[Deathpenalty] death penalty news----TEXAS, S.C., FLA., TENN., USA, US MIL.

[Rick Halperin]

August 12



TEXAS:

Routier defense can explore evidence



A judge in Dallas County, Texas, has issued an order giving defense attorneys 
representing Darlie Routier, a former Altoona woman on death row for the 1996 
murder of one of her young sons, access to the district attorney’s files in the 
case.

Routier’s mother, Darlie Kee, who was raised in Altoona and still has many 
relatives in the area, sees this as another positive sign that her daughter is 
close to receiving a long-awaited hearing that could result in her either 
receiving a new trial or exoneration.

Darlie Routier’s case has been the subject of many reviews on television, 
including a recent airing of ABC’s “The Last Defense,” which explored several 
cases in which the alleged perpetrators continue to maintain their innocence 
despite serving many years in prison.

Routier was arrested in June 1996 for the stabbing deaths of her 2 older 
children, Devon, 6, and Damon, 5, that occurred in the upscale home she shared 
with her husband, Darin, in Rowlett, Texas.

While Routier reported that an intruder entered the home during the early 
morning of June 6, 1996, stabbing her and the two children, who were sleeping 
in a downstairs television room.

Police, however, quickly concluded that there was no intruder and that Routier 
committed the murders, even though she also suffered many serious knife wounds, 
including one on her neck that was 2 millimeters - about 5/64 of an inch - from 
her carotid artery.

The young mother, while charged with the killings of both children, was tried 
in early 1997 only in the killing of 5-year-old Damon because it was a crime 
that carried with it the possible death penalty.

Routier is represented by several Texas attorneys, including Richard B. Smith 
and J. Stephen Cooper and the Innocence Project of New York.

The Routier post-conviction appeal has been stalled for more than a decade as 
DNA testing of blood samples from the crime scene have been underway.

According to an update filed in June by the defense and prosecution attorneys 
with the U.S. District Court for West Texas, the DNA testing is continuing.

But as of late last year and early this year, several developments have 
occurred that have brought hope to Routier’s mother.

The Innocence Project has joined the defense, and Dallas County District Judge 
Gracie Lewis has ordered the running of 2 bloody fingerprints that were 
collected from a coffee table at the scene but as of yet, have not been 
identified.

Kee hopes the prints the may lead to a possible suspect who, Routier claims, 
entered the home that fatal night.

Just a couple of weeks ago, Judge Lewis issued another order granting the 
defense access to the district attorney’s files in a effort to determine if the 
prosecution withheld exculpatory information from the defense in preparation 
for the 1997 trial.

Prosecutors are mandated to provide information in their possession that may be 
helpful to the defense.

The judge went to great lengths in her order to limit access to the files to 
representatives of the defense, expert or other witnesses for the defense, and 
Routier.

Before Routier or prospective witnesses can review items in the file, the 
defense attorneys must redact addresses, telephone numbers, driver’s license 
numbers, Social Security numbers, dates of birth and bank account numbers that 
would tend to identify the individuals in question.

Any information that the defense wants to disclose publicly must first be 
reviewed by the court, the Lewis order stated.

Kee this past week commented, "I think it is a good motion because they (the 
defense) will review everything (the) prosecutors did."

Post-conviction hearings in both the Dallas County Court and Federal District 
Court for West Texas remain on hold.

(source: Altoona Mirror)








SOUTH CAROLINA:

Dad who killed his 5 kids sentenced to death



Timothy Jones Jr, 37, had been given custody of Merah Jones, 8, and her 
siblings Elias, 7, Nahtahn, 6, Gabriel, 2, and 1-year-old Abigail when he split 
from his wife Amber.

Amber had had an affair with a 19-year-old neighbor after her husband’s devout 
religious beliefs saw him expect her to be always subservient.

After the split, Jones, who had a well-paying IT job, was given custody of the 
children.

He began to beat his children, following the Biblical instruction, 'thou shalt 
beat him with the rod, and shalt deliver his soul from hell,' reported AP News.

In August 2014, Jones forced Nahtahn, who had expressed his wish to live with 
his mum again, to exercise for hours until he collapsed as punishment for 
breaking a power socket and denying it.

Jones found his son dead in his bed at their home in South Carolina afterwards, 
and then strangled or choked his other children to death.

Jones put the 5 bodies into his car and drove around for nine days during which 
he searched for how to 'disintegrate' bodies. He eventually dumped them in bin 
bags in Alabama.

He was later arrested after being stopped at a roadside drink driving 
checkpoint in Mississippi when a police officer noticed a terrible smell coming 
from his car, reported The Sun.

Inside, officers found blood and maggots as well as notes that read 'melt 
bodies!' and 'saw bones to dust'.

Jones later told police he had sent his children to 'heaven together.'

During his trial this year in Lexington County, prosecutors described Jones as 
a 'selfish, evil' man who killed his children as an act of revenge.

Meanwhile, his defence claimed Jones, who had custody of the children, had 
undiagnosed schizophrenia and was using cannabis and alcohol. The court also 
heard Jones had had an incredibly difficult upbringing.

During his trial, Associated Press reported Amber broke down as she explained 
how her marriage ended and her love for her children who she’d hoped to win 
back.

In June this year Jones was found guilty of 5 counts of murder.

His ex-wife asked for him to be shown mercy, despite her heartbreak. 'He did 
not show my children any mercy by any means,' she said. But my kids loved him 
and if I'm speaking on behalf of my kids and not myself, that's what I have to 
say.'

A jury sentenced Jones to death after taking 2 hours to decide whether he 
should face the death penalty or life imprisonment. His sentence is due to be 
carried out in November.

(source: thatslife.com.au)








FLORIDA:

Grant Amato trial: Jury to decide whether Chuluota man should get death 
sentence for killing family



Should Grant Amato spend the rest of his life in prison for slaying his parents 
and brother inside the family’s Chuluota home in January — or should he be 
executed?

That’s the question facing jurors in Amato’s 1st-degree murder trial when they 
return to a Seminole County courtroom this morning. The 12-member jury was last 
in court July 31, when they deliberated about eight hours before finding Amato 
guilty of killing Margaret, Chad and Cody Amato.

Prosecutors said Amato snapped after his family tried to derail his online 
relationship with a Bulgarian webcam model, Silvie, for whom he had stolen 
roughly $200,000 from his father and brother.

The trial is set to resume at 8:30 a.m.

Arguments and testimony in the trial’s guilt phase lasted just more than a 
week. During a hearing Thursday, attorneys in the case said they expect the 
penalty phase to move much more quickly - with only a handful of witnesses for 
each side, testimony could conclude as soon as today, they estimated.

Jurors have only 2 options on the table: life in prison, or capital punishment.

In order for Amato, 30, to be sent to death row, the jury will have to 
unanimously recommend execution.

Deputies seek suspects in shooting of woman, 59, in Apopka In a court filing, 
his lawyers listed several factors they plan to cite in arguing against the 
death penalty: Amato’s lack of a significant prior criminal history; his age; 
that he was raised as a Christian; that he was an “excellent” student and a 
college graduate; that he was a nurse, who “[d]edicated [his] professional 
life" to proving health care; and his lack of a disciplinary history while in 
jail.

Another factor they cited: "Was good brother/best friend of Cody Amato."

(source: Orlando Sentinel)

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

Final hearing set for Monday in Donald Davidson death penalty case----Despite 
his rare guilty plea, Davidson is still entitled to a final hearing to present 
additional evidence.

The death penalty trial of accused rapist and murderer Donald Davidson reaches 
its penultimate stage Monday, with a final hearing expected before the judge 
issues sentence.

Davidson pleaded guilty to 1st-degree murder, kidnapping and capital sexual 
battery in a 2014 crime spree that claimed the life of 35-year-old Roseann 
Welsh in her Middleburg home and terrorized her 10-year-old daughter.

He was a registered sexual predator at the time.

Davidson’s guilty plea is a rarity in death penalty cases, and eliminated the 
guilt phase of his trial. The penalty phase was held in July, but he is still 
entitled to a "Spencer Hearing," which offers a defendant one last chance to 
provide evidence before the judge renders a life or death sentence.

Circuit Judge Don Lester is not expected to pronounce sentence at Monday’s 
hearing, which is expected to be brief.

(source: firstcoastnews.com)








TENNESSEE:

Escaped inmate Curtis Watson captured after 5 day manhunt, could face death 
penalty



Escaped inmate Curtis Watson was captured in Henning, Tennesee Sunday morning 
after 5 days on the run.

According to the TBI, around 3:30 a.m. Sunday Morning, a Harvey and Ann 
Taylor's outdoor camera system captured an image of Watson. Within 30 minutes, 
hundreds of law enforcement were on the scene about 10 miles from the prison 
where Watson escaped.

Watson was captured around 11 a.m. According to the TBI, Watson surrendered 
without incident.

Watson faces several new charges, including 1st degree murder in the death of 
TDOC Administrator Debra Johnson, aggravated sexual battery and escape. He will 
be arraigned later this week. Prosecutor Mark Davidson said they will consider 
seeking the death penalty.

The video captured by the Taylors' camera showed Watson opening an outdoor 
refrigerator at the home. The homeowner said he stole several water bottles.

It's unclear if the Taylors will get the $57,000 reward for Curtis' capture, 
but the TBI says it will be discussed.

"We have no indication that anyone assisted him," investigators said after 
Watson's capture, adding that everything he had, including a change of 
clothing, had been stolen. They said Curtis was relieved after being arrested, 
telling police he knew we wouldn't be able to escape given the number of law 
enforcement in the area, which is estimated to have been 300-400 during the 
search.

They believe he spent all 5 days within the area near the prison.

Watson escaped from the West Tennessee State Penitentiary on August 7, his 44th 
birthday.

Several agencies including TDOC, THP, FBI, US Marshal's, TBI and the ATF helped 
with the search.

6 deputies and 2 K-9s from Henry County are in Henning helping with the search 
for Watson.

(source: WTVF news)








USA:

Hearing scheduled for synagogue massacre defendant



A man charged with killing 11 worshippers at a Pittsburgh synagogue last year 
has a court hearing Monday.

Authorities say Robert Bowers opened fire with an AR-15 rifle and other weapons 
during worship services inside Tree of Life synagogue, killing 8 men and 3 
women before police shot and wounded him.

Bower allegedly expressed hatred of Jews during the Oct. 27 rampage and later 
told police that "all these Jews need to die." It was the deadliest attack on 
Jews in U.S. history.

Federal prosecutors and the defense will be in court to review the progress of 
the case. Prosecutors have not made a final decision on whether to seek the 
death penalty.

Bowers has pleaded not guilty to hate crimes and other offenses.

He's not expected to be in court.

(source: Associated Press)








US MILITARY:

Resuming federal executions unlikely to affect military death row



The Trump administration’s plan to begin executing federal death row inmates 
for the 1st time in 16 years will have little effect on the 4 soldiers 
sentenced to death, military lawyers and the Army said.

They include Ronald Gray, a former cook who was convicted 3 decades ago of 
multiple rapes and 4 murders near Ft. Hood, Texas, and was scheduled to be 
executed in 2008. The case remains ongoing in Kansas federal district court, 
with no clear end in sight.

"The case is a procedural morass," said Robert Dunham, executive director of 
the Death Penalty Information Center, a nonprofit that provides analysis and 
information on capital punishment.

Also on death row is former Sgt. Hasan Akbar, convicted in 2005 of killing 2 
officers and wounding 14 other soldiers 2 years earlier in Kuwait; Timothy 
Hennis, a master sergeant convicted in 2010 of the 1985 rape and murder of a 
woman and her 2 children; and Nidal Hasan, an Army psychiatrist convicted in 
2013 of killing 13 people and wounding numerous others on Ft. Hood in 2009.

All "are in various stages of legal action," Army spokesman William Sharp said 
in an email. When and how those actions might conclude is unknown.

Presidents must approve the execution of those sentenced to death at 
court-martial, after receiving a recommendation from the secretary of the 
associated service branch. The Navy has not executed any of its members since 
1849.

No military death row inmates have been put to death since 1961, when Pvt. John 
Bennett was hanged for raping and attempting to kill an 11-year-old girl.

The last execution of inmates on the federal death row, now holding about 60 
prisoners, was during the Bush administration in the early 2000s, after a 
40-year hiatus. The executions by lethal injection included Oklahoma City 
bomber Timothy McVeigh; a drug kingpin; and a retired Army Ranger who’d raped 
and murdered a young airman he’d kidnapped from a Texas air base.

"Nobody has been in a rush to get these cases through the system," said Eugene 
Fidell, a professor at Yale Law School. "We have not had presidents who have 
gone out of their way to empty the federal death rows."

Resuming federal executions could have "a slight impact" on the military 
system, said retired Lt. Col. Jeffrey Addicott, a St. Mary’s University, Texas 
law professor in favor of the death penalty. "But it’s more window dressing 
than anything else. The appellate process in both systems is broken."

President Donald Trump is a death penalty proponent who has called for making 
more crimes eligible for the sentence.

"President Trump has never given any reason to believe he opposes the death 
penalty; quite the reverse," Fidell said. "So I don’t believe he would veto any 
military execution unless the accused could point to some act of valor, which I 
don’t believe any of the current crop of military capital convicts can do."

Trump has indicated interest in providing clemency to American military members 
accused or convicted of war crimes.

In May, he granted a full pardon to former Army 1st Lt. Michael Behenna, who 
spent 5 years in prison after being convicted of murdering an Iraqi man in 
custody in 2008.

Trump has also made statements in support of Maj. Mathew Golsteyn, a Green 
Beret charged in the 2010 killing of a Taliban bomb maker.

The plan to resume federal executions comes at a time when public support for 
the death penalty - at 54% in favor - is at its lowest point in decades, 
according to the Pew Research Center.

The reasons for the decreasing support include the 156 people have been 
exonerated from death row since 1973, raising concerns about executing innocent 
people. Other arguments in opposition include substandard trial lawyers, 
geographic disparities in its application and disproportionate numbers of 
minorities sentenced to death.

13 servicemembers condemned to death over the past 3 decades have been 
re-sentenced to life in prison, usually after appellate courts found errors 
conducted in their courts-martial.

(source: Stars and Stripes)