[Deathpenalty] death penalty news----GA., IND., KY., UTAH, NEV., CALIF.
Rick Halperin
rhalperi at smu.edu
Fri Jan 4 08:55:31 CST 2019
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January 4
GEORGIA:
Carter homicide case to be reviewed in death penalty decision
The July death of a Thomasville woman and hostage situations involving a
Thomasville woman and an Ochlocknee family paralyzed the community with fear
until the suspect in the crimes was found hiding under a log in Little
Ochlockonee River on a humid, sweltering Sunday afternoon.
Robert Carter, 47 at the time of his arrest on July 8, 2018, is charged with
murder, among other offenses, in the death of 70-year-old Deanna Shirey, whose
body was found in a shallow grave at Carter’s 428 Colton Ave. residence. The
remains were wrapped in a comforter believed to be taken from Shirey’s bed at
her Glenwood Drive home.
Local, state and federal law enforcement officers converged on the community
and conducted an around-the-clock manhunt that led to Carter’s capture. Thomas
County residents lined highways and applauded law enforcement as they
transported the captured fugitive to jail.
Brad Shealy, Southern Judicial Circuit district attorney, said his office will
not decide whether the death penalty will be sought on Carter until the case
file is complete and reviewed by him and assistant district attorneys.
“That’s something we’ll have to decide when he we get all the facts,” Shealy
said.
Items in the case file will include lab reports, physical evidence and witness
statements.
Certain statutory requirements must be met if the death penalty is sought.
Aggravated circumstances, a law enforcement officer killed in the line of duty,
a murder victim tortured before death and killing for money are among
requirements in a death penalty case, the district attorney said.
Shealy said he prosecuted several Lowndes County death penalty cases that
required years of preparation. Defendants eventually entered guilty pleas. A
death penalty defendant who enters a guilty plea is eligible for a sentence of
life in prison or life without parole.
Shealy hopes the Carter case can be heard by a February Thomas County grand
jury.
“When it goes to grand jury, we probably would know if we will ask for the
death penalty,” the district attorney said, “Hopefully, we can get it to the
February grand jury.”
Shealy said the Shirey case will be considered separately from other cases with
which Carter is charged.
(source: Thomasville Times-Enterprise)
INDIANA:
Debra Denise Brown was Indiana's last woman on death row. She will no longer be
executed.
A 56-year-old woman who was Indiana's sole female death row inmate will not be
executed for her role in the murder of a 7-year-old girl in Gary in 1984.
Last month, the Lake County prosecutor and the Indiana Attorney General’s
Office signed an agreement withdrawing a demand for the execution Debra Denise
Brown because of mental disability.
It is an appeal Brown's attorneys have made multiple times since she was
sentenced to death in June 1986 alongside co-defendant Alton Coleman. Together,
the couple was convicted of carrying out a 53-day crime spree across multiple
Midwestern states that resulted in 8 killings, 7 rapes, 3 kidnappings and 14
armed robberies.
It is still unlikely that Brown will ever be freed from prison. She faces 2
consecutive life sentences in Ohio, plus an additional 140 years in Indiana.
The crimes
According to IndyStar archives, 7-year-old TamikaTurks was walking home from a
candy store on June 18, 1984 with her 9-year-old aunt, Annie, when Brown and
Coleman persuaded them to walk into the woods to play a game.
Once there, Coleman and Brown removed Tamika's shirt and tore it into small
strips which were used to bind and gag the children. Tamika was suffocated and
stomped when she began to cry, and Annie was raped.
Annie survived, but Tamika was killed.
The attack happened in the midst of the couple's crime spree that took them
through Indiana, Illinois, Ohio, Michigan and Kentucky. They were finally
captured in Illinois on July 20, 1984.
Sentenced to death
In the wake of her arrest, attorneys for Brown argued that the 21-year-old
woman was borderline mentally disabled and acting under Coleman's domination at
the time of the killings.
But Brown and Coleman were both sentenced to death, and each made multiple
unsuccessful appeals to have the sentences overturned. Coleman was executed
April 26, 2002 in Ohio, and Brown was awaiting an execution date. She was
slated to be the 1st woman executed in Indiana since the U.S. Supreme Court
reinstated the death penalty in 1976.
A statement provided to IndyStar by Indiana Attorney General Spokeswoman
Melissa Gustafson said the recent sentence modification was required by
constitutional law and based on evidence developed throughout the case that
Brown is likely intellectually disabled.
"Under the Eighth Amendment to the U.S. Constitution and the 2003 decision of
the U.S. Supreme Court in Atkins v. Virginia, a death sentence cannot be given
to persons who are intellectually disabled," said the statement from Gustafson.
Victim's family wasn't notified
Tamika Turks' family wasn't initially informed of the decision to alter the
sentence.
The Indiana Attorney General's Office expressed regret at how the notification
was handled.
"The ultimate decision to agree to the sentence modification was the
Prosecutor’s Office because Indiana law gives prosecutors that authority,"
Gustafson said in a statement. "It was our understanding that the victims and
family members were contacted by that office, but it now appears that a mistake
was made.
"The OAG deeply regrets that they were not notified in advance because we take
seriously the dignity of victims of all crime and our responsibility to ensure
that dignity within the criminal justice system."
The Lake County Prosecutors Office did not respond to requests for comment.
The Times of Northwest Indiana reports that Tamika Turks' family was notified
of the agreement on Thanksgiving by Thomas Vanes, the attorney who won Brown's
death sentence conviction in 1986.
LaVerne Turks, Tamika Turks' mother, said she's angry and hurt she wasn't
notified about the decision.
"Debra Brown was right there with (Coleman), committing the same crimes. She
bears the same responsibility for them, and she should share his punishment,"
LaVerne Turks said.
IndyStar's attempts to reach Turks and Vanes for comment were unsuccessful.
Brown's punishment now
Gustafson explained that because Brown committed her crimes before life without
parole was an option in Indiana, it is illegal to give her a life sentence in
the Indiana case.
Instead, she was given the maximum sentence for murder, short of the death
penalty, in addition to her other Indiana sentences. That totals 140 years, to
be served consecutively with 2 sentences of life without parole in Ohio.
The Ohio sentences are for murders committed during the same 1984 crime spree
and were originally death sentences reduced to life by former Ohio Gov. Dick
Celeste.
"But this 140-year sentence, which will only begin to be served if her 2 Ohio
sentences are somehow reduced and completed, is assuredly a life sentence on
its own given Brown’s age and other sentences," said the statement from
Gustafson.
"Additionally, Brown has agreed to give up all legal challenges to her Indiana
convictions, including the petition for a writ of habeas corpus that has been
pending in an Ohio federal court since 1999; that concession ensures her
convictions will remain intact and we can bring this case to final resolution
in the courts."
(source: Indianapolis Star)
KENTUCKY:
Prosecutors file paperwork to seek death penalty in Martin County triple murder
case
Thursday, prosecutors filed paperwork to seek the death penalty in a Martin
County triple murder case.
Police said Lance Ward killed Derek James, Amber Lockard and Micah Sammons in
March of last year.
They were found shot along a road near KY 292.
Ward will be back in court February 21. We might learn a trial date that day.
(source: WYMT news)
UTAH:
6 of Utah's most infamous and horrible murderers
Although Utah has a relatively small population, the state is a leader in
categories such as business climate, low unemployment, population growth — and
vicious murderers.
Using the serial killer database compiled by Radford University and Florida
Gulf Coast University, 24/7 Wall St. reviewed the states with the highest
numbers of documented victims of serial killers since 1900, adjusted for
population. Utah ranked 9th.
Of course, that ranking doesn’t include spree killers or other murderers whose
horrific crimes don’t fit the FBI classification of serial killers. Utah has
seen more than its share of killers whose dastardly deeds have drawn national
attention.
While this is not a complete list, here are some of the Beehive State’s most
heinous murderers.
Josh Powell
Although it’s been more than 9 years since Susan Powell disappeared, interest
in the closed case remains high, renewed recently with the release of the
“Cold” podcasts, which have provided new insights.
Although Susan’s husband, Josh Powell, was always the prime suspect, he was
never charged. Even so, Josh became a confirmed murderer in February 2012, when
he hacked his 2 young sons with a hatchet before burning them and himself to
death in an explosive home fire he intentionally set.
Josh sent several emails moments before he started the blaze, according to a
Deseret News article. Other details showed the horrific act was carefully
planned.
Gary Ridgway
Ridgway was the most prolific serial killer in the United States, convicted of
49 murders and suspected of as many as double that number. Dubbed the “Green
River killer,” he was quoted by fandom.com as saying, “I killed so many women I
have a hard time keeping them straight.”
Although Ridgway’s murders occurred in Washington and Oregon, he was born in
Utah and lived here until his family moved to the Seattle area when he was 11.
It’s safe to assume many of the mental issues that set him on the path to
becoming a monster were established while in Utah. He was just 14 when he
attempted his first murder by stabbing a 6-year-old boy.
Ridgway’s murders spanned 3 decades. His 1st confirmed kill was in 1973,
although he alluded to earlier murders. He was finally arrested in 2001 when
DNA evidence connected him to some of the murders. Ridgway received a life
sentence and remains in a federal penitentiary in Colorado.
Sulejman Talovic
An 18-year-old refugee from Bosnia, Sulejman Talovic shot 9 people at Trolley
Square Mall in Salt Lake City on Feb. 12, 2007. 5 of the victims died.
Talovic had 2 guns and plenty of ammunition. His rampage could have been more
devastating, but an off-duty police officer engaged him in a shootout. That
kept him occupied until more police officers arrived. They shot and killed
Talovic.
The motive for the shootings is a mystery. The FBI concluded he was not a
terrorist. A Deseret News article about his possible motivations noted that on
the day of the tragedy, he completed his normal workday. His family said he
came home and took a shower before he left the house and went to the mall.
Gary Gilmore
Gary Gilmore became more famous for his death than his crimes. He was the 1st
person executed after the U.S. reinstated the death penalty. He opted for death
by firing squad at the Utah State Penitentiary.
Gilmore came to Provo in 1976 after more than 2 decades of incarcerations in
various Oregon prisons for crimes ranging from drunk driving to armed robbery.
4 months after arriving in Utah, he killed 2 people in separate robberies.
The justice process moved swiftly for Gilmore. Britannica.com noted he had a
3-day trial just 11 weeks after the murders. He was convicted on Oct. 7 and his
original execution date was set for Nov. 15. His mother filed for a stay, but
in December, the state Supreme Court ruled the sentence was valid.
The sentence was carried out Jan. 17, 1977 — nine months after his arrival in
Utah and just 6 months after the murders.
Ted Bundy
University of Utah law school student Ted Bundy did not look like someone
capable of being a serial killer. In fact, in 1978 as he stood trial in Utah
for kidnapping, the headline for a New York Times article was “All-American boy
on trial.”
Between 1974 and 1978, Bundy killed women in Utah, Washington, Oregon, Colorado
and Florida. He eventually admitted to 30 murders, but the final toll was
likely higher. Bundy was convicted and sent to prison for the Utah kidnapping
case but was transferred to Colorado to face murder charges. He escaped (the
1st of 2 times) and continued his murderous rampage.
Florida police caught Bundy four weeks later. He was convicted of murder and
executed by electrocution in 1989. An article in allthatsinteresting.com quoted
a defense investigator as saying, “I would describe him being as close to being
like the devil as anyone I ever met.”
Arthur Gary Bishop
Born and raised in Salt Lake City, Arthur Gary Bishop was an Eagle Scout and
high school honor student. After graduation, he served as a missionary for The
Church of Jesus Christ of Latter-day Saints in the Philippines.
By 1978, he’d been convicted of embezzlement and excommunicated from his
church. He changed his name, joined the Big Brother program and began molesting
and killing boys.
Bishop claimed 5 victims ages 4-13 between 1979 and 1983. Bishop was found
guilty of 5 counts of aggravated murder, 5 counts of aggravated kidnapping and
1 count of sexually abusing a minor. He was executed by lethal injection on
June 10, 1988.
A Deseret News article reported he was calm and cooperative as he entered the
death chamber. He was quoted as saying, “I am merely accepting my just
punishment as my conscience dictates I must. Though perhaps too little too
late, I am doing the right thing now."
Other notable Utah killers — in no particular order — include:
? Ron Lafferty
Dan Lafferty
Mark Hofman
Ronnie Lee Gardner
Barton Kay Kirkham
Pierre Dale Selby
William Andrews
Myron Lance
Walter Kelbach
Frances Schreuder
Marc Schreuder
Michael Archuleta
Douglas Carter
Taberon Dave Honie
Troy Kell
Douglas Anderson Lovell
Floyd Eugene Maestas
Von Taylor.
Since 2000, Utah has averaged 54 homicides each year, according to data from
the Utah Department of Public Safety and disastercenter.com.
(source: ksl.com)
NEVADA:
Las Vegas Strip Killer Ammar Harris Death Penalty Upheld by Nevada Court, But
State Still Wrestles with Lethal Injection
In 2016, Ammar Harris was sentenced to death for a drive-by shooting 3 years
earlier on the Las Vegas Strip that resulted in the deaths of three people.
Last week, the Nevada Supreme Court dismissed his appeal in a state where the
death penalty — though last carried out in 2006 — has lately garnered national
attention through the Scott Dozier case.
In February 2013, self-proclaimed pimp Harris, then 26, shot and killed
aspiring rapper Kenneth Cherry Jr. in a case of mistaken identity.
Believing him to be a man Harris had argued with earlier that night at the Haze
nightclub at Aria, he pulled up alongside Cherry’s Maserati and fired 3 shots
through the driver’s window, killing Cherry and injuring a passenger.
The Maserati then careened into a cab, which burst into flames, causing the
deaths of both taxi driver Michael Boldon and his passenger Sandra
Sutton-Wasmund, a mother of 3.
Inflamed Passions
Harris’ defense lawyer, Robert Langford, argued during appeal proceedings that
prosecutors in the original trial should not have been permitted to show jurors
photographs of Boldon’s and Sutton-Wasmund’s bodies. He said it “inflamed their
passions,” resulting in a conviction of 3-counts of 1st-degree murder.
Langford further argued that District Judge Kathleen Delaney had OK’d the
pictures as trial evidence without issuing an explanation of how she had
arrived at her decision.
But a panel of Silver State judges ruled 5-2 that the photos did not
irreversibly taint Harris’ trial as they upheld the death sentence.
Harris is expected to appeal to the federal courts.
Scott Dozier Precedent
While there are around 80 people on death row in Nevada, the state has not
executed anyone in more than 12 years, largely due to the protracted legal
wrangling involved in appeals.
Prior to that — from 1979 to 2006 — 11 out of 12 Nevada Death Row inmates were
killed without filing any appeals, and all but 1 of those were killed by lethal
injection. The 1st of those executions was carried out in the subsequently
dismantled state gas chamber in Carson City, which had been in use since 1924
and was used a total of 31 times.
Attempting to buck the current trend is Scott Dozier, a drug dealer who was
convicted in 2006 of the murder and dismemberment of a fellow methamphetamine
pusher at the now-demolished La Concha Motel on the Las Vegas Strip. Dozier has
repeatedly waived his right to appeal and expressed his wish to die.
Dozier’s execution by lethal injection was scheduled to be carried out at the
state prison in Ely, Nevada on July 11, 2018, but was halted by court order
just hours before it was due to take place because of a legal challenge by New
Jersey-based drug company Alvogen.
The drugmaker said it did not want its generic midazolam product — 1 of several
drugs used in the lethal injection procedure — associated with what it
anticipated to be a “botched execution,” based on its use as part of a
three-drug killing cocktail in other states, including Oklahoma, Alabama, and
Arkansas.
In September, the state AG’s office applied to the Supreme Court of Nevada for
the right to use midazolam — along with 2 other drugs — when carrying out the
death penalty. Dozier’s execution has been on hold since then.
The state’s new attorney general-elect, Democrat Aaron Ford, has said he is
opposed to the death penalty.
Meanwhile, the 48-year-old Dozier has been moved to solitary confinement in
Ely, where he remains on suicide watch.
(source: casino.org)
CALIFORNIA:
Rex Krebs attorney to defend man accused in murder of Paso Robles womanM
The body of missing Paso Robles resident Nancy Woodrum has been recovered and
San Luis Obispo County Sheriff-Coroner Ian Parkinson announced an arrest of a
suspect.
A San Luis Obispo attorney with experience representing defendants facing the
death penalty was appointed Thursday to join the legal team representing the
man accused of raping and murdering Paso Robles resident Nancy Woodrum.
William McLennan, who worked on the capital cases of notorious killer Rex Krebs
and of Dystiny Myers’ murderer Ty Hill, will represent Carlo Alberto Fuentes
Flores along with the San Luis Obispo County Public Defender’s Office.
Fuentes Flores, 42, accused of killing Woodrum after allegedly confessing and
leading authorities to her body, pleaded not guilty Thursday to a single charge
of premeditated murder.
The District Attorney’s Office in its criminal complaint filed last week also
lists two special circumstances alleging Woodrum’s murder occurred during the
commission of rape and residential burglary, meaning that prosecutors could
request the death penalty or life in prison without the possibility of parole
at a later date, Assistant District Attorney Eric Dobroth said last week.
Following Thursday’s hearing, Steven Rice and Jason Dufurrena, attorneys with
the San Luis Obispo County Public Defender’s Office already representing
Fuentes Flores, said state law requires defense counsel to treat the case as if
prosecutors are seeking the death penalty until they formally declare
otherwise.
Under the law, they said, their client is entitled to request an attorney with
significant experience in a case in which the death penalty is on the table.
Superior Court Judge Ginger Garrett on Thursday granted Rice and Dufurrena’s
motion to appoint McLennan, who submitted a declaration stating he’s served as
2nd or lead defense counsel in 9 capital cases since being admitted to the bar
in 1977.
According to McLennan’s declaration, he served as a secondary counsel in the
trial for Krebs, in which he worked on trial preparation, drafting legal briefs
and appellate writs, including a writ filed to the U.S. Supreme Court.
Krebs, who murdered college students Rachel Newhouse and Aundria Crawford, was
found guilty by a jury in 2001 and remains on death row in San Quentin State
Prison.
Despite that verdict, McLennan has a record of representing defendants in which
the accused was spared the death penalty.
In 2011, McLennan was appointed to represent Hill, 1 of 5 South San Luis Obispo
County residents accused of the kidnapping, torture and murder of Santa Maria
teenager Dystiny Myers.
Hill — the only defendant to face the death penalty in the case — accepted a
plea deal before his trial began in 2013, agreeing to a life prison term
without the possibility of parole or appeal.
McLennan also worked as an associate defense counsel in other high-profile San
Luis Obispo County cases including for Terry Crothers, who bludgeoned
31-year-old Cindy Pinto to death in Paso Robles in 1994; and Peter Dirks, who
was convicted in 2005 of raping and murdering Cal Poly student Mary Catherine
Waterbury at Montana de Oro in 1985. The Dirks case was the 1st cold case
solved in San Luis Obispo County using DNA evidence.
Authorities say Fuentes Flores killed Woodrum, 62, who had been missing for 7
months when her body was recovered last month in a remote spot off Highway 58.
The Sheriff’s Office says Fuentes Flores led detectives to Woodrum’s body on
the same day as their 1st interview with him.
Neighbors last saw her alive on the afternoon of May 4, according to the
Sheriff’s Office.
Woodrum, a hair stylist, owned The Strand Salon in downtown Paso Robles with
her daughter and had worked in the beauty industry since the late 1990s,
according to a May Tribune story.
Sheriff Ian Parkinson said at a news conference that Woodrum and Fuentes Flores
became acquainted after he did painting work on her property.
Fuentes Flores is scheduled to be back in court for pre-preliminary hearing
Monday.
(source: sanluisobispo.com)
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