Rick Halperin
Tue Aug 16 12:14:13 2005
June 27 TEXAS: Guy's death sentence is overturned Following a 3-day evidentiary hearing in Lubbock, federal Judge Sam Cummings overturned Joe Lee Guy's death sentence Friday and ordered the case back to state court for resentencing in Plainview - leaving the capital murder conviction intact. District Attorney Terry McEachern, who prosecuted Guy, said the next step in the convoluted 10-year-old case is for Guy to be returned to 242nd Judge Ed Self's court, where he would likely be sentenced to life in prison for his role in the 1993 shooting death of North Columbia Street grocer Larry Howell - assuming the state attorney general's office doesn4t appeal Cummings' ruling. Guy's 2 accomplices - Plainviewans Thomas Howard and Ronald Springer - each received life sentences. All 3 defendants were tried separately. In January, McEachern, Self, retired sheriff Charles Tue and current Sheriff David Mull signed a petition seeking executive clemency for the 32-year-old Guy. The parole board unanimously voted to commute the sentence to life in prison, with no chance for parole for 40 years. However, Governor Rick Perry did not act on the commutation recommendation, apparently waiting for the outcome of the evidentiary hearing, which had been recessed from its beginning last October. More than 30 witnesses testified at the hearings, which centered on the defense contention that trial attorney Rick Wardroup of Lubbock did not call enough witnesses in the sentencing phase of Guy's trial and that the investigator used in the case had a conflict of interest that led him to do a perfunctory investigation that resulted in only four witnesses being called on Guy's behalf. The investigator - Frank SoRelle - was accused of ingratiating himself with Howell's elderly mother after learning she was quite wealthy. Although SoRelle denied the accusation, he received upwards of $750,000 in cash, jewelry and property that Mrs. Howell left him in her will. She recovered from a gunshot wound to the abdomen suffered in the shooting and died of natural causes in 1995. During last week's evidentiary hearing, Wardroup testified that he had trusted SoRelle to handle the job and did not adequately supervise him. McEachern said the request for executive clemency basically stemmed from SoRelle not really doing "his job in trying to find mitigating evidence" that might have caused jurors to return a lesser sentence. Commenting on the reversal of the death penalty, McEachern said Friday that Guy would probably be returned to prison until the state attorney general decides whether or not to appeal the reversal. "I have no problem with a life sentence," he said. "I'll be glad when a conclusion is brought. I think everyone will." Guy's mother, Gloria, said late Saturday, "I went through treatment and promised God that I would stay clean and sober and asked God to get Joe off death row. I stayed clean and sober and God did what I asked. "I thank everybody for everything they did -- in and out of the courtroom." (source: Plainview Daily Herald) *************************** Yogurt shop murder appeals rely on high court decision In 1991, Texas' capital city was faced with its most chilling and sensational crime since sniper Charles Whitman went up the University of Texas tower and shot dozens of people. 4 teenage girls were slain in an Austin yogurt shop, each bound, gagged and shot in the head. With police chasing thousands of leads, it was 10 years before a suspect even went on trial. Now lawyers for the 2 men convicted of capital murder in the case say their verdicts should be overturned. They point to a recent Supreme Court ruling that upheld criminal defendants' constitutional rights to cross-examine witnesses against them. Robert Springsteen IV and Michael Scott were convicted based on confessions that also implicated each other. Statements from both men were introduced at each other's trials, but defense attorneys say the fact that they were not allowed to cross-examine violated their clients' Sixth Amendment rights. Springsteen was sent to death row. Scott is serving life in prison. "It's time the state of Texas and Travis County follow the law and give them a fair trial," said Mary Kay Sicola, who is representing Springsteen before the Texas Court of Criminal Appeals. Without the confessions, prosecutors had virtually no case because a crime scene fire had destroyed physical evidence. Both men exercised their Fifth Amendment right against self-incrimination to avoid testifying, but their confessions were still used against each other. "I don't see how (the courts) can not reverse this case," said lawyer Ariel Payan, who argued Scott's case before the 3rd District Court of Appeals this month. Travis County prosecutors say the trials were fair and the convictions should be upheld. "Our position is they're misreading the Sixth Amendment," said Assistant District Attorney Bryan Case. Killed during the robbery of the I Can't Believe It's Yogurt store were Eliza Hope Thomas, 17; Amy Ayers, 13; and sisters Jennifer and Sarah Harbison, ages 17 and 15. Springsteen, who had moved to Charleston, W.Va., and Scott were arrested in 1999 after police began rechecking old leads. Springsteen's confession was secretly recorded during a pre-arrest interview with police. Scott talked with investigators for nearly 20 hours. His statements were recorded, and he signed a written version of his comments. They were tried separately for Ayers' murder, and their lawyers fought unsuccessfully to keep the statements out of court. Both men accused police of coercing the confessions. Their appeals took on new energy in March, when the U.S. Supreme Court ruled 9-0 to overturn an assault conviction in a Washington state case. In that case, police in Olympia, Wash., had used a statement from a man's wife to show that her story did not match his, but his lawyers did not get to cross-examine her. The court ruled that violated the Sixth Amendment guarantee that "in all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him." One legal expert called the Crawford v. Washington decision the most important criminal law procedural case in 20 years, one that could affect prosecutions across Texas. "It's going to be hard to imagine how Crawford is not going to have a fairly serious impact on co-defendant testimony introduced in a capital murder trial," said Bill Allison, a law professor at the University of Texas. Since the Supreme Court decision, Texas appeals courts have ruled on similar cases. A Dallas robbery conviction was overturned after prosecutors entered as evidence a statement from a co-defendant who was not available to be cross-examined. A Fort Worth appeals court made a similar ruling in a sexual assault case. At Springsteen's trial, jurors heard part of Scott's statement, but the judge allowed prosecutors to use only portions in which Scott implicated himself. In Scott's trial, Springsteen's statement was presented by a police officer. It did not mention Scott by name, said Case, the prosecutor. Payan, Scott's attorney, said using the statements at all would cause the jury to think the defendants accused each other. But Case said the statements merely corroborated details in the confessions. Because the testimony about Springsteen's statement didn't directly accuse Scott, Scott didn't have the right to cross-examine Springsteen, Case said. "It gave validity to Scott's own confession," Case said. "That's different than accusing somebody of something." (source: Associated Press) ******************************* Forensic Center Opening In Tyler A new forensic center, scheduled to open in Smith County this week, could reduce the amount East Texas entities spend on autopsy costs, area officials said. Currently, most of Smith County's autopsies are conducted at the Southwestern Institute of Forensic Sciences in Dallas, requiring transportation from East Texas. The July 1 opening of The Southeast Texas Forensic Center Inc. at 11980 Texas Highway 155 in Smith County will offer another alternative, said Richard Skinner, forensic administrator. There is no other facility between Beaumont and Dallas and the Oklahoma and Louisiana state lines, he said. "It is a situation of need," Skinner said. "We are willing to go in and make this investment at no expense to the county - no expense to any of these counties - we are doing it on our own." The facility will include a 20-by-30 cooler, which can house more than 20 bodies at a time, or, in the event of a disaster, could hold up to 40 bodies, he said. "It is a center of an area that is in need," he said, adding the facility is capable of expansion and is being remodeled. It will operate on a per-case basis, Skinner said. The number of autopsies the center receives, he said, will depend on those in the area that use the center. The average turnaround time on definite cases, Skinner said, is three to five days. A situation that requires toxicology tests, which are sent to a forensic lab, takes about 2 to 3 weeks, he said. He said East Texas officials he has met with about the center are interested in knowing about the their turnaround time, adding on average it is taking about 3 to 6 months to get reports. "The problem with that is until a justice of the peace receives that report, he cannot sign a death certificate," and everything stops for the family, Skinner said. "Our turnaround time is probably our biggest asset," he said. The Dallas facility, Skinner said, is overwhelmed. The Southeast Texas Forensic Center Inc. has facilities in Beaumont and Conroe, and privatized the Jefferson County Morgue, he said. The company employees three forensic pathologists, 7 secretaries and a forensic administrator, and the number of employees will increase with the opening of the facility in Tyler, Skinner said. Dr. Delbert VanDusen, formerly chief deputy medical examiner for Harris County, will serve as the lead pathologist in Smith County, he said. LOCATION, SAVING COST "Smith County is a logical place because it is a center of the area in need - we service all the way to Nacogdoches to the Oklahoma line," he said, adding, "Plus, this is becoming a regional medical center." In Texas, a justice of the peace operates as a coroner, and rural counties use a justice of the peace to order an autopsy, rather than a medical examiner. The number of autopsies the forensic center performs, he said, will depend on the number of counties that switch their business to the center. Skinner said he is receiving "extremely good response" from East Texas justices of the peace. Skinner said he has made presentations in Gregg, Upshur, Harrison, Cherokee and Panola counties, and has contacted about 28 other Northeast Texas counties by letter. "We want to provide the service needed at reasonable amount to the counties but still at a rate we can make a profit," he said. Smith County Precinct 4 Justice of the Peace Mitch Shamburger said he is excited about the center's opening, adding less transportation will likely mean a cost savings to the county. If a body is sent to Dallas, he said, a local funeral service takes it there. Then, after the autopsy, someone picks it up, costing about $200 to $300 for each person. Skinner said most transport services are about $1.50 a mile. Travel costs, Shamburger said, would virtually be eliminated by using the Southeast Texas Forensic Center. The justice of the peace said the facility would mean more accessibility. "When we send them to Dallas, there are many doctors who do the autopsies," he said. "When we have a pathologist here, I have the freedom to call Dr. VanDusen." "It is going to be a cost savings all the way around," Precinct 2 Justice of the Peace Bill Lemmert said. "We won't know how much until everything goes into place." Skinner said the facility will charge $1,500 per autopsy and will include basic toxicology. Smith County paid about $193,690 for autopsies and related costs, including transportation, from Oct. 1, 2002, to Sept. 30, 2003, said Karen Carter, first assistant county auditor. Records, she said, do not detail the exact number of autopsies performed in the county during that period. Smith County Judge Becky Dempsey said she is aware of on-going discussions with area officials and those at the forensic center. "The county's position is, any time we can have excellent services at cost savings, the county is absolutely interested in looking at it," she said. Smith County District Attorney Matt Bingham said he has not yet been in contact with the lab, but would look forward to learning more about the lab and its services from the director. (source: Tyler Morning Telegraph) *********************----book review A night of gunfire that still echoes----Book looks at nightclub murders and how they changed Texas law In Texas, the name Abdelkrim Belachheb stands ignominiously with those of Charles Whitman and George Hennard, like bodies of Old West badmen on public display in open pine-box caskets. It's been most of 20 years since that summer night when Mr. Belachheb walked into a North Dallas nightclub and killed 6 people, but longtime Dallas residents and many Texans will likely remember his name. Shortly after midnight on June 29, 1984, the Moroccan-born wig-wearing and self-proclaimed ladies' man entered Ianni's Restaurant and Club with a semiautomatic pistol and a sociopath's score to settle. Gary M. Lavergne, a university researcher and author of A Sniper in the Tower: The Charles Whitman Murders, has resurrected that night's horror six dead, one wounded in his newest book, Worse Than Death: The Dallas Nightclub Murders and the Texas Multiple Murder Law. Worse Than Death is an engrossing, heavily footnoted (though inelegantly written) account of how one twisted man changed lives and the Texas criminal code. The murders in the club at Midway Road and LBJ Freeway exposed the inconsistency in the state's capital punishment statutes. Before the slayings, a mass murderer did not automatically face the death penalty unless he killed during commission of another felony. Worse Than Death is a graphic tale with bloody crime scene photos of the dead though redacted and in black and white. Victims' portraits in happier times provide a sad memorial to the mostly forgotten names of Mr. Belachheb's victims: Janice Smith, Marcell Ford, Linda Lowe, Ligia Koslowski, Frank Parker, Joe Minasi. More recognizable names, at least to Dallas residents, also fill the pages of Worse Than Death: Dallas County District Court Judge Gerry Holden Meier, a no-nonsense judge known to some as the Iron Maiden, and later, Attila the Honey; Norm Kinne, one of the county's best prosecutors who later in his career displayed a replica wooden shark fin, an admirer's gift, in his office; Dallas homicide detective Bill Parker, who arrested Mr. Belachheb two hours after the slayings; and defense attorney Frank Jackson, a former professional football player. Worse Than Death details how Mr. Belachheb came to the United States and Texas, how he felt victimized by the world, what precipitated the slayings and their place alongside mass murders by Charles Whitman, who in 1966 killed 15 people on the University of Texas at Austin campus, and George Hennard, who killed 23 in a Killeen restaurant in 1991. But perhaps the most startling revelation is that Mr. Belachheb, who remains in an Amarillo prison, is eligible for parole on June 29, 2004, the 20th anniversary of the slayings. According to his prison "datasheet," however, his projected release date is 99 99 9999. According to the author, that's computer code for "never." [Freelance writer Dan R. Barber lives in Forney.] Worse Than Death: The Dallas Nightclub Murders and the Texas Multiple Murder Law----Gary M. Lavergne (University of North Texas Press, $26.95) (source: Dallas Morning News)