[Deathpenalty] death penalty news----TEXAS, PENN., FLA., MO., NEB., CALIF.

[Rick Halperin]

April 26




TEXAS----execution

Texas executes Erick Davila, who killed 2 people including a 5-year-old 
girl----Erick Davila was executed Wednesday evening for a 2008 shooting at a 
child's birthday party that left his rival gang member's mother and 5-year-old 
daughter dead. His case was heard and ultimately rejected by the U.S. Supreme 
Court last year.



A year ago, his death penalty case was being argued before the U.S. Supreme 
Court. On Wednesday evening, he was put to death by the state of Texas.

Erick Davila, 31, was executed after a relatively short 9 years on Texas' death 
row. He was convicted in 2009 for repeatedly shooting at a Fort Worth house 
hosting a child's birthday party, killing the mother and 5-year-old daughter of 
Jerry Stevenson, whom Davila claims was a rival gang member. In his last 
appeal, Davila asked the high court to stop his execution based on new claims 
of drug use during the murders and a conflict of interest with the Tarrant 
County District Attorney's Office.

Minutes before his scheduled 6 p.m. death, the U.S. Supreme Court rejected his 
final appeal, and he was strapped to a gurney in a mint green room, where he 
spoke his final words as Stevenson and other family members of the victim 
watched through a glass pane.

"Yes, I would like to say nephew, it burns, huh," he said. "You know, I might 
have lost the fight, but I'm still a soldier. I still love you all. To my 
supporters and family, y'all hold it down. Ten Toes down right. That's all."

He was then injected with a lethal dose of pentobarbital and was pronounced 
dead at 6:31 p.m.

Davila fought his sentence to the end, maintaining to the courts that he only 
intended to kill his rival, Jerry Stevenson, not the man's daughter, Queshawn, 
or her grandmother, 47-year-old Annette. It was an important distinction 
because the jury had to find that Davila intended to kill multiple people to be 
eligible for the death penalty. Prosecutors argued Davila always intended to 
kill more than his rival, pointing to his statement to police that he was 
trying to get "the guys on the porch" and "the fat dude."

"I wasn't aiming at the kids or the woman and don't know where the woman came 
from," Davila said in a written statement to police, according to court 
documents. "I don't know the fat dudes name, but I know what he looks like, so 
I recognized his face."

It was the question of intent that eventually led Davila's case to the nation's 
high court last April on a legal technicality. His current lawyer, Seth 
Kretzer, argued that when jurors at his trial questioned if they needed to 
decide whether Davila intended to kill his 2 victims or if he intended to kill 
someone and in the process fatally shot 2 others, the judge - who is now the 
Tarrant County criminal district attorney - erred in her answer.

The judge responded that Davila would be responsible for a crime if the only 
difference between what happened and what he wanted was that a different person 
was hurt - without affirming to them that Davila must have intended to kill 
more than 1 person. The jury found him guilty.

Though his lawyer at trial objected to the judge's instructions, the objection 
was overruled, and the issue wasn't brought up again in Davila's state appeals, 
which Kretzer said was bad lawyering. The question that landed in front of the 
U.S. Supreme Court was whether Kretzer could raise the jury instruction in 
federal courts because of ineffective appellate lawyers.

Generally, federal courts can't take up issues that could have been raised in 
state courts, but there is an exception when the trial lawyer is found to have 
been ineffective. But in Davila's case, it was the appellate lawyers, not the 
trial lawyer, who were being accused of dropping the ball. In June, the 
justices decided in a split ruling that the 2 types of attorneys can't be 
treated equally, and Davila became eligible for execution.

He didn't stop fighting.

After Tarrant County set an execution date, Davila filed new appeals. In his 
last petition, Kretzer asked the U.S. Supreme Court to delay the execution 
because he recently discovered that Davila's original co-defendant told the 
judge that Davila was "heavily intoxicated" during the shooting - a fact that 
was apparently unknown by defense attorneys.

Kretzer wanted time to further develop claims that the prosecution may have 
failed to disclose information about Davila being on drugs at the time of the 
murders.

"While intoxication is not a defense to murder, it would have been an issue 
that would have been relevant to mitigation and sentencing," Kretzer said 
Tuesday, indicating a jury could have been persuaded to hand down the lesser 
sentence of life in prison without parole if it was brought up at trial.

The Texas Attorney General's office argued against the appeal in its court 
filing, saying that Davila himself would obviously be aware of his own 
intoxication, so it was information the defense could have found earlier, 
disqualifying it from court review now. The courts agreed with Texas, denying 
Davila's motions.

Davila's team had also asked the nation's high court to remove the Tarrant 
County District Attorney's office from his case since the criminal district 
attorney, Sharen Wilson, was the judge who oversaw his trial, and his former 
state appellate attorney now works for her.

"The clients should obviously be able to trust their lawyers," Kretzer said. 
"You can't get confidential information from your client and then turn around 
and use it against him."

A spokeswoman for Wilson said Tuesday she couldn't comment on the pending case, 
but she pointed to the office's court briefings, which indicates Davila's 
previous appellate attorney is not allowed to have any involvement in the case. 
The state also argues that Wilson's minimal action in the case does not violate 
Davila's due process rights.

"Davila presents no direct authority mandating the office's removal from their 
Texas statutory duty to represent the State, especially when the action 
complained of is the ministerial act of setting an execution date," wrote Texas 
Assistant Attorney General Katherine Hayes in the state's briefing to the 
Supreme Court.

Davila's execution marks the 5th execution in Texas this year and the 9th in 
the country.

(source: Texas Tribune)

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

Executions under Greg Abbott, Jan. 21, 2015-present----32

Executions in Texas: Dec. 7, 1982----present-----550

Abbott#--------scheduled execution date-----name------------Tx. #

33----------May 16-----------------Juan Castillo----------551

34---------June 21----------------Clifton Williams--------552

35---------June 27----------------Danny Bible-------------553

36---------July 17----------------Christopher Young-------554

37---------Sept. 12---------------Ruben Gutierrez---------555

(sources: TDCJ & Rick Halperin)






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

Demond Bluntson remains on death row



It's been 2 years since a Laredo jury found Demond Bluntson guilty of murdering 
his 2 kids and their mother.

It was a historic case since it was the 1st time in nearly 25 years that a jury 
had sentenced someone to death row.

During Wednesday's child abuse conference, District Attorney Isidro Alaniz 
spoke about the trial and the decision to seek the death penalty.

Many similarities have been made between the Bluntson case and the recent case 
of Ronald Anthony Burgos Aviles who is charged with murdering a 1-year-old and 
his mother.

Alaniz says that Bluntson remains incarcerated in a facility in Livingston, 
Texas on death row.

His conviction is currently under appeal and is awaiting a hearing before the 
Texas Court of Criminal Appeals.

Alaniz says, "Eventually, the Court of Criminal Appeals will make the decision 
that if the jury's verdict in this case was in fact properly rendered or given 
and then he will receive the death penalty, so I'm not sure if it will be in a 
year or 5 years but we're very optimistic and confident that the decision will 
be affirmed."

The district attorney says that despite the similarities between the t2 cases, 
he says he was not made a final decision on whether he will seek the death 
penalty or life in prison for Burgos.

Alaniz says that while the alleged crime does qualify for the death penalty, he 
still needs time to review the evidence.

(source: WGNS news)






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

Suspect charged with capital murder for shooting Dallas officer



1 of the 2 Dallas police officers shot outside a Home Depot store died on 
Wednesday and the man suspected of the crime was being held on a capital murder 
charge, which can bring the death penalty, officials said.

Armando Juarez, 29, was caught after a high-speed chase following Tuesday's 
shooting at a Home Depot store, Dallas police said.

The officer who died was identified as Rogelio Santander, 27. Officer Crystal 
Almeida, 26, remained in critical condition, police said.

"We come before you this morning with broken hearts," Dallas Police Chief U. 
Renee Hall said in announcing Santander's death.

A Home Depot security officer, Scott Painter, who also was shot, remained in 
critical condition, Hall told reporters outside Presbyterian Hospital of 
Dallas.

Hall said Almeida and Painter were "making remarkable recoveries."

Both police officers had been with the department for 3 years, officials said.

Juarez was being held at the Dallas County Jail on $1 million bond. He was also 
wanted on a prior felony theft warrant.

"I've assigned a team of prosecutors from my office to assist the Dallas Police 
Department in our mutual pursuit of justice," Dallas County District Attorney 
Faith Johnson said in a statement.

A woman, who was not identified, was also taken into custody with Juarez, Hall 
said. Local media reported she was a passenger in the pickup truck.

(source: Reuters)








PENNSYLVANIA:

Westmoreland DA probes letters from 2 death row inmates



Westmoreland County District Attorney John Peck said he is investigating the 
authenticity of letters from 2 death row inmates convicted in the torture 
slaying of a mentally challenged woman in Greensburg.

1 letter includes threats by one inmate against the other's family.

Both letters were made part of the public case file this week by Common Pleas 
Court Judge Rita Hathaway.

"I don't know if they are authentic," Peck said.

1 letter purportedly was sent from Melvin Knight, 28, formerly of Swissvale, to 
the ex-wife of his co-defendant, Ricky Smyrnes.

Both Knight and Smyrnes, 32, formerly of North Huntingdon, were convicted of 
1st-degree murder for the February 2010 stabbing death of 30-year-old Jennifer 
Daugherty. They were among 6 roommates convicted on charges related to the 
murder.

Daugherty was held captive for more than 2 days and was beaten, tortured and 
eventually killed. Her body was tied up with Christmas lights, stuffed into a 
garbage can and left in a nearby school parking lot.

Knight was sentenced to death in 2012. A year later, a death sentenced was 
imposed on Smyrnes. Both are on death row at the State Correctional Institution 
in Greene County.

Knight's death penalty was overturned by a state appeals court and a new 
sentencing trial for him is scheduled to begin in July. Peck is again seeking 
the death penalty.

Prosecutors contended that Knight stabbed Daugherty at Smyrnes' urging.

Knight's defense attorney, Tim Dawson, said Knight has reported to prison 
officials threats Smyrnes has made against him.< "He categorically denies 
writing it. We have handwriting samples if necessary. Smyrnes is desperate and 
harasses Melvin Knight whenever he can," Dawson said.

Smyrnes lawyer, Thomas N. Farrell, did not return calls seeking comment.

Smyrnes' ex-wife, Karena Smyrnes, testified on Knight's behalf during his 
sentencing trial that her former husband was a violent man.

The letter allegedly sent by Knight includes threats against Karena Smyrnes and 
her child.

"When I get out I will stab you and your son and your family," the letter 
states.

It includes other threats and admissions.

"Everything Ricky shows you in his paperwork about me is true and what I did to 
Jennifer," the letter states.

In the letter Smyrnes sent to the Hathaway, he claimed he was "worried sick" 
and scared for his former wife, He asked the judge to intervene.

Hathaway sent copies of both letters to Peck and to Knight and Smyrnes' 
lawyers.

(source: triblive.com)








FLORIDA:

Why Nikolas Cruz's death penalty trial would be complicated



Nikolas Cruz massacred 17 people in February at his former high school in 
Florida. The question now is does he live or die?

Broward County prosecutors have said they plan to seek the death penalty 
despite his attorney's offer of a guilty plea in exchange for a life sentence.

If prosecutors seek the death penalty, Cruz will join a short list of mass 
shooting suspects who've faced their victims in court. Of the 10 deadliest 
shootings in recent US history, Cruz is the only one who was captured alive.

Some parents who lost their children at Marjory Stoneman Douglas High School 
have made their feelings known about a potential death penalty trial.

"I don't want to go through some lengthy trial that's going to be brutal. I 
want him to sit in a cell and rot for the rest of his life," said Andrew 
Pollack, whose daughter, Meadow, was one of the victims.

"Lethal injection is painless, it's too easy for the psychopath. I don't want 
it -- I want life."

2 other gunmen in recent high-profile attacks have also faced their victims in 
court -- with varied outcomes.

Last year, white supremacist Dylann Roof was condemned to death for killing 
nine black churchgoers in South Carolina. Two years prior, a Colorado judge 
handed a life sentence to James Holmes for the shooting deaths of 12 people at 
a movie theater.

Here's how Cruz's death penalty trial would unfold:

A death penalty trial could take years

Death penalty trials involve an extensive process that painstakingly combs 
through graphic details of the shooting in court. No detail is too small, 
including the gunshots, autopsies and the killer's words.

Both sides relive the harrowing day through agonizing testimony from survivors 
and families. Attorneys bring in witnesses and hire experts to go through 
massive amounts of evidence.

Richard Hornsby, a criminal defense lawyer in Florida, said death penalty cases 
in the state involve a guilt phase to determine whether a suspect committed the 
crime or a lesser crime, and a second phase for the jury to determine the 
penalty.

"It takes at least 2 years for a death penalty case to even be ready for 
trial," he said.

Mental health issues can extend trial

That time frame can be extended if a defendant suffers from mental illness. He 
or she has to be examined and if found incompetent to stand trial, is sent to a 
state mental health hospital, which halts the case for the duration of 
treatment.

Howard Finkelstein, Cruz's public defender, has said if the case goes to trial, 
the jury will hear about the gunman's history of mental illness.

During death penalty trials, the defense focuses on proving mitigating 
circumstances to convince a jury not to impose the death penalty, Hornsby said. 
Such evidence can include diminished IQ and mental health issues, among others.

In some cases, death penalty trials are followed by lengthy appeals in which 
survivors return to court to face the killer all over again.

"When a victim's family takes this journey, they end up hollow-bodied for two 
decades, connected to the person that destroyed their life," Finkelstein said.

"They hear over and over how the system failed to stop him."

Some victims are conflicted

Some Stoneman Douglas students are conflicted on the possibility of a death 
penalty trial.

Student leader Emma Gonzalez describes Cruz's potential death penalty trial as 
a "good" thing. Another student, Cameron Kasky, wants him to "rot forever" in 
prison instead.

Pollack does not refer to the gunman by name, and calls him 1800-1958 -- his 
criminal case number. If the death penalty trial proceeds, he said, he will not 
attend any hearings.P> Instead of facing his daughter's killer in court, 
Pollack said he'll focus on ensuring her memory lives on through a program he's 
launched to ensure school safety.

A death penalty trial would deeply divide a grieving community, leading to 
fingerpointing between the school board, sheriff's office and state and federal 
governments, who've been accused of missing Cruz's many red flags before the 
shooting, Finkelstein said.

It takes an emotional toll

George Brauchler prosecuted the Colorado gunman in the 2012 movie theater 
attack.

During the trial, he described death penalty cases as so wrenching, they are 
like "months of a horrible roller coaster through the worst haunted house you 
can imagine."

Brauchler said he sought the death penalty after speaking with dozens of 
victims' family members. The jury spared the gunman's life and gave him life in 
prison instead, citing his history of mental illness.

In South Carolina, Roof's death penalty trial was so agonizing, during 
cross-examination, defense attorney David Bruck spoke only 8 words when he 
approached 1 victim. "I am so sorry," he said. "I have no questions."

Even the defense doesn't want a trial

Cruz's public defender has made it clear that he's not looking forward to a 
death penalty trial.<>P> Finkelstein is offering Cruz's guilty plea in exchange 
for 34 life sentences without parole. That would take the death penalty trial 
off the table and spare the victims from reliving the nightmare during 
testimony, he said.

Finkelstein has said his client's guilt is not the question -- he's already 
confessed to the killing

"We have been up front, from the first 24 hours. He is guilty. He did it. It's 
the most awful crime in Broward County. He should go to prison for the rest of 
his life," Finkelstein said.

"There are people in the community who believe he should be locked up and the 
key should be thrown away. I happen to be one of those people."

Michael Satz, Broward County's prosecutor, declined to comment on whether he's 
open to a plea deal. He's previously said this is "certainly the type of case 
the death penalty was designed for."

Assistant State Attorney Shari Tate echoed the same sentiment this month.

"The state of Florida is not allowing Mr. Cruz to choose his own punishment for 
the murder of 17 people," Tate said.

Finkelstein said he's still hoping for a plea deal for his client, but quickly 
admits he knows "it will take divine intervention" for it to happen.

Cruz's next court appearance is a status hearing Friday.

Jurors face challenges, too

In high-profile cases such as the Parkland shooting, there are no shortages of 
challenges for everyone involved.

And the jury is no exception, said Hornsby, the criminal defense lawyer.

"Since the state is seeking the death penalty, any juror who is opposed to the 
death penalty will automatically be stricken, meaning the selected jury panel 
will already be predisposed to consider the death penalty as a viable 
sentencing option before the first witness is called," he said.

Jury selection will likely take weeks because the trial may be moved to a 
different venue, according to Hornsby.

"Most difficult, you will have to find people who say they could be fair and 
impartial to the defendant given what they know about the Parkland murders," he 
said. "Good luck."

Florida's death penalty law requires the jury's decision to be unanimous. If 1 
of the 12 jurors dissents, the defendant must be sentenced to life without 
parole, Hornsby said.

Executions take years

If a jury condemns Cruz to die, it'll take years for the execution to be 
carried out. At age 19, he'd be the youngest death row inmate in the state. 
Florida has 347 people on death row, and has executed 96 people since 1976. So 
far this year, the state has executed 1 person.

(source: CNN)








MISSOURI:

Death penalty sought in quadruple murder



The man charged with the murders of 4 members of his family 2 years ago near 
Edgerton, Missouri, learned earlier this month prosecutors are seeking to use 
the death penalty in his case.

Grayden Denham faces felonies for 4 counts of 1st-degree murder, 4 counts of 
armed criminal action, arson, tampering with physical evidence, stealing a 
motor vehicle and misdemeanor animal abuse.

Platte County authorities found the slain and burned bodies of Russell Denham, 
82, Shirley Denham, 81, Heather Ager, 32, and Ager's 3-month-old son, Mason 
Schiavoni, outside the grandparents' Edgerton home, which was destroyed by fire 
Feb. 19, 2016.

Circuit Judge James Van Amburg has set the case for a 9 a.m. Thursday, May 10, 
hearing where the state will defend its request to seek the death penalty.

Denham is being held in jail without bail.

(source: newspressnow.com)








NEBRASKA:

State challenged over lack of notice to attorneys for death row inmate Carey 
Dean Moore



Nebraska's Supreme Court has given the Attorney General's office a deadline to 
say why it didn't notify attorneys for death row inmate Carey Dean Moore when 
it sought an execution warrant.

In an order Wednesday, Chief Justice Michael Heavican, who leads the state's 
high court, said the Nebraska Commission on Public Advocacy was appointed as 
Moore's attorney in 2011 and never asked to withdraw.

He gave Solicitor General James Smith until May 14 to show why the state failed 
to serve a copy of the motion for the execution warrant to the office.

Moore doesn't have any appeals pending, hasn't joined lawsuits over 
death-penalty protocols and is largely believed to be not fighting the 
sentence.

He has been on death row nearly 38 years.

Moore, 60, was sentenced to death on 2 counts of 1st-degree murder in Douglas 
County in the 1979 deaths of 2 Omaha cab drivers, Reuel Van Ness Jr. and 
Maynard Helgeland.

If he is put to death, it would be Nebraska's 1st time carrying out capital 
punishment since Robert Williams was electrocuted in 1997 for killing 3 women.

(source: Lincoln Journal Star)

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

State lawyer asks judge to dismiss ACLU lawsuit challenging Nebraska's death 
penalty



A lawyer for the state asked a judge Wednesday to toss out a lawsuit claiming 
that prison officials violated the law when they established a new lethal 
injection protocol last year.

The American Civil Liberties Union of Nebraska recently filed the legal 
challenge on behalf of 2 death penalty opponents who argue that prison 
administrators produced the execution protocol "hastily, secretly and without 
following required procedures." They have asked Lancaster County District Judge 
Lori Maret to halt any executions using the protocol and to direct officials to 
draft a new one in compliance with the state's Administrative Procedures Act.

Assistant Attorney General Ryan Post argued that the case should be dismissed 
because only death row inmates have the legal standing to claim they would be 
injured by errors in the protocol.

The judge took the matter under advisement and will issue a decision later.

Post is defending Scott Frakes, director of the Department of Correctional 
Services, Gov. Pete Ricketts and Attorney General Doug Peterson, all of whom 
are named in the lawsuit.

The plaintiffs in the case are State Sen. Ernie Chambers of Omaha and Stephen 
Griffith, a Methodist minister and former director of Nebraskans for 
Alternatives to the Death Penalty.

The protocol adopted by the state last year gives the prisons director greater 
flexibility in selecting the types of drugs used for lethal injection than the 
protocol that had been in place since 2009. Using the new protocol, Frakes has 
notified 2 of the 11 inmates on death row that the state intends to use a 
combination of 4 drugs to put them to death.

The attorney general recently asked the Nebraska Supreme Court to issue a death 
warrant for 1 of the inmates, Carey Dean Moore. That decision is pending.

(source: Omaha World-Herald)








CALIFORNIA:

Cop-killer shouted threats instead of helping his defense. He got a death 
sentence



Cop-killer Luis Bracamontes was sentenced to the death penalty during a hearing 
wrought with the emotion of the victims' family members and friends and 
outbursts from the defendant.

Bracamontes was sentenced for the Oct. 24, 2014, slayings, which occurred 
during a daylong crime spree that began in the parking lot of an Arden Way 
Motel 6 and ended in Auburn.

About 8 family members and friends of slain Sacramento Deputy Danny Oliver and 
Placer Detective Michael Davis Jr. gave statements before Bracamontes was 
sentenced. Bracamontes continued the outbursts and odd behavior he has 
exhibited during his trial before he was removed from the courtroom.

Sacramento Deputy Scott Brown, partner of slain deputy Danny Oliver, said his 
heart was broken over the events as Bracamontes grinned broadly.

Motorist Anthony Holmes, shot by Bracamontes five times, said: "He changed my 
life, and I just wanna say we just need to hang him."

Bracamontes called Holmes, who is African American, a racial epithet.

As Danny Oliver's mother, Joyce, spoke of seeing her dead son's body at the 
coroner's office, Bracamontes smiled, swinging back and forth in his swivel 
chair.

Finally, as former Placer Deputy Chuck Bardo called him a monster and a coward, 
Bracamontes began yelling and was removed as he shouted obscenities.

"And in the true fashion of a coward, he retreats," Bardo said as Bracamontes 
continued to shout from the basement as he was led away.

"Your mama," victim Holmes shouts from the courtroom to Bracamontes as he was 
lead out.

Despite facing the death penalty, Bracamontes gave very little help to the 
public defenders trying to spare his life, instead choosing to shout out 
profanities and threats against lawyers, the judge and witnesses over the 
course of his 3 1/2-year court proceedings.

A jury convicted him Feb. 9 in both slayings and on March 27 the same panel 
returned with a recommendation that he be sentenced to death.

Bracamontes' wife, Janelle Monroy, earlier was convicted of assisting him 
during the rampage and was sentenced to nearly 25 years in prison.

(source: sacbee.com)