[Deathpenalty] death penalty news----TEXAS, PENN., N.C., GA., FLA., ALA., OHIO, IND., KY.

[Rick Halperin]

June 15



TEXAS:

Ex-Doctor Charged In Rape, Murder Of Woman Who Died 30 Years Later



Prosecutors in Dallas say an ex-physician was charged in the death of a woman 
left incapacitated after being sexually assaulted and strangled in 1988.

Dallas County jail records show 56-year-old George Guo was being held Thursday 
on a capital murder charge with a $5 million bond.

The Dallas County District Attorney's Office says Guo was arrested Wednesday in 
Houston for the June 1988 attack on Dr. Katherine Bascone in Highland Park.

The attack left the 28-year-old unable to control her extremities, confined to 
bed, in need of rehabilitation and needing lifetime assistive/nursing care. She 
died in earlier this year.

Authorities say DNA testing was part of the investigation.

Guo, a registered sex offender, faces life in prison without the possibility of 
parole and is eligible for the death penalty.

He was convicted in 1991 for a home burglary in Highland Park where he broke 
into apartment of a 19-year-old SMU student and began to sexually assault her 
when the police were able to break down the door of the apartment and catch Guo 
in the act. A licensed medical doctor at the time, police found Guo is 
possession of a ski mask, military tear gas (mace), screwdrivers, a glass 
cutter, condoms, and multiple syringes filled with hospital grade sedatives.

In 1999, in Meadows Place, Texas, a suburb of Houston, Guo was caught breaking 
into the home where a juvenile female lived with the intent to commit sexual 
assault. He was convicted of burglary with intent to commit sexual assault and 
sentenced to 14 years in prison. He was released from prison in 2013.

(source: CBS News)

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

Guilty until proven innocent: 'The Last Defense' explores the story behind 
Darlie Routier's death penalty conviction



In 2008, Darlie Routier was granted the right to new DNA tests and there is 
still a chance, no matter how small, that she may escape the death row

'The Last Defense' premiered on ABC Television Network this past Tuesday with 
the investigative docu-series exploring the controversial death penalty cases 
of 2 of the country's most infamous criminals: Darlie Routier and Julius Jones. 
Executive produced by Viola Davis, Julius Tennon, and Andrew Wang, the series 
will 'explore and expose flaws in America's justice system' by delving into the 
cases and personal lives of the 2 inmates who, to this day, maintain their 
innocence.

Davis' rich voice introduces us to the cases explored in the show, stating that 
close to 3,000 prisoners are waiting on death row in the country. Out of these 
3,000, 5 are exonerated on the basis of new DNA evidence and other developments 
in investigative techniques. So, the question remains, how many more are 
wrongfully executed for crimes they did not commit? Is there a possibility that 
Routier and Jones are innocent? Episode 1 of the docu-series looks at the 
Routier case.

The murders:

June 6, 1996 - 2:31 am: A near-delirious 26-year-old Routier calls 911 from her 
home in 5801 Eagle Driver, Rowlett, Texas, and tells the operators that an 
intruder broke into her home, stabbed her and her 2 children - 6-year-old Devon 
and 5-year-old Damon - and made his escape. Despite the early hours of the 
morning, police were at the scene within 3 minutes of the call and, after a 
cursory search of the house and the grounds, they did not manage to locate an 
intruder.

She was sleeping in the den with the 2 boys while her husband, Darin Routier, 
was reportedly sleeping upstairs with the couple's 7-month-old son, Drake.

Devon was pronounced dead on the spot, with Routier and Damon sustaining 
significant wounds. The mother had been cut in the neck, shoulder, and arms 
while Damon had been stabbed through the chest. They were rushed to the Baylor 
Hospital, with Damon declared dead in the ambulance and Routier rushed into 
surgery. She was discharged from the hospital just 2 days later.

Lt David Nabors has worked for the Rowlett Police Department for over 30 years 
and was the head of the department's Criminal Investigations Divisions at the 
time. As such, he was put in charge of the murder case and was tasked with 
apprehending the assailant who Routier only described as 'a white man wearing 
dark clothes and a baseball cap.'

Talking about the night, Nabors said: "Initially, when I got there, Darlie met 
the police officer with a towel around her neck putting pressure on her neck. 
When he walked to the back, he saw the 6-year-old laying there face up, already 
deceased."

The hunt lasted a total of 13 days, at the end of which, the department came to 
the conclusion that the murders were an inside job. Darin was ruled out as a 
possible suspect and Routier was arrested in connection with the deaths of her 
2 children, much to the shock of her husband who proclaimed that she was 
innocent.

Because the horrific murders had taken place in a small, sleepy town such as 
Rowlett where everyone was close and Routier was well-known, support poured in 
immediately for the incarcerated mother. It was just not possible that such a 
caring, well-meaning woman could have committed such a heinous crime. Or was 
it?

Her version of events:

According to Routier's version of events, she had been sleeping on the couch 
when she felt one of her sons tersely push up against her. She woke up to see 
the intruder standing over her with a butcher's knife from the kitchen and he 
attacked her and her children. He then made his way through the kitchen - 
breaking a glass in the process - and into the utility room, before heading 
into the garage and making his escape through an open window.

Routier, in the voluntary statement, said she initially attempted to run after 
him and that she found the murder weapon lying down in the room and stopped. 
She then decided that her children would not survive if not tended to and 
proceeded to call 911. In the years past, she has corroborated the story 
numerous times, though investigators claim that there is little credibility to 
it.

The case against Routier:

During her trial - which was being prosecuted by Assistant District Attorney 
Greg Davis, with Toby Shook and Sherri Wallace assisting - the first point of 
contention was the 6-minute 911 call. Investigators say that instead of 
displaying concern for her wounded children, Routier told the operators she was 
worried about having touched the murder weapon and whether they would now be 
able to retrieve prints from them. She also mentions that her husband ran 
downstairs in response to her screams but fails to ask about her infant son.

Officers also testified that while the mother was screaming and upset, she did 
not seem to be in shock and was very alert to the happenings around her. One 
also said that when he instructed Routier to apply pressure to the stab wounds 
on Damon's back, she ignored him entirely.

There were also inconsistencies with her account of the events of the night, or 
so the prosecutors felt. While Routier said that he broke the glass on his way 
out, her blood was found underneath it, which could not have been possible if 
that were indeed the case. Furthermore, investigators did not find blood in the 
garage, and the window sills through which she said he had escaped still had 
layers of dust, indicating that they had not been disturbed.

Her claim that she had found the knife in the utility room did not seem to hold 
up either as there was no blood spatter to indicate that it had been dropped. A 
noticeable lack of blood on the couch where she said she was stabbed, apparent 
attempts to clean the countertop and sink before the police arrived were 
brought up against her in court as well.

The version of events where the assailant escaped from the garage by cutting 
his way through a fiber screen failed to stand up to scrutiny as well. During a 
sweep of the crime scene, the investigators confiscated all the kitchen knives 
and found that one had microscopic traces of the exact same fiber that had been 
used to slash the screen, indicating that she may have staged a fake escape.

However, it was possibly the 'expert' testimonies of crime scene consultant 
James Cron, her surgeon at Baylor Hospital, and blood spatter expert Tom Bevel 
that did the most damage. Cron, who had investigated hundreds of crime scenes 
at the point, testified that, according to his expertise, he felt that the 
crime scene had been staged.

Her surgeon stated that he felt her wounds were superficial and self-inflicted, 
and Bevel told the court that the cast-off blood found on the back of her 
blood-stained nightshirt indicated that she had raised the knife over her head 
as she withdrew it from each boy to stab again.

Because of the lack of motive, a confession, or witnesses, the prosecution 
worked tirelessly to portray Routier as a pampered, materialistic woman with 
substantial debt, plummeting credit ratings, and little money in the bank, who 
feared that her lavish lifestyle was about to come to an end. They pointed out 
to her extravagant spending and an entry in her personal diary in which she 
'asked for forgiveness for what she was about to do,' though it was the Silly 
String video that arguably turned the tide in their favor for good.

June 14 was supposed to be Devon's seventh birthday and Routier said that plans 
to celebrate the day were already in place before the murder.

On the day, a prayer service was held at the boys' joint-grave site and was 
attended by family and friends who brought along with them gifts, balloons, and 
trinkets to adorn the grave. Her sister, Dana, had arranged the day's 
festivities and brought cans of 'Silly String' which she and her sister sprayed 
with great aplomb.

The scene was caught on camera by the local media, and the video was 
subsequently used in the trial and played in front of the jury countless times. 
The prosecutors pointed out how such joy and frivolity from a mother who had 
just lost her children in a double homicide eight days prior was unbecoming and 
questioned her mental state at the time.

They heavily edited the video to show only the portion where Routier and her 
sister were spraying silly string on the gravesite and cut out the bits where 
the mother was shown in a somber mood at the prayer service. Their intention 
was to make the jury believe that she was a remorseless, uncaring mother whose 
actions were that of a guilty person. They succeeded.

The case for Routier:

Routier was initially assigned court-appointed attorney Doug Parks to defend 
her and because Darin was informed that their chances of a not-guilty verdict 
significantly decreased with the appointment, they went out of their way to 
hire one of the best criminal defense lawyers in the state: Doug Mulder.

Mulder and the defense team worked to show that the prosecution had built its 
case on nothing more than circumstantial evidence. They cross-examined the 
prosecution's points of contention, arguing that the 911 call could be 
explained because Routier was traumatized and distracted by the chaos in the 
home at the time and that she could not be held accountable for what she said 
or did at the time. They had a psychiatrist even testify that she was a victim 
of 'traumatic amnesia.'

Explaining away how her blood could have gotten 'underneath' the broken glass, 
they said that it was entirely plausible the crime scene had been disturbed by 
the constant hustle and bustle of paramedics and investigators who were at the 
home during the initial few hours. A restaging of the crime also proved that it 
was possible to escape without disturbing the layers of dust that had gathered 
on the windows.

The prosecution's argument that the knife could not have been found in the 
utility room because of a lack of blood spatter was far-fetched as well. A 
pattern would have been left behind only if the knife had been caked entirely 
in blood, with the more realistic possibility being that the blood had dried up 
in the time investigators got to the scene. Mulder similarly argued that the 
microscopic fibers on the butter knife were a result of human error, a scenario 
that is not beyond imagination in such exact sciences.

A piece of evidence that the prosecution was unable to logically explain was a 
sock found 75 yards away in an alley at the rear of the Routier home. It was 
discovered by an officer who was conducting a search of the alley and, upon 
examination, was found to contain a bloodstain the size of an 'elongated 
nickel.' The blood belonged to Devon and Demon.

The defense said that if the prosecution's allegation that Darlie had staged 
the crime scene were true, then it was implausible that she had run down the 
alley, planted the sock and then returned to the home without a single trace of 
her blood in the area. In his opening statement, her attorney sarcastically 
quipped: "Somehow, this doting mother turned psychotic killer, went and dipped, 
just ever so slightly, an amount of her children???s blood in that sock and 
then ran 75 yards down the alleyway, and planted it, while her husband is 
upstairs asleep."

The aforementioned 'expert' testimonies were systematically taken apart one by 
one too. Cron was found to have come to his conclusion that the scene had been 
staged on nothing more than a hunch. He admitted that he had taken all of 20 
minutes to decide that the murder was an inside job. Similarly, San Antonio 
chief medical examiner Vincent DiMaio testified that the wound to Routier's 
neck came within two millimeters of her carotid artery, which if breached, 
could have easily resulted in the mother bleeding out to death on the spot. He 
said the wounds were inconsistent with self-inflicted wounds he had come across 
in the past.

Mistakes were made:

On a similar note, Tom Bevel was later found to have significantly exaggerated 
and falsely testified in several of the cases he had been asked to provide an 
opinion on, including that of Routier's. Other experts in the field questioned 
his version of events and provided evidence which suggested that it was 
impossible for the specks of blood to get onto the back of her nightshirt 
unless the motions of stabbing were unrealistically aggrandized.

Bevel had also not written a report on his findings, which was ethically a big 
red flag, meaning it could not be revisited in the case of a retrial. When 
asked about this, Bevel confessed he had done so on the advice of the 
prosecutors. Unfortunately, none of this was brought up at the trial because 
Mulder had decided that he would not be needing these other experts' 
testimonies to refute the claims brought up the prosecution. It would prove to 
be a critical mistake.

Another crucial error of judgment came from Routier's 1st lawyer, Parks. Parks, 
rightly fearing that his client would not receive a fair trial in Dallas County 
due to the excessive media coverage, filed a motion to have it moved to 
Kerrville. This played right into the prosecution's hands because the town was 
located in one of the state's most conservative counties with a very high 
conviction rate. When Mulder succeeded Parks, he immediately filed a motion 
with the court to have the trial moved back to Dallas County, but Judge Tolle 
struck down the motion.

Davis' intention was clear-cut from the very beginning. During the jury 
selection, he had proclaimed: "That she will be sentenced to die, and at some 
day in the future, she will be executed. That is our goal in this case."

He was granted his wish. Upon the trial's conclusion, the judge asked how many 
of the jurors felt that Routier deserved the death penalty; all 11 raised their 
hands.

The case of Susan Smith:

There were suggestions that overzealous and biased coverage by the media played 
its role in Routier's conviction and these were not too far-fetched. In the 
build-up to her trial, parallels were constantly drawn between Routier and 
another mother who had, as it turns out, falsely claimed that she was not 
responsible for the deaths of her children: Susan Smith.

On October 25, 1994, Smith, a resident of South Carolina, reported to the 
police that her vehicle had been carjacked by a black man who drove away with 
her sons still inside. For the next 9 days, she made dramatic pleas on national 
television for their rescue and return. But on November 3, she confessed to 
letting the car roll into nearby John D Long Lake with the children inside, 
much to the anger of an entire nation.

The case was still fresh in the minds of jurors and residents of the county, 
who felt that Routier's case was just the Texas version of Smith's case. 
However, the parallels ended there. Smith was found to have grown up in an 
unstable home, attempted suicide as a 13-year-old and was molested when she was 
a teenager. She was also suffering from mental health issues and was diagnosed 
with dependent personality disorder and major depression. In contrast, Routier 
had no underlying issues whatsoever.

Present day:

Routier was convicted and sentenced to death by lethal injection for the murder 
of 5-year-old Damon on February 4, 1997. Now, more than 2 decades later, she 
still remains in prison awaiting justice and is currently 1 of just 6 women on 
death row in the state of Texas. To this day, she insists on her innocence.

There is still hope for her case. In 2002, one of the jurors, Charles Samford, 
in an affidavit tendered to Routier's appeal attorneys, stated, "The videotape 
was one of the main reasons I voted to convict Mrs Routier of murder because I 
didn't know what to make of her behavior."

He also said that, after the trial, they were shown a different video from 
Devon's birthday party, writing: "Had we been shown this other tape so that we 
had been able to see the whole picture of what happened that day, I believe I 
would not have voted to convict Mrs Routier."

In 2008, she was granted the right to new DNA tests and her appeals were 
remanded to the state level for improved DNA testing. Then, in 2014, Chief 
Judge of the Western District Fred Biery granted a request from prosecution and 
defense for her case for further DNA tests vital to the defense to be performed 
on a bloody fingerprint found in the house, a bloody sock and her nightshirt. 
There is still a chance, no matter how small, that she may escape the death 
row.

(source: meaww.com)








PENNSYLVANIA:

Lawyers in Duquesne death penalty case spar over 13 1/2-hour confession video



James Karr sat in the police interrogation room for more than 13 hours on Dec. 
30, 2014.

For 10 of those hours, he repeatedly told Allegheny County Police detectives 
questioning him about his estranged wife's killing that he didn't want to talk 
to them - that he wanted a lawyer.

It was only in the last hour of the interrogation that the Duquesne man 
admitted to binding Maureen Karr with floral wire, dousing her with vodka and 
setting their Friendship Street house on fire, authorities said.

In pre-trial motions for Mr. Karr's death penalty case underway this week, 
defense attorneys argued that the whole interrogation video should be 
suppressed since their client asked for a lawyer and the continued questioning 
violated his constitutional rights.

But a judge decided that the part of the recording where Mr. Karr actually 
confesses could be played at trial. She ruled that it was legally obtained when 
he resumed contact with the detectives by banging on the wall and asking them 
to come in to talk again.

Mr. Karr also signed a Miranda warning then, waiving his right to a lawyer.

On Tuesday and early Wednesday, prosecutors from the Allegheny County District 
Attorney's office played the portions of the video - a key piece of evidence - 
in which Mr. Karr admitted to the crimes.

But the defense, which originally wanted to block the video, now wants Common 
Pleas Judge Anthony M. Mariani, who is presiding over the case in a non-jury 
trial, to watch all 13 1/2 hours of it - including hours where Mr. Karr is in 
the interview room by himself sitting or with his head down. The defense is 
arguing that the lengthy video is crucial to determining whether their client's 
statement was truly voluntary.

"As the fact-finder, we want the court to experience the duration, the passage 
of time," argued defense attorney Christopher Patarini. "He appears to be 
experiencing difficulty. He appears to be emotionally distraught."

Judge Mariani, who said that watching silence on the screen is "not a 
productive use of judicial resources," at first ordered the parties to play 
only the relevant portions of the video and skip the down time.

However, defense attorney Lisa Middleman argued, "In a case where the 
commonwealth is seeking the ultimate penalty, the defendant should have every 
opportunity to demonstrate his statement was not voluntary."

Judge Mariani relented, at least for Wednesday morning, allowing the defense to 
start playing the interrogation from the beginning - at 6:19 a.m. - and said he 
will make a final determination on the issue after the attorneys file briefs on 
it when the case resumes Monday morning.

Mr. Karr is accused of killing his 56-year-old wife early Dec. 30, 2014. They 
appeared in court the day before for a hearing on a protection-from-abuse order 
she had obtained against him, but the hearing was continued until Jan. 7.

In the portion of the video played by the prosecution beginning at 4:49 p.m., 
Mr. Karr repeatedly tells detectives that he can't remember what happened.

"Were you upset?" Detective Timothy Langan asks.

"I don't know. I wish I could remember," Mr. Karr answered.

"We don't pass any kind of judgment. We try to determine the facts as best we 
can," the detective said.

The conversation continued like that for about an hour when Detective Langan 
was replaced by Detective Steve Hitchings.

He begins his questioning at 6:33 p.m., trying to impart to Mr. Karr that 
whatever he did, the detectives have seen similar cases over their many years 
working in the homicide unit.

"We've been dealing with this a long time," Detective Hitchings said. "Your 
wife didn't cause trouble for anyone but you. Same with his wife. Same with my 
wife. Same with every other guy in America.

"I mean, you think my wife [expletive] don't want to kill me half the 
[expletive] time?"

Mr. Karr admitted to the detective that he'd been smoking crack cocaine for 
about 5 years, and that he'd done so the day before.

After several minutes of Detective Hitchings wondering if Ms. Karr's death 
could have been accidental and the fire set just to cover it up, Mr. Karr 
admitted that he went to her house that night, entering through the back door.

He said she went at him with an ax.

"I pushed her. She hit right against - in the kitchen there was a doorway. And 
she wasn't moving. She wasn't moving. She wasn't breathing. I tried bringing 
her back, but she was gone," Mr. Karr said in the recording. "So I guess I did 
do it."

(source: Pittsburgh Post-Gazette)








NORTH CAROLINA:

Suspect in Durham grandmother's death told police he wanted the death penalty



A Durham man accused of fatally stabbing a woman he was romantically involved 
with told investigators that he hoped he would receive the death penalty.

Recently released court documents shed new light on the investigation into the 
Jan. 30 death of Alicia Elder, an alumn of N.C. Central University and 
grandmother of 3.

2 days after her death, police charged Michael Anthony Person, 55, with 
1st-degree murder.

Durham police responded to a 911 call at about 9 p.m. on Jan. 30 at Hillside 
Park on Roxboro Street. Elder had sustained multiple stab wounds to her back, 
neck and head, according to a search warrant.

"The victim was lying in a large pool of blood," police investigator T.S. 
Huelsman wrote in a search warrant.

Elder was found near a 2016 Dodge Journey SE, and investigators found "a large 
amount of blood" in the front passenger side of the vehicle.

Officers tracked a trail of blood away from the scene to a separate parking 
lot, warrants say.

"This blood trail is believed to belong to a suspect," Huelsman wrote. "From my 
training and experience the suspect is likely to cut themselves during an 
aggravated stabbing."

Elder's family told detectives about her romance with Person. The day after 
Elder died, detectives found Person at his mother's house on Roxboro Street, 
next to Hillside Park.

Person had "a freshly bandaged right hand," the warrant says.

During questioning at the police station, Person said he did not want to talk 
until he had a law, the warrant says.

But, the warrant says, Person "stated that he wanted to get the death penalty."

(source: heraldsun.com)








GEORGIA:

Georgia inmate admitted killing guards in recorded interview



1 of 2 Georgia inmates accused of killing 2 guards last year admitted in a 
recorded interview that he shot the guards.

The Atlanta Journal-Constitution reports that the recording of Ricky Dubose 
being interviewed by law enforcement after his arrest was played in court 
Wednesday.

Dubose and Donnie Rowe are accused of shooting Sgt. Christopher Monica and Sgt. 
Curtis Billue with the guards' guns while escaping from a prison transfer bus 
southeast of Atlanta last June. They were arrested in Tennessee a few days 
later.

Both men face the death penalty.

The newspaper reports that Dubose told authorities the escape wasn't planned, 
but that he seized an opportunity. He also said Rowe didn't want to kill 
anyone.

Dubose's attorneys are asking a judge not to allow the video confession at 
trial.

(source: WRBL news)

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

State still intends to seek death penalty in 2017 Albany murder case



The judge in a Dougherty County death penalty case questioned the defendant's 
mental competency on Wednesday.

Defense attorneys said they will examine his competency but on their own terms.

Jesse Brown Junior is charged for the January 2017 double murder of an Albany 
woman and her grandmother.

The state confirmed on Wednesday that they still intend to seek the death 
penalty for Brown.

Prosecutors and defense attorneys discussed in the courtroom how they will 
proceed with the case.

Wednesday was the unified appeal procedure, a procedure made by the Georgia 
Supreme Court for cases to follow when they are seeking the death penalty.

This procedure makes sure everyone involved understands how to move forward and 
explains the legal proceedings so when the case does go to trial, there are no 
delays.

The defense also said it is challenging the master grand jury list that was 
used to indict Brown back in October of 2017.

The next step in the case will be a formal arraignment where Brown will have 
the opportunity to plead guilty or not guilty.

That date has not been set yet.

(source: WALB news)






FLORIDA:

Florida Supreme Court targets juror's anti-gay bias in death penalty case



The Florida Supreme Court on Thursday ordered resentencing for a death row 
inmate convicted of a 2005 murder in Broward County and said a separate hearing 
should be held to delve into anti-gay statements made by a juror.

Justices ordered a new sentencing hearing for inmate Eric Kurt Patrick because 
the jury split 7-5 in recommending the death penalty to a judge. On that issue, 
Thursday's ruling was similar to numerous other cases in which justices have 
ordered resentencing based on a 2016 U.S. Supreme Court decision that found 
Florida's death penalty sentencing system unconstitutional.

But justices also agreed that Patrick should receive an evidentiary hearing 
related to anti-gay statements made during jury selection by a man who ended up 
serving on the jury. Patrick's current lawyers argued in a Supreme Court brief 
that his trial attorney did not properly seek to block the man from serving on 
the jury and that a new trial should result.

The Supreme Court opinion said the juror acknowledged he would have a bias if 
he knew a criminal defendant was gay.

"When asked if he would still hold the prosecutor to the proper burden of 
proof, he answered, 'Put it this way, if I felt the person was a homosexual, I 
personally believe that person is morally depraved enough that he might lie, 
might steal, might kill,'" the Supreme Court opinion said. "The juror said 
'yes' when asked if this bias might affect his deliberations."

Patrick, now 55, was convicted in the September 2005 murder of Steven 
Schumacher after the men met at a park and went to Schumacher's home. Patrick, 
who was homeless at the time, gave Schumacher a massage and the men were naked 
in bed when Patrick began beating the victim, according to a summary of the 
case included in the Supreme Court opinion. Patrick said Schumacher wanted to 
have anal sex but that Patrick refused - a situation that ultimately led to the 
fatal beating.

The Supreme Court opinion said Patrick denied being gay but that he had engaged 
in sexual activity with other men. Regardless, the Supreme Court pointed to 
potential bias in the statements made during the jury selection process known 
as voir dire.

"Applying this evidence to the juror's voir dire answers establishes that, by 
the juror's own acknowledgement on the record, he was predisposed to believe 
that Patrick is morally depraved enough to have committed the charged 
offenses," the opinion said. "Although Patrick does not identify as homosexual 
and indicated in his confession that his sexual activity with men was for 
material support rather than personal fulfillment, these points do not 
eliminate the bias that this juror said he would feel based on the evidence 
that trial counsel and the trial court knew the jury would hear during trial."

The opinion said prosecutors contended that Patrick's trial attorney did not 
block the juror for strategic reasons. But the Supreme Court said it can 
"neither ignore the possibility that counsel's failure to challenge this juror 
was strategic nor conclude that it was." As a result, justices unanimously 
ordered a lower court to hold an evidentiary hearing.

The Supreme Court also ruled 5-2, with justices Charles Canady and Ricky 
Polston dissenting, that Patrick should receive a new sentencing hearing as an 
outgrowth of the 2016 U.S. Supreme Court decision.

That U.S. Supreme Court decision found Florida's death penalty sentencing 
system unconstitutional because it gave too much authority to judges, instead 
of juries. A subsequent Florida Supreme Court ruling said juries must 
unanimously agree on critical findings before judges can impose death sentences 
and must unanimously recommend the death penalty.

The Florida court Thursday applied that to Patrick's case, pointing to the 
jury's 7-5 jury recommendation for the death penalty. After the court rulings, 
state lawmakers changed the death penalty sentencing system to address the 
unanimity issue.

(source: Herald-Tribune)

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

Death Row Inmate Wins Hearing Due to Juror Comments



A Florida man sentenced to death for hog-tying and bludgeoning a man is getting 
a chance to challenge his conviction because a juror said gay people are 
"morally depraved."

The Florida Supreme Court on Thursday ordered 2 new hearings for 55-year-old 
Eric Kurt Patrick. Patrick was convicted in 2009 of beating Steven Schumacher 
to death. He told authorities that Schumacher attempted to have sex with him.

The court ruled that Patrick deserved a new hearing on his death sentence 
because a jury did not unanimously recommend the death penalty.

But justices also said a lower court should hold a new evidentiary hearing 
because Patrick's attorney did not challenge a juror who said that if a person 
was gay, then they might be "morally depraved" enough to lie, steal and kill.

(source: The Associated Press)

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

Brooksville man found guilty of killing girlfriend, others in 2014



A Hernando County court convicted George Mason III Wednesday of 3 2014 murders 
that investigators called one of the most horrific shooting rampages in 
Brooksville history.

Mason, 46, was found guilty by a jury of 3 counts of 1st-degree murder and 1 of 
attempted 1st-degree murder, court records show. He is set to appear again in 
court Monday, when jurors will consider the death penalty.

On the night of Aug. 29, 2014, police said Mason shot 4 people at a small, 
cream-colored house at 820 Peach St. - home to his half-brother, Gabriel "Bo" 
Taylor, their mother Tracy Taylor and their 81-year-old grandmother, Jannie V. 
Taylor.

3 people died: Tarasha Yata Townsend, Mason's 37-year-old girlfriend and mother 
of his 2 daughters; his grandmother; and Ralph Peyton, another son of his 
mother's. Gabriel Taylor, 33, was critically wounded.

At the time, police said they weren't aware of a motive. Mason was "just 
hellbent on a violent outrage," said Brooksville Police Chief George Turner.

After the killings, investigators said, Mason chased Gabriel Taylor to the 
corner of Main Street and Martin Luther King Jr. Boulevard, where he shot him 
multiple times with a 9mm handgun. Then a passing pickup hit Mason, who ended 
up in the hospital with several broken bones before he was charged.

Records show Mason's criminal history goes back to 1991. Between 1992 and 2007, 
he served 4 terms in state prison for cocaine and marijuana sales and 
possession, battery on a law enforcement officer, fleeing law enforcement and 
felon possession of a firearm, among other crimes, Florida records show.

(source: tbo.com)








ALABAMA:

Capital murder suspect denied youthful offender status



A capital murder suspect was looking to make a deal today. 20-year-old Harold 
Wallace, Jr. accused of shooting and killing innocent bystander Tamara White 
was in court requesting "youthful offender" status. -- A scenario where Wallace 
could have escaped a possible death penalty.

Cuffed and shackled -- 20-year-old Harold Wallace, Jr. made his way into court 
Thursday afternoon. He's charged with capital murder in the death of 
22-year-old Tamara White in March of 2017.

By all accounts, the single mother was in the wrong place at the wrong time 
when she was hit by a bullet while waiting in the parking lot of the Springhill 
McDonald's. Judge John Lockett heard the case and denied Wallace's request for 
"youthful offender" status.

"We are all as Tamara's family pleased with Judge Lockett not to award youthful 
offender status," said Tammy White, Tamara's mother.

After the request was denied, Wallace pleaded not guilty to capital murder. 
While Tamara's family is relieved her suspected killer won't get the easy way 
out, they're still mourning her loss as they navigate their way through the 
legal system.

"Tamara is truly missed. She was a great mom, great sister, daughter. 
Everything. So she's missed," said White.

The Mobile County District Attorney's Office is ready to prosecute and is also 
pleased the request was denied.

"It was certainly emotional for them and it's always emotional to be in that 
same courtroom and in the same room with the defendant and person who took 
their loved one's life. So it was an emotional day for them, but they are 
pleased with youthful offender status being denied," said Jennifer Wright, 
Mobile County Assistant District Attorney.

All parties are set to meet on July 25th and decide on how to move closer to a 
trial date.

(source: WALA news)

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

Man's death penalty trial set for 2019 in Huntsville strangling deaths of wife, 
young son



A death penalty trial is scheduled early next year for a south Huntsville man 
pursuing an insanity defense in the strangling deaths of his wife and 
7-year-old son.

Stephen Marc Stone is charged with capital murder in the February 2013 
killings. Prosecutors are seeking the death penalty if he's convicted.

Stone, 38, was 1 of 5 capital murder suspects who had hearings in Madison 
County Circuit Judge Donna Pate's courtroom this afternoon. Pate scheduled the 
trial for Jan. 28.

Stone was just recently released from treatment at the Alabama Department of 
Mental Health. Pate in May 2017 ruled Stone was incompetent to stand trial. She 
ordered he be treated to regain competency. The judge hasn't held a rehearing 
on his competency since he was released from treatment.

The bodies of 7-year-old Zachary Stone and 32-year-old Krista Stone were found 
at the family's Chicamauga Trail home in south Huntsville on Feb. 24, 2013. 
Stephen Stone has been in custody without bail since that day.

Stone is represented by appointed attorneys Brian Clark and Larry Marsili. 
Madison County District Attorney Rob Broussard and Chief Trial Attorney Tim 
Gann are prosecuting.

3 other capital murder suspects received trial dates in unrelated cases during 
this afternoon's hearings in Judge Pate's courtroom:

Jason Loveday is tentatively scheduled for trial Oct. 29, 2018. Prosecutors 
haven't yet said whether they'll seek the death penalty. Loveday is accused of 
decapitating his aunt and fatally beating her boyfriend.

Keon Jackson is tentatively set for trial Oct. 29. Prosecutors aren't planning 
to seek the death penalty. Jackson is charged in the fatal shooting of his 
brother-in-law, whose body was found in a burning house.

Jebree King's trial is set for Nov. 26. He's charged in the 2014 shooting death 
of Lawrence Alan Williams Jr.

(source: al.com)

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

Alabama prison system sees steep rise in suicides



The SPLC argued in federal court today that Alabama's mistreatment of prisoners 
with mental illness has led to a dramatic increase in suicides.

Since the beginning of 2018, 4 people in ADOC custody - 3 in solitary 
confinement and 1 on death row - have died by suicide. The suicide rate in 
Alabama prisons is one of the highest in the country.

In June 2017, U.S. District Judge Myron H. Thompson declared the mental health 
system in Alabama prisons "horrendously inadequate," an unconstitutional 
failure that led to what Thompson called a "skyrocketing suicide rate" among 
prisoners.

Thompson's ruling followed a 2-month trial in the SPLC's lawsuit against the 
Alabama Department of Corrections (ADOC). Today's hearing was about ADOC's 
routine use of segregation - solitary confinement - for prisoners with mental 
illness.

"As far as we can tell, the state has done very little beyond promising to 
improve conditions in Alabama prisons," said Maria Morris, senior supervising 
attorney for the SPLC. "We continue to see the mentally ill kept in extreme 
isolation, and this is driving a steep rise in suicides.

"Even more disturbing, the suicide rate has dramatically increased since we 
filed this lawsuit in 2014. ADOC has been ordered to increase mental health and 
correctional officer staffing, and, hopefully, will do so over the coming 
years. However, the level of correctional staffing has fallen significantly 
since the start of the lawsuit. Last summer, as the situation become 
increasingly dire, the state stopped publicly reporting its staffing levels. 
ADOC has refused to provide information about its mental health staffing 
levels, but the information we've received suggests that it has fallen this 
year.

"It's sickening to witness people - many of whom have mental illnesses - endure 
so much suffering while the state stalls and makes excuses. Incredibly, at the 
same time more people under its care are taking their lives, ADOC is asking the 
court and the people of this state to trust it to provide the care the U.S. 
Constitution requires.

"For well over a year, ADOC has ignored the urgent need to protect people with 
serious mental illnesses from the detrimental effects of extreme isolation. 
Segregation can be deadly, especially for those who are already struggling, and 
the recent rise in prison suicides highlights this tragic reality."

In 2016, the plaintiffs settled the first phase of the lawsuit regarding 
violations of the Americans with Disabilities Act. In that settlement, ADOC 
committed to providing services and fair treatment to incarcerated people with 
disabilities.

The 3rd phase of the lawsuit will determine whether the prison system's poor 
medical and dental services violate the Eighth Amendment's ban on cruel and 
unusual punishment. Trial dates for those claims have not been set.

The Alabama Disabilities Advocacy Program and the law firms Baker Donelson, and 
Zarzaur Mujumdar & Debrosse filed the lawsuit against ADOC in conjunction with 
the SPLC.

(source: Southern Poverty Law Center)








OHIO:

Juror tells Ohio Parole Board he regrets death sentence



A former juror on a death penalty trial said Thursday that he was "frankly 
upset" to read information last year about the terrible childhood of the man he 
and 11 other jurors recommended be executed 2 decades ago.

The upbringing of killer Raymond Tibbetts was presented as a debate between his 
attorneys, who said his background was terrible, and prosecutors, who said it 
wasn't that bad, ex-juror Ross Geiger told the Ohio Parole Board.

Thus, Geiger said he was surprised when he came across information presented to 
the board last year that documented horrific facts about Tibbetts' early years, 
but which jurors never heard.

"It was like just a different story," Geiger said at the beginning of an 
86-minute appearance before the board in a rare follow-up clemency hearing.

When Tibbetts was a boy, he and his brothers were tied to a single bed at 
night, were not fed properly, were thrown down stairs, had their fingers beaten 
with spatulas and were burned on heating registers, according to Tibbetts' 
application for mercy last year.

The only hints of Tibbetts' childhood at trial came from the lone witness who 
was called to talk about factors that might go against a death sentence, Geiger 
said. The witness was a psychiatrist who spoke briefly to members of Tibbetts' 
family.

"I was just struck and frankly upset that information that was available was 
not even addressed, other than in very summary fashion," Geiger said.

Tibbetts, 61, is set to die in October for killing Fred Hicks at Hicks' 
Cincinnati home in 1997.

In addition to the death sentence for killing Hicks, Tibbetts also received 
life imprisonment for fatally beating and stabbing his wife, 42-year-old Judith 
Crawford, during an argument that same day over Tibbetts' crack cocaine habit. 
The 67-year-old Hicks had hired Crawford as a caretaker and allowed the couple 
to stay with him.

The parole board voted 11-1 last year against mercy for Tibbetts. Republican 
Gov. John Kasich then delayed Tibbetts' execution after receiving a letter from 
Geiger saying he believed he and other jurors were misled about the "truly 
terrible conditions" of Tibbetts' upbringing.

Geiger acknowledged that during deliberations, jurors had access to a full 
report from the county human services department containing some of the worst 
details about Tibbetts' childhood.

Several board members asked Geiger why jurors didn't rely on that more.

Geiger acknowledged they could have, but also said they were inundated with 
material. He also likened the situation to students receiving a textbook from a 
teacher who didn't bother to explain what was in it.

"Is it too much to ask for a juror to rely on attorneys to provide the 
information that was available?" he said, referring to what he thought he 
should have heard during trial testimony.

Geiger said he isn't anti-death penalty now, but takes a more nuanced view of 
the issue. He said there was never any question about Tibbetts' guilt.

Hamilton County prosecutors have previously argued that Tibbetts' background 
does not outweigh his crimes. That includes stabbing Crawford after he had 
already beaten her to death, and then repeatedly stabbing Hicks, a "sick, 
defenseless, hearing-impaired man in whose home Tibbetts lived," they told the 
parole board.

The board planned to issue its ruling June 22.

(source: cleveland.com)








INDIANA:

Man charged with killing Deputy Pickett seeks change of venue



The man charged with murder in the fatal shooting of a central Indiana 
sheriff's deputy wants his trial moved.

Attorneys for 21-year-old Anthony Baumgardt of Lebanon have filed for a change 
of venue from Boone County. Baumgardt is charged in the March 2 shooting of 
Jacob Pickett, who was chasing of Baumgardt with his police dog. The 
34-year-old Boone County deputy died 3 days later.

The motion was filed June 7. Prosecutors have 10 days to respond to it.

Prosecutors are seeking the death penalty in the case. A trial date has not 
been set.

(source: Associated Press)








KENTUCKY:

Kentucky Supreme Court rules death penalty IQ law is unconstitutional



The Kentucky Supreme Court ruled Thursday that the state's practice for 
determining if someone is intellectually disabled and not eligible to receive 
the death penalty is "unconstitutional" and has established new guidelines.

The order changing Kentucky's rules on capital punishment came in the case of 
Robert Keith Woodall, who was sentenced to death for raping and killing a 
16-year-old girl in Greenville 2 decades ago.

The high court ordered a lower court to hold a hearing to determine if Woodall 
is intellectually disabled, preventing him from being executed.

It is unconstitutional to sentence a mentally disabled person to death - which 
has been defined in Kentucky as someone with an IQ below 70.

However, Kentucky's high court ruled a person cannot be found intellectually 
disabled simply because they have an IQ of 71 or above. Instead, the justices 
determined defendants must undergo a "totality of the circumstances test," 
including whether they have the ability to learn basic skills and adjust their 
behavior to circumstances, among other guidelines.

Those standards are in line with guidelines established by the U.S. Supreme 
Court that take other factors into account, according to the ruling. The 
federal court, for example, bars states from using a single, strict IQ standard 
to determine a prisoner's death penalty status.

In its ruling, the Kentucky high court found the state's current law to be "an 
outdated test for ascertaining intellectually disability."

Kentucky was one of only a few states still using the fixed score cutoff to 
determine mental disability.

Justice Sam Wright disagreed with the other high court judges that Kentucky's 
current law is unconstitutional, arguing that judges already must hold a 
hearing to determine beyond a reasonable doubt that a person is eligible for 
the death penalty.

Woodall pleaded guilty to kidnapping Sarah Hansen on Jan. 25, 1997, from a 
convenience store in western Kentucky, according to a story by the Associated 
Press. Woodall acknowledged that he raped the girl and slit her throat twice 
before throwing her in a lake. DNA evidence, fingerprints and footprints led to 
Woodall.

A jury sentenced Woodall to death, but a psychiatrist has since testified he 
was "intellectually disabled," according to the ruling. The case has been sent 
back to Caldwell Circuit Court.

(source: WDRB news)

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

Trial begins in murder case of Marine killed outside Lexington bar



The trial is underway for 2 people accused of murdering a Marine outside of 
Lexington bar.

Quincinio Canada and Dawan Mulazim are accused of killing Jonathan Price and 
injuring his wife, Megan, in the June 2014 shooting.

The couple was celebrating Megan's birthday at Austin City Saloon. 
Investigators said the couple was talking outside of the bar on Woodhill Drive 
when they were approached by 2 men. Police said 1 man attempted to snatch a 
purse from Megan, and when her husband intervened, a short fight broke out.

Investigators say Jonathan was shot in the back, and Megan was shot in the leg.

4 years after the shooting, the trial is now underway following a weeks-long 
jury selection. Both suspects could face the death penalty.

The Commonwealth started with opening statements showing Price and his wife, 
stating the Marine "didn't die in combat like his brothers and sisters." The 
jury would listen to the 911 call Megan made after suffering a gunshot wound to 
the leg. Prosecutors say the pair only stole $60 after the deadly shooting.

Mulazim's attorney would follow up with her opening statements, saying police 
"assumed" their suspects were Canada and Mulazim while disregarding evidence. 
One example the attorney is pointing to is DNA taken from under Jonathan 
Price's fingernails excludes both suspects. The defense is also arguing police 
photoshopped a face tattoo out of a picture of Canada which was used in a 
lineup.

The prosecution's 1st witness was paramedic Shane Hansford. He had a handgun 
stolen during a Lexington hotel robbery 6 days before the deadly shooting. 
Prosecutors are tying the stolen weapon to the Price's murder.

Hansford's wife was the 2nd witness. She said she did not identify the suspects 
because she could not make a positive identification with complete certainty. 
The prosecutors' 3rd witness, Mitchell Smith, was with the couple during the 
robbery.

Wednesday's testimony concluded with prosecutors calling a Lexington police 
officer who responded to the robbery.

(source: WKYT news)