 
obtained the stay of execution which caused Mr. Dozier to submit the very 
letter it now relies upon to argue the case is moot."

For more than a year, Dozier has reiterated to the judge in court and in 
writing that he was "resolute and steadfast" in his death wish.

The state's last execution occurred in April 2006, when Daryl Mack, another man 
who dropped his appeals, was put to death.

Lawyers in the Dozier case are expected back in Togliatti's courtroom next 
month.

(source: Las Vegas Review-Journal)








CALIFORNIA:

Man sentenced to die for 1995 killing of DPS trooper convicted in California 
murder



A man sentenced to die in Arizona was convicted of a 2nd murder in California 
on Monday, finally closing a legal process that spanned 2 states and 22 years.

The cases of Ernesto Salgado Martinez, 42, reach back to 1995 and Indio, 
California, where Martinez started a road trip to visit family in Arizona.

As he drove along the Beeline Highway, Martinez was pulled over by Arizona 
state trooper Bob Martin. Martinez shot and killed Martin and headed back to 
California before running out of gas.

Martinez then walked into a mini-mart in Blythe and demanded cash. When the 
cashier, Randip Singh, refused to empty the register, Martinez shot him, too.

He was 19 at the time.

The murders set off a tumultuous 2 decades in which Martinez was convicted of 
Martin's killing in Arizona and sentenced to death, and then taught himself law 
while awaiting a 2nd trial. He was moved to California in 2010 and spent the 
next 7 years filing motions to delay his case.

"He is incredibly dangerous because he is so bright," Riverside County District 
Attorney Mike Hestrin told The Desert Sun in 2015. "I would like to get him out 
of our system and out of our jail. And one of the ways to do that is to get 
this case to trial as quickly as possible."

Martinez's IQ tested in the 90th percentile and he was found to have elite 
"non-verbal, problem-solving skills," according to court records obtained by 
The Desert Sun.

Martinez was convicted Monday of murdering Singh.

He also represented himself against charges of the attempted murder of his 
cellmate, who was stabbed 50 times in 2011. Martinez, who said the stabbings 
were in self-defense, was acquitted of the attempted-murder charge Monday.

Prosecutors in California plan to seek the death penalty in Singh's death. But 
no matter how Martinez is sentenced, he will then be returned to Arizona, which 
issued the death penalty in 1998.

(source: azcentral.com)