Nov. 17


USA:

Blinding Justice


In recent years, DNA testing has shown that innocent people can be
convicted of serious crimes, and even end up on death row. The main legal
mechanism for saving wrongly convicted prisoners from execution, and for
challenging other wrongful convictions, is the writ of habeas corpus.
Although habeas traces to Magna Carta and is enshrined in the
Constitution, Congress may be about to scale it back drastically. The
proposed changes would make the criminal justice system less fair and far
more likely to convict the innocent.

Criminal prosecutions do not always work the way they should. Prosecutors
may improperly reject prospective jurors on the basis of race. Evidence
tying a defendant to a crime is sometimes trumped up, while evidence that
casts doubt on a defendant's guilt is sometimes hidden. Habeas corpus
allows state prisoners to go into federal court and raise constitutional
objections to their convictions. Often they prevail. A few months ago, the
Supreme Court overturned a capital conviction in Texas when it found that
the prosecutor had kept blacks off the jury.

Critics of habeas corpus petitions complain that they slow down the
justice system, particularly the execution of convicts. There may be room
for carefully calibrated modifications, but the changes Congress is
considering are not that. The sponsors named their bill, which is now
modestly different in the Senate and House versions, the Streamlined
Procedures Act, making it appear to be a mere attempt at efficiency. In
fact, the changes would take away important protections. One provision
would prevent federal courts from reviewing convictions in a large number
of capital cases. Another would keep federal courts from hearing
challenges of virtually all state-court sentences, no matter how unfair
they were.

Respected legal organizations like the American Bar Association and the
Judicial Conference of the United States oppose the bill. So does David
Keene, chairman of the American Conservative Union, who warns that the
changes would make it more likely that innocent people would be put to
death.

There was much discussion last week about the Senate's attempt to strip
Guantnamo detainees of habeas rights. The effort to weaken habeas rights
for ordinary American prisoners has drawn far less attention, but there is
a real danger that this law will be passed. Even if it is not, its
supporters may simply add parts of it to other bills as amendments.
Members of Congress who want to make sure that the criminal justice system
operates according to constitutional standards should be vigilant about
keeping these provisions from becoming law.

(source: Editorial, New York Times)






MISSOURI:

U.s. will seek death penalty against Lisa Montgomery----Woman accused of
Bobbie Jo Stinnett murder will face federal trial in April


United States Attorney Todd Graves announced Wednesday that he would seek
the death penalty against Lisa Montgomery for the death of Bobbie Jo
Stinnett in Skidmore last year.

Montgomery, 37, who is accused of cutting open the womb of eig8nths
pregnant Stinnett to remove the baby, is awaiting an April 24, 2006, trial
in Kansas City.

"We intend to prosecute federal defendants to the full extent of the law,
and will not shy away from seeking the ultimate penalty for the ultimate
crime," Graves said through a press release. "Our decision to seek the
death penalty in each of these cases is made with careful deliberation so
that justice is served."

Graves, a northwest Missouri native who serves as the U.S. Attorney for
the Western District of Missouri, indicated earlier this year that he
would likely seek the death penalty against Montgomery. On Wednesday,
Graves' public affairs director, Don Ledford, said Graves is required to
officially announce his intention to seek the death penalty prior to the
start of the trial.

A "Notice of Intent to Seek the Death Penalty" released Wednesday said
"the government believes a sentence of death is justified, and the
government will seek a sentence of death."

The notice listed several "aggravating factors" as the government's basis
for seeking death, namely that Montgomery "intentionally killed Bobbie Jo
Stinnett" by strangling her "with a rope and then (using) a kitchen knife
to cut her infant daughter (Victoria Jo Stinnett) from her womb."

The notice also said Montgomery "killed the victim in an especially
heinous, cruel, and depraved manner in that the killing involved torture
and serious physical abuse to Bobbie Jo Stinnett."

After cutting the baby out, Montgomery is accused of driving back to her
hometown of Melvern, Kan. - making the crime federal by crossing state
lines - and claimed the baby as her own, the climax of a long-developed
plan to befriend Stinnett through an Internet chat room, fake a pregnancy
and steal Stinnett's baby.

Local, state and federal law enforcement officers tracked Montgomery to
Melvern and arrested her. They also found the baby girl in good condition
and returned her back to her father, Zeb Stinnett. Victoria Jo is now 11
months old.

Earlier this year, Montgomery pleaded not guilty to the charge of
kidnapping resulting in death. Her attorney indicated then that Montgomery
would not employ an insanity defense. However, shortly after she was
arrested, Montgomery allegedly confessed to the crime to investigators.

According to the U.S. Attorneys office, the federal government currently
has 36 inmates on death row, including four from the Western District of
Missouri.

(source: Maryville Daily Forum)

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

Prosecutors to seek death penalty in drug-related slaying


In Kansas City, federal prosecutors will seek the death penalty against a
42-year-old man accused of killing an Independence man to prevent him from
cooperating with authorities investigating methamphetamine trafficking.

The trial of John Phillip Street, formerly of Jackson County, is scheduled
to start in February. He is accused in the 1998 killing of Douglas C.
Weil, whose body was found in the trunk of a car parked behind a motel.

U.S. Attorney Todd Graves formally notified judges that his office would
seek the death penalty in court filings Wednesday.

Street's attorney, Fred A. Duchardt Jr., said his client has denied the
charges.

According to the indictment unsealed in October 2004, Weil's murder
involved "torture or serious physical abuse."

Street was sentenced in July 2000 to 15 years in federal prison for
conspiracy to manufacture methamphetamine and for possession of a firearm
in relation to a drug-trafficking crime.

(source: Associated Press)






FLORIDA:

Smith leaves defending up to lawyer----Prosecutors say Joseph Smith 'knew
what he did was wrong.' He has pleaded not guilty in the murder trial of
11-year-old Carlie Brucia.


In Sarasota, a man charged with kidnapping, raping and killing Carlie
Brucia said Wednesday he agreed with his attorney's decision not to give a
closing argument in his murder trial.

Joseph P. Smith declined to testify before defense attorney Adam Tebrugge
waived his right for an argument. When the judge asked him if he agreed
with Tebrugge's unusual decision, Smith said: "I do." He has pleaded not
guilty.

The prosecution said in closing arguments that a litany of evidence points
to the guilt of Smith. The February abduction of 11-year-old Carlie gained
worldwide attention because it was caught on a car-wash surveillance
video.

Jurors have reviewed taped conversations of Smith, testimony about a
jailhouse confession he gave to his brother, DNA evidence linking him to
the crimes, the videotape and other proof, prosecutor Craig Schaeffer told
jurors.

"All together, all point to Joseph Smith as the person who committed these
crimes," he said.

Smith, a 39-year-old former auto mechanic and father of 3 daughters, is
charged with 1st-degree murder, kidnapping and capital sexual battery. If
convicted, he may face the death penalty.

Schaeffer argued the long amount of time it took for Smith to strangle
Carlie showed the crime was premeditated and he deserved to be convicted
of 1st-degree murder.

"He knew what he did was wrong," he said.

Tebrugge showed a video of the defendant's brother, John Smith, asking
about reward money in an effort to discredit his previous testimony in
which he implicated his sibling.

Defense attorneys played a videotape of John Smith asking an FBI agent
during an interview about a reward that had jumped to $50,000 from $25,000
for information leading to Carlie. Several hours later, investigators, led
by John Smith, found Carlie's body at a church property.

"I was wondering what the split was?'' asked John Smith, who never got any
reward money.

Defense attorney Adam Tebrugge had argued out of the presence of jurors
that John Smith's testimony on the videotape was inconsistent with his
courtroom testimony in which he said his brother asked him to get the
reward so a trust fund could be set up for Joseph Smith's children.

John Smith also testified that during a jailhouse visit after Carlie's
Feb. 1, 2004 disappearance, his brother confessed to raping and murdering
her and told him where to find the body.

Wednesday, defense attorneys called as witnesses a Florida Highway Patrol
trooper and 2 tree-service workers who testified they had seen men late at
night near the wooded area where Carlie's body was found.

(source: Associated Press)

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

Jury to get Carlie Brucia murder case----Trial comes to abrupt close when
defense waives argument


Jurors are to begin deliberating Thursday morning in a case made famous
when a man was captured on a surveillance camera abducting an 11-year-old
girl outside a car wash.

A "mountain" of evidence points to the guilt of a former auto mechanic
charged with kidnapping, raping and killing 11-year-old Carlie Brucia, a
prosecutor said in closing arguments Wednesday.

Defendant Joseph Smith did not testify, and his defense attorney offered
no closing argument.

Jurors heard taped jailhouse conversations in which Smith confessed to the
crimes. "I didn't mean to do it, Ma," Smith said in one, explaining that
he was high on drugs and the girl's slaying was an accident.

Jurors also were presented with DNA evidence and, above all, saw the
security camera images of a tattooed man in a mechanic's uniform grabbing
Carlie by the wrist and leading her away, prosecutor Craig Schaeffer said.

Carlie's disappearance from a car wash parking lot in February 2004
attracted worldwide attention because of the images, which were broadcast
repeatedly on television. Her body was found more than 4 days later near a
church.

"All together, all point to Joseph Smith as the person who committed these
crimes," Schaeffer said.

Smith, a 39-year-old father of 3 daughters, is charged with first-degree
murder, kidnapping and capital sexual battery. If convicted, he may face
the death penalty.

The trial came to a surprisingly abrupt close Wednesday afternoon when
attorney Adam Tebrugge waived the right to make a closing argument. Later,
outside the courthouse, Tebrugge conceded it was an unusual strategy but
said a closing argument would serve no purpose.

"I believe that I tried the best case possible," he said. "I believe that
we got all the information out, that we told the truth."

During the weeklong trial, defense attorneys faulted investigators for
ruling out other suspects and raised questions about the reliability of an
FBI lab where the evidence was analyzed.

Earlier Wednesday, Tebrugge played a videotape of Smith's brother, John,
asking about reward money in an effort to discredit the brother's
testimony.

John Smith tearfully told jurors that his sibling had confessed to "rough
sex" with the girl and to killing her, and then told him where the body
was.

After the prosecution began its closing argument, Carlie's mother, Sue
Schorpen, left the courtroom in tears. She rarely attended the trial.

(source: CNN)

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

Tennis gets the death penalty


Jurors Wednesday afternoon decided on the death penalty for Gabby Tennis,
the 25-year-old who was convicted of murdering a 91-year-old man.

By a vote of 8 to 4, the panel of 7 men and 5 women decided that Tennis
should be executed.

In September, jurors found Tennis guilty of 1st-degree murder in the
stomping death of disabled Hollywood war veteran Albert Vessella.

The death was brutal. Bloody sneaker prints that matched Tennis' shoe size
were left on Vessella's face and right thigh. His right ear had been
ripped. His neck was broken. His head had been struck repeatedly.

(source: Miami Herald)






OREGON:

Jury decides for death sentence in shooting 1991 killings - Michael Andre
Davis is the 1st in 5 years in Multnomah County to face execution

For the 1st time in 5 years, a Multnomah County Circuit Court jury imposed
the death penalty, ordering the ultimate punishment Wednesday for Michael
Andre Davis in the Nov. 2, 1991, aggravated murder of his ex-girlfriend
Belinda Fay Flannigan.

The jury also gave Davis, 49, life in prison without the possibility of
parole for killing Gerald Glenn Phillips, who was with Flannigan at the
Ara'bel Motel on Northeast Sandy Boulevard. The jury had convicted Davis
of 12 counts of aggravated murder on Oct. 28.

The 6 women and 6 men on the panel deliberated over the penalty for eight
hours Tuesday and Wednesday. About 2:15 p.m. Wednesday, Courtroom 312 was
filled with the prosecutors, the defense team, the families of the dead
and spectators.

The 6-foot-7 Davis sat between his lawyers, shackled hand and foot.

The presiding juror handed the verdict form to the courtroom clerk, who
passed it to Judge Michael McShane. He halted the hearing, took the
verdict in his chambers to review and closed the door.

One minute went by. No one spoke. People barely moved. Another minute went
by. Jurors looked around the courtroom or stared at their hands. Then
another minute passed. The only sound came from outside street noises.

After another minute, McShane came back to the bench to announce the
decision.

14 years and 2 weeks ago, Flannigan, 30, a mother of 3 who danced at the
Five Spot strip club, and Phillips, 33, were found shot to death in Room
24 at the Ara'bel Motel.

In the fall before the murders, Davis and Flannigan had lived together,
but Flannigan ended the relationship to resume a romance with Phillips.

Davis had been a suspect all along, but police did not have enough
evidence to charge him. In the late 1990s, however, Davis confessed to the
killings to several inmates while serving a prison term. Word of those
statements reached prosecutor Rod Underhill in 2002, and he won an
indictment against Davis.

At trial, Underhill and prosecutor Jeff Howes presented the inmates to
testify about what they had heard from Davis. Underhill also told the jury
that a half brother of Davis had driven him to the Ara'bel Motel on the
night of Nov. 2, 1991. The prosecutor then brought to the jury a witness
who had been a passenger in that car and watched Davis load a handgun
while threatening to kill Flannigan.

The work of defense lawyers Tim Lyons and Katherine Weber of Oregon City
was complicated by Davis' demand in the middle of trial to fire them.
McShane told Davis the trial would proceed with his defense team in place.

Lyons and Weber did not call any witnesses, relying instead on the
argument that the state had not proved its case.

During the sentencing hearing this week, the defense called in more than
half a dozen friends and relatives to speak for Davis. His frail mother,
Betty Davis Eason of Carson, Calif., turned to the jury and pleaded:
"Please don't take my son."

A defense psychologist testified that Davis registered an IQ of 76, well
below average, and showed signs of being impulsive and immature with
features of anti-social personality disorder.

The prosecution brought in Davis' extensive record of arrests and
convictions starting when he was age 9.

Multnomah County Circuit Court juries are not inclined to hand down a
death penalty. The last one imposed was in 2000 on Eric Running, convicted
in the shotgun killings of a former girlfriend and another woman.

After reading the verdict Wednesday, McShane dismissed the jurors, and
they returned to the deliberation room. Flannigan's parents, Kirk and
Barbara, who had been clutching each other's hand, stood up, and Kirk
Flannigan said, "Thank God it's over."

"We're so grateful," said Barbara Flannigan. "We were represented by great
people. He won't hurt anyone else now."

They stood around Phillips' mother, Ophelia, who wiped her eyes over and
over.

Underhill approached Phillips and the Flannigans to offer his view of how
the jury came to its decision. "This jury did something interesting and
insightful," he told them.

Looking first to the Flannigans, Underhill said, "They decided that Mr.
Davis set out to kill your daughter," then he turned to Phillips, "and
your son just happened to be there."

The family members nodded. Underhill told them to come back to court Dec.
5 for a hearing in which the judge will formally impose the death penalty
on Davis.

(source: The Oregonian)






ALABAMA:

Be sure this issue is not dead.


Many Alabamians may not agree with their conclusions but the Birmingham
News editorial staff has done a splendid 6-part series on the death
penalty in Alabama and in the process has reversed the newspaper's
position on that volatile issue.

Said the Editorial Board: "After decades of supporting the death penalty,
the editorial board can no longer do so. We can no longer in good
conscience continue to advocate the death penalty in Alabama."

(source: Alabama Scene)






NORTH CAROLINA----impending execution

Inmate's children face reality of execution in wait for clemency

The children of Elias Syriani waited for word Wednesday on whether the
governor will spare their father's life, a wait made more difficult by
last week's execution of another inmate.

"They heard the story of (Steven Van) McHone's execution and felt for his
family," said lawyer Russ Sizemore. "Their hearts went out to that family.
That just made it very, very real to them.

"They are praying a lot. They are very much at the end of their tether in
the sense that it's emotionally a very hard time.

Gov. Mike Easley has granted clemency twice since taking office in 2001,
but has not spared the life of any death row inmate since January 2002.
North Carolina governors have granted clemency only 3 other times since
the state resumed executions in 1984 after a hiatus while the U.S. Supreme
Court determined its constitutionality.

Nationally, clemency was granted 186 times - including 167 commutations by
the Illinois governor in 2003 - between 2001 and 2005, according to the
Death Penalty Information Center.

Syriani, 67, was sentenced to death for the 1990 death of his wife, Teresa
Syriani, 40, who was stabbed 28 times with a screwdriver in Charlotte. She
died 26 days later from the attack that started when she told her husband
as they drove home that she wanted a divorce.

A week ago, the couple's children - Rose, Janet and John Syriani and Sarah
Barbari - met with Easley to plead for their father's death to be commuted
to life in prison without parole. John Syriani comments were critical
because he witnessed the attack, their lawyer said.

Syriani's lawyer, Henderson Hill, said that he is dropped all legal action
in the case and only pursuing clemency to save his client from execution.
Prosecutors, who also have talked to the children, refused after meeting
with Easley to say whether they favored execution.

"I think we were able to tell him what was on our mind," Rose Syriani, 28,
of Chicago, said after meeting with Easley last week. "We hope he listens
to our plea.

"We are here on behalf of our mother. She was a very loving and forgiving
person. We just want to be able to remember those memories, the past that
we shared with our mother and our father and be able to move on."

Since then, the children haven't publicly commented about the case.

The Syrianis hadn't seen their father on death row until two years ago and
have since said they have forgiven him. Part of their forgiveness stems
from learning about his traumatic upbringing as an Assyrian Christian in
Jerusalem.

Experts in child trauma and domestic violence say executing Syriani would
additionally harm the children, Sizemore said.

The children don't plan to witness their father's death if clemency isn't
granted, he said.

Official witnesses will be 2 detectives from the Charlotte-Mecklenburg
Police Department. 5 journalists also will watch: David Crabtree of
WRAL-TV; Mike Doyle of WBT radio; Tommy Tomlinson of The Charlotte
Observer; Andrea Weigl of The News & Observer of Raleigh, and Estes
Thompson of The Associated Press.

Syriani was moved Wednesday afternoon to a holding cell near the execution
chamber. The children plan to visit him Thursday at Central Prison in
Raleigh and then participate in an anti-death penalty vigil outside the
prison, Sizemore said.

Syriani appears to be a good candidate for executive clemency, according
to a death penalty expert.

"It is what clemency is meant to embrace. It's an exceptional case but one
in which I hope clemency will be seriously considered," said Richard
Dieter, executive director of the Washington, D.C.-based Death Penalty
Information Center. "Clemency is a hard thing to pin down. It's an act of
mercy."

ON THE NET

N.C. Department of Correction: http://www.doc.state.nc.us<

Death Penalty Information Center: http://www.deathpenaltyinfo.org

(source: Associated Press)



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