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

[Rick Halperin]

May 24



UTAH:

Utah government chooses firing squad over lethal injections


Lethal injection drugs are scarce, which means Utah will be using its second 
choice, firing squads, to carry out the death penalty.

Hospira, the sole legal provider of the lethal injection drug, said its will no 
longer make the drug because of a global campaign by death penalty opponents, 
as stated in an E-newsletter this year from the Council of State Governments. 
The shortage of lethal injections has caused many states to use firing squads 
or to use their injections sparingly.

Gov. Gary Herbert signed bill HB11 2 years ago to allow execution by firing 
squad if lethal injection was not available.

Mississippi and Oklahoma also have a firing squad as an execution option. 
Whereas Utah uses firing squad as a 2nd choice, Mississippi and Oklahoma have 
it as a 3rd choice.

"The best and most humane alternative to the injection is the firing squad, and 
several states have the firing squad as a pending decision to their execution 
options - for Utah, the firing squad a permanent solution," said Rep. Paul Ray, 
R-Clearfield, the chief sponsor of HB11.

Ralph Dellapiana, who founded Utahns for Alternatives to the Death Penalty in 
2007, said there is no definition for what constitutes a "humane way to kill 
another human being."

Utahans for Alternatives to the Death Penalty is a group of multiple 
organizations that oppose the death penalty and who "are dedicated to stopping 
executions in our state," according to its website.

The death penalty has been repealed in 134 countries as well as in 15 states 
since 2009.

Dellapiana said having a man's life in his hands moved him to act to repeal the 
death penalty.

Utahans for Alternatives to the Death Penalty went public to protest the 
execution of Ronnie Lee Gardner in 2010. Dellapiana said Gardner had not been 
given a fair trial by both state and federal courts.

Dellapiana said Gardner's execution caused a widespread disturbance and 
disapproval, and he suspects backlash will occur again with the reinstating of 
the firing squad.

"The basic alternative to the death penalty is to have life without possibility 
of parole be the maximum sentence for the most egregious murder cases," 
Dellapiana said. 'Notably, a recent poll shows that Utahans also favor this 
option when given the choice."

(source: Hayden Wise writes for the Education and State policy beat on the BYU 
Daily Universe)






ARIZONA:

7 county inmates on death row


Of 119 inmates currently sitting on Arizona's death row, 7 inmates are from 
Mohave County.

At the May 15 supervisor meeting, Mohave County Attorney Smith told the board 
about being with his office for 30 years and only 1 death row inmate from the 
county, Daniel Wayne Cook, has been executed. Cook was put to death in August 
2012 for killing a man and a 16-year-old boy in Lake Havasu City in July 1987.

Mohave County has 2 death penalty cases pending in Superior Court. The 2 
capital cases are expected to go to trial in the next fiscal year, costing the 
county an additional $400,000 in the 2017-18 fiscal year in indigent defense 
costs.

Justin James Rector, 28, is charged with 1st-degree murder for the Sept. 2, 
2014, death of 8-year-old Isabella Grogan-Cannella and leaving her body near 
her Bullhead City home. A new trial date is expected to be set at a June 2 
hearing.

Darrell Bryant Ketchner, 59, also faces the death penalty for the July 4, 2009 
murder of Ariel Allison, 18, in Kingman. His 1st conviction for 1st-degree 
murder and burglary was overturned in December 2014.

There are 117 men and 2 women sitting on death row in Arizona. Of the 119 death 
row inmates in the state, 67 are Caucasians, 26 are Mexican-Americans, 17 are 
African-Americans, 1 is a Mexican national, 3 are Native Americans, 3 are Asian 
and 2 are listed as other.

There are 7 inmates from Mohave County on death row awaiting execution. Brad 
Lee Nelson, 46, is the most recent inmate sentenced to death in December 2009 
for the June 2006 beating death of 13-year-old Amber Leann Graff of Golden 
Valley.

Charles David Ellison, 51, of Lake Havasu City was sentenced to death in 
February 2004 for killing an elderly Kingman couple in February 1999.

Frank Anderson, 69, was sentenced to death in December of 2002 for killing 3 
members of a Golden Valley family in August 1996. Anderson's co-defendant, 
Bobby Poyson, 40, was also sentenced to death in September 1998 for murdering 
the same family.

The oldest inmate, Graham Saunders Henry, 70, was convicted and sentenced in 
February 1995 for kidnapping and killing an elderly Las Vegas man in a remote 
desert about 40 miles north of Kingman in June 1986.

Danny L. Jones, 52, was sentenced to death in December 1993 for the baseball 
bat murder of a Bullhead City man, his 74-year-old grandmother and his 
7-year-old daughter in March 1992.

Roger W. Murray, 46, was sentenced to death in October 1992 for the May 1991 
shotgun slaying of a Grasshopper Junction couple. His brother, Robert W. Murray 
was also sentenced to death for the murders but he died in prison in June 2014.

Nelson and Anderson's cases are currently on appeal, Indigent Defense 
Administrator Blake Schritter said.

(source: Mohave Valley Daily News)






CALIFORNIA:

Divided board hires new criminal law firm. How will it affect cases in Merced?


A divided Merced County Board of Supervisors awarded a $9.4 million legal 
services contract to a Madera law firm on Tuesday, over the protests of 
numerous Merced-area attorneys who warned that changing defense firms could 
throw dozens of cases into limbo.

The 3-2 vote ended a 14-year relationship with a long-time Merced County 
defense attorney and possibly opened the door for lengthy delays in dozens of 
high-profile and felony cases currently pending in court. Several Merced-area 
attorneys warned the supervisors of the possibility of a chain reaction of 
consequences.

Supervisors Lee Lor, Lloyd Pareira and Jerry O'Banion approved the $9.4 million 
contract with Madera-based Ciummo & Associates. Supervisors Rodrigo Espinoza 
and Daron McDaniel voted against the contract.

Merced Defense Associates, led by veteran attorney Tom Pfeiff, held the 
contract for 14 years. Tuesday's vote extended MDA???s contract for 3 months 
past its planned June expiration to allow for a transition period in Merced's 
criminal justice system.

While the Public Defender's Office represents suspects who cannot afford to 
hire private attorneys, cases are referred to MDA when the county public 
defenders have a potential conflict of interest, such as representing a 
co-defendant in a case.

Local prosecutors and defense attorneys have expressed concern about switching 
vendors for defense services while coming off of a period where 90 people were 
murdered in 3 years. Many of those cases are pending in Merced Superior Court. 
MDA-contracted attorneys are handling more than 30 homicide cases, including 17 
cases where their clients are facing a potential lifetime prison sentence.

The board vote came after more than 2 hours of public comment and supervisor 
discussion. Local attorneys, including contractors with MDA and attorneys with 
both the Merced County Public Defender's Office and District Attorney's Office, 
urged the board to extend MDA's contract.

Chris Loethen, a deputy public defender, said about 10 years ago he turned down 
a job offer from Ciummo because he was going to be assigned felony cases with 
no prior experience. He urged the board to renew MDA's contract. "They fight 
cases," he said. "They don't run from them."

Rob Carroll, chief deputy district attorney, also spoke in favor of MDA. "Our 
big concern is we want to make sure homicide cases continue to get handled 
professionally," he said. "MDA has done an excellent job. They've done a really 
fantastic job."

Many members of the local NAACP also spoke in favor of MDA, including the 
group's president Darryl Davis, who said their mission is to fight for equality 
and justice for the poor people of Merced County.

Richard Ciummo, his partner and the future supervising attorney for the Merced 
office also spoke, answering questions about the firm and describing their 
work.

"I am Mr. Ciummo, and I don't have horns and a tail," he said. "We have some 
history and experience in doing this. I stand by the quality of our attorneys - 
all of them."

Michael Fitzgerald, CEO of Ciummo & Associates, said any rumors about high 
turnover at the firm are not true. "It's not a situation where we hire 
attorneys fresh out of law school and cycle them out," he said. "That's just 
not the case."

County staff requested bids for the service in August after O'Banion put the 
suggestion to a vote by the board. 2 law firms responded - MDA and Ciummo & 
Associates.

The approved 5-year contract includes 7 staff attorneys, 2 staff investigators, 
6 contract attorneys and additional contract investigators. Ciummo's attorneys 
will handle all homicide cases and up to 2 death penalty cases a year, but not 
more than 3 death penalty cases at a time.

Both Loethen and Public Defender Dave Elgin said Doug Foster, who will be the 
supervising attorney at Ciummo's Merced office, has an outstanding reputation 
in the legal community. "I'm excited about Doug Foster coming in and running 
that office," Elgin said. "I think that can only be a positive thing for 
indigent defendants in this county."

Ciummo said he Pfeiff met recently to begin discussing a transition. Ciummo 
also reassured the supervisors that the firm intends to hire local attorneys, 
even attorneys who have contracted with MDA.

"We've been expecting this," Pfeiff said. "Now it's time to make the transition 
as smooth as possible. That's what I'm going to try to do."

"The court is confident that there will be a smooth transition with the parties 
responsible for handling all pending cases," Presiding Judge Donald Proietti 
said in a statement to the Sun-Star.

Before the vote, McDaniel said he believes the competition and accountability 
presented through the contract renewal was healthy for the county.

"A lot of you folks elected me to not rubber stamp things," he said. "Because 
we're having this discussion - this is fantastic. This is government. This is 
what we're supposed to do."

The supervisors didn't elaborate on the reasons behind their votes, but 
previously McDaniel and O'Banion said they wondered about a conflict of 
interest for MDA since Pfeiff works with Cindy Morse, whose husband, Larry 
Morse II, is the county's district attorney. However, the Fair Political 
Practices Commission said in a letter to the county the relationship was not a 
conflict.

Pareira reminded MDA's contract attorneys that the board's decision isn't 
personal. "If it's your livelihood at stake, this is crucial and vital to you," 
he said. "The board is not being asked to employ you or to manage people's 
defenses. Don't think of this as a slight on you. It's not."

Espinoza, who voted against the contract, said he thought the board should 
explore an in-house conflict program, which would be much cheaper. "I think we 
should ask more questions," he said.

O'Banion said before the county contracted with MDA, conflict services were 
dealt with through the public defender's office. But at this time, he was "not 
interested" in going through the public defender's office for that service. He 
said he'd consider it in the future.

Lor said the county should welcome new the new lawyers. "Should we choose the 
outside firm, let???s give them a Merced County welcome," she said. "The 
quality service we provide to the community is what matters."

(source: mercedsunstar.com)






USA:

Firing Squad: A botched execution is nearly impossible


The fine citizens of Arkansas killed 4 killers in 1 week last month. Like most 
other states with a death penalty for heinous felonies, Arkansas executes its 
murders by lethal injection. And therein lies the problem.

Last year, of course, the Delaware Supreme Court ruled our death penalty 
unconstitutional in compliance with an earlier U.S. Supreme Court decision 
about how death-penalty sentencing occurs. Now, the House has approved a 
complying death-penalty bill. It's now up to the Senate.

Lethal injection as an execution method is of fairly recent origin. Used to be, 
back when almost all states had a death penalty, that the most common methods 
were either electric chair or hanging. A few states had gas chambers. And a 
couple states used firing squads. Utah still has that option. Delaware still 
had hanging as an option until just a couple years ago.

The theory here was that lethal injection was more humane; that it satisfied 
the constitutional requirement that punishment not be "cruel and unusual." The 
"cruel" part has come to mean pain-free. Utterly pain-free. No discomfort 
whatsoever.

The other day, the New York Times (of all publications) published an op-ed that 
advocated a return to public hangings and to the use of stocks for lesser 
crimes. Note we said "public" hangings. These were common in colonial times and 
were understood to be quite usual at the time of the 1787 Constitutional 
Convention. Think about that for a second.

There are at least 2 issues here. One is the efficacy of the death penalty at 
all. Progressives and many religious denominations, including mine, oppose the 
death penalty in all its forms. The 2nd issue is the humanity of the method of 
putting murderers to death.

Most states use a 3-drug cocktail for executions. One drug puts the convict to 
sleep and incapable of experiencing pain. Another stops breathing. The 3rd 
stops the heart. Interesting, isn't it, that we allow veterinarians and animal 
shelters to put our dogs and cats to "sleep" using only 1 drug, and we don't 
accuse the veterinarians of cruelty to animals. Why?

But now, the issue isn't so much all that, but rather the inability of states 
to procure one or more of the drugs needed for the cocktail. Drug companies 
resist selling to states for that purpose. Doctors refuse to participate based 
on medical ethics requirements to "do no harm." One result is less-well-trained 
medics inserting the intravenous drips required to inject the drugs. A handful 
of problematic executions have resulted.

So let's just admit it. Lethal injection is too complicated a method of 
execution.

Many years ago, my father witnessed an execution. My home state is Iowa, and 
back then, the method was hanging. It seems that in my small, rural home 
county, a man had come from Chicago tracking his wife. He found her in bed with 
another man in our local motel. Boom, he offed her. And then headed back to 
Chicago. The state police stopped him at the Illinois state line (the 
Mississippi River).

My father was invited, indeed almost required, to go to Fort Madison, the 
location of the Iowa State Penitentiary, as a witness because he was the editor 
and publisher of the county's dominant newspaper. He went.

His report back to my mother and me the next day (I was in the single digits) 
was that the prisoner was led into the prison's room, walked up the gallows and 
had a hood placed over his head.

The hangman put the rope around his neck, and the warden pulled the lever, 
releasing the door on the floor. The man was dead by the time the doctor 
reached him a few seconds later. This method works; it works quickly. Because 
hanging severs the spinal cord, it kills instantly.

Even more efficient is the firing squad. You arrange for 3 or more marksmen. 
You give some of them bullets and the others blanks, although this may not be 
necessary if you recruit your marksmen from volunteers. Most likely, there are 
plenty of Army- or Marine Corps-trained marksmen who would be glad to pull the 
trigger.

A botched execution is nearly impossible in this scenario. An Army or Marine 
Corps marksman at 25 feet won't miss the target over the heart. One or more 
bullets through the heart results in instant death.

I have lived in a number of states as a newspaper reporter, magazine editor and 
military man. Iowa and New York have repealed their death penalties. Wisconsin 
never had a death penalty. Texas, Georgia and Virginia, especially Texas, have 
had busy death chambers.

Advocate for repeal if you wish. But if we don't in Delaware, then make it 
sensible, simple, painless and quick. Most likely, that's more than the killer 
did.

(source: Reid K. Beveridge has covered politics in Texas, Iowa, Wisconsin, 
Delaware and Washington, D.C. He is now retired----capegazette.com)

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

Dylann Roof to appeal death sentence


A white supremacist sentenced to death for killing 9 worshippers in a racist 
attack at a Charleston church has petitioned an appeals court for mercy.

Attorneys for Dylann Roof filed notice Tuesday they were appealing his 
conviction and sentence to the 4th U.S. Circuit Court of Appeals.

Earlier this month, the federal judge who presided over Roof's trial rejected 
his 1st appeal, ruling the conviction and death sentence for the June 2015 
massacre at Emanuel AME church should stand.

Roof argued his crime didn't fit the definition of interstate commerce needed 
for a federal case. The judge ruled Roof used a telephone to call the church 
and the bullets and gun were manufactured in a different state.

(source: Associated Press)

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

Women on death row: Female death row inmates in the U.S.----The dozens of women 
on death row across the country have been sentenced for anything from hiring 
hitmen to brutally torturing their victims. Click through to see women awaiting 
the death penalty.


(see: 
http://www.abc15.com/news/news-photo-gallery/women-on-death-row-female-death-row-inmates-in-the-us)

(source: abc15.com)