[Deathpenalty] death penalty news----TEXAS, PENN., FLA., ALA., LA., KY.

[Rick Halperin]

May 18



TEXAS:

Court lifts reprieve for Nicaraguan man on Texas death row


The Texas Court of Criminal Appeals on Wednesday lifted a reprieve it gave a 
Nicaraguan man a day before he was to be executed 2 years ago for killing a 
Houston high school teacher during a 1997 robbery.

The state's highest criminal appeals court had halted the scheduled August 2015 
lethal injection of Bernardo Tercero after his attorneys contended Harris 
County prosecutors unknowingly presented false testimony from a witness at his 
trial in 2000 for the death of 38-year-old Robert Berger. Wednesday's ruling 
affirms the findings of Tercero's trial court that last year held a hearing on 
the claim and determined the testimony was proper.

Berger was a customer in a Houston dry cleaners shop in March 1997 and was with 
his 3-year-old daughter when records show Tercero came in to rob the store. 
Berger was fatally shot and the store was robbed of about $400. Prosecutors 
said Tercero was in the U.S. illegally at the time.

Tercero, now 40, argued the shooting was accidental. He testified Berger 
confronted him and tried to thwart the robbery, and the gun went off as they 
struggled. He was arrested in Hidalgo County near the Texas-Mexico border more 
than 2 years after the slaying. A second man sought in the case never has been 
found.

Tercero's case has attracted attention in his home country, where a clemency 
plea from Nicaraguan President Daniel Ortega in 2015 was forwarded to Texas 
Gov. Greg Abbott.

(source: Associated Press)

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

Appeals court hears arguments in Williamson County death penalty case


A defense lawyer for a man given the death penalty for a Williamson County 
killing argued before the Texas Court of Criminal Appeals on Wednesday that the 
evidence used to convict Steven Alan Thomas did not prove he committed the 
crime.

A Williamson County jury convicted Thomas of capital murder in October 2014 and 
sentenced him to death for the sexual assault and strangulation of 73-year-old 
Mildred McKinney in 1980.

Defense lawyer Ariel Payan said Wednesday that Thomas' fingerprint, which was 
found on the back of a clock in McKinney???s bedroom, could have been there 
because Thomas worked for a pesticide company that had been to her house.

Payan also said Thomas' sperm was found on a piece of medical tape wrapped 
around one of McKinney's thumbs but that did not prove he sexually assaulted 
her. McKinney also had DNA inside of her from 3 other unknown men, he said.

The same arguments about how the evidence could not prove Thomas' guilt were 
made by his lawyers during his trial.

Payan also said Wednesday the testimony of a jailhouse snitch during Thomas' 
trial could not be confirmed and should have been inadmissible. The inmate, 
Steven Shockey, told a jury that Thomas told him about being high on cocaine, 
breaking into a house, having to restrain a woman before she got out of bed and 
taking money and jewelry.

Williamson County Assistant District Attorney John Prezas, who was representing 
the state on the appeal, said the physical evidence alone was enough to convict 
Thomas without Shockey's testimony. The clock that had Thomas' fingerprint on 
it was found in the middle of McKinney's bed near some of the cord used to tie 
her up, Prezas said.

He also said Thomas' sperm was found not on medical tape but on a ribbon tied 
around McKinney's thumb that was used to restrain her hands. Prezas also 
questioned whether Thomas had been to McKinney's house when he worked for his 
brother's pesticide company. Thomas' brother testified during the trial that 
McKinney was one of their clients but he didn't have records that showed Thomas 
made a service call to her house, Prezas said.

By state law, every death penalty case is automatically sent to the Court of 
Criminal Appeals.

"The litigants can request oral argument or not," Payan said after the hearing. 
"I almost always do, and it is usually granted but not always."

It was unclear Wednesday when the judges would make a decision.

(source: Austin American-Statesman)






PENNSYLVANIA:

The slowly-shifting status of capital punishment in PA


Anti-establishment lawyer Larry Krasner's win in the Philadelphia District 
Attorney Democratic primary Tuesday put him on track for a probable victory in 
November.

Krasner has made a name for himself as a longtime defense lawyer in civil 
rights cases, but he is perhaps best-known for his ardent opposition to the 
death penalty. His election dredged up a recurring discussion Pennsylvania has 
been grappling with for decades: what does the future of capital punishment in 
the commonwealth look like?

Pennsylvania is 1 of only 2 states in the northeast that still allows the death 
penalty. It has the 5th most inmates on death row in the nation, but in the 
last 40 years, has only executed 3 people.

Why the disparity?

Marc Bookman, with the Atlantic Center for Capital Representation--which offers 
legal training and consulting for capital punishment cases--said death penalty 
cases in Pennsylvania are often faulty.

"We haven't properly funded the defense, we haven't made sure the prosecutors 
were trained, that the defense attorneys were trained," Bookman said. "So we've 
had any number of death sentences, and them virtually all of them have been 
reversed by the courts."

Bookman's organization opposes the capital punishment--mainly on the grounds 
the trials are a waste of time and resources.

"At this point it's nothing more than symbolism," he said. "What you have is 
kind of a conveyer belt of convictions and reversals. And a situation like that 
is terribly unfair, it costs an incredible amount of money...you know the death 
penalty has essentially become a black hole."

In 2015, Governor Tom Wolf issued a moratorium on the death penalty. Several 
studies on it are currently in the works.

(source: WITF news)

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

Larry Krasner wins Democratic nomination for Philly District Attorney


A civil rights lawyer who has defended Black Lives Matter and Occupy 
Philadelphia protesters is poised to become Philadelphia's next district 
attorney.

Larry Krasner has never worked as a prosecutor but benefited from a $1.5 
million donation from liberal billionaire George Soros to an independent 
political action committee that ran commercials and sent out canvassers in 
support of his candidacy.

Krasner is a staunch opponent of the death penalty and mass incarceration. He 
has said that none of his clients have been sent to death row in 25 years of 
defending capital cases.

Krasner pulled ahead in a crowded field to win the Democratic nomination 
Tuesday over several veteran prosecutors and a former city manager. He will 
face the only Republican candidate, Beth Grossman, in the fall.

The victory followed an intriguing campaign as 8 newcomers vied for a job that 
helps shape city policy on sanctuary cities, police use of force, prison reform 
and other national issues.

The candidates hoped to succeed 2-term incumbent Seth Williams, who goes on 
trial next month in a federal bribery case. They included a Pakistani-American, 
a Cuban-American, a black Muslim and Krasner, who also got a nod from 
singer-songwriter John Legend, a graduate of the University of Pennsylvania.

Several supported prison and bail reform and prisoner re-entry programs, 
despite efforts under U.S. Attorney General Jeff Sessions to return to the era 
of long prison terms for drugs and other crimes.

The other Democrats included Joe Khan, a former city and federal prosecutor; 
Rich Negrin, a former city prosecutor and city managing director; and Tariq 
El-Shabazz, who did a stint as Williams' top assistant.

One "juvenile lifer" released this year after serving 41 years in prison for a 
killing committed when he was 17 was out canvassing on Election Day, urging 
voters to support justice reform efforts. Michael Twiggs, 59, was taking part 
in a project run by the American Civil Liberties Union.

"If we get a D.A. in place who will be somewhat compassionate, not so eager to 
throw lives away, who would be fair," Twiggs said last week, "then I think that 
... we'll be getting a better outcome."

In the city controller's race, Rebecca Rhynhart defeated incumbent Alan 
Butkovitz for the Democratic nomination.

(source: ABC News)

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

Judge refuses to overturn cop killer's death sentence


A Pennsylvania judge refused to overturn a cop killer's death sentence this 
week in an "anticipated" move likely to force the case to state Supreme Court.

The Associated Press reported a Pike County judge on Monday denied the 
defense's motion for a new sentencing hearing, just 1 week after Eric Frein's 
attorneys argued emotional testimony from the slain officer's widow clouded 
jurors' judgement.

Michael Weinstein, 1 of Frein's attorneys, said he expected the judge's ruling 
and believes the case will work its way up to the state's highest court, 
according to the AP.

Jurors found Frein guilty on April 20 of nearly a dozen charges stemming from 
the Sept. 12, 2014 ambush of 2 state troopers during a shift change at the 
Blooming Grove barracks in rural Pike County.

Cpl. Bryon Dickson II died in the attack. Trooper Alex Douglass sustained a 
gunshot wound to the back as he tried to pull Dickson to safety.

Frein received the death penalty for his crimes April 26. His attorneys vowed 
to appeal.

In court documents filed last week, the defense claimed Tiffany Dickson's 
testimony undermined any "logical reasoned moral decision the jury could make" 
to instead impose life imprisonment. During last month's hearing, the defense 
cast the gunman's father, Eugene Michael "Mike" Frein, as an abusive, 
domineering man who fostered his son's anti-government views.

Prosecutors mocked the characterization and called it a poor deflection from 
the gunman's "wickedness of heart" in what Pike County District Attorney Ray 
Tonkin described as a calculated and remorseless killing.

Tonkin "praised" the judge's ruling Monday, according to the AP.

(source: guns.com)






FLORIDA:

One of Lee County's most notorious killers still on death row


2 decades after 1 of Lee County's most notorious crime sprees, the NBC2 
Investigators go behind prison walls to uncover why the ringleader, who was 
sentenced to die, is still alive.

The "Lords of Chaos" terrorized Lee County for weeks back in April of 1996. 
After burning down a historic Coca-Cola bottling plant off US-41, the group 
then turned its sights towards Mark Schwebes, a band teacher at Riverdale High.

Derek Shields was a student in Schwebe's class. "He was a real good guy; he did 
real well with the students. He was getting me back into music."

Shields was just 18 when he became a member of the "Lords of Chaos," a teenage 
gang comprised of 4 key members. The leader of the group was Kevin Foster, a 
former student at Riverdale.

"I feared him; I feared him big time," said Shields, speaking from his prison 
facility in Hardee County. "He was a likable guy until you learned that he was 
a sicko."

But what started out as a series of petty crimes, arson and vandalism cases 
quickly took a violent turn April 30. That's when the group decided to kill 
Schwebes at his Pine Manor home after he caught them trying to vandalize the 
school.

"I really didn't think they would go that far," said Shields. "I didn't think 
we were gonna do it."

Shields was ordered by Foster to knock on Schwebe's front door while Foster 
waited behind with a shotgun. "He was standing right behind me, and I was 
looking down both barrels of that gun," said Shields, who claims he was also in 
fear for his own life. When the band teacher answered the door, Shields bolted 
to the car where 2 other teenage "Lords of Chaos" members were waiting. That's 
when Foster opened fire, twice, killing Schwebes on his front doorstep.

"When I heard that 2nd shot, I thought it was for me," remembers Shields. "I 
really thought that 2nd one was me."

Mark's sister, Pat, still recalls the moment she learned her brother was gone. 
"I got a phone call from my father. My dad was very upset, he was crying, and 
he told me that Mark was dead," she said. "I asked, did he die in a car 
accident? He said no, he was murdered."

Detectives later tracked down and arrested the 4 teens responsible. Shields and 
2 others took plea deals. Shields was sentenced to life in prison.

Foster's case went to trial. He was later convicted of murder and sentenced to 
death, by a 9-3 jury recommendation. Foster was 18 years old at the time of his 
arrest. He's now 39.

Foster remains on death row 21 years later. According to an estimate provided 
by the Florida Department of Corrections, Foster's housing and food have cost 
taxpayers about $440,000.

"It's a slow process. They take a lot of time, and the courts are jammed," said 
Joe D'Alessandro, the state attorney when Foster was convicted. He says recent 
changes to the state's death penalty laws only drag out the already lengthy 
appeals process.

"When there's a ruling and a change to the death penalty, then the lawyers say, 
'Wait a minute, this should apply to my client,' and you start all over again," 
D'Alessandro said.

Just last year, the Florida Supreme Court ruled all jury recommendations for 
the death penalty must be unanimous. Foster's attorneys appealed, citing the 
ruling, but a judge later denied their request.

"We are living murder victims. Because we have to deal with this. It doesn't 
stop," said Pat Schwebes. "I don't care if [Foster's] sentence was turned over 
to life in prison. That would be a situation for me to say, alright, we're 
done. Move on."

Although Shields was sentenced to life in prison, he says he plans to ask a 
judge for an early release sometime in the near future.

Foster and the 2 other teens arrested in this case did not return our letters 
requesting an interview.

(source: NBC News)






ALABAMA:

State to seek death penalty against Gray


A little over a month after uncertainty unfolded in a Chambers County capital 
murder case, prosecutors have reached a decision and will seek the death 
penalty against a suspect in a Valley homicide dating back almost 2 years.

In July of 2015 Valley, Alabama police officers discovered the body of Renee 
Eldridge of Columbus, Ga. She had went missing over the 4th of July holiday 
weekend of that year. Her body was discovered 3 days later in Osanippa Creek in 
Valley. Only July 13th authorities took Stacey Gray into custody for her death 
near Notasulga in Macon County.

Gray has sat in the Chambers County Detention Facility in LaFayette awaiting an 
idea of what penalty he may face in the case if convicted. In September of 2016 
it was announced that prosecutors would seek the death penalty against Gray. In 
March of 2017 that outcome was put on hold as prosecutors had until May 11th to 
make a decision on which penalty they would seek in the case against Gray.

Last week prosecutors came back and announced they would be seeking the death 
penalty against Gray for the capital murder charges in the death of Eldrige. 
Family members of Eldridge have made the 50 mile trip from Columbus to 
LaFayette for the hearings. Eldridge was laid to rest in her hometown of 
Columbus is July of 2015.

(source: thelafayettesun.com)

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

The overlooked argument that could save a death row inmate's life


[By Fredrick Vars, a professor at the University of Alabama School of Law. An 
expanded version of this article is forthcoming in the Washington & Lee Law 
Review Online.

The Supreme Court recently heard the case of an Alabama death row inmate, James 
McWilliams. A thus far overlooked argument could save his life and help level 
the playing field in other capital cases.

McWilliams was charged with rape and murder. He could not afford a lawyer, so 
one was assigned to him by the court. Before trial, his lawyer asked for and 
was granted a psychiatric evaluation. McWilliams, on psychotropic medication at 
trial, was convicted. Just two days prior to the judicial sentencing hearing, 
the state produced an expert report stating that McWilliams suffered from 
"cortical dysfunction attributable to right cerebral hemisphere dysfunction."

At the hearing, McWilliams's attorney requested a continuance to get a 2nd 
opinion from an independent expert, so as to understand both the report and 
voluminous mental health records produced by the state at the last minute. That 
request was denied. As a result, McWilliams presented only his own and his 
mother's testimony during the sentencing phase. Both described McWilliams's 
head trauma and poor mental health. In rebuttal, the state presented its own 
experts' mental health witnesses. An aggravating factor is a prerequisite for a 
death sentence, so the state also offered evidence of three such factors, 
including a past felony conviction. The judge sentenced McWilliams to death.

The question presented now is whether a 1985 Supreme Court case, Ake v. 
Oklahoma, clearly established that an indigent defendant who needs an expert is 
entitled to one who is independent of the prosecution. The parties have 
presented competing views of Ake, which were thoroughly vetted during oral 
argument. But perhaps the best argument remains hidden in plain sight.

Whatever else it said, Ake made perfectly clear that an indigent criminal 
defendant is entitled to "an expert of his own" "when the State presents 
psychiatric evidence of the defendant's future dangerousness" during capital 
sentencing. There are good reasons the parties and the Court have thus far 
missed the relevance of this proposition for McWilliams.

First, the state in McWilliams did not expressly assert future dangerousness. 
But it clearly implied that McWilliams would be dangerous in the future when it 
introduced evidence of a prior felony conviction. Felony convictions are often 
relied upon to establish future dangerousness, and criminal history is a proxy 
for future offending. The past felony conviction implied that McWilliams was, 
and would continue to be, a recidivist.

Second, the state did not rely initially on psychiatric evidence, but presented 
it only in rebuttal. This distinction is immaterial. McWilliams's mental health 
was an issue well before sentencing and by far the most powerful mitigating 
factor. The state had its mental health experts at the ready for rebuttal. 
Surely the state cannot avoid Ake by reserving its psychiatric evidence for 
certain introduction later. This kind of sandbagging is patently unfair.

Understanding these 2 points, there can be no doubt that McWilliams's case fell 
squarely within the clearest part of Ake's mandate. The state put future 
dangerousness at issue and presented psychiatric evidence during his capital 
sentencing, so McWilliams was entitled to "an expert of his own."

In addition to deciding the case before the Supreme Court, this reasoning 
compels the conclusion that criminal defendants must be provided an independent 
expert in the sentencing phase of all death penalty cases. Ake explains that 
the state "has a profound interest in assuring that its ultimate sanction is 
not erroneously imposed." All mitigating circumstances must be considered. 
Attorneys are ill-equipped to gather social history and psychological evidence, 
so mitigation specialists are essential.

Another Supreme Court case, Wiggins v. Smith, is instructive. In that case, the 
Court sustained a claim of ineffective assistance of counsel because the 
defense attorney failed to adequately investigate social history and therefore 
failed to uncover powerful evidence of sexual abuse. The Court chastised 
defense counsel for failing to "commission" a social history report. In other 
words, the Court instructed defense counsel to "commission" an expert report, 
not just rely on the state's expert. A constitutional duty to gather mitigating 
evidence is meaningful only if indigent defendants are provided with 
independent expert help.

The Court in Ake promised independent expertise in capital sentencing. It has a 
chance now to make good on that promise, and perhaps save a life in the 
process.

(source: al.com)






LOUISIANA:

Death penalty lives on in Louisiana


An effort to abolish the death penalty in Louisiana died in a House committee 
Wednesday after one of the bill's original co-sponsors switched his vote.

The bill's failure in the House Criminal Justice Committee signaled that a 
duplicate measure in the Senate by Sen. Dan Claitor, R-Baton Rouge, would 
suffer the same fate when it arrived, causing him to shelve his effort as well. 
"Why would I bring a bill (to the Senate floor) that can't get out of this 
(House) committee?" Claitor said.

Rep. Terry Landry, D-New Iberia, said fellow former lawman Rep. Steve Pylant, 
R-Winnsboro, didn't warn him that he was voting against the bill. Pylant was 
the swing vote in the 9-8 decision. "I was surprised," Landry said. "It's not 
the way I would have conducted my business with a colleague."

But Pylant said he never intended to vote for House Bill 101, but instead 
co-sponsored the measure so he could get his message out to the public that the 
state should start executing those who have been given the death penalty.

Pylant has said in previous interviews he believes the death penalty is just, 
but it shouldn't exist if Louisiana wasn't following through on executions. 
"There are a few who don't deserve to live," he said.

Louisiana has carried out just 1 execution in the past 10 years and that was of 
an inmate who asked that the sentence be carried out.

"I was trying to bring attention to the fact we're not doing it now; I 
co-sponsored the bill to get the message out that we're not doing it," Pylant 
said. "I got on line so I could get my message out. We need to either get in 
the business (of executions) or get out of it."

Landry said he will bring the bill back next year.

"I still fundamentally believe there should be a moratorium on the death 
penalty," he said."It's cost us too many dollars and too many lives and too 
many families have been broken up."

Faith leaders like Bishop Shelton Fabre, representing the Louisiana Conference 
of Catholic Bishops, testified the death penalty is an affront to God. Former 
death row inmates who were ultimately exonerated like Ray Crone of Arizona also 
testified in favor of the bill.

"Ending the death penalty is not about public policy or public opinion but 
because of our belief that all human life is sacred," Fabre said. "It's 
essential in ending a culture of death and creating a culture of life."

But families of victims testified against the bill, while Louisiana's district 
attorneys said it's an appropriate tool in the most heinous cases where the 
jury's conscience has been shocked by the viciousness of a crime.

Edie Triche's son Jeremy Triche, a St. John the Baptist deputy, was murdered in 
2012.

"The death penalty will not return my son, but it's simply a matter of 
justice," she said.

(source: Monroe News Star)

***********

House committee rejects death penalty bill


A bill that would have done away with the death penalty in Louisiana failed to 
make it out of committee.

House Bill 101 from Rep. Terry Landry would have eliminated death penalty for 
offenses committed on or after August 1 of this year.

The House Administration of Criminal Justice rejected the bill by a 9-8 vote.

Before a final vote, lawmakers did approve an amendment that would have left it 
up to voters to do way with the death penalty. The State Senate will take up a 
similar bill.

(source: myarklamiss.com)






KENTUCKY----female to face death penalty

Prosecutors to seek death penalty against woman charged with killing family


The Commonwealth Attorney's Office says prosecutors will seek the death penalty 
against Courtney Taylor.

Kentucky State Police say Taylor shot and killed her husband Larry, and her 2 
teen daughters, Jolie and Jessie on Friday, January 13th. Police say she also 
raised a gun at 2 Whitley County Sheriff's deputies when they entered her home.

Taylor pleaded not guilty during her circuit court arraignment to 3 counts of 
murder and 2 counts of wanton endangerment.

Back in February, a detective testified that Taylor told them she shot her 
husband after he depleted a cash settlement of more than $264,000 she had 
deposited in June.

(source: WKYT news)