February 14
NORTH CAROLINA:
Adoptive parents of Erica Parsons, facing death penalty, due in court
The adoptive parents of Erica Parsons, accused of killing the girl in 2011, are
due in court Thursday morning.
Thursday’s hearing could bring us one step closer to the trial for Casey and
Sandy Parsons, who have been charged with 1st-degree murder. The couple is
facing the death penalty in the high-profile case.
An autopsy found that 14-year-old Erica was abused, killed and her body hidden.
Her remains were eventually recovered in 2016 in South Carolina -- more than 80
miles from where she lived in Salisbury.
Thursday’s hearing is expected to focus on discovery and pre-trial motions. The
prosecutor is expected to ask for a trial date to be set as well.
The judge overseeing the case previously granted defense attorneys more time to
review evidence. Casey and Sandy Parsons are being represented by special
public defenders experienced with death penalty cases.
The trial date would likely be set to begin early next year.
(source: WSOC news)
OHIO:
Ohio Man Pleads Not Guilty to Deputy Slaying Charges
A man who could face the death penalty if convicted pleaded not guilty
Wednesday to charges he fatally shot an Ohio sheriff's deputy and tried to kill
others during a standoff.
Wade Edward Winn, 23, was indicted this week on 2 counts of aggravated murder
and 12 counts of attempted aggravated murder in Clermont County, just east of
Cincinnati. Prosecutors have said Winn faked killing himself during a 12-hour
standoff that began Feb. 2 at an apartment, then shot through a wall at
deputies.
Clermont County deputy Bill Brewer died . Another officer was wounded in the
leg.
Asked for his plea during Wednesday afternoon's arraignment, Winn replied: "Not
guilty, your honor." Common Pleas Judge Anthony Brock ordered Winn held without
bond and scheduled a Feb. 28 pretrial conference.
Brock said he would impose a gag order to limit pretrial publicity. He asked
both sides to submit proposed wording for the order.
"Obviously, this is a very serious case, and this is a case that has great
public interest," Brock said. Saying he wanted to disclose any facts that might
raise questions about the court's impartiality, Brock cited a range of items
including that he had contributed $20 to a fund to benefit the slain deputy's
family and that he formerly regularly played basketball with one of the
deputies who was shot at.
Earlier, he appointed Greg Meyers of the state public defender's office to lead
Winn's defense after Clermont County public defenders cited possible conflicts
of interest.
Winn spoke clearly as he answered the judge's questions about his rights, the
charges against him and the potential penalties. The judge read each count of
Tuesday's indictment to him along with death penalty specifications.
(source: Associated Press)
TENNESSEE:
Bill named for slain Tennessee cop would speed-up death sentence reviews
As Tennessee ramps up executions, the Republican-led Legislature is considering
eliminating 1 state court's death sentence reviews.
Legislation named for fallen Dickson County Sheriff's Sgt. Daniel Baker would
provide automatic state Supreme Court death penalty reviews, skipping
Tennessee's Court of Criminal Appeals.
Prosecutors have said they're seeking death sentences for 2 people awaiting
trial in Baker's May fatal shooting. His cruiser was set on fire with his body
inside.
The bill's supporters include House Speaker Glen Casada and Senate Speaker
Randy McNally, who said justice delayed 20 and 30 years isn't justice at all.
In 2017, a public defenders group estimated saving less than a year under the
change.
Jeff Cherry of the Tennessee Association of Criminal Defense Lawyers, which
opposes the bill, said it's better to get the right result than a fast result.
(source: Associated Press)
MINNESOTA:
Attorneys of the Year: Douglas Tyrone Armstrong Death penalty Team
A team from Maslon LLP has earned a group Lawyer of the Year award for a
12-year effort that has succeeded in removing a Texas prison inmate from death
row.
The inmate, Douglas Tyrone Armstrong, was convicted of murder and sentenced to
death in 2007, whereupon Maslon took up the case and began serving as
Armstrong’s habeas counsel. Since then, the firm has committed thousands of
attorney hours in an effort to provide the kind of legal assistance the man had
not received previously.
Julian Zebot, a partner in the firm’s commercial-litigation group, said that
the team quickly discovered that the Armstrong defense prior to the initial
capital trial had been marked by serious deficiencies on the part of the
court-appointed lawyer. In addition, the team uncovered new forensic evidence
to support Armstrong’s claim of innocence.
The Maslon team thus filed a petition for a writ of habeas corpus, and in late
2017, the Texas Court of Criminal Appeals vacated the death sentence and
ordered a new trial. In March 2018, a trial court sentenced Armstrong to life
imprisonment, but the Maslon team is continuing its fight for exoneration,
appealing the conviction to the U.S. Court for the Southern District of Texas.
“I think I can speak for the team in saying that for a lot of us, it reinforced
many of the reasons we decided to become lawyers in the first place—the
opportunity to make a fundamental difference in our clients’ lives,” Zebot
said. “This truly has been a team effort, and I couldn’t be more proud of my
colleagues and partners here at Maslon for their dedication to this matter.”
(source: minnlawyer.com)
COLORADO:
Jared Polis Speaks With Colorado Matters
Democratic Gov. Jared Polis said Wednesday if lawmakers pass a proposal to end
the state’s death penalty he’ll commute the sentence of convicted murderer
Nathan Dunlap to life in prison.
“If the state, Republicans and Democrats, were to say, and I were to sign, a
bill that said we no longer have the death penalty in Colorado … I would
certainly take that as a strong indication that those who are currently on
death row should have their sentences commuted to life in prison,” Polis said.
Dunlap was sentenced to death for murdering 4 people in Aurora in 1993. Polis’
predecessor, John Hickenlooper, favored the death penalty when he entered
office but later changed his mind. As a result, he delayed Dunlap’s execution,
but stopped short of commuting his sentence.
Because Democrats control both houses of the legislature, they could revoke the
death penalty without Republican votes. However, Polis predicted the measure
would win support from both sides of the aisle.
A death penalty bill is expected but hasn’t been introduced yet.
RW: Let's focus on criminal justice for a bit. A man who is sitting on death
row, Nathan Dunlap, killed 4 people at an Aurora restaurant in 1993. Your
predecessor, a fellow Democrat, John Hickenlooper, moved from favoring the
death penalty to opposing it. And so he made sure Dunlap wasn't executed on his
watch. But he did not go so far as to commute his sentence, saying he didn't
want to foreclose on that possibility for a future governor. So the decision
now rests on you. What will you do about Nathan Dunlap? JP: Well, what I have
certainly said, during the campaign, is that if the legislature sends us a bill
to eliminate the death penalty in Colorado, I would sign that bill. I think
it's not cost effective, I think it's not an effective deterrent. And if the
legislature were to abolish the death penalty, then I would strongly consider
making sure that penalty that is no longer on the books in Colorado is not
carried out for anybody who's in that process.
RW: That is to say, it's not just for those who might get serious sentences
going forward, but you would apply that to those who had gotten capital
sentences prior.
JP: Well, again, I don't know what exactly will be in the bill, but I would
certainly view them together. If the State Republicans and Democrats were to
say, and I were to sign a bill that said we no longer have the death penalty in
Colorado, whether it's formally in the bill or not, I would certainly take that
as a strong indication that those who are currently on death row should have
their sentences commuted to life in prison.
RW: Though you wouldn't even need Republicans necessarily, because Democrats
control both chambers.
JP: Well, it's always been a bipartisan issue. Obviously among the most
outspoken opponents of the death penalty are the Catholic Church and many in
the faith community.MO< RW: Do you think a bill like that will land on your
desk this session? Or [crosstalk] ...
JP: Well you're asking me to prognosticate here?
RW: Or to tell me about conversations you've had.
JP: You know, I don't know Ryan. I'm not pundit. My job, it's clear to say
where I stand. Please don't ask me to predict what the wonderful, thoughtful
legislators on both sides on the aisle will get across the finish line.
RW: I only ask, thinking you might have been a part of conversations. I
certainly don't expect you to have a crystal ball.
JP: And again, we're very clear about what we'll sign, and we try to, for bills
that we don't like, we're also clear about those, and bills will be working
their way through the process.
RW: More than 99 % of the state's prison beds are currently full. Projections
call for thousands more prisoners to enter the system in coming years, but your
budget doesn't call for construction of any new beds. Is that safe for the
public?
JP: So we proposed a bed-neutral proposal with corrections, and we are very
interested in this discussion of criminal justice reform. Meaning, right now,
we have things that are dumped on our criminal justice system, that are often
substance abuse issues, mental health issues, that are more costly for
tax-payers to deal with on the criminal justice side. And also, frankly, less
effective in keeping people safe and preventing recidivism. So we are proposing
that we maintain a neutral number of beds, as we look at alternative treatment
for folks that don't necessarily benefit from incarceration, and the public
isn't made any safer.
RW: But that, too, sounds costly. Proper treatment, which often has to be long
term and people fail and have to try again.
JP: There's the good news though, it absolutely costs money, but it still costs
less than the cost of incarceration, which is about the highest cost form of
intervention that the state can do. You know, it's $110, $120, $130 a day per
inmate, very expensive.
RW: But can that be reflected in a year to year budget?
JP: We can begin to reflect those values in our budget, which we are, but it's
certainly much more than a one year discussion.
(source: Colorado Public Radio)
WYOMING:
Death penalty repeal bill continues to move forward
A bill to repeal the death penalty in Wyoming cleared another important hurdle
Wednesday, passing the Senate Judiciary Committee by a unanimous vote.
Sponsored by Cheyenne Republican Rep. Jared Olsen, House Bill 145 has gone
further than the past six legislative attempts to repeal the death penalty,
spurred along not only by fiscal conservatives and members of the religious
community, but advocates for criminal justice reform.
“We have an obligation to have a justice system that is blind and based on
facts, and not based on what we wished it was or what it used to be,” said Sen.
Brian Boner, R-Converse, a co-sponsor on the bill and a member of the
committee.
Wednesday’s vote comes after the bill moved swiftly through the House of
Representatives, a surprising development after years of failures. It will now
be considered by the entire Senate.
Wyoming, which has not performed an execution since the early 1990s, is one of
31 states where the death penalty is legal. Though no inmates currently sit on
the state’s death row, nearly $1 million in public funding is set aside for a
death penalty legal defense fund, according to a fiscal note attached to the
bill. Typically, that money goes untouched.
But the state’s death penalty statutes create additional burdens on state
government, law enforcement officials testified. Because a death penalty
provision is still on the books, the state public defender’s office is required
to train its attorneys every two years to handle death penalty cases, said
State Public Defender Diane M. Lozano. She has to assign her 2 best attorneys
to the case – as well as a fact investigator – every time a capital case arises
in order to completely explore the potential that the death penalty could be
considered cruel and unusual punishment under the Eighth Amendment of the U.S.
Constitution, she said.
Because of the resources involved in trying death penalty cases, public costs
can often be steep, both fiscally and in time lost. Lozano, who has been
involved in 11 death penalty cases since 1994, told the committee that a
resentencing for a death penalty case once cost her office $2.1 million and –
as long as the law remains on the books – there is always a fear that more than
one case could completely deplete their budget.
The average death row inmate costs the Wyoming Department of Corrections 30
percent more to incarcerate than a general population inmate, with an average
stay of 17 years, said corrections department director Bob Lampert. And the
length of time an inmate is on death row has steadily increased over the last
40 years even in states like Texas, which is considered a “fast track” state
for death sentences.
If the bill doesn’t pass, Lampert said his department would be asking for an
update to the law anyway, as the chemicals needed for lethal injection
executions outlined in statute are no longer carried by pharmacists, and local
jurisdictions don’t have the numbers in their police forces needed to furnish
staff for those executions.
Several people in attendance – including Sen. Anthony Bouchard, R-Cheyenne and
former San Diego police officer Vincent Krolikowski – argued that the death
penalty can be used as a deterrent, or as another tool to use in order to
coerce a plea or additional evidence out of an accused individual potentially
facing death – something Lozano noted presents an “ethical quandary” for
prosecutors.
Lampert previously spent seven years working as a prison warden in Texas, with
involvement in 37 executions. Asked if, at any point in that time, he thought
the death penalty was enough of a deterrent to prevent crime, Lampert said no –
the people put to death, he said, were not thinking of the consequences when
they were committing their crimes.
“None of them ever told me whether they ever thought about what they were about
to do would have been something that would have resulted them in getting the
death penalty,” said Lampert. “Obviously, that did not deter them. But they
won’t have the opportunity to commit any more crimes, because those 37
individuals are now dead.”
Rabbi Larry Moldo, one of several members of the religious community to testify
Wednesday, had a simpler take.
“If God can’t create a deterrent for these heinous crimes,” he said, “why would
we think man can do any better?”
(source: Casper Star-Tribune)
*************************
Death penalty repeal getting 1st serious debate in Wyoming
Repealing the death penalty is getting a serious look in Wyoming for the 1st
time amid concern the sentencing option is expensive and may not deter crime.
The Senate Judiciary Committee heard testimony on the proposal Wednesday before
voting 4-0 to send the bill to the full Senate.
Proponents of repeal include Republican Sen. Brian Boner, who says Wyoming in
effect has no functioning death penalty. Boner points out that Wyoming has put
to death only 1 person in recent decades.
Republican Sen. Anthony Bouchard says that's a good argument for the death
penalty. Bouchard says the threat of death can encourage criminals to divulge
details of their crimes in hope of a lesser sentence.
Wyoming hasn't had an inmate on death row since 2014.
(source: Associated Press)
***********************
Legislators split on death penalty repeal
Sen. Hank Coe (Cody) doesn’t intend to help a death penalty repeal bill, which
recently passed the House, do the same in the Senate.
“I am not in favor of repealing the death penalty,” he said.
Coe said Park County Prosecutor Bryan Skoric had called him to express similar
feelings against the bill.
The House passed HB 145 on third reading 36-21. Rep. Sandy Newsome (Cody) voted
in support of the bill while Rep. David Northrup (Powell) was absent.
The main argument in favor of the bill is that the death penalty is rarely
used. There are no inmates in the state on death row and the last Wyoming
execution took place in 1992.
That’s the argument Newsome agreed with.
“We haven’t used it since 1992 and we don’t have anyone on death row,” Newsome
said. “When we do it’s very expensive because of litigation.”
A note attached to the bill says it would cost Wyoming approximately $750,000
to sufficiently fund capital punishment activities in 2020.
The bill was brought to the House by Rep. Jared Olsen (Cheyenne).
It’s the same bill that fell 6 votes short of passing in 2018.
This year could be different, as it is now in the Senate Judiciary Committee.
The bill would remove the death penalty from state law and make life without
possibility of parole the stiffest punishment available.
(source: The Cody Enterprise)
*******************
Simpson letter: LWV supports death penalty repeal
Dear Editor:
The Wyoming League of Women Voters supports House Bill 145, “Death Penalty
Repeal-2,” now in the Senate Judiciary Committee for these 5 reasons:
1. The Innocence Project has led to the exoneration of 364 prisoners
nationwide, using DNA evidence. The state should not execute innocent people.
2. Death penalty trials and convictions are far more expensive than other
cases. They take more attorneys, more research, more time, and have more
appeals. In the end many people sentenced to death are not executed. The
expense does not produce the promised goal.
3. At one time, people believed the death penalty was a deterrent to crime.
Currently, experts disagree.
4. The death penalty is more commonly given to people of color than it is to
whites, and they are more commonly executed. It is not equal justice.
5. The methods used are not consistently effective—people have been strangled,
decapitated, incinerated, suffocated, or have bled to death. The state should
not be torturing people.
Luckily Wyoming has avoided many of the problems of more populated states with
death row inmates--Texas, Florida, or Illinois. We should ensure that we
continue to do so.
For more information on the death penalty, visit Opposing Viewpoints at
gowyld.net, accessible with your library card. A particularly striking argument
is made in Rizer, Arthur, and Marc Hyden. “A Dying Shame: The state is not God,
and the death penalty is not infallible.” The American Conservative, Nov.-Dec.
2018, p. 47+. Opposing Viewpoints in Context,
https://link.galegroup.com/apps/doc/A559832460/OVIC?u=wylrc_wyomingst&sid=OVIC&xid=7875838b.
Accessed 8 Feb. 2019. Note how current the article is.
Contact your senator (www.wyoleg.gov) and urge them to support HB 145.
(source: Laramie Boomerang)
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