[Deathpenalty] death penalty news----MINN., ID., WASH.

[Rick Halperin]

Feb. 20



MINNESOTA:

Truth about Chounard hanging



After reading the article "The Old and the New," I felt compelled as historian 
of the Cass County Historical Society and co-author with Cecelia McKeig of 
"Murder and Mayhem," to set the record straight on this crime. We did extensive 
research on this crime and published our findings in this book which is for 
sale at the Cass County Museum. I even met Chounard's granddaughter who 
traveled here from Nova Scotia.

Although Otto Ringle states the photo may not have been taken in Walker, he 
continues to imply that it was. There are a few details that don't match up.

No. 1: The man is hanging from a tree, not a scaffold.

No. 2: The window in the peak of the building is not found in the original jail 
building and the roof-line is different.

No. 3: The crowd was not present at Chounard's hanging.

On January 26, 1904, after several days of drinking, William Chounard fatally 
shot and killed his wife in Cass Lake. The Grand Jury charged him with murder 
in the 1st degree. County Attorney Dan DeLury encouraged Chounard to plead 
guilty to this charge in exchange for life imprisonment. By doing so, there 
would not be a trial, but Chounard's attorney entered a not guilty by reason of 
insanity plea. Chounard was found guilty and taken to the Cass County jail 
where in 3 months he would be hanged.

The northern part of our state had obtained a most unsavory reputation for 
crimes that were committed there. Public sentiment agreed that the death 
penalty in these crimes would lessen their occurrence. Still, Chounard's sister 
presented a petition with 3,000 signatures to the Gov. Van Sant and the State 
Board of Pardons asking for a commutation of the death sentence to life 
imprisonment. 8 of the Cass County jurymen also signed that petition.

Chounard was hanged on Aug. 30 on a scaffold attached to the county jail. This 
was the 1st time justice was meted out in the northern tier of the state.

Those witnessing the hanging were Sheriff Hardy and Deputy Sheriff Riddell; 2 
priests; sheriffs from counties of Aitkin, Pope, Red Lake, Stearns, Hennepin, 
Norman, Marshall, Kittson, Beltrami, and Hubbard; Doctors Wilcox and Hardin; 
and Dan DeLury.

Chounard's family was not present and neither was the public invited nor any 
photos taken. Therefore, it would be a nice gesture if Benson's would take that 
photo off the bar once and for all. It is in such poor taste!

It was rumored that DeLury submitted his resignation the day of the hanging, 
but the County Commissioners pleaded with him to continue as County Attorney as 
there was another murder case awaiting trial. He retired from that position in 
1909, opened his law practice downtown and worked tirelessly on beautification 
projects for Walker, especially the rock garden.

Renee Geving

Cass County Historical Society historian

(source: walkermn.com)








IDAHO:

Prosecutor could seek death penalty for Hernandez



Bonneville County Prosecutor Daniel Clark has filed a notice to seek the death 
penalty in the case of Jameion Hernandez, the 21-year-old Idaho Falls man who 
reportedly killed a 62-year-old woman with a baseball bat.

The notice was filed Jan. 25. Clark said the notice does not mean the decision 
to seek the death penalty is guaranteed, but that he had to file the notice 
before February to keep the death penalty as an option.

"We filed it at this point in order to preserve it," Clark said.

Hernandez was arrested in June for the murder of Lisa Stukey. Bonneville County 
Sheriff's Office investigators determined through interviews with Hernandez and 
his friends and family that he held a grudge against Stukey for convincing his 
grandfather to disinherit his family before dying.

Hernandez told Sheriff's Office Detective Zebulon Graham that he broke into 
Stukey's house, but left when she startled him. He returned with a baseball bat 
and struck her in the head twice. Her body was found by friends 2 weeks later.

Clark said much of the evidence is still under review, including Stukey's body, 
which is still being investigated by the FBI. Because the evidence has not all 
been determined, Clark said the decision to seek the death penalty should not 
be considered final.

Defense Attorneys James Archibald and John Thomas are working on a mitigation 
package to argue the death penalty is not appropriate in Hernandez's case.

"We don't think it's a death penalty case, but we understand there's a time 
limit," Archibald said.

A pretrial conference is scheduled for 8:30 a.m. June 18, and a jury trial is 
scheduled to begin at 10 a.m. July 9.

(source: Post Register)








WASHINGTON:

O'Ban releases statement on death penalty abolishment bill



On Wednesday the state Senate passed Senate Bill 6052, which would abolish the 
death penalty in Washington. Prior to final passage, Sen. Steve O'Ban sought an 
amendment to allow the death penalty when a member of law enforcement is 
killed, deliberately, in the line of duty. It was argued that the scope of the 
amendment did not fit the title of the bill.

"We've lost over a half a dozen members of law enforcement in Pierce County in 
the line of duty," said O'Ban, R-University Place. "My amendment to preserve 
capital punishment for those who take their lives while protecting us should 
have been debated and voted on by the Senate. On such a fundamentally important 
issue, the people's representatives should be allowed to weigh in."

(source: The Suburban Times)