[Deathpenalty] death penalty news----TEXAS, FLA., ALA., MISS., OHIO, IND.

[Rick Halperin]

Feb. 10



TEXAS----new execution date

New death date for inmate spared from execution this week


A Texas death row inmate whose execution date scheduled for this week was 
halted because of a legal technicality has received a new execution date.

Texas Department of Criminal Justice spokesman Jason Clark says the prison 
agency has received court documents setting 37-year-old prisoner Tilon Carter's 
lethal injection for May 16.

Carter had been set to die Tuesday for smothering an 89-year-old man during a 
robbery at the man's Fort Worth home. But the Texas Court of Criminal Appeals 
issued an order last Friday halting the punishment because a state office that 
represents death row inmates was notified of the scheduled punishment a 
half-day late, a violation of state law.

Carter was condemned for the 2004 robbery and slaying of James Tomlin, a 
retired Bell Helicopter worker.

(source: Associated Press)

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

Executions under Greg Abbott, Jan. 21, 2015-present----22

Executions in Texas: Dec. 7, 1982----present-----540

Abbott#--------scheduled execution date-----name------------Tx. #

23---------March 7------------------Rolando Ruiz----------541

24---------March 14-----------------James Bigby-----------542

25---------April 12-----------------Paul Storey-----------543

26---------May 16-------------------Tilon Carter----------544

27---------June 28------------------Steven Long-----------545

28---------July 19-----------------Kosoul Chanthakoummane---546

(sources: TDCJ & Rick Halperin)






FLORIDA:

Florida Supreme Court Upholds Sentence for Killing Guard


The Florida Supreme Court is upholding the conviction and death sentence for a 
man who killed a Daytona Beach corrections officer.

The court on Thursday rejected arguments by Enoch Hall that his attorney 
mishandled his case. The court also noted that his sentence should remain in 
place because a jury unanimously recommended the death penalty.

Hall was serving life sentences in the sexual battery and kidnapping of a 
66-year-old woman when he killed a corrections officer. Hall stabbed 
50-year-old Donna Fitzgerald 22 times with sheet metal in 2008.

Fitzgerald was alone while supervising Hall and others in an inmate work 
program. An investigation determined Hall may not have been eligible for the 
program, and Fitzgerald should've had a radio or body alarm to summon help.

(source: WTXL news)

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

Death sentence tossed out in Florida drive-by shooting case


The Florida Supreme Court is throwing out the death sentence of a Jacksonville 
man convicted in a drive-by shooting that killed a young girl watching 
television at her grandma's house.

The high court on Thursday upheld Rasheem Dubose's conviction for the crime, 
but ordered a new sentencing hearing because a jury did not unanimously agree 
to impose the death penalty. The court in a split decision recently ruled that 
death sentences require a unanimous jury recommendation if the sentence was 
imposed after a 2002 key ruling by the U.S. Supreme Court.

DreShawna Washington-Davis, 8, was killed when 29 shots were fired into her 
house in July 2006. Authorities said the shooting was a retaliatory strike 
against the child's uncle.

Dubose's brothers, Terrell Dubose and Tajuane Dubose, were sentenced to life in 
prison for their role in the crime.

(source for both: Associated Press)






ALABAMA:

Former Alabama death row inmates to share their stories of confinement, freedom

Racism, poverty, freedom and confinement will be the focus of speeches 
delivered by 2 former Alabama death row inmates, sharing their stories at the 
University of North Alabama later this month.

Anthony Ray Hinton, who spent 30 years on death row, and Gary Drinkard, who was 
released after 5 years, will share their stories of exoneration and wrongful 
conviction during a conference at UNA Feb. 23-24. The events are open to the 
public.

Hinton walked free in April 2015 at age 52. He'd been on death row for 30 years 
for the 1985 murders of 2 Birmingham fast food restaurant managers. Hinton and 
his attorneys asked prosecutors for years to retest the gun that linked him to 
the crime.

On April 3, Anthony Ray Hinton walked free, prosecutors dropping the charges - 
the U.S. Supreme Court had ordered a retrial - that he'd killed 2 men in a 
Birmingham area fast food managers in 1985. The bullets didn't match up beyond 
a doubt, the state said.

Shortly before his release, new tests ultimately ruled that the bullets found 
at the crime scenes couldn't be conclusively linked to the gun or to each 
other.

Hinton's conviction, he has said, is rooted in racism, poverty and failures of 
the criminal justice system.

"We want to help people think critically about the crimes and evidence that 
warrant sentencing someone to death," said Stephanie Renee Adair, one of 
several English graduate students helping plan the conference at UNA.

Incarceration has been a focus of Alabama politics recently, particularly with 
Gov. Robert Bentley's plans of spending millions on new prisons to house the 
state's inmates, who currently are being held in overcrowded facilities.

Bentley will propose a plan similar to the one he proposed last year, borrowing 
$800 million to build 4 new prisons, while closing most of the existing 
prisons.

"Mass incarceration is a crisis, but we're not really answering why," said 
Katie Owens-Murphy, an assistant professor of English at UNA. "Maybe the 
problem isn't with space but rather with the way the criminal justice system 
itself operates. Anthony Ray Hinton and Gary Drinkard show how it becomes 
possible to convict and sentence innocent people, even to death."

Gary Drinkard spent 5 years on death row for the Morgan County murder of Dalton 
Pace, a junkyard dealer. But, he was released in 2000 after getting a new 
trial. Drinkard said his lawyers weren't up to the task of defending him in a 
death penalty case the 1st time around, and the Alabama Supreme Court threw out 
his 1st conviction.

7 men have been released from death row in Alabama since the death penalty was 
reinstated in 1976. One man who has been there shares his experience.

The 2 are speaking at the Alabama Regional Graduate Conference because its 
focus this year is on confinement. Graduate students have studied prison 
literature as part of their focus on American literature.

Anthony Ray Hinton and Gary Drinkard show how it becomes possible to convict 
and sentence innocent people, even to death.

Rather than having only academic research and scholarship tell the story of the 
criminal justice system, Adair said the conference will offer a real-life 
testimony of the system's failures.

"We're putting on human face on how the system can go wrong," Adair said.

Hinton will speak Feb. 23 at 6 p.m. in UNA's Guillot University Center. 
Drinkard will speak at 4 p.m. the next day.

(source: al.com)






MISSISSIPPI:

Mississippi's Death Penalty Bill Would DESTROY What Makes Us Human


We are the ones who will be hurt by this.

While commuting home last night with my boyfriend, he asked me a very 
interesting question. Well, interesting and alarming. "Do you think that there 
will start being real fist fights in Congress?"

I wanted to say no, that our country was civilized and humane, that we solved 
things with words.

But then I really thought about the simmering resentment and anger that's been 
brewing since before the election, and I had to think differently: America is 
coming dangerously close to losing what makes us special - our civility.

Of the 33 states in this country that have the death penalty, lethal injection 
is the primary method in which executions are carried out. This continues to be 
true, even in the face of mass shortages of the drugs used to put convicted 
felons to death.

In Oklahoma and Utah, death by firing squad is still technically legal, by it's 
more of a legal holdover than anything else.

The last time a man was killed by firing squad was in 2010. Convicted murderer 
Ronnie Lee Gardner requested the firing squad because he felt it was more in 
keeping with Mormon beliefs.

Even though the choice of death was his own, it caused tremendous controversy 
at the time for obvious reasons chief among them the fact that we as a people 
believe ourselves more civilized than that manner of execution would make us 
seem.

The 8 other states that have alternative means of execution, such as hanging or 
the gas chamber, don't use them as their primary method of execution. That's 
because their continued existence is more of a legal oversight than anything 
else (like how in Carmel, New York it is still technically illegal to eat ice 
cream on the sidewalk).

That's what makes the new law introduced in Mississippi so disgusting.

Under House Bill 636, firing squad, electrocution and gas chambers will be 
added as modes of execution in cases where lethal injection may be blocked.

The thinking here: The lack of the right drugs for lethal injection is causing 
delays that leave prisoners on death row for decades.

Now, I'm all for efficiency, but as a taxpayer, I have zero problem continuing 
to pay for a prisoner's upkeep if the alternative is something as cruel and 
senseless as the violent modes of death being introduced by this bill.

We're living in a scary time, one of serious upheaval.

Our president is frequently compared to Adolf Hitler, who famously perpetrated 
a genocide of the Jewish people using gas chambers to help hurry things along.

Does overcrowding in Mississippi prisons really merit the gassing of human 
beings?

I understand that the death penalty itself is a complicated and controversial 
issue.

Even as I write this, I can hear someone saying "if we???re going to be killing 
them anyway how does the way we kill them matter?"

I understand that, to one degree or another, but I do think there's a humane 
way to do it that doesn't reduce us from human beings to animals.

We've so long prided ourselves in this country of being civilized, in doing the 
right thing whenever possible. For some (like me) the election of Donald Trump 
began the very real erosion of that belief.

Lest we forget, one of Trump's favorite general, James Mattis, had no problem 
sharing that "it's fun to shoot some people."

While people like that exist, I think they are the exception and not the rule.

I think we can be better than that, that we SHOULD be better than that.

Maybe instead of passing this bill, Mississippi legislators should be examining 
what's causing shortages of the drugs used for humane executions instead of 
reconciling themselves to losing part of what makes them human.

(source: Rebecca Jane Stokes, yourtango.com)






OHIO:

Court filing: Ohio asked 7 states in vain for lethal drug


Ohio asked 7 other states for a lethal injection drug in an unsuccessful 
attempt to continue putting inmates to death, according to a court filing.

The prisons agency also tried in vain to obtain the active ingredient in the 
drug, pentobarbital, in hopes of having a compounded version made, the filing 
said.

State attorneys cited the information in a Feb. 3 motion with a Cincinnati 
appeals court to explain why reverting to pentobarbital is not an option.

The filing says Ohio asked Alabama, Arizona, Florida, Georgia, Missouri, Texas 
and Virginia for the drug.

"None of those states agreed to provide pentobarbital to Ohio," according to 
the filing, which summarized a sealed deposition by Stephen Gray, the prison 
agency's in-house lawyer.

The filing doesn't say when Ohio made those requests. Of the 7 states, only 
Georgia, Missouri and Texas have current supplies of pentobarbital. Those 
states won't reveal the source.

Executions have been on hold since January 2014 when Ohio used a never-tried 
2-drug combo that it then abandoned.

Ohio is appealing a federal judge's ruling last month rejecting the state's 
latest proposed 3-drug execution method, which hasn't been used in Ohio.

As part of that ruling, Magistrate Judge Michael Merz said the possibility 
exists that Ohio could obtain pentobarbital.

Merz also said Ohio didn't prove that the first drug in its current 3-drug 
process, the sedative midazolam, doesn't present a substantial risk of harm.

The prison system says the opposite is true and that a U.S. Supreme Court 
ruling last year permitted midazolam's use.

"Ohio has the capability to perform constitutional executions now. It should be 
permitted to do so," Thomas Madden, an assistant attorney general, said in 
Ohio's appeal.

The 6th U.S. Circuit Court of Appeals in Cincinnati has scheduled arguments for 
Feb. 21.

The prisons system changed its execution process because it can't find 
pentobarbital, said Gary Mohr, the agency's director, who said the agency is 
"comfortable" with its position before the appeals court.

"This is a serious responsibility, and we work hard to carry out executions in 
a humane manner, with the utmost respect for the law, for victims, and for 
justice," Mohr said in a statement provided to The Associated Press. "That 
commitment is unwavering."

The state also said in its filing:

-- Ohio can't import pentobarbital or its active ingredient from a foreign 
manufacturer because the state's application to add pentobarbital to its 
current federal importer registration hasn't been acted on in four months.

-- Even if Ohio had a license to import the drug, it hasn't identified any 
company that would provide it.

(source: The Republic)

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

Lawmaker proposes death penalty for murder of first responders, military 
personnel


A Northeast Ohio lawmaker's 1st bill in the General Assembly would expand the 
state's aggravated murder laws to allow the death penalty when the victim is a 
first responder or military member.

A statehouse bill introduced by Rep. Dave Greenspan, a Republican from 
Westlake, would also expand penalties for felonious assault when the victim of 
the crime is a police officer, first responder, federal officer or military 
member.

"The intent is to really provide a strong deterrent," Greenspan said.

The bill, HB 38, is Greenspan's 1st as a legislator. 14 other lawmakers, 
including 4 from Northeast Ohio, signed on as co-sponsors.

Where did the idea come from?

The legislation grew from an idea Greenspan developed over the last few years 
as police, fire and military personnel were victims in attacks across the 
country.

Most recently was an ambush attack in December on firefighters in Youngstown 
when they responded to a call. One firefighter was wounded in the leg and 
another narrowly escaped injury when a bullet passed through his turnout coat 
but didn't hit him. The shooter was waiting across the street from the burning 
house when firefighters arrived.

What would the bill do?

Greenspan proposes amending Ohio's criminal laws dealing with aggravated murder 
and felonious assault.

Under current law, if the murder victim is a police officer, the defendant 
could face the death penalty if convicted. Greenspan's proposal would add first 
responders (firefighters and EMS personnel), military personnel (including 
ROTC, reserve forces and National Guard) and federal law enforcement officers 
to that section of law.

It would apply to current and former members of those groups.

In addition, it would add that group to laws applying to felonious assault, 
upping the crime to a 1st-degree felony and requiring that any sentences handed 
down are served consecutively, rather than concurrently.

How does it work?

The law requires that the victim either be engaged in their duty - such as a 
police officer on patrol - or that the offender specifically is looking to kill 
someone who is in the protected group.

So, for example, if an attacker strikes out against people in a VFW hall or 
veterans marching in a parade, it should be apparent, Greenspan said, that they 
are striking out against former military personnel.

What happens next?

The bill was assigned to the House Criminal Justice Committee.

It is scheduled to get its 1st hearing, along with testimony from Greenspan, on 
Feb. 21.

(source: cleveland.)

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

Justices hear Donna Roberts case for 3rd time


The assistant Trumbull County prosecutor who has faced the Ohio Supreme Court 3 
times over the same death row case says she expects the high court to come back 
with a decision within a year.

"I have been through this 3 times, so there is not a whole lot new to say on 
this," LuWayne Annos said Wednesday after returning from Columbus where she 
presented oral arguments for the state in the Donna Roberts case.

For about 45 minutes Tuesday morning, the Ohio Supreme Court heard for a 3rd 
time arguments about whether Roberts belongs on Ohio's death row. Roberts, who 
is the only female facing execution in the state, appealed her case after a 
second Trumbull County judge gave her a death sentence in 2014.

Defense attorney David Doughten told the court Tuesday Roberts deserves a life 
sentence because the Eighth Amendment to the U.S. Constitution bars a judge who 
didn't preside over trial, mitigation phase or allocution from sentencing 
someone to death.

In October 2013, the Ohio Supreme Court sent the case of Roberts, convicted for 
the 2001 planned murder of her ex-husband, Robert Fingerhut, in Howland, back 
to Trumbull County Common Pleas Court for re-sentencing. It was the 2nd time 
the high court vacated Roberts' death sentence. In the spring of 2014, Judge 
Ronald J. Rice, who was appointed to the case after the 2013 retirement and 
subsequent death of Judge John Stuard, resentenced Roberts to death.

Doughten argued Rice's action was improper, according to the Sixth and Eighth 
Amendments, as well as a U.S. Supreme Court's ruling in Hurst vs. Florida. In 
Hurst, the court in an 8-1 ruling held that the Sixth Amendment requires a jury 
to find the aggravating factors necessary for imposing the death penalty.

Doughten argued that Rice did not hear from Roberts in an allocution - the 
phase where the defendant can give a last plea for leniency before the judge 
pronounces sentence. Doughten said Rice only reviewed a transcript of Roberts' 
statements before Stuard.

In the 2nd appeal, the Ohio Supreme Court remanded the case because Stuard 
failed to state in his written opinion that he considered Roberts' spoken 
remarks.

"The judge (Rice) did not hear from Donna in person which could affect his 
decision on her demeanor and attitude," Doughten said. "He had to rule from a 
bare bones sheet of paper."

Doughten argued Rice merely did an independent review of the case, "something 
that this court is doing now."

In arguing for the state, Annos said Rice thoroughly reviewed 29 transcripts, 
including Roberts' 20-page allocution made before Stuard.

"(Judge Rice) took that allocution apart, sentence by sentence, and he took 
everything at face value," Annos argued, noting that Rice only questioned 
Roberts' credibility about allegations over whether she was beaten by 
Fingerhut. "And twice on the record, Donna Roberts said she made up those 
allegations."

Annos also took exception to the Hurst argument, saying Florida and Ohio have 
different systems when determining the death penalty.

"Hurst doesn't control Ohio death penalty statutes," Annos said.

After persisting with points about Hurst, Doughten was admonished by Justice 
Terrence O'Donnell who said, "Hurst isn't being argued here."

After both sides presented their arguments, Chief Justice Maureen O'Connor said 
the court would take their arguments under advisement.

The case arose from the December 2001 murder of Fingerhut, who operated 
Greyhound bus terminals in the Mahoning Valley. Roberts lived with her former 
husband in an Avalon Drive home in Howland. At some point , Roberts had an 
affair with Nathaniel Jackson, who was sent to prison in 2001. During his 
incarceration, Jackson and Roberts exchanged letters and phone calls. Prison 
authorities monitored this communication that revealed a murder plot, which 
served as key evidence during the trial.

When Jackson was released from prison, Roberts picked him up. 2 days after 
Jackson's release, Fingerhut, 57, was shot to death at his home.

Jackson was convicted of murder and also sentenced to death.

(source: Tribune Chronicle)



INDIANA:

New Bill Would Exempt Mentally Ill From Death Penalty----Exemption would only 
apply to defendants with 1 of 6 Serious Mental Illnesses


A trio of state lawmakers want to make a big change to the way Indiana imposes 
the death penalty.

A new bill (SB-155) from Republican Senators Jim Merritt, John Ruckelshaus and 
Eric Bassler would exempt people with a specific type of serious mental illness 
from the death penalty and grant them the same legal protective status already 
granted to juveniles and people with intellectual disabilities.

Under the new legislation, capital punishment would be removed as a penalty for 
individuals suffering from one or more of the following conditions:

--Schizophrenia

--Bipolar Disorder

--Major Depressive Disorder

--Delusional Disorder

--Post-Traumatic Stress Disorder

--Traumatic Brain Injury

"In these cases...when a person has been professionally diagnosed and judged to 
have a serious mental illness, I'm convinced that this exemption should apply. 
No person with impaired judgment due to mental illness should be executed," 
says Sen. Merritt, who supports the use of capital punishment.

What the legislation is not designed to do, however, is give mentally ill 
defendants a "free pass" to circumvent the criminal justice system.

"The defendant can still be found guilty and held accountable for crimes. This 
is not an insanity defense. It does not preclude a life-without-parole sentence 
or absolve any responsibility for the crime," says Matthew Ellis, Project 
Director of the Hoosier Alliance for Serious Mental Illness Exemption.

The Senate Judiciary Committee is expected to hear SB-155 within the next 3 
weeks.

(source: WIBC news)