[Deathpenalty] death penalty news----MO., KAN., UTAH, CALIF., USA

[Rick Halperin]

June 26



MISSOURI:

At sentencing, attorneys paint different pictures of convicted murder



The sentencing phase of the Jeffrey Nichols murder trial continued Monday, with 
the prosecution attempting to convince jurors that Nichols should receive the 
death penalty for his role in the 2013 murder of an elderly Moberly woman. The 
defense argued Nichols came from a troubled childhood and is leaning on medical 
experts who say Nichols' brain functions may have prevented him from 
controlling his impulses.

Nichols was found guilty last week of 1st-degree murder in the death of 
92-year-old Carmelita Kaser, and since Friday jurors have been weighing 
punishment: either life in prison without a possibility of parole or probation, 
or death.

During the opening statements of the sentencing phase, Assistant Attorney 
General Kevin Zoellner and the rest of the prosecution emphasized Nichols' 
violent nature by calling several witnesses who had been in contact with 
Nichols while he was in holding for the trial, along with one of Kaser's family 
members.

Assistant Public Defender David Kenyon asked the jury to show mercy to Nichols 
by giving him a life sentence. He claimed that, while it was no excuse for the 
murder, Nichols' troubled childhood was what led him down the wrong path. The 
defense also brought in professional psychologists and neuroscientists who have 
analyzed Nichols to explain to the jury how Nichols' brain functionality is not 
normal and effects his ability to reason in stressful situations.

The prosecution first called Phyllis Self, Kaser's daughter, to the stand. Self 
told the jury that her mother had three wishes as she got into her later years: 
to avoid being put in a nursing home, to die in her sleep and to die in no 
pain. She said that since her mother's murder she has never felt completely 
safe and even had outside lighting and blinds installed in her house.

The prosecution also called on Kevin Coates, a sergeant with the Marion County 
Sheriff's Department and administrator for the county jail. Coates recounted an 
incident where Nichols was in holding and assaulted another inmate. The 
prosecution showed jurors video footage of Nichols beating another inmate 
before guards detained him. Coates mentioned that Nichols didn't like the 
particular inmate and had warned Coates that the assault would happen if they 
were placed in the same cell block.

The defense called witnesses to testify about Nichols' childhood and the 
conditions of his family growing up. The defense's witnesses all agreed that 
Nichols' mother was unfit as a parent and that, as a child, Nichols was often 
seen as being dirty and hungry. Nichols was eventually put into foster care by 
the state, where he bounced around in the system for several years before being 
adopted by the Nichols family. Andy Nichols and Jenny Penta, Nichols' adoptive 
siblings, said Nichols was a sweet child, and it wasn't until Nichols got older 
and became surrounded by negative influences that his personality changed. Andy 
Nichols said his brother often would defend other children from bullies.

Dr. Ruben Gur, a neuropsychologist and neuroimaging specialist, testified on 
behalf of the defense. The majority of Gur's testimony was background knowledge 
for the jury of how the brain functions and how neuro-imaging systems are able 
to measure the data they get form the brain, using Positron Emission Tomography 
and Magnetic Resonance Imaging. Based on scans that Gur and his team had 
conducted on Nichols, he determined that Nichols had significant damage to his 
frontal cortex, which contextualized the impulses sent to the brain, affecting 
how a person reacts to certain situations. He also said Nichols' amygdala and 
hippocampus, parts of the brain responsible for the 'fight or flight' response 
and recognizing new and old information, respectively, were damaged as well.

Based on his findings, Gur said that Nichols' ability to control impulses and 
handle stressful situations is likely adversely affected. Although he could 
provide no certain answer to how the damage occurred, he suggested that damage 
to the frontal cortex was often due to multiple head injuries, while the damage 
to the amygdala and hippocampus seen in Nichols' brain is often seen in those 
who experience fetal alcohol syndrome.

(source: Columbia Daily Tribune)








KANSAS:

Trial ordered in 2016 rape and murder of Overland Park woman



A Johnson County judge on Monday ordered an Ottawa, Kan., man to stand trial 
for the 2016 killing of an Overland Park woman.

Korrey Raine White Rinke is charged with capital murder and faces a potential 
death sentence for the killing of 46-year-old Julianna Pappas.

Rinke, 24, is also charged with rape.

After hearing testimony at Monday's preliminary hearing, District Judge Timothy 
McCarthy ruled that there is sufficient evidence for the case to proceed to 
trial.

Arraignment for Rinke was scheduled for Aug. 2.

Pappas was reported missing on Aug. 23, 2016, and her body was found in a 
wooded area in Overland Park about a week later.

Overland Park detectives later questioned Rinke, who allegedly admitted to 
raping and killing her, according to court documents.

Under Kansas law, capital murder carries possible sentences of death or life in 
prison without parole.

Prosecutors do not have to declare if they will seek the death penalty until 
after arraignment.

(source: kansascity.com)








UTAH:

Orem man facing capital punishment in man's death denies plea deal



An Orem man facing capital punishment for reportedly killing a man during a 
botched robbery in Provo rejected a final plea deal on Monday.

Prosecutors said they expected Jesse Gourdin, 22, to accept the plea bargain, 
but he turned down the offer Monday morning.

Gourdin is charged with aggravated murder, a capital offense, for reportedly 
shooting and killing 24-year-old Gustavo Ramirez in March 2017.

Jury selection was canceled Monday morning in expectation of Gourdin accepting 
the plea bargain. As he rejected the offer, the case will head to trial.

The jury selection is scheduled for Tuesday with open arguments slated to begin 
next week.

If convicted of aggravated murder, Gourdin could face the death penalty, 25 
years to life in prison or life in prison without parole.

Although 4 people were charged for the events that led to Ramirez's death, only 
Gourdin faces capital murder charges heading to trial.

Gourdin also faces 6 additional felony charges, including attempted aggravated 
murder, aggravated burglary, aggravated robbery, possession of a dangerous 
weapon and 2 counts of retaliation against a witness, victim or informant.

According to court documents, he and three others - Jerry Hawley, Maria 
Hernandez and Brayden Marshall - drove to a house at 71 N. 400 West in Provo to 
steal a metal box full of cash in one of the bedrooms.

Hawley drove the group to the house where Marshall and Gourdin tried to kick 
down the front door, Provo police reported. When unsuccessful, they ran to the 
back of the house and forced open the back door.

"Almost immediately upon entering, Gourdin fired several rounds," court 
documents state. "Others inside the home scattered to seek cover."

After shots were fired inside the residence, Marshall, followed by Gourdin, 
came back to the truck, the probable cause statement states. Hawley and 
Hernandez had waited in the truck during the shooting, police reported.

Ramirez was taken to Utah Valley Hospital by others in the house at the time of 
the shooting. He died at the hospital, according to the probable cause 
statement.

Goudin was later arrested in Farmington, according to court documents.

Hawley accepted a plea deal in July and was sentenced to a year at the Utah 
County Jail. Hernandez was sentenced to spend at least five years prison in 
December.

Marshall was sentenced to up to life in prison in January after pleading guilty 
to 1 charge of aggravated burglary and 1 charge of manslaughter.

Police reported Gourdin has a past history of drug possession and gang 
affiliations.

(source: Daily Herald)








CALIFORNIA:

California high court upholds death penalty for man who killed boy



The Supreme Court of California ruled on Friday to affirm a death penalty 
verdict for a California man who killed and dismembered a 12-year-old boy 20 
years ago.

John Samuel Ghobrial, 48, was sentenced to death in 2002 for killing Juan 
Delgado in 1998. Ghobrial's attorneys have argued he is mentally disturbed and 
was never allowed a mental competency hearing before trial.

According to OC Weekly, Ghobrial was beaten and chained as a kid in Egypt 
before he fled to the United States. His mental decline continued in 
California, where he was known to defecate on rooftops, mutilate himself, tear 
out his toenails, cover his face in butter and coffee, and he heard imaginary 
voices that urged him to commit violent acts, his attorneys say.

The Supreme Court didn't accept the argument.

"Although the defense counsel's penalty phase mitigation evidence showed that 
the defendant suffered from serious mental illness, we conclude that the 
mitigating evidence did not constitute substantial evidence of present 
incompetence that required the trial court, on its own motion, to declare doubt 
and conduct a competence hearing," the court wrote.

In 1998, Ghobrial, a trained butcher, kidnapped Delgado, severed his body and 
scattered some body parts around Orange County and put others in concrete bins. 
The victim's genitalia was never found.

California has one of the largest death row populations in the United States, 
but hasn't carried out an execution since 2006.

(source: UPI)








USA:

'STARVIN' FOR JUSTICE' PROTEST RETURNS TO US SUPREME COURT: As death penalty 
use declines, highly visible anti-death penalty activists to fast and vigil for 
4 days to mark historic court rulings



For the 25th year in a row, anti-death penalty protesters from throughout the 
United States will converge this week at the US Supreme Court for the 
Abolitionist Action Committee's annual four-day Starvin' for Justice: Fast & 
Vigil to Abolish the Death Penalty. The public is invited to attend free 
presentations featuring "Voices of Experience on the Death Penalty" each 
evening starting at 6pm.

June 29, 2018 marks the 46th anniversary of the Furman v. Georgia decision in 
which the U.S. Supreme Court invalidated all death penalty laws in the United 
States, finding capital punishment to be applied in an arbitrary and capricious 
manner. July 2 marks the 42nd anniversary of the 1976 Gregg decision, which 
upheld new state death penalty laws and allowed the resumption of executions.

Among the many noteworthy speakers this year: Lindy Isonhood, a former juror 
who sentenced a man to death. Isonhood is featured in a new film by Florent 
Vassault, "Lindy Lou: Juror Number 2," which will broadcast nationally on PBS's 
POV series and on pov.org on July 16, 2018. She will speak following a special 
screening of the film on July 1. Details and the full roster of speakers is at 
http://www.abolition.org/fastandvigil/schedule.html.

Arrange interviews with featured speakers and/or activists from your specific 
state or region. NOTE: Isonhood is available for in-person interviews in 
Washington July 1 & 2 only, and by phone, ISDN and satellite.

WHO: Exonerated death row prisoners, murder victim and death row family 
members, former executioners & death trial jury members, activists from as many 
as 20 states, clergy, scholars and leaders of state and national anti-death 
penalty organizations.

WHAT: The 25th Annual "Starvin' for Justice" Fast and Vigil to Abolish the 
Death Penalty

WHEN: All day, June 29 - July 2. Speakers each day from 6:00 pm to 8:30 pm - 
Full schedule is at Abolition.org. Media Availability Friday, June 29 at 1pm.

WHERE: Sidewalk, United States Supreme Court

The Abolitionist Action Committee is an ad-hoc group of individuals committed 
to highly visible and effective public education for alternatives to the death 
penalty through nonviolent direct action.

(source: Abolitionist Action Committee----prnewswire.com)








IRAN----execution

Prisoner Hanged in Shirvan City----At Least 11 Death Row Prisoners Transferred 
to Solitary Confinement



A prisoner was executed at Shirvan Prison (North Khorasan) on murder charges.

According to a close source, on the morning of Wednesday, June 20, a prisoner 
was executed at Shirvan Prison. The prisoner, identified as Iraj Sorkhi, 34 
from Lanjan, was arrested and sentenced to death on murder charges in 2012.

The execution of this prisoner has not been announced by the state-run media so 
far.

According to Iran Human Rights annual report on the death penalty, 240 of the 
517 execution sentences in 2017 were implemented due to murder charges. There 
is a lack of a classification of murder by degree in Iran which results in 
issuing a death sentence for any kind of murder regardless of intensity and 
intent.

Shirvan is a city and capital of Shirvan County and the 2nd largest city in 
North Khorasan Province.

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

At Least 11 Death Row Prisoners Transferred to Solitary Confinement



At least 11 prisoners most who are charged with murder were transferred to the 
solitary confinement of Rajai Shahr Prison.

According to the IHR sources, at least 11 prisoners who were sentenced to death 
were transferred to the solitary confinement of Rajai Shahr Prison on Saturday, 
June 23.

Most of the prisoners are sentenced to death on the charge of murder and if 
they fail to gain the consent of the plaintiffs, they will be executed on 
Wednesday.

5 of the prisoners are identified as: Behzad Dinparvar from ward 10, Hamid 
Sadeqi from ward 10, Saeed Ranjbar from ward 10, Ali Jalali from ward 1, Javad 
Darabi from ward 1."

Most of the executions this year have been carried out at Rajai Shahr Prison.

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

Prison Guards Broke Juvenile Offender's Hand



Saeed Ahadi, a juvenile offender who is sentenced to death, was beaten in Rajai 
Shahr Prison causing a fracture in his right arm.

According to a close source, on Thursday, June 21, the prison guards at Rajai 
Shahr Prison beat Saeed Ahadi and one of his friends with batons and a hose 
which caused a fracture in his arm.

A close source told IHR, "Saeed just asked a warden to transfer him to solitary 
confinement because he was in a bad mood and couldn't stand the noises in his 
cell. But the warden, named Karami, called the guard, and he first tasered 
Saeed and his friend and then beat them with batons and a hose."

According to IHR's interview with Saeed Ahadi's family, he was born on June 14, 
1993. He committed murder during a fight in 2009. That is to say, Saeed was 
only 17 at the time of the crime, therefore, he is subject to Article 91 of the 
new Islamic Penal Code approved in 2013.

Saeed's lawyer requested an appeal based on Article 91 of the new Islamic Penal 
Code several times, but every time they postponed the process of the request 
for unknown reasons.

It is worth mentioning that the Convention on the Rights of the Child, which 
Iran has signed, clearly bans execution and life imprisonment of juveniles.

In 2017, at least 5 juvenile offenders were executed in Iran. Furthermore, at 
least 3 juvenile offenders were executed in January 2018 in Iran.

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

2 Prisoners Scheduled for Execution in Northern Iran



2 prisoners who were sentenced to death on murder charges were transferred to 
the solitary confinement of Rasht Central Prison.

According to a close source, on Saturday, June 23, 3 prisoners charged with 
murder were transferred to the solitary confinement of Lakan Prison in Rasht in 
order to be executed. The next day, 1 of the prisoners was able to ask for time 
and returned to his cell but the other 2 are still in solitary confinement.

1 of the prisoners, identified as Hossein Esmaeelpour, was charged with the 
murder of a clergyman, named Fakhri Langaroudi, in September 2014.

Death sentences are usually carried out at Lakan Prison on Saturdays. If these 
prisoners fail to win the consent of the plaintiffs, they will be executed on 
Saturday, next week.

(source for all: Iran Human Rights)