[Deathpenalty] death penalty news----TEXAS, FLA., LA., OHIO

[Rick Halperin]

Dec. 12



TEXAS:

Salvadoran man on Texas death row loses Supreme Court appeal



The U.S. Supreme has refused to review an appeal from a 48-year-old Salvadoran 
man on Texas death row for the slayings of 2 Houston store clerks during an 
attempted robbery more than 17 years ago.

The high court had no comment in its decision Monday in the case of Gilmar 
Guevara.

Attorneys for Guevara asked the justices to reverse lower courts' rulings 
rejecting arguments that he's mentally impaired and ineligible for the death 
penalty.

Guevara was convicted and sentenced to death for the fatal shootings of 
48-year-old Tae Youk and 21-year-old Gerardo Yaxon. Youk was from South Korea 
and Yaxon from Guatemala.

Guevara, identified as the shooter, and 2 accomplices fled the scene in 
southwest Houston in June 2000 without any money.

He does not yet have an execution date.

(source: Associated Press)








FLORIDA:

Convicted killer Duane Owen wants off death row



Attorneys for a man convicted of 2 heinous murders in the 1980s and sentenced 
to death are fighting to save his life.

"Duane Owen is nothing more than a cowardly, misogynistic bully who preys on 
people he knows he can overcome," the state argued before a judge inside a Palm 
Beach County courtroom on Monday.

Decades after juries convicted him and judges sentenced him to death for two 
murders in Boca Raton and Delray Beach, Duane Owen wants to get off of death 
row.

Attorneys are trying to now use a 2016 U.S. Supreme Court and Florida Supreme 
Court ruling to vacate Owen's death sentence for the gruesome rape and murders 
of 14-year-old babysitter Karen Slattery and 38 year-old single mother 
Georgianna Worden.

Owen's attorney argues juries in both cases were split 10-2 when recommending 
death for Owen and the judges had the final say. Florida law now requires a 
unanimous verdict for the death penalty.

???At the end of the day, Mr. Owens was denied his rights in both cases," 
attorney James Driscoll argued. "We would ask for the court to grant relief in 
both cases."

"It disgusts me, that's how I feel. It disgusts me to think that we have to go 
there," said Jane Smith, who was one of Slattery's teachers. "Just pray for the 
family. It's been a heartache. You can't bring her back if you execute him but 
there's got to be closure, somewhere."

The judge didn't indicate when he'll rule or how long it could take.

(source: WPEC news)

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

Convicted killer sentenced to death for 3rd time----Jury unanimously 
recommended execution for Randal Deviney



For the 3rd time since a woman was brutally killed 9 years, a Duval County 
judge has sentenced Randal Deviney to be put to death for the murder.

In August 2008, when Deviney was 18 years old, he slit the throat of Delores 
Futrell and beat her during an attempted burglary. He then moved her body and 
staged the scene to make it appear that she had been sexually assaulted.

In October, after two days of testimony from detectives, forensic scientists, 
family members and psychologists, a jury unanimously recommended he be given 
the death penalty. On Monday, Judge Mark Borello formally sentenced Deviney to 
be returned to death row.

On Monday, Borello said the nature and cruelty of the crime and age of the 
victim were all factors that led him to give Deviney to the death penalty.

"All lives have value, but we are a nation of laws," Borello said. "Randall 
Deviney, you have not only forfeited your right to live among us, but under the 
laws of the state of Florida, you have forfeited your right to live at all."

This and all death sentences are automatically reviewed by the Florida Supreme 
Court.

Futrell's family was in court Monday, but did not comment after the hearing, 
but did make remarks after the jury recommended the death penalty 2 months ago.

"We're glad it's finally over (and) he got the sentencing he deserved," 
Futrell's granddaughter Raqia Blades said. "I'm glad we don't have to keep 
replaying the memories of what happened and keep asking the question, 'Why?'"

It was the 3rd jury that has been asked to sentence Deviney to death for the 
crime. The 1st conviction was overturned on appeal and his 2nd sentence was 
thrown out when the Florida Supreme Court ruled that death penalties are only 
constitutional if there is a unanimous jury recommendation.

Futrell, a dialysis technician and mother of four, was described in court this 
week as loving life and having a thirst for knowledge.

"A person like my mom should have died a peaceful death," said Jacquelynn 
Blades, Futrell's oldest daughter.

During the sentencing hearing, the defense presented 37 mitigating factors to 
try and convince the jury to spare Deviney from the death penalty. It called 
Deviney's father and a forensic psychologist to testify an abusive childhood.

Despite Deviney mental, sexual and physical abuse as a child, Borello said 
Deviney still had a loving family and that abusive history did not excuse 
Deviney's actions.

The crime

According to court documents, an officer responding to a 911 call from 
Futrell's townhome found her in a "sexual position." Deviney later told a 
psychologist that he placed her that way to make it look like someone else 
killed her. Investigators found no physical evidence that Futrell had actually 
been raped, court records show.

According to detectives investigating the murder scene, evidence showed that 
Deviney cut Futrell's throat near a Koi pond in the backyard before dragging 
her inside the home and trying to cover up the murder by making it appear to 
have been a sexual assault.

The autopsy showed that Futrell had struggled with her attacker before her 
throat was cut and that the wound sliced her larynx, preventing her from 
breathing. She bled to death, according to court records. The Medical Examiner 
also found evidence that Futrell's killer had tried to strangle her either 
after she was dead or while she was still dying from her neck wound.

DNA found under Futrell's fingernails was matched to Deviney by analysts from 
the Florida Department of Law Enforcement.

Deviney claimed he just snapped while talking with Futrell one day, but 
prosecutors argued that the murder was premeditated because Deviney wanted to 
steal from Futrell.

Court history

Deviney was first convicted of killing Futrell in 2010. The conviction and 
death sentence were overturned after it was found that detectives had coerced a 
confession out of Deviney without reading him his Miranda rights.

In July 2015, Deviney was found guilty again, and a jury recommended he be sent 
back to death row with an 8-4 vote.

The state Supreme Court upheld that second conviction, but later ruled the 
death penalty unconstitutional unless there is a unanimous jury recommendation.

Deviney's case is 1 of 7 Duval County death sentences overturned this year by 
the Florida Supreme Court.

Over the years, Deviney's behavior behind bars came under scrutiny. Before the 
start of his 2nd trial, Deviney publicly made claims that Donald Smith, the man 
charged with murdering 8-year-old Cherish Perrywinkle, had told him about 
another murder he committed years before. He even attempted to use that 
information as leverage for a shorter prison sentence. The State Attorney's 
Office said Deviney's claims were not credible.

(source: news4jax.com)

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

State Attorney Ayala responds to Gov. Scott's death penalty questions----Ayala 
wants to know how Scott chose which murder cases to strip from her



Orange-Osceola State Attorney Aramis Ayala issued a formal letter on Monday 
responding to Gov. Rick's Scott request for information about her office's 
death penalty review panel.

Ayala also asked Scott to provide her with information on his "arbitrary" and 
"questionable" process of choosing which first-degree murder cases would be 
stripped from her and reassigned to a neighboring state attorney after Ayala 
announced earlier this year that she would not seek capital punishment in any 
case.

"Your selection process has consequently threatened due process and equal 
protection under law. I too, stand with victims of crime. But I also stand 
boldly on, not just the Constitution, but all the amendments to it, including 
the 14th amendment," Ayala wrote.

In her letter, Ayala writes that her office has proved that it is willing to 
pursue the death penalty when appropriate.

She writes that in the case of accused murderer Emerita Mapp, her office 
communicated with Attorney General Pam Bondi's office about missing the 45-day 
deadline to file a notice to seek the death penalty and she was confident she 
could litigate that issue because Mapp had waived her right to a speedy trial.

Mapp entered a plea on Friday and has been sentenced to life in prison.

"I think you would agree, a plea to life in prison is a just resolution to this 
case. Since this case has been resolved, it seems most of your inquiries are 
rendered moot," Ayala wrote to Scott.

Ayala claims that Scott "failed to do what [he] said [he was] going to do" 
because he told the public he would continue to examine 1st-degree murder cases 
in Orange and Osceola counties, yet he reassigned cases both before and after 
Mapp's arrest without a clearly defined selection process.

Aside from wanting further information on Mapp's case, Scott's office also 
requested information about Ayala's 7-member death penalty review panel, which 
was established after Scott won his legal battle with Ayala regarding his 
authority to remove 1st-degree murder cases from her office against her will.

The letter gave Ayala until Monday to answer questions regarding how often the 
panel has met, how it was established, what cases it has reviewed and to supply 
written confirmation that Ayala's office does plan to pursue the death penalty 
when appropriate.

"By now, it should be clear to you that my office does consider the death 
penalty as a potential sentence in 1st-degree murder cases, and it should be 
obvious that I do, and have done, everything that I said I was going to do, 
including following the law," Ayala responded.

A death penalty notice was filed Wednesday against Jimmy Merritt, who is 
accused of beating one man to death with a hammer and fatally shooting another.

She started her response by noting that it would have been easier for Scott to 
have set up a meeting or phone call with her instead of issuing a letter to the 
media. She ended her letter by letting Scott know that her public records 
department will provide his office with the information regarding her legal 
invoices that he requested.

(source: clickorlando.com)

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

Ayala fires back, seeking information from Gov. Scott on death penalty cases 
taken from her office



1 week after Gov. Rick Scott sent a letter to State Attorney Aramis Ayala 
demanding information about a missed death penalty case filing, she shot back 
Monday, requesting information of her own.

Scott sent the original letter after it was determined that Ayala failed to 
file a motion to seek the death penalty in the case of Emerita Mapp, who was 
accused of killing 1 man and injuring another at a Kissimmee Days Inn.

The prosecutorial conflict between Ayala and Scott started earlier in the year 
when Ayala announced she would not seek the death penalty in any case 
prosecuted by her office.

Scott responded by removing numerous potential death penalty cases from Ayala's 
office and reassigning them to another state attorney.

Scott's office had requested information as to why the 45-day deadline to file 
an intent to seek the death penalty in Mapp's case was missed.

On Friday, Mapp took a plea deal to avoid the death penalty and was given a 
life sentence, which makes the governor's request moot, Ayala said in a letter 
Monday.

Despite that, Ayala told Scott in the letter that she had been in direct 
communication with Attorney General Pam Bondi about the issue and was confident 
she could have sought the death penalty in Mapp's case, despite the missed 
deadline.

Her office could have re-arraigned Mapp, which would have reset the 45-day 
deadline, Ayala argued.

Scott had also requested information on Ayala's death penalty review panel, 
which she created to determine which cases prosecuted by her office warranted 
seeking capital punishment.

Ayala also placed the blame for the oversight in Mapp's case on Scott, who had 
publicly announced he would be looking at all potential death penalty cases 
that would possibly be prosecuted by her office.

"You re-assigned high-profile cases both before and after Emerita Mapp's case," 
Ayala wrote in her response to Scott. "However, I am curious to know why you 
did not take the Emerita Mapp case and reassign it to the Fifth Circuit with 
the other cases."

Scott has repeatedly touted that he stands by the victims of violent crime and 
would make sure the death penalty would be sought, when appropriate, as service 
to them.

Ayala countered Monday that she also sees herself as a representative of 
victims of crime, and went on to accuse Scott of endangering prosecution of 
cases by removing them from her office.

"Your selection process has consequently threatened due process and equal 
protection under the law," Ayala wrote. "I too stand with victims of crime. But 
I also stand boldly on, not just the Constitution, but all amendments to it, 
including the 14th Amendment."

Ayala then requested, via a public records request, information on the process 
Scott used to remove cases from her office, including writings, recordings, 
reports, memoranda, notes of meetings, written policies, news media stories 
referenced and communications with other individuals.

Scott also requested information on the amount of taxpayer money spent during 
Ayala's court fight with his office over the case removals.

Ayala wrote that the request had been forwarded to her public records 
department and that records would be produced "in short order."

Bondi's office released the following statement on Ayala's letter:

"Ayala's office reached out to my attorneys regarding an unidentified death 
penalty case well after she missed the deadline in an attempt to salvage the 
case. My office provided potential legal arguments in an attempt to defend a 
death penalty case, and in an effort to correct her egregious actions. What she 
did is inexcusable in failing to meet a deadline required in a capital case. In 
no way do we condone her behavior. She continues to demonstrate that she is 
incompetent and unwilling to handle capital cases. We will continue to lend 
support to any effort to follow the law and insure justice is done in any 
homicide in the Ninth Circuit."

(source: WFTV news)








LOUISIANA:

Orleans Parish DA wants death penalty for suspect in NOPD officer killing



The Orleans Parish district attorney plans to pursue the death penalty for a 
man accused of killing a New Orleans police officer in an exchange of gunfire.

Darren Bridges, arrested on Oct. 13 in connection with the deadly officer 
shooting, was indicted Thursday by the Orleans Parish grand jury, District 
Attorney Leon Cannizzaro said in an update.

Bridges is accused of fatally shooting New Orleans Police Officer Marcus 
McNeil, 29, around 12:13 a.m. Oct. 13 in the 6800 block of Cindy Place in New 
Orleans East.

"We're going to do our best to see to it that Mr. Bridges is never in a 
position to ever hurt anyone else again," Cannizzaro said.

(source: WDSU news)








OHIO:

Capital murder charges filed against Holsinger



5 capital murder charges and a variety of 1st-degree felonies were handed down 
in November against Jeffrey Ryan Holsinger by a Ross County Grand Jury, in 
connection with a summer crime spree that left 2 dead and another critically 
wounded on the 4th of July.

According to the indictment, which was made public on Monday, Holsinger was 
indicted on 5 counts of aggravated murder, all capital violations; one count of 
attempted murder, 1 count of kidnapping, 2 counts of aggravated robbery and 1 
count of aggravated burglary, all 1st degree felonies; as well as 1 count of 
gross sexual imposition, a 4th-degree felony.

According to the indictment, all 5 of the murder charges relate to the death of 
Paul O. Robertson, who was shot and killed in Ross County near Greenfield on 
the 4th of July.

Earlier that evening, Holsinger shot and killed Steven Mottie Jr. in a 
Higginsville home - a crime to which he pled guilty in September in Highland 
County Common Pleas Court, as reported by The Times-Gazette.

He was sentenced to 25.9 years to life in prison, and is currently incarcerated 
at the Lebanon Correction Institution.

Holsinger will be arraigned once death penalty qualified counsel is appointed, 
according to Ross County Prosecuting Attorney Matthew Schmidt.

(source: The Times-Gazette)

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

Man accused of abducting, killing Sierah Joughin appears in court



The man accused of kidnapping and killing University of Toledo Student Sierah 
Joughin appeared in court on Monday for another pretrial hearing.

James Worley, of Delta, is facing the death penalty for the abduction and death 
of 20-year-old Joughin in 2016. This most recent court appearance served as a 
way to tie up loose ends before the trial begins on January 16.

Worley entered the courtroom Monday in plain clothes with no handcuffs. He was 
seen asking his attorney questions throughout the hearing, where jury selection 
was discussed.

About 250 potential jurors are currently part of the jury pool. So far, 208 of 
those have filled out a lengthy jury questionnaire that attorneys will go 
through before jury selection begins in January.

The selection is expected to last about a week.

Several outstanding motions were also discussed at the hearing, such as the 
locations of cell phone towers used to gather data from Sierah and Worley's 
phones.

One final pretrial hearing is scheduled for January to make sure everything is 
read for the trial. The trial is expected to last up to a month.

(soruce: WTOL news)

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

Man could face death penalty for North Ridgeville murder



A 37-year-old man could face the death penalty if convicted of murdering a 
North Ridgeville man.

John Rowan was indicted by the Lorain County Grand Jury on the charges of 
aggravated murder, aggravated robbery, kidnapping, felonious assault, robbery, 
tampering with evidence, theft and abuse of a corpse.

North Ridgeville police say Rowan killed Harold Litten Jr., 60, this past 
April.

Litten's family reported him missing on April 20 and his body was found in a 
shed outside his home on Jaycox Road on May 26.

Rowan will be back in court on Dec. 14

(source: WOIO news)