January 21
NEW HAMPSHIRE:
Teen arsonist hanged for Newburyport blaze
Editor’s note: This is the 2nd of 2 features on the comparative history of 2
sister seaports.
At the peak of Portsmouth’s shipping success as a world trade center, the fires
of 1802 and 1806 transformed the heart of this city into a smoldering ruin.
Only a forest of blackened chimneys stood along Daniel and Market streets once
lined with wooden shops and homes. So when flames engulfed downtown
Newburyport, Massachusetts, on May, 31, 1811, Portsmouth volunteers rushed
south to help.
The fire had begun in “an unimproved stable” on Mechanics Row. It spread
rapidly to the Newburyport market area and up State Street. Flames then moved
in so many directions “as to baffle all exertions to subdue it,” the newspaper
reported. The seaport lost many stores and dwellings that night, plus a church,
the custom house, library and post office, four bookstores, and all 4 of its
printing offices. Upwards of 90 families were left homeless as an estimated 250
Newburyport buildings, large and small, were destroyed at a cost of a million
dollars (in 1811 currency). Arson was suspected, but no one was arrested.
Leather fire bucket brigades made little difference. A Portsmouth “fire engine”
left over from 1792 (see photo) was little more than a metal pump with 2
handles drawing water from a wooden trough on wheels. Volunteers could do
little but clear away the wreckage. With no insurance, the city’s “sufferers”
could only petition for charity. Contributions quickly trickled in from Boston,
Salem, Portsmouth, and surrounding towns.
Arson suspected here too
Two years later, with the maritime economy in freefall and the nation again at
war with England, downtown Portsmouth burned in “The Great Fire of 1813.” This
time it was Newburyport volunteers who joined surrounding towns in rushing to
the scene. One man from Newburyport ran into a burning building and rescued a
crying child. But with 272 Portsmouth buildings destroyed, the real work was
clearing up the rubble, attending to the homeless, and starting to rebuild.
Portsmouth’s worst blaze in 1813 reportedly began in Mrs. Woodward’s barn near
Court and Pleasant streets, roughly the site of the South Church today. Legend
says one of the guests at Mrs. Woodward’s boarding house gifted one of her
servants with a bottle of wine. When the landlady confiscated the wine from her
servant, he set fire to her barn in revenge. Blown by the wind, the fire
ravaged buildings all the way up State Street until it reached the wharves of
the Piscataqua River and burned itself out.
Again most of the victims were dependent on charitable donations from outside
towns and churches. There were no fatalities in any of the 3 downtown
Portsmouth fires and, despite rumors of arson, no one was arrested or
prosecuted. A contemporary poem in the newspaper proposed that God would “smite
the villain for his crime.”
Newburyport in 1820
Newburyport had all but recovered from its 1811 blaze when disaster struck
again. Exactly why Stephen Merrill Clark set fire to the barn of Phoebe Cross
on Aug. 18, 1820, was not revealed until the day of his execution. The 2nd
worst fire in Newburyport history began on Temple Street and spread to
neighboring stables. From there it consumed a tenement building and 3
single-family homes. A few horses were killed in the fire, but there was no
loss of human life.
Stephen Clark, the town’s 16-year-old “bad boy” was instantly suspected. Known
for his “propensity for mischief,” for lying and the constant use of profanity,
Stephen had been arrested for assaulting an elderly man. His father, Moses
Clark, could no longer control him. His brother had tried to apprentice him as
a cooper, but without success. Stephen was known to keep company with a “person
of lascivious behaviour” named Hannah Downes. And it didn’t help his case when,
at his father’s urging, Stephen disappeared from Newburyport soon after the
fire.
It was Hannah, when confronted by the police, who claimed Stephen Clark had set
the fire. Returning to Newburyport, the boy was arrested and, according to his
lawyer, confessed “under duress” to the crime of arson.
A capital crime
While in jail the teen reportedly threatened and swore at his captors. Too
petite for standard manacles, he was able to slip out of his restrains until
smaller, child-size shackles were custom fitted.
Latest audio
At his trial in February 1821, Stephen said he was innocent. His lawyer argued
that, beyond the word of a prostitute and the boy’s forced confession and bad
reputation, there was no evidence against him. Stephen’s father provided an
alibi, claiming his son with home with him on the night of the fire. The jury
found the boy prisoner guilty of a capital crime, but suggested leniency due to
his age.
By 1805, the state of Massachusetts had softened many of its harsh Puritanical
punishments. Prisoners could no longer be whipped, branded, their ears cropped
or their fingers cut off. But the death penalty was still in play for crimes of
murder, rape, burglary, treason, and arson. When Stephen learned he was to be
executed, he made a desperate but failed attempt to bribe is jailer. He also
tried to drill his way through the jail wall with tools apparently smuggled in
by friends.
But as the day of his execution approached Stephen Clark’s spirit broke. He
went from buoyant to listless. The rebellious and wily prisoner, according to
official reports, was “softened” by the “benevolent and pious endeavors” of two
Christian ministers. He could confess his sins and be hanged, or roast in the
eternal fires of Hell, they told him.
Shun my fate
3 months shy of his 17th birthday, Stephen Merrill Clark was executed in Salem
in May 1821. He went to the gallows, we are told, “in a devout and religious
state of mind.” Typical of the era, his heavily attended execution was
publicized as a warning to future criminals.
The night before his execution, Stephen admitted that he had taken a piece of
cloth about 2 feet long from his father’s house, soaked it in rum and
brimstone, lit it with a cigar and put it in some hay in the barn belonging to
Phoebe Cross. He also started a fire under the stairs with a candle.
But why, he was asked? The idea, Stephen confessed, came from Hannah Downes.
The one person he cared for was offended at the way people in Newburyport
talked about the two of them being together. Hannah suggested he should get
revenge on the town by setting the fire. “She urged me to commit the act,” he
said. He protested to her at first, but finally gave in.
The hanging of young Stephen Clark for starting a fire in which there were no
fatalities helped focus the public debate over “capital murder” in
Massachusetts. By 1852 the death penalty had been reduced to acts of murder and
treason.
In his final hours the young prisoner said he held no grievances toward the
people of Newburyport, or toward the judge and the jurors who had condemned him
to die. He grew emotional when reminded of the pain he had caused his aged
parents. In a written confession, as was the custom, he warned other youths to
listen to their parents and to shun his evil ways. A souvenir broadside
featuring a coffin bearing the initials “SMG” appeared soon after his death.
The introduction reads: “Be warn’d, ye youth, who see my sad despair: Avoid
LEWD WOMEN, false as they are fair”
Among the youngest prisoners executed in the United States, Stephen may also be
considered the only casualty of the 5 horrific fires that melted the heart of
two sister seaports. Marching to the gallows the frightened and desperate boy
turned to the 2 clergymen at his side. “You will take care of my body, won’t
you?” he begged. Moments later Stephen Merrill Clark was launched into eternity
- and into the footnotes of seacoast history.
(source: Account of the short life and ignominious death of Stephen Merrill
Clark, who was executed at Salem on Thursday the 10th day of May 1821 at the
early age of 16 years and 9 months, for the crime of arson. Salem, MA:
Published by T.C. Cushing. Massachusetts. 1821.----Copyright 2019 by J. Dennis
Robinson, all rights reserved. Robinson’s history column appears in the
Portsmouth Herald every other Monday and his weekly photo blog runs each
Thursday. He is the author of a dozen history books on topics including the
1873 Smuttynose ax murders, Strawbery Banke Museum, Privateer Lynx, and
Wentworth by the Sea Hotel----seacostonline.com)
PENNSYLVANIA:
Capital punishment system is hopelessly broken
To the Editor:
The Death Penalty Information Center recently released its yearly report for
2018 on the death penalty in the United States. The facts and statistics
presented in this report show that our capital punishment system is hopelessly
broken.
For the 18th year in a row, death penalty usage dropped nationally. There were
only 25 executions carried out in 2018, 1/2 of which occurred in Texas.
2018 also marks the first time in more than 25 years where the number of
prisoners on death row has dropped below 2,500. This is unsurprising given that
public opinion is turning against the death penalty. Support for the death
penalty in the United States continues to drop each year. Fewer than 1/2 of
Americans believe that the death penalty is applied fairly. The public is ready
for change.
This report strengthens my personal belief that we need to find an alternative
to executions in our state and our country. Hopefully, with new information and
new statistics, we will be able to move toward different consequences for
violent crimes and an abolition to capital punishment.
Amara O’Connell, Glenside
(source: Letter to the Editor, Montgomery News)
FLORIDA:
Death row inmate Pablo Ibar found guilty of triple murder for a 2nd time----A
Florida jury did not explain its decision for convicting the half-Spanish
defendant, who has maintained his innocence throughout three trials and 24
years spent in prison
A US jury has found death row inmate Pablo Ibar guilty of a 1994 triple killing
in Florida in what is known as the “Casey’s Nickelodeon” murder case.
The eight-member jury did not provide the reasons for its decision, which
confirms an earlier guilty verdict handed down in 2000. The conviction was read
out on Saturday by Judge Dennis Bailey, and Ibar was taken back to prison. A
sentence will be read out on February 25, with prosecutors seeking the death
penalty once again.
In 2016, the Florida Supreme Court wrote that there was a lack of physical
evidence connecting Ibar to the triple murders
Ibar, who is of Spanish descent on his father’s side, has been behind bars for
24 years, 16 of them on death row, for the murder of a bar owner and 2 dancers
inside the former’s house in Broward County, Florida.
The case has been widely followed in Spain due to his father’s origins in the
Basque Country. A Pablo Ibar Association was set up to lobby against the death
penalty and to raise funds to pay for Ibar’s defense.
His father, Cándido Ibar, who emigrated to Florida in the 1960s to play the
traditional Basque sport known as pelota, traveled to Spain last year to
support a crowdfunding drive to cover his son’s legal fees, which are estimated
at more than $1 million.
This latest trial marked the 3rd for Ibar, whose 1st time inside a courtroom,
in 1997, ended in a hung jury. He was found guilty and sentenced to death in
2000, then won a Florida Supreme Court battle to be granted a retrial on the
basis that his court-appointed counsel had mounted a flawed defense.
In 2016, the Florida Supreme Court also wrote that there was a lack of physical
evidence connecting Ibar to the triple murders. Ibar’s DNA was not found on a
blue T-shirt recovered from the crime scene, and which partially covered the
face of the perpetrator according to grainy surveillance camera footage.
No DNA evidence
No conclusive DNA evidence was ever found linking Ibar to the crime scene. Of
the more than 100 fingerprints found inside the house of victim Casimir “Butch
Casey” Sucharski, not one of them belonged to Ibar. In 2016, a new analysis of
the shirt produced a sample that partially matched Ibar’s DNA, although the
sample was so damaged that the results are considered inconclusive by
international lab standards.
None of the blood, hair and saliva samples recovered in the investigation match
Ibar either. The sweat on the t-shirt that allegedly covered Ibar’s face
contained DNA belonging to the 3 victims and to 2 unidentified males, neither
one of whom was Ibar, according to lab tests.
His father traveled to Spain last year to support a crowdfunding drive to cover
the legal fees, estimated at more than $1 million
His defense has always claimed that it would have been “virtually impossible”
for Ibar not to leave a single trace after such an attack. Kucharski – the
owner of a bar called Casey’s Nickelodeon – and the dancers Sharon Anderson and
Marie Rogers were bound, beaten and killed.
Prosecutors have routinely ignored the physical evidence and focused on grainy
black-and-white video footage of the killings to convince the jury that it was
Ibar’s face in the images.
Ibar has always maintained his innocence, and has shown a willingness to
undergo tests. A co-defendant, Seth Penalver, was originally sentenced to death
but later acquitted, using the same evidence used against Ibar.
A mafia job?
Days after the triple murder, a man told the police that it had been a settling
of scores perpetrated by members of the Gambino mafia. This man turned up dead
just days later, and the police never followed up on this line of
investigation. Security tapes showing threats being made against the bar owner
were deleted by the time the case first went to trial.
Gene Klimeczko, who used to be a friend of Ibar’s, testified in court that he
had been paid $1,000 to link Ibar to the crime. He also said that this payment
had been sanctioned by Paul Manzella, one of the police detectives in charge of
the case.
On July 14, 1994, Ibar was arrested on petty drug-dealing charges. That same
day, the police received news of a triple homicide committed days earlier, and
charged Ibar with the crime based on the video footage.
(source: elpais.com)
ALABAMA:
Mobile police officer shot and killed at apartment complex on Leroy Stevens
Road
The suspect, 19-year-old Marco Perez, will face a capital murder charge. Mobile
District Attorney Ashley Rich has asked that Perez be held without bond. A
capital murder charge would make Perez eligible for the death penalty.
Mobile Police Officer Sean Tuder has been shot and killed. Police Chief
Lawrence Battiste says that they have Marco Perez in custody as a suspect in
the shooting death.
Perez was recently in the news over an alleged kidnapping story. His mother,
Tiffany Perez, was arrested for filing a false report about the kidnapping.
Police have not yet released whether or not Perez was the shooter.
We're told Officer Tuder was with the Mobile Police Department for 3 years. He
was named Officer of the Month in July 2017.
Officer Tuder's body was moved to University Hospital as a processional
followed.
Mobile Mayor Sandy Stimpson expressed his condolences tonight after hearing the
news of Officer Tuder's death. "Earlier today, Mobile lost one of our best and
finest, Officer Sean Tuder. We send our thoughts and prayers to his friends and
family during this tragedy. We mourn together as a community and we love
together as a community," Stimpson tweeted.
11 months ago to the day, another Mobile Police Officer Justin Billa, was shot
and killed during a domestic dispute on February 20. His wife, Erin, posted
this message on Facebook about Officer Tuder:
Mobile District Attorney Ashley Rich expressed her condolences tonight after
hearing the news.
"The city of Mobile lost one of its finest officers today. This tragedy is a
stark reminder of the dangers that the brave men and women of law enforcement
face everyday. I would like everyone to take a moment to remember the man who
made the ultimate sacrifice while protecting our community. Please keep Officer
Sean Tuder’s family in your thoughts and prayers," Rich posted to her Facebook
page.
Governor Kay Ivey on Sunday issued the following statement regarding the
shooting death of Mobile Police Officer Sean Tuder:
“Less than a day after laying to rest Birmingham Police Sergeant Wytasha
Carter, I’m saddened to learn of the death of Mobile Police Officer Sean Tuder,
who was killed today in the line of duty. I extend my sincerest condolences and
heartfelt prayers to Officer Tuder’s wife and family, fellow officers and to
the community he served. Officer Tuder was an exceptional young officer, a true
leader and was once recognized as ‘Officer of the Month’ for his commitment to
serve and protect. This senseless tragedy has sadly taken the life of yet
another Mobile police officer, far too soon, and stands as a reminder of the
sacrifices made by those who wear the badge. To the Mobile community, know that
all of Alabama joins you in mourning this remarkable law enforcement officer.”
(soruce: NBC News)
OHIO:
Ohio Parole Board member quits, calls agency toxic and secretive
Cleveland Democrat Shirley Smith resigned her post on the Ohio Parole Board,
saying the agency is dysfunctional, secretive and toxic.
Smith, a former lawmaker who pushed through sentencing reforms, spent 3 years
on the 12-member board but gave up the $90,000-a-year job on Dec. 31.
When she was appointed to the Parole Board in February 2015 by the Kasich
administration, Smith said she quickly learned “it would be a long, bumpy ride
while navigating a complex system of make-up-as-you-go policies and procedures
that were not neither principled nor consistent. In my opinion and experience,
the Ohio Parole Board chooses to operate as a secret society based on college
roommate friendships, tenure and positions held within the Ohio Department of
Rehabilitation and Correction, and members’ desire to maintain absolute power.”
In a 4-page opinion column distributed to Ohio media, Smith blamed DRC Court
and Community director Cynthia Mausser for driving members off the board with
“her scheming machinations.”
Mausser, who served on the board from 2001 to 2015 and now oversees the board,
was not made available for response to Smith’s allegations.
Instead, Ohio DRC issued a written statement that said parole board rules and
policies are public and the department encourages employee suggestions.
Additionally, state law and the constitution give crime victims certain rights
in the parole process. Parole board members who meet statutory requirements are
selected.
The Parole Board has discretion over the release or retention of prisoners
sentenced before a major state law change in 1996 and over roughly 3,200
inmates sentenced to life terms after 1996 for murder and sex crimes against
children. It also reviews clemency requests and makes recommendations to the
governor.
Board members, who are appointed by the Ohio DRC director, interview parole
eligible inmates via video conference. Hearings and deliberations are closed
but decisions are public records. In 2017, members were paid between $90,300
and $115,600 in salaries.
Gov. Mike DeWine’s press secretary Dan Tierney said the governor “has full
faith in the director to address issues that arise at DRC. Obviously, this is a
new administration and we’re just getting started.”
DeWine’s nominee for prisons director Annette Chambers-Smith has yet to be
confirmed by the Ohio Senate.
Bret Vinocur of BlockParole.com, which seeks to prevent release of the “worst
of the worst,” said he agrees with much of Smith’s criticism.
“We have no idea how to determine what criteria they’re using to make parole
decisions,” said Vinocur, of Columbus, a citizen advocate for the past 17
years. “It’s a crap shoot. You just don’t know.”
Prisoners who go before the board say its decisions are irrational, often based
on subjective and unknown criteria and sometimes based on inaccurate
information.
Pickaway Correctional Inmate Bernard Keith, representing himself, took a case
to the Ohio Supreme Court. In 2014, he successfully argued that the parole
board acted on inaccurate information. The 6-1 decision, which reversed the
10th District Court of Appeals, held that the parole board is obligated to be
sure the records used to make decisions are reasonably accurate and pertinent.
A review of Ohio Parole Board annual reports shows on average over the past 8
years, parole is granted in about 10 % of the hearings.
Vinocur explains the low rate this way: “They have paroled all the low hanging
fruit. The guys in there now are horrific. Go look at the cases, they’re
horrible.”
Smith, who resigned Dec. 31, recommended the following reforms:
Establish a task force to independently review the board practices and policies
and recommend changes that will bring more accountability and transparency;
Add members with more diverse backgrounds, rather than loading the board with
people with criminal justice resumes and hire a more racially diverse staff;
Separate the board from the prison department;
Prohibit members from voting on parole decisions if they didn’t participate in
the hearings; and set clear policies for clemency considerations.
(source: daytondailynews.com)
_______________________________________________
A service courtesy of Washburn University School of Law www.washburnlaw.edu
DeathPenalty mailing list
DeathPenalty@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
