Jan. 26



OHIO:

Prosecutors to ask for death penalty against adult murder suspects



The Licking County Prosecutor's Office will be pursuing the death penalty for the 1st time in more than a decade against 2 men charged with the aggravated murder of another Newark man.

Licking County Prosecutor Bill Hayes said prosecutors will likely present the case to a grand jury next week for indictment.

If the grand jury approves the death penalty specifications, the cases against 21-year-old Dustin Lehoe and 20-year-old Tyler Ocasio would be the 1st capital indictments in Licking County since 2007.

Licking County last sentenced someone to death row in 2005, when Roland Davis was convicted of the aggravated murder of 86-year-old Elizabeth Sheeler.

Iradell Crumpton was indicted on a death penalty specification in 2007, but he was later sentenced to 45 years to life in prison.

Hayes said the cases against Lehoe and Ocasio would qualify under Ohio law for the death penalty.

"These are a couple of bad actors," he said.

The pair are accused, along with 15-year-old Jaden Osborn and 16-year-old Dylan Warren, of going to 70 Cherry Street around 2:45 a.m. Saturday and kicking open a door.

Court records show Lehoe and Ocasio are suspected of going into a basement of the home where 48-year-old David Barcus was staying and attempting to rob him, fatally shooting him in the process.

Under Ohio law, if a homicide occurs while another felony is being committed, such as an armed robbery, the death penalty can be imposed.

Osborn and Warren would not be eligible for the death penalty because they are juveniles.

Prosecutors are seeking to try the 2 as adults and a probable cause hearing to determine if the cases could be moved to Common Pleas Court will be held in March.

Osborn and Warren are both being held at the Multi-County Juvenile Detention Facility in Lancaster, pending future hearings.

Ocasio and Lehoe are being held in the Licking County Justice Center in lieu of $1 million bond each. Their cases are expected to be presented to the grand jury next week.

(source: newarkadvocate.com)








TENNESSEE----female may face death penalty

Sherra Wright Could Face Death Penalty If Convicted Of Murdering Lorenzen Wright



The ex-wife of former Memphis Tiger and Grizzlies basketball star Lorenzen Wright could face the death penalty if convicted of her ex-husband's murder.

Sherra Wright is accused of killing Lorenzen Wright in 2010 with suspected co-conspirator Billy Ray Turner. Authorities indicted and arrested Sherra Wright last month in Riverside County, California, and after she waived extradition, authorities brought her to Shelby County Saturday.

The prosecutor leading this case said pursuing the death penalty for Sherra Wright is under consideration. This as she finalizes her legal team in the coming weeks.

"I could have never fathomed that in a million years, I would have never thought she would have been a suspect," says Montae Nevels, a friend of Lorenzen Wright's.

In an orange jumpsuit, Sherra Wright's presence Thursday seemed surreal to friends and family of the ex-husband she's accused of killing.

"It is a shock to everybody in the community, it's a shock to the family," says Nevels. "Sherra is a suspect, we are not saying Sherra is guilty, that's the court's decision, but we are just here wanting justice for the family."

Wright is accused of plotting and attempting to kill Lorenzen beginning in April 2010, and then having a role in his actual murder in July 2010 in Shelby County.

"Of course, people fuss and fight, but I never thought it would have gotten to this particular point," says Nevels.

For prosecutors, Wright's appearance Thursday begins a new chapter, weeks after the more 7-year cold case of Lorenzen's murder ended with her arrest.

"This is the case that's obviously been in the media and been in the forefront of a lot of people's minds," says Paul Hagerman with the Shelby County District Attorney's Office. And as for the death penalty? "It's still under consideration, I'll say that."

For Wright's defense team, she's expected to be represented by 2 high-profile Memphis attorney families: Ballin and Farese.

"There a number of legal hurdles that have to be met before a death penalty can be sought," says Blake Ballin.

"Anytime you have a case where the victim is a well-known celebrity or a well-known person in the community, you know, the main thing, main challenge is making sure the truth is out there," says Steve Farese, Jr.

"She's concerned about her children, most of her concern is about the children," says Ballin.

"She's doing as well as you could expect someone to be doing given the situation that she's been in," says Farese, Sr. "She's been accused of something she didn't do."

Billy Ray Turner is also accused in the murder of Lorenzen Wright, and once attended the same church with Sherra Wright. He is scheduled in court Monday.

Sherra Wright is next scheduled in court February 26th.

(source: localmemphis.com)








ARKANSAS:

Lawyer Says Inmate Ineligible for Death Penalty----Lawyers for the state of Arkansas say 2 men who won temporary stays during a flurry of executions last spring never reached the minimum standards necessary to trigger aid from mental health professionals throughout their trials.



Lawyers for the state of Arkansas say 2 men who won temporary stays during a flurry of executions last spring never reached the minimum standards necessary to trigger aid from mental health professionals throughout their trials.

Attorneys for Bruce Ward and Don Davis went before the state Supreme Court on Thursday to argue independent psychiatrists should have reviewed their files and helped develop trial strategies. In their questioning, justices said Ward wasn't fully cooperative when doctors assessed him and that Davis appeared to have received a level of assistance that went beyond what was required.

The court last April stopped Ward's and Davis' executions so it could review what level of assistance was required. At the time, the U.S. Supreme Court was looking at a similar case from Alabama. Lawyers for Arkansas and the inmates differed Thursday on what it meant for Arkansas' death row cases.

(source: Associated Press)

******************

Arkansas judge barred from hearing death penalty cases sees 'unseemly timing'----Ruling by state's justices, the defendants in judge's suit, added to their defense



An attorney for Pulaski County Judge Wendell Griffen said the Arkansas Supreme Court acted with "unseemly timing" by issuing a ruling last week that the court's attorneys cited just days later in support of their request to dismiss Griffen's federal lawsuit against the justices.

Michael Laux is representing Griffen in the judge's ongoing federal lawsuit, which accuses the Supreme Court of violating Griffen's rights when it stripped the judge of all death penalty-related cases last spring after Griffen appeared at the center of an anti-death penalty protest in front of the Governor's Mansion.

In an email to the Arkansas Democrat-Gazette on Wednesday morning, Laux said he was concerned with the timing of a brief filed by the Supreme Court's lawyers, who are asking a federal judge to dismiss that lawsuit.

According to Laux, on Jan. 16, attorneys for the justices asked for permission to reply to Laux's final brief in the case, in which Laux had argued that the state waived its sovereign immunity from lawsuits through provisions in the Religious Freedom Restoration Act (Griffen has said his demonstration was because of his religious briefs).

Laux said he agreed to allow the state to respond "as a courtesy" Jan. 17. Then on Jan. 18, in an unrelated case, a split majority of the high court issued a decision declaring legislative waivers of sovereign immunity unconstitutional.

That ruling, which overturned 20 years of precedent, was cited in a single sentence at the end of the court's 30-page reply to Laux's brief, which attorneys for the justices filed in federal court Tuesday.

"It only leads one to believe it was part of a grand scheme," Laux said.

Neither attorneys for the justices nor Chief Justice Dan Kemp, who wrote the court's majority decision last week, responded to requests for comment Wednesday.

Laux said he is deliberating with other lawyers on his team whether to file an additional reply to the court's most recent brief. Otherwise, he said the case is fully briefed before U.S. District Court Judge James Moody Jr.

(source: arkansasonline.com)








MINNESOTA:

Global opera hit 'Dead Man Walking' finally gets Minnesota premiere----After 60 productions across 5 continents, the popular piece finally lands in Minnesota this weekend.



It's been 20 years since composer Jake Heggie hatched the idea for "Dead Man Walking" with playwright Terrence McNally over lunch in San Francisco.

"It was my 1st big opera," said Heggie, speaking by phone from his home in the Bay Area. "The librettist had never done a libretto. The director had never directed an opera. There were a lot of first-timers involved."

Most contemporary operas land a handful of performances before disappearing from the radar. Not "Dead Man Walking." Since its 2000 premiere at San Francisco Opera, the piece has amassed nearly 60 productions across five continents, making it the most performed contemporary opera of the 21st century. Minnesota Opera presides over the Twin Cities premiere Saturday at Ordway Music Theater.

"I knew from the moment we started that we had something special," Heggie said. "I was on fire with it, because I was telling a very compelling, electrifying story."

"Dead Man Walking" is based on the real-life experiences of Sister Helen Prejean, the Roman Catholic nun whose 1993 book about counseling death row inmates inspired the 1995 movie (starring Sean Penn and Susan Sarandon) in addition to Heggie's opera.

The story's international appeal, said Minnesota Opera President Ryan Taylor, probably has more to do with Sister Helen than the opera's central character, inmate Joseph de Rocher.

Dead Man Walking

What: Minnesota Opera presents Jake Heggie and Terrence McNally's hit opera.

When: 7:30 p.m. Sat., 2 p.m. Sun, 7:30 p.m. Tue., 7:30 p.m. Thu., 8 p.m. next Sat.

Where: Ordway Music Theater, 345 Washington St., St. Paul.

Tickets: $25-$200; 612-333-6669 or mnopera.org

"Today we're all about doing easy things, in short bursts of information," said Taylor. "Sister Helen doesn't have all the answers, but she is willing to put herself in a space of uncertainty and make very difficult choices in order to do the right thing."

Another reason for the opera's success, continued Taylor, is Heggie's eclectic music incorporating the unmistakably American sounds of jazz, rock, gospel and folk.

"Jake took the best bits of each," said Taylor, "in order to craft a score that is so evocative of the story's time and place."

No preaching here

Heggie contends that "Dead Man Walking" isn't an anti-death-penalty opera, though the execution of its central character is certainly a harrowing moment.

"I am ashamed to say, when I started writing the opera I was rather ambivalent about the death penalty, like a lot of people," Heggie said. "I was even afraid to see the movie when it first came out, because I didn't want to be persuaded to have sympathy for someone who did something so heinous."

Immersing himself in Sister Helen's story changed all that. "I went into 'Dead Man Walking' very naive, but I eventually felt very passionate about it. I realized how asleep I was. We have no idea about the ripple effects of our actions as a society - on the parents and families involved."

Still, Heggie insists that "Dead Man Walking" is more about raising complicated questions than giving neat, definitive answers.

"The opera doesn't take a deliberate stance one way or the other," he said. "I like art that challenges me, that draws me in to consider new perspectives."

The fact that "Dead Man Walking" engages with issues other than the death penalty - including the prison system, trauma, the possibility of forgiveness - helps to explain the opera's popularity in countries such as Germany, Australia and South Africa, where capital punishment was long ago abolished.

"What surprised me was that this very American work, with very American vernacular and musical sound, appeals so much in other countries," said Heggie. "Who could have imagined that?"

Canadian import

Minnesota Opera will present a production 1st seen last year at Vancouver Opera, with Canadian director Joel Ivany in town to oversee the Twin Cities revival.

Like Heggie, Ivany doesn't see "Dead Man Walking" as an opera with a narrowly anti-death-penalty message. He sees broader themes relating to crime and punishment.

"There are people in this world who do bad things. Can they ever be redeemed? Or do we as a society just open a door, throw all the bad in there and close it? Do we have the power within ourselves to forgive?"

These "big societal issues," as Ivany put it, influence the production's dark, looming set designs by Erhard Rom. The claustrophobic interiors, cut with images of incarceration, were central to the production's success in a country where the death penalty was abolished in 1976.

Heggie has traveled the world to see dozens of "Dead Man Walking" stagings. He views the Ivany production as a "really bold and fascinating" interpretation, "right up there" with the best he has seen.

And although Twin Cities audiences have waited 18 years to see "Dead Man Walking," Taylor believes the opera could hardly have arrived at a better time.

"Everyone would acknowledge that there are very deep divides in our country's dialogue at the minute. You have to be on one side or the other, and you can't be uncertain, or you'll be run over by someone with a very strong, loud opinion.

"'Dead Man Walking' is one of those pieces that encourage conversation in a respectful way, to really think about your own beliefs," Taylor said. "It just says stop and think, and consider the other side for a moment."

(source: Terry Blain, Minneapolis Star Tribune)



OKLAHOMA:

Man charged in Logan County deputy's murder expected in court----Prosecutors are seeking the death penalty



A man accused of killing a Logan County sheriff's deputy is excepted back in the courtroom.

Nathan LeForce is charged with 1st degree murder. Prosecutors are seeking the death penalty.

Authorities said LeForce killed deputy David Wade by shooting him 4 times at close range, while he was serving an eviction notice. And that's why they are seeking the death penalty.

LeForce has been charged with 1st-degree murder, larceny of motor vehicle after a former felony conviction and 1st-degree armed robbery after a former felony conviction. He was appointed a special defense team that handles death penalty cases.

LeForce is excepted in court Thursday.

(source: KOCO news)

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