[Deathpenalty] death penalty news----OHIO, CALIF., N. DAK., USA, PENN.

[Rick Halperin]

September 5



OHIO:

New hope for Richey as retrial plea approved


DEATH row Scot Kenny Richey has been offered new hope in his bid for
freedom.

The 42-year old, who has been on death row in Ohio for nearly 20 years,
has been told a court will hear his pleas for a retrial. The news grants
him another stay of execution until at least January.

Richey, sentenced to death in 1987 for the murder of 2-year-old Cynthia
Collins, has always protested his innocence. In January, his lawyers will
argue before Ohio's Supreme Court that his case should be retried.

It will be the first time defence lawyer Ken Parsigian has come
face-to-face with Ohio prosecutor Gary Lammers, who is intent on keeping
Richey behind bars. Both men are prepared to see the case to the end but
Lammers has admitted he wants Richey executed.

The good news from Richey's lawyers came in the week he is to have an
emotional reunion with his mother. Eileen, 61, from Edinburgh, is to make
her first visit for 3 years to the Mansfield Correctional Institute.

Richey said: "I cannot believe I have to wait another 6 months to find
out what is happening. I am happy that my lawyers are going to be able to
argue my case, but I am devastated that I have to spend another Christmas
in here with a heart condition."

(source:  The Scotsman)



CALIFORNIA----re: federal death penalty to be sought

Feds to seek death penalty in case of body dumps near Yosemite


The demands of the kidnappers were simple: Pay the ransom and the
hostages would be freed.

But prosecutors said the crew of Russian immigrants killed their hostages
anyway - even after collecting $1 million from some of the victims'
relatives.

More than 4 years after the 5 bodies were found in a reservoir north
of Yosemite National Park, opening statements are expected this week in
the federal trial of 2 men accused of orchestrating the crimes.

It's a rare instance in which federal prosecutors are seeking the death
penalty.

"Regardless of whether the ransom money defendants demanded was paid or
not, each of the defendants' victims met the same fate," prosecutors said
in court documents. "Defendants brutally murdered each one of them."

Iouri Mikhel, 41, and Jurijus Kadamovas, 39, have pleaded not guilty to
charges that include conspiracy and hostage-taking resulting in death. A
third defendant, Petro Krylov, 33, is scheduled for trial in January after
denying the allegations.

3 other coconspirators have pleaded guilty to similar charges. One is
the girlfriend of Kadamovas, who will likely testify during the upcoming
trial.

Authorities suspect the ring had links to Russian organized crime, but it
appears prosecutors won't raise that issue during trial because no
racketeering charges have been filed.

Prosecutors and defense attorneys declined to comment about the case.

The indictment, however, provides a detailed look at the kidnappings that
occurred over a frenzied four-month period beginning in late 2001.

The documents allege the crew demanded a total of more than $5.5 million
from relatives and associates of the victims, and eventually collected
about $1.2 million that was used to buy expensive cars and make mortgage
payments on luxury homes.

Mikhel used $2,500 to put a down payment on two Doberman pinschers to
guard his house, the documents state.

At trial, prosecutors intend to present tape recordings of ransom calls;
DNA belonging to two victims collected from handcuffs; and a pair of shoes
that were matched to a bloody footprint found on a bridge near the
reservoir.

The scheme began when Mikhel and Kadamovas targeted George Safiev, 37, a
wealthy Russian banking mogul who had recently moved to Los Angeles to
start Matador Media, a film production company, the documents state.

But after several failed abduction attempts and discussions about staging
a car accident, the kidnappers turned their attention to real estate
developer Meyer Muscatel, according to the documents.

Mikhel is accused of posing as a possible investor and luring Muscatel to
what was billed as a business meeting in October 2001. Kidnappers killed
him after they were unable to get money from his bank accounts, the
documents state.

His body was weighted down and dumped over a bridge along the New Melones
Reservoir. It was discovered a few days later, hands bound and a plastic
bag over his head.

Prosecutors wrote that Safiev's accountant, Rita Peckler, was abducted and
killed two months later when she was unable to lead the crew to Safiev.

The next victim was Alexander Umansky, who owned a car accessory business
that once employed Krylov. Umansky was killed after his family paid more
than $230,000 for his release, documents state, adding the crew sought
even more money after his death, promising he would be returned alive.

Prosecutors wrote that Safiev was finally snared in early 2002 after his
business partner, Nick Kharabadze, was abducted and forced to arrange a
meeting with Safiev. Another business associate transferred $960,000 to a
bank account that authorities said was controlled by the kidnappers.

Still, Safiev and Kharabadze were killed and dumped into the reservoir
after being told they would be left alive at a motel, the documents state.

Authorities learned the location of the bodies after arresting a
coconspirator who later pleaded guilty in connection with the case.
Autopsies determined all the victims were either asphyxiated or strangled.

As authorities closed in, members of the crew flew to Aspen, Colo., a
playground for the rich, and planned a trip to Florida to attend a yacht
show to identify other possible victims, documents show.

Before his arrest, Kadamovas told one suspected accomplice that more
bodies would be dumped in the reservoir and eventually "'stacked on top of
each other,'" according to the court documents.

(source:  Associated Press)







NORTH DAKOTA----re: federal death penalty case

Jury set to decide eligibility for death penalty


In Fargo, a judge is allowing 2 additional autopsy photographs to be
shown to the jury in the next phase of the trial of Alfonso Rodriguez Jr.,
who was convicted in the slaying of a University of North Dakota student.

Rodriguez was found guilty last week of kidnapping resulting in the death
of Dru Sjodin, 22, of Pequot Lakes, Minn. Prosecutors are seeking the
death penalty for Rodriguez, 53, of Crookston, Minn.

The sentencing phase of the trial is scheduled to resume this week, when
the government will argue that Rodriguez qualifies for death penalty
deliberations. If the jury decides that Rodriguez isn't eligible for
capital punishment, he would be sentenced to life in prison without
parole.

U.S. District Judge Ralph Erickson ruled that the government may show two
autopsy photos that weren't entered in the guilt phase of the trial. He
said he won't allow pictures that show knife wounds.

Erickson said there's a "danger of creating unfair prejudice" by showing
some of the photos.

Sjodin was abducted from the parking lot of a Grand Forks shopping mall on
Nov. 22, 2003. Her body was found the following April in a ravine near
Crookston. Prosecutors said she was beaten, raped and stabbed.

A jury of 7 women and 5 men deliberated less than 4 hours before finding
Rodriguez guilty of the federal charge. It's the 1st death penalty case
in North Dakota in more than 100 years.

Erickson also ruled from a hearing held last week that he would allow two
of Rodriguez's prior victims to testify in the next phase, but they can't
say whether they were diagnosed with post-traumatic stress disorder.
There's no medical records to back those claims, the judge said.

In the final ruling, Erickson decided to retain 4 alternate jurors
through the end of the trial. Defense attorney Richard Ney wanted the
alternates dismissed because they did not deliberate during the guilt
phase.

(source:  Associated Press)




USA:

Repeat sex offenders deserve death penalty


In regard to "Anger builds after sexual assault" (Aug. 17), there's
another life ruined because of a sex offender who never should have been
out of jail. It wouldn't have happened if Albert Dumas Jr. of North
Whitefield had served the 20 years he was sentenced to in 1992. He served
60 % of that sentence.

Everybody wants to protect children and adults but where's the punishment.
I blame the Legislature and court system. Looks like the Legislature might
categorize sex offenders at different levels -- big deal. How about a
leper category -- probably too harsh. All are in the category of cowards.
All levels have ruined thousands of lives and cost society millions of
dollars. There's rehabilitation for certain crimes. But if he's done what
he is accused of doing, there's no rehabilitation or forgiveness. Who
would ever trust him again?

A rat's nest you eradicate -- you don't let some live. Linda Roinestad of
Windsor had a sign saying "Castrate Dumas." If found guilty, that is an
appropriate punishment. If they do it again, they should get the death
penalty. If it cramps anybody's style to mention the death penalty and
leper category, oh well. Something needs to be done, now, to protect
society.

Wellman Cromwell----Pittston

(source:  Letter to the Editor, Kennebec (Maine) Journal)




PENNSYLVANIA:

Death penalty trial for Joseph Gacha begins today


In Wilkes-Barre, opening arguments in the death penalty trial of Joseph
Gacha Jr. is set to begin later today in Luzerne County Court.

Gacha, 29, of Edwardsville, is accused of fatally stabbing 20-year old
Carrie Lynn Martin inside her apartment on Howard Street, Larksville, on
May 28, 2004.

Prosecutors allege Gacha and Daniel Kukucka, 26, went to the apartment
looking to rob someone else when they encountered Martin, stabbing her at
least 47 times.

Kukucka killed himself while jailed at the Luzerne County Correctional
Facility on July 22, 2004.

Luzerne County assistant district attorneys William Finnegan and Jarrett
Ferentino are prosecuting.

Attorneys Mark Bufalino and Paul Galante are defending Gacha.

(source:  Times Leader)