April 14
TEXAS----impending execution
Texas Prepares for Manuel Garza Execution on April 15, 2015
Manuel Fernando Garza Jr.'s, execution is scheduled to occur at 6 pm CDT, on
Wednesday, April 15, 2015, at the Walls Unit of the Huntsville State
Penitentiary in Huntsville, Texas. 34-year-old Manuel is convicted of the
murder of 37-year-old San Antonio police officer John "Rocky" Riojas, in San
Antonio, Texas on February 2, 2001. Manuel has spent the last 12 years of his
life on Texas' death row.
Manuel had an abused childhood, with an unstable family environment. His mother
drank while pregnant with him, causing him to have fetal alcohol syndrome. His
father died of a heroin overdose when he was a teenager. Manuel dropped out of
school during the 10th grade. He worked as a short-order cook at a Texas
Roadhouse prior to his arrest. Manuel had a history of drug abuse and various
crimes, including robbery, burglary, and drug crimes. Manuel was also a member
of a gang.
Manuel Garza was stopped by Officer John Riojas, who was in a marked police
vehicle, on February 2, 2001. Garza knew that there were several outstanding
warrants for his arrest. Instead of compelling with Officer Riojas'
instructions to place his hands on the car, Garza took off running, with
Officer Riojas pursuing. Garza later stated that he ran because he did not want
to return to jail.
Officer Riojas caught up with Garza and the 2 engaged in a physical
altercation. During the altercation, Officer Riojas drew his weapon, which was
taken by Garza. Garza fired the weapon at Officer Riojas, killing him. Garza
was arrested 2 days later.
Garza was convicted and sentenced to death on November 8, 2002.
Texas has recently purchased additional doses of execution drugs, which will
allow the state to carry out Manuel's execution, in addition to several others.
Texas has refused to identify the supplier of the execution drugs, an action
which is part of a lawsuit against the state by death row inmates and death
penalty opponents.
Please pray for peace and healing for the family of Officer John Riojas. Please
pray for strength for the family of Manuel Garza. Please pray that if Manuel is
innocent or lacks the mental competency to be executed, evidence will be
discovered before his execution. Please pray that Manuel will come to find
peace through a personal relationship with Jesus Christ, if he has not already
found one.
(source: theforgivenessfoundation.org)
PENNSYLVANIA:
Convicted Upper Merion baby killer Yandamuri trashes his lawyers
The Upper Merion man convicted and sentenced to death for killing a baby and
her grandmother in October 2012 told a Montgomery County Judge on Monday that
he feels his appellate attorneys are ineffective.
Raghunandan Yandamuri, 29, was in Montgomery County court on Monday with his
defense attorneys Henry Hilles and Stephen Heckman for post-trial motions;
however, he said in court Hilles and Heckman have not been responding to his
letters and phone calls.
Yandamuri, who is incarcerated at State Correctional Institute Camp Hill in
Cumberland County, said Hilles and Heckman do not answer his phone calls, nor
do they respond to letters he writes to them. He said he may as well be
executed "right now" if his appeal keeps going the way it is.
"That's a little dramatic," Judge O'Neill replied. Judge O'Neill said he knows
Heckman and Hilles to be "diligent and zealous" advocates for their clients.
Monday was not the first time Yandamuri expressed in court the possibility of
immediately being put to death. In his opening arguments at trial he told the
jury that anyone convicted of those crimes should be put to death. When he was
convicted, he asked to forgo the penalty phase and be given the death penalty.
It was also not the first time Yandamuri expressed frustration with his
attorneys. He ultimately represented himself during trial, against the advice
of his attorneys and Judge O'Neill. Throughout the trial Heckman served as
stand-by counsel offering legal advice and guidance and Hilles served as his
attorney for the penalty phase of the trial.
Outside of the courtroom, Hilles and Heckman said they were frustrated that
Yandamuri would say they do not respond to him.
"We do have a telephone conference with him when we can. He writes to us, we
will write back to him. It's very difficult; he's very far away," Heckman said.
"We do correspond with him. We let him express himself but ultimately we're the
final deciders."
Yandamuri has filed several motions himself in Montgomery County since his
conviction, but those motions cannot be considered by the court because he is
not representing himself in the appeals process nor has he asked to represent
himself or seek other attorneys.
Hilles said that Yandamuri even has his cellphone number and they have met with
him several times over the 2 year period of the case since his arrest.
"Mr. Heckman and I met with Mr. Yandamuri at the prison tens and tens and tens
of times at his request over the 2 plus years that we were representing him. It
boggles my mind to hear him claim that we have not made ourselves available to
him. The facts are that we have been as responsive as any lawyer team has ever
been."
Hilles and Heckman said they agree with many of the issues that Yandamuri is
bringing up and that they put those in their briefs for the appeal.
"He likes to articulate his issues his way," Hilles said of Yandamuri's
frustration. "The reality is that both Mr. Heckman and I agree with many of the
conceptual issues that he wishes to raise on appeal. It's just simply that he
wants things worded his way and it doesn't work that way. Ultimately his
appellate rights will be fully protected and Mr. Heckman and I appropriately
protect the record and advance his appellate issues."
Appeal Issues:
In court, Hilles and Heckman argued several points for appeal including the
biased nature of the photographs of the victims, the way police approached and
took Yandamuri into custody and the death penalty itself.
"We are continuing the challenging of the constitutionality of the death
penalty and that certainly won't change," Hilles said. "Obviously we're pleased
with Gov. Wolf's recent announcement with respect to enforcing the existing
law, but over and above that we will be challenging the constitutionality of
the law itself."
Deputy District Attorney Samantha Cauffman, who tried the case alongside First
Assistant District Attorney Kevin Steele, said she does not believe the issues
raised by Heckman and Hilles will be grounds for a new trial or a reversal of
the death sentence.
"This defendant was afforded a fair trial; he was convicted by a jury of his
peers and that conviction should stand," she said.
Judge O'Neill took the arguments on Monday under advisement and will issue an
order on the post-conviction motion. Ruling in favor of Yandamuri could mean a
new trial or a reversal of the death sentence. If O'Neill denies the motion the
appeal will automatically go to the Pennsylvania Supreme Court.
In October, Yandamuri was convicted of 1st degree murder and other charges
related to the deaths of Saanvi and Satyavathi Venna. The jury found Yandamuri
walked into the Venna's apartment and killed Satyavathi before kidnapping
Saanvi, her 10-month-old granddaughter.
The same jury that convicted him later sentenced him to death following the
penalty phase. He was formally sentenced to death by Judge Steven O'Neill in
November.
Yandamuri represented himself during trial and had Heckman act as standby
counsel. Hilles took over the case during the penalty phase of the trial. Both
men were re-appointed by Judge O'Neill to handle Yandamuri's appeals.
(source: delcotimes.com)
NORTH CAROLINA:
Accused arsonists could face death penalty
2 men charged with deadly fires in New Hanover County will be back in court
this week.
At a capital punishment hearing set for Wednesday afternoon they'll learn
whether or not they will face the death penalty.
Prosecutors say Harry Davis set a fire back in December that killed a 14 year
old girl and her aunt. It happened off of Lingo St. He is charged with 2 counts
of 1st degree murder, 1st degree arson and other charges.
Marshall Doran stands accused of starting those fires in Carolina Beach. 2
women were killed in those fires. He is facing dozens of charges including 2
counts of 1st degree murder, and 11 counts of attempted murder.
(source: WWAY news)
****************
New trial ordered for convicted killer on death row
The NC Supreme Court has overturned the death penalty conviction and ordered a
new trial for Danny Hembree in Gaston County.
Hembree was sentenced in 2011 for killing Heather Catterton in 2009, following
a night of sex fueled by drugs. Hembree is also serving 26 years for killing
Randi Saldana, whose body was found a few weeks after Catterton's in York
County.
A majority of Justices found 3 main reasons to overturn the death penalty
conviction: 1st, the State used an excessive amount of evidence from the
Saldana case while trying to argue Hembree's fault in Catterton's death; 2nd,
Saldana's sister was allowed to testify about Saldana's good character, which
was irrelevant in Catterton's death; and 3rd, during closing arguments the
State made several statements which came close to accusing Hembree of perjury,
or lying.
Hembree was convicted after a five week trial in which several witnesses and
experts testified about the evidence. Medical experts said Catterton's exact
cause of death was inconclusive, but drug toxicity was possible. There were no
obvious signs of trauma, despite a confession by Hembree in which he said he
tried to choke and suffocate the teen. The Saldana case had stronger physical
evidence which matched Hembree's confession and was used by prosecutors in the
case to show Hembree's plan or scheme to commit murder.
(source: WBTV news)
SOUTH CAROLINA:
White Officer Charged in SC Slaying Won't Face Death Penalty: Paper
A white South Carolina police officer charged with murder for shooting a black
man in the back as he fled after a traffic stop will not face the death penalty
if convicted of the killing, a local newspaper reported on Monday. None of the
22 "aggravating circumstances" that allow state lawyers to seek lethal
punishment apply in the April 4 incident in which 50-year-old Walter Scott was
fatally shot by North Charleston patrolman Michael Slager, the Post and Courier
quoted a local prosecutor as saying.
"There are aggravating circumstances which can take a murder case from being a
maximum of life to death being the maximum sentence. None of those factors are
present in this case," Scarlett Wilson, Charleston County's chief prosecutor,
told the Charleston newspaper.
Such factors include murders committed during a kidnapping, robbery or drug
trafficking, the Post and Courier reported.
Wilson did not immediately respond to requests for comment.
Scott's death reignited a public outcry over police treatment of blacks that
flared last year after the killings of unarmed black men in Ferguson, Missouri,
New York City, and elsewhere.
North Charleston fired Slager last week after he was charged with murder in
Scott's death. A cellphone video emerged showing him shooting at Scott's back 8
times. Scott did not appear armed in the footage.
Slager is being held at the Charleston County jail. Without the possibility of
capital punishment, he faces a potential penalty of 30 years to life in prison
if convicted, the newspaper reported.
(source: Newsmax.com)
FLORIDA:
Activist Speaks Out Against the Death Penalty
Capital punishment is currently legal in 32 states, and Florida is one of the
leading states in sending the most inmates to death row.
1 woman is in Tallahassee speaking out against the death penalty, and her
connection to the form of punishment is personal.
Kathy Dillon was 14 years old when her father was shot and killed in the line
of duty. 10 years later her boyfriend was also shot and killed and left dead on
a roadside. Today, she stands firm against the death penalty.
Dillons says, "One of the most critical issues I feel is that the death penalty
system is a human system, therefore mistakes are made. Convictions and
executions of innocent people can occur."
As a member of Murder Victim's Families for Reconciliation, she travels across
the state speaking out about the issue. Dillon believes that humans shouldn't
have the power to decide who lives or who dies.
According to the House Judiciary Subcommittee, more then 140 people have been
released from death row with evidence of their innocence over the last 40
years.
Last month, the Florida Senate Criminal Justice Committee voted on a bill that
would require a unanimous vote in capital penalty cases to recommend a death
sentence.
(source: WTXL news)
OHIO:
Dad accused of 'torture' in death of 2-year-old daughter pleads not guilty
The man accused of aggravated murder in the death of his 2-year-old daughter
pled not guilty in Hamilton County Court Monday morning, and the death penalty
remains in question.
Glen Bates, 32, and the child's mother Andrea Bradley, 28, of East Walnut Hills
are facing charges of aggravated murder, murder, and felony child endangerment
in the death of their daughter, Glenara Bates.
Hamilton County Prosecutor Joe Deters said his office would pursue the death
penalty if the couple is found guilty.
Defense attorney Norman Aubin said Monday he'll work to keep Bates from being
executed, and that he knows it will be an uphill battle representing Genara's
father.
"Obviously, it doesn't look good, just from what I've read and heard about in
the media," Aubin said. "Every time somebody gets indicted for the death
penalty it makes me nervous. It's the ultimate penalty: death. They do execute
people in the state of Ohio."
Investigators said Bates and Bradley whipped, beat and dropped their daughter
from about 6 feet above the ground. Bradley is also accused of trying to sew
the girl's head up with a needle and thread.
Police said the toddler was dead when her parents took her to Cincinnati
Children's Hospital. When doctors inspected the girl, they told police they
found several abrasions, lacerations and bite marks.
"I believe (Bradley and Bates) tortured that baby," said Desena Townsend,
Bradley's sister. "They beat her and they killed her."
(source: WCPO news)
***************
Parents of 2-year-old face the death penalty
A father accused in the death of his 2-year-old daughter faced a judge but the
child abuse case was different.
It wasn't a sudden moment of rage that killed the girl, but starvation,
injuries to the brain, and wounds from a lifetime of beatings. Her father and
mother now face the death penalty.
Glen Bates was arraigned on an aggravated murder charge, possible penalty of
death, for the murder of his 2-year-old daughter. He pleaded not guilty. Now
his attorney will fight for his life.
Defense attorney Norm Aubin said, "Every time someone gets indicted for the
death penalty it makes me nervous. It's the ultimate penalty of death."
Juries seem reluctant to hand down that ultimate sentence, finding it hard to
believe a parent would intentionally kill their own child. But in this case
there was evidence the abuse took place over the child's entire life.
Assistant prosecutor Rick Gibson said, "This child had been at Children's in
December for neglect and nourishment. They tried to explain to the mom to feed.
Mom seemed to think the child was fat."
Glen Bates could blame the death on Glenara's mother. Andrea Bradley has a
history of child abuse going back to 2007. She is pregnant with her eighth
child. Bates could testify against Bradley to save his own neck.
The argument could be that the child survived so much there was no reason to
think she would suddenly die. But this time the child died. This time the
parents could die too.
There is an investigation into why Job and Family Services took the children
away after allegations of the mother's abuse and then returned the children to
her custody.
(source: NBC news)
***********************************
Judge: Man facing death penalty competent to stand trial
A man facing the death penalty in the death of a 17-month-old child was ruled
competent to stand trial Monday.
Judge David Cheney of Allen County Common Pleas Court issued the ruling after
reviewing a report prepared after a psychiatric evaluation on Christopher
Clayton.
The prosecution and Clayton's defense team agreed to only the portion of the
report that addressed whether Clayton is competent to stand trial and not the
issue of his mental status at the time of the baby's death.
Clayton, 20, is charged with aggravated murder in the Jan. 15 death of Xavier
Wurth in Spencerville. He has pleaded not guilty and reserved the right to
pursue an insanity defense. The state is permitted to seek the death penalty
because the child was under the age of 13 and Clayton is accused of being the
principal player or was the principal player acting with prior calculation and
design.
The child suffered blunt-force trauma to the back of his head, a forensic
pathologist ruled. Clayton told a 911 operator the child choked on his own
vomit and he believed the child suffocated, which did not match the autopsy
findings. The incident happened inside a house at 229 Wurster St. in
Spencerville, where Clayton lived with the child's mother, Alexis Long.
Cheney also scheduled May 6 for a hearing on pending motions.
(source: limaohio.com)
*****************
Sister Helen Prejean, author of 'Dead Man Walking,' to speak at St.
Paul's----Sister Prejean has been instrumental in sparking national dialogue on
the death penalty.
The Hamilton Forum is sponsoring Sister Helen Prejean, author of the book,
"Dead Man Walking," at 7 p.m. on May 7 at St. Paul's Catholic Church at 241
Main S.
A member of the Congregation of St. Joseph, Sister Prejean has been
instrumental in sparking national dialogue on the death penalty and helping to
shape the Catholic Church???s renewed opposition to state executions. She
travels around the world giving talks about her ministry.
During the 1980s, she moved into the St. Thomas Housing Project in New Orleans
and began working at Hope House. During this time, she was asked to correspond
with a death row inmate, Patrick Sonnier, at Angola Prison, and became his
spiritual adviser. After witnessing his execution, she wrote "Dead Man Walking:
An Eyewitness Account of the Death Penalty in the United States."
It became a movie, an opera and a play for high schools and colleges.
Since 1984, Sister Prejean has divided her time between educating citizens
about the death penalty and counseling individual death row prisoners. She has
accompanied 6 men to their deaths, resulting in her 2nd book, "The Death of
Innocents: An Eyewitness Account of Wrongful Executions."
(source: The Independent)
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