[Deathpenalty] death penalty news----IND., IOWA, S.DAK. COLO., UTAH

[Rick Halperin]

Feb. 1



INDIANA:

Defense will challenge Allen County judge in death penalty case



Court-appointed lawyers for a man facing the death penalty will challenge an 
Allen County judge's decision last week to remove a private defense attorney 
from the case.

Michelle Kraus said Wednesday she or public defender Robert Gevers will file an 
interlocutory appeal - one that is allowed while the case is ongoing - asking 
appellate court judges to decide whether Superior Court Judge Fran Gull's 
removal of Nikos Nakos was proper.

Kraus and Gevers were assigned to represent Marcus Dansby after Gull's ruling 
Friday. Dansby, 22, is charged with killing 4 people - including his unborn 
child - in 2016.

Superior Court Judge Fran Gull ordered Nakos off the case, writing in court 
documents filed last week "he is not qualified to provide the high quality 
representation required by the 6th Amendment to the United States 
Constitution."

She said in a hearing Friday that Nakos has not participated in special 
training for lawyers in capital cases. The dozens of other cases he is handling 
in state and federal court could affect his ability to effectively represent 
Dansby, Gull said.

Nakos counters that rules for lawyers in death penalty cases cited by Gull 
apply only to court-appointed attorneys.

He is right, according to the state's Rules of Criminal Procedure and Norman 
Lefstein, an expert on death penalty representation who is a law professor and 
dean emeritus at Indiana University's Robert H. McKinney School of Law.

But, Lefstein said, it is up to the judge to decide whether lawyers are 
qualified to serve their clients in such cases.

"If he is a retained lawyer, these do not apply," said Lefstein, who has 
authored papers on death penalty representation and served for 17 years as 
chairman of the Indiana Public Defender Commission. "But the judge does have 
discretion."

The rules include requirements that appointed attorneys in capital cases have 
at least 12 hours of training from the commission. Lawyers' workloads must be 
managed "to assure that counsel can direct sufficient attention to the defense 
of a capital case," the criminal procedure rules state.

The appeal must be filed within 30 days of Gull's ruling, Kraus said.

Interlocutory appeals are relatively rare and are sometimes filed in criminal 
cases when questions arise over suppression of evidence, said Larry Landis, 
executive director of the Indiana Public Defenders Council. The council is 
separate from the commission and is a state agency made up of public defenders 
that helps coordinate duties and provides research for attorneys.

Dansby was charged in September 2016 with killing Traeven Harris, 18, Consuela 
Arrington, 37, Dajahiona Arrington, 18, and her unborn child, which was later 
determined to be his. The killings happened in a home on Holton Avenue.

Prosecutors sought the death penalty in January 2017.

Nakos maintains he is qualified to handle the case and has asked in court 
documents to remain a member of the defense team. He said Tuesday he has known 
Dansby and his family for "many, many years" and wants to help them and defense 
attorneys.

"I'd be willing to assist the public defenders in any possible way, and I've 
expressed that to them," Nakos said.

Kraus declined to comment on whether Nakos might re-join the defense.

Paperwork had not been filed with the Indiana Court of Appeals, as of Wednesday 
afternoon.

(source: The Journal-Gazette)








IOWA:

Iowa faith leaders speak out against calls to enact death penalty



It is with heavy hearts that we come together as one voice to speak up and 
stand against the introduction of the death penalty in Iowa.

For many reasons, based on the spectrum of our faiths and religious traditions 
we represent as well as the clear societal concerns surrounding the 
implementation of the death penalty, we fervently oppose the death penalty and 
ask you as elected officials to oppose it as well.

We come with heavy hearts because our beloved Iowa is considering legislation 
we know to be wrong, immoral and contrary to the facts that have become so 
apparent across the nation.

The data and facts are clear. The implementation of the death penalty is 
influenced by the racial undertones of our nation's history. African American 
men are adversely and disproportionately impacted. They are more likely to be 
given the death penalty upon conviction, especially if the victim is white. 
This alone is argument enough against the death penalty, but we have additional 
concerns.

We, along with most Americans, are concerned about innocent people being 
sentenced to death. 7 of 10 adults believe there is a risk an innocent person 
will be put to death. 50 % of Americans say minorities are more likely than 
whites to be sentenced to death for the same crime. Between 1973 and 2015, 153 
innocent people were exonerated with evidence of their innocence and released 
from death row.

We, along with most Americans, understand the death penalty is not a deterrent 
to crime. States with the lowest murder rates do not have the death penalty, 
while states with the highest murder rates do have the death penalty. A 2009 
poll found police chiefs ranked the death penalty last among ways to reduce 
violent crime and the least efficient use of taxpayers??? money to deter crime.

We, along with most Americans, know the cost of implementing the death penalty 
is too high a price to pay in terms of our scarce public dollars. In Oklahoma, 
capital cases cost on average 3.2 times more than non-capital cases. In a state 
like Iowa that is unable to adequately fund basic, public services such as 
PK-12 and higher education or provide basic protections for children and the 
least of those among us, we have no business adding the unnecessary costs of 
implementing the death penalty.

The use of the death penalty by states is on the decline. 7 states have 
abolished the death penalty since 2007, including New York, New Jersey, New 
Mexico, Illinois, Connecticut, Maryland and Delaware. Multiple states have 
placed a suspension or moratorium on executions. Only 5 states accounted for 
all executions in 2016 (Alabama, Florida, Georgia, Missouri and Texas), which 
tells us other states understand the death penalty is not a fair or reasonable 
action for a state to take. Iowa has not had the death penalty since 1965.

We, along with most Americans, do not support the death penalty. A 2010 poll 
found 61% of voters would choose a punishment other than the death penalty for 
murder.

At its core, our opposition to the death penalty is based in our faith 
traditions that inform our beliefs on what is right and wrong and what we must 
stand against on behalf of our faith and human rights. Our collective faiths 
compel us to use our voices to declare the death penalty wrong and immoral. The 
government should not kill a human being as retribution or punishment, 
regardless of the person's actions.

As faith leaders and clergy across the state, we implore you to stand with us 
and say no to allowing the death penalty in Iowa. It is unfair, unnecessary, 
ineffective and morally wrong.

Connie Ryan, Executive Director, Interfaith Alliance of Iowa

Bishop Laurie Haller, Iowa Annual Conference of The United Methodist Church

Bishop Alan Scarfe, Episcopal Diocese of Iowa

Bishop Michael L Burk, Southeastern Iowa Synod, Evangelical Lutheran Church in 
America

Bishop Steven L. Ullestad, Northeastern Iowa Synod, Evangelical Lutheran Church 
in America

Bishop Richard Pates, Bishop of Des Moines

Rev. Bill Spangler-Dunning, Regional Minister, Christian Church (Disciples of 
Christ) in the Upper Midwest

Rev. Brigit Stevens, Executive Conference Minister, Iowa, Nebraska, and South 
Dakota Conference of the United Church of Christ

Rev. Tim Button-Harrison, District Executive Minister, Northern Plains 
District, Church of the Brethren

Stated Clerk, Dr. Rebecca Blair, Presbytery of Eastern Iowa

The Rev. Wendy K Abrahamson, Episcopal Church, Grinnell

Reverend Randy Allman, Disciples of Christ, Story City

Rev. Michael Amadeo, Catholic, Des Moines

Sister Lou Anglin, Catholic, Dubuque

The Reverend Laura Arnold, United Church of Christ, Decorah

Reverend Ryan Arnold, Christian Church (Disciples of Christ), Des Moines

Fr. Robert J. Aubrey, Roman Catholic, Des Moines

Rev. Dean Baer, ELCA, Des Moines

Rev. Phil Barrett, Presbyterian Church (U.S.A.), Atlantic

Rabbi Emily Barton, Jewish, Des Moines

Rev. Dr. Beverlee Bell, United Methodist, Urbandale

Reverend William Bernau, ELCA, Des Moines

Reverend Alice Bolen, Christian Church (Disciples of Christ), West Des Moines

Rev. Dr. Ramona Bouzard, Lutheran Christian, Waverly

Sister Mary Anne Bradish, Catholic, Dubuque

Rev. Mr. Tom Bradley, Catholic, Johnston

Rev. Brad Braley, Presbyterian Church (USA), Cedar Falls

Rev. Candice Brown, Christian Church (Disciples of Christ), Des Moines

Rev. Wallace Bubar, Presbyterian Church USA, Des Moines

Rev. Patricia Buck, Disciples of Christ, Indianola

Reverend Tammy Buseman, Christian Church (Disciples of Christ), Marion

Reverend Sheryl Butler, Christian Church (Disciples of Christ), Glenwood

Reverend Mary Jane Button-Harrison, Christian Church (Disciples of Christ), 
Ames

The Rev Dr Elaine Caldbeck, The Episcopal Church, Bettendorf

Rev. Jill Cameron Michel, Christian Church (Disciples of Christ), Coralville

Sister Deanna Carr, Catholic, Dubuque

Sister Alice Caufield, Catholic, Dubuque

Pastor John Chaplin, United Church of Christ (UCC), Des Moines

Sister Dorothy Ann Chevalier, Roman Catholic, Johnston

Reverend Dick Clark, Christian, United Methodist, Urbandale

Reverend Kathleen Clark, United Methodist, Des Moines

The Rev. Mary Cole-Duvall, Episcopal, West Des Moines

Rev Paul Collier, Presbyterian Church (USA), Mason City

Sister Mary Donard Collins, Roman Catholic, Dubuque

Rev. Elizabeth Colton, United Church of Christ, Oskaloosa

Sister Margaret Mary Cosgrove, Catholic, Dubuque

Priest Karen Crawford, Episcopalian, Newton

Rev. Robert Crenshaw, Christian Church (DOC), Des Moines

Sister Mary Crimmin, Roman Catholic, Dubuque

Rev. McKinna Daugherty, Christian Church (Disciples of Christ), Altoona

The Rev Maureen Doherty, Episcopal, Waverly

Sister Pat Donahoe, Catholic, Dubuque

Father John Dorton, Catholic, Des Moines

Sister Catherine Dunn, Catholic, Dubuque

The Reverend Thomas Early, Episcopal, Spirit Lake

The Rt. Rev. Christopher Epting, The Episcopal Church, Coralville

Rev. Emily E. Ewing, The Evangelical Lutheran Church in America, Urbandale

The Rev Joan Farstad, Episcopal, Waverly

Sister of Charity BVM Mary Jean Ferry, Catholic, Dubuque

Reverend Timothy Fitzgerald, Roman Catholic, Altoona

Reverend Abraham L. Funchess, Jr., Christianity, Waterloo

Pastor Frederick Gaddy, African Methodist Episcopal, Des Moines

The Rev. Andrew Gangle, Lutheran, Des Moines

The Rev. Eileen Gebbie, United Church of Christ, Ames

Postulant and Seminarian Lizzie Gillman, Episcopal Diocese of Iowa, Des Moines

Sister of Charity of the Blessed Virgin Mary Theresa Gleeson, Catholic, Dubuque

Reverend Debbie Griffin, Christian Church Disciples of Christ, Des Moines

Pastoral Care Barbara Gross, Catholic, Des Moines

Father Ken Gross, Catholic, West Des Moines

Rev. Chester Guinn, United Methodist, Des Moines

Reverend Eric Guy, United Methodist, Des Moines

Sister Teri Hadro, BVM Roman Catholic, Dubuque

Sister Elaine Hagedorn, Catholic, Des Moines

Sister Marilyn Jean Hagedorn, Catholic, Des Moines

Rev Suzanne Hall Stout, Disciples of Christ, Des Moines

Retired Clergy Dale Hanaman, United Methodist, Rippey

Sister Brigid Mary Hart, Catholic, Dubugue

The Reverend Alice Haugen, Episcopalian, Durant

Sister C Jean Hayen, BVM Roman Catholic, Dubuque

Sister Anita Therese Hayes, Catholic, Dubuque

Sister Mary Healey, Roman Catholic, Dubuque

Sister Eileen Healy, Catholic, Dubuque

Sister Kate Hendel, Catholic, Dubuque

Rev. Susan Hendershot Guy, Christian Church (Disciples of Christ), Des Moines

Rev. Rich Hendricks, Metropolitan Community Churches, Davenport

Reverend Deborah Hill-Davis, Christian, Ames

Rev. Dr. Mark Holmer, Episcopal, Algona

The Rev. Raisin Horn, Episcopal, Davenport

Rev. Sheryl Hughes-Empke, Episcopal, Des Moines

Rev Carlos Jayne, United Methodist, Des Moines

Sister Virginia Jennings, Catholic, Dubuque

Reverend Jonna Jensen, United Church of Christ, Baldwin

Rev. Patricia Johnson, Episcopalian, Sioux City

Reverend Paul Johnson, United Church of Christ, Des Moines

The Reverend Wayne Kamm, Christian Episcopal, Mt. Pleasant

Rabbi Henry Karp, Reform Judaism, Davenport

Rev. Kirsten Klepfer, Presbyterian Church (U.S.A.), Grinnell

The Rev. Daniel Kuckuck, ELCA, Urbandale

Rev Carmen Lampe Zeitler, American Baptist, Des Moines

Rev. Martha Lang, Christian-Episcopalian, Muscatine

Deacon Angela Larson Christian, ELCA Lutheran, Des Moines

Postulant Jennifer Latham, Episcopal, Grinnell

Rev James Laurenzo, Catholic, Des Moines

Sister Kathryn Lawlor, Catholic, Dubuque

Reverend Kristine Leaman, Episcopal, Clermont

Sister Lynn Lester, Catholic, Dubuque

Sister Louise Levandowski, Catholic, Dubuque

Rev. Nathan Liedtke, ELCA (Lutheran), Norwalk

Sister Joanne Marie Lucid, Catholic, Dubuque

Father John Ludwig, Roman Catholic, Norwalk

Sister LaDonna Manternach, Catholic, Dubuque

Rev. Matthew Mardis-LeCroy, United Church of Christ, Des Moines

Pastor Sam Massey, Presbyterian Church USA, Iowa City

Sister Virginia MCaffrey, Catholic, Dubuque

Sister of Charity of the Blessed Virgin Mary Sara McAlpin, Catholic, Dubuque

The Reverend Jean McCarthy, Episcopal Church, Des Moines

Sister Mary McCauley, Catholic, Dubuque

Rev. Barbara McCaulley, Episcopal, Mason City

Rev. Kent McKusick, Unitarian Universalist, Ames

Sister Bernadette McManigal, Catholic, Dubuque

Rev. Russell J. A. Melby, Evangelical Lutheran Church in America, Ames

Rev. Richard Miller, PCUSA, Davenport

The Rev. Rachel Thorson Mithelman, ELCA, Des Moines

Reverend (Retired) Vernon Naffier, Lutheran (ELCA), Des Moines

Reverend Liane Nichols, Episcopalian, Cedar Falls

The Rev. Mary Jane Oakland, Episcopal, Ames

Reverend Patricia Adams Oberbillig, Christian Church (Disciples of Christ), Des 
Moines

The Rev. Christopher Olkiewicz, Evangelical Lutheran Church in America, Windsor 
Heights

Sister MaryThea O'Meara, Roman Catholic, Dubuque

Sister Julie O'Neill, BVM Roman Catholic, Dubuque

Sister Marcellla O'Rourke, BVM Catholic, Dubuque

Rev. Stephen Orr, Catholic, Ankeny

Pastor Paul Ostrem, Evangelical Lutheran Church in America, Iowa City

Reverend Lisa Parker, Lutheran - ELCA, Ankeny

Pastor Eric Pasanchin, Presbyterian Church (USA), Ankeny

The Rev. Douglas Peters, Christian (United Methodist), Iowa City

Reverend Jessica Petersen, United Church of Christ, Newton

The Rev. Suzanne Peterson, Episcopal, Des Moines

Father David Polich, Roman Catholic, Osceola

Sister Karen Pollard, Catholic, Dubuque

The Rev. Mary Pugh, Presbyterian - PCUSA, Blue Grass

Sister Regina Qualls, Roman Catholic, Dubuque

Sister Ann Quirk, Catholic, Dubuque

Pastoral Mininster Diane Rapozo, Roman Catholic, Dubuque

Rev Ruth Ratliff, Episcopal, Cedar Falls

Rev. Julia Rendon, United Church of Christ, Indianola

Sister Jacquely Rice, Catholic, Dubuque

Rev. Sarai Rice, Presbyterian Church (USA), Des Moines

Sister Sandra Rodemyer, Roman Catholic, Urbandale

The Reverend Martha Rogers, Episcopal, Marion

Rev. Dr. David Ruhe, United Church of Christ, Des Moines

Rev. Dr. Pamela Saturnia, Presbyterian Church (USA), Muscatine

Reverend Holly Scherff, Episcopal, Shenandoah

Rev. Pamela Schroeder, Evangelical Lutheran Church in America, Ankeny

Rev Michele Scott, U.C.C., Cedar Rapids

Reverend Juanita Scriven, Christian Church (Disciples of Christ), Des Moines

Rev. David Sickelka, United Church of Christ, Urbandale

The Reverend Jeanie Smith, Episcopal, West Des Moines

The Reverend Larry Sonner, United Methodist, Des Mones

Pastor Patricia Stalter, Christian Church (Disciples of Christ), Woodward

Reverend Gayle Strickler, Jr., United Church of Christ, Grinnell

Reverend Joseph Stutler, Humanist, ULC, Marion

Sister of Charity of the Blessed Virgin Mary Rosemary Surby, Catholic, Dubuque

Sisters of Charity of the Blessed Virgin Mary (BVM) Barbara Jean Tascher, BVM 
Roman Catholic, Dubuque

Rev. Cheryl Thomas, Christian and American Baptist, Des Moines

Reverend Alex Thornburg, Presbyterian, Clive

Postulant Zebulun Treloar, Episocopalian, Des Moines

Rev. Sarah Trone Garriott, Evangelical Lutheran Church in America, Windsor 
Heights

Reverend Erika Uthe, Evangelical Lutheran Church in America, Iowa City

Baljit Singh Virdi, Sikhism, West Des Moines

Reverend Meg Wagner, The Episcopal Church, Cedar Rapids

Rev. Benjamin Webb, Episcopalian, Des Moines

Sister Roberta White, Catholic, Dubuque

Pastor Nathan Willard, United Church of Christ, Ankeny

Sister Elizabeth Wirtz, Catholic, Dubuque

Sister Mary Janine Wolff, Catholic, Dubuque

Sister Mary Ellen Zimmermann, Catholic, Dubuque

(source: Des Moines Register)








SOUTH DAKOTA:

Offenders with mental illness wouldn't be subject to death penalty under S.D. 
bill



The death penalty wouldn't apply to those found to have suffered symptoms of 
mental illness at the time they committed a crime under a proposal advanced 
Wednesday in the Statehouse.

House Bill 1123's supporters, including former judges, social workers and faith 
groups, said current law doesn't specifically exempt from capital punishment 
those found to have struggled with mental health issues at the time of a crime.

Currently, those who don't meet certain measures of intelligence or 
understanding can be exempted from the penalty. But the same framework doesn't 
exist for those dealing with mental illness, said the bill's sponsor Rep. 
Timothy Johns, R-Lead.

"They may have known that what they did was wrong, but their delusional 
thinking may cause them to believe that they're impervious to punishment or 
that some greater force compels them to act because of their mental illness," 
Johns said.

Opponents from the attorney general's office and state's attorneys' association 
said the measure was unnecessary as the issue is working itself out in the 
courts. They argued that passing it could pose unintended consequences.

"We think this is a further roadblock that will be used by those who are 
currently sitting on death row," said Charles McGuigan, assistant attorney 
general. "These folks have nothing to lose. They will attempt to use this as a 
further delay in their process."

The House State Affairs Committee advanced the bill on a 9-4 vote Wednesday. It 
moves now to the House of Representatives for consideration.

(source: Argus Leader)








COLORADO:

Man accused of killing Adams County Deputy Heath Gumm faces murder, other 
charges



The man accused of shooting and killing Adams County sheriff's deputy Heath 
Gumm last week was formally charged Wednesday with 4 counts of 1st-degree 
murder and 3 other counts.

Dreion Martise Dearing, 22, was charged with the 4 varying counts of 1st-degree 
murder, 1 count of 1st-degree burglary, possession of a weapon by a previous 
offender, and 1 count of 3rd-degree assault.

The murder charges are: 1st-degree murder of a peace officer after 
deliberation; 1st-degree felony murder of a peace officer; 1st-degree murder 
after deliberation and 1st-degree felony murder.

The assault charge is the only misdemeanor count.

Dearing's mother and father were both in court Wednesday, as was Adams County 
Sheriff Michael McIntosh. Dearing nodded toward them when he walked into the 
courtroom, and looked their way again upon leaving.

"As the leader of the organization for which our deputy was killed, I think 
that it's important to represent the agency in that way," McIntosh said.

The judge ruled that Dearing will be held without bond until his preliminary 
hearing, which was tentatively set for April 18. There will be a motions 
hearing in the case on Feb. 21.

Dearing is accused of shooting and killing Gumm in an altercation in Thornton 
that followed Gumm and another deputy arriving on an assault call.

2 other people were interviewed in connection to the case, but were released by 
law enforcement authorities.

The funeral services for Gumm are scheduled for Friday in Lafayette. There will 
be a police funeral procession beforehand. The service will take place at 11 
a.m. at the Flatirons Community Church, located at 355 W. South Boulder Road in 
Lafayette.

(source: thedenverchannel.com)








UTAH:

Lawsuit: Appellate attorney says his free-speech rights were violated after he 
was fired for speaking out about funding issues in Utah death-penalty case



An appellate attorney is suing Weber County, saying county officials violated 
his free-speech rights when they terminated his contract for speaking publicly 
about a lack of funding in a death-penalty case.

County officials in November ended their contract with attorney Samuel Newton 
to handle appeals for indigient defendants, saying the attorney's comments in 
the media and to the courts had been "harmful to the county's reputation."

Newton made several comments about payment issues as he represented Douglas 
Lovell, a death-row inmate sentenced to be executed in 2015 for killing 
39-year-old Joyce Yost in 1985 to keep her from testifying that he had 
previously raped her.

The Montana-based attorney withdrew from Lovell's case over payment issues in 
September, and county officials later terminated a 2nd contract he had to 
handle the appeals of all other Weber County defendants who could not afford an 
attorney.

Newton on Wednesday filed a lawsuit in federal court, alleging county officials 
cut his contract in retaliation for his public comments. This action amounts to 
a violation of Newton's First Amendment right to free speech, his attorney, 
Karra Porter, wrote in the lawsuit.

"Newton is an independent contractor with no confidential relationship or 
duties of loyalty to the county and no role in the county's internal 
operations," Porter wrote in the lawsuit, adding that any "harm" to the 
county's reputation did not outweigh Newton's free-speech rights.

Newton has expressed concerns over payment both in court and in recent Salt 
Lake Tribune news articles, saying the dispute left him feeling like he "had to 
choose" between supporting his family financially and zealously representing 
his client. He also penned a commentary about how the capital punishment system 
is unfair to defendants and attorneys, which was published in The Tribune op-ed 
section.

County officials did not cite any specific statements leading to Newton's 
dismissal, but Commissioner James Harvey said in November that he felt Newton 
was spending too much time trying to create relationships with his clients in 
prison, when "all the state wants to know is if the appropriate decision has 
been made" in a conviction.

The lawsuit says that Newton's statements to the media were not made on the 
behalf of any defendant, and noted that the articles included statements from 
"a wide range of concerned citizens" who were not connected to Lovell's case. 
Any comments made after he withdrew from Lovell's case were done as a 
"concerned citizen," the lawsuit states, not as legal counsel.

Commissioner Harvey on Wednesday said he had not seen Newton???s lawsuit, and 
referred comment to county attorney Chris Allred.

Allred did not immediately respond to a request for comment.

(source: Salt Lake Tribune)