[Deathpenalty] death penalty news----TEXAS, FLA., LA., ARK., IOWA, UTAH

[Rick Halperin]

Jan. 18



TEXAS----impending execution

"Tourniquet Killer' set to be executed in Texas



A Houston-area sex offender who was convicted of killing a young woman and 
confessed to 3 more strangling deaths is set for lethal injection in Texas 
Thursday in what would be the 1st U.S. execution of 2018.

The Harris County District Attorney's office dubbed Anthony Allen Shore the 
"Tourniquet Killer" because of how he ended his victims' lives, using a stick 
to tightly twist a cord around their necks.

"Anthony Shore is the worst of the worst," Harris County District Attorney Kim 
Ogg said. "He's a serial killer. He took pleasure in his victims' suffering. 
He's appropriate for the death penalty."

Shore was condemned for the slaying of 21-year-old Maria del Carmen Estrada, 
who disappeared as she walked to work early on April 16, 1992. Her strangled 
body was later found dumped in the drive-thru lane of a Houston Dairy Queen.

The slaying went unsolved for more than a decade until a tiny particle 
collected from beneath her fingernail matched the DNA of Shore, by then a 
convicted sex offender whose DNA had been added to a state database. When 
police arrested Shore, the former tow truck driver, phone company repairman and 
part-time musician confessed to killing Estrada and 3 others: Laurie Tremblay, 
15, whose body was found beside a trash bin outside a Houston restaurant in 
1986; Diana Rebollar, 9, who was abducted while walking to a neighborhood 
grocery store in 1994; and Dana Sanchez, 16, who disappeared in 1995 while 
hitchhiking to her boyfriend's home in Houston. All were Hispanic. At least 3 
of them had been sexually assaulted.

A Harris County jury convicted Shore in 2004 of capital murder in the killing 
of Estrada. After hearing 4 days of prosecution evidence on the 3 other 
slayings and hearing from 3 women who testified Shore raped them, the jury 
recommended the death penalty.

Attorneys said Shore's appeals have been exhausted. The U.S. Supreme Court has 
refused to review his case.

"We've made the best arguments we can," attorney Knox Nunnally said Tuesday.

A bizarre scheme hatched by a fellow inmate temporarily halted Shore's 
execution, which had been set for Oct. 18.

Hours before he was to have been taken to the death chamber, prosecutors agreed 
to a reprieve to investigate a claim that another man convicted of murder, 
Larry Swearingen, had tried to get Shore to take responsibility for the killing 
that put Swearingen on death row. Shore, 55, told investigators he declined to 
go along with the plan.

Shore also told authorities in recent weeks that he was responsible for 2 other 
slayings, but a Texas Rangers' investigation determined evidence did not 
support his claims.

Shore is scheduled for execution Thursday evening in Huntsville, Texas.

23 prisoners were put to death nationally in 2017, 7 of them in Texas, more 
than any other state.

(source: Associated Press)

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

Executions under Greg Abbott, Jan. 21, 2015-present----27

Executions in Texas: Dec. 7, 1982----present-----545

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

28---------Jan. 18-----------------Anthony Shore----------546

29---------Jan. 30-----------------William Rayford--------547

30----------Feb. 1-----------------John Battaglia---------548

31----------Feb. 22----------------Thomas Whitaker--------549

32----------Mar. 27----------------Rosendo Rodriguez III--550

(sources: TDCJ & Rick Halperin)

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

Number of death sentences, executions continue decline----No death sentences 
handed down in Harris County in 2017



Texas, and specifically Harris County, have long been known as the epicenter of 
capital punishment in the United States. Over the last 20 years, 438 people 
have been executed in the state, according to the Texas Department of Criminal 
Justice. However, the number of yearly executions nationwide has dropped 
steeply since the turn of the century.

According to the Death Penalty Information Center, there were 98 executions in 
the United States in 1999. Last year, there were 23. During the same time in 
Texas, the number of executions dropped from 35 to 7.

"People are more reluctant to give out death sentences," said city of Houston 
victims rights advocate Andy Kahan.

He said there are several factors contributing to the trend. The most 
significant impact came in 2005, when juries were given the option to hand down 
a sentence of life in prison without the possibility of parole. Kahan said the 
effect on the death penalty was immediate.

"(Juries) feel as long as that person will remain behind bars for the rest of 
their life, they're not going to be so inclined to give out the death penalty," 
Kahan said.

Before the law, sentencing someone to life in prison for capital murder meant 
they still had a shot at getting paroled after serving 40 years in prison.

"(Juries) knew that if they did not come back with the death penalty, 
eventually that person might be released," Kahan said.

According to TDCJ, 1,067 criminals have been sentenced to life without parole 
since 2006. Harris County had the highest number at 266.

Not only is the number of executions dropping, the number of times prosecutors 
seek the death penalty is also going down. The Death Penalty Information Center 
shows nationwide in 1998 there were 295 death sentences handed down. In 2017, 
the number was 39.

In Harris County, not a single death sentence was handed down in 2017.

"Is what the person has done so heinous (that) it's really beyond forgiveness?" 
said Tom Berg, first assistant in the Harris County District Attorney's Office.

Berg said that is one of the main benchmarks when deciding whether prosecutors 
will seek the death penalty.

"We have to save death for the most heinous of cases," Berg said.

He added that another factor is whether a person constitutes a continuing 
threat to others, even in prison.

One example where the death penalty was taken off the table involves Deputy 
Darren Goforth's killer, Shannon Miles. Issues of Miles' mental competency and 
a troubled investigation led prosecutors to seek life without parole in 
exchange for a guilty plea.

Maytham Alsaedy was given life without parole for the murder, kidnapping and 
rape of Kella Bracken. Her family agreed with prosecutors' decision to seek the 
sentence in exchange for a guilty plea and the chance to avoid a painful trial. 
However, before pleading guilty, Alsaedy committed suicide in his jail cell.

Berg said another factor on potential jurors minds is the number of innocent 
people freed from death row or prison over the years due to mistakes, advances 
in science and newly discovered evidence.

"I think it becomes very difficult for a jury of 12 to agree to execute 
somebody," Berg said.

Berg said life without parole still leaves somewhat of an out if a mistake or 
new evidence is discovered years later. Plus, he said, many jurors see life 
without parole as a tough punishment.

"They realize that's not insignificant, that can be worse than death," Berg 
said.

Even with declining numbers, 5 executions are scheduled in Texas during the 1st 
3 months of the year. Anthony Allen Shore, the so-called "Tourniquet Killer," 
is scheduled to die by lethal injection Thursday.

(source: click2houston.com)








FLORIDA:

Documents to remain sealed in case against Seminole Heights killings suspect



A judge wanted to know whether search warrants related to the investigation of 
4 Seminole Heights murders need to be kept out of public view.

The answer, voiced in a court hearing Wednesday morning in the case against 
Howell Emanuel Donaldson III, was a resounding yes.

Assistant State Attorney Jay Pruner told Circuit Judge Mark Wolfe he was 
concerned about any documents in the Donaldson investigation being 
inadvertently made public. He wanted the documents visible to only the State 
Attorney's Office, law enforcement and the judge.

Public Defender Julianne Holt, whose office represents Donaldson, agreed.

The judge left in effect an order sealing the documents. He said if prosecutors 
want him to view any of the confidential materials, they should present him 
with actual paper documents rather than electronic copies to prevent any leaks.

Donaldson, 24, is charged with 4 counts of 1st-degree murder in the deaths of 
Benjamin Mitchell, 22; Monica Hoffa, 32; Anthony Naiboa, 20; and Ronald Felton, 
60.

The 4 were all shot to death over the course of 51 days in October and November 
on the streets of southeast Seminole Heights. The killings terrorized the 
neighborhood, spurred a police manhunt, and drew national media attention.

Donaldson was arrested Nov. 30 after he handed a bag containing a handgun to a 
fellow employee of a McDonald's restaurant in Ybor City. The gun, police 
determined, was the same one used to commit all 4 murders.

Authorities have remained tight-lipped about the investigation since then.

But in early December, prosecutors attempted to question Donaldson's parents, 
Howell Jr. and Rosita Donaldson, about their son's background, developmental 
history, and state of mind. The parents refused.

That prompted a judge to initiate civil contempt proceedings against them. If 
they continue to refuse to speak with prosecutors, the Donaldsons could face 
sanctions, including a fine or possible jail time.

Their attorney, Ralph Fernandez, attended Thursday's hearing, asking Judge 
Wolfe to conduct separate hearings for the son and the parents. The judge said 
Fernandez would have to make a formal request in writing.

The next hearing is set for Jan. 26.

The state has yet to announce whether they intend to seek the death penalty 
against Donaldson should he be convicted at trial.

State rules of criminal procedure give prosecutors 45 days from the date of 
arraignment to announce a decision about capital punishment. That deadline will 
be in early February.

(source: tampabay.com)








LOUISIANA:

U.S. Justices Sympathize With Death Row Inmate's Claim Against Lawyer



U.S. Supreme Court justices on Wednesday signaled sympathy toward a Louisiana 
death row inmate convicted of a 2008 triple murder who is seeking a new trial 
because his lawyer ignored his objections and told jurors the man had killed 
the victims.

Based on questions posed by liberal and conservative justices during the 1-hour 
argument, it appears likely the court will decide that Robert McCoy, 44, should 
receive a new trial. The ruling could be a narrow one, with justices concerned 
about a broad decision that would limit the ability of lawyers to make 
strategic decisions during trials.

McCoy was convicted of killing the mother, stepfather and son of his estranged 
wife Yolanda McCoy in Bossier City, Louisiana. All were shot in the head at 
close range.

Lawyer Larry English, hired by the defendant's parents, believed the evidence 
against his client was overwhelming and sought to negotiate a plea deal with 
prosecutors that would result in a life sentence. McCoy rejected that plan.

The legal question is whether McCoy's right to legal representation at trial 
under the U.S. Constitution's Sixth Amendment was violated. The Supreme Court's 
ruling, due by the end of June, will set a new precedent on whether a lawyer 
can concede a defendant's guilt over the client's stated objections.

Liberal Justice Sonia Sotomayor noted that lawyers must allow clients to have a 
say even if it does not help their case.

"People can walk themselves into jail. They can walk themselves, regrettably, 
into the gas chamber. But they have a right to tell their story," Sotomayor 
said.

'STEP BACK'

Liberal Justice Elena Kagan said the case showed a conflict between the 
lawyer's objective of wanting to avoid the death penalty for the defendant and 
the client's objective of not wanting to admit he killed his wife's family 
members.

"The question is when that happens, does the lawyer have to step back?" Kagan 
asked.

Conservative Justice Neil Gorsuch questioned whether a lawyer substituting his 
own goal for a client's could even be viewed as "assistance of counsel" under 
the Sixth Amendment.

"Can we even call it assistance of counsel? Is that what it is when a lawyer 
overrides that person's wishes?" Gorsuch said.

Although some justices appeared concerned about protecting a lawyer's right to 
make strategic decisions, liberal Ruth Bader Ginsburg indicated it would not be 
a hindrance to deciding the case because McCoy's objection was more profound.

"He wasn't talking about strategy at that time. He just said, 'I do not want to 
concede that I killed these people,'" Ginsburg said.

After McCoy was convicted of killing his estranged wife's mother Christine 
Young, stepfather Willie Young and son Gregory Colston, he obtained new lawyers 
and said he had been deprived of effective assistance of counsel at trial. This 
claim was rejected by the trial court and the Louisiana Supreme Court.

McCoy, arrested in Idaho days after the murders, has maintained his innocence, 
saying he was out of state at the time. When he was arrested, a gun tied to the 
murders was found in the 18-wheeler truck in which he was traveling.

By the time of the 2011 trial, the relationship between client and lawyer had 
broken down. English told the jury during his opening statement that his client 
had killed the 3 victims. He sought to argue that McCoy should be found guilty 
of 2nd-degree murder instead of the more serious 1st-degree murder on the 
grounds that his client did not have the intent to commit the crimes. In doing 
so, he hoped McCoy would avoid the death penalty.

(source: Reuters)







ARKANSAS:

Judge Barred From Execution Cases Says Lawsuit Should Stand



An Arkansas judge disqualified from handling execution cases after 
participating in an anti-death penalty demonstration says his lawsuit against 
the state's highest court should be allowed to move forward.

Attorneys for Pulaski County Circuit Judge Wendell Griffen asked a federal 
court Tuesday to deny motions by state Supreme Court justices to dismiss his 
lawsuit challenging his disqualification.

Justices in April barred Griffen from hearing execution cases after he was 
photographed lying down on a cot outside the governor's mansion the same day he 
blocked Arkansas from using a lethal injection drug over claims that the state 
misled a medical supply company. Griffen has said he was portraying Jesus and 
participating in a prayer vigil.

Griffen has argued the disqualification violated his constitutional rights and 
a state religious objections law.

(source: Associated Press)








IOWA:

Iowa doesn't need the death penalty



Iowa has not seen an execution since 1963. The death penalty was subsequently 
outlawed in 1965, but debate about bringing back the controversial means of 
capital punishment may take place in the Iowa Legislature's 2018 session.

Republican state senators have said they would seek to reinstate the death 
penalty for multiple offenses in which a minor is kidnapped, raped and murdered 
according to the Des Moines Register.

My question is why do we need the death penalty in Iowa? In 2016, Iowa's murder 
rate was 2.3 per 100,000 people which is less than 1/2 the national average of 
5.3 %, according to deathpenaltyinfo.org.

I think the question Iowans have to ask themselves is, does putting a person to 
death make society better? Hasn't society evolved since the Old Testament times 
of an eye for an eye? To quote Gandhi, "an eye for an eye makes the whole world 
blind."

I believe spending time in prison can change a convicted criminal. Those 
prisoners who have reformed their life can lead as an example for other 
prisoners.

>From an economic standpoint, death penalty costs in North Carolina were $2.16 
million per execution over the costs of sentencing murders to life 
imprisonment, according to deathpenaltyinfo.org.

Furthermore, there is no evidence the death penalty deters murder anymore than 
the threat of life in prison. The murder rate has actually fallen in New York, 
New Mexico, Illinois and Connecticut in the years after they repealed the death 
penalty, according to deathpenaltyinfo.org.

In a state like Iowa where crime is low, we do not need the death penalty. Iowa 
has a tradition of saying no to capital punishment which started with former 
Gov. Harold Hughes and I hope we continue the tradition into the future.

(source: Colin van Westen, Spencer Daily Reporter)



UTAH:

Prosecutors seek death penalty in fatal shooting of man in Utah woman's bed



Prosecutors in Iron County are seeking the death penalty for a man accused of 
shooting and killing a man who was in his ex-girlfriend's bed.

Mark Mair, 28, is charged with aggravated murder, a 1st-degree felony and a 
capital offense, in the death of 34-year-old Justin Hanna.

According to police, Mair went to the woman's Cedar City trailer home, 515 N. 
400 West, early on the morning of July 24, 2016, and pushed in a fan sitting in 
a bedroom window. Mair then leaned inside the window and opened fire on Hanna 
and the former girlfriend, who were on a bed together, charging documents 
state.

Hanna was shot 3 times and died from his injuries, according to the charges.

The former girlfriend, who was not injured, told police she had broken up with 
Mair a few days earlier.

Mair fled to Grand Junction, Colorado, where he was later arrested.

In addition to the aggravated murder charge, Mair is charged with aggravated 
burglary, a 1st-degree felony, and 7 counts of felony discharge of a firearm, a 
3rd-degree felony.

(source: KSL news)