[Deathpenalty] death penalty news----PENN., FLA., KY., COLO., NEV.

[Rick Halperin]

May 12



PENNSYLVANIA:

DA seeking death penalty for Anthony Spudis, Nanticoke woman's alleged killer



Luzerne County prosecutors filed notice Friday they will seek the death penalty 
for Anthony Spudis, charged in the 2013 slaying of 97-year-old Gertrude Price 
in Nanticoke.

Spudis is accused of killing Price inside the woman's home on West Grand Street 
on Nov. 28, 2013. Investigators allege Spudis entered her residence through a 
basement window intending to ransack the house but instead, he stabbed Price 
several times in the head when she confronted him.

Spudis, 35, appeared before Judge Tina Polachek Gartley to be formally 
arraigned on charges of criminal homicide, robbery and burglary. He pleaded not 
guilty to the charges.

Assistant district attorneys Daniel E. Zola and Michelle A. Hardik notified the 
judge they filed a notice of aggravating circumstances with the court 
indicating they are seeking the death penalty for Spudis, a legal requirement 
that certifies the trial as a capital case.

Polachek Gartley scheduled jury selection to begin Nov. 27 with the trial to 
commence once a jury of 12 plus four alternates are selected.

The judge also imposed a gag order prohibiting prosecutors and Spudis' lawyers, 
John Pike and Joanna Smith, from publicly discussing the case.

Spudis' case qualified for the death penalty as he allegedly killed Price 
during the commission of a felony - in this case, robbery and burglary - which 
is the only aggravating circumstance Zola and Hardik submitted.

There are 18 separate aggravating circumstances in Pennsylvania for prosecutors 
to seek the death penalty if there is a conviction of 1st-degree murder.

A jury must initially convict Spudis of 1st-degree murder then proceed to a 2nd 
phase, normally called the penalty phase, to determine if Spudis will be put to 
death or spend the rest of his life in prison.

Spudis was charged Dec. 20, 2017, more than 4 years after Price was killed.

(source: Times Leader)








FLORIDA:

Jupiter triple homicide suspect asks judge to declare FL death penalty law 
unconstitutional



1 of the suspects accused in the Jupiter triple homicide from Super Bowl Sunday 
night last year is asking a Palm Beach County judge to declare Florida's death 
penalty law unconstitutional. Prosecutors have already announced they intend to 
seek the death penalty against Christopher Vasata who faces 3 counts of 1st 
degree murder.

Vasata was the 1st suspect arrested and charged with the murders of Sean Henry, 
26, Brandi El-Salhy, 24, and 20-year-old Kelli Doherty. All 3 were gunned down 
at a 2017 Super Bowl party on Mohawk Street in Jupiter.

Vasata was also injured in the shooting, and reportedly confessed to the 
killings from his hospital bed, but later denied his responsibility.

Early on, prosecutors filed their notice of intent to seek the death penalty.

Now, his defense attorney has filed a motion asking the judge to declare 
Florida's death penalty law unconstitutional.

"Basically the defense is saying the law is over broad, that not every murder 
that occurs is appropriate for the ultimate sanction of death," said defense 
attorney Gregg Lerman, who has tried several death penalty cases himself.

He says while it's unlikely, if a judge does rule in Vasata's favor, it could 
set a precedent eliminating the death penalty at least in Palm Beach County and 
possibly in the state.

"You never know. We've all been surprised, but I more fully expect this to be 
setting up for the future than for the now," said Lerman.

Lerman says what's likely happening is that the defense is filing it now so 
that if Vasata is convicted and sentenced to death, they have the ability to 
appeal it down the line.

"Is it a Hail Mary? Sure. Maybe you get that judge that does stand up and do 
what we believe is the right thing, but you have to preserve the record for the 
future."

Lerman says it is fairly rare for some to get the death penalty in Palm Beach 
County. There are also recent changes to the law require a 12 person jury to 
decide on death unanimously.

The 2nd suspect arrested in this case, Marcus Steward, is also facing the death 
penalty.

(source: WPTV news)

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

State will seek death penalty for Diana Alvarez's accused killer



The state attorney's office announced they plan to seek the death penalty 
against Jorge Guerrero Torres, the man accused of kidnapping and killing 
nine-year-old Diana Alvarez.

Diana went missing in May 2016 and has yet to be found. However, last week a 
grand jury indicted Guerrero on charges of 1st-degree murder, kidnapping, and 
lewd and lascivious acts.

Guerrero admitted to killing Diana in a jailhouse confession when he was 
initially questioned about her disappearance and was taken into custody in 
Okeechobee.

In August 2017, Guerrero was sentenced to 40 years in federal prison on child 
porn charges. Guerrero had pornographic photos of Diana on his cell phone.

(source: WBBH news)

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

Mother of missing Diana Alvarez weighs in on death penalty for accused killer



The convicted child molester charged with killing a little girl now faces the 
death penalty, and Diana Alvarez' mother says he deserves it.

After nearly 2 years, Rita Hernandez says the state attorney's office alerted 
her they'd be seeking the death penalty for Jorge Guerrero-Torres.

"If he killed her...it's what he deserves. Each update on the case that I get 
hurts more and more. It's difficult," she said.

Earlier this month, a grand jury indicted Guerrero-Torres with 1st-degree 
murder in Diana's death. He's currently serving 40 years for federal 
pornography charges.

The 9-year-old Diana went missing 2 years ago, and her body has yet to be 
found.

"It does make the case difficult for the state attorney if they don't have a 
body. Defense attorneys often rely on 'no body no crime.' There's also going to 
be missing evidence without that body - missing DNA evidence," said attorney 
Daniel Garza.

A good outcome for Guerrero-Torres is something Hernandez says she's willing to 
face.

"If he wins this case - there's nothing I can do. I put it in God's hands, like 
I always say," she said.

But Garza says the death penalty could also be a ploy.

"Often times the state attorney will seek the death penalty, not necessary 
hoping that the person will plea to serving life in prison, but knowing that 
they can always seek life as an alternative to going to trial and getting the 
death penalty. It's something like 97 % of the cases plea, and don???t go to 
trial," Garza said.

For Hernandez, she'd rather see her daughter again than to see her daughter's 
possible killer die.

"Speaking to Jorge's heart - that he talks and confesses where my daughter's 
body is at - because nobody deserves to die," she said.

Hernandez says that next Thursday, on what would have been Diana's 11th 
birthday, she'll be holding a vigil for her near the Lee County Jail in 
downtown Fort Myers.

Guerrero-Torres' scheduled trial date begins June 13.

(source: WINK news)








KENTUCKY:

Attorneys for Butler murder suspect want death penalty removed



Attorneys for a Butler County man accused of shooting a retired pastor and his 
wife have requested the removal of the death penalty as a potential option for 
jurors to consider, claiming in court filings there is not enough evidence in 
the case to support capital punishment.

Kevin Dye, 36, is charged with 2 counts of murder, receiving stolen property 
(firearm) and convicted felon in possession of a handgun in connection with the 
deaths of Kenneth Neafus, 71, and his wife Dorothy, 70, who were found dead 
Aug. 9, 2016, in their Richland Church Road home.

Butler County Commonwealth's Attorney Blake Chambers has filed notice of his 
intent to seek the death penalty.

Dye, who is hearing impaired, is being held in Butler County Jail.

No trial date has been set.

Dye's attorneys, Currie and Wes Milliken, have filed a motion for the removal 
of the death penalty, arguing the evidence is "far too meager" and that the 
death penalty would be "arbitrary, capricious and inadequately reliable" if it 
were to be imposed by a jury.

Several dozen items of evidence have been gathered from the Neafuses' home, as 
well as Dye's home and his vehicle, for DNA analysis.

Dye's lawyers claim in court filings that Dye's DNA was not found at the crime 
scene and the Neafuses' DNA was not found in Dye's vehicle.

"To date, the commonwealth has produced absolutely no scientific evidence 
linking the defendant to the crimes charged," the motion filed by Dye's lawyers 
states.

The Millikens argue that the prosecution is using the death penalty as a means 
to coerce a guilty plea from Dye, violating his constitutional right to due 
process.

"The existing evidence against the defendant cannot justify a legitimate 
capital prosecution," the motion states. "The commonwealth has clearly noticed 
this case for death not because it thinks that death is the most appropriate 
punishment or even because it thinks it can obtain a death verdict, but rather 
in order to obtain a strategic advantage over the defendant and use the threat 
of death as an attempt to leverage a plea."

Chambers has not filed a response to the motion, but has alleged in other 
filings that there was a gap in activity on Dye's cellphone during the time 
period of the homicides and in subsequent days that suggests Dye had been using 
the phone but deleted certain activity from it during that time period.

An extraction of data from Dye's phone included text messages and pictures that 
indicate drug trafficking and possession of firearms, according to a filing by 
Chambers.

A hearing has been set May 24.

(source: Bowling Green Daily News)








COLORADO:

Jury seated in murder trial of Glenn Galloway



Following 2 months of interviewing hundreds of prospective jurors in the death 
penalty case against Glenn Galloway, opening statements will get underway 
Monday in the murder trial.

Glen Galloway, 46, is accused of shooting and killing Marcus Anderson and then 
using Anderson's truck to drive to the home of his ex-girlfriend Janice Nam who 
was shot in the head. Galloway was previously convicted of stalking Nam.

Court documents show that Nam first pressed charges and filed for a protection 
order against Galloway for stalking in April 2014. He was not arrested until 
December 2014. Galloway was found guilty of felony stalking in October 2015. 
Galloway was scheduled for sentencing in January 2016, but failed to appear, 
according to court documents. Nam was found shot to death in her home in May.

Rather than the standard 12 jurors plus 2 alternates, the court will seat 18 
people in this case.

Scott Sosebee, the District Administrator for the 4th Judicial District 
explained that the 4 extra alternates are needed due to the length of the 
trial.

"Generally you're going to need a larger alternate pool in order successfully 
get through the case. So, that's why you're going to have a larger jury with 
these types of cases," Sosebee said.

The last criminal suspect to be charged with capital murder in El Paso County 
was Marco Lee. Rather than go through a death penalty trial, Lee was sentenced 
to life in prison through a plea agreement in which he admitted to shooting and 
killing Colorado Springs Police Officer Ken Jordan. Lee was sentenced in 
December 2008.

(source: KOAA news)








NEVADA:

Death Row inmate could get executed with newest State Supreme Court ruling



The Nevada Supreme Court has reversed an 8th District Court ruling in the 
prolonged court fight over a convicted murder's desire to be executed.

The decision could clear the way for his execution.

A few months ago, the District Court heard arguments about Scott Dozier's 
decision to end all appeals and have his execution carried out. He made his 
wish known in late 2016.

District Court Judge Jennifer Togliatti signed Dozier's death warrant, and the 
state planned to proceed using an experimental 3-part drug cocktail.

The ACLU argues they have a fundamental issue against the government's ability 
to execute its own citizens.

One of the cocktail's 3 drugs was the paralytic Cisatracurium, and Dozier's 
legal team argued its use would amount to cruel punishment.

"It doesn't matter if the person is asking or wants to die. The issue for us 
fundamentally is the death penalty," ACLU attorney Tod Story said.

Judge Togliatti ruled that the state could proceed with the 1st 2 drugs but not 
the paralytic. That decision went to the state Supreme Court, putting Dozier's 
execution on hold.

However, in a unanimous ruling announced Thursday, the Nevada Supreme Court 
reversed the District Court's decision to ban the paralytic. The justices said 
the District Court did not have the authority to decide which drugs were to be 
used and which were not.

Local defense attorney Damian Sheets said by the Nevada Supreme Court order to 
lift the judge???s ruling the state can proceed with that execution and with 
the new 3-drug combination. Now the judge has to make a new ruling.

While the ruling does not determine whether Dozier will be executed, it does 
open the door for the state to use its drug cocktail.

If the attorney's trying to stop the execution fail at local levels they can 
appeal to federal courts.

(source: KSNV news)