[Deathpenalty] death penalty news----TEXAS, N.C., ALA., ILL., USA, US MIL.
Rick Halperin
rhalperi at smu.edu
Mon Feb 11 08:29:09 CST 2019
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February 11
TEXAS:
Texas Gives Billie (Billy) Coble Execution Date of February 28, 2019
Billie (Billy) Wayne Coble is scheduled to be executed at 6 pm CST, on
Thursday, February 28, 2019, at the Walls Unit of the Huntsville State
Penitentiary in Huntsville, Texas. Seventy-year-old Billie is convicted of the
murder of Waco Police Sgt. Bobby Vicha and his parents Robert and Zelda Vicha,
on August 29, 1989, in Axtell, Texas. Billie has spent the last 29 years on
Texas’ death row.
Billie was born in Texas. He graduated from high school and had 2 years of
higher education. Billie worked as an electrician prior to his arrest.
In July 1988, Billie Coble married his 3rd wife, Karen Vicha. They lived across
from Karen’s parents, Robert and Zelda Vicah, and down the road from Karen’s
brother, Waco Police Sgt. Bobby Vicha. After 1 year marriage, Karen told Coble
to move out and that she wanted a divorce. Coble attempted to persuade her
numerous times to change her mind, including randomly calling her and showing
up at her work place.
In 1 attempt to persuade Karen not to divorce him, Coble hid in the trunk of
her car while she was out with a friend. When she began to drive home, he came
through the back seat, held a knife to her ribs and told her to drive to a
field. After she stopped the car, he told her that if he couldn’t have her, no
one could. He pulled out a roll of black electrical tape, however Karen kept
talking, eventually convincing him that she would reconsider the divorce. When
Karen got home, she talked to her brother, who encouraged her to report the
kidnapping.
Coble was arrested for kidnapping, and released on bail. Meanwhile, Karen had
been given a German shepherd dog by her brother for protection. Coble commented
on the dog to Karen and a few days later, the dog was lying dead in front of
her house. 9 days after the kidnapping, Coble went to Karen’s house. As each of
Karen’s 4 children came home from school, including his 2-year-old son, Coble
handcuffed the children, tied up their feet, and taped their mouths. Coble cut
the telephone lines and left the house.
Coble went to Karen’s parent’s house, where he killed Robert, Zelda, and Bobby.
He then returned to Karen’s house and waited for her to arrive home. According
to one of the children, after returning Coble told the children that he wished
he “had blown you away like I intended to.” When Karen arrived home, Coble
informed her that he had killed her parents and brother. When she did not
believe him, he showed her the items he had taken from them. Coble forced Karen
to put on handcuffs and took her, saying he was going to torture her for a few
weeks.
Coble forced Karen into the car and then began driving. Karen attempted to
escape by freeing a hand from the handcuffs and grabbing the steering wheel and
forcing the car into a ditch. Karen grabbed a gun and attempted to escape by
shooting Coble, however the gun did not fire. Karen and Coble fought for the
gun, with Coble eventually pistol whipping Karen. When a passerby noticed what
was happening, Coble drove the car out of the ditch. Coble drove to a field,
where they stayed until dark.
Leaving the field, the passed a patrol car, who began following them. Coble saw
the car, grabbed a knife and began stabbing Karen. Coble then stated that he
did not want to die in prison and drove into a parked car. Karen and Coble were
both injured in the crash and both survived their injuries.
Coble was convicted and sentenced to death in July 1990. In 2007, the 5th US
Circuit Court of Appeals overturned Coble’s sentence, granting him a new
sentencing trial. A new jury also sentenced him to death.
Please pray for peace and healing for the family of Robert, Zelda, and Bobby
Vicha. Please pray for Karen Vicha and her children. Please pray for the
strength for the family of Bobbie Coble. Pleas pray that if Bobbie is innocent,
lacks the competency to be executed, or should not be executed for any other
reason, that evidence will be provided prior to his execution. Please pray that
Bobbie may come to find peace through a personal relationship with Jesus
Christ, if he has not already.
(source: the forgivenessfoundation.org)
NORTH CAROLINA:
Survey finds most NC voters oppose death penalty
The poll says voters favor life sentences and restitution payments.
A new poll released by the North Carolina Center for Death Penalty Litigation
says 51 % of North Carolina’s voters say the state should replace the death
penalty with sentences of life in prison without parole.
If this statistic holds, it will be a significant change in public opinion of
the death penalty in North Carolina. For example, in 2015 a survey by High
Point University said 72 % favored capital punishment.
The new survey, of 501 voters from Jan. 30 to Feb. 1 by Public Policy Polling,
comes 12 years after an unofficial moratorium on executions began in North
Carolina. The survey has a margin of error of plus or minus 4.4 %.
Executions scheduled for early 2007 in North Carolina were halted by litigation
challenging the method and legality of North Carolina’s lethal injection
process. Since then, executions have been further delayed by litigation over
North Carolina’s Racial Justice Act, a short-lived law that allowed death row
inmates to seek commutations to sentences of life without parole if they could
persuade a judge that racism tainted their trials.
North Carolina has not executed anyone since August 2006, although some inmates
have been added to death row in that time. And in that time, five inmates have
come off death row because they were found to have been wrongly convicted, the
center said in a news release.
A poll’s results can hinge on how its questions are phrased and presented.
The 2015 High Point University poll asked respondents, “Thinking in general
about your views of the death penalty, are there any crimes for which you
believe people should receive the death penalty?”
And 72 % said “yes.”
The new Public Policy Polling survey posed the question this way: “Do you think
North Carolina should definitely, probably, probably not or definitely not
replace the death penalty with a sentence of life in prison without parole?”
A total of 51 % said the death penalty definitely or probably should be
replaced with sentences of life without parole. That compares with 44 % who
said the death penalty should stay, and 6 % who were not sure.
The new survey had additional questions, most presented before that one, that
had the respondents think in detail and with nuance about the death penalty. It
asked whether they thought innocent people had been wrongly executed, whether
race is a factor in who gets the death sentence, and whether murderers should
be required to work to pay restitution instead of being executed.
If the new survey had instead asked simply asked at the beginning, “Should
North Carolina have the death penalty?” the results may have been different.
Here are some of the survey’s other findings:
• 70 % thought it somewhat to very likely that an innocent person has been
executed in North Carolina.
• 57 % thought racial bias affects whether someone receives a death sentence.
• 72 % opted against the death sentence for 1st-degree murder if instead the
killer were to be sentenced to a lengthy prison sentence or a life sentence. In
some of the answers, the respondents wanted the killer to work and pay
restitution. Only 25 % of those who answered this question called for the death
penalty.
(source: Fayetteville Observer)
ALABAMA:
Bishops blast Alabama for denying inmate his imam at execution
In the wake of the Supreme Court and the state of Alabama denying a Muslim
inmate’s request to have an imam present at his execution, Catholic leaders
have decried the move as “disturbing” and an affront to religious liberty.
Domineque Ray, a death row inmate in Alabama, had requested to have his imam
present at the time of his death on Feb. 7. However, the Alabama prison
maintained that it was a security risk to allow an individual that was not an
employee of the prison to be present.
The standard practice of the state is to allow a Christian chaplain inside the
execution chamber at the time of the execution.
Last Wednesday, a Federal Appeals court granted a stay in the execution, but on
Thursday by a vote of 5-4 the Supreme Court allowed it to go forward.
Ray had been sentenced to death in 1995 for the rape and murder of a
15-year-old girl, Tiffany Harville. Following the Supreme Court’s decision, Ray
was executed on Thursday evening, while his imam, Yusef Maisonet, was required
to watch from another room via a glass panel.
In response, the United States Conference of Catholic Bishops (USCCB) issued a
statement expressing a two-fold disapproval of both the death penalty and the
decision to deny Ray proper spiritual care.
“The execution of Domineque Ray deeply troubles us. The death penalty itself is
an affront to human dignity, and the Church has long called for its abolition
in the United States and around the world. Mr. Ray bore the further indignity
of being refused spiritual care in his last moments of life, in violation of
the First Amendment to the U.S. Constitution and Alabama law,” they wrote.
The statement was issued on Friday by Archbishop Joseph Kurtz of Louisville,
chairman of the USCCB Committee for Religious Liberty, and Bishop Frank Dewane
of Venice, Florida, chairman of the Committee on Domestic Justice and Human
Development.
“This unjust treatment is disturbing to people of all faiths, whether Muslim,
Christian, Jewish, or otherwise. People deserve to be accompanied in death by
someone who shares their faith.”
“It is especially important that we respect this right for religious
minorities,” the bishops said. “As Pope Francis said during his recent trip to
the United Arab Emirates, ‘What we are called to do as believers is to commit
ourselves to the equal dignity of all.’ Let us make this commitment today.”
Religious liberty was one of the primary themes during Francis’s February 3-5
trip to the United Arab Emirates.
The Court’s decision was also condemned by a range of Catholic legal scholars
and activists, who took to social media to express their outrage.
Professor Robert George, a constitutional law scholar at Princeton University,
wrote on Twitter: “What Alabama did in not allowing a condemned man to have a
clergyman of his own faith with him when he was executed was wrong. It did not
need to happen and should not have.”
Professor Francis Beckwith who teaches courses on religion and jurisprudence
issued a similar statement on Twitter.
“This is a moral outrage. Shame on Alabama for egregiously violating this man’s
religious conscience,” he wrote.
On Friday, the Catholic Mobilizing Network Against the Death Penalty said, “As
people of faith, we are deeply saddened by the fact that Alabama would not
allow Domineque, a devout Muslim, to have an imam present for his execution…To
bar a condemned man’s spiritual adviser from his execution chamber is to strip
his very last shred of human dignity away from him. Alabama did nothing to
uphold a culture of life last night.”
Sister Helen Prejean, one of the nation’s most prominent anti-death penalty
activists, called the execution “wrong in so many ways.”
Ray’s execution comes at a time when the use of the death penalty is on the
decline in the United States.
In 2018, there were fewer than 30 executions and 50 death penalty sentences,
marking a historic low.
In August 2018, Francis updated the Catechism of the Catholic Church and
declared that the death penalty is “inadmissible.”
“The death penalty is inadmissible because it is an attack on the inviolability
and dignity of the person,” reads the Catechism now, with the addition that the
Church “works with determination for its abolition worldwide.”
(source: cruxnow.com)
ILLINOIS:
Fact-check: Preckwinkle misrepresents Mendoza’s death penalty stand
A few months ago we gave a Mostly False rating to a claim by Chicago mayoral
candidate Susana Mendoza that, as a member of the Illinois House in 2011, she
had cast the deciding vote to abolish the state’s death penalty. Mendoza, now
the state comptroller, did vote to end executions, but records and news reports
from those days made it clear that the fate of the measure didn’t turn on her
support.
Now, mayoral rival Toni Preckwinkle is out with a new ad that revisits
Mendoza’s death penalty stand. It uses selective and deceptive video editing of
a House floor speech by Mendoza just prior to that Jan. 6, 2011 vote to make it
wrongly appear Mendoza was an enthusiastic supporter of capital punishment.
The ad from Preckwinkle, the Cook County Board president, includes a grainy
clip in which Mendoza acknowledges a decade earlier having pushed in the House
for an expansion of the death penalty. Mendoza is also heard declaring
execution methods had become “too compassionate” and that she “could administer
the death penalty myself and sleep like a baby at night.”
PolitiFact is an exclusive partnership between Chicago Sun-Times and BGA to
fact-check politicians
But there was a lot more to Mendoza’s remarks that the Preckwinkle campaign
chose to leave on the cutting room floor. And those deletions tell a very
different story.
Selective editing
Transcripts of the House debate from the day Mendoza spoke make clear that her
point was to describe an evolution in her thinking.
She opened her remarks by explaining how the day marked “the end of a long and
difficult journey” for her on the issue, and then talked about her earlier push
to expand the death penalty. That is where Preckwinkle’s ad picks up.
In the ad, Mendoza’s line about how she could administer the death penalty
“‘…and sleep like a baby at night…’” is emphasized with text. What both the
edited footage and those ellipses leave out is that she was referring only to
cases where she knew “without a doubt” that a convicted criminal was “a cop
killer or a serial murderer.”
The ad also cuts off Mendoza’s remarks before she reaches her main point — that
too many people on Death Row in Illinois had later been found innocent.
“This debate for me is no longer about whether or not guilty killers deserve to
die for their crimes, they do deserve to die,” Mendoza said, according to the
debate transcript, just as she does in the ad. But she then went on to describe
how the state’s track record of sentencing people to death row who were later
exonerated and freed had changed her mind.
“I have come to realize that in order to ensure that justice is served in the
form of death to an evil cancer in our society we must accept the possibility
of executing an innocent person. I’m not OK with that and none of us should be
OK with that,” she said.
Preckwinkle’s ad not only omits that but also leaves the impression that
Mendoza was arguing to keep the death penalty in place. It does that by
juxtaposing the selectively edited portions of her remarks with an old citation
from a story by FactCheck.org that references the state’s woeful record of
wrongful convictions.
The problem of course is that Mendoza, in the remarks the Preckwinkle ad chose
to omit, specifically refers to wrongful convictions as the reason she had
changed her mind about the death penalty.
When we reached out to Preckwinkle’s campaign to ask why it considered the ad
an accurate representation of Mendoza’s record, spokeswoman Monica Trevino
responded with an email highlighting a House vote by Mendoza in 2001 for a
death penalty expansion, which she sponsored.
“Mendoza, despite her vote in 2011, gave testimony at that same time saying she
still believed in the death penalty, and that she could administer the death
penalty herself and sleep like a baby at night,” Trevino added. “The ad was
reflective of her extreme values on this issue.”
Our ruling
With highly selective editing, Preckwinkle’s ad uses video clips from a speech
Mendoza gave on the Illinois House floor in 2011 in which she declares
opposition to the death penalty to leave the impression she remained an
enthusiastic supporter of it.
While it is true that a decade earlier Mendoza backed an expansion of the death
penalty, the speech from which the clips are taken made an entirely different
point. She had changed her mind and wanted to end capital punishment in
Illinois because the state had sentenced too many people to death row that
later had been found innocent. Indeed, Mendoza then voted for a measure that
abolished the death penalty.
None of that footage or context was used in the ad, which grossly misrepresents
Mendoza’s position. We rate it Pants on Fire!<
(source: The Better Government Association runs PolitiFact Illinois, the local
arm of the nationally renowned, Pulitzer Prize-winning fact-checking enterprise
that rates the truthfulness of statements made by governmental leaders and
politicians. BGA’s fact-checking service has teamed up weekly with the
Sun-Times, in print and online----Chicago Sun-Times)
USA:
Eisenhower denies the Rosenbergs clemency, Feb. 11, 1953
On June 19, 1953, Julius and Ethel Rosenberg were executed for conspiracy to
commit espionage under the U.S. Espionage Act of 1917. Members of the Communist
Party, the Rosenbergs had been convicted of passing secret information in 1945
about the atomic bomb to the Soviet Union. Their case remains a cause célèbre,
with assertions that their prosecution and conviction reflected Cold War
hysteria and did not warrant the death penalty.
One of the first decisions facing newly elected President Dwight D. Eisenhower,
a Republican and World War II military leader, was whether to grant executive
clemency to the Rosenbergs, sparing them from being put to death.
On this day in 1953, Eisenhower declined to do so, stating: “The nature of the
crime for which they have been found guilty and sentenced far exceeds that of
the taking of the life of another citizen; it involves the deliberate betrayal
of the entire nation and could very well result in the death of many, many
thousands of innocent citizens. By their act these 2 individuals have in fact
betrayed the cause of freedom for which free men are fighting and dying at this
very hour [in Korea].”
Eisenhower continued: “We are a nation under law and our affairs are governed
by the just exercise of these laws. The courts have provided every opportunity
for the submission of evidence bearing on this case. In the time-honored
tradition of American justice, [a] freely selected jury of their
fellow-citizens considered the evidence in this case and rendered its judgment.
“All rights of appeal were exercised, and the conviction of the trial court was
upheld after full judicial review, including that of the highest court in the
land. I have made a careful examination into this case and am satisfied that
the 2 individuals have been accorded their full measure of justice.
“There has been neither new evidence nor have there been mitigating
circumstances which would justify altering this decision and I have determined
that it is my duty in the interest of the people of the United States, not to
set aside the verdict of their representatives.”
At about 8 p.m., Julius Rosenberg, 37, was executed at Sing Sing Prison in
Ossining, N.Y. A few minutes after his body was removed from the execution
chamber, Ethel Rosenberg. 35, was strapped to the same electric chair. She was
pronounced dead at 8:16 p.m. Both Rosenbergs refused to admit any wrongdoing
and proclaimed their innocence up to the time of their deaths. Their sons,
Michael and Robert, survived them.
In 2014, 5 historians wrote that newly available Soviet documents show that
Ethel Rosenberg hid money and espionage paraphernalia for Julius, served as an
intermediary for communications with his Soviet intelligence contacts, relayed
her personal evaluation of individuals whom Julius considered recruiting, and
was present at meetings with his traitorous sources.
[source: “This Day in Presidential History,” by Paul Brandus (2018)]
(source: politico.com)
US MILITARY:
Army Major Mathew Golsteyn defends himself in first interview since being
charged in suspected Taliban bomb maker's death----Major Golsteyn's 1st TV
interview since being charged in the death of a suspected Taliban bomb maker
Army Major Mathew Golsteyn, a decorated former Green Beret who has been charged
in the death of a suspected Taliban bomber, defended his actions on Sunday
ahead of an Article 32 hearing next month.
During an interview on "Fox & Friends," Golsteyn said he is facing a minimum of
life in prison or the death penalty if he is found guilty of premeditated
murder — a charge he disputed vigorously.
"Over these years, what the U.S. Army seems to be intent on doing is
characterizing an ambush as murder. Those routine combat actions are now being
characterized as murder," Golsteyn told "Fox & Friends."
Golsteyn said the Army has kept him from his legal counsel and his family by
restricting him to Fort Bragg, North Carolina.
"We’re seeing just how malicious and vindictive the Army is being," his wife,
Julie, said in the "Fox & Friends" interview. "They’re trying to separate us as
a family, keep Matt from his legal counsel, even going so far as to break us
financially."
The Army provided the following statement to Fox News on Sunday:
"On December 18, 2018, it was decided that Maj. Mathew Golsteyn will proceed to
an Article 32 Preliminary Hearing, scheduled to start on Thursday, March 14,
2019, on Fort Bragg, N.C. The primary purpose of the hearing is to determine
whether there is enough probable cause that Maj. Golsteyn violated Article 118
of the Uniform Code of Military Justice (UCMJ), Premediated Murder. Since
recalled to active duty, Maj. Golsteyn has been afforded the respect his rank
commands and privileges as any Soldier assigned to United States Army Special
Operations Command. To protect Maj. Golsteyn's rights and maintain integrity of
the legal process, it would be inappropriate to comment further on the case
prior to the outcome of the Article 32 hearing."
TALIBAN ATTACK ON MILITARY BASE KILLS AT LEAST 65, AFGHAN OFFICIALS SAY
Maj. Golsteyn's wife defends her husband
Golsteyn, who faced years of on-and-off investigations after an incident that
is said to have taken place during his 2010 deployment, was initially cleared
by a military tribunal two years ago. However, the investigation into his
actions was re-opened after he spoke with Fox News' Bret Baier.
As Fox News previously reported, Golsteyn was deployed to Afghanistan with the
3rd Special Forces Group in 2010. Two Marines in his unit during that time were
killed by hidden, booby-trapped explosives.
Golsteyn and his men later found a suspected Taliban bomb maker nearby — though
he was not on a list of targets U.S. forces were cleared to kill, Fox News
previously reported. After he was detained, Golsteyn said the man refused to
talk to investigators.
AFGHANISTAN PEACE TALKS IN DOUBT AFTER TALIBAN'S ABRUPT WALKOUT
Under the rules of engagement, Golsteyn was ordered to release him, but he was
worried that if he did so, the suspect would have targeted Afghans who were
helping American soldiers.
“There's limits on how long you can hold guys,” he told Fox News' Bret Baier in
2016. “You realize quickly that you make things worse. It is an inevitable
outcome that people who are cooperating with coalition forces, when identified,
will suffer some terrible torture or be killed.”
Golsteyn told Fox News he killed the suspected bomb maker.
The case in December prompted a tweet from President Trump, who wrote that
Golsteyn "could face the death penalty from our own government after he
admitted to killing a Terrorist bomb maker while overseas."
Golsteyn on Sunday said that Trump's tweet gave his son a "sense of relief"
because "someone was paying attention and cared about his dad."
"They’re not looking for the truth. They’re not seeking justice. This is wrong
what they are doing to him. Matt served his country and loves his country,"
Julie Golsteyn said. "It’s heartbreaking for me, as his wife, to watch him be
dragged down by his own command."
(source: Fox News)
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