[Deathpenalty] death penalty news----TEXAS, VA., GA., FLA., S. DAK., COLO., NEV.

[Rick Halperin]

Oct. 26


TEXAS:

'Texas says death row, we say hell no!'



Death row families, death row exonerees, activists and abolitionists gathered 
at the Texas Capitol Thursday in a powerful show of unity to demand that 
executions stop and the death penalty be abolished.

The crowd welcomed five survivors from Witness to Innocence, who shared what it 
was like to be sent to death row and face execution even though they were 
innocent. As Albert Burrell, Shujaa Graham, Ron Keine, Gary Drinkard and 
Derrick Jamison introduced themselves, the crowd roared in solidarity.

"We owe them a debt of gratitude for traveling to Austin as living examples of 
innocent people who survived years on death row before walking free as 
exonerees," said organizer Scott Cobb of the Texas Moratorium Network.

Between tears and hugs and fists in the air, the families of people on death 
row took the stage. They live with the fear of death hanging over them and 
their families every day, knowing their loved one could be the next person 
added to Texas' execution schedule.

Families of George Curry, Louis Castro Perez, Juan Balderas, Humberto Garza, 
Paul Storey and Jeff Wood each introduced themselves, as did the family of 
Ramiro Hernandez, who was executed in 2014.

Activist Nicole Combs spoke about the 6 women on death row in Texas. Combs is 
an organizer with Help Inmates Smile, which supports all on death row in Texas. 
Last weekend in Dallas, the supporters of 1 of the women, Darlie Routier, who 
has steadfastly proclaimed her innocence, held rallies at the courthouse to 
demand long-sought-after DNA testing.

As the activists marched through downtown Austin from the Capitol to the 
governor's mansion, smiling onlookers gave thumbs-up to the chants and messages 
on the signs.

This public support is reflective of changing views on capital punishment even 
in Texas, which has executed 555 people since the reinstatement of the death 
penalty in 1976. There were 406 executions in the U.S. in 2000 and just 23 last 
year.

Public support in the U.S. for the death penalty has declined from almost 80 % 
in 1968 to 54 % today. According to an Oct. 26, 2017, Gallup Poll, "Americans' 
support for the death penalty is lower than it has been in over 4 decades. 
Fewer states now allow the death penalty than did so in the past."

The number of executions has also declined in recent years. In 2000, when Texas 
executed 40 people, the state averaged 1 execution every 12 days. Now 
executions are down in Texas and around the country.

Washington state's Supreme Court declared the death penalty unconstitutional on 
Oct. 11, bringing the total to 20 U.S. states without capital punishment and 4 
with a moratorium on executions. Most states that have the death penalty on the 
books do not use it. Executions happen most often in former Confederate states. 
The number of people being sentenced to death there has also declined.

Organizer Delia Perez-Meyer, sister to Louis Perez on death row, said after the 
march and rally: "We are so thankful to our beloved exonerees who traveled to 
Austin to support our families in our efforts to abolish the death penalty. ... 
It was a wonderful weekend filled with great joy, lots of laughter and tears, 
remembering those who have passed and looking to the future when we no longer 
kill our own citizens in the name of justice!"

(source: Workers World)

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

Plot to kill Uptown dentist unlike any case Dallas detective has seen, he 
testifies



The killing of pediatric dentist Kendra Hatcher in an Uptown parking garage was 
the most planned case one Dallas police detective has ever investigated, he 
testified Wednesday.

It's a murder scheme that prosecutors say involves a jilted lover, a getaway 
driver and a triggerman who told police he believed he was doing cartel 
business.

The shooting suspect, 34-year-old Kristopher Love, is on trial this week on a 
capital murder charge in the September 2015 slaying of Hatcher. If convicted, 
he could face the death penalty.

Hatcher, 35, was found dead from a gunshot wound in the back of her head about 
8 p.m. Sept. 2, 2015. Surveillance footage from the garage showed someone 
walking toward Hatcher's car and then back to a black Jeep Cherokee.

The owner of the Cherokee saw the surveillance photos on the news and told 
police he loaned the vehicle to Brenda Delgado. Delgado said she let her 
friend, 26-year-old Crystal Cortes, borrow the Jeep the day Hatcher was killed.

Jurors on Wednesday watched several snippets of the 20-hour police interview 
with Love, who was questioned a month after the slaying.

"I know I ain't murdered nobody, especially not a white dentist," Love told 
Detective Eric Barnes during the interview.

At that point in the interview, all Barnes had told Love was that a dentist 
named Kendra Hatcher had been killed.

Love denied knowing Delgado or Cortes and said he had never seen either woman 
before. Witnesses told police they had seen Love meeting with Delgado and 
Cortes in the weeks before the shooting.

Delgado, 36, is accused of being the mastermind behind the dentist's death, a 
plot allegedly fueled by jealousy over Hatcher's relationship with Delgado's 
ex-boyfriend.

Cortes, the getaway driver, was arrested within days of the slaying and led 
investigators to Love. She said Delgado paid her $500 to shuttle Love to and 
from the parking garage.

Love was paid in "drugs and money," Cortes said.

Delgado fled to Mexico after she was interviewed by police on Sept. 4, 2015. 
She was extradited in 2016. She's charged with capital murder but is not 
eligible for the death penalty because of the extradition agreement.

Cortes pleaded guilty to a reduced charge of murder last week. She is expected 
to receive a 35-year sentence in exchange for her testimony against Love and 
Delgado.

On Wednesday, defense attorney Paul Johnson asked Barnes if he knew prosecutors 
had offered Cortes the reduced murder charge and sentence. If Cortes had been 
convicted of capital murder, she would've received an automatic life sentence 
without the possibility of parole.

Barnes said he didn't know Cortes was offered the 35-year sentence until he 
read it in the news this week.

Cortes testified Tuesday that she played a much bigger part of planning 
Hatcher's murder than she initially told investigators.

She said that it was her idea to follow Hatcher for 2 weeks beforehand. She 
also admitted to suggesting Love wear gloves when handling the gun and 
inquiring about buying a silencer to dull the sound of the gunshot.

Johnson asked Barnes about the "inherent fairness" of prosecutors' seeking the 
death sentence against Love when Delgado and Cortes were planning the attack on 
Hatcher before Love was involved.

"I have no doubt Kristopher Love was heavily involved in the planning of this 
offense," Barnes said.

The defense attorney also questioned the homicide detective about whether 
Hatcher's "life was virtually over" the moment Delgado started asking people to 
hurt the woman. Barnes said no.

"It still had to take someone willing to pull the trigger, willing to take her 
life for it to happen," the detective said of Love.

Investigators found a .40-caliber Smith & Wesson hidden in Love's car. A 
firearms expert testified that the gun matched a fired cartridge casing found 
in Hatcher's car.

Love denied owning the gun before the shooting. He said he bought it later.

"To tell you the truth, I bought that gun from that girl," Love told Barnes.

"What girl?" the detective asked.

"Crystal," Love said.

He claimed he bought the gun days after Hatcher was killed, but Cortes was in 
jail by Sept. 5, 2015.

Love continued to deny knowing Delgado until he was told he could face a 
capital murder charge.

"Why did y'all let Brenda go if you had her?" Love asked Barnes.

Barnes told Love that "the timing wasn't quite right."

That's when Love started talking about Delgado. He said Delgado told him the 
cartel wanted Hatcher's ID stolen. Love said that's all he was trying to do 
when he approached Hatcher. He said she fought him and he ran with her purse 
toward the Jeep.

Love said Cortes must have been the one who shot Hatcher.

Surveillance footage only shows one person get out of the Jeep, and the Jeep 
doesn't stop after Love gets back in.

Love said that immediately after the shooting, he started thinking about how 
much trouble he was in.

"I started drinking twice as much since this [expletive] happened. I've been 
thinking about this [expletive]," Love said.

He said Delgado gave him cocaine and marijuana to steal Hatcher's ID. He told 
Barnes that Delgado was "the top of the puzzle y'all need."

But Barnes told Love during the interrogation that Hatcher had nothing to do 
with a drug cartel and there was no reason a cartel would want to steal her ID 
or harm her.

"They ran a game on you," Barnes said. "She has nothing to do with any cartel. 
She was just a dentist who goes to work every day."

(source: Dallas Morning News)

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

An in-depth explanation of capital murder trials----Capital murder trial 
details



The Compton trial is the 1st trial in 30 years where the death penalty has been 
sought in Jones county.

"They have that right until the State of Texas meets their burden in proving 
that the defendant is guilty of the offense of which they are charged," said 
Brooks Hagler, Judge for the 259th District Court.

In a capital murder trial, there are 2 phases, guilt/innocence and punishment.

"In a guilt/innocence, you are truly dealing with just the facts of that 
particular event and in a punishment trial, whether its the judge or jury they 
have the benefit of seeing a bigger picture as to who the person is as an 
individual," said Judge Hagler.

It's more than guilty or not guilty, the 2nd phase, which can be just as long 
or longer than the 1st, deals with punishment and in capital murder trials the 
death penalty can be an option.

"If the state chooses to pursue the death penalty then for sure that phase of 
the trail, the punishment phase of the trial is going to be in front of a jury 
of the individuals peers," said Judge Hagler.

Jury selection for these specific trials can be more in depth and time 
consuming.

"The jurors are interviewed on an individual basis so you bring jurors in one 
at a time. It's in the court room, it's in front of the judge and all the 
attorneys involved," said Judge Hagler.

They assess each person to ensure a fair and even jury.

"They are interviewed on the record as it relates to really their opinion on 
lots of things but obviously you hone in on evaluating someones opinion as it 
relates to the death penalty," said Judge Hagler.

When it comes to cost these trials can prove expensive.

"It's very costly to the tax payers but I've also found that most people agree 
that it is necessary and that it is necessary and it is a part of the law that 
we need and they take the role of being a juror very serious and they should," 
said Judge Hagler.

(source: bigcountryhomepage.com)








VIRGINIA:

Split jury spares life of Army staff sergeant convicted of killing wife, rookie 
cop



Ronald Hamilton, the Army staff sergeant convicted of capital murder last month 
for killing his wife and a Prince William County police officer has been 
sentenced to life in prison.

In its 2nd day of deliberations, the jury of 10 women and 2 men spared Hamilton 
from what would have been the 1st death sentence in Virginia since 2011.

The jury was deadlocked at s6voting for a life sentence, and 6 voting for the 
death penalty. (Under Virginia law, if a jury can't reach a unanimous verdict 
in capital cases, the judge imposes life in prison.)

In reading the note from the deadlocked jury, Judge Steven Smith said that he 
would not go along with prosecutors' request to instruct the jurors to 
deliberate further. "The jury has given me clarity," Smith said. "The jury is 
deadlocked. I am not going to give the Allen charge," in which a judge 
instructs jurors to deliberate further to reach a unanimous decision.

Hamilton was convicted of shooting his wife, Crystal, in February 2016 after 
learning she planned to attend a male dance revue with her girlfriends. After 
shooting her several times with a handgun, Hamilton used an AK-47 when police 
kicked down the door of their Woodbridge home, killing police officer Ashley 
Guindon.

Guindon was on her 1st shift with the department. 2 other police officers were 
injured in the shooting.

In sentencing hearings, Hamilton's defense attorney urged jurors to show 
Hamilton mercy, citing his military service, which included 2 tours of duty in 
Iraq. Hamilton wore his military uniform during most of the trial.

"This is a question of morality," defense attorney Ed Ungvarsky said, asking 
them to spare Hamilton's life. "What does your conscience tell you?"

But prosecutor Richard Conway said soldiers "don't get a pass for capital 
murder." Another prosecutor, Matthew Lowery urged jurors to "put him in the 
grave, because that's what he deserves."

(source: WTOP news)





GEORGIA:

Preliminary hearings in 1987 re-trial of death penalty case begin


Over 30 years after his original trial began, the preliminary stages of a new 
trial were set in motion on Thursday for Timothy Tyrone Foster.

Foster, who is now 50, was sentenced to death in 1987 for the murder of retired 
school teacher Queen Madge White during a burglary at her home at Highland 
Circle — he was 18 at the time of the incident.

The 79-year-old woman had been attacked and molested before being strangled to 
death.

The U.S. Supreme Court overturned his conviction two years ago, on the grounds 
of black jurors being excluded from his original trial.

Then-district attorney Steve Lanier, who died this year, struck all four black 
potential jurors before the trial. By filing an open records request, Foster’s 
lawyers discovered notes from an investigator in the DA’s office which the high 
court ruled pointed toward the specific exclusion of those jurors based on 
race.

Once his conviction was overturned, Foster was moved back to the Floyd County 
Jail from Georgia’s death row in Jackson. At a preliminary hearing in February, 
the state expressed its intent to seek the death penalty and the process began 
again.

Part of that is a process called the Unified Appeal, essentially a checklist 
designed to protect a defendant’s rights.

The bevy of motions discussed in Floyd County Superior Court on Thursday 
covered a wide range of topics including attempting to suppress Foster’s 
comments after his arrest to general challenges to the constitutionality of the 
death penalty and lethal injections.

While many of the motions discussed in Thursday’s hearing did not necessarily 
center on this particular case, Christian Lamar of the Georgia Public Defender 
Council said the motions are not filed capriciously — there is an intent.

“This is how the law gets changed,” Lamar said.

In his original trial, and later in appeals, Foster’s attorneys contended he 
should not be able to face the death penalty because he was developmentally 
delayed at the time of the incident and functionally a juvenile.

“Mr. Foster was slightly over 18 at the time of the event,” Jerry Word of the 
Capital Defender’s office said. He contended that Foster’s intellectual 
capacity was much lower than his “chronological age.”

Along with several other points of contention, Assistant District Attorney 
Kevin Salmon said the issues — including Foster’s developmental issues — were 
addressed in proceedings prior to Foster’s 1987 trial.

Another round of hearings are set for May in Judge Billy Sparks’ courtroom.

(source: northwestgeorgianews.com)




FLORIDA:

Man convicted of killing 83-year-old woman seeks to reverse death sentence
--Juan Rosario was 'never violent,' says family friend


The man convicted of killing an 83-year-old woman did not testify on his own 
behalf Thursday as his attorneys attempted to convince a judge to reverse a 
jury's death sentence for their client.

Juan Rosario was convicted last summer of killing Elena Ortega and setting her 
house on fire to cover up the crime. A jury unanimously recommended he face the 
death penalty.

Rosario told the court on Thursday he would rather not speak, however a family 
friend, Joseph Padilla, testified that he has known Rosario since he was a 
child and never thought of him as a violent.

"He was never a violent person back then, which is why I was shocked by all of 
this," Padilla said. "I just never really saw him excelling or succeeding in 
life, and I know that's sad to say, but sometimes it's just obvious."

Prosecutors said he broke into the Ortega's home to rob her, then beat her to 
death and set the house on fire to cover it up.

Thursday's Spencer Hearing gave Rosario the chance to show why he deserves a 
different sentence.

A doctor who examined Rosario testified Rosario was once homeless, suffered 
from PTSD, and had a low IQ.

Padilla agreed. "He wasn't very smart at all, actually he couldn't read or 
write," he said.

Prosecutor Deb Barra argued Rosario's circumstances were less about mental 
disabilities and more about life choices.

"You are aware that he didn't go to school intentionally, right?" Barra asked 
Padilla. "You would agree with me sir, in order to read and write, it's better 
to stay in school and get that knowledge?"

Last year, when State Attorney Aramis Ayala announced she would not seek the 
death penalty, Gov. Rick Scott reassigned 22 cases to State Attorney Brad King, 
including Rosario's.

Of those cases, 3 have made it through the judicial process, but none have 
ended with a death sentence. Rosario would be the 1st person sentenced to death 
among those cases removed from Ayala's office.

Ultimately, Circuit Judge Leticia Marques will make the final decision about 
Rosario's sentencing.

(source: clickorlando.com)



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



Former Employer Of Berkshire DA Candidate Harrington Details Her Role In Death 
Row Cases


Over the course of the long, contentious campaign for Berkshire District 
Attorney, many claims have been made about the record of Democratic primary 
winner Andrea Harrington. WAMC went digging.

At her October 16th press conference to endorse write-in candidate and 
incumbent DA Paul Caccaviello, Judy Knight — the 3rd-place finisher in the 
close Democratic primary and formerly a critic of the DA — reiterated a 
frequent criticism of Harrington.

“With respect to what her background is, in terms of experience: she’s not been 
a criminal defense attorney for 15 years, I heard her say that a hundred 
times,” Knight said.

Since a Caccaviello campaign press release in early July, attacks on 
Harrington’s experience have flown from rival candidates. Caccaviello spoke 
with WAMC Thursday.

“That’s been a big issue that I’ve been encountering as I continue to talk to 
people and canvas, and people are — they really do want specifics on her 
resume,” said the DA.

At the press conference, Knight focused on a key part of Harrington’s resume, 
one that the Richmond-based attorney has mentioned often during the campaign.

“She was not reversing death penalty cases in Florida," said Knight. "She had 
an entry [level] — she tried to sort of buff it up so it looked like she had 
experience, but when you really looked at it, it really wasn’t there. To begin, 
she worked there for about a year and a half, this place in Florida. She had an 
entry level position. She worked on a couple of briefs along with other 
attorneys — she was never the lead attorney.”

The “place in Florida” is the Capital Collateral Regional Counsel, an agency of 
the state of Florida.

“My office represents Florida’s indigent death row clients after they have been 
convicted of a crime and they have exhausted their initial appeals. So this 
office will represent them in what is called post-conviction appeals, and 
Andrea Harrington was one such attorney that represented Florida’s death row 
inmates — or indigent death row inmates — in those appeals. And those appeals 
would normally come from guilt-innocent issues or mitigating issues," said Paul 
Norton, the administrative services director for the law office of the Capital 
Collateral Regional Counsel.

While a resume provided to WAMC by Harrington overstated her time at the office 
by a year, the office confirmed she worked there from 2004 to 2006.

Harrington explained what she described as “a small discrepancy that [she] has 
corrected” by claiming that her work with death row cases had continued after 
leaving Florida.

“When I moved back to Massachusetts, I continued to do contract work for an 
attorney that I had worked with,” she told WAMC.

Norton explained what kind of attorney work Harrington would have done on 
post-conviction death row appeals.

“What Mrs. Harrington would be looking for, is there any Guilt-Innocence that 
the public defender or the initial attorney might have missed on, and if not, 
is there also mitigating circumstances that can be mitigated from a capital 
crime to something less than a capital crime,” he said.

She and attorneys like her would have sought lesser sentences, like life in 
prison.

Norton said the Counsel’s teams would have 2 attorneys, 1 designated lead 
attorney, and at least 1 investigator. He said that while Harrington was 
qualified to take the lead position, she didn’t serve as one while at the 
Counsel.

“Because some of the cases that she was — was here in the office were already 
assigned to a lead attorney and then she would become what they call a 2nd 
chair,” he told WAMC.

Norton estimated the office would have handled around 70 clients at the time of 
Harrington’s employment.

“She would have had at least a minimum of about 7 or 8 cases,” said
Norton.

For her part, Harrington says she stands by her experience.

“I don’t need to exaggerate any of the work that I’ve done," she said to WAMC. 
"I am what I say I am.”

Election day is Nov. 6th.

(source: WAMC news)



SOUTH DAKOTA:

State plans to seek death penalty for man accused of 2016 killing of 
18-month-old


The state plans to seek the death penalty if a man accused of killing an 
18-month-old in 2016 is convicted at jury trial.

The Minnehaha County State's Attorney's Office filed a notice of intent this 
week saying the state intends to seek a jury recommendation of a death sentence 
if Keith Andrew Cornett is found guilty at trial.

Cornett, 38, was charged in December 2016 with first- and second-degree murder, 
1st-degree manslaughter and abuse or cruelty to a minor after his 18-month-old 
stepson was found unresponsive in his Dell Rapids home.

Should a jury find Cornett guilty of first-degree murder, the state will have 
to prove beyond a reasonable doubt the "aggravating circumstances" of a death 
penalty case are met, and it will be up to the jury to impose the sentence.

Those aggravating circumstances are that the offense was "outrageously or 
wantonly vile, horrible or inhuman in that it involved torture, depravity of 
mind, or an aggravated battery to the victim"; that the victim of the offense 
was less than 13 years old; and that the offense was committed by a person who 
has a felony conviction for a crime of violence.
Law enforcement officers on scene investigating a suspiciousBuy Photo

Law enforcement officers on scene investigating a suspicious death of a child 
Wednesday, Dec. 7, 2016, at the corner of 3rd Street and and Iowa Avenue in 
Dell Rapids, S.D. (Photo: Joe Ahlquist / Argus Leader)

Cornett has wanted his case to go to a jury trial from the beginning.

At a June hearing, Cornett pleaded with Second Circuit Court Judge Bradley Zell 
to give him new attorneys. He felt the ones he had from the Public Advocates 
Office were unprofessional and using his faith to manipulate him into taking a 
plea deal rather than go to a jury trial.

He requested new representation and said he'd rather represent himself than 
continue with his current attorneys.

"I want the truth to come out in this, and that's why I want to go to trial," 
Cornett said.

The court denied Cornett's request to represent himself knowing the state plans 
to seek the death penalty if he's found guilty. The court assigned Michael 
Butler and Clint Sargent, who have death penalty and murder trial experience, 
respectively, to represent Cornett.

A motions hearing for the case is scheduled in November. Jury trial is as of 
this week set to start in March 2019. Trial dates may change.

(source: Sioux Falls Argus Leader)




COLORADO:

Should Chris Watts face the death penalty? A look at capital punishment in 
Colorado


In a matter of days, Christopher Watts went from pleading in an interview with 
Denver7 for his wife and kids to come home, to wearing an orange jumpsuit and 
becoming one of Colorado's most notorious accused killers.

Police arrested Watts late on the night of Aug. 15 for allegedly killing his 
pregnant wife, Shanann Watts, and young daughters Celeste and Bella.

Watts faces three counts of 1st-degree murder, 2 counts of 1st-degree murder – 
victim under 12 in a position of trust, 1 count of 1st-degree unlawful 
termination of a pregnancy, and 3 counts of tampering with a deceased human 
body, according to Colorado court records and documents.

This isn't a story about why he did it; it is a story about a decision that 
could cost him his life.

5 of the aforementioned counts make him eligible for the death penalty.

Many Coloradans and people from around the world are already calling for Watts' 
execution and have even created a private Facebook group dedicated the topic.

Ultimately, the decision on whether to seek the death penalty against Watts 
lies solely on the shoulders of 1 person: Weld County District Attorney Michael 
Rourke.

Rourke has 63 days to make the decision after Watts' arraignment, a hearing 
that has not yet even been scheduled. A status conference hearing is scheduled 
for Nov. 19.

As the world waits for his decision, we're taking a deeper look at capital 
punishment in Colorado through the eyes of those who have been there.

A mother and lawmaker whose son was gunned down, the prosecutor who decided the 
Aurora theater shooter should face death, a lawyer who says capital punishment 
is nothing short of murder, and a juror whose belief forever changed from one 
experience.

Death penalty juror says experience changed him

"I grew up believing an eye for an eye, a tooth for a tooth, kind of deal and 
so I was in support of the death penalty," said juror Nate Becker.

Becker said he changed his mind on capital punishment after serving on the 
Edward Montour death penalty case in Douglas County.

"I walked away angry, I walked away disappointed in our judicial system," he 
said. "I felt the death penalty is not justice. It's vengeance and vengeance 
doesn't belong in our courts."

Becker's time on a death penalty jury came to an abrupt and emotional end after 
the judge let the defense present evidence sympathetic to the defendant. 
Evidence Becker believes should have come to light long before he was asked to 
potentially put a man to death. Evidence so strong, the prosecution ended up 
taking the death penalty off the table.

"It became very apparent to me that we are asking people to come to this 
conclusion and not providing them all of the information. We're hiding facts 
and we're hiding the information and asking them to do that," said Becker.

He also brings up another perspective: what about the heavy burden that kind of 
decision leaves on jurors?

"Is it fair? Is it fair to ask a person to live with that for the rest of their 
life?" Becker asked.

Watch the full interview with Nate Becker below:

Prosecutor in Aurora theater shooting trial says some cases warrant death

Arapahoe County District Attorney George Brauchler tried one of the highest 
profile death penalty cases in recent history.

"It was probably the hardest professional decision that I've had to make," said 
Brauchler.

"You weren't able to get death; do you think there was still justice?" asked 
Denver7 reporter Jennifer Kovaleski.

"I think there was justice from the standpoint of that's what our system 
produced," he responded.

Ultimately, 1 juror saved the life of the shooter responsible for killing 12 
innocent people inside the Aurora theater.

"We're not Texas, we're not Georgia, we're not Florida. We're the state of 
Colorado. We do this a bit differently and I think we do it the right way," 
said Brauchler. "The death penalty in Colorado is appropriate to distinguish 
what I will call regular murders from more aggravated heinous murders."

Lawyer says an eye for an eye is never the answer

"He is one of the few DA's, anywhere, in the whole state of Colorado, who 
regularly seeks the death penalty," said David Lane, one of the state's most 
respected defense attorneys who disagrees with Brauchler. "I am unalterably, 
completely, 100 percent opposed to the death penalty in all cases."

Lane thinks an eye for an eye should never be the answer.

"If you kill someone we are going to kill you means that we are stooping to 
exactly the same level that he stopped to. We are better than that," he said.

Mother and democratic lawmaker who supports the death penalty

For Democratic State Senator Rhonda Fields, the death penalty is personal.

"It's hard because every day I have a sense of emptiness. He was my only son. I 
taught him how to tie his shoes," said Fields.

Her son, Javad Marshall-Fields, was murdered in 2005 along with his fiancée, 
Vivian Wolfe.

Both were about to start careers and a life together in Virginia. Before they 
could start that life, Marshall-Fields was set to testify about the night his 
friend was murdered.

"He will never call me mommy again. I will never see him marry," said Fields. 
"All of that was taken from me because someone decided to silence a witness."

The men responsible for killing her son are now 2 of Colorado's three inmates 
sitting on death row.

The 3rd is Nathan Dunlap, convicted of killing 4 employees at an Aurora Chuck 
E. Cheese in 1993.

Governor John Hickenlooper granted Dunlap temporary reprieve in 2013 and left 
his fate up to the next governor.

Fields' fight for justice is still far from over.

"After 16 years, I've come to understand that you can't really debate or change 
someone's decision as it relates to who's for or against the death penalty," 
she said.

What's next in the Watts case

So where do you stand on this debate?

"At the end of the day, people's opinions on this are irrelevant to the pursuit 
of justice," said Brauchler.

For now, in the Watts case, the decision is still up to one person.

"(It) sits on the shoulders of Michael Rourke and he is the right person to 
make that decision," further explained Brauchler.

An accused killer who's future now hangs in the balance.

(source: thedenverchannel.com)






NEVADA:

Death penalty possible for suspect in Las Vegas tourist killings


Prosecutors could seek the death penalty for a man accused of killing 2
Vietnamese tourists in a Las Vegas Strip hotel room.

Julius Trotter, 31, was indicted Thursday on 2 counts of murder, 2 counts of 
robbery and 1 count of burglary in connection with the June 1 killings of 
38-year-old Sang Boi Nghia and 30-year-old Khuong Ba Le Nguyen, who were part 
of a tour group visiting Las Vegas.

Chief Deputy District Attorney Michelle Fleck said that authorities found 
credit cards and other items belonging to the 2 with Trotter when he was 
arrested in California days after the killings.

Details of the allegations are expected to be analyzed by prosecutors with the 
death penalty review committee within 30 days of the indictment, Fleck said.

After the tourists were found dead in their Circus Circus room, hotel engineers 
tested the door’s latch plate and determined it was “broken,” according to a 
Metropolitan Police Department arrest warrant. The engineers ran several tests 
and found the door wouldn’t “properly” close on its own, the police report 
said, indicating that the door could have easily been pushed open.

Police said at the time that the killer walked from door to door to see which 
were open and that there were no signs of forced entry to the tourists’ room 
inside the hotel at 2880 Las Vegas Boulevard South.

Fleck said Trotter was spotted on hotel security footage in the early morning 
hours of June 1 carrying 1 of the victims’ backpacks, before meeting with a 
woman and later checking into a room at the Palms, 4321 W. Flamingo Road.

Trotter used a player’s card in his name, and officers matched a previous 
booking photo and Palms security video to the man they saw on the Circus Circus 
footage, authorities have said.

Trotter previously was convicted of resisting an officer with a deadly weapon 
after a Jan. 14, 2017, traffic stop, court records show. He pleaded guilty to 
the charge after he drove away from a traffic stop and dragged an officer 75 
feet, according to a separate arrest warrant.

(source: Las Vegas Review-Journal)