[Deathpenalty] death penalty news----TEXAS, N.H., CONN., PENN., FLA., OHIO

[Rick Halperin]

May 10



TEXAS:

Execution set for TX death row inmate convicted of killing woman, stuffing body 
in barrel of lime



A Tyler man convicted of drowning a former housemate and stuffing her body into 
a barrel of lime and cement is now facing a death date.

Troy Clark was sentenced to die in 2000 for killing Christina Muse out of fear 
the young mother would snitch on him for his drug use, according to court 
records. This week he was given a Sept. 26 execution date, according to Texas 
Department of Criminal Justice spokesman Jeremy Desel.

The May 1998 slaying came just after Muse moved out of the Smith County home 
where Clark and his girlfriend Tory Bush lived and sold meth.

One day when Muse stopped back at the home to visit, she and Clark started 
talking and at some point in the conversation, according to court records, he 
used a stun gun to take her down, then duct-taped her arms and legs and left 
her in a closet for hours. Then, he moved her into the bathtub and ordered Bush 
to get a board so he could beat the bound woman.

After drowning Muse, according to court records, Clark ordered his girlfriend 
to go get lime. When she got back, he dumped the slain woman's body in a blue 
barrel filled with lime, cement mix and water.

Later, Clark and some friends loaded the barrel into a truck and ditched it in 
a remote spot on his landlord's property.

When authorities found the gruesome remains, they also discovered the body of 
Tracy Mize decaying in a septic tank on the same property.

In trial, the jury also heard evidence that Clark he allegedly killed 2 other 
people and robbed others.

But in court, Clark denied his involvement, saying he wasn't at home at the 
time of the slaying, and that he was out delivering drugs. In the years since 
he was sent to death row, Clark has argued the he suffered bad lawyering and 
didn't get to show evidence rebutting claims he would be a future danger to 
society.

The U.S. Supreme Court turned down his appeal last year.

The Lone Star State has executed 5 men this year, and - including Clark - 
another 7 are on the calendar.

(source: mysanantonio.com)

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

Texas judge rules man's death sentence should be commuted



A Texas judge has ruled that prosecutors in the capital murder case of a man 
sentenced to death had lied in court and that the condemned man should instead 
be given a lifetime prison term.

State District Judge Everitt Young determined Tuesday that prosecutors in the 
trial of Paul David Storey weren't truthful when they told jurors that the 
shooting victim's family wanted Storey executed.

A stay was ordered last year, just days before Storey was scheduled to die, 
when the murdered man's parents made clear they opposed a death penalty.

The Fort Worth Star-Telegram reports the Texas Court of Criminal Appeals now is 
expected to decide whether to accept Young's ruling or reject it.

(source: Associated Press)

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

Former U.S. Attorney General Alberto Gonzales talks death penalty



Former U.S. Attorney General Alberto R. Gonzales says he believes in the death 
penalty but only if absolutely sure the person being executed is responsible 
for the crime for which they've been convicted.

"I think we should always be open to reliance upon new technology, or new forms 
of collection of evidence, to make sure that to the extent that Texas executes 
someone, that it is someone who, in fact, committed the crime in which they've 
been convicted," he told a room of about 300 people.

Gonzales served as attorney general under President George W. Bush's 
administration from 2005 to 2007 when he resigned. He currently serves as dean 
of Belmont University College of Law.

Gonzales was the keynote speaker at the 2018 Law Day Luncheon hosted by the 
Corpus Christi Bar Association. Nueces County District Attorney Mark Gonzalez 
moderated the discussion at the Congressman Solomon P. Ortiz International 
Center.

National Law Day was May 1. President Dwight D. Eisenhower created the day in 
1958 to celebrate the country's commitment to the rule of law and the 
importance of the judicial system.

"But as a general matter, I have no issue with the death penalty," Gonzales 
said. "I have counseled ... Governor Bush and President Bush through 50 state 
and federal executions in terms of people coming to the president, to Bush, and 
asking for clemency.

"So I have reviewed a lot of death penalty cases and I will say this: There 
have been a couple times when I would look at the evidence and I would 
question. 'Man,' I would think, 'It's not very strong.' And when I would sit 
down with Governor Bush and I would explain to him that I have some concerns. 
He would say, 'Well go back and get comfortable. Do the homework and make sure 
that we're not going to execute someone (who) is not responsible for committing 
this crime.'"

District Attorney Gonzalez responded that his stance on the death penalty has 
evolved and changes with every case.

"I do believe in the death penalty, and I believe that question should be 
submitted to a jury, and we will submit that question," he said.

There have been 5 executions in 2018 so far, according to the Texas Department 
of Criminal Justice. There are more than 200 offenders on death row in the 
state.

The District Attorney's Office is pursuing the death penalty in some cases, 
including for 2 people charged with capital murder in the case of Breanna Wood.

"People say 'Mark, how are you a progressive district attorney if you seek the 
death penalty?" he said. "I want to show them those pictures and say 'look what 
this person did to a loved one or to a child'," or something.

"It's a question that won't ever get answered. One day you might feel a certain 
way, the next you change your mind."

When asked about his stance after the luncheon, he said he thinks the question 
regarding the death penalty is one for juries.

"And that's what I'm at least about is giving the questions to the juries, 
whether they feel that death is appropriate, that's up to them," Gonzalez said.

The death penalty was among a variety of topics discussed during the luncheon.


(source: Corpus Christi Caller-Times)








NEW HAMPSHIRE:

Shaheen's death penalty repeal veto still stings



I am disappointed in Gov. Chris Sununu's repeated insistence to veto Senate 
Bill 593 on changing the death penalty to life in prison. The people spoke 
strongly through their senators and representatives that repeal is what New 
Hampshire wants.

The governor says he wishes "to stand with crime victims" in vetoing repeal. 
Many murder victim families bravely testified before both the Senate Judiciary 
Committee and the House Criminal Justice and Public Safety Committee. As I 
listened to those families, they overwhelmingly do not want the death penalty 
in their case and want to see it repealed.

In 2004, I moved to New Hampshire in order to serve churches in Manchester and 
Concord. As I made friends with other ministers in the state, many of them 
expressed to me their disappointment at then-Gov. Jeanne Shaheen's veto of 
death penalty repeal 5 years earlier. Her term had ended, but the memory of 
that veto lived on.

Now I serve as executive director of the New Hampshire Council of Churches, and 
I work with clergy across the state from both progressive and conservative 
churches. Nearly 20 years later, I still hear clergy express disappointment 
with that veto.

Before Gov. Sununu picks up his pen, I pray that he stands with crime victim 
families and what they actually want: death penalty repeal. If he cannot hear 
victim families, then at least he might know that people will be disappointed 
in his veto (like Shaheen's veto) for years to come. It is not too late to let 
SB 593 pass.

Rev. JASON WELLS

Pembroke

(source: Letter to the Editor, Concord Monitor)

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

Former Law Enforcement to Voice Opposition to Death Penalty



Former members of New Hampshire law enforcement are going to be talking about 
their opposition to the death penalty, following support in the Legislature to 
abolish capital punishment in the state.

A bill passed by both the House and Senate would change the penalty for capital 
murder to life in prison without parole.

The bill now heads to Republican Gov. Chris Sununu's desk, who has vowed to 
veto it. A 2/3 majority in both chambers is needed to override vetoes.

The former officers are scheduled to speak at a news conference Thursday to be 
held by the New Hampshire Coalition to Abolish the Death Penalty.

There is currently only 1 person on death row in New Hampshire.

(source: The Associated Press)








CONNECTICUT:

Death row inmate resentenced to life in prison



A Connecticut man who was on death row for bludgeoning a 13-year-old boy to 
death with a sledgehammer is now facing life in prison.

The Republican-American reports (https://bit.ly/2FW6WqZ) that 38-year-old Todd 
Rizzo, of Waterbury, was resentenced Tuesday for the 1997 death of Stanley 
Edwards IV.

Rizzo is one of several death row inmates whose sentences were revised after 
the state Supreme Court ruled in 2015 the death penalty was unconstitutional.

Rizzo was 18 when prosecutors say he lured Edwards to his backyard and struck 
him with the sledgehammer 13 times. Officials say Rizzo made sure not to get 
the boy's blood on his new car while dumping the body.

He later told police he wanted to know what it felt like to kill someone.

Rizzo refused to comment at his resentencing.

(source: Associated Press)








PENNSYLVANIA:

Gunman testifies to shooting victim, 25, in the face during botched robbery



The self-admitted killer spoke without emotion Wednesday in the courtroom, his 
gaze occasionally rising toward the ceiling as he played through details of the 
botched abduction.

Vaughn Felix, testifying as a prosecution witness against his co-defendant, 
matter-of-factly admitted shooting 25-year-old Michael E. Davis in the face, 
killing the Verizon Wireless employee outside his home in Palmer Township.

But even as he took the witness stand in a courtroom where Davis' mourning 
family sat in the audience, Felix struggled to recall his victim's name, though 
by his account, they stood at only arm's length when he pulled the trigger that 
night.

"The guy, Michael," Felix said, searching for the last name. "The guy, Michael 
... Davis."

Felix was called by prosecutors during a preliminary hearing for Gregory Lewis 
Jr., who is also charged with homicide in Davis' death, and with a related 
attempted abduction a day later.

The decision came 2 weeks after District Judge Jacqueline Taschner tossed the 
charges against Lewis during a prior preliminary hearing in which his 
co-defendant didn't testify. Then, Taschner ruled authorities hadn't adequately 
identified Lewis in court as their suspect.

With Felix's testimony, Taschner found prosecutors presented enough evidence to 
uphold the charges, sending them to Northampton County Court. She did so as 
Lewis' attorney, Robert Eyer, questioned Felix's motives in aiding authorities, 
an issue that is sure to be explored by the defense as the case proceeds.

After the hearing, Assistant District Attorney Patricia Mulqueen would not say 
whether Felix has been offered anything in exchange for his cooperation, saying 
"it would be inappropriate" to discuss.

Whether prosecutors will seek the death penalty against Lewis or Felix is a 
question that District Attorney John Morganelli will decide before they are 
arraigned in county court, Mulqueen said.

Lewis, 28, and Felix, 27, both of the Easton area, are also charged with a 
homicide in Reading, and with the armed robberies of several cellphone stores, 
as well as a jewelry store. Authorities say the pair killed Davis on Nov. 21, 
2016, during a failed scheme to kidnap him in order to rob the Verizon in Forks 
Township where he worked.

A day later, police allege and Felix admitted, the pair also tried to abduct 
the store's manager, Michael J. Derose, outside his home in Palmer, but he was 
able to escape.

Felix's testimony mirrored chilling details that police previously offered in 
recounting his confession, which he gave to investigators in December with his 
attorney present.

Only on Wednesday, the words came from the gunman himself.

Felix said he and Lewis were dressed all in black and wearing masks when they 
approached Davis as he pulled up to his Eldridge Avenue home after work.

They'd been casing the store and had followed Davis home "a couple nights 
before" to learn where he lived, Felix said. This time, they were hiding behind 
2 trucks as Davis pulled up, Felix said.

"He didn't see us coming as he was getting out of his car," Felix said. "I told 
him to get into the backseat."

Felix said he shot Davis after his victim twice refused his command.

"He said he'd rather die than get into the backseat," Felix said.

Felix remembered looking toward his co-defendant, whom he identified through 
Lewis' street name, Trig.

"I really didn't know what to do at that moment," Felix said. "I made eye 
contact with Trig, then I pulled the trigger."

Felix recalled he and Lewis running back to their car and driving past the 
shooting scene, where he said he was surprised Davis' body wasn't lying in the 
street. According to police, Davis made it to his lawn before collapsing.

The next night, Felix said, "it was the same idea" with a different employee: 
"Take him back to the store and rob the store."

Felix said he and Lewis were able to force their new target, store manager 
Derose, into his car outside his home on Sherwood Road. But as Felix drove and 
Lewis tried to bind Derose with zip ties, Derose was able to jump out of the 
moving vehicle, Felix said.

After that, Felix said, he and Lewis abandoned their kidnapping scheme.

"I just gave up on the whole idea," Felix testified, saying he concluded, "That 
it wasn't meant to be."

(source: The Morning Call)








FLORIDA:

Wild Bill makes multiple claims about slain girlfriend



"Wild Bill" Roberts gave police several stories about what happened to 
Elizabeth Hellstrom before police chased him and found her body in the trunk, 
saying she suffered a fatal drug overdose and that she was attacked by bikers.

Roberts, 56, who is defending himself in his upcoming June 4 death penalty 
murder trial, also told a jail visitor he knew he was "going down for murder," 
and that his past was "going to bite him in the ass."

His own words will be used against him if Assistant State Attorney Rich Buxman 
has his way. The prosecutor has filed a motion seeking to present evidence 
showing Roberts threatened Hellstrom and others.

If granted by Circuit Judge Mark Nacke, the Williams Rule motion would allow a 
jury to hear evidence of similar, past crimes. The current motion mostly 
alleges threats to Hellstrom and others.

According to court records, he told fellow prisoner David McQuilling III that 
he "choked and slapped and struck" Hellstrom when they lived together.

He was overheard by another man theratening her over the phone. Roberts then 
threatened that man and others. The prosecutor also has presented copies of 
threatening, profanity-laced text messages.

"I am going to make you hate me for the rest of my life, bet on that," he 
reportedly texted her about someone. "I see that punk, he will be a photo on a 
milk carton. ..."

The report of threats are also contained in an injunction for protection in 
Hernando County and in Department of Children and Families records.

Another woman has reported that he threatened Hellstrom between Halloween and 
Thanksgiving 2017.

A woman named Joyce Thrift told authorities she witnessed him threaten to burn 
Hellstrom's car a month before she was killed. When she visited him in jail he 
told her that Hellstrom had overdosed on Klonopin. It was Thrift that quoted 
Roberts saying he was worried about his past coming back to haunt him.

Roberts told one man that he and Hellstrom were jumped by a motorcycle gang. 
When he regained consciousness, he tried to resuscitate her, but she was dead. 
In another version, she survived the attack and both of them refused to go to 
the hospital.

He told another fellow prisoner that they were in the North Carolina area 
getting ingredients to cook up illegal drugs. "Defendant stated he lit a house 
on fire and killed people inside and that he had charges up there."

That is false, according to authorities.

He also told McQuilling, "The (expletive) wouldn't shut up so I had to shut her 
up."

He said he gave her a handful of Klonopin and beat her up. He said he was 
talking to her. When she quit talking, he panicked and put her in the trunk. He 
also indicated that the beating occurred in his camper in Royal Trails. He then 
drove the car to North Carolina. He said he blacked out at some point and ended 
up in Tennessee. That is when he supposedly set a house on fire.

He reportedly repeated the biker story to another man at the jail, Brent Von 
Beisen, adding that he shot someone there. He also claimed to have given 
Hellstrom a bunch of Clonazapam and Xanax pills. He said he blacked out for 5 
days and when he woke up she was dead.

"He stated he drove back to North Carolina with the deceased victim and killed 
multiple people and lit them on fire with a flare gun."

He also told Von Beisen that when women cheat, they should be beaten.

"Defendant stated that he punched and kicked her and ruptured her spleen and 
gave her internal bleeding because she cheated on him and he said he was trying 
to find a place to dump her body in Volusia [County] when cops chased him back 
into Lake County."

He allegedly also bragged about his actions in past crimes, including a 2004 
Lake County case where he was charged with felony battery, lewd and lascivious 
molestation and false imprisonment. The state dropped all but the battery 
charge, and he was sentenced to time served in jail.

In another 2004 case, he was charged with attempted 1st-degree murder with a 
deadly weapon, burglary of a conveyance with battery, criminal mischief, petty 
theft and aggravated assault. All but the battery and burglary charges were 
dropped. He was sentenced to 2 years, 6 months in state prison for that crime.

He claimed in a conversation with another man that he had been attacked with a 
crowbar.

Hellstrom had her own problems. She was sentenced to seven years in prison for 
drug possession and manufacturing methamphetamine.

Roberts was arrested on Dec. 21, when DeLand police recognized Hellstrom's car 
and gave chase. She was reported missing.

Police estimate that she had been in the trunk for 4 days.

Police were alerted by a friend who said Roberts had texted him that Hellstrom 
had passed out and that 30 of the anti-seizure pills were missing. He said he 
was going to take her body to the woods and take some pills so he "could go 
with her." At one point he said he was going to turn on propane gas.

There was a propane tank and a shovel in the trunk.

Investigators say Hellstrom was severely beaten, that she had several broken 
ribs, including 1 that pierced a kidney. One ear was severed and missing, and 
bones were broken in her neck, indicating that she had been strangled.

The next motion hearing is scheduled for May 22. Roberts has made several 
motions, including asking for more time in the law library, a death-penalty 
co-counsel, a mitigation expert for the penalty phase and other requests. Many 
have been ruled as improperly filed. The Sheriff's Office will get a chance to 
respond to his library request at the hearing.

(source: Daily Commercial)

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

Death sentence delayed for Orange County convicted killer



It's been 11 months since a jury decided an Orange County man should be put to 
death for burning and killing an 83-year-old woman in her home, but the man has 
yet to be sentenced.

Juan Rosario appeared in an Orange County courtroom Wednesday morning for what 
was scheduled to be a so-called Spencer hearing, during which Rosario's defense 
would have one final chance to convince Judge Leticia Marques to choose a life 
prison sentence in place of death.

Rosario's Spencer hearing was previously delayed several times due to changes 
in the convicted killer's representation and problems collecting mitigating 
evidence to present to the judge.

Rosario beat 83-year-old Elena Ortega during an attempt to steal money from her 
home in 2014. Later, assuming he had killed Ortega, Rosario returned to her 
home burned it down to conceal evidence, investigators said. The fire is what 
killed Ortega, investigators said.

Jurors recommended Rosario get the death penalty in June of 2017. But his 
then-2nd chair lawyer handling mitigation was taken off the case for failing to 
effectively supervise a number of defense specialists.

Beginning in March of 2018, Rosario's lawyers went public with a push to try 
and prove he's too mentally handicapped to qualify for the death penalty under 
Florida law.

"Mr. Rosario may have an intellectual disability. He may have brain damage. We 
need to explore these avenues," said Rosario's former attorney Roger Weeden.

"I have no evidence that Mr. Rosario is intellectually disabled. And I would 
submit that the court has no evidence that Mr. Rosario is intellectually 
disabled," said Assistant State Attorney Ryan Williams with the Fifth Circuit.

"At this point, I don't have a legal issue under Atkins that's been raised," 
Judge Marques said. "The motion you filed simply doesn't meet the standard."

During court Wednesday, Rosario began complaining about his main lawyer, Roger 
Weeden, who has had the case since 2015.

"I'm entitled to have a counsel that's actually fighting for me," Rosario said. 
"The constant mess-ups, I guess that's a violation of my constitutional 
rights."

Rosario said Weeden failed to investigate fundamental aspects of the murder and 
that he has no confidence in him during the final and critical process.

The judge decided to remove Weeden from the case, which threw the 
already-delayed schedule out the window pending the appointment of new lead 
counsel in the case.

(source: WFTV news)








OHIO:

Ohio Supreme Court denies motion by Craigslist killer Richard Beasley



The Ohio Supreme Court has denied Craigslist killer Richard Beasley's request 
to reconsider his death penalty conviction.

Beasley, a death row inmate from Akron, had argued that Ohio Attorney General 
Mike DeWine's son Patrick DeWine serves on the Supreme Court and should have 
recused himself when the issue came before the state's highest court.

The attorney general's office assisted in the prosecution.

Beasley should have made his request for DeWine to recuse himself earlier, 
Justice Patrick Fischer wrote in an opinion released Wednesday.

"Given that Beasley failed to request Justice DeWine's recusal ... and that 
almost every court that has addressed the issue has rejected similar arguments 
regarding when a judicial officer is disqualified, I find Beasley's 1st 
argument in support of reconsideration to be both waived and without merit," he 
wrote.

Donald Gallick, Beasley's attorney, said he and attorney Don Hicks plan to 
appeal to the U.S. Supreme Court, though he admitted that this is a "long 
shot."

However, Gallick said he is hopeful that the court will be interested in the 
potential conflict involving Ohio Supreme Court Justice Patrick DeWine 
participating in a case in which the office of his father, Attorney General 
Mike DeWine, was involved. The Attorney General's Office argued before the 
state supreme court on behalf of the prosecution.

"To most citizens, it looks like a political conflict," Gallick said. "This 
issue is something Ohioans need to know about."

Beasley also still has other post-conviction appeals pending in court.

The Ohio Supreme Court upheld the death sentence Feb. 9 for Beasley, who was 
convicted of posting bogus job offers on Craigslist to rob and murder 3 men in 
2011. Beasley and his teenage accomplice, Brogan Rafferty of Stow, were 
convicted in 2013.

The murders made national news because Beasley posted ads on Craigslist to lure 
the men to a remote spot in southern Ohio.

(source: ohio.com)