Dec. 6
OHIO:
Death penalty trial next week for Xenia man
A Xenia man will go on trial in Kentucky starting Monday in an attempt to avoid
the death penalty for his role in a 2005 double homicide.
A Rowan County, Ky., jury on Tuesday night found Ronald Christopher Fairchild,
44, guilty on 2 counts of complicity to commit murder, aggravated robbery and
aggravated burglary in the deaths of Donald Walker and Marlane Mauk in May
2005.
Walker and Mauk were found in Walker's home in Fleming County, Ky., on May 6,
2005, after not being seen in several days. Both were shot more than once and
their bodies locked in Walker's trailer from the outside.
Earlier this year, 2 co-defendants each pleaded guilty to 2 counts of
complicity to commit murder in the case. Those co-defendants, Jason Jackson of
Xenia and Rodney Dodson of West Carrollton, are to be sentenced Dec. 14.
The Greene County Sheriff's Office helped Kentucky State Police in the
investigation that led to the arrests of all 3 men in May 2011, sheriff's Capt.
Eric Spicer said Wednesday. Fairchild agreed to a polygraph exam, administered
by the sheriff's office, and made incriminating statements indicating his
involvement in the slayings, Spicer said.
"On May 10, 2011, Chris (Fairchild) made a life-altering decision of submitting
to a polygraph test," the Ledger Independent reported defense attorney Paul Cox
as saying in closing statements to a jury on Tuesday. Cox tried to explain what
he called faults with the interview process done by the Greene County
detectives, insisting to the jury that Fairchild was pressured into taking the
test and into making false statements incriminating himself in order to tell
the polygraph administrator what he wanted to hear.
According to trial testimony, by the end of the test, Fairchild had admitted
being in the Walker trailer in the eastern Kentucky county of Fleming when
Walker and Mauk were killed, describing where everyone was in the room and
pointing an accusatory finger at Jackson as the shooter.
During the trial, DNA evidence on the trailer lock put Jackson at the crime
scene; other evidence linked the weapon to Jackson, including the bullet
magazine from his gun, which was found in a Fleming County pond in 2010.
Testimony from Jackson and Fairchild put Dodson on the couch next to Mauk when
the shooting started and the gun in the hand of Jackson or Fairchild,
Under the guise of engaging Walker in a drug transaction, Jackson and Dodson
entered the home and left Fairchild in the car, facts that did not appear to be
disputed, based on video and testimony.
Testimony also revealed that Mauk was seated on a couch and Walker took a seat
in a chair, with Dodson sitting next to Mauk on the couch.
A few minutes later, Fairchild testified that he entered the trailer and went
to warm his hands on the wood stove.
Walker was shot at first, with a bullet grazing his face - before he was shot a
2nd time. Mauk was shot where she sat and more shots were fired into Walker,
according to testimony.
Cox, the attorney, contended Jackson did the shooting, to the surprise of
Fairchild.
Jackson locked the trailer, left with the others, and went to his home,
ordering his wife to drive Dodson and Fairchild back to Ohio and stay there
until he moved their things to Ohio.
The bodies were found days later.
(source: WHIO TV News)
***********************
450 pounds and on death row: Inmate too fat to kill?
Weighing 450 pounds and on death row, Ohio inmate Ronald Post claims he is too
fat to kill. In Ohio, the death penalty is lethal injection. However, Post
believes that executioners will have a difficult time finding the veins inside
his morbidly obese body, and that could lead to complications that translate
into cruel and unusual punishment.
According to a report by The Huffington Post dated Dec. 5, 2012, attorneys for
the man who is 450 pounds and on death row presented the following argument:
"Given his unique physical and medical condition there is a substantial risk
that any attempt to execute him will result in serious physical and
psychological pain to him, as well as an execution involving a torturous and
lingering death."
His attorneys also note that Post's request for gastric bypass surgery was
declined, and his weight makes walking dangerous because he might fall and hurt
himself. His depression has contributed to overeating and his back and knee
problems make exercising impractical at best.
There are essentially 3 ways that Ronald Post could be executed. The 1st is
lethal injection the traditional way, lying on a gurney in the death chamber
with a cocktail of drugs pumped into his veins. However, this method will not
be viable if his veins are inaccessible.
The 2nd way that Post could be executed is by having the drugs injected
directly into the muscle tissue buried beneath hundreds of pounds of fat. This
method could potentially take several days during which the 450-pound inmate on
death row is likely to suffer.
The 3rd possible method is called the "cut-down" method in which executioners
would simply cut through layers of fat until they uncover a vein. Ronald Post's
attorneys have indicated that they would protest such a measure.
From 1803 to 1897, hanging was the method of execution in the State of Ohio. In
1897, the state switched to the electric chair. The last execution by
electrocution in Ohio took place in 1963. There was a lull in executions when
the death penalty was declared unconstitutional. By 1993, prisoners were being
given a choice between electric chair and lethal injection, according to the
Ohio Department of Rehabilitation and Correction website.
(source: The Examiner)
*********************
Ronald Post, Obese Death Row Inmate, Fights Execution In Ohio
At about 450 pounds, Ohio death row inmate Ronald Post is so fat that his
executioners won't be able to find veins in his arms or legs for the lethal
injection, and he might even break the death chamber gurney, his lawyers say.
If the state is forced to use a backup method that involves injecting the drugs
directly into muscle, the process could require multiple doses over several
hours or even days and result in a grueling and painful end, they say.
Post, who gained close to 200 pounds on death row, is trying to stave off
execution Jan. 16 for the 1983 killing of a motel clerk during a robbery,
arguing that because of his obesity, an attempt to put him to death would
amount to cruel and unusual punishment.
State officials say Post, 53, can be humanely executed under both Ohio's usual
method and the untested backup procedure. The warden at the prison where the
death chamber is situated even tested the gurney by piling 540 pounds of
weights on it for 2 hours.
Post has not presented "sufficient evidence demonstrating that his obesity or
other physical conditions will present a substantial risk that his execution
cannot be conducted in a humane and dignified manner," Assistant Attorney
General Charles Wille said in court papers.
A federal judge in Columbus will hold a hearing on Post's claim later this
month.
Post's case is not without precedent: In 1994, a federal judge in Washington
state ruled that convicted killer Mitchell Rupe, at more than 400 pounds, was
too heavy to be hanged because he might be decapitated. After numerous court
rulings and a 3rd trial, Rupe was sentenced to life in prison, where he died in
2006.
If Post manages to stop his execution because of his weight, the legal
precedent may not be far-reaching, because of the very small number of death
row inmates who are that obese, said Deborah Denno, a Fordham University law
professor and expert on lethal injection. And she said it is unlikely prisoners
would begin stuffing themselves to try to fend off execution.
Richard Dieter, executive director of the Washington-based Death Penalty
Information Center, which opposes capital punishment, predicted states will
find a way around obesity claims by adjusting their execution procedures,
perhaps by changing the drug or the dosage.
"Inmates probably will recognize that that's a thin straw to hang your hopes
on," he said.
In 2007, it took Ohio executioners about 2 hours to insert IVs into the veins
of condemned killer Christopher Newton, who weighed about 265 pounds.
At 6-foot-2 1/2, Post weighed 260 pounds around the time he was moved to death
row in 1985. His weight has gone up and down behind bars, and at one time he
lost 150 pounds through dieting, his lawyers say.
But knee and back problems have made it difficult to exercise, his lawyers say.
They also say Post's request for gastric bypass surgery was denied, he has been
told not to walk because he might fall, and severe depression has contributed
to his inability to control how much he eats.
The Ohio prison system would not comment on how Post gained so much weight
behind bars. They said meals are served in reasonable portions and seconds are
not allowed, and they provided copies of prison menus that list healthier
options such as low-fat milk, vegetarian patties and mixed vegetables.
Inmates can buy sweet and salty snacks from the commissary.
A doctor who examined Post for the defense said Post does not have accessible
veins in his arms, hands or legs.
"Given his unique physical and medical condition there is a substantial risk
that any attempt to execute him will result in serious physical and
psychological pain to him, as well as an execution involving a torturous and
lingering death," Post's attorneys argue in court papers.
His lawyers have indicated they would fight any attempt by the state to employ
a third possible procedure: the "cut-down" method, in which executioners cut
into the condemned man's arms to find a vein. Ohio's execution policies don't
call for such an approach, and it is unclear if the state can go ahead with
such a procedure without court approval.
(source: Associated Press)
CALIFORNIA:
Prosecution Makes Final Argument For Death Penalty In Hirschfield Case
The prosecution spent close to two hours Wednesday morning trying to convince
jurors to sentence Richard Hirschfield to death.
Hirschfield was found guilty last month to the 1980 killings of John Riggins
and Sabrina Gonsalves. Hirschfield kidnapped the 2 18-year-old college students
in Davis. Their bodies were found 2 days later. Hirschfield sexually assaulted
Gonsalves and slashed both of their throats.
Their bodies were found about 30 miles east, in the Lake Natoma area.
Their case was dubbed the "Sweetheart Murders" and remained unsolved for
decades until a DNA test in 2002 taken from semen found on a blanket in
Riggins' van came back to Hirschfield. He was charged in 2004 and but his trial
was delayed several times.
The prosecution on Wednesday described the long violent criminal history of
Hirschfield and the horrible impacts his crimes have had on the victims and
their families.
However, the defense said he was a product of a cruel and abusive childhood,
and his life should be spared.
"People in this state want the death penalty in very unique and specific
circumstance," prosecutor Dawn Bladet told the court.
Both sides presented passionate closing arguments. The prosecution told jurors
that Hirschfield showed no remorse for the rape and murders.
"The death penalty is the verdict he deserves for the crime he committed, and
the lack of remorse shows it's part of his life of crime," said Andrea
Rosenstein, Gonsalves' sister.
Jurors listened as the prosecutor graphically described how Hirschfield
continued a life of violence after the murders by molesting children.
"He has engaged in additional victimization of your youngest and most
vulnerable," said Bladet.
However, the defense focused on Hirschfield's upbringing, trying to garner
sympathy from the jury.
"Under different circumstances, he could have been a different person," said
defense attorney Linda Parisi.
His attorney described a troubled childhood, where Hirschfield was the victim
of physical and emotional abuse by his father, as well as bullying at school.
"Childhood matters, and that's why we talked to the jury about it," said
Parisi.
Now, the jurors are left to make perhaps the most difficult decision of their
lives, whether or not to take the life of a convicted killer.
"He deserves the ultimate punishment; the same fate he gave his victims," said
Bladet.
"We understand redemption. We understand that life is worth saving," said
Parisi.
The jury will return Thursday to continue deliberations.
(source: CBS News)
NEW HAMPSHIRE:
Death penalty? Absolutely!
Re "End the death penalty" (Monitor letter, Dec. 3):
I am so sick of these bleeding-heart liberals who are absolutely opposed to the
death penalty, saying they cannot see any good coming from taking a killer's
life. Well, I can. For one thing, these scum will not be looking at computers
or TV or going to the library to see how they can go to court time after time
to fight for their rights when they thought nothing of taking away the life and
rights of another human being.
Do the liberals give one thought to the victims of these killers?
Now we have the killer Michael Addison, who murdered Officer Michael Briggs,
pleading to the Supreme Court, saying it isn't fair to take his life and he
didn't get a fair trial. That is the biggest crock of you-know-what I ever
heard. We know he had every intention of pulling that trigger to kill Briggs,
leaving behind a wife and 2 sons. The sad part is we are all paying for all
this with our tax money!
The Bible does say "An eye for an eye, a tooth for a tooth," and I say "a life
for a life." I am so tired of the victims being shunted aside and forgotten.
The killers are given more rights than you and I have. Yes, I do think we need
the death penalty.
CECILE MARINI----Epsom
(source: Letter to the Editor, Concord Monitor)
MARYLAND:
The death penalty revisited
It is uncertain whether Gov. Martin O'Malley will again sponsor a death-penalty
repeal bill. His decision is expected in the coming weeks.
O'Malley, shortly after taking office in 2007, called capital punishment
"inherently unjust," saying it fails to deter crime and takes resources that
could be used to prevent crime. He sponsored repeal for three legislative
sessions, the last coming in 2009, when it finally made it out of the Senate
Judiciary Proceedings Committee. Although it failed on the Senate floor, it was
amended to tighten the rules of evidence under which a sentence of death can be
imposed. They are: DNA or biological proof, a videotaped confession or a crime
videotape.
Although still on the books, no executions have taken place in Maryland since
2005 under then Gov. Robert L. Ehrlich Jr. In 2006, the Maryland Court of
Appeals ruled the state's procedures for administering them had not been
properly adopted. Pending approved procedures, executions were put on hold.
O'Malley's new regulations submitted in 2009 were withdrawn after they were
discovered also to have problems (on purpose?).
I was originally for the death penalty - pathological killers don't deserve to
live, I thought - something, probably a pending execution of someone mentally
disabled, caused me to explore the issue less superficially. This led to a
reversal. Capital punishment, with the U.S. the only Western country to impose
it, is a bad practice.
A few years ago I got into a discussion on the matter with a close friend, a
former Marine and tea party booster. (Yes, liberals can have friends on the
other side. Unlike talking only to liberals, reinforcing but sterile, debating
with conservatives is more lively, challenging, and, dare I say, more
educational.) I came to see his point of view and he mine. Soon after, he
brought up the subject and remarked that he had changed his mind. (You knew
this was coming, right?)
He found, as I had, that the costs of judicial proceedings for capital
punishment surprisingly exceed the cost of keeping a prisoner for life. Death
row inmates cost far more to incarcerate than regular prisoners and lengthy
judicial reviews can and often do cost millions. And O'Malley is right. There
is scant evidence that the death penalty has a deterrent effect. In addition,
public opinion is shifting, reflecting the fact that executions in the 34
states with the death penalty are less than half (40) of what they were last
year (86).
Worst of all, in too many instances - some say one is too many - an executed
person is later found to be innocent of the crime. A lengthy study in Illinois
identified around 40 during the many decades where capital punishment was
mistakenly imposed.
My friend, like I, are Christians and take to heart the 1 instance where Jesus
dealt with the issue. Remember near the Temple, an adulteress is about to be
stoned, and Jesus steps in and says: "Let any one of you who is without sin be
the first to throw the stone at her" (John 8: 1-11). Well, in Aramaic, sin is
defined as "missing the mark," something close to making a mistake or being
wrong. So, as Jesus advised, we can make mistakes in putting people to death.
Not good. And, of course, Jesus experienced the agony and the pain of his own
underserved execution later on.
In short, I don't see opposition to capital punishment as either a liberal or
conservative position. It is both.
(source: Opinion, Nick Berry; The writer has written extensively for other
publications and is vice chairman of the Annapolis Democratic Central
Committee----Capital Gazette)
ARIZONA:
Cochise deputy: Man on death row deserves sentence
Mandy Meyers and Mary Snyder were at a July 4th campout in Elfrida when they
were kidnapped, raped and strangled. Their bodies were then stabbed and dumped
into a mine shaft.
Cochise County Chief Deputy Rod Rothrock was the lead investigator in the case
against Richard Dale Stokley, who was executed at 10 a.m. Wednesday.
"In my interview with Stokley, he confessed to the murders of the girls," said
Rothrock.
Rothrock said that Stokley was accompanying him to show him where the bodies
were. When they arrived, the bodies had already been discovered by other
deputies.
Stokley's attorneys had argued that their client's rights were violated because
an accomplice, Randy Brazeal, reached a plea agreement.
Brazeal originally said that Stokley killed both girls. After the agreement was
reached, DNA evidence showed that each man participated in the killings. As
part of the agreement, Brazeal served 20 years in prison, then was released.
Rothrock believes Brazeal also deserved the death penalty.
"Both defendants were equally as guilty, and both deserved the same sentence,"
he said. "But that was a matter of plea bargains and attorneys, et cetera."
Rothrock said Brazeal is living in Arkansas.
"I don't necessarily have any overwhelming desire to see anyone die," Rothrock
said. "But I do believe that Mr. Stokely certainly earned the sentence that he
received, and I believe that his execution will bring some closure to the
families of the victims."
(source: KTAR News)
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