[Deathpenalty] death penalty news----KAN., S.DAK., CALIF., USA

[Rick Halperin]

Jan. 7




KANSAS:

Competency ruling in Fairmount Park killing delayed


Saying "death is different," a Sedgwick County District Court judge on Friday 
delayed a ruling on whether Cornell McNeal is competent to stand trial in a 
case that could result in the death penalty.

McNeal is accused of grabbing Letitia Davis while she was walking through 
Fairmount Park in north Wichita on the night of Nov. 14, 2014. He has been 
charged with raping her, beating her, setting her body on fire and then leaving 
her for dead.

Davis died 8 days later. One of the charges McNeal, 28, faces is attempted 
capital murder, meaning that if he is convicted the jury could sentence him to 
death.

After receiving a second assessment from Larned State Hospital recommending 
that McNeal is competent to stand trial, Judge Warren Wilbert said Friday that 
he was prepared to rule McNeal competent and that the case should proceed.

Why case in rape, death of woman in Fairmount Park has stalled

A 2nd assessment was ordered after McNeal refused to speak with his 
court-appointed attorneys or acknowledge inquiries from the judge. He continued 
that behavior Friday in court, saying nothing to his attorneys and not 
responding to Wilbert.

"Mr. McNeal, you need to know, I think you do - and again we're going through 
the same exercise where he's just staring straight ahead and acting like he's 
not going to participate - you need to know, sir, that the state can seek to 
put you to death," Wilbert said. "So the consequences of a conviction is not 
just you go to prison.

"If the jury determines that you should be put to death, you'll have a death 
penalty hanging over your head."

The alternative to a death sentence upon a guilty conviction is life in prison 
without possibility of parole, Wilbert said.

Mark Rudy, Sedgwick County's chief public defender, requested more time before 
a competency ruling is made, saying the defense team had hired its own expert 
to assess McNeal.

"We are not accepting the findings of Larned," Rudy said, adding, "This is 
capital litigation. I'm not going to be stipulating to much of anything" - 
meaning little will go unchallenged because the defendant could be sentenced to 
death.

The defense's expert is based in Texas and has not completed his assessment, 
Rudy said.

Given the stakes of the case, Wilbert said, he agreed to defer a ruling. A 
hearing on the status of the case was set for March 14.

Sedgwick County District Attorney Marc Bennett said a competency hearing that 
could be expected to include testimony from both prosecution and defense 
experts would take place sometime after that.

(source: Wichita Eagle)






SOUTH DAKOTA:

Evaluation ordered for death row inmate


A circuit judge on Friday said he wants the attorney for a killer and death row 
inmate to submit a report detailing his client's mental disability.

Judge Doug Hoffman wants to review the report before ruling on a motion filed 
by prosecutors to dismiss Rodney Berget's death penalty appeal.

Berget in August sent a letter to his judge requesting to withdraw his appeal 
despite the wishes of his attorney.

His attorney, Eric Schulte, has argued at previous hearings that the judge 
should not rule on the motion until he's had the time to determine if his 
client is mentally diminished.

Prosecutors have contended that no evidence exist that shows Berget wasn't 
competent at the time of his offense or even now.

"It remains the State's position that due process has been satisfied," said 
Attorney General Marty Jackley in a statement. "Testing from throughout 
Berget's life shows that he is a person of at least ordinary intelligence 
meeting both federal and state competency requirements. This is a serious and 
tragic matter, and the state will continue its efforts to move these 
proceedings forward in a timely fashion."

Berget and another prisoner, Eric Robert, killed guard Ronald Johnson during a 
prison escape attempt in 2011.

Berget was scheduled to be executed in May 2015. However, his execution was 
stayed.

Robert was executed in 2012. A 3rd inmate, Michael Nordman, was sentenced to 
life in prison for providing plastic wrap and a pipe used to kill Johnson.

(source: argusleader.com)






CALIFORNIA:

Tulare County inmates make up 2% of death row


There are 749 killers, rapists and molesters condemned to die in California. 14 
of those inmates are from Tulare County.

In 23 days, Christopher Cheary, a convicted child killer, will become number 
15. The Exeter man was sentenced to death by a jury in December. Judge Joesph 
Kalashian will make the final ruling on Jan. 30.

On a per-capita basis, Tulare County juries send people to death row at higher 
rates than most other jurors in California, including Los Angeles, Alameda, San 
Diego or Fresno counties. Kings and San Bernadino juries, in contrast, give the 
ultimate punishment to convicted killers at higher per-capita rates. Juries in 
Kern County send murderers to death row about the same rate as Tulare 
County.Cheary will be transferred to San Quentin State Prison, where he will no 
doubt spend the rest of his life in a dimly-lit cell. If he's lucky, he will 
have a television, some books and an hour to exercise each day.

He will join the killers and rapists who offended before him. Cells are stacked 
five-high. On the wall, above armed guards who check on inmates every 30 
minutes, a Mickey Mouse clock that reads, "The Happiest Place on Earth." Those 
who oppose the death penalty, say it does more harm than good. But, those who 
fight for it, say it's a necessary tool in keeping communities safe.

Many in the justice system are hoping with the recent passing of Proposition 
66, the process will be expedited and millions will be saved in trial expenses. 
But there are still those who doubt the death penalty is worth the high price 
of death justice.

Either way, it';s unlikely Cheary will never see the inside of the state's 
death chamber.

A history of death

In 1972, the California Supreme Court ruled the death penalty was cruel and 
unusual punishment. 6 years later, legislatures reinstated it. At that time, 
lawmakers ruled that the death penalty was only to be used as punishment for 
those who had committed 1st-degree murder under special circumstances.

Special circumstances include murder for financial gain, murder by a person 
previously convicted of murder, the murder of multiple victims, murder with 
torture, the murder of a peace officer, the murder of a witness to prevent 
testimony and several other circumstances.

In 1982, Michael Hamilton was sentenced to death after he shot and killed his 
pregnant wife in order to collect money from her life insurance policy. The 
Tulare County man had previously hired a contract killer who unsuccessfully 
attempted to kill the woman 3 times. In 2009, a federal appeals court threw out 
the death penalty for the killer. He was recently re-sentenced to life without 
the possibility of parole.

Since 1978, Tulare County juries have sentenced 15 people to death.

Tulare County, with a population of roughly 459,000 people, has as many death 
row inmates as Fresno County - which is twice the size of Tulare County.

Kern County, with a population of 882,176, has sentenced 27 people to death.

Kings County, which has the lowest number of death row inmates, 7, also has the 
smallest population in the Central Valley: 150,960.

The district attorney for each county makes the final decision on when to seek 
death.

Currently, there are 95 pending homicide cases in the county. Of those cases, 
13 qualify for the death penalty and 7 have been approved by Tulare County 
District Attorney Tim Ward.

"The death penalty is reserved for the worst of the worst," he said. "It is not 
something that is taken lightly."

Historically, death penalty cases in Tulare County are reviewed by a panel of 6 
to 8 senior homicide prosecutors. District Attorney Tim Ward selects the panel 
based on their experience.

"I want someone on the committee who has stood in front of a jury and asked 
them to sentence someone to death," he said.

The defense counsel is also welcome to attend the case review to offer insight 
and mitigating factors that might preclude their client from the ultimate 
punishment. Ward has never gone against a recommendation from the panel.

"There is no formula," he said. "We go through this process with every case."

Tulare County Public Defender Lisa Bertolino said that in her 28 years with the 
office, housed in the basement of the Visalia Courthouse, she has never seen 
this many death penalty cases at one time. Typically, there are between 3 and 4 
cases, she said.

"This wave seems to suggest a shift in prosecution," said Lisa Strongin, 
supervising attorney for the Public Defender's Office.

Deadly price tag

Strongin believes it is difficult to put a price tag on cases that involve 
people's lives.

"Death penalty cases use vast amounts of resources and public monies," she 
said. "And it doesn't guarantee what the public wanted or even closure for 
families."

Prosecuting a death penalty case is costly. A study done by Loyola Law Review 
found that capital cases cost between 10 and 20 times as much as a 
life-without-parole case. The study also found that on average, the least 
expensive death penalty trial costs $1.1 million more than the most expensive 
life-without-parole case.

Professors at Loyola Law school estimated that capital trials, additional 
restrictions and security on death row as well as legal representation for 
defendants added $184 million to California???s budget annually.

Much of the costs occur during the 1st phase of the trial. Death penalty cases 
must be tried in 2 phases - guilt and penalty.

The last 2 cases in Tulare County took 5 years from arrest to conviction.

"We live here. We know who those taxpayers are," Strongin said. "We have to 
decide as a community how we wish to live and the values we???d like to pass 
on."

Despite knowing the high cost of trying a capital case, many Californians are 
still in favor of the death penalty. In November, more than 53 % of 
Californians voted no on Proposition 62, which would have replaced the death 
penalty with life sentences.

The failed ballot measure was partnered with Proposition 66, which sought to 
expedite the appeals process and ultimately death. The measure narrowly passed 
with 51 % of Californians in favor.

"People are tired of supplementing the people on death row," said Maggie Melo, 
a criminal defense attorney at Sarsfield and Melo. "Those sentenced to death 
have special accommodations."

Just days after voters approved expediting the process, though, a group of 
opponents filed a lawsuit, taking the decision out of the hands of voters and 
putting it into the hands of the California Supreme Court.

Ending the wait

Kermit Alexander co-authored the argument for Proposition 66. His mother, 
sister and 2 nephews were shot dead in 1984 and the gunman was condemned to die 
for the crime in 1986.

Tiequon Cox remains on death row.

In Alexander's letter to the Attorney General, he wrote:

"California's death penalty system is ineffective because of waste, delays, and 
inefficiencies. Fixing it will save California taxpayers millions of dollars 
every year. These wasted taxpayer dollars would be better used for crime 
prevention, education, and services for the elderly and disabled."

California has not executed a death row inmate since 2006 because of legal 
challenges that question the lethal injection protocol. Of the 749 death row 
inmates, only 24 have completed the federal habeas corpus review.

Bertolino has seen a number of death penalty cases and knows the emotional 
strain it places on attorneys and families. Kalashian applauded the attorneys 
on both sides of the Cheary case for handling the stress so well.

"A death sentence is just the beginning," Bertolino said. "It's not when the 
proceedings end. It's not a final sentence and it does the family a 
disservice."

Proposition 66 was designed to put trial courts in charge of initial petitions, 
known as habeas corpus petitions - challenging death penalty convictions. The 
measure would allow the judge who handled the original murder case to hear the 
habeas corpus petition. It will also allow petitions to be appealed to the 
court of appeals and to the California Supreme Court. The measure requires the 
habeas corpus petition process and appeals to be completed within 5 years after 
the death sentence.

Proposition 66, also changes the requirements for criminal attorneys who 
represent convicted inmates which would guarantee inmates received competent 
lawyers.

Currently, there are more than 300 inmates on death row waiting for legal 
representation for their state appeals and federal habeas corpus petitions, 
said Michael Millman, executive director of the California Appellate Project. 
There are fewer than 100 attorneys qualified to defend death penalty cases.

Bertolino isn't the only attorney who doubts the effectiveness of the measure.

"It's not going to work," Melo said. "Many rights surrounding the death penalty 
have to do with federal rights."

More harm than good

Phillip Cherney, one of the few state-approved capital case appeals attorneys, 
also believes the proposition will do more harm than good. Prior to the 
approval, Cherney wrote that the proposition was "muddled" and "confusing". 
Most of the time spent reviewing death penalty cases are done in federal court. 
Additionally, federal judges are not subject to state rules and do not take 
orders from state courts.

Cherney, based in Visalia, worried that if it passed, it would become the 
subject of litigation and heavy judicial scrutiny.

He was right.

"Passage will only exacerbate the existing problems of supply and demand," he 
said

On Nov. 9, litigation was filed in the state Supreme Court by John Van de Kamp, 
a former attorney general, and Ron Briggs. The 2 alleged that the proposition 
was unconstitutional and would encourage lawyers to "cut corners."

The state's high court stayed the implementation of the proposition on Dec. 20.

"California voters by substantial margin reaffirmed their support for an 
effective death penalty process to properly punish the most evil murderers and 
provide justice to the victims' families," said Steve Wagstaffe president of 
the District Attorney Association. "The Supreme Court action halting the 
implementation of Proposition 66 was expected and district attorneys statewide 
are confident the Supreme Court will find all provisions in the law to be 
constitutional and will reject this latest stall tactic by opponents of the 
death penalty."

Ward, a proponent of the measure, said many foresaw that death penalty 
opponents would file appeals but were not concerned the measure would be 
halted.

"No matter what side of the argument you fall on, we all agree pre-66 the 
system was broken," he said. "The death penalty needed to be remedied not 
ended."

Defense attorneys argue that sending inmates to the death chamber faster is not 
the solution. Death penalty cases take time to research, defend and prosecute 
to ensure the accused is truly guilty of the crime, Melo said.

"There are many instances where the accused is released because they were found 
innocent," she said.

According to the Innocence Project, there have been 18 people proven innocent 
and exonerated after serving time on death row. Those inmates served a combined 
229 years in prison, including 202 years on death row.

However, Ward pointed out that none have been exonerated from California, a 
state in which the death penalty is highly scrutinized.

"There is a constant battle going on in the state on how the death penalty 
should be imposed," Melo said. "You can't simply say we aren't killing people 
fast enough, let's kill them faster. There is no simple solution."

Death row by the numbers:

1) Kings, 7, 0.92% (150,960) (1 per 21,565)

2) Riverside, 89, 11.76% (2,189,641) (1 per 23,602)

3) (Tied) Kern, 27, 3.57% (882,176) & Tulare, 14, 1.85% (459,000) (1 per 
33,000)

4) Alameda, 43, 5.68% (1, 201,000) (1 per 35,000)

5) Los Angeles, 234, 30.91% (9,818,605) (1 per 42,000)

6) Fresno, 15, 1.98 (930,452) (1 per 62,030)

7) Santa Clara, 27, 3.57% (1,781,642) (1 per 66,000)

8) San Diego, 39, 5.15% (3,095,313) (1 per 79,000)

9) San Francisco, 1, 0.13% (1 per 864,816)

(source: Visalia Times-Delta)






USA:

With federal case nearing end, judge indefinitely delays Dylann Roof's state 
trial


With Dylann Roof's federal death penalty trial nearing an end, a judge on 
Thursday indefinitely delayed a state proceeding that was scheduled for later 
this month.

State authorities were the first to charge Roof, 22, in the June 17, 2015, 
racially motivated attack that killed nine black worshipers at Emanuel AME 
Church in Charleston. But with that murder case moving toward trial last year, 
federal prosecutors decided to also pursue the death penalty, and a judge set 
an earlier date for the hate crimes trial in U.S. District Court.

It was the 1st time both state and federal prosecutors simultaneously pursued a 
defendant's execution.

Roof is now representing himself in the penalty phase of his federal trial. His 
state case was to be heard Jan. 17, but Circuit Judge J.C. Nicholson signed 
paperwork delaying it "until further order of this court."

Nicholson noted in the filing the ongoing federal trial.

Ninth Circuit Solicitor Scarlett Wilson is leading the state's prosecution of 
Roof on nine counts of murder, three of attempted murder and a firearms charge.

She lamented the federal trial's earlier date when it was set last year. At one 
point, she pointed out the federal government's track record for actually 
carrying out executions and said the federal proceeding would have "little or 
no relevance to the defendant's ultimate fate."

But it remains unclear how she will proceed with the prosecution after a jury 
decides Roof's sentence on his 33 federal convictions.

"We have been closely monitoring and in constant consultation with the federal 
prosecutors who have done an outstanding job," she said Thursday. "Our plans 
have not changed, but we will continue to re-evaluate as the circumstances 
dictate."

(source: postandcourier.com)

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

Don't execute Dylann Roof - that's exactly what he wants


Dylann Roof shouldn't get the death penalty.

Yeah, I said it.

Who you know ever Seen God?

But everybody seen The Devil

That quote from Amiri Baraka's poem "Somebody Blew Up America" makes me think 
of Dylann Roof and that icky feeling that coats my stomach every time his face 
flashes across the TV screen or appears on my social media timelines.

On June 17, 2015, Roof, who was 21 at the time, visited a weekly Bible study 
held at Emanuel African Methodist Episcopal Church in downtown Charleston, 
South Carolina, and kicked it with congregation members as they praised God. 
Then he opened fire and killed 9 innocent victims. Shortly after the massacre, 
Roof fled the scene and was captured a day later in Shelby, North Carolina, 
where the arresting officers purchased him a cheeseburger.

Roof, now facing the death penalty, is representing himself. On Thursday he 
told the court, "I would like to make it crystal clear I do not regret what I 
did. I am not sorry. I have not shed a tear for the innocent people I killed."

I think, though, that Roof knows that he's worthless and wants to die but is 
too much of a worthless coward to kill himself. Roof probably thought that his 
arresting officers would shoot him, but it doesn't work like that. Cops are 
only conditioned to shoot black gunmen, unarmed black people and, well, 
anything black in general. When it comes to white people like Roof, even after 
they murder a whole class of Bible studiers, cops become restraint experts. 
Their guns go warm - cold, even. They don't pull the trigger after 20-second 
interactions like they might in cases dealing with black people. They show up 
and treat killers to cheeseburgers.

"I do feel sorry for the innocent white children forced to live in this sick 
country and I do feel sorry for the innocent white people that are killed daily 
at the hands of the lower race." Roof continued. "I have shed a tear of 
self-pity for myself. I feel pity that I had to do what I did in the first 
place. I feel pity that I had to give up my life because of a situation that 
should never have existed."

Nothing is wrong with Roof. He is proud of his cowardly act and wants to be 
rewarded with death. I think he should live. The death penalty is too good for 
him. He needs to sit and rot in prison. Roof said, "There's nothing wrong with 
me psychologically," meaning that that he clearly understands his 2 options. 
Between death or living the rest of his natural life in jail, the latter is a 
far more painful punishment.'

Roof should spend the rest of his life surrounded by blackness and guided by 
black people. He should be forced to live in a prison full of black inmates, 
staffed by black correctional officers and led by a black warden. When they 
whip his ass, he should go to the infirmary and be treated by black doctors and 
black nurses. He can work out next to black inmates in the gym or go to the 
prison library and read books about black people, written by black people.

Cover him in pain. Surround him by the things he hates and mentally torture him 
for the pain he has caused to so many people. Death is too good for someone 
like Roof. Let him die of natural causes in a box instead.

(source: D. Watkins is an Editor at Large for Salon. He is also a professor at 
the University of Baltimore and founder of the BMORE Writers 
Project----salon.com)

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

Why does capital punishment still exist?


Upon the birth of a new year let's talk about death, shall we? The death 
penalty, to be precise.

The topic loomed over a courtroom in Charleston, S.C., this week where the 
self-proclaimed white supremacist, Dylann Roof, undertook a fool's errand.

After a jury quickly found him guilty of the cold-blooded murders of 9 black 
parishioners with whom he had just prayed, Roof declared he would act as his 
own attorney during the sentencing phase of his trial. Roof faces the death 
penalty and Judge Richard Gergel repeatedly reminded the 22-year-old defendant 
that it was "a bad decision" to represent himself. Roof did it anyway.

I have written in this space in the past that I am morally opposed to capital 
punishment - until I'm not. My flip-flops come with cases that are so heinous 
that I'm forced to seriously consider whether death is the proper punishment.

The same with the Rev. Joseph Darby, of the African Methodist Episcopal Church 
where Roof's crimes took place.

Darby has never supported the death penalty but now realizes that when extreme 
evil appears - Roof confessed to police that he wanted to start an American 
"race war" - extreme measures must be taken.

Like many of us, Darby seems conflicted. He indicates he wants the ultimate 
punishment for the man who so callously murdered his church members but he 
knows jurors may also waffle on the issue.

So what if jurors don't unanimously agree on death?

"That could very well be the end of the death penalty in America," Darby said, 
"because if there was ever justification for killing anybody, this is the 
case."

We've heard that before haven't we? "If ever there was a case for capital 
punishment it is the case of ----" (Fill in the blank). A crazed gunman or 
terrorist who massacres innocent people (think the Oklahoma City bomber, 
Timothy McVeigh), a pervert who sexually abuses then murders a child, a mother 
who kills her own children so she can be with a new man - all cases that seem 
to scream out for in-kind retribution.

But wait. You're either for the death penalty or you're not, right?

Seems the good reverend and I aren't the only ones struggling with this moral 
dilemma. Major polling organizations report that citizen approval of the death 
penalty has been slowly eroding since the peak of support in the mid-'90s.

So, is the death penalty on its way out in the U.S.? Depends which poll you 
read.

The Gallup Organization says no. In October 2015, Gallup found 61 % of 
Americans still supported capital punishment for convicted murderers. A year 
later Gallup reported that number had slipped to 60 %.

However, the Pew Research Center also conducted a poll in the fall of 2016 and 
found only 49 % of Americans favor a death sentence for convicted murderers.

Recent revelations about racial disparity in sentencing and wrongful death row 
convictions may have changed some minds. According to DeathPenaltyInfo.org over 
the last 4 decades at least 156 people have been exonerated and freed from 
death row.

What if those wrongfully convicted had been executed? Its chilling to ponder.

All this said, executions have become rare in the U.S.. The majority of states, 
31 out of 50, have either done away with the death penalty or have not carried 
out an execution in at least 10 years.

Still, last year, 20 convicted murderers were put to death in Georgia, Texas, 
Alabama, Missouri and Florida. All were men, most were white but 2 were black 
and 2 were Latino.

So where does this leave us? If the Pew poll is correct it is like so many 
other issues in America. We seem to be almost evenly split on the question of 
capital punishment - 49 % favor it, 42 % don't.

In my heart, I think there is an inherent contradiction to capital punishment.

If killing is wrong, then why do states condone it via executions? Killing a 
killer seems hypocritical. Doing it for vengeance sake brings to mind the old 
saying, "An eye for an eye leaves the whole world blind."

If society's goal is to keep us safe from murderous criminals, locking them in 
prison for life achieves that. It is a much cheaper alternative than housing a 
maximum-security death row inmate and footing the bill for their protracted 
appeals. A death row inmate can easily cost a state $1 million more than a 
convict who is sentenced to life.

And try as they might, experts have not been able to find evidence that capital 
punishment deters future crimes. So, remind me again why we do it?

(source: Column, Diane Dimond, Albuquerque Journal)