[Deathpenalty] death penalty news----TEXAS, N.C., FLA., ALA., TENN.

[Rick Halperin]

Jan. 7



TEXAS----female may face death penalty

'Drug addict' Texas mom smirks in her mugshot after being charged with stabbing 
her 5-year-old daughter to death and attacking her father-in-law who tried to 
stop her


A mom appears to be choking back laughter in her mugshot after allegedly 
mutilating and killing her 5-year-old daughter.

Krystle Villanueva, 24, is charged with capital murder for allegedly stabbing 
her daughter Giovanna Larae Hernandez to death.

She could face life in prison or the death penalty.

Villanueva is also accused of stabbing her father-in-law, Eustorgio 
Arellano-Uresti, who tried to stop the attack.

Mr Arellano-Uresti says that at 11am January 5 he went to go make lunch at the 
home in Kyle, a town located 25 minutes from Austin.

According to KXAN, he saw Villanueva take a knife to her back bedroom then he 
heard Giovanna crying out in pain.

Mr Arellano-Uresti tried to grab the weapon from Villanueva and she attacked 
him, stabbing him in the forehead and back.

Witnesses then saw Mr Arellano-Uresti leave the home and Villanueva run after 
him with a shotgun that was not loaded.

Police and the SWAT team were called to the scene and found Villanueva washing 
off in the shower. Giovanna was dead in a bedroom.

Neighbors were shocked that such a horror could happen in the quiet Green 
Pastures subdivision.

Toxicology reports are still out, but Villanueva's friends said she suffered 
from drug addiction. They were also in shock that the mother could commit such 
a crime.

Arellano-Uresti alleged his daughter-in-law used drugs, alcohol and marijuana 
according to the affidavit. Her sister told officers in 2015 she went to a 
nearby rehab center for substance abuse.

Villanueva's friend Sabrine Sifuentez told the station: 'She went to a rehab. 
She did a 90-day program and she came out good. She was doing good. She had a 
job.

'She tried to get help. I don't know if she just relapsed, or I really can't 
say what happened.'

On a live Facebook broadcast by KXAN, Sheriff Gary Cutler said: 'This is one of 
the worst cases I've ever seen.'

'The suspect has had minor issues with law enforcement in the past, nothing 
major.'

She is also charged with second-degree felony charge of aggravated assault with 
a deadly weapon.

In one of the 'About Me' sections on one of her Facebook profiles she says: 
'The most important things to me in life is family and succeeding in life but 
especially my daughter Giovanna La'Rae. I'd do anything in the world for this 
chick.'

Villanueva is being held on a $1.1 million bond at the Hays County Jail. Of the 
total $800,000 is for capital murder and $300,000 is for aggravated assault.

(source: dailymail.co.uk)






NORTH CAROLINA:

Convicted killer sues, claiming a conspiracy to keep him on death row


A convicted killer appeared in New Hanover County court Friday for a hearing 
related to a lawsuit he filed against several defendants he claims are 
conspiring to keep him on death row.

Shan Carter, 42, is convicted of killing 3 people in 2 separate incidents, 
including the kidnapping and murder of Donald Brunson on Dec. 6, 1996, and the 
murders of Tyrone Baker and an innocent bystander, 8-year-old Demetrius Greene, 
on Feb. 16, 1997.

In October 2016, Carter filed the lengthy, handwritten federal lawsuit, naming 
District Attorney Ben David, Governor Roy Cooper (in his capacity as former 
Attorney General), and his legal counsel on his appeal of his death sentence 
among others as defendants.

"Between February 18, 1999 to this present date all the defendants at various 
times between the said dates joined in conspiracies against the plaintiff 
consisting of a conspiracy to murder the plaintiff by poisonous lethal 
injection under the color of law in the state of North Carolina's Death Chamber 
at Central Prison, in Raleigh, NC, malicious communicating threats to murder 
the plaintiff, kidnapping the plaintiff, tampering with (a civil rights) victim 
- witness, mail and or wire fraud, aiding and abetting, and circumventing the 
state criminal procedure that's federally funded," the lawsuit states.

In the suit, Carter claims he attempted on at least four occasions to have 
Cooper investigate his cases because of "trial misconduct," but Cooper refused 
and "investigated other high-profile, race-based, and political cases."

On Wednesday, Johnston County Superior Court Judge Thomas Lock allowed Carter's 
defense attorneys, William Durham and Kristin Parks, to withdraw from his case, 
as they could not reasonably defend Carter while attempting to defend 
themselves.

Before the ruling, Lock gave Carter the option to remove Durham and Parks as 
defendants from the lawsuit, so they could continue to represent him and not 
delay his appeal by having new attorneys assigned to defend him. He declined.

"It's going to take several months, if not more years," David explained. We're 
ready and have been ready, I've been living with this case virtually as long as 
I've been a prosecutor, so I'm pretty familiar with it. It's going to take new 
attorneys some time to get up to speed and we'll certainly meet them in any 
courtroom to continue to hear this case when they're ready."

Carter is seeking compensatory treble damages of upward of $95 million, an 
injunction ordering the defendants "cease their racketeering activity," court 
costs and attorney fees, and a trial by jury.

David, who was trial counsel when the murders occurred, said this type of legal 
action was not uncommon for inmates in Carter's position.

"Increasingly, we are seeing that defendants are shooting the messenger, firing 
their attorneys or filing lawsuits against them," David said. "It is not 
uncommon unfortunately now to see the process being put on trial when the 
defendant has no other avenue."

The murders

According to court documents, Carter and 2 other men wearing masks entered 
Brunson's bedroom, ordered him and his girlfriend to the floor at gunpoint, 
fired a shot, and violently beat him. The intruders then took money and jewelry 
from Brunson, and beat him until he lost consciousness. The men then left with 
Brunson in his girlfriend's car.

Masks were found inside the vehicle when investigators located it later that 
morning in a wooded area approximately 7 miles from their home. Brunson's body 
was located about 100 yards from the vehicle with 3 gunshot wounds in his back 
and 1 in his upper right arm.

Carter was convicted of 1st-degree murder, 2nd-degree kidnapping, robbery with 
a dangerous weapon, and 1st-degree burglary in connection to Brunson's murder. 
He was sentenced to life in prison.

In late 1996, Carter was involved in a number of break-ins and burglaries in 
Wilmington, including one at Baker's home, which resulted in the theft of 
approximately $35,000 in cash, court documents state.

This incident led to confrontation between Carter and Baker in front of a 
grocery store located at Tenth and Dawson streets. Carter fired shots at Baker, 
who ran down Tenth Street. While chasing Baker, Carter fired more shots, 2 of 
which hit Baker in his leg and torso.

Demetrius, who was with his mother heading to a toy store, was hit and killed 
by a stray bullet that went through a windshield in his mother's car.

Baker collapsed nearby, and died a short time later.

Carter was convicted of 2 counts of 1st-degree murder for the killings of Baker 
and Demetrius, for which he received the death penalty.

Attorneys call Carter "delusional"

In February 2015 hearing, Durham and Parks told Judge Jack Hooks their 
relationship with Carter was "really in a bad place," and that he was 
"delusional." The hearing was to determine if Carter was competent enough to 
represent himself in court for his requested retrial. Hooks said he saw no 
issues with Carter's legal counsel, and kept them on his case.

In a hearing 3 months later, Carter claimed post-conviction DNA testing proved 
he did not murder Brunson, entitling him to a new trial in the case and removal 
from death row. In September, Judge Jack Hooks denied Carter's request for a 
new trial and upheld the death penalty, saying the new testing of old evidence 
would likely not change the outcome of the original trial.

(source: WECT news)






FLORIDA:

Florida Changes Lethal Injection Drugs


In the midst of a major upheaval involving Florida's death-penalty laws, state 
corrections officials have adopted a new lethal-injection procedure that 
includes a drug never before used for executions and another used only by 
accident.

The move is almost certain to spur more litigation over the state's 
already-embattled death penalty, in limbo for nearly a year in the aftermath of 
a U.S. Supreme Court decision last January that struck down as unconstitutional 
Florida's capital sentencing system because it gave too much power to judges, 
instead of juries.

The Department of Corrections posted the revised 3-drug lethal injection 
protocol on its website Thursday, a day after Secretary Julie Jones signed the 
new procedure.

The new triple-drug cocktail is the only one of its kind among the states that 
rely on similar procedures and incorporates a sedative never before used in 
executions, along with a killing agent used only once - when Oklahoma 
executioners used it by accident.

Inmate Dane Abdool is 1 of 5 death row inmates who are plaintiffs in a federal 
lawsuit challenging Florida's lethal-injection protocol.

The News Service of Florida first reported in December that the corrections 
agency may be considering a new drug protocol, based on records related to a 
lawsuit filed by Arizona death row inmates. The records revealed that Florida 
has run out of the sedative midazolam hydrochloride, will soon run out of 
potassium chloride --- the final drug in the triple-drug lethal injection 
cocktail - and spent $12,000 last year stockpiling 3 new drugs.

Department of Corrections spokeswoman Michelle Glady said in an interview 
Thursday the agency did not know whether the protocol has ever been used 
elsewhere.

States have been scrambling to obtain lethal injection drugs after 
manufacturers have refused to sell the substances to corrections agencies for 
execution purposes.

In its new protocol, Florida is substituting etomidate for midazolam as the 
critical first drug, used to sedate prisoners before injecting them with a 
paralytic and then a drug used to stop prisoners' hearts.

Midazolam, still in use by some states, is the focus of the Arizona lawsuit, 
filed after convicted killer Rudolph Wood took 2 hours to die in 2014. Arizona 
corrections officials have tried to get the lawsuit dismissed as moot because 
they contend they have run out of the drug and it is no longer available. At 
least 4 other states claim they have supplies of midazolam.

Concerns about midazolam also prompted the Florida Supreme Court last year to 
halt the execution of Jerry William Correll, pending the outcome of a lawsuit 
filed by Oklahoma prisoners over the drug's use. In June 2015, a sharply 
divided U.S. Supreme Court rejected the challenge in the landmark case, known 
as Glossip v. Gross.

Etomidate, also known by its brand name "Amidate," has never been used before 
as part of the 3-drug execution procedure in the U.S., according to Megan 
McCracken, a lawyer with the Death Penalty Clinic at the University of 
California, Berkeley Law School.

(soruce: WLRN news)

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

Orlando senator files bill to bring back death penalty


Hoping to reinstate the death penalty in Florida, a Democratic state senator 
from Orlando filed a bill Friday that would require juries to be unanimous in 
condemning a killer.

If approved, the measure (SB 280) by Sen. Randolph Bracy could end delayed 
trials and confusion over a Florida Supreme Court ruling in October that struck 
down the state's capital punishment law.

Lawmakers last year tried to fix the death penalty law by requiring a 10-2 jury 
vote for death sentences, but the court's ruling said a 12-0 vote was needed. 
The Senate preferred a unanimous jury, but the House and state prosecutors 
wanted more leeway.

"The Supreme Court has kind of set the direction that we need to go in, so I 
think there'll be more buy-in from the House," said Bracy, chairman of the 
Senate Criminal Justice Committee.

No bill has been filed in the House yet, but House Judiciary Committee chairman 
Rep. Chris Sprowls, R-Palm Harbor, said his panel will hold hearings on the 
issue next week. He wants to look at the entire death penalty statute for 
possible changes, not just the unanimous jury provision.

"There's a pronged analysis that goes into every death penalty case," said 
Sprowls, a former prosecutor who has tried capital murder cases. "We're going 
to view each one of those independently and collaboratively and figure out the 
best scheme to serve Floridians."

Lawmakers say the issue is among their top priorities and that delays of murder 
trials are plaguing the courts. Senate President Joe Negron, R-Stuart, said 
about 200 cases are affected by the death penalty's status in limbo.

"I think its paramount for the victims' families for cases to be fairly 
adjudicated without delay," Negron said. He added that he hopes for a Senate 
vote soon after the legislative session that begins March 7.

The issue stretches back to January 2016, when the U.S. Supreme Court struck 
down Florida's death penalty law because it allowed a judge to issue a death 
sentence after taking into account a jury's recommendation. Under the old law, 
a 7-5 majority recommendation was enough to recommend death.

Except for Alabama and Florida, all of the 32 states with capital punishment 
require a unanimous vote for death. Florida was one of five states that 
executed a prisoner in 2016.

The Legislature responded by passing the 10-2 jury vote law. That was then 
declared unconstitutional as well by the Florida Supreme Court's October 
ruling.

But even if lawmakers pass a new law this year, courts could be grappling with 
the fallout in the future. The court's October ruling didn't specify what 
should happen to ongoing capital murder cases or whether those on death row who 
weren't sentenced by a unanimous jury have grounds for an appeal of their 
sentence.

Bracy said he believes the Legislature should declare the unanimous jury 
provision to apply retroactively, but he hasn't included it in his bill. That 
would give every prisoner on death row sentenced to death by a split jury the 
grounds to appeal for a life sentence.

The state's highest court compounded the confusion this week when it issued an 
order telling prosecutors they couldn't seek the death penalty in ongoing 
murder trials, only to vacate the order hours later. A court spokesman later 
said the order was "prematurely issued."

The episode came a day after a judge for Brevard and Seminole counties 
empaneled a jury for the sentencing phase of a murder trial, thinking he could 
move forward by telling the jury a death sentence had to be unanimous.

Sprowls said the ambiguity of the law is causing "paralysis" in the trial 
courts. Judges are typically allowed to issue alternate jury instructions to 
comply with a court order that updates existing laws, he said, but it doesn't 
seem like the Florida Supreme Court will allow that to happen in this case.

"I think that you have a court that is clearly demonstrating a systematic 
hostility towards the death penalty in general," Sprowls said.

Gov. Rick Scott, who signed the death warrants and oversaw the executions of 23 
prisoners since he took office in 2011 - the most of any governor since the 
death penalty was reinstated in 1976, isn't pressing lawmakers for an answer to 
the situation.

A spokeswoman for Scott said his office is still reviewing the Florida Supreme 
Court ruling, but wouldn't say if he has a preference for how the law should be 
fixed.

Meanwhile, the families of murder victims, the 384 prisoners on death row, 
prosecutors, defense attorneys and judges are waiting on a resolution. Groups 
that oppose the death penalty are also awaiting the outcome, but are pleased 
the courts are moving toward making it harder to get the death penalty.

It's also put a de facto moratorium on executions, as Scott hasn't signed a 
death warrant since the U.S. Supreme Court's ruling last year.

Ingrid Delgado of the Florida Conference of Catholic Bishops noted that 
Saturday marks one year since the last prisoner, Oscar Ray Bolin Jr., was 
executed.

"This is another reminder that executions are not needed to keep society safe," 
Delgado said.

(source: Orlando Sentinel)






ALABAMA----new death sentence

Alabama jurors recommend death penalty in triple slaying


Jurors are recommending the death penalty for a man convicted of killing 3 
people in southeast Alabama.

A Houston County jury says Ryan Clark Petersen should die after being convicted 
of capital murder in the gunshot deaths of 2 men and a woman at a nightclub in 
Wicksburg in 2012.

Jurors voted 10-2 Thursday in favor of lethal injection, but a judge could 
still sentence Petersen to life imprisonment without parole.

Prosecutors say the 27-year-old Enterprise man opened fire after being told to 
leave the bar following a dispute with an employee.

Jurors rejected defense claims that Petersen wasn't responsible for his actions 
because he drank a lot of alcohol and was mentally impaired.

The shooting at Teasers Nightclub killed Tiffani Grissett, Cameron Paul Eubanks 
and Thomas Robins Jr.

(source: Associated Press)






TENNESSEE:

Bill aims to send death penalty appeals straight to state Supreme Court


A bill filed Friday in the state House aims to eliminate a step in death 
penalty appeals, sending cases directly to the Tennessee Supreme Court.

Rep. William Lamberth, R-Cottontown, filed the bill that, if passed, could 
expedite death sentence appeals. Lamberth said Tennessee is 1 of fewer than 5 
states in the country that requires midlevel or intermediate state appellate 
courts to hear death penalty cases.

"To me, if all these other states seem to feel like this is a good and just 
process, then I think it would very well for Tennessee as well," he said.

People who receive a death sentence here have automatic appeals to the 
Tennessee Court of Criminal Appeals and then a mandatory review at the 
Tennessee Supreme Court. Because of that process, a decision on the sentence is 
not final until the state's top court hears the case, Lamberth said.

There also are federal appeals, on which the bill would have no impact. 
Together the appeals process can extend for years or decades.

"I think it's just more fair to the defendants and the victims' families to get 
a decision from that top court as soon as possible," Lamberth said.

Lamberth said he "couldn't promise" that the new process would shorten the time 
between conviction and execution. It also has the potential, he said, to more 
quickly exonerate defendants who were wrongly convicted or allow new trials to 
happen sooner.

There are 63 people on death row, according to the Department of Correction, 
only 1 of whom is a woman.

Tennessee allows the death penalty via lethal injection and a secondary method, 
the electric chair. The last execution was in 2009 and since then carrying it 
out has been on hold because of legal challenges.

The Tennessee Supreme Court is now considering whether the state's single drug 
lethal injection protocol is constitutional. At oral arguments in October the 
justices had questions about better alternatives, but lawyers for the inmates 
said they did not have to provide one.

The court has not yet ruled on the issue. If it upholds the current law, it 
could green-light executions to resume in Tennessee.

(source: The Tennessean)