[Deathpenalty] death penalty news----OKLA., ARIZ., CALIF., WASH., USA

[Rick Halperin]

May 3



OKLAHOMA:

Oklahoma's once busy death chamber to stay quiet much longer


Oklahoma has had one of the busiest death chambers in the country for decades, 
executing more people per capita than any other state since the U.S. Supreme 
Court ruled in 1976 that death sentences could resume.

But after a botched lethal injection in 2014 and drug mix-ups in 2015 that led 
to 1 inmate being executed with the wrong drug and another just moments away 
from being strapped to a gurney before his lethal injection was halted, the 
state is facing a series of hurdles and long delays before it could resume 
capital punishment.

While other states have put moratoriums in place because of shortages of key 
drugs or growing opposition to the death penalty, Oklahoma's problems stem from 
the inability of prison officials to carry out the executions as planned.

In neighboring Arkansas, four men have been executed in recent days, part of an 
original plan to execute 8 inmates over an 11-day period before the expiration 
date on that state's supply of midazolam, a sedative already linked to 
problematic executions in Ohio and Arizona. The drug's effectiveness has again 
been questioned following last week's execution in Arkansas of Kenneth 
Williams, who lurched and convulsed 20 times during a lethal injection that 
began with midazolam.

While Oklahoma voters staunchly support the ultimate punishment - more than 2/3 
supported a pro-death penalty question on the ballot in November - it's not 
clear if executions will resume again in Oklahoma any time soon.

A detailed report released last week by a commission that studied Oklahoma's 
death penalty for more than a year unanimously recommended the state shouldn't 
start executing inmates again until dozens of changes are made to various parts 
of the death penalty process, from murder investigations to the actual death 
penalty procedures.

"While I do believe there are people who are so bad and so evil that they 
deserve the ultimate punishment, I think our process is broken, and until we 
fix it we shouldn't be executing people," said former Oklahoma Gov. Brad Henry, 
who co-chaired the Oklahoma Death Penalty Review Commission and who oversaw 
dozens of executions during his 2 terms in office.

Henry voiced real concern over the possibility of an innocent person being put 
to death, noting that 10 defendants have been freed from death row in Oklahoma 
over the last 40 years.

One of those men - Ron Williamson - came within days of being executed before 
he and another man sentenced to life in prison for the 1982 killing of Debbie 
Carter were ultimately freed after DNA evidence pointed to another suspect.

One of the commission members, Christy Sheppard, is Carter's cousin and said 
the entire experience soured her and her family on the death penalty.

"We watched those 2 men, who we believed were responsible for her death, simply 
walk away, taking any truth that we had with them," Sheppard said.

While another suspect was eventually tried, convicted and sentenced to life in 
prison, Sheppard said: "We had lost all faith in the criminal justice system, 
in addition to the agonizing guilt that 2 innocent men had suffered."

Despite the commission's misgivings and a scathing grand jury report last year 
on Oklahoma's bungled executions, Oklahoma's new Attorney General Mike Hunter 
said he "respectfully disagrees" with the commission's conclusion that the 
death penalty moratorium be extended. Hunter said last week he remains 
confident the state soon will be ready to resume carrying out the death 
penalty.

"We're going to get a handle on the execution process," Hunter said. "There's 
new management at the (Department of Corrections), and I'm confident they're 
going to come up with a new execution protocol and that we'll move forward 
after that."

The attorney general's office has said in court filings that it will not 
request any execution dates until at least 150 days - or about 5 months - after 
the new protocols are released. Meanwhile, 15 death row inmates in Oklahoma 
have exhausted all of their appeals and are awaiting execution dates to be set.

(source: Associated Press)

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

Capital punishment: Commission urges 'serious reforms'


More than a year's worth of work has culminated in an almost 300-page report 
released by a bipartisan group tasked with reviewing Oklahoma's capital 
punishment procedures.

In the report, the 11-member Oklahoma Death Penalty Review Commission 
unanimously agrees that the state's moratorium on capital punishment continue 
until "significant reforms" can be made.

>From the report's executive summary, released last week:

Many Oklahomans support the availability of the death penalty, as evidenced by 
the vote in favor of State Question 776 in the November 2016 election. 
Nevertheless, it is undeniable that innocent people have been sentenced to 
death in Oklahoma. And the burden of wrongful convictions alone requires the 
systemic corrections recommended in this report.

Oklahoma has imposed a moratorium on executions since October 2015. The 
moratorium followed the January 2015 execution of Charles Warner, in which the 
wrong drug was used.

Changes recommended, conclusions made

The voluminous report recommends no less than 46 changes aimed at "systemic 
problems in key areas, including forensics, innocence protection, the execution 
process and the roles of the prosecution, defense counsel, jury and judiciary," 
according to a related press release issued Monday afternoon by the House of 
Representatives.

Throughout the report, citations and data abound. Perhaps the conclusion 
revealed at the end of Appendix IA constitutes a telling condition of the 
"systemic" problems cited above:

The data show that death sentencing in Oklahoma is not related to the race of 
the defendant. However, there are rather large disparities in the odds of a 
death sentence that correlate with the gender and the race/ethnicity of the 
victim. Controlling for other factors ... cases with white female victims, 
cases with white male victims, and cases with minority female victims are 
significantly more likely to end with a death sentence in Oklahoma than are 
cases with nonwhite male victims.

With regard to specific agencies, the report in one instance suggests the 
Oklahoma Pardon and Parole Board add diversity to its panel. As reported Monday 
by The Frontier, the departures of Patricia High and Vanessa Price left the 
board without a quorum during April and also required a unanimous 3-0 vote 
among the remaining 3 male members to approve commutation applications through 
a 2-stage process.

Currently, 15 inmates in Oklahoma await execution dates, according to Reuters.

Rep. Young lauds commission's 'heavy work'

Rep. George Young (D-OKC), who is chairman-elect of the Oklahoma Legislative 
Black Caucus, praised the bipartisan commission for their efforts Monday.

"I cannot thank the commissioners enough for their dedication to reviewing this 
important subject," Young stated in a release. "They spent hours poring over 
documents, interviewing experts and meeting with state officials, and the 
commission reached unanimous decisions that should not be taken lightly.

"This is heavy work, and the commissioners left no stone unturned when 
evaluating legal precedents and how they apply to Oklahoma's practices. Few 
people would've been willing to spend days entrenched in capital punishment 
procedures, but it was a necessary and noble commitment."

(source: nondoc.com)






ARIZONA:

Pinal County man faces death penalty in killing of ex-wife's boyfriend


Prosecutors in Pinal County have filed a notice seeking the death penalty for a 
man accused of killing his ex-wife's boyfriend.

Prosecutors believe the killing of 25-year-old Cody Virgin was done in a "cold, 
calculated" manner and warrants the death penalty, The Casa Grande Dispatch 
reported Friday.

William Randolph, 27, had been arrested in February on suspicion of killing 
Virgin and then disposing of his burned body.

He is accused of using a fake Facebook page to message Virgin and lure him to 
the area where he had been killed.

Randolph has been charged with 1st-degree murder for Virgin's death and 
aggravated harassment after being accused of instructing family members to 
harass his former wife while he is in jail.

(source: tucson.com)






CALIFORNIA:

Will the death penalty ever be enforced in California?


Q If the majority of Californians support the death penalty, why isn't it 
enforced?

-- D.S., El Segundo

A In November, Californians narrowly approved a measure seeking to speed up 
death penalty enforcement, and also defeated a measure that would have replaced 
the death penalty with a sentence of life without possibility of parole. More 
than 900 convicted killers have been sent to death row in California since 
capital punishment was reinstated in 1978, yet only 13 have been executed since 
then (the last in 2006).

The reason California has not carried out capital punishment is the method of 
execution - lethal injection - was found by a federal court to potentially 
involve cruel and unusual punishment. Revised lethal injection rules are again 
being considered, but California corrections officials last week delayed their 
new regulations by four months, If approved, the death penalty could well be 
enforced.

There are nearly 750 inmates on death row, but continuing challenges to the 
death penalty are likely. As such, it is uncertain as to just when the death 
penalty will again become a reality in California.

Q In what cases can the death penalty be imposed in California, and who 
decides?

-- G.W., Carson

A The death penalty in California is applicable to 1st-degree murder with 
special circumstances (such as murder of a peace officer, multiple murders, 
murder involving a kidnapping), sabotage, train wrecking involving a fatality, 
treason, fatal assault by a prisoner serving a life sentence, and perjury that 
causes execution of an innocent individual. Pertinent death penalty statutes 
are found at California Penal Code Section 187 through 189.

County prosecutors decide whether to seek the death penalty against a defendant 
who qualifies for capital punishment. In cases where it is sought, a jury 
decides if the death penalty will be imposed, and the jury's decision must be 
unanimous.

Q Can a defendant get the death penalty in California even if he is not 
responsible for the murder?

-- M.O., Lomita

A Yes. California Penal Code Section 189 outlines what is known as the felony 
murder rule. A homicide committed during several types of felonies (such as 
arson, robbery, mayhem, kidnapping and through use of an explosive device) can 
bring a death sentence for those who participated in the crime, even though 
they did not directly cause the death.

(source: Ron Sokol is a Manhattan Beach attorney with more than 30 years of 
experience----The Daily Breeze)






WASHINGTON:

Peninsula man serving double-murder sentence files for high court review


Darold Stenson has asked the state Supreme Court to review his 1993 
double-murder case.

Stenson, 64, was convicted in November 2013 on 2 counts of 1st-degree 
aggravated murder for the shooting deaths of his wife and business partner at 
his exotic bird farm near Sequim.

He filed a motion for review with the state Supreme Court on March 24, Clallam 
County Prosecuting Attorney Mark Nichols said Tuesday.

Stenson was sentenced in December 2013 to 2 consecutive life terms for the 
deaths of Frank Hoerner, 33, and Denise Stenson, 29.

His 1994 death-penalty conviction had been overturned by the state Supreme 
Court in May 2012.

A Court of Appeals upheld Stenson's 2nd conviction Feb. 22.

Nichols told Clallam County commissioners Monday that Stenson was "simply 
exhausting his rights."

In response to Stenson's appeal to the high court, commissioners Tuesday 
extended a special deputy agreement with appeals attorney Jeremy Morris of the 
Port Orchard firm Glisson &Morris.

Morris, who filed an answer to Stenson's petition for review April 26, will 
continue to represent the state in the Stenson case.

"We've been under contract with him for some time," Nichols told commissioners 
in their work session Monday.

Nichols said a contract extension would provide "continuity in representation" 
and allow his deputies to focus on their present caseloads. Funds for the 
$6,500-maximum agreement were included in the budget.

"This is a very, very large case," Nichols said.

The Stenson case contains 1,104 documents filed in Clallam County Superior 
Court alone.

The state Supreme Court will decide behind closed doors and without a hearing 
whether to hear the Stenson case, Nichols said.

"A decision on whether to grant review usually is made within 6 months, but 
there is no more specific timetable," Nichols said in a Tuesday email.

Clallam County will reimburse Morris $2,500 for the answer to the petition for 
review, according to the contract.

If necessary, the county will pay Morris an additional $4,000 to prepare and 
file a supplemental brief and make an oral argument before the Supreme Court.

Supreme Court arguments are typically made four to 8 months after a review is 
granted, Nichols said.

"After argument, the Supreme Court would issue a decision in due course," said 
Nichols, who added that there would be "no set timetable" for a decision.

Stenson was re-convicted after a 6-week trial in Kitsap County Superior Court.

Retired Clallam County Superior Court Judge S. Brooke Taylor was the presiding 
judge. Taylor moved the trial to Port Orchard because of publicity that the 
Stenson case generated in Clallam County.

At trial, former Clallam County Prosecuting Attorney Deborah Kelly convinced a 
jury that Stenson shot and killed his wife and business partner at 55 Kane Lane 
in the early morning hours of March 25, 1993.

Kelly argued that Stenson killed his wife for her life insurance policy and 
killed Hoerner because he owed Hoerner money and exotic birds that he did not 
have.

Stenson maintained that Frank Hoerner shot Denise Stenson before committing 
suicide.

An autopsy showed that Hoerner was both shot and beaten.

In 2008, Stenson was days away from being executed on death row in Walla Walla 
when new evidence prompted a judge to issue a stay of execution.

In May 2012, the state Supreme Court ruled 8-1 that Stenson's rights were 
violated because the state suppressed photographs that raised questions about 
mishandling of 1993 evidence.

One photograph showed an ungloved former Clallam County sheriff's detective 
wearing Stenson's bloodstained jeans with the right pocket turned inside-out.

Stenson is serving his sentence at the Washington State Penitentiary in Walla 
Walla.

(source: Peninsula Daily News)






USA:

10 Questions You Always Wanted to Ask Someone Wrongfully Put on Death Row


In 1997, a 23-year-old Damon Thibodeaux was sentenced to death after being 
convicted of raping and murdering his teenage step-cousin. Unfortunately, Damon 
was innocent of these crimes and had been railroaded based on eyewitness 
misidentification and a false, coerced confession. No physical evidence 
actually linked him to the crime.

Thibodeaux spent a decade rotting on death row before his case was 
reinvestigated. This time, with the help of the Innocence Project, holes were 
poked in the eyewitness testimonies and confession, and DNA testing of evidence 
- not used during the initial trial - showed that not only was it not 
Thibodeaux's blood on the murder weapon, but also that no sexual assault had 
occurred. In 2012, after 16 years of incarceration, Thibodeaux's was released 
from prison with his conviction overturned.

VICE asked Thibodeaux about his life-changing ordeal and he was kind enough to 
dredge up the past and answer the questions you've always had for someone 
wrongfully convicted.

VICE: Did anyone surprise and/or hurt you by doubting your innocence? How did 
that affect your relationship with them?

Damon Thibodeaux: Everyone was very supportive and that gave me strength. There 
was a time, though, when I wanted to give up on my appeals and have the 
sentence carried out because I didn't want to live like an animal in cage and, 
at the time, I didn't see any way of proving that I did not commit this crime.

Were there ever moments where you doubted your own innocence?

There was never a moment when I doubted my innocence. I knew that I did not do 
it. People who knew me and still know me had no doubts about it either.

Were you ever absolutely certain you were going to be executed for this crime 
you didn't commit and, if so, how did that change you?

I did think that I would be executed at one time. I never thought in my life 
that I would be in prison for something that I did not do, let alone on death 
row for it. Like I said, I even wanted to give up my appeals. It changed me in 
a way where I came face to face with my own mortality and the fact that at the 
time I thought that I was going to be executed for something that I did not do.

How did the entire rollercoaster of events effect or change your religiosity or 
thoughts about a higher power, if at all?

I do believe in God. Being on death row changes you spiritually. Whatever your 
spiritual beliefs, you become more aware that someone or something else is in 
control and not you.

What was the usual response inside the prison to you professing your innocence? 
Did any inmates or staff believe you? Did you believe any of your fellow 
inmates were also wrongfully convicted?

I do believe that there are others on death row and in prison for crimes that 
they did not commit. You hear stories about this person or that person being 
innocent but you don't dig into someone else's case just to make your own 
judgement. I have had a guard or 2 tell me that I did not belong there, nor did 
I fit in.

How did the other inmates treat you when the innocence project got on board and 
it seemed like there might be a chance of your sentence being overturned?

When the Innocence Project took my case I thought it was just routine. Another 
case to be handled. As time went on and their investigation got deeper I 
started thinking that I just might get my freedom back. The other inmates were 
supportive when they heard the Innocence Project was involved in my case. 
Obviously, though, they would all like to have that level of representation.

Were there any positives you were able to take away from such an awful 
experience and/or your time in prison?

The only positive that you can take from an experience like this is that it 
makes you stronger. It reinforces the fact that you do not have complete 
control of your life and that you can lose your life and freedom at any time, 
even though you are innocent.

What are your feelings about the death penalty as a form of punishment now? If 
you're fundamentally against it, is there any individual out there, prisoner or 
not, that you think deserves it?

There was a time when I would have supported the death penalty for certain 
crimes. But being on death row for 15 years for something that I did not do 
made me see that we cannot administer this form of punishment fairly or safely. 
I also don't think that we should have the power or authority to so easily take 
another person's life. In today's society, we have the means and the ability to 
punish criminals without killing them. When vengeance takes control, justice 
can no longer be served. I think people make bad choices in life - some worse 
than others - but how we react to those situations is a testament to who we are 
as a society.

How has the government compensated you for their mistake and stealing years of 
your life?

I have not been compensated. I don't know if they ever will compensate me. They 
certainly can not give back what they have taken from me. The government is 
slow to correct their own mistakes and make reparations to those that they 
hurt, but quick to punish someone before they have all the facts.

What was the biggest challenge you faced when re-acclimating to normal life and 
what do you feel like you missed out on by being incarcerated for that period 
of your life?

When I was finally exonerated and released, the biggest things I had to face 
was being social with other people because on death row there is no contact 
with anyone. Being in a relationship with a partner was an everyday challenge 
because you have to close yourself off emotionally. It's not easy having 
relationships with people after having to close yourself up like that to 
survive. I missed out on a lot of things in that time. I missed my son growing 
up, the birth and passing of family members, and not being a part of their 
lives. I missed the best earning potential of life. I will not be able to 
retire when I get old. If there is no compensation, then I will have to work 
the rest of my life.

(source: vice.com)