[Deathpenalty] death penalty news----TEXAS, FLA., LA., MO., NEB., UTAH, IDAHO, USA

Rick Halperin rhalperi at smu.edu
Tue Apr 3 09:21:14 CDT 2018






April 3



TEXAS----female to face death penalty

Jury trial set for capital-murder defendant



A jury trial has been scheduled for Jan. 28 for the woman accused of shooting 
to death her 2 young daughters, Henderson County District Attorney Mark Hall 
said.

Just over 3 months ago, Sarah Henderson, 30, pleaded not guilty after being 
indicted in January 2018 on 2 counts of capital murder, attempted murder and 
assault on a public servant. She remains in the Henderson County jail on $1 
million bond each on the capital cases and a combined $100,000 bond on the 
other counts.

Henderson was arrested on Nov. 2 at her Mabank home. Sheriff Botie Hillhouse 
has said that she had planned the murders of Kaylee and Kenlie for a couple of 
weeks and that she tried to kill her husband, Jacob Henderson, before the gun 
malfunctioned.

The girls, 5 and 7, attended Southside Elementary School in Mabank.

In a 911 call, Jacob Henderson asked for help for his wife before asking a 
dispatcher to "disregard" the call. About 3 hours later, he made another 911 
call to report that his wife had shot the girls in their heads.

"The assault on a public servant arose 2 days later while Henderson was being 
held in the Henderson County jail, where she is accused of striking a detention 
officer while he was attempting to release her from restraint," according to 
reports.

Judge Scott McKee of the 392nd Judicial District Court provided prosecutors and 
defense attorneys Steve Green and John Youngblood a restricted and protective 
order - that is, a gag order.

Hall said he has until June 1 to determine whether the death penalty should be 
sought in the case. If convicted of capital murder, Sarah Henderson could spend 
life in prison without the possibility of parole or receive the death penalty.

A pretrial hearing is set for Aug. 23 in the 392nd.

(source: Athens Daily Review)

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

Prosecutor will seek death penalty in murder



The Texas County prosecutor will seek the death penalty for 1 of 4 persons 
accused in the brutal death of a teenager last year north of Cabool that drew 
national attention.

Parke Stevens Jr. announced his intention to seek the sentence against Andrew 
Vrba in a court filing Monday in Crawford County Circuit Court, where the case 
is expected to be heard on a change of venue. A trial date could be set as 
early as Tuesday, when it appears on a docket.

Vrba, 18, is charged with 1st-degree murder, armed criminal action and 
abandonment of a corpse in the September death of Joseph M. Steinfeld, who went 
by "Ally" and planned to transition to a female, according to family members. 
Authorities allege the victim was stabbed and the remains burned.

Stevens' decision also will likely trigger the involvement of a special 
prosecutor from the Missouri attorney general???s death penalty case team. Vrba 
is defended by the Missouri public defender system.

3 other defendants are charged in the stabbing death of Steinfeld:

--Isis Schauer, 18, entered a guilty plea to 2nd-degree murder and abandonment 
of a corpse. She was sentenced to 20 years on the murder count and 4 years on 
the 2nd charge in December. The terms are to run concurrently in the Missouri 
Department of Corrections.

--Briana Calderas, 24, also is charged with 1st-degree murder, armed criminal 
action and abandonment of a corpse. A pre-trial conference is June 19 in 
Pulaski County, where her case will be heard. The trial is Oct. 9-12.

--A 4th person, James Grigsby, of Thayer, 25, is accused of abandonment of a 
corpse and tampering with evidence.

(source: Houston Herald)

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

'Express lane to death': Texas seeks approval to speed up death penalty 
appeals, execute more quickly



Texas is seeking to speed up executions with a renewed request to opt-in to a 
federal law that would shorten the legal process and limit appeals options for 
death-sentenced prisoners.

Defense attorneys worry it would lead to the execution of innocent people and - 
if it's applied retroactively, as Texas is requesting - it could potentially 
end ongoing appeals for a number of death row prisoners and make them eligible 
for execution dates.

"Opt-in would speed up the death penalty treadmill exponentially," said Kathryn 
Kase, an longtime defense attorney and former executive director of Texas 
Defender Services.

But a state attorney general spokeswoman framed the request to the Justice 
Department as a necessary way to avoid "stressful delays" and cut down on the 
"excessive costs" of lengthy federal court proceedings.

Robbie Kaplan, co-founder of the #TimesUp movement, says sweeping changes to 
laws in recent years have dissuaded attorneys from taking on harassment cases 
on behalf of women. The legal defense fund aims to change that.

The controversial request - which comes after years of declining executions - 
has sparked a federal lawsuit and hundreds of pages of comments from a broad 
coalition of concerned parties including the ACLU, the American Bar 
Association, Mexico's government, a former federal judge, and dozens of defense 
attorneys.

There's widespread skepticism among the defense bar as to whether Texas 
actually meets the qualification criteria - but some are worried that it won't 
matter. Approval is up to Attorney General Jeff Sessions, putting the nation's 
top prosecutor - who recently advocated for capital punishment for drug dealers 
- in charge of decisions that could hamstring the defense.

If Sessions greenlights the Lone Star State's application, it'll be the 1st 
ever opt-in approval in the more than 2 decades since the law's inception.

For attorneys like Casey Kaplan - who helped free a wrongfully convicted Harris 
County man, Alfred Dewayne Brown, from death row - that's a terrifying 
possibility.

"In an environment like Texas where you know the state gets it wrong - and not 
just accidentally, but intentionally - why in the world would you ever take 
steps to speed up the process to execute a potentially innocent person?" he 
said. "Until somebody can answer that question they should be taking steps to 
slow it down."

Whitewashing failure

The state's hopes for fast-tracking a path to the gurney date back to at least 
1996, when Congress passed the Antiterrorism and Effective Death Penalty Act.

Written in the tough-on-crime 1990s and in the aftermath of the Oklahoma City 
bombing, the law set time limits to expedite federal appeals in death penalty 
cases and gave greater deference to state courts.

"We are about to curb these endless, frivolous appeals of death sentences by 
those convicted of murder," then-Sen. Bob Dole said at the time. Nationally, 
the average time between sentencing and execution has continued to rise, 
according to the Death Penalty Information Center.

But in addition to what is already in place, the law also opens the door to 
creating even tighter deadlines with a special opt-in provision under a section 
called Chapter 154.

In order to qualify for Chapter 154 certification, states have to prove that 
they offered good enough lawyers earlier in the process, during the so-called 
"state habeas" appeal. If the condemned were all able to get competent, 
sufficiently paid attorneys with the funds to afford things like investigators 
and specialists during the state habeas appeal, then the law would permit 
speeding up the later federal habeas appeal.

"Opt-in presumes that we've reached this promised land of excellent and 
well-resourced legal representation at all levels for everyone on death row and 
in fact we have not," Kase said. The slew of letters submitted to the 
government early this year consistently panned Texas's current defense system, 
calling it "inadequate" and "infected" by "well-publicized failures," pointing 
out that the state doesn't even guarantee counsel for all types of 
post-conviction proceedings.

So far no state has qualified.

But in November, Sessions fired off letters to Texas and Arizona - 2 states 
that previously put in certification requests - and asked if they still wanted 
to apply.

They did.

The states' affirmative responses prompted a required comment period, during 
with TDS and other capital defense organizations penned a scathing 247-page 
comment - bolstered by more than 100 appendixes - eviscerating Texas's 
application, calling it "little more than a whitewash of the state's persistent 
historic failures" that includes "no evidence at all."

The application itself also doesn't explain why the state wants to opt-in, but 
a state attorney general spokeswoman helped clarify.

"Opting-in would serve several purposes for Texans, including sparing crime 
victims years of unnecessary and stressful delays, ensuring that our state 
court judgments are respected by federal judges as cases progress, and reducing 
the excessive costs of lengthy federal court proceedings," said AG spokeswoman 
Kayleigh Lovvorn. The Department of Justice declined to comment and a 
spokesperson for the governor's office referred comment to the state attorney 
general.

Houston-based capital defense attorney Patrick McCann stressed that federal 
courts are where many condemned men - including those wrongfully convicted like 
Anthony Graves, and those deemed too intellectually disabled to execute, like 
Bobby Moore - have gotten relief.

"This is a political quest," he said. "It's an appeal to Gov. Abbott's base to 
make it very proudly explained that we have an express lane to death."

Worst-Case Scenario

If Sessions approves it, opting in would include limitations on how long 
federal courts have to resolve cases, restrictions on judges' abilities to 
grant stays of execution, and limits on the claims prisoners can raise in 
federal habeas proceedings.

But what's sparking the most concern among defense lawyers is a change that 
would halve the time attorneys have to file the 1st part of their federal 
appeal.

If Texas opts in, attorneys would have six months instead of a year to 
interview witnesses, hire investigators, and familiarize themselves sometimes a 
decade or more of case files to sift out any possible past lawyering mistakes, 
suspicion of withheld evidence or proof of actual innocence stuffed away in 
boxes and boxes of materials.

"Doing all that in one year is already extraordinarily difficult, and any 
further limitations would only exacerbate the existing problem," said Emily 
Olson-Gault, director of the Death Penalty Representation Project at the 
American Bar Association.

"We know that errors are made in capital cases," she added. "The more that the 
allotted time to prepare is limited, the greater the risk that serious 
constitutional errors will stand uncorrected."

And if claims aren't raised in the 1st filing, they can't always be raised 
later.

Death penalty lawyer Kenneth McGuire - who is among those suing in D.C. federal 
court to challenge the certification process - called the shorter time frame 
"completely impractical" and said it would "only guarantee a miscarriage of 
justice." Attorney James Rytting concurred, adding that sometimes it takes 
"several months" for the courts to appoint federal habeas lawyers.

And, because Texas has requested certification dating back to 1995, there's 
some question as to whether it would retroactively applied to cases now 
entering federal appeals.

"That's a worst-case scenario," McCann said.

Bigger Problems

Opting in wouldn't just impact defense attorneys and their clients.

Defense attorney Margaret Schmucker, who previously worked for the state 
attorney general under both Abbott and John Cornyn before him, highlighted the 
problems it could cause for the state attorneys, who would likely have to 
handle appeals at a quicker clip.

"On any given day any one of the capital division attorneys would have a couple 
dozen cases on their docket," she said. "And it's not going to be any easier on 
them. So unless the money and the staff comes to deal with the expedited 
processes they're going to have bigger problems."

It also could have an impact on which cases are taken up by the nation's 
highest court, which issued 2 groundbreaking decisions stemming from 
Houston-area cases last year.

"The Supreme Court can only hear what's brought to it and if those cases never 
get there because they get shut out or shut down, the Supreme Court is gonna be 
a lot less busy," McCann said.

"Bobby Moore would be dead under this standard of time limits. Anthony Graves 
would be dead. Pretty much everybody who's been released or commuted on death 
row would have already been executed so not only would we have done wrong we 
wouldn't even know we had."

As of now, it's not clear when a decision from Washington might come.

(source: Houston Chronicle)

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

Texas Seeks Sessions' Approval to "Speed Up the Death Penalty 
Treadmill"----Critics warn the move could lead to the state killing a greater 
number of people



Texas is seeking permission from Trump administration Attorney General Jeff 
Sessions to opt-in to a federal law that would fast-track executions, a move 
that critics warn could lead to the state killing more people - including those 
who are wrongfully convicted and those deemed too handicapped to be executed.

"Opt-in would speed up the death penalty treadmill exponentially."----Kathryn 
Kase, defense attorney

While a spokesperson for the Texas attorney general's office claimed to Houston 
Chronicle that it is pursuing the measure - which would limit the length of the 
legal process and convicts' appeals options - to avoid "stressful delays" and 
"excessive costs," defense attorney Kathryn Kase warned that "opt-in would 
speed up the death penalty treadmill exponentially."

"Opt-in presumes that we've reached this promised land of excellent and 
well-resourced legal representation at all levels for everyone on death row and 
in fact we have not," added Kase, the former executive director of Texas 
Defender Services, a nonprofit that provides legal support to people 
challenging death penalty sentences.

Although the federal law has been on the books for two decades, no state has 
ever received opt-in approval from the Justice Department. However, the 
decision could be swayed by President Donald Trump's repeated endorsements of 
state-sanctioned killings.

Additionally, Sessions' actions so far suggest the Attorney General may be 
personally supportive of the move: In November, he reportedly sent letters to 
Texas and Arizona, the two states that have previously expressed interest in 
opting in, to inquire about whether they were still interested.

"And, because Texas has requested certification dating back to 1995," the 
Chronicle reports, "there's some question as to whether it would retroactively 
applied to cases now entering federal appeals." Currently, 229 inmates are on 
death row in Texas.

The law would restrict: the ability of federal judges to grant stays on 
executions; how long federal courts have to rule on cases; the claims convicts 
can raise during federal proceedings; and the amount of time defense attorneys 
have to file federal appeals.

Rather than a year, attorneys representing death row inmates would have only 
six months, as the Chronice explains, "to interview witnesses, hire 
investigators, and familiarize themselves sometimes a decade or more of case 
files to sift out any possible past lawyering mistakes, suspicion of withheld 
evidence, or proof of actual innocence stuffed away in boxes and boxes of 
materials."

"Doing all that in one year is already extraordinarily difficult, and any 
further limitations would only exacerbate the existing problem," said Emily 
Olson-Gault, director of the Death Penalty Representation Project at the 
American Bar Association. "We know that errors are made in capital cases... The 
more that the allotted time to prepare is limited, the greater the risk that 
serious constitutional errors will stand uncorrected."

"It's an appeal to [Republican] Gov. [Greg] Abbott's base to make it very 
proudly explained that we have an express lane to death."----Patrick McCann, 
defense attorney

Houston-based defense attorney Patrick McCann pointed out that the limitations 
would likely reduce the number of Texas inmates' cases that make it to federal 
courts, which determined that Anthony Graves was wrongfully convicted and Bobby 
Moore (pdf) was too intellectually disabled to execute.

"Bobby Moore would be dead under this standard of time limits. Anthony Graves 
would be dead," McCann said. "Pretty much everybody who's been released or 
commuted on death row would have already been executed so not only would we 
have done wrong we wouldn't even know we had."

Calling the state's opt-in move "a political quest," McCann concluded, "It's an 
appeal to [Republican] Gov. [Greg] Abbott's base to make it very proudly 
explained that we have an express lane to death."

(source: commondreams.org)

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

Jury mulls Isidro Delacruz's fate as sentencing gets underway



Isidro Delacruz faces the death penalty or life imprisonment as the punishment 
phase of trial commenced Monday.

A Tom Green County Jury on Thursday found Delacruz, 27, guilty of capital 
murder in the slaying of 5-year-old Naiya Villegas.

He is convicted of slitting the throat of his ex-girlfriend's daughter in the 
2700 block of Houston Street on Sept. 2, 2014.

Tanya Bermea, the child's mother, told jurors about her relationship woes with 
Delacruz such as the time he allegedly deflated the tires on her car before 
choking her into unconsciousness in November 2013.

Multiple San Angelo police offices testified about encounters with Delacruz 
when he was in his youth. One incident involved Delacruz and his brother 
bullying a boy and breaking his prescription glasses. Another incident involved 
Delacruz being in possession drugs.

The jurors will return Tuesday morning.

(source: gosanangelo.com)








FLORIDA:

Santa Rosa County convicted murderer's death sentence upheld by Florida Supreme 
Court



The Florida Supreme Court has denied the appeal of a Santa Rosa County 
convicted murderer and has upheld his death penalty sentence.

Norman Grim, 67, was sentenced to death by a unanimous jury in 2000 for the 
murder and sexual battery of his neighbor, Cynthia Campbell, in 1998.

After his initial appeal in Santa Rosa County court was denied, Grim appealed 
to the Florida Supreme Court, claiming he was entitled to a new penalty phase 
jury under revised state law.

In October 2016, the U.S. Supreme Court issued its decision in another local 
case that set the precedent for unanimous jury verdicts. In its ruling in Hurst 
v. Florida, the high court sided with Escambia County inmate Timothy Hurst, who 
claimed it was unconstitutional for the court to impose a death sentence 
without the jury reaching the verdict unanimously.

Since that ruling, a number of local cases have re-surfaced as death row 
inmates seek new penalty phase proceedings. In a death penalty case, a jury 
hears the evidence of the alleged crime to determine guilt and then immediately 
following a conviction, the same jury hears aggravating and mitigating factors 
about the defendant and the crime to determine if death is an appropriate 
sentence.

When successful, appeals under the Hurst ruling bring back a case so a jury can 
decide between death and life in prison, but the inmate's original conviction 
remains.

Circuit Judge Ross Goodman denied Grim's motion for a new penalty phase 
proceeding in May, saying because Grim's jury was unanimous, it was a moot 
point and he should not be granted a new penalty phase proceeding.

Grim appealed with the same argument to the Florida Supreme Court. The court 
issued its opinion Thursday, saying Grim's argument does not compel the court 
to depart from its precedent of striking down Hurst motions for defendants 
whose juries were unanimous.

Grim has been on death row for more than 17 years. He was sentenced separately 
for the sexual battery offense and received a 32-year sentence for that crime.

Grim was arrested after Campbell's body was pulled from Pensacola Bay in July 
1998, the same day she was reported missing.

She was wrapped in sheets and garbage bags, and autopsy results showed she had 
been struck in the head by a hammer and stabbed in the chest, according to News 
Journal archives.

(source: Pensacola News Journal)








LOUISIANA:

Lawmakers should prevent wrongful executions



The Legislature is considering a bill to repeal Louisiana???s death penalty. As 
someone who was nearly executed for a crime I didn't commit, I hope our 
legislators recognize that as long as we have a death penalty we risk executing 
innocent people.

In 1987, my friend Albert Burrell and I were wrongfully convicted and sentenced 
to death for the robbery and murder of William and Callie Frost in Union 
Parish. There was no physical evidence connecting us to the crime, and the 
witnesses against us had motives to falsely implicate us.

The prosecution's primary witnesses against us were Albert Burrell's ex-wife - 
furious that Albert had been awarded custody of their children - and a 
jailhouse snitch named Olan Wayne Brantley. After my arrest, I was put in a 
cell with Brantley, who told authorities that I confessed to him 2 days later. 
At trial, prosecutors hid that Brantley was given a deal on a pending charge in 
exchange for testifying against me. Several years later, Albert's ex-wife 
recanted her testimony and admitted she lied to get custody of their children.

The prosecutor in our case, Dan Grady, eventually gave an affidavit saying that 
he viewed the case against us as ''so weak that the case should never have been 
brought to the grand jury.''

On March 4, 2000, I was granted a new trial after Judge Cynthia Woodard found 
that prosecutors had misled the jury and failed to turn over exculpatory 
evidence. I was released and all charges were dismissed in December 2000 after 
having served 13 years on death row for a crime I did not commit. Albert was 
released a month later. Albert was a mildly intellectually disabled man who 
could not afford a lawyer. If my appellate lawyers had not discovered what went 
wrong in my case, Albert could have been executed.

DNA tests eventually proved that the blood found at the victims' home did not 
belong to me or Albert. DNA evidence is only available in 10-15 % of murder 
cases, so others may not be so "lucky."

Unfortunately, our story is not unique. Albert and I are two of the 11 men 
wrongfully sentenced to death in Louisiana since 1973. Our state leads the 
nation in per capita exonerations from death row. All of these cases have at 
least one of the frequent causes of wrongful conviction and some have 2 or 
more: eyewitness misidentification, junk science, unreliable informant 
testimony, perjury or false accusations, false confessions, inadequate defense 
representation, and police or prosecutorial misconduct.

Nationally, since 1976 there has been one exoneration for every 9 executions. 
In the same time in Louisiana, there has been one exoneration for every 2.5 
executions. This is a shameful track record, and it is only matter of time 
before the unfathomable happens: the execution of an innocent person.

But we have an alternative that removes this disgraceful possibility. 
Legislators can replace the death penalty with a life sentence, which keeps 
society safe while ensuring that mistakes can be corrected if new evidence is 
discovered. I urge them to take this historic opportunity to prevent wrongful 
executions by repealing the death penalty. The execution of an innocent person 
is a mistake our state cannot take back.

(source: Guest Column----Michael Graham is a member of Witness to Innocence, a 
national organization of death row exonerees. He spent 13 years on death row in 
Louisiana before being exonerated; The Advocate)








MISSOURI:

Prosecutors Seek Death Penalty in Transgender Teen's Killing



Prosecutors are seeking the death penalty for one of the suspects in the 
slaying of a transgender teenager in southwest Missouri.

Court records show plans requesting the sentence for Andrew Vrba were filed 
Monday. Vrba is charged with 1st-degree murder in the death of 17-year-old Ally 
Steinfeld. Vrba's attorney hasn't responded to an email seeking comment.

Investigators say Steinfeld was stabbed several times, including in the 
genitals. Her eyes were gouged out and her body was set on fire. Officials say 
the slaying wasn't a hate crime.

Steinfeld's remains were found in September near Cabool.

One female suspect has been sentenced to 20 years in prison for 2nd-degree 
murder, while another awaits a 1st-degree murder trial. A 4th suspect has 
pleaded not guilty to abandonment of a corpse.

(source: Associated Press)








NEBRASKA:

Death-row inmate Lotter's IQ too low for execution, lawyers argue



Attorneys for death-row inmate John Lotter are taking a new position, alleging 
he is ineligible for the death penalty because he functions intellectually as a 
child.

It's the latest legal maneuvering by the man convicted in a triple murder that 
inspired the 1999 movie "Boys Don't Cry."

Lotter, 46, has maintained his innocence in the Dec. 31, 1993, killings at a 
Humboldt farmhouse, despite being convicted of 3 counts of 1st-degree murder. 
He's spent the past 22 years on death row pending appeals.

Late last week, Rebecca Woodman of the Death Penalty Litigation Clinic in 
Kansas City, Missouri, let a Nebraska federal judge know about a 
post-conviction motion filed in Richardson County alleging Lotter is an 
"intellectually disabled person."

In a 60-page motion, she and 2 other attorneys representing Lotter raised 
numerous arguments, the newest among them challenging that Lotter is ineligible 
for the death penalty given recent IQ testing.

The attorneys cited a landmark 2002 U.S. Supreme Court decision forbidding the 
execution of people with intellectual disabilities and a later decision by the 
court in 2014 rejecting a strict IQ cutoff rule in Florida.

In Nebraska, by law, an IQ of 70 or below is presumptive evidence of an 
intellectual disability.

According to the court filing last week, Dr. Ricardo Weinstein, a clinical and 
forensic neuropsychologist from Encinitas, California, evaluated Lotter last 
year and determined he scored a 67 for general intellectual ability on the 
Woodcock-Johnson test, the equivalent IQ of an average 8-year-old.

In 1981, at the age of 10, Lotter scored a 76, which adjusts to a 73 under 
today's scoring, according to the expert.

Attorney Tim Noerrlinger said Weinstein also reviewed trial records and school 
records showing Lotter was in special-education classes, and he interviewed 
Lotter's mother, foster mother, a psychiatrist who worked with Lotter as a 
child and others before determining that Lotter had significant adaptive 
deficits.

It's Weinstein's opinion that Lotter qualifies for the diagnosis of 
intellectual developmental disability.

But that ultimately will be a decision for the court.

Lotter's attorneys pointed to the Florida decision, where the Supreme Court 
found that professionals have long agreed an IQ test score should be read not 
as a single number but as a range, which can fluctuate for several reasons.

If Richardson County District Judge Vicky Johnson grants an evidentiary hearing 
to consider the issue or others raised by Lotter's attorneys, the state would 
be allowed to seek its own experts.

Lotter was sentenced to death for his role in the 1993 killings of Brandon 
Teena and 2 witnesses, Lisa Lambert and Philip DeVine. Thomas Nissen is serving 
life sentences for the part he played in the crime.

(source: Lioncoln Journal Star)








UTAH:

No one can declare anyone unredeemable



Among the worthy bills that died during Utah's legislative session this year 
was H.B. 379, Death Penalty Amendments, sponsored by Rep. Gage Froerer, 
R-Huntsville. This bill would have prohibited the state "from seeking the death 
penalty for aggravated murder committed after May 7, 2018," and also would have 
prohibited the state from seeking the death penalty for crimes committed before 
May 8, 2018 unless intent to seek the death penalty is filed before that date.

During an emotional hearing before the House Law Enforcement and Criminal 
Justice Committee, committee member Rep. Paul Ray, R-Clearfield, said of the 
nine individuals who are on Utah's death row, "Those people aren't there 
because they're nice, or they made a mistake. They're there because they're 
monsters."

While the heinousness of the crimes that landed these people in prison is 
undeniable, and the need to remove them from society is without question, no 
agent of the state can pretend to have the ability to declare anyone an 
unredeemable monster. Ignoring the realities that can lead a person to kill and 
victimize others does no one any good. Acknowledging the humanity of even the 
worst offenders is critical for preventing more murder and victimization.

Rachel Carter, Salt Lake City

(source: Letter to the Editor, Salt Lake Tribune)








IDAHO:

People with severe mental illness should not face death penalty



Our system of justice has long recognized that the death penalty ought to be 
imposed only on the "worst of the worst" individuals in society.

For this reason, the U.S. Supreme Court has held that death cannot be justly 
imposed on persons who have reduced moral culpability for their acts - 
exempting children from capital punishment in Roper v. Simmons (2005), and 
persons with intellectual disabilities in Atkins v. Virginia (2002).

As criminal defense and appellate attorneys with over 60 years of practice in 
Idaho and as members of the Idaho Association of Criminal Defense Lawyers, we 
can say with confidence that the execution of individuals with severe mental 
illness is as grave an injustice as executing children and people with 
intellectual disabilities.

Our legislators must grapple with this pressing issue and eliminate a bygone 
practice that conflicts with our evolving standards of decency and the 
prevailing scientific understanding of mental health.

Severe mental illnesses are characterized by mental impairments that distort 
one's ability to distinguish fact from fiction. These illnesses, which 
disproportionately affect veterans and low-income Idahoans, inhibit the 
rational decision-making process that most of us take for granted in every 
aspect of our daily lives.

Despite this, and contrary to popular opinion, it is important to note that 
there is no connection between mental illness and an increased propensity for 
violence - in fact, persons with mental illness are more likely to be victims 
of violent crime than perpetrators.

However, for the very small subset of Idahoans with severe mental illness who 
do end up committing a capital crime, existing legal protections and safeguards 
are woefully inadequate.

In almost all respects, our justice system consistently fails people with 
mental illness due to the lack of preventative treatment options, limited 
access to mental health courts, and restricted treatment options while 
incarcerated.

Over the course of our careers, we personally experienced that our justice 
system fails to sufficiently take mental illness into account, including 
death-row inmates who struggled to comprehend their impending deaths nor fully 
understand the reasons why they were being punished.

These experiences solidified my conviction that a sentence of death serves no 
legitimate purpose and undermines the administration of justice when imposed on 
people suffering from severe mental illness.

Given their impairments, defendants with severe mental illnesses, by 
definition, have diminished capacities to understand and process information, 
to analyze and learn from their mistakes, to control their impulses, and, 
simply, to keep in touch with reality.

These unique psychological traits are similar to the characteristics observed 
in juveniles and individuals with intellectual disability that led the Supreme 
Court to take the death penalty off the table for these 2 categories of 
offenders.

Our legislators ought to draw the obvious and proper moral parallel by 
exempting those with severe mental illnesses from the death penalty. Doing so 
would also raise awareness of mental health in Idaho and divert valuable 
taxpayer dollars to higher-priority programs, like mental health treatment and 
victim's compensation funds.

The Idaho Alliance for the Severe Mental Illness Death Penalty Exemption 
(IASMIE) is working to correct this alarming injustice.

IASMIE is currently in the process of submitting legislation that would take 
death off the table for defendants who had a severe mental illness at the time 
of their crime.

This law would not mean that defendants with severe mental illness go 
unpunished for their crimes. Indeed, under this law, if a claim of severe 
mental illness was successfully litigated, the defendant would still face a 
maximum sentence of life without the possibility of parole. It's a similarly 
consequential sentence that will ensure justice for victims and their family 
members, while respecting the demands of justice, decency, and the 
Constitution.

Our association joins the majority of Americans in declaring that it is morally 
and legally impermissible to execute people suffering from severe mental 
illness.

The death penalty was intended to be levied against the most blameworthy among 
us, not those in the throes of mania, hallucinations, and delusions.

In light of current legal shortcomings, the evolving constitutional landscape, 
and corresponding legislative progress in 8 states, it is imperative that 
lawmakers in Idaho take common sense action by passing an exemption to the 
death penalty for those who suffered from severe mental illness at the time of 
their crimes.

(source: Paul Riggins, Andrew Masser, Elisa Massoth, Heidi Johnson and Jay 
Logsdon of the Idaho Association of Criminal Defense 
Lawyers----idahostatejournal.conm)








USA:

How US policy reflects MLK's stance on death penalty



The country is reflecting on the life and teachings of Dr. Martin Luther King 
Jr. as the 50th anniversary of his death approaches.

Of the many issues the civil rights leader confronted, one ever-relevant topic 
he addressed was the morality of capital punishment.

King often preached the virtue of nonviolence, and in 1957 he made plain his 
stance against the death penalty:

"I do not think God approves the death penalty for any crime - rape and murder 
included. God's concern is to improve individuals and bring them to the point 
of conversion. Even criminology has repudiated the motive of punishment in 
favor of the reformation of the criminal. Shall a good God harbor resentment? 
Since the purpose of jailing a criminal is that of reformation rather than 
retribution - improving him rather than paying him back for some crime that he 
has done - it is highly inconsistent to take the life of a criminal. How can he 
improve if his life is taken? Capital punishment is against the best judgement 
of modern criminology and, above all, against the highest expression of love in 
the nature of God."

King's widow, Coretta Scott King, also decried the death penalty: "Justice is 
never advanced in the taking of a human life. Morality is never upheld by a 
legalized murder."

James Earl Ray pleaded guilty in 1969 to killing King. In doing so, he avoided 
the electric chair and spent the rest of his life in prison.

These days, we can look to the latest statistics on executions to get an idea 
of how the U.S. is living up to the Kings' standards on capital punishment.

In 2018, 31 states allow the death penalty and 19 don't.

The number of executions has decreased since 1999. There were 98 executions 
that year, compared to the 23 executions in 2017.

Here are the 2017 executions broken down by state:

Texas: 7

Arkansas: 4

Alabama: 3

Florida: 3

Virginia: 2

Ohio: 2

Georgia: 1

Missouri: 1

It's worth noting that many of the executions were in the South, where King 
lived and often campaigned for social justice.

The number of death sentences handed down also have dropped significantly in 
recent decades, from 295 in 1998 to 39 in 2017.

Of course, nobody knows how many executions will be carried out this year. 7 
inmates have been put to death in the last 3 months.

There have been, however, more death row exonerations in recent years. There 
was an average of 3 exonerations per year between 1973 and 1999. There was an 
average of 5 exonerations per year from 2000 to 2011.

When it comes to how race has factored into capital punishment since 1976, the 
numbers break down this way for executed inmates:

Black: 505 (34.5 %)

Latino: 123 (8.3 %)

White: 820 (55.6 %)

Other (as listed by the Death Penalty Information Center): 24, or 1.6 %

Here are executions since 1976 by race of victims:

Black: 330 (15.3 %)

Latino: 151 (6.9 %)

White: 1,634 (75.6 %)

Other: 45 (2.1 %)

One set of numbers shows a striking disparity.

Of the people executed for interracial murders in the U.S. since 1976, 20 white 
inmates were executed for the murder of a black victim, and 289 black inmates 
were executed for the murder of a white victim.

In this time of reflection on King's legacy, this might give pause to some 
because of how the statistic relates to King's concerns about not just 
executions but of broader racial inequality.

(source: WTOL news)

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

ABA launches clemency information clearinghouse for death penalty cases



In 2015, ABA attorneys noticed a major gap in resources for lawyers who defend 
capital cases: clemency information. Defendants who have exhausted their direct 
appeals and habeas petition rights often ask governors for mercy - but there 
wasn't a lot of information available about how to do that effectively.

"In every state that we studied, there were insignificant resources for and 
attention paid to clemency, leaving it ... too hollow to be comfortable for our 
profession," says Misty Thomas, chief counsel for the Death Penalty Due Process 
Project. Thomas notes that the ABA has no position on the death penalty - but 
"if we're going to have the death penalty, every single stage should be robust 
and meaningful."

Thomas and her colleagues created a resource to make the clemency stage more 
robust. The Capital Clemency Resource Initiative, a project of the ABA's Death 
Penalty Due Process Project, the Death Penalty Representation Project and the 
Commission on Disability Rights, launched last week. It offers state-specific 
information about clemency in death penalty states, plus past petitions, court 
decisions, academic papers and ABA policy on the subject.

It also offers training materials, including a book written for the project, 
Representing Death-Sentenced Prisoners in Clemency: A Guide for Practitioners. 
Laura Schaefer, an author of the book and a staff attorney for the Death 
Penalty Representation Project, says it's a manual for lawyers who handle 
capital cases - including pro bono lawyers that the project recruits and 
trains. Access must be approved by the ABA staff because it's only available to 
death penalty defense lawyers. However, Schaefer says another goal of the 
website is to educate.

"One part of what we are trying to do is increase public understanding of the 
clemency process in capital cases ... and how it's supposed to catch wrongful 
sentences," she says.

Clemency is a catchall term for pardons, commutations and other acts of mercy 
from state executive branches. Thomas says most death penalty prisoners ask for 
their sentences to be commuted to life sentences. These requests - which in 
some states are automatic - often go through governors, state parole boards or 
both, and one hurdle for practitioners is knowing what the process is. Another, 
she says, is that lawyers must adjust their strategies for an audience that may 
not have a strong legal background.

Thomas says there are good reasons to consider those requests. In some cases, 
prisoners with intellectual disabilities or mental illness were convicted 
before advances in brain science cast doubt on their culpability. For prisoners 
who have been on death row for decades, age-related disability can also be an 
issue, as it is in an Alabama case the U.S. Supreme Court took up in February. 
The heavy involvement of disability issues in these cases is one reason the 
Commission on Disability Rights was part of the project.

And Schaefer says the rate of clemency grants for death-penalty defendants 
seems to have grown in the past few years. Clemency-related matters put the 
brakes on about 5 executions in 2017, she says. And in February, NBC says Texas 
granted clemency to inmate Thomas Whitaker on the eve of his execution - which 
Schaefer says is "almost unheard of."

"I think we're starting to see an upward trend in capital clemency grants, 
which means that being prepared to represent someone zealously in that process 
is all the more important now," she says.

(source: ABA Journal)

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

Executing Drug Dealers



While most of the civilized world has abandoned execution for moral as well as 
practical reasons, President Trump is now proposing an expanded application of 
the death penalty - traditionally applied only in 1st degree murder cases - for 
all "major" drug dealers.

And even then, the death penalty has become so problematic and costly that the 
31 states where it's still legal only executed, or tried to execute, 23 people 
last year. The legal and correctional cost of execution vastly exceeds the cost 
of a life sentence.

The image of a blind-folded Lady Justice carrying a sword and a set of scales 
symbolizes for Americans the fair and equal administration of the law without 
corruption, greed, prejudice, or favor. And with that in mind, I wonder if the 
criminal justice system would be willing to apply the death penalty equally 
across all socio-economic classes and racial categories or just drug dealers 
from countries President Trump dismisses with expletives.

If so, the billionaire scions of the Sackler family who are directly involved 
in the mass-marketing of Purdue's oxycontin might have good cause to be worried 
- as might the many thousands of Dr. Feelgoods around the country who continue 
today to dispense opiates to those with the money to pay a premium.

Since 1999, 200,000 Americans have died of opiate overdoses. 80 % of today's 
heroin and fentanyl users started on prescription painkillers. The CDC's latest 
figures show 145 Americans a day dying from opioid overdoses. And a recent 
study compared Purdue's marketing strategy to that of the Xalisco cartel which 
targeted methadone clinic neighborhoods, and offered potential customers free 
samples of their product.

Using I.M.S. data, Purdue targeted populations uniquely susceptible to its 
product - poor communities with little education or opportunity and a high 
incidence of work-related injuries. And they offered doctors coupons for a free 
initial prescription, of which 34,000 were redeemed. Last year, 2.3 million 
Ohio residents - some 20% - got a prescription for opioids.

If we're sincere about Lady Justice's commitment to administration of the law 
fairly and without favor, the criminal in the executive suite must be held just 
as liable to prosecution as the street criminal.

I wonder if President Trump would be prepared to apply his death penalty 
proposal to his peers among the wealthiest one percent of white Americans as 
rigorously as he would to anyone else.

(source: Bill Schubart, Vermont Public Radio)


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