[Deathpenalty] death penalty news----TEXAS, N.H., ALA., TENN.

[Rick Halperin]

August 8



TEXAS:

District Attorney featured in Netflix show


Bexar County District Attorney, Nico LaHood, is now featured in a Netflix 
Original series called, "I Am a Killer."

According to the information provided on Netflix, "Death row inmates convicted 
of capital murder give a firsthand account of their crimes in this documentary 
series."

Nico LaHood is featured in Episode 2 of Season 1.

In the summer of 1996, Nico's brother Michael LaHood Jr. was brutally shot and 
killed outside of their family's San Antonio home. Michael had been 
25-years-old at the time.

"We call it his anniversary in heaven on August 15th," said Nico LaHood.

LaHood tells us that he still remembers the day his brother was killed.

"We walked out to it," said LaHood. "I helped load his body on the gurney after 
they finished the investigation. I helped my pop wash his blood off the 
driveway. I mean that's real."

Several people were involved in Michael's murder.

Mauriceo Brown received the death penalty in 2006. In addition, Kenneth Foster 
had been on death row. His death sentence was commuted in 2007, hour before his 
scheduled execution.

"The governor made a decision to commute the sentence," said LaHood referring 
to former Texas Governor Rick Perry. "I accepted it. That's his authority. He 
can do that. I didn't agree with that, but I accepted it. I had to move on."

Nico LaHood tells us that he's already watch the Netflix episode.

"I'm at peace now," said LaHood. "It was different to watch it, when you're 
looking at your own brother. You relive that night again, which I had never 
forgotten."

LaHood believes the Netflix episode shares a balanced perspective regarding 
what happened to his brother almost 22 years ago.

"They really did their due diligence on getting as much evidence as they 
could," said LaHood.

All 10 episodes of "I Am a Killer" are available now on Netflix.

(source: foxsanantonio.com)

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

Netflix Kenneth Foster Jr. is the death row inmate featured in the second 
episode of Netflix's 'I Am A Killer,' for his role the murder of Michael LaHood 
Jr.


Kenneth Foster Jr. is a man convicted of the murder of Michael LaHood Jr., and 
featured in the 2nd episode of Netflix's 'I Am a Killer.' Recently, Bexar 
County District Attorney Nico LaHood has spoken out against Foster's recent 
testimony via Netflix. All I'm saying is, I don't believe the man is sincere," 
LaHood said Monday. "Everybody deserves redemption if they want it. That's the 
big if. They have to want it."

LaHood added, "And there is no reconciliation between anybody without truth. If 
I offended you, but yet I lie to you to try to make it better with you, that's 
not true reconciliation."

Here's what you need to know.

1. On August 14, Michael LaHood Was Murdered by Mauricio Brown, with Foster 
Present

"There was 4 of us that was in the car," Foster said. "I was driving...as we 
were driving, 1 of the occupants said, maybe we want to pull a jack 
move...which is basically a robbery, under the law, it's a robbery."

Foster continued, "I felt some peer pressure, and I said okay. This happened 
twice, and there was an unsettling feeling in me...as we were driving towards 
this area, there was another 2 cars that were in front of us. The 2 cars ended 
up turning into a residential area. That???s where the events took a wrong 
turn."

At that point, the men pulled over to have a conversation with a woman who was 
later found out to be a stripper. 1 of the men got out of the car to approach 
the woman, at which point LaHood came closer to the car. Foster then points out 
that whatever happened next is "kind of a controversy," because the only people 
who really saw what happened were LaHood, Brown, and the woman.

"I did know that he had a gun," Foster said. "[But] he never said he's taking 
the gun, he never said 'be prepared to take off...' we really thought he was 
going to go for a round with the female."

2. Foster Was Given the Death Penalty Even Though He Never Fired a Single Shot

Despite the fact that Brown later testified he had acted of his own accord, the 
jury later convicted both Foster and Brown of capital murder, and Foster of 
being the conspirator to the act, as the driver. Foster was convicted under the 
Texas Law of Parties, which stipulates that anybody who is 'party' to a law can 
be held responsible for it.

"I can honestly say that you don't know death row until you're there," Foster 
said. "Every day, when you're there, and every year, there was executions 
mounting up. Some of these guys became my friends."

"It's a traumatic process," Foster said.

Brown was executed in 2006 via a lethal injection. Foster was eventually 
spared.

3. Foster Was Commuted of the Death Penalty 6 Hours Before His Execution

On the day before Foster's execution, he was taken from death row early amid 
protests (both inside of the jail and in the public) to spare him of the 
penalty.

Foster noted, "When they came and took me out of my cell, I went to the ground. 
I refused to walk. I was scared. I didn't feel like I should get executed. I 
made them carry me...and the next day, I had my final visit with my family."

Foster eventually found out that his sentence was commuted 6 hours before his 
execution, by then-Governor Rick Perry.

4. Foster Is Now Serving a 40 Year Life Sentence, & Will Be Eligible for Parole 
in 2036

In the wake of Foster's death sentence being commuted, he was given a new 
prison sentence of 40 years. "Every day for the last 21 years, I've had to 
think, 'What can I do that's going to make a difference in this situation?'" 
Foster said.

"Even though I wasn't the one that killed LaHood, nevertheless I was there," 
Foster said. "I've had to pay the price for it, and it means something to me."

Foster has stated his intentions to build a bridge with the LaHood family, to 
find out if "rehabilitation and redemption is possible."

"I want to show that life is worth something," Foster said.

5. Nico LaHood Believes That Foster Isn't as Innocent He Has Claimed, & Isn't 
Interested in Communicating

Nico LaHood has stated that he doesn't believe those men would have gone as far 
as they had into his neighborhood unless they were following someone.

"I became a functioning 'angerholic' [after my brother's death]," LaHood said, 
"and the world didn't give me any answers.

"The idea of meeting with Foster doesn't enrage me anymore," LaHood said, "But 
I will not expend any resources to do something solely for him. He can't pay me 
back...so why seek me out for a debt that he can't pay?"

(source: heavy.com)






NEW HAMPSHIRE:

Urge your reps to override governor's bid to keep death penalty


To The Daily Sun,

SB-593, a bill to abolish the death penalty in N.H., passed both the house and 
the senate this past session, with bipartisan support, but was vetoed by Gov. 
Sununu in June.

The Senate and House will meet on September 13 to vote on whether to override 
or sustain bills passed earlier this year but vetoed by the governor. This 
requires a 2/3 majority in both chambers or 16 votes in the Senate and 
two-thirds of however many representatives show up on the day of the vote.

I was pleased to see that my 2 representatives (Reps. Comtois and Howard) voted 
yes on the repeal bill. Though I don't get to say it often, I thank them both 
and hope they will be there to vote to override the veto. My senator James 
Grey, however, voted nay on SB-593. I urge him to reconsider.

The facts are that the death penalty kills innocent people, does not deter 
crime, is extremely costly to taxpayers, unfairly targets the poor and 
minorities, has failed victims' families, and has rapidly diminishing public 
support. The time has come to end the death penalty. It is not justice.

You can see how your representative voted at http://www.gencourt.state.nh.us/ 
(search for SB-593). You can also find contact information there for your 
senator and representatives; please call or email and urge them to override the 
veto and repeal the death penalty. It is the right thing to do.

Suzanne Allison

Barnstead

(source: Letter to the Editor, Laconia Daily Sun)






ALABAMA:

Mental evaluation set for Autauga capital murder suspect


A circuit judge wants to get the wheels moving in a 2016 capital murder case in 
Autauga County.

Judge Sibley Reynolds held a status hearing Tuesday afternoon in the case where 
Willie Foster, 33, who faces capital murder charges in the May 23, 2016, death 
of Carol Parker Nunnery, 72, a well-known Prattville resident.

Parker was active in efforts to improve the Autauga Creek Canoe Trail and was 
known as a member of the "downtown mafia," a tongue-in-cheek reference to 
residents who generally kept an eye on things. She was known to travel around 
downtown in her golf cart.

Foster worked occasionally for Parker as a handyman and did yardwork, records 
show.

"We want to get this out of the big stack and put it in the small stack," 
Reynolds told the prosecutors and defense attorneys. Reynolds ordered a mental 
evaluation be done on Foster to determine if he is fit to stand trial. But he 
also wants both sides to proceed with administrative matters to get the case 
ready to go to trial. A mental evaluation could take several months to 
complete.

Steve Langham and Terry Luck have been appointed to represent Foster. Evidence 
in the case suggests that someone else may have been involved, Langham told 
Reynolds.

"Someone else may be the perpetrator," Langham said. "There is fingerprint 
evidence that points to someone else."

Reynolds then looked over at Chief Assistant District Attorney C.J. Robinson.

"We think we got the right guy, Judge," Robinson said.

During a preliminary hearing held before District Judge Joy Booth a few days 
after the murder, evidence was presented that Foster confessed to sheriff's 
office investigators. There may be negotiations working to have Foster plead 
guilty to capital murder if the death penalty is taken off the table. The only 
other sentence possible in a capital murder case is life in prison without the 
possibility of parole.

"We need to be looking toward some kind of resolution before we get to trial," 
Reynolds told the attorneys.

"We don't want to put the family through this," Luck said.

"Well, there they are," Reynolds said, indicating a group Nunnery's family and 
friends who were sitting on the 1st row in the courtroom.

The attorneys would not clarify after the hearing on any effort to get a plea. 
There has been a gag order put in place, barring participants from commenting 
outside court proceedings. Foster has remained in custody on a $300,000 bond 
since his arrest shortly after Nunnery's body was found on County Road 3 near 
Autaugaville.

Capital charges were sought because prosecutors think Nunnery was killed during 
the commission of a robbery, Robinson said before the gag order was in place. 
Nunnery lived near the Prattville Kindergarten School. During the beginning 
phases of the investigation, it had not been determined where the murder 
occurred, so the Prattville Police Department and the Autauga County Sheriff's 
Office were conducting a joint investigation. Evidence shows that Nunnery was 
killed on County Road 3, Sheriff Joe Sedinger said, after the investigation 
progressed. The sheriff's office is handling the case.

The arrest warrant reads that foster caused the death of Nunnery by '... a 
blunt object and or vehicle...". Nunnery's car was found in Prattville, Police 
Chief Mark Thompson said, during the early stages of the investigation.

(source: Montgomery Advertiser)






TENNESSEE----impending execution

Paula Dyer Killed 32 Years Before Potential Death Penalty Will Be Carried Out


Tennessee's 1st execution in 9 years is slated to be carried out on Thursday.

Attorneys for Billy Ray Irick are now appealing to the U.S. Supreme Court -- 
but the reason why Irick is facing the death penalty lies in the death of a 
little girl.

Her name was Paula Dyer -- 7 years old back in 1985 when Billy Ray Irick raped 
and then killed her. It's a name and a face her family doesn't want you to 
forget.

Irick was a roommate, living with Paula's parents and brothers in 1985. Irick 
was supposed to be watching over the children while the parents were away. 
Instead, prosecutors said he barricaded a door in the home trapping Paula's 
brothers inside a room, while he raped and strangled Paula to death.

Paula's mother Kathy has fought to get attention off of Irick, who himself is 
exhausting legal efforts to avoid his Thursday execution, and back on pictures 
of her daughter, and the crimes Irick was convicted of committing against her.

But for now, Paula's family may just be days away from the justice that was 
doled out 32 years ago.

(source: newschannel5.com)

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

Countdown to execution: Why it took over 30 years to execute Billy Ray Irick


The Tennessee Department of Correction moved Billy Ray Irick to death watch on 
Monday night.

He's scheduled to die by lethal injection Thursday for raping and killing 
7-year-old Paula Dyer in Knoxville on April 15, 1985. Here's a rundown of some 
of the most important moments in the case, which now dates back 33 years:

The lead up to murder 1982: Kenny and Kathy Jeffers marry. The couple have 5 
children total, including Paula Dyer, Kathy Jeffers' 2nd child from a previous 
relationship. At some point, Billy Ray Irick, a friend of Kenny Jeffers, moves 
in as a boarder. Irick helps babysit the children when the husband, a truck 
stop mechanic, and wife, a waitress, work late shifts. The children nickname 
him "Uncle Bill."

March 1985: An electrical fire erupts in the ceiling of the Jeffers home in 
Clinton. Irick pulls 2 of the children from amid the burning debris and carries 
them to safety. The family moves with Irick into a rental house on Exeter 
Avenue in Knoxville's Beaumont community. Kenny Jeffers later moves out to stay 
with his mother in Western Heights; Irick bounces between the 2 homes.

Day of the killing

April 15, 1985: Kenny Jeffers' mother chases Irick out of her house with a 
broom and warns him not to come back.

Noon: Kenny Jeffers drives Irick to pick up Irick's last paycheck, then to a 
convenience store where Irick buys a quart of beer. Jeffers drops off Irick at 
the house on Exeter. Later he picks up the children from school and gives Irick 
a ride to buy more beer.

9 p.m.: Kathy Jeffers puts the children to bed and notices Irick muttering 
angrily to himself on the back porch. Irick tells her he's "mad" because he 
wanted to hitchhike to Virginia, but Kenny Jeffers asked him to watch the 
children instead.

10:30 p.m.: Kathy Jeffers reports to work for the midnight shift at Hagamans 
Truck Stop. She sees her husband and asks to him to go home to check on the 
children because she has a "bad feeling" about Irick. He brushes the 
conversation off.

Midnight: Irick knocks at the door of Wallace Bailey, a neighbor, and asks to 
use the phone for "an emergency." He calls Kenny Jeffers and tells him to come 
home: "It's Paula. I can't wake her up." The neighbor offers to call an 
ambulance, but Irick walks away, saying, "It's too late for that." Kenny 
Jeffers comes home to find a half-nude Paula lying on a bed with a puddle of 
blood between her legs. Doctors at the hospital pronounce her dead.

Investigation and prosecution

April 16, 1985: Kenny Jeffers tells a police officer at the hospital, "I knew 
he had done something to her. ... If he has done what I think he has done, I 
will kill him." Knoxville Police Department officers arrive at the home on 
Exeter and find Irick gone. An autopsy determines Paula had been raped and died 
from either strangulation or suffocation.

April 17, 1985: KPD Detective Don Wiser finds Irick on Baxter Avenue near the 
Interstate 275 entrance ramp trying to hitchhike. After a few hours of 
questioning, he admits to raping and killing Paula and signs a confession. 
Police charge Irick with murder.

Nov. 2, 1986: A Knox County jury finds Irick guilty of felony murder and 2 
counts of aggravated rape.

Nov. 4, 1986: Jurors sentence Irick to death.

Years of appeals

May 4, 1987: Irick's 1st execution date passes as his attorneys appeal.

Nov. 7, 1988: The Tennessee Supreme Court denies Irick's 1st appeal. Further 
rounds of appeals continue.

Sept. 22, 2010: The Tennessee Supreme Court denies Irick's final appeal 
claiming insanity and sets an execution date.

Dec. 7, 2010: Irick's new execution date passes as his attorneys challenge the 
constitutionality of lethal injection.

July 2, 2015: The Tennessee Supreme Court denies a lawsuit by Irick and 34 
other death-row inmates challenging the constitutionality of the state using 
the electric chair as a backup if the drugs for lethal injection run out.

March 28, 2017: The Tennessee Supreme Court denies another challenge to the 
state's lethal-injection protocol.

Final appeals begin

Jan. 19, 2018: The Tennessee Supreme Court sets Irick's execution date for Aug. 
9.

July 31, 2018: Irick's attorneys ask the Tennessee Supreme Court to delay his 
execution until another challenge to the state's lethal-injection protocol can 
be resolved.

Aug. 6, 2018: Prison officials move Irick to death watch.

Aug. 7, 2018: Irick's attorneys ask the U.S. Supreme Court for a stay of 
execution.

(source: Knoxville News Sentinel)

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

Is death penalty ethical, humane, fair, effective or even practical?


As of January 2017, there were 63 inmates on death row in Tennessee. Executions 
have been on hold pending a challenge by inmates to the single-dose drug 
protocol.

On Thursday, it's likely that Tennessee will perform a legally sanctioned, 
premeditated killing of one of its citizens.

Meanwhile, Pope Francis just announced the Catholic Church now opposes the 
death penalty under all circumstances.

The Pope said the death penalty violates the Gospel and amounts to the 
voluntary killing of a human life, which "is always sacred in the eyes of the 
creator."

Billy Ray Irick is scheduled to be put to death by "lethal injection protocol" 
at the Riverbend Maximum Security Facility unless there is another delay.

The Tennessee Supreme Court on Monday allowed for the execution to continue and 
Gov. Bill Haslam decided not to intervene.

The last time the state of Tennessee performed a court-sanctioned killing was 
2009.

There are more than 60 Tennessee inmates on death row, so now's a good time to 
take another look at this taxpayer-funded folly.

First, there's the ethical question. Is it right to take a life? Why don't 
people who oppose abortion see the inconsistency of supporting the death 
penalty?

Is it humane?

More than 2/3 of the countries on earth have abolished it.

The U.S. is 1 of 5 countries in the world responsible for most of these 
premeditated killings, along with North Korea, China, Iran and Yemen. And 
within the U.S.,Tennessee is 1 of only 31 states where it is legal.

Killing some innocent defendants is an unavoidable consequence.

More than 150 people in the U.S. have been exonerated and released from death 
row since 1973 - many with DNA evidence - prior to their execution.

We may never know how many innocents have actually been put to premeditated 
death by mistake.

The death penalty is arbitrary and unfair. Almost all death row inmates could 
not afford their own attorney at trial. Local politics, the location of the 
crime, plea bargains and pure chance make it a lottery of who lives and who 
dies.

Since the U.S. Supreme Court reinstated the death penalty in 1976, about 80 % 
of all executions have taken place in the South (about 35 % in Texas alone).

Then there are the practical considerations.

>From a taxpayer's perspective, it costs less to keep a convicted murderer 
locked up for life than it does to legally kill them.

In addition, there is no good evidence that the death penalty reduces murder 
rates or acts as a deterrent for crime in general.

In April 2012, The National Research Council concluded that studies claiming 
that the death penalty affects murder rates were "fundamentally flawed" because 
they did not consider the effects of non-capital punishments and used 
"incomplete or implausible models." A 2009 survey of criminologists revealed 
that more than 88 % believed the death penalty was not a deterrent to murder.

FBI data showed that the 14 U.S. states without capital punishment in 2008 had 
homicide rates at or below the national rate.

Regarding the specifics of the process in Tennessee:

This killing likely will involve the use of the sedative midazolam in an 
attempt to cause unconsciousness, and potassium chloride to stop his heart from 
beating. A 3rd drug (pancuronium) may be used to cause muscle paralysis and to 
stop breathing.

This 3-drug protocol has been challenged as resulting in an experience of 
"torture."

Midazolam has been used in prior botched execution attempts where observers 
stated the victim did not seem fully unconscious.

If Tennessee wishes to continue killing, our legislature should modify the 
process to include euthanasia by nitrogen gas - inert gas asphyxiation. In this 
method, the condemned is sealed in an airtight chamber pumped full of nitrogen.

The prisoner would detect no abnormal sensation while breathing the odorless, 
tasteless gas and would not undergo the painful experience of suffocation, 
which is caused by a buildup of carbon dioxide in the blood, not lack of 
oxygen. The process is very rapid and there is no evidence that it is painful.

(source: Opinion; Matthew Hine is an Oak Ridge physician----The Tennessean)