[Deathpenalty] death penalty news----OHIO, ARK., NEB., ARIZ., CALIF., USA

[Rick Halperin]

May 3



OHIO:

Court to hear case of Ohio man who killed 88-year-old woman



The Ohio Supreme Court has scheduled arguments in the death penalty case of a 
man convicted of fatally beating and stabbing an 88-year-old woman during a 
robbery.

Death row inmate James Goff was sentenced to die in the 1994 slaying of Myrtle 
Rutledge in her Wilmington home in southwestern Ohio. He was found guilty by a 
jury the following year.

A federal appeals court ruled in 2010 that Goff received poor legal help during 
his appeals. He went before a judge in 2015 for a new sentencing and again 
received the death penalty.

The 43-year-old Goff argues he was wrongly prevented from presenting a 
psychological update and evidence of his good behavior in prison at his 
resentencing.

The Supreme Court set oral arguments for June 12.

(source: Associated Press)

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

Jury to be seated soon in Youngstown death penalty case



A jury could be in place next week to hear the case against Lance Hundley of 
Youngstown.

Lawyers for both the defense and prosecution continued Wednesday working 
through their list of prospective jurors.

They started with a pool of about 145 and hope to have that whittled down to 
around 50 by the end of the week.

Hundley is charged with beating Erika Huff to death back in 2015 as well as 
attacking the victim's mother. He faces a possible death sentence if he's 
convicted.

(source: WKBN news)








ARKANSAS:

Evidentiary portion of Chumley murder trial expected to start today in 
Fayetteville



A jury is expected to be seated and opening statements begin Wednesday in the 
murder trial of Mark Edward Chumley.

Chumley, 48, is charged with accomplice to capital murder in the killing of 
Victoria Annabeth Davis on Aug. 19, 2015. Police said Davis, 24, was held 
captive at her house at 433 S. Hill Ave. for hours and beaten by her husband, 
John Christopher Davis, 28, and others, including Chumley.

The state is seeking the death penalty against Chumley.

Attorneys narrowed the jury pool to 43 potential jurors Tuesday evening from a 
pool of 99. They'll study the list and are set to make strikes and narrow the 
pool to 12 jurors and three alternates this morning.

Circuit Judge Joanna Taylor said she wants to begin opening statements in the 
early afternoon.

The arduous jury selection process is required because the death penalty is in 
play.

The defense is hoping to head off the death penalty and save Chumley's life if 
he is convicted.

A jury dealing with a criminal case where the death penalty is a prospective 
sentence must consist of jurors who are categorically not opposed to the 
imposition of capital punishment and of the belief the death penalty must not 
be imposed in all instances of capital murder.

Grounds for requesting the death penalty are because the killing was done to 
prevent an arrest and was done in an especially depraved or cruel manner, 
according to prosecutors.

Matt Durrett, prosecutor, said Tuesday he thinks he can wrap up the state's 
case by the end of the day Friday.

John Christopher Davis, 30, pleaded guilty in December to being an accomplice 
to first-degree murder. Davis was sentenced to 37 years in the Arkansas 
Department of Correction.

The other defendants include Rebecca Lee Lloyd, 39, and Christopher Lee Treat 
and Desire Amber Treat, both 32. All are charged with accomplice to capital 
murder and are being held without bond at the Washington County Detention 
Center.

Prosecutors said they expect some of the co-defendants to testify against 
Chumley.

(source: nwaonline.com)








NEBRASKA:

Hearing scheduled for AG's lawsuit against state senators seeking answers on 
death penalty



A judge has scheduled a hearing Friday on a motion to block the Nebraska 
Legislature from questioning the prisons director about the state's execution 
protocol.

Meanwhile Wednesday, the 16 senators named this week in the lawsuit by Attorney 
General Doug Peterson were working to obtain a lawyer to represent them in the 
highly unusual legal dispute that pits two branches of state government against 
each other.

Lancaster County District Judge Lori Maret scheduled the hearing for 11 a.m. 
Friday to consider the state's motion to quash the subpoena served last week on 
Scott Frakes, director of the Nebraska Department of Correctional Services. The 
Legislature's Judiciary Committee plans to question Frakes at a Tuesday morning 
public hearing regarding the procedure his staff followed when designing 
changes to the lethal injection protocol in 2016 and 2017.

Peterson's office filed the lawsuit Tuesday seeking to prevent Frakes from 
having to testify before the committee. The lawsuit also asks the court to 
declare the senators in violation of state law and to order them to pay the 
costs of the lawsuit.

A majority of the senators, all members of the Judiciary Committee or the 
Executive Board, voted to approve the subpoena in response to a complaint filed 
by State Sen. Ernie Chambers of Omaha. Chambers, a death penalty opponent, has 
questioned whether prison officials followed the Administrative Procedures Act 
in setting the new lethal injection protocol.

Sen. Laura Ebke of Crete, chairwoman of the Judiciary Committee, said Wednesday 
afternoon that lawmakers were in discussions with a lawyer to represent them at 
the hearing. She declined to name the lawyer until he or she is actually hired.

Ebke also said the committee plans to hold the 9 a.m. hearing Tuesday at the 
State Capitol unless the judge blocks the subpoena. If the judge does not rule 
before Tuesday morning, the committee will likely convene the hearing and see 
if Frakes appears.

The committee plans to call no other witnesses, Ebke said.

The dispute comes as the attorney general has asked the Nebraska Supreme Court 
to issue a death warrant for the execution of Carey Dean Moore. The 60-year-old 
inmate has been on death row since 1980 for the killings of Omaha cabdrivers 
Reuel Van Ness and Maynard Helgeland.

(source: Omaha World-Herald)

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

Nebraska officials need to provide answers to death penalty inquiries



When Nebraska government takes an action, a fundamental question always needs 
to be asked and answered: Did the state follow proper laws and procedures?

If it didn't, that's a problem - and sometimes a very big problem - regardless 
of whether the issue is a child welfare case, a road construction project, 
government-related overseas travel or anything else.

This requirement certainly applies to the death penalty, one of the most 
serious actions a government can undertake.

The issue at hand isn't whether Nebraska has the general legal authority to 
impose the death penalty; a majority of voters decided that question with a 
firm "yes" when the matter was placed on the 2016 ballot.

The point, rather, is that the state has an obligation to follow the law in all 
respects in working to carry out the death penalty.

The Nebraska news media and members of the Legislature have raised legitimate 
questions on that score. They've asked the state Department of Correctional 
Services for information involving its purchase of death penalty drugs and its 
planned procedure for carrying out an execution, to ensure the applicable laws 
and procedures were all followed.

So far, the department has refused to provide answers. Its message, instead, 
has been: Just trust us.

That's not good enough.

The World-Herald and other media organizations have filed suit, contending the 
department is obligated by law to turn over public records on the execution 
drugs and to divulge the sources of those drugs. The Legislature's Judiciary 
Committee, with the approval of the lawmakers' Executive Board, has subpoenaed 
Scott Frakes, the Correctional Services director, on the matter after he 
refused to respond to lawmakers' inquiries. Other lawsuits also have been filed 
on the state's handling of the death penalty.

On Tuesday, Attorney General Doug Peterson filed a lawsuit against the state 
senators, arguing that the Legislature failed to follow proper procedures in 
issuing the subpoena.

So, plenty of courtroom skirmishing lies ahead. But above it all, the central 
question remains:

Is the state following the law in all respects regarding the death penalty, or 
isn't it?

State officials should stop trying to sidestep this central issue. For the sake 
of the public interest and respect for the law, they need to answer that 
question in full.

(source: Editorial, Omaha World-Herald)








ARIZONA:

Suspect in fatal shooting of Nogales police officer arraigned on 39 counts



The man accused of fatally shooting a Nogales, Arizona, police officer last 
week was arraigned Wednesday on 39 felony counts ranging from murder to 
impersonating a peace officer.

David Ernesto Murillo, 28, is accused of killing Nogales police Officer Jesus 
Cordova near Villa's Market in Nogales. Police said the shooting came during a 
series of carjackings on Arizona 82 east of Nogales and in Nogales.

Cordova tried to stop Murillo near the market, but Murillo fired on Cordova 
while Cordova was still in his patrol car, police said. More than 10 casings 
were found at the scene.

After shooting Cordova, police said Murillo carjacked another vehicle and was 
apprehended in a trailer park several miles from the scene of the shooting.

Murillo entered a plea of not guilty to all charges Wednesday, according to the 
clerk's office at Nogales Justice Court.

Murillo was led into the courtroom in a jail uniform and a bulletproof vest, 
the Nogales International reported. He told Justice of the Peace Emilio 
Velasquez he worked as a builder in Tucson and Phoenix, but came back to 
Nogales.

In a complaint filed Tuesday in Nogales Justice Court, Santa Cruz County 
prosecutors charged Murillo with 3 counts of 1st-degree murder, although 
Cordova was the only person killed.

Murillo faces 1 count of 1st-degree murder in the slaying of Cordova. The 2nd 
count deals with murder during the course of a kidnapping, robbery, or unlawful 
flight from law enforcement. The 3rd count deals with killing a police officer 
in the line of duty.

Deputy County Attorney Liliana Ortega explained her office is pursuing all 3 
murder charges, but Murillo can only be sentenced for 1 of them.

Ortega said her office is considering pursuing the death penalty and she 
expects they will decide soon.

No other injuries were reported during the carjackings, but Murillo is accused 
of 1 count of attempted murder of a law enforcement officer.

Murillo was charged with 10 counts of aggravated assault with a deadly weapon. 
The firearm listed was an AR-15 semi-automatic rifle.

He also is accused of 7 counts of armed robbery; 5 counts of kidnapping; 5 
counts of theft of a means of transportation and 1 count of attempted theft of 
a means of transportation.

Murillo also was charged with 2 counts of criminal damage and 1 count each of 
unlawful flight from a pursuing law enforcement vehicle, unlawful discharge of 
firearms, and burglary.

He is also charged with 2 counts of impersonating a peace officer. Ortega said 
she could not provide details of the events leading to that charge.

The April 27 shooting was the 1st time since 1888 a Nogales police officer was 
shot and killed in the line of duty, Nogales police Chief Roy Bermudez said at 
a news conference the day of the shooting.

State court records show Murillo pleaded guilty in 2009 in Santa Cruz County 
Superior Court to being a passenger in a stolen vehicle. He was sentenced to 
probation.

Cordova worked with Nogales police for 1 year, after 11 years with the Santa 
Cruz County Sheriff's Office.

Cordova left behind a wife who is pregnant and 3 children.

(source: tucson.com)

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

Hung jury prompts mistrial in death-penalty phase of double murderer who killed 
teens



A Maricopa County Superior Court judge declared a mistrial Monday when a jury 
couldn't reach a unanimous life or death verdict against a man who killed 2 
teens during a 2011 drug deal in Mesa.

Jesus Busso-Estopellan, 28, who had prior drug convictions, is believed to have 
lured Olek Wladyszewski, 19, to Mesa on June 29, 2011, ostensibly to sell him 
pills. Wladyszewski brought his friend, Tyler Webster, 18, to the meeting, and 
Busso-Estopellan shot and killed both of them in Webster's car. Webster was 
able to call 911 before he died.

Busso-Estopellan was found guilty of 2 counts of 1st-degree murder and 1 count 
of misconduct with weapons in February, and the jury found aggravating factors 
to qualify him for a death penalty stage. Those aggravated factors included 
that multiple murders had been committed and that in Webster's case, the murder 
was especially cruel, heinous or depraved. Prosecutor Juan Martinez maintained 
that Busso-Estopellan had wounded Webster and then returned to finish him off.

The trial's mitigation phase, when the jury considers factors that may convince 
them to impose a life sentence instead of a death sentence, lasted until April 
9. The jury deliberated until April 30 and said it had reached an impasse.

Judge Erin Otis declared a mistrial.

Busso-Estopellan's guilty verdicts stand. The Maricopa County Attorney's Office 
did not immediately say whether it would retry the penalty stage before a new 
jury to try to obtain a death sentence.

If a prosecutor cannot persuade a new jury to reach a unanimous verdict, the 
defendant would automatically be sentenced to life in prison.

(source: Arizona Republic)








CALIFORNIA:

Obsessed suitor killed boyfriend of SF airport co-worker, prosecutors say



Donovan Matthew Rivera, 25, of Hayward, was charged with murder after driving 
the getaway car in an April 25 shooting, according to San Mateo County district 
attorney's office.

The young couple would be moving to Las Vegas. For her, it was the last day of 
work at San Francisco International Airport. For him, it was a matter of 
picking her up and heading home to pack.

But as Mark Mangaccat backed into their Daly City driveway last week to begin 
packing, prosecutors said, a man approached and fired 5 to 6 shots into the 
car. Mangaccat died on the scene, but for some reason his girlfriend - the 
mother of their 3-year-old child - was left unharmed.

It now appears the suspected shooter in the April 25 slaying was an obsessed 
suitor.

Kevin B. Prasad, a 31-year-old airport security guard for Covenant Aviation 
Security, could face the death penalty for the shooting, according to San Mateo 
County prosecutors, who accused him of seeking out a relationship with the 
victim's girlfriend, asking her to dump her boyfriend and then killing 
Mangaccat when he couldn't get his way.

Prasad, Mangaccat, and Mangaccat's girlfriend - who has not been named - met in 
2014 when they all worked at the airport, said Tricia Povah, a San Mateo County 
deputy district attorney.

Though the suspected shooter most recently worked for Covenant, a federal 
contractor tasked with screening passengers and baggage at San Francisco's 
airport, it's not clear if any of the 3 worked for the company at that time. 
Mangaccat had been out on medical leave from an unspecified position at the 
airport since December 2017, prosecutors said.

San Francisco International Airport referred questions to county prosecutors, 
and Covenant did not immediately return requests for comment.

The day Mangaccat died, prosecutors said, Prasad and Donovan Matthew Rivera, a 
25-year-old Hayward resident, followed the couple to their home. Rivera 
allegedly acted as the getaway driver while Prasad was identified as the 
gunman.

At Monday's arraignment, Prasad, a South San Francisco resident, was charged 
with murder, intentional and personal discharge of a firearm causing death, 
assault with a semiautomatic firearm and shooting into an occupied motor 
vehicle.

A special allegation of lying in wait makes Prasad eligible for capital 
punishment, Povah said.

Rivera, his alleged accomplice, could also face the death penalty if found 
guilty on charges of murder with an enhancement of lying in wait. Other charges 
against Rivera include assault with a semiautomatic firearm, shooting into an 
occupied motor vehicle and gun enhancements on an aiding and abetting theory, 
Povah said.

Rivera did not seem to know the victim, she added.

Police arrested the pair at Rivera's home in Hayward on April 26. Although the 
victim's girlfriend did not see Prasad shoot into the vehicle, Povah said, she 
"indicated there'd been some weird behavior from him," drawing investigators' 
attention.

Prasad made no admissions before he was charged, Povah said, but Rivera 
provided law enforcement with a statement. Both men were being held without 
bail Wednesday at Maguire Correctional Facility in Redwood City. Private 
defenders for Rivera and Prasad have not been assigned yet, officials said.

(source: San Francisco Chronicle)








USA:

U.S. Attorney's office in northern WV district seeking death penalty for 
suspects in 2012 murder at USP Hazelton



The United States Attorney's Office in the Northern District of West Virginia 
is seeking the death penalty for 2 federal inmates accused of murdering another 
inmate at USP Hazelton.

29-year-old Michael Owle of Cherokee, North Carolina and 39-year-old Ruben 
Laurel, of San Antonio, Texas have each been charged with First Degree Murder 
and Assault with a Dangerous Weapon. The 2 allegedly repeatedly stabbed 2 
inmates at the federal prison in August of 2012, resulting in the death of 
31-year-old Anthony Dallas.

On Wednesday, The United States Attorney's Office in the Northern District of 
West Virginia filed an intent to seek the death penalty for Owle and Laurel.

"The United States Government will seek the death penalty for each defendant 
for the murder count, in accordance with the decision and directive by Attorney 
General Jeff Sessions," officials with the office stated in a press release.

The death penalty sentences would be for the 1st Degree Murder charges, with 
each defendant also facing a sentencing of 10 years in prison and a $250,000 
fine for the assault charges.

"The notice to seek the death penalty includes intent factors that allege Owle 
and Laurel acted with intent against their victim, and that their intentional 
acts of violence resulted in the victim???s death. The notice sets forth 
statutory aggravating factors including that Owle and Laurel committed the 
crime after substantial planning and premeditation to cause death, and 
committed the offense in an especially heinous, cruel or depraved manner. Both 
men have previously been convicted of 2 or more felonies," officials stated.

The FBI investigated the case. Assistant U.S. Attorneys Stephen L. Vogrin and 
Robert H. McWilliams, Jr. are prosecuting the case on behalf of the United 
States government.

(source: WDTV news)

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

2 Hazelton inmates could face death penalty in 2012 stabbing case



2 inmates indicted by a federal grand jury on 1st degree murder and assault 
charges could face the death penalty.

Michael Owle, 29, an inmate at USP Hazelton, and Ruben Laurel, 39, of USP 
Hazelton, are both facing 1 count each of 1st degree murder and assault with a 
dangerous weapon in connection to a 2012 stabbing death at the federal prison 
in Preston County.

Owle and Laurel are accused of stabbing 2 other inmates on August 29, 2012, 
resulting in the death of 31-year-old Anthony M. Dallas.

The U.S. Attorney's Office in the Northern District of West Virginia filed the 
intent to seek the death penalty in court Wednesday.

According to a release from the Attorney's Office, Owle and Laurel have been 
previously convicted of 2 or more felonies, acted in a premeditated fashion, 
and caused death in an "especially heinous, cruel, or depraved manner."

Assistant U.S. Attorneys Stephen L. Vogrin and Robert H. McWilliams, Jr., are 
prosecuting the cases on behalf of the government. The Federal Bureau of 
Investigation investigated.

(source: WAJR news)

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

Alleged 9/11 mastermind could be SPARED the death penalty because he 'suffered 
brain damage while in CIA custody'



The man charged with masterminding 9/11 could escape the death penalty after it 
emerged he may have suffered brain injuries at the hands of CIA investigators.

Khalid Sheik Mohammed, 53, was allegedly found to have sustained brain damage 
while being held in CIA custody after his capture in Pakistan back in 2003.

After his capture he was held in the CIA's overseas prison network before 
finally being transferred to Guantanamo Bay in 2006.

Since then he has been languishing in the prison along with 4 other alleged 
accomplices.

But according to new evidence which emerged in January when the results of 
Mohammed's MRI scans were obtained, he may have suffered brain injuries - the 
Miami Herald reported on Monday, citing his lawyers in a war court memo from 
March.

His lawyers now claim that if the allegations are proved to be true - he will 
almost certainly be spared the death sentence.

According to a 2014 report by the Senate intelligence committee on torture, the 
CIA had water boarded Mohammad 183 times, slamming his head into walls between 
interrogations, actions that caused permanent brain damage.

The 2014 Senate report on the CIA's torture program condemned many of the 
agency's practices.

Mohammed and his 4 accomplices in the 9/11 terror attacks have been in pretrial 
since 2012.

But according to the Herald, no trial has been set and no jury has been 
selected in part because of the years Mohammed has spent in CIA custody.

Mohammed was an Al-Qaeda member who worked closely with Osama Bin-Laden.

He was in charge of the terrorist cell's propaganda operations from 1999 until 
2001.

And he confessed to FBI and CIA agents to a role in many of the most 
significant terrorist plots over the last 20 years.

Under intense questioning from the CIA he confessed to masterminding 9/11, the 
1993 World Trade Center bombing, the Bali nightclub bombing in 2002 and Richard 
Reid's failed attempt to shoe-bomb an airliner in 2001.

He was charged by the US military commission with war crimes back in 2008 and 
will suffer the death penalty if convicted.

(source: dailymail.co.uk)