August 30 USA: 4 scheduled to be executed in September 4 death row inmates are scheduled to be executed in September. The 1st execution is scheduled for September 12th, with 2 the following week and 1 in the final week of the month. Those scheduled for execution include 1 man who suffers from severe depression among other mental illnesses and another who faced police beatings until he signed a confession. Daryl Holton, who is scheduled to be executed by the state of Tennessee, suffers from Post Traumatic Stress Disorder and severe depression. Farley Matchett claims he killed in self-defense but was beaten by police until he confessed to the crime, is scheduled to be executed by Texas on September 12th. Read more about these and the other cases below -- and ACT! -------------------------------------------------------------------------------- Do Not Execute Daryl Holton! Daryl Holton suffers from several mental illnesses, including severe depression. Several mental health experts testified at his trial that he has symptoms for other illnesses, such as schizoid personality disorder and Post Traumatic Stress Disorder from his service in the military during the First Gulf War. One psychologist even stated that the act of murdering his children may have been directly related to his depression. Holton has stopped the appeals process, which is consistent with the actions of a person who suffers from severe depression and other mental illnesses. ACT NOW by contacting Gov. Phil Bredesen requesting that he stop the execution of Daryl Holton! Read More and Take Action at: http://www.democracyinaction.org/dia/organizationsORG/ncadp/campaign.jsp?campaign_KEY=5107&t= -------------------------------------------------------------------------------- Do Not Execute Farley Matchett! Convicted for killing a man during a dispute about money, Matchett maintains he was defending himself, and he confessed to the crime only because of police brutality he endured while in custody. Furthermore, his counsel may few objections during the trial, and allowed him to be incarcerated for 19 months prior to any trial ever beginning. His counsel also only called two witnesses during the punishment part of the trial and did not follow proper mitigation steps in order to defend his client properly. The case of Farley Matchett demonstrates the use of the death penalty against the poor who cannot afford proper counsel. ACT NOW by contacting Gov. Rick Perry requesting that Farley Matchett's execution be halted! Read More and Take Action at: http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=5105 -------------------------------------------------------------------------------- See and act on all current Execution Alerts at http://www.ncadp.org/execution_alerts.html September 12: Farley Matchett, TX http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=5105 September 19: Daryl Holton, TN http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=5107 September 20: Clarence Hill, FL http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=5111 September 25: Pedro Sosa, TX http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=5109 (source: National Coalition to Abolish the Death Penalty) *********************** The Death Penalty In high school, we had to participate in a debate about the death penalty. I was assigned to argue against the death penalty. Some of the things I came across were astonishing and combined with my own personal beliefs, I see no reason for it in any case, anywhere. Here's why: It costs more to execute someone than it does to keep them incarcerated for life. So, by executing criminals we are hurting the economy. Each year, a number of innocent people are put to death. Criminal cases require juries to find people guilty beyond a reasonable doubt for this reason. But our system is not foolproof and innocent people get killed. As has been said, "It's better to let 1,000 guilty men go free than one innocent man be punished" Since there is no guarantee, we should not be willing to take the risk. Murder is a crime. So, to execute a murderer is to commit murder. It's that simple. If we are going to allow certain people to commit murder, then why not allow vigilantes to roam wild? There's no justification for it. If you want to go the religious/moral angle, to murder is a sin and a moral wrong. "Let the one among you who is without sin be the first to throw a stone at her." This is from the famous biblical story of an adultress who was about to be stoned to death by a group of men because her crime back then was punishable in this fashion. Jesus said these words to the group of men and no one threw a stone. If Jesus, the supposed son of God would not allow this, I doubt he'd be in favor of the death penalty. Continuing on in this vein, one of the Ten Commandments reads, "Thou shalt not kill". There is no fine print making an exception for criminals. Try thinking about punishing a criminal the way you would punish a child. You do not punish a child to hurt them, you punish them in the hopes that it will teach them a lesson. This is certainly not to say that all criminals will learn or that we don't want to punish a criminal. But one or both of these can be achieved with jail time. Neither of them can be achieved with the death penalty. The criminal gets basically "put to sleep" in a way that is humane and without pain and doesn't have to dwell on what he/she did and has no chance of redeeming his or herself. "An eye for an eye leaves everybody blind". Hammurabi's code is wrong. Ghandi's right. And even if you felt like an eye for an eye was a good doctrine to follow, here's why we can't. How are you going to make a man feel the pain the woman he raped felt? Killing him is pain alright, but that's not an eye for an eye. That's more like an eye for an ear. Deterrance is not an acceptable answer either. People are deterred from crime everyday by the threat of prison and if they're not deterred by that, they're not going to be deterred by the threat of the death penalty. We look down upon public executions that take place in stadiums in Middle Eastern countries, but how is our system so different? We allow a crowd to watch the execution and the main similarity is that in both instances, they're killing someone. Hypocritical? Just a tad. And, another nice touch, we are the only civilized country in the world with the death penalty. It's a shame that we live in a world where something such as this is as big a deal as it is because the best answer to this question would be not having to answer it but is the dealth penalty right? Not according to me. I think murder is a crime. Period. (source: Lauren Wilson, Associated Content) ALABAMA: A-G to push for death penalty for some sexual predators Alabama's attorney general wants tougher laws on the books for sexual predators. Troy King, appearing in Mobile yesterday, said sex offenders convicted in extreme cases should be subject to the death penalty. It's 1 of 3 proposals he plans to submit to the Alabama Legislature early next year. King also said he'll seek other changes, including allowing sex abuse victims to testify by way of close circuit. Another proposal would amend a state law that would bar sex offenders from living or working within two-thousand feet of a Y-M-C-A branch and Boys and Girls Clubs. Alabama law already bars convicted predators from living near schools or child care centers. King, a Republican, faces Mobile County District Attorney John Tyson Junior, a Democrat, in the November 7th general election. (source: Associated Press) VIRGINIA: Death penalty will be sought for Morva, prosecutor says----William Morva likely will face a second capital murder charge when grand jury meets in October. The Montgomery County commonwealth's attorney said Tuesday he'll seek the death penalty for a man accused of killing a sheriff's deputy and a hospital security officer after escaping police custody. William Charles Morva, 24, was charged last week with capital murder and use of a firearm in the Aug. 20 shooting death of Derrick McFarland, a security officer at Montgomery Regional Hospital. In a news conference Tuesday morning, Commonwealth's Attorney Brad Finch said he will seek a 2nd capital murder charge in the shooting death of Montgomery County Sheriff's Cpl. Eric Sutphin. Sutphin was gunned down as he patrolled the Huckleberry Trail on bicycle Aug. 21, the day after Morva escaped and McFarland was fatally shot. "We do intend to seek the death penalty in this case," Finch said as he stood in the Montgomery County Courthouse's law library, flanked by officials from the Christiansburg and Blacksburg police departments and the Virginia State Police. Finch said he waited until Tuesday to announce the new charges out of respect for the victims and their families. At the next regular grand jury meeting on Oct. 10, the jury will decide whether Morva should face the second capital murder and firearms charges. It is rare for a grand jury not to certify charges. The next day, Morva faces a preliminary hearing on the charges filed in connection with McFarland's shooting. Morva escaped after he was taken to Montgomery Regional Hospital by a Montgomery County deputy, who authorities are declining to name. Morva had reported falling out of bed and injuring his wrist and ankle. At the hospital, Morva knocked out the deputy and stole his gun, officials have said. When McFarland, who was unarmed, tried to help the deputy, Morva shot him, officials said. Morva fled from the hospital and a manhunt ensued that eventually prompted Virginia Tech to cancel classes on the first day of school, send students to their dorms and evacuate its staff. It was during the search for Morva that Sutphin was shot on the popular Huckleberry Trail walking and cycling link between Blacksburg and Christiansburg. Some 8 hours later, Morva was captured about 150 yards away. Officials have released no details on the circumstances surrounding Sutphin's death, including whether Sutphin was alone and whether he wore a bulletproof vest. On Monday, Montgomery County Board of Supervisors Chairman Steve Spradlin said he thought Sutphin had finished his shift, but stayed out on patrol. Finch said Tuesday that releasing details of Sutphin's death might harm the prosecution's case against Morva. He also declined to comment on the charges faced by Morva's older brother, Michael Akos Morva. Michael Morva has been charged with conspiring with his brother to escape police custody. According to court documents, that conspiracy occurred in January. Michael and William Morva were both in jail then on charges related to attempted thefts. Michael Morva was released on bond in January, but William Morva was kept in jail. Montgomery County Sheriff Tommy Whitt said Tuesday that he was extremely pleased by the outpouring of community support during and after the search for William Morva. Businesses donated food and drinks for law enforcement officers, and residents offered their help. "I've not seen anything quite so dynamic in my 30 years in law enforcement," Whitt said. Memorial funds have been set up for the families of McFarland and Sutphin, and the Montgomery County Sheriff's Office held a car wash Saturday that raised $11,300 for the families. "It's just phenomenal. We couldn't believe it," said sheriff's office Lt. Brian Wright. "We were washing 3 cars at a time." Many people donated money without waiting to have their cars washed, he said. Whitt said he believes the car wash was an important opportunity for law enforcement officers to gather and show their support. "A lot of healing took place Saturday," he said. Still, he said, it'll be a while before things are back to normal at the sheriff's office. "We still hurt," Whitt said. "We reflect upon memories of him every day," he said of Sutphin. Whitt said he thinks Sutphin is the first Montgomery County officer to be killed in the line of duty. (source: Roanoke Times) OKLAHOMA: Oklahoma handyman executed for 1994 robbery: murder Oklahoma executed a former handyman by lethal injection on Tuesday for the 1994 robbery and murder of an Oklahoma City woman. Eric Allen Patton, 49, was condemned for stabbing Charlene Kauer, 56, to death with several knives, a barbecue fork and a pair of scissors on December 16, 1994. Patton's fingerprints matched those found on the barbecue fork left protruding from Kauer's chest. Patton confessed to the killing, but later appealed his conviction on the grounds he was under the influence of cocaine and could not form the intent to kill. Patton was on a parole for a robbery in California at the time Kauer was killed in her home. Earlier this month, a federal judge threw out a lawsuit Patton filed against Oklahoma arguing the state's method of lethal injection violates the U.S. Constitution's ban of cruel punishment because a condemned convict could be awake when the deadly chemicals are injected. Most states inject a large dose of a sedative to render a condemned prisoner unconscious before the prisoner is given chemicals that stop the lungs and heart. Even though Patton's lawsuit failed, Oklahoma doubled the dosage of sedatives that Patton and future condemned prisoners receive. On Tuesday, while strapped to a gurney in the execution chamber, Patton thanked his family and prison officials. "I want to thank the guards here on death row who have been like family to me, and their lives have been a blessing to me," Patton said. "I've had a good life here on earth," Patton said. "It's been a blessing. It's been a blast." Patton was the 82nd person executed in Oklahoma since the state resumed capital punishment in 1990. (source: Reuters) CALIFORNIA: California Prison Reform Plan Falls Short----Lawmakers, calling it faulty, say they'll reject most of the governor's $6-billion proposal to ease crowding. Gov. Arnold Schwarzenegger's sweeping proposal to ease overcrowding and other woes inside California's beleaguered prison system hit a wall Tuesday as lawmakers said they would reject major pieces of his $6-billion package. One result: California's teeming penitentiaries - already packed to twice their intended capacity - will run out of bed space by June, officials say, and nobody can agree on a plan to quickly create more room. Assessing the prospects, Corrections Secretary James Tilton said he would be forced to close prison doors to incoming inmates next summer. Counties with caps on their jail populations probably then would be forced to release inmates, he said. "I'm out looking for every available bed," Tilton said in an interview. "It's a struggle, and I hope the Legislature will reconsider and help us find some immediate relief." Schwarzenegger had proposed two short-term moves to free 9,000 beds: the transfer of 5,000 felons facing deportation to prisons in other states and the use of private facilities to house 4,000 low-security inmates. Members of the Legislature's Democratic majority, however, said the mandatory transfers might be unconstitutional. As for the 4,000 private prison beds, it was unclear whether they were even available, lawmakers said. Legislators described Schwarzenegger's plans as hastily assembled and lacking basic pieces of information, and asked that the administration flesh them out when lawmakers reconvene in January. Democratic leaders submitted alternative legislation containing parts that they found acceptable. "It was apparent in the [legislative] hearings that the governor's ideas weren't ready for prime time," said Mike Machado (D-Linden), chairman of the Senate's committee on the special legislative session on prisons called by Schwarzenegger. The special session, concurrent with the regular session, allows lawmakers to bypass many legislative rules and adopt bills more quickly than usual. Any legislation that is approved would take effect 90 days after the session concludes rather than at the beginning of next year. The Senate and Assembly plan to vote on the legislative package today or Thursday. Sen. Gloria Romero (D-Los Angeles) joined other lawmakers in criticizing the governor for failing to focus on dysfunctional parole and sentencing laws, which she called the root of overcrowding. Romero also accused him of using the special session as a campaign stunt. "This special session is show time for the governor," Romero said. "He wants the blaring trumpets and big hurrahs because there's an election coming up. He should have dealt with these problems last October when he was warned about the population crisis." Lawmakers embraced only one piece of the governor's package: the transfer of 4,500 nonviolent female inmates - about 40% of the total number of incarcerated women - to correctional centers in their communities. Each center would house as many as 200 offenders, providing them with education, vocational training, substance abuse treatment and other services to increase their odds of success after release. Experts say such a move would be a groundbreaking shift in policy and would reduce the recidivism rate for California's female offenders, now housed in prisons at Chowchilla, Chino and Norco. Many of the new beds, however, may not be available before 2008. Corrections - an $8.6-billion-a-year operation in the throes of a long-running crisis - became the subject of a special session this month after Schwarzenegger said urgent attention was warranted to alleviate crowding. The state's 33 prisons house about 173,000 inmates, with more than 16,000 of them bunked in gyms, hallways and other spaces not intended as living quarters. Projections show that the state will receive 23,000 more felons over the next 5 years. Officials warn that the packed prisons - staffed by officers stretched thin because of vacancies - are on the brink of a violent outbreak. Schwarzenegger said a failure to address the crisis could prompt a federal judge to seize the prison system and order the early release of tens of thousands of inmates. In addition to the shifting of female convicts, the governor's initial proposal called for $6 billion to build 2 prisons, expand existing lockups and open mini-prisons - called reentry centers - in urban areas for inmates nearing their release dates. Since then, however, Schwarzenegger has scrapped his plan for new prisons and now embraces a suggestion by the federal receiver in charge of prison healthcare: the construction of medical and mental health facilities for 10,000 inmates. Legislation put forth by Democrats this week would authorize that move and provide $14 million to design the facilities. The legislation also would provide funding to build space for 5,340 more inmates at existing prisons, design the reentry facilities, and build a new Southern California academy to train correctional officers. In all, lawmakers propose to fund less than $1 billion of the $6-billion package originally proposed by Schwarzenegger. (source: Los Angeles Times) ************** No Death Penalty for Marine Widow - New York TimesNo Death Penalty for Marine Widow Prosecutors said Tuesday they would not seek the death penalty for a woman accused of poisoning her Marine husband to cash out his military life insurance policy. Cynthia Sommer, 32, is charged with murdering Sgt. Todd Sommer, 23, at their home at the Marine Corps Air Station Miramar in San Diego on Feb. 18, 2002. His death was initially ruled a heart attack. Liver tests later found high levels of arsenic, according to court papers. Cynthia Sommer pleaded not guilty in March. Superior Court Judge Peter C. Deddeh denied a defense motion to set bail for Sommer, who is scheduled for trial on Jan. 2. Investigators testified at a hearing in July that she used money from the $250,000 life insurance policy to buy new clothes, eat out and have her breasts surgically enhanced. (source: Associated Press) SOUTH DAKOTA: Former Legislator Reacts To Delay Governor Mike Rounds' decision to reprieve Elijah Page's execution gives legislators time to consider changing the state's capital punishment statue during the next session. Sioux Falls lawyer and former legislator Scott Heidepriem says South Dakota narrowly avoided legal complications when the governor put execution on hold. He says the Department of Correction's plan to use 3 drugs to kill Page contradicted state statute. "What the Department of Corrections is planning is outside of the law because the state statue mandates 2 ingredients," said Heidepriem. Heidepriem says the Department of Corrections should have approached legislators when it first discussed adding a third drug in the state's lethal injection procedure, so it would match the state law. 'But instead, what happened is the Department of Corrections decided to adopt this by rule and that's a problem because the statue speaks by mandate about what is to be contained in the lethal cocktail," Heidepriem said. If Page's execution had been carried out, Heidepriem says the state could have been taken to court for not following the law. Now, whatever the legislature decides will impact the other inmates waiting on death row. "If the state does not change the law, they have a terrific argument to escape execution if the Department of Corrections still wants to use that third ingredient, the potassium chloride," he said. An execution only the Governor and Page himself could stop now hinges on a decision only the 2007 state legislature can make. "What the state legislature will do is they will look at the experiences of other states with larger populations and probably be guided by that experience," he said. The legislature is expected to take up the law regarding the number of chemicals used for executions during its session this winter. If they vote to change it, wouldn't take effect until July of 2007. That's the earliest time Page's execution date could be rescheduled. (source: KELOLAND TV) *************** Attorney for death-row inmate Donald Moeller raised objection to state's method of execution The lawyer who uncovered a problem with a state law that ultimately caused a delay in Elijah Page's execution said his biggest concern is hypocrisy. "My real beef is that the state has a mandatory statute that they have chosen not to follow, for whatever reason, and that if were going to execute people, we as a society have a responsibility to follow our own rules," Mark F. Marshall, a Sioux Falls lawyer, said. Gov. Mike Rounds, just hours before Page, 24, was to be put to death Tuesday, issued a reprieve until July 1, 2007, after he was told that the planned method of lethal injection with 3 drugs could have been illegal. Page, who murdered Chester Allan Poage of Spearfish in 2000, had given up his appeals and volunteered to be executed. The issue arose in a legal argument filed by Marshall, the court-appointed lawyer of Donald Moeller, another death row inmate. Moeller killed 9-year-old Becky OConnell of Sioux Falls in 1990. Marshall said the 3rd drug, potassium chloride, quickly stops the heart but cannot be legally used in a South Dakota execution because the law only allows the use of 2 drugs. "It makes it a lot more palatable for those who are required to observe and for the execution," he said of the 3rd drug. But it also "produces a searing burning effect when it goes through your veins," Marshall said. "So if you botch the 1st drug and get the 2nd one right, the inmate could feel tremendous pain for some period of time, however brief, and not be able to express it." The law on the books since 1984 says the state has to use two drugs, not 3, he said. "The Legislature used the term 'shall.' And 'shall' is a term of art that means it's a mandatory directive. And it allows no discretion in how you carry out the act, Marshall, who also is on the state parole board, said. He has asked U.S. District Judge Lawrence Piersol to be allowed to raise the issue in Moeller's appeal, but Piersol has yet to say if he will allow it. (source: Rapid City Journal)
[Deathpenalty] death penalty news----USA, ALA., VA., OKLA., CALIF., S. DAK.
Rick Halperin Wed, 30 Aug 2006 11:16:14 -0500 (Central Daylight Time)
