February 12




OHIO:

Final jury selection delayed in start of quadruple homicide trial



Final jury selection was delayed Monday in a Pedro, Ohio, quadruple homicide case being held at the Lawrence County Courthouse.

Arron L. Lawson, 24, of Township Road 1051, Ironton, faces 4 counts alleging aggravated murder in the 2017 death of 4 individuals.

His alleged victims Stacey Holston, 24; her son, Devin Holston, 8; Stacey's mother, Tammie L. McGuire, 43; and McGuire's husband, Donald McGuire, 50; all of Pedro, were shot to death Oct. 11, 2017, at the Holstons' home.

If found guilty for those deaths, Lawson faces a penalty of death.

Todd Holston, also was stabbed with a pocketknife inside the family's trailer during the attack, but survived his injuries.

For other allegations, Lawson also was charged with aggravated burglary, attempted murder and felonious assault of Todd Holston, the rape of Stacey Holston, abuse of a corpse, kidnapping of Devin Holston, tampering with evidence, theft of a motor vehicle and failure to comply with the order or signal of a police officer.

Following the killings, Lawson is accused of having fled the scene. A manhunt involving more than 100 Tri-State law enforcement officers lasted for 36 hours before he was arrested along County Road 52.

Lawson appeared in court Monday in a button-down shirt with his long locks of hair and long beard, which had been shaved shortly after his arrest, growing back to their original state.

The trial is expected to last several weeks. The jury will be sequestered from the outside world during deliberations.

Monday started with Judge Andy Ballard ruling in final motions and discussing some juror issues before bringing in the remaining jurors for the final selection. After about 20 minutes, however, an undisclosed issue occurred and court was delayed until afternoon.

About 50 potential jurors will be cut Monday to the final 12, with a couple alternatives. Dozens more had been cut during previous jury selection, which started Jan. 28.

Each side will be given an hour and a half for opening arguments after the jury is seated; however, Kirk A. McVay, assistant state public defender, said he only would need 15 minutes. Lawrence County Prosecutor Brigham Anderson represents the state on the case.

At one point it is expected the jury will be taken to view the locations of where the alleged crimes took place. McVey said his client did not wish to attend that.

Ohio death penalty laws require a death penalty case to be a bifurcated trial. The 1st part of the trial will focus on his guilt or innocence.

If found guilty, Lawson will face a 2nd trial in which the same jury will recommend a penalty or life in prison or death.

(source: The Herald-Dispatch)








INDIANA:

Wishawaka man pleads guilty ahead of third trial for triple murder



Wayne Kubsch pleaded guilty to murder Monday morning in a dispositional hearing.

The hearing was unexpected, taking place just before jury selection was set to begin in the 3rd murder trial against the Mishawaka man.

Kubsch has accepted a life without parole agreement.

Jury selection in this trial was supposed to begin Monday morning. This would have been Kubsch’s 3rd trial.

In 2 prior trials, he was convicted and sentenced to death, but those outcomes were overturned.

In the agreement announced Monday, Kubsch plead guilty to 2 counts of murder. 1 for Beth Kubsch and a 2nd for Rick Milewski.

Charges for the death of the 3rd victim, 10-year-old Aaron Milewski, will be dropped as a part of this plea.

Prosecutors say they discussed this with the family and they agreed to it because counts for Beth and Rick would already secure a life without parole sentence.

Prosecutors say this new deal appears to have lifted a burden off the family’s shoulders.

“It saves the family and the community a jury trial and the actual ultimate sentence here is no different than if we had done a three-week trial and got to the endpoint. Life without parole is life without parole and I think that’s a very important feature of this particular agreement,” said Eric Tamashasky, St. Joseph County chief deputy prosecuting attorney.

Sentencing is on March 8.

If the judge accepts the plea, Kubsch will spend the rest of his life in prison. If the judge does not accept the plea, the case will go to trial.

Life without parole was the maximum the prosecution could have gotten after deciding to drop the death penalty possibility.

The death penalty provision was a primary consideration in the first 2 convictions being overturned.

(source: WSBT news)






COLORADO:

Should State Legislators Repeal Colorado’s Death Penalty



The issue has been debated for decades and likely will be debated for decades to come.

The death penalty is one of those issues that tends to elicit strong feelings on both sides. It's also one of those issues where there's never going to be agreement and ultimately will come down to which party is controlling state government. Right now, that party is the Democrats.

There is currently no bill before the legislature on the matter, but it's very possible there will be before the current session ends.

As controversial as the issue is, the fact is, the death penalty has virtually been a non-factor since the national moratorium on executions was lifted back in 1976. Since then, only 1 person has been executed in Colorado, and currently, there are only 3 individuals on Colorado's death row.

Opponents of the death penalty say it's immoral and hypocritical. Supporters will say the threat of the death penalty can help solve crimes and motivate criminals to confess or to offer valuable information.

I can't say that I have strong feelings about the death penalty. I'm not so sure that it is a deterrent to violent crime, but at the same time, it seems right that if you purposely take another's life it should cost you your own. I can definitely see both sides of this, and I'm always interested in the perspective of others.

(source: Zane Mathews, KOOL news)








ARIZONA:

State to seek death penalty for man accused of killing Isabel Celis and Maribel Gonzales----Isabel Celis and Maribel Victoria Gonzales were kidnapped and killed in Tucson in 2012 and 2014.



Arizona will seek the death penalty for Christopher Matthew Clements, the man accused of killing Isabel Celis and Maribel Victoria Gonzales.

According to a spokeswoman at Pima County Superior Court, the judge will be issuing a notice specific to this filing in the next week or so.

Clements is facing 22 felony charges, including 2 counts of 1st-degree murder.

Celis was 6 years old when she vanished from her parents’ east-side home in April 2012. Just 2 years later, a 13-year-old Gonzales disappeared while walking to a friend’s house.

Both girls were found dead near Trico and West Avra Valley roads.

ISABEL CELIS TIMELINE

• April 20, 2012: 11 p.m., Isabel Mercedes Celis went to bed in her bedroom.

• April 21, 2012: Around 8 a.m., family members call 911 after they discover Isabel is not in the house.

• April 22, 2012: FBI search dogs arrive from Virginia to aid in the search.

• April 23, 2012: Celis family and 88-CRIME post $6,000 reward.

• March 2017: Human remains discovered near North Trico and West Avra Valley roads in rural Pima County.

• March 31, 2017: DNA analysis confirms remains are those of Isabel Celis.

• Sept. 15, 2018: Authorities announce indictment of Christopher Matthew Clements in Isabel’s death.

MARIBEL GONZALES TIMELINE

• June 3, 2014: Maribel Gonzales leaves home to walk and visit a friend.

• June 4, 2014: Gonzales reporting missing by her family after she fails to come home.

• June 6, 2014: Human remains discovered near North Trico and West Avra Valley roads in rural Pima County.

• June 20, 2014: DNA analysis confirms remains are those of Maribel Gonzales.

• Sept. 15, 2018: Authorities announce indictment of Christopher Matthew Clements in Maribel’s death.

(source: tucsonnewsnow.com)








OREGON:

Woman charged with murdering parents, attempting to kill neighbor faces death penalty



Charging documents have been filed against a woman accused of killing her parents and injuring a neighbor Friday in Oakridge.

Kelly Lynn Conrad, 39, was arraigned Monday in a Lane County Jail courtroom and charged with 2 counts of aggravated murder and 1 count of attempt to commit murder.

Conrad is accused of killing her parents, Milton Conrad, 71, and Karen Conrad, 64, in their Oakridge home Friday. She’s also accused of attempting to kill Jimmie Lavonne Moffitt, a neighbor.

According to public records, Kelly Conrad and her parents lived at a West Second Avenue home where police were called at 2:32 p.m. on a report of a dispute. When officers arrived, Kelly Conrad was armed with a knife and ultimately was taken into custody, police said in a Monday press release. In a subsequent search, authorities found Milton and Karen Conrad dead in their home and an injured Moffitt next door.

The charges of aggravated murder make Kelly Conrad eligible for the death penalty.

(source: The Register-Guard)








USA:

Pittsburgh shooting: death penalty question looms over not guilty plea



The suspect in a shooting at a Pittsburgh synagogue in which 11 people died pleaded not guilty to dozens of charges on Monday as his new lawyer, a prominent death penalty litigator who represented one of the Boston marathon bombers, signaled he might be open to a plea deal.

Authorities say Robert Bowers, a truck driver, killed 11 and wounded seven, including five police officers, at Tree of Life Synagogue in October. He appeared in federal court with attorney Judy Clarke, who expressed hope for a resolution without a trial.

Clarke is known for negotiating plea deals that helped some of the nation’s most infamous criminals avoid death row, among them the Unabomber Ted Kaczynski, Atlanta Olympics bomber Eric Rudolph and Arizona gunman Jared Lee Loughner, who killed 6 people and injured 13 including the congresswoman Gabrielle Giffords.

Clarke also represented the marathon bomber Dzhokhar Tsarnaev, whom a jury sentenced to death.

A spokeswoman for federal prosecutors in Pittsburgh has said a decision about whether to pursue the death penalty against Bowers remains under review. Assistant US attorney Troy Rivetti said in court on Monday that if Bowers does opt for a trial, it could last about three weeks, not including any potential penalty phase.

Bowers, who was shackled, said little, giving yes or no answers. He has been held at the Butler county prison, about 35 miles north of the shooting scene.

On 29 January, a grand jury added 19 counts to the 44 Bowers was already facing. The additional charges include hate crimes violations, obstruction of religious belief and the use of a firearm during crimes of violence.

Bowers, 46, of Baldwin, Pennsylvania, is accused of targeting worshippers from 3 congregations on Saturday 27 October, during Sabbath services. Donna Coufal, a member of the Dor Hadash congregation, said she attended the arraignment “to bear witness”.

“It’s been a painful time,” she said, “but we remain strong as a community.”

Investigators say Bowers posted criticism of a Jewish charity on social media before the attack, claiming it “likes to bring invaders that kill our people”. Authorities said he raged against Jews as he carried out the shooting, then told investigators “all these Jews need to die”.

(source: The Guardian)








US MILITARY:

The Hidden Segregation of Military Executions During the Civil Rights Movement



The knotted rope and the fire hose, the lunch counter and the poll tax — the most notorious aspects of America’s ignominious record on race are well known, but they are not the whole story. One chapter has remained largely hidden for decades: how the United States Army, during the early years of the civil rights movement, dealt with the crucible issues of race and capital punishment. Not well, it turns out.

In the years between 1955 and 1960, all 8 white soldiers who were condemned to death, each of them a murderer, saw their sentences commuted by the Eisenhower Administration, the federal courts or the Army itself. Eventually they all won parole too, and returned home to the embrace of their families and loved ones.

In contrast, the 8 convicted murderers who were hanged by the military — summoned from death row cells in the sub-basement of Fort Leavenworth, Kans., and marched to the top of a wooden gallows — were all black.

The white men benefited from influential Washington politicians, the Army brass, astute capital defense attorneys, public outcries and even a sympathetic national press. Government records show how Washington’s elite often bent backwards to find a reason to spare their lives. One white soldier drowned an Army colonel’s only daughter, 8 years old, in shallow waters outside their base near Tokyo; yet he went home. Another raped and slashed to death a 5-year-old local girl in Okinawa: he too was set free.

Their black counterparts were seldom recognized, and never singled out for any great lobbying effort to spare their lives. No Washington insiders rushed to their defense; no press or public championed their cause. Generally, the most encouragement they could draw would be in the form of a pitiful hand-scribbled letter from their often-semi-literate mothers, pleading for mercy. “I am begger for his life,” Mrs. Gentry Collier of Chattanooga, Tennessee, wrote the Eisenhower White House. “…he was a good boy both white and colored love him he ant never have ben in trouble tell he was in the army” (sic all).

The last doomed soldier from that era turned out to be a young black soldier from southern Virginia. He was the 9th black soldier executed in that era and, it would turn out, would be the last soldier executed by the Army to this day. Private First-Class John Arthur Bennett, a descendant of tobacco-plantation slaves, was accused and found guilty of raping and assaulting a young white girl. The Army sentenced him to death, rape being then on the Army books as a capital crime. He was 18 when taken into custody in then-Occupied Austria, and he languished for 6 years on the army’s death row cellblock, a metal-and-concrete chamber deep in the bowels of the main prison at Fort Leavenworth, what many called “The Castle.”

By early 1961, when his case rolled into the start of the Kennedy Administration, a black civil rights attorney from Bennett’s home community took up his defense in hopes the country’s new commander-in-chief—a Democrat, a Catholic, a liberal—would step in and save this final life. In his plea to the President, he stressed that “a fundamental principle of an honest judicial system must be equal justice for all,” and cited the fact that white soldiers had been granted mercy.

But Kennedy was unmoved. He resisted taking up the matter of Private Bennett, and preferred to let the earlier Eisenhower decision stand that Bennett be put to death. Kennedy in those early months of his new administration had just barely won the White House, and realized politically that his very thin margin was boosted largely with white voter turnout in the Southern states. Nor was the new young president affected by pleas from some in his New Frontier administration who opposed capital punishment or last-minute telegrams from the victim and her parents urging that Bennett live.

Still Bennett implored Kennedy to save him. He had already outlasted two stays of execution. New evidence showed he suffered from a mental disorder and also suffered from epileptic seizures throughout his life, and that he may have been in the middle of an episode at the time of the assault. The young soldier and his small-town attorney continued to hope Kennedy would change his mind and commute this last death sentence, and with the presidential pen strike a major blow against the long racial history of Army injustice.

From his cell deep below the Castle, Bennett’s eyes desperately followed the prison clock as the hours drew down on April 12, 1961. Would be die at midnight too? Or would the Army’s disgraceful record of sparing white soldiers and executing only black troops at last come to an end?

They came for him, in the end. Today, the prison has long been torn down and the Army has not hanged a soldier since then. But little else has changed. A new modern Army death row currently houses 4 soldiers condemned to die. 3 are men of color.

(source: Richard A. Serrano is the author of Summoned at Midnight: A Story of Race and the Last Military Executions at Fort Leavenworth, newly released by Beacon Press----Time Magazine)



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