[Deathpenalty] death penalty news----TEXAS, N.H., FLA., OHIO, KY.

[Rick Halperin]

August 22




TEXAS----impending execution

Condemned man asks for stay of execution


A 41-year-old Brownsville man scheduled to be executed by the State of Texas on 
Sept. 12 at 6 p.m. is asking a federal judge to stay his execution.

Ruben Gutierrez, who was sentenced to death in 1999 for the brutal slaying of 
85-year-old Escolastica Harrison at the Harrison Mobile Home Park on 
Morningside Road in 1998, made the request on Aug. 10.

A Cameron County jury in the 107th state District Court convicted Gutierrez 
based on evidence that he befriended Harrison so he could rob her of some of 
the $600,000 in cash that she had hidden in her home.

According to police, Harrison didn't like banks and kept her money in a 
suitcase in her trailer home. An autopsy showed she had been stabbed 13 times 
with 2 different screwdrivers and was also beaten.

Lawyers for Gutierrez, who were appointed on Aug. 6 and 10, argue in the motion 
that they need time to introduce themselves to Gutierrez, his family and to 
familiarize themselves with the massive case record for the man who has been on 
death row for nearly 20 years.

"Through no fault of his own, Mr. Gutierrez is before this Court less than a 
month before his scheduled execution with counsel who were appointed to his 
case within the past 10 days," the motion for a stay of execution states. 
Gutierrez's previous attorney is no longer procedurally eligible to represent 
the man at the end stage of his appeals process, court records show.

Court documents also indicate that Gutierrez's new lawyers may be preparing for 
civil rights litigation against the State of Texas and want to apply for 
clemency, which, if granted, would convert Gutierrez's death sentence to life 
in prison without parole.

Gutierrez's attorneys also contend they need time to investigate what kind of 
efforts trial attorney's who represented Gutierrez put into DNA testing 
forensic evidence at the crime scene.

"Mr. Gutierrez has fought for nearly a decade to have the forensic evidence in 
his case DNA tested - including fingernail scrapings, blood stains, and hair 
evidence. To date, none of it has been tested," court documents show.

Gutierrez claims he played no role in the murder, though he admits to 
orchestrating the burglary, and continues to assert his innocence, alleging if 
the forensic evidence is tested it would corroborate his claims and render him 
ineligible for the death penalty, court documents indicate.

Cameron County District Attorney Luis V. Saenz said Gutierrez's DNA claim is 
bogus.

"The DNA claim is hogwash. He himself gave a statement and in the statement he 
declares that he participated in the murder. His coactor, co-defendant, 
testified in open court, under cross examination, that Gutierrez was an active 
member in the crime," Saenz said. "So the DNA is going to show that he was 
there and the DNA is nothing more than a dilatory movement at this point by a 
desperate man.To a certain extent, you can't blame him because he's facing 
death."

Alex Hernandez, Harrison's nephew, echoed Saenz's sentiment.

"I think, to me, he's just turning his wheels for the last time because there 
are no more options," Hernandez said. "He's prolonging something that's 
inevitable."

Saenz said both judge and jury rejected Gutierrez's claims that his confession 
was coerced and the DA again pointed to co-defendants who place Gutierrez at 
the scene and link him to the killing.

"I hope to overcome it," Saenz said of the motion for a stay of execution. "And 
hope that the sentence is carried out because that's what the jury decided, and 
the family has waited long enough for closure."

If Gutierrez is unsuccessful in postponing his execution, he will be the 9th 
death row inmate executed this year by the State of Texas.

(source: Brownsville Herald)






NEW HAMPSHIRE:

Sustain the veto: Keep the death penalty


Are there some crimes so heinous that those who commit them forfeit their 
lives?

That is the question facing the New Hampshire Legislature next month when it 
meets to consider Gov. Chris Sununu's veto of Senate Bill 593, which would 
repeal the death penalty in New Hampshire.

Lawmakers should carefully consider the limited set of crimes for which New 
Hampshire imposes the death penalty.

The only current occupant of New Hampshire's death row, indeed the only person 
here convicted of capital murder since the U.S. Supreme Court reinstated the 
death penalty in 1976, is there for murdering a police officer in the line of 
duty.

The capital murder statute also applies for deaths resulting from kidnapping, 
rape, home invasion, or during a drug deal. Murder for hire is punishable by 
death. So are murders committed by prisoners already serving life without 
parole.

New Hampshire's death penalty is narrowly drawn to target violent criminals who 
kill during the commission of their crimes or to undermine efforts to bring 
them to justice. It punishes crimes that tear at the fabric of civil society, 
in addition to the cost to victims and their families.

New Hampshire should retain its ability to hand down the ultimate punishment. 
In September, the Legislature should vote to uphold Sununu's veto of SB 593.

(source: Editorial, The Union Leader)






FLORIDA:

Judge to decide whether to uphold death penalty in brutal Santa Rosa County 
murder


A judge will decide whether a Santa Rosa County death row inmate should 
continue awaiting execution or instead serve a life sentence for the brutal 
murder of Jennifer Robinson in 1998.

Jonathan Lawrence, 43, is eligible for a re-sentencing due to a U.S. Supreme 
Court decision that ruled jury verdicts that are not unanimous are 
unconstitutional in capital punishment cases. His jury was split 11-1 in 
recommending death at trial.

Lawrence wrote a letter to Circuit Judge David Rimmer last year saying he 
deserves to die and doesn't want to proceed with re-sentencing hearings. But 
authorities determined proceedings needed to continue whether or not he was 
going to cooperate.

The court appointed counsel Michelle Hendrix, who is one of the few 
death-certified attorneys in the Panhandle area, to gather mitigating evidence 
to present on Lawrence's behalf. Hendrix and prosecutor John Molchan presented 
their aggravating and mitigating evidence to Rimmer in Santa Rosa County Court 
Monday, and Rimmer has until Sept. 12 to decide whether Lawrence should remain 
on death row or serve a life sentence.

Hendrix was unavailable for comment Tuesday, but Molchan said the defense 
presented mitigating evidence about Lawrence's difficult childhood, including 
sexual and physical abuse, a low IQ and mental health issues.

Molchan argued the horrific nature of Robinson's murder outweighs any 
mitigation the defense presents.

"It was cold, calculated and premeditated," Molchan said of the murder, which 
was the final violent act in what was a two-month crime spree in Santa Rosa 
County in 1998.

Lawrence and his co-defendant, Jeremiah Rodgers, 41, killed Lawrence's cousin, 
Justin Livingston, and shot a 3rd victim, Leighton Smitherman, before killing 
Robinson.

The pair brutally mutilated Robinson's body after death and cut off her calf 
muscle to store in a freezer.

Rodgers also is on death row for the murder. He was re-sentenced in Santa Rosa 
court in 2007 because the Florida Supreme Court ruled evidence in his 
sentencing phase hadn't been handled correctly.

During re-sentencing, Rodgers waived his right to a jury and had a judge impose 
the sentence the 2nd time, which means he isn't entitled to the same 
re-sentencing Lawrence is currently undergoing.

Lawrence will be in court again Sept. 12.

(source: Pensacola News Journal)






OHIO:

Justice for Imam Hasan! Prisoner-workers have a right to strike


Imam Siddique Abdullah Hasan has been on death row in Ohio since 1993, when he 
was wrongly convicted of killing a prison guard during the Lucasville Uprising, 
which took place in April of that year. He is 1 of 5 defendants who were at the 
Lucasville, Ohio, prison during the uprising who could be executed for murders 
they did not commit.

Several dozen other inmates, including Greg Curry, were given long sentences. 
Most of the Lucasville defendants are now housed at the Ohio State Penitentiary 
supermax facility in Youngstown.

Hasan, Curry and others are regularly subjected to intense harassment because 
of their convictions stemming from the uprising. Hasan has spoken via phone to 
meetings held this year to mark the 25th anniversary of the rebellion. In April 
on the anniversary of the uprising surrender, Hasan, Curry, Keith Lamar, Jason 
Robb and Nameer Mateen had their phone and email access taken away.

Lamar, Robb and Mateen are members of the 5 who are on death row in connection 
with Lucasville. The 5th person on death row, George Skatzes, is in a different 
state prison. It took a mass phone campaign to get their normal rights as 
prisoners restored.

On July 27, Hasan was charged with 5 infractions of prison rules and put in 
solitary confinement - "the hole." All the charges were in connection with the 
national prison work stoppage set to begin Aug. 21. The following day, July 28, 
Hasan began a hunger strike, which he ended 12 days later due to medical 
complications.

Normally, alleged infractions at OSP are addressed before the Rules Infraction 
Board, but Hasan was dragged before the Serious Misconduct Panel for a hearing 
Aug. 14. He was not allowed to view all the evidence against him. 2 prison 
officials constituted the panel.

Although the charges were based on conversations Hasan had with supporters over 
the phone, his request to have those supporters called as witnesses was denied.

This writer, who helped organize a solidarity meeting in Detroit which featured 
a phone-in presentation by Hasan, was among those willing to testify over the 
phone. Yet "unavailability" was cited, along with "relevancy" and "security 
concerns," as reasons to block our testimony.

The charging official was Brian Wittrup, chief of the Bureau of Classification, 
who claimed that, by supporting a prison work stoppage, Hasan was encouraging 
prisoners to riot. At one point, he admitted that Hasan never promoted rioting, 
but opined that things could get out of control, hence Hasan was guilty.

So Imam Hasan was found guilty of all charges and put in "Extended Restricted 
Housing" Level 3. His phone and email access was denied for one year, along 
with kiosk (commissary) privileges. This restriction can be reviewed every 90 
days.

According to Greg Curry, who was finally released from the hole, inmates 
stopped working to protest the treatment of Hasan and the crackdown on his 
entire cell block after Curry allowed information on Hasan's unjust treatment 
to reach the outside. "Of course the cops went to their special inmates to get 
them to cross the picket line but that was frowned upon," said Curry. 
(lucasvilleamnesty.org) Authorities attempted to plant a knife on Curry, but 
the RIB had to drop the charge due to lack of evidence.

Hasan's supporters are urged to send him letters of support so authorities will 
feel the pressure of widespread solidarity. Send mail to Siddique Abdullah 
Hasan, R130-559, Ohio State Penitentiary, Youngstown, OH 44505

(source: workers.org)

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

Prosecutor stands by death penalty after getting letter from Vatican


A Vatican official encouraged an Ohio prosecutor to go to confession after 
defying the Roman Catholic Church's new policy that the death penalty is never 
acceptable.

But that prosecutor, Hamilton County's Joe Deters, is coming to his own 
defense.

Paul Mueller, a vice director at the Vatican Observatory, wrote a letter weeks 
ago to Deters saying he was scandalized that Deters would use his office to 
"oppose and confuse the teachings of the Church."

Deters, a Catholic, has been pursuing the death penalty in the resentencing 
case of a convicted serial killer.

On Tuesday, he backed up his reasoning, trotting out the biblical phrase, 
"Render to Caesar the things that are Caesar's."

Deters said there's a civil law and he swore to uphold it, and while he has 
great respect for Pope Francis, Deters doesn't think the pontiff "gets it" 
about capital punishment.

Earlier this month, Pope Francis changed the Catholic Church's teaching on the 
death penalty. The policy previously said the Catholic Church would consider 
capital punishment if it was the only way to defend human lives.

"He's in an ivory tower, God bless him. I served Mass for 20 years and all that 
stuff. I'm just telling you they don't know what we're dealing with. And if 
they did know what we're dealing with, if the Pope's sister was murdered by a 
guy who killed four other girls and would continue to kill, I don't think he'd 
feel the same way," Deters said Tuesday.

Deters laughed when asked if he feels conflicted in any way or feels that he is 
in a battle with the Catholic Church. He said he does not.

He said that, while the Catholic Church changed its position a couple of weeks 
ago, he has remained consistent.

(source: WLWT news)






KENTUCKY:

Kentucky Supreme Court justice halts Louisville death penalty trial----Defense 
attorneys say prosecutors just turned over evidence that could provide an alibi 
for their client


A Kentucky Supreme Court justice halted a death penalty trial Tuesday at the 
request of defense attorneys, who argued prosecutors turned over important 
evidence as the trial was getting underway.

Justice Lisabeth Huges overruled a decision by Jefferson Circuit Court Judge 
Darryl Lavery, who had allowed the trial to continue. A hearing has been set 
for Sept. 4 to schedule a new trial date.

And both sides will now ask the judge to exclude the death penalty.

Guy Allen and his co-defendant, Eugene Mitchell, were on trial in Jefferson 
Circuit Court for the Nov. 12, 2013, murder of 61-year-old Sheila Devine. Jury 
selection in the case began Aug. 10.

Defense attorneys for Allen, Todd Lewis, Robert Boyd and Ryan Vantrease, 
claimed the Jefferson Commonwealth's Attorney's office turned over 
"significant" evidence just in the last few weeks, including Allen's phone 
records, which show calls were made on his phone during the time of the murder, 
according to court documents.

Vantrease and Lewis argued they needed time to investigate the phone records 
and track down who Allen called.

"One or more of these witnesses could eventually provide alibi evidence for Mr. 
Allen," according to the motion.

The defense attorneys also said prosecutors identified 3 expert witnesses they 
planned to have testify during the trial just in the last few days. In 
addition, the defense argues there is new DNA that needs to be tested.

Jefferson Circuit Court Judge Darryl Lavery on Monday denied a motion to delay 
the trial. Allen's attorneys appealed the ruling to Kentucky Supreme Court 
Judge Lisabeth Huges, who will hear arguments Tuesday morning.

A spokesman for the Commonwealth's Attorney's office did not immediately 
respond to a message seeking comment.

(source: WDRB news)