Sept. 7
VIRGINIA:
Lawsuit sheds light on death row solitary confinement
For most people, sympathy is a scarce commodity when it comes to death row
inmates. Save some miscarriage of justice that should be brought to light,
these people are there because of the heinous act or acts they committed.
But now the courts are taking a hard look at Virginia's longstanding practice
of automatically placing death row inmates in solitary confinement as a
possible violation of the Eighth Amendment's protection against cruel and
unusual punishment.
Capital punishment, in Virginia and elsewhere, is reserved for those who kill
deliberately and with premeditation in conjunction with the commission of
another felony such as rape or robbery, or commit multiple killings, or take
the life of a law officer - to name just a few of the circumstances.
Death row inmates generally spend years awaiting execution as the appeal
process plays out. These days, in Virginia and elsewhere, that day may never
come as the death penalty debate wears on and and the scarcity of trusted
execution drugs leaves states hesitant to initiate a process that could have an
ugly result followed by lengthy litigation.
In the meantime, Virginia, whose death row has shrunk dramatically over the
past 20 years, has continued to keep death row inmates in solitary confinement
for up to 23 hours a day, the 24th spent outdoors in individual cages.
Now, a lawsuit filed earlier this year by 4 death row inmates claims that
extended periods in solitary cause severe mental distress to the point that it
is cruel and unusual punishment. Virginia officials' effort to have the suit
thrown out was denied in U.S. District Court.
As a result, Virginia is relaxing death row solitary rules to provide for
weekly visits by family members, for opportunities to mingle with other death
row inmates and for more showering and recreation time.
These changes hardly threaten to turn death row into country club
incarceration, but they do begin to address issues that could otherwise cost
Virginia taxpayers millions in endless litigation.
Indeed, U.S. District Judge Leonie M. Brinkema has put the case on hold while
attorneys for both sides pursue a negotiated settlement.
In broader terms, the case demands a hard look at the moral issues of how
humans treat other humans, regardless of the crimes they've committed.
One of Virginia's 8 current death row inmates has been there since 1998, others
for as long as 10 years. If there becomes no discernible difference between a
death sentence and life without the possibility of parole, perhaps there should
be some similarity in how the inmates are treated.
A lesson taught by Virginia's last executed inmate, Robert Gleason Jr., ensures
corrections officials will remain vigilant as the rules are eased. Gleason,
originally sentenced to life, landed on death row after killing 2 fellow
inmates. After vowing to continue killing unless he was executed, his execution
wish was granted.
It's important for the attorneys, courts and state officials to remember, as
these negotiations over death row conditions continue, exactly the kinds of
people they're dealing with.
(source: Editorial, The Free Lance-Star)
FLORIDA:
Clay County death-penalty case appeal goes to Florida Supreme Court
Very little of Leo Kaczmar's behavior makes sense in trying to understand it
logically.
Now the Florida Supreme Court must take Kaczmar's illogical behavior and come
up with a logical ruling on whether the 31-year-old sex offender should remain
on death row for the murder of his father's girlfriend in Green Cove Springs.
Kaczmar was convicted of stabbing 49-year-old Maria Ruiz at least 50 times and
then setting fire to the home in an attempt to cover up the crime.
He was offered a plea deal of life without parole to avoid a death sentence. He
rejected it.
When the jury was tasked with making a recommendation of whether Kaczmar should
get life or death, he refused to let his lawyers present any mitigation
evidence on his behalf. With no argument for why he shouldn't be executed, the
jury recommended death by a 12-0 vote and Circuit Judge Donald Lester complied.
But Kaczmar does not want to die, said Assistant Public Defender Nada Carey,
who appealed his death sentence to the Florida Supreme Court last week.
"Mr. Kaczmar waived mitigation evidence and said he wanted to receive the death
penalty to get legal counsel for appeals," Carey said during oral arguments to
Supreme Court justices.
The mitigation would have included evidence that Kaczmar had been abused
throughout his life and has a serious addiction to drugs and alcohol.
Justice Barbara Pariente expressed shock and confusion at Kaczmar's action.
"Did he waive the mitigation because he thought he'd get a greater review of
his death sentence?" Pariente said. "And did someone explain to him that's not
the case?"
Kaczmar needs to understand that it's harder for them to review his case and
determine that he might be wrongly on death row if he waives mitigation,
Pariente said.
Carey is arguing that Lester made a mistake in giving the unanimous jury
recommendation of death "great weight" before sentencing Kaczmar to death.
She's arguing that the Supreme Court should throw out the death sentence and
send the case back to Lester with an instruction to resentence Kaczmar without
giving the jury recommendation much credibility.
But justices seemed resistant to that idea and pointed out that Lester knew the
arguments against sentencing Kaczmar to death even if the jury didn't.
Lester did an independent investigation and came to his own conclusion that
Kaczmar deserved death, said Justice James Perry.
Justice Fred Lewis also pointed out that while mitigation of Kaczmar's history
of being abused and using drugs wasn't heard by jurors, Lester did hear about
it during a sentencing hearing. So Pariente said sending it back to Lester
seemed like a waste of time.
This is the 2nd time Kaczmar's death sentence has gone to the Supreme Court. He
was originally convicted of 1st-degree murder, arson and attempted sexual
battery in 2010 and sentenced to death.
But the sex charge was thrown out by the Florida Supreme Court due to
circumstantial evidence and the medical examiner finding no evidence of assault
on Ruiz's body.
Since the attempted sexual battery was cited by prosecutors as an aggravating
factor in why Kaczmar deserved death, the court ordered a new sentencing.
The 2nd jury recommended death with Kaczmar refusing to defend himself.
Ruiz was killed in December 2008 with police and prosecutors saying Kaczmar
attacked her while he was high on cocaine.
He set the house on fire and after his arrest paid an undercover officer $300
to frame someone else for the murder.
Kaczmar also had a 2005 conviction of using the Internet to solicit or attempt
to solicit a child for sex.
Justices did not say when they would issue a ruling in the case. Kaczmar will
remain in prison while the appeal is decided.
(source: jacksonville.com)
OKLAHOMA----impending execution
Attorney of Oklahoma man to be executed says injustice will occur
A convicted killer will be put to death next week in McAlester, unless his
attorney finds new evidence in the 18-year-old murder case that could convince
a judge to stop it.
Richard Glossip is on death row for the 1997 murder of an Oklahoma City motel
manager.
"Once I got going on this matter it occurred to me that there was a great
injustice that's about to occur," attorney Don Knight said.
Don Knight has been Glossip's attorney since earlier this year.
Glossip was convicted in the murder of Barry Van Treese after another man,
Justin Sneed, testified Glossip paid him to commit the crime.
The problem is, Knights says, Sneed changed his story a number of times, and in
his opinion, Glossip's trial attorneys didn't do their job.
"For instance, in trial number 1, he never said anything about stabbing Mr. Van
Treese. That's what he said in trial number 2. I would've said, 'Mr. Sneed
let's talk about that. That's a pretty significant event isn't it?'" Knight
said.
The case hinged on Sneed's testimony.
Knight says Sneed told police at least 7 different versions of what happened.
Prosecutors had no forensic evidence linking Glossip to the murder.
The 52-year-old has always maintained his innocence.
Knight argues, even if you think Glossip is guilty, his case doesn't add up to
death.
"Why would we think this man should deserve death when Terry Nichols was tried
in Oklahoma, was convicted of 161 state charges, a man who took part in blowing
up the Murrah federal building, and the jurors could not find that he should be
given the death penalty?" Knight said.
Van Treese's family does want the death penalty.
Justin Sneed is serving life in prison.
Knight is talking to witnesses this week to try to find information to take to
a judge.
Governor Fallin has said she will not grant a temporary stay for Glossip.
(source: KFOR news)
WASHINGTON:
Green River Killer Gary Ridgway, Who Murdered 49 People, Transfers To
High-Security Colorado Prison To Be Brought Out Of Isolation After 11 Years
Gary Ridgway, 66, who is originally from Salt Lake City, Utah, is known as the
Green River Killer who murdered 49 teen girls and young women, who were
runaways, prostitutes, and drug addicts, according to Oregon Live. After his
conviction in 2004, he has spent his prison sentence in isolation. It has now
been reported that he was transferred to a high-security prison in Florence,
Colorado, to be put back into population, but Dave Reichert isn't too fond of
the idea.
"It is unbelievable and absolutely intolerable that the Washington State
Department of Corrections determined that because Gary Ridgway, this country's
most notorious serial killer who confessed to 49 murders, was such a model
inmate, he was relocated to a Colorado prison at a cost of [$20,000] for a
private jet to transport him, so he can now socially interact with others and
get a job," according to a statement made by Reichert.
"I am incensed and outraged on behalf of the victim's families, the task force
detectives, patrol officers, scientists, hundreds of volunteers who dedicated
their lives to bring this monster to justice and all law abiding citizens."
"These hardworking dedicated servants spent 20 years of their lives devoted to
stopping Gary Ridgway from committing more crimes and solving those he did."
The Green River Killer was initially arrested in 2001 after DNA evidence
pointed to him in the murders of Shirley Shirell, 18, Denise Bush, 23, and
16-year-old Angela Marie Girdner, who were all discovered by a passerby,
according to KOMO News. After his arrest, he entered an unprecedented plea
where he wouldn't receive the death penalty if he confessed to the murders.
However, police officials got a surprise when he confessed to 49 murders, all
executed over the course of 20 years.
(source: inquisitr.com)
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