March 25



TEXAS:

A courageous decision



Re: "DA: Officer's killer should not be executed," Thursday Metro & Business.

I am writing to acknowledge and support Dallas County District Attorney John Creuzot's decision to spare the life of Juan Lizcano, an intellectually disabled man who murdered a Dallas police officer. Surely we can all agree that the crime was horrific and that those who commit such deeds need to be removed from free society to pay for their heinous act(s).

I hope that Creuzot in particular and Texas in general can follow the recent courageous decision of Calif. Gov. Gavin Newsom, who declared a moratorium on executions in that state. Our DA should extend his wisdom of the Lizcano decision to all future and similar cases in Dallas, and realize that a death sentence in any circumstance, for any crime, is not an appropriate response from society.

We absolutely must become better than the worst acts of our worst offenders. Stop seeking death sentences and abolish the death penalty now.

Rick Halperin, Dallas,

Director, SMU Human Rights Program and Amnesty International

(source: Letter to the Editor, Dallas Morning News)

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

Texas has 4 of the 5 counties with the most executions, data shows



5 counties in Texas and Oklahoma are responsible for 1 in 5 of the executions carried out in the United States since the Supreme Court reinstated the death penalty in 1976.

According to data from the nonprofit Death Penalty Information Center (DPIC), Harris, Dallas, Bexar and Tarrant counties in Texas and Oklahoma County in Oklahoma are responsible for 315 out of the 1,493 executions that were carried out since the highest court ruled in favor of executing prisoners in Gregg v. Georgia.

Calif. Gov. Gavin Newsome recently issued a moratorium on executions after that state sent 13 inmates to their death over that same time period. The DPIC data found 11 individual counties that executed more people than California.

“It doesn’t really make sense to talk about the death penalty in the United States. The death penalty is exclusively a Southern phenomenon,” Evan Mandery, a professor at the John Jay College for Criminal Justice, told ABC News.

Texas alone has executed 560 people since 1976, accounting for 37.5% of the total 1,493 executions.

Mandery added there are fairly specific conditions in which a capital case comes together.

“No rich white murderer has ever been sentenced to die, so you need to be almost certainly a person of color, probably killed a white person who did it in a state with the death penalty, who did it in a county within that state where the prosecutor aggressively supports the death penalty and where that prosecutor isn’t replaced in office during the time you’re on death row by someone who either opposes the death penalty or takes seriously the appellate process,” Mandery said.

St. Louis county, in Missouri, had the 5th-most executions with 19.

Of the 30 states with the death penalty, 4 have suspended the practice. New Hampshire has not executed an inmate since 1939.

(source: New York Daily News)

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

Deputy Peter Herrera dies after line-of-duty shooting----The El Paso County Sheriff’s Office is confirming a deputy has died.



Deputy Peter Herrera died today, according to Sheriff Richard Wiles.

Herrera had been conducting a traffic stop in San Elizario early Friday morning.

EPCSO says Herrera was allegedly shot multiple times by 27-year-old Facundo Chavez.

Chavez has a long criminal history.

In 2017, he had a warrant of delivery of marijuana. In 2018, he had warrants for assault causing bodily injury to a family member and criminal mischief.

The EPCSO will ask the El Paso District Attorney to seek the death penalty for Chavez.

(source: CBS News)








NORTH CAROLINA:

The race to death row



Last Wednesday, California Governor Gavin Newsom issued an executive order that effectively halted capital punishment in the golden state. In a state with 737 individuals in death row—more than 6 in 10 of whom are Black or Latinx—with 25 who have exhausted their appeals, the deadline to sign off on their lethal injections would have been at the start of April of this year. Without Governor Newsoms’ moratorium on the death penalty, California would have resumed state-ordered executions after a 13-year hiatus.

As one of the 30 remaining states that continue to practice capital punishment, our state of North Carolina holds 141 prisoners in death row. More than 63 percent of them are people of color, despite the fact that they make up less than 30 percent of North Carolina’s population. Moreover, nearly 20 percent of those on death row were sentenced to death by all-white juries. The most recent addition in the row occurred less than four weeks ago. The state has not carried out an execution, however, since 2006.

The faults that Governor Newsom’s cited in his decision against the death penalty emanate far beyond California’s borders. Here in North Carolina, more than 1,000 individuals have been sentenced to death row since 1910. In North Carolina, as in California, the arbitrary nature by which the death penalty is applied comes at the detriment of people of color. The chances of receiving the death penalty in this state increases 3.5 times if the defendant’s victim is white. Race is far from the only way to characterize capital punishment, but it is one for which such blatant statistics exist.

The chance of incriminating the wrong individual also remains uncomfortably substantiated. Earlier this year, a federal appeals court ruled that Charles Ray Finch, who was sentenced to death row in North Carolina 42 years ago, was “actually innocent” of his murder charge. With the undercurrents of racism and unreliability that explicitly dominate the process, capital punishment creates a game of racial Russian roulette out of the criminal justice system that is supposedly meant to protect our citizens.

Beyond North Carolina’s capital punishment policies, racial bias is the signature thread that winds throughout the state’s criminal justice system. In the state, black students are almost six times more likely to be arrested in school than their white peers—among the worst in the United States. This, in addition to the fact that half of all referrals to the criminal justice system come from schools, is representative of a state that falls just short of legally codifying the school to prison pipeline for children of color. Turning a blind eye to the disproportionate placement of people of color in prisons is unjust, yet remaining ignorant to the pathway towards execution that we push them towards is inhumanly cruel.

The inhumanity of state-sanctioned killing continues, however, to enjoy washed down portrayals in popular entertainment, such that most of us are more aware of who is sentenced to die in our favorite television show than in the state we reside in. Even worse, is the continued perpetuation of the myth that life-long imprisonment is a waste of taxpayer money, all while remaining ignorant to the fact that the death penalty costs higher—by more than a factor of 18 in California.

Capital punishment is a barbaric precipice of a criminal justice system already marred by racism and classism. The central ethos to its existence—punishment for the killing of a life—is diluted by contradiction: If a person kills another, it runs contrary to the rule of law, yet when the state does it, it is the rule of law.

Even more shameful than North Carolina’s continued practice of the death penalty, is our complacency towards it. For most of us, we view our transitory residence here by the context of the Duke bubble, wholeheartedly ignoring the blaring issues within our local and state governments that govern the community that we chose to be part of. Our status as Duke students extend beyond an Instagram bio headline. As students of Duke, we are students of Durham, students of North Carolina, and residents of state that possesses the authority to murder its citizens. As such, it is imperative that we progress the common interests of the community that has provided us a home. Or, perhaps, maybe it is true that we are nothing but a school where “the rich send their entitled children to trash the city.”

(source: This was written by The Chronicle’s Editorial Board, which is made up of student members from across the University and is independent of the editorial staff----The Duke Chronicle)








LOUISIANA:

In the Courts: Jury selection begins in trial of accused cop killer



Jury selection in the trial of the man accused in the 2015 murder of a Shreveport Police officer will begin Monday in Baton Rouge.

Grover Cannon is charged in the August 5, 2015 shooting death of SPD Officer Thomas LaValley when he responded to a suspicious person call in the 3500 block of Del Rio Street in Shreveport.

A change of venue motion was granted after defense attorneys ran a poll among Caddo registered voters just 2 days before Cannon’s trial was set to begin on Jan. 14. The poll questions linked the January fatal shooting of SPD Officer Chateri Payne to LaValley’s death.

After the motion was granted, inquiries were sent to judicial districts around the state, and the 19th Judicial District stepped up and volunteered their facilities and prospective jurors.

Although the jury will be empaneled in Baton Rouge, once jurors and alternates are selected, they will be brought back to Caddo Parish by bus where they will be sequestered in a local hotel for the duration of the trial.

According to 19th JDC Administrator Ann McCrory, 450 prospective jurors have been summoned to appear at 9:30 a.m. Monday to begin the selection process.

Cannon is being transported to Baton Rouge by the Caddo Parish Sheriff’s Office and will be present in the courtroom throughout jury selection. CPSO officials declined to give the actual number of deputies traveling to Baton Rouge citing security concerns.

They did, however, say they are providing bailiffs for the courtroom, along with deputies and members of the emergency response team (ERT) from Caddo Correctional Center.

The Caddo Parish District Attorney’s office is sending prosecutors Ed Blewer and Bill Edwards, Assistant District Attorneys, along with an administrative assistant.

Although only one clerk is required in the courtroom, Caddo Parish Clerk of Court Mike Spence said he is sending 2 from his office, to make sure there is backup if it became necessary. At least 1 court reporter will be there, as well.

Caddo District Judge Ramona Emanuel, who is presiding over the trial, also will travel to Baton Rouge for the duration of jury selection. It is unknown if she will be traveling with an assistant.

The entourage will stay in Baton Rouge hotels for the duration of jury selection, which could take up to a week or even longer because the jury must be ‘death-penalty qualified.’

Basically, that means prospective jurors not be categorically opposed to capital punishment, yet are not of the belief that the death penalty must be imposed in all instances of capital murder, and would be open to a life sentence, as well.

(source: KTAL news)








IDAHO:

Judge: Idaho must reveal source of execution drugs----Fourth District Judge Lynn Norton rules against Idaho Department of Correction

Idaho prison officials must release several documents on the death penalty, a judge ruled, including some that will reveal where the state obtained the lethal injection drugs used in its last execution, 7 years ago.

Fourth District Judge Lynn Norton found Thursday that the Idaho Department of Correction acted frivolously and withheld the information in bad faith when it mostly denied a public records request from University of Idaho professor Aliza Cover in 2017.

“We are studying the ruling and weighing our options with legal counsel,” Correction Department spokesman Jeff Ray wrote in an email to The Associated Press.

Prison officials have long said they fear they won’t be able to obtain drugs for future executions if their potential sources believe they could be exposed. Major pharmaceutical companies have refused to sell medications to states if they think they will be used for executions, forcing some states to look for more novel sources, including compounding pharmacies and drugs from other countries like India.

In her ruling, Norton said Idaho must release a receipt from the compounding pharmacy that provided the drugs used in Richard Albert Leavitt’s execution in 2012. The receipt was for drugs expected to be used in a later execution, but none has occurred since then, and the compounding pharmacy is no longer allowed to provide chemicals to Idaho because it can’t comply with current regulations.

Because the information wouldn’t likely have an effect on future executions, the document should be released, Norton said.

Still, the department can withhold part of a document that might expose future suppliers of lethal injection drugs, the judge said, including the source that supplied the drugs used in Paul Ezra Rhoades’ execution in 2011, because it may still be in the business of providing lethal injection drugs.

“The information ... falls within a narrow statutory and rule exemption that permits withholding of a potential future source for lethal injection drugs or chemicals and that the agency’s interest in confidentiality and security outweigh the public interest in knowing this lethal injection drug supply source,” she wrote.

Norton also found Ray, the department’s spokesman, acted in bad faith by trusting that other prison officials would get him the right documents to release, rather than finding and reviewing them himself.

“Ray was clearly the designated records custodian for IDOC tasked with the statutory responsibility for maintaining and releasing those records, had been trained in public disclosure, and knew the records existed,” Norton wrote. “Yet, he did nothing to fulfill his responsibilities other than trust that others would.”

Because of that, Ray must pay a $1,000 fine for failing to hand over the records, Norton said.

She also found the department acted frivolously by neglecting to provide more than 600 pages of documents and ordered it to pay court costs and attorney’s fees for Cover, the professor who sought the information.

The department doesn’t have to reveal the identities of those who serve on execution and medical teams because they could potentially be at risk, the judge said.

Cover said in a statement that Norton’s decision brings the state closer to transparency.

“When the state keeps secret basic information about the death penalty, the public cannot ensure that it is carried out humanely or constitutionally,” Cover said.

(source: Lewiston Morning Tribune)








CALIFORNIA:

Gov. Newsom’s decision to shut down ‘machinery of death’ respects Constitution



The death penalty in California is irreparably broken. Gov. Gavin Newsom’s politically courageous act of imposing a moratorium on executions deserves applause.

His predecessor, Jerry Brown, could have done this, but didn’t. Attorney General Kamala Harris could have ended the death penalty in California by choosing to not appeal a decision 5 years ago by federal district court Judge Cormac Carney, who found that capital punishment in California is so arbitrary as to be cruel and unusual punishment. But she did appeal.

Now, thanks to Gov. Newsom, California has joined an increasing number of states in halting executions. California currently has 737 prisoners on death row. That’s more than twice as many as in any other state, making ours the largest death row population in the Western Hemisphere. Sixty-one percent of these prisoners are black or Hispanic, and 222 (30 %) are age 60 or older.

As Gov. Newsom recognized, there is too great a danger that innocent people will be put to death. Since California reinstated the death penalty in 1978, 5 condemned prisoners have been exonerated. Last year, Vicente Benavides Figueroa was exonerated after spending nearly 26 years on death row. The California Supreme Court called his convictions for sexually assaulting and murdering his girlfriend’s 21-month-old daughter a product of “extensive,” “pervasive,” “impactful” and “false” forensic testimony.

Gov. Newsom cited a study by the National Academy of Sciences that estimated that one out of every 25 people on death row is innocent. He explained that this “means if we move forward executing 737 people in California, we will have executed roughly 30 people that are innocent.” Moreover, every study has shown that the death penalty is imposed in a racially discriminatory manner. Last fall, the Washington State Supreme Court found that state’s death penalty violates its state constitution for this reason.

In 2014, Judge Carney concluded that the administration of the death penalty in California is so arbitrary as to be unconstitutional. He explained: “Since 1978, when the current death penalty system was adopted by California voters, over 900 people have been sentenced to death for their crimes. Of them, only 13 have been executed. For the rest, the dysfunctional administration of California’s death penalty system has resulted, and will continue to result, in an inordinate and unpredictable period of delay preceding their actual execution.

Indeed, for most, systemic delay has made their execution so unlikely that the death sentence carefully and deliberately imposed by the jury has been quietly transformed into one no rational jury or legislature could ever impose: life in prison, with the remote possibility of death. As for the random few for whom execution does become a reality, they will have languished for so long on death row that their execution will serve no retributive or deterrent purpose and will be arbitrary.”

Judge Carney concluded that such an arbitrary punishment violates the 8th Amendment’s prohibition of cruel and unusual punishment. Judge Carney’s facts are unassailable. Countless factors — the process of direct review by the state Supreme Court, the lack of qualified attorneys to handle death penalty cases, the need for multiple levels of review — contribute to long delays and unpredictability in carrying out death sentences.

The average delay between sentencing and execution in California is 25 years. In the case before Judge Carney, the defendant was sentenced to death in 1995, and there are still appellate proceedings in his federal case.

There’s no fix for this. Proposition 66, which requires that state appeals be completed within 5 years, either will be ineffectual or risk grave injustices. Despite its mandatory language, the state Supreme Court interpreted it to be advisory-only.

The reality is that the initiative does nothing to solve the causes of the delays. Short-circuiting appeals, or proceeding without competent counsel, increases the risk of executing innocent people or imposing the death penalty when there has been a serious constitutional violation. And there simply is not a sufficient number of competent death penalty attorneys to handle these appeals.

No one disputes that Gov. Newsom has the authority to impose a moratorium on executions. He was clear that it will last as long as he is in office. He declared: “The intentional killing of another person is wrong. And as governor, I will not oversee the execution of any individual.”

Hopefully, California voters will finally abolish the death penalty during his tenure.

In 1994, Justice Harry Blackmun famously renounced capital punishment, writing that “from this day forward I shall no longer tinker with the machinery of death.” In his view, “the death penalty experiment had failed” and it was “delusion” to think that capital punishment in America could be consistent with the Constitution.

We should applaud Gov. Newsom for recognizing this.

(source: Opinion; Erwin Chemerinsky is dean and professor of law at the UC Berkeley School of Law----Sacramento Bee)

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

Newsom’s death penalty ban ignores will of the people who elected him



Gov. Gavin Newsom ignored the will of the people who put him in office when he announced a moratorium on the death penalty, granting a reprieve to 737 people currently awaiting execution.

The reprieve, which will last only as long as Newsom's in office, was issued despite candidate Newsom's assurances that he would uphold the law, and despite voters backing the ultimate penalty on 3 separate occasions.

The will of the people doesn't matter anymore, when the people in power don't like their decisions.

When the California Supreme Court overturned the death penalty in 1972 — that's why the likes of Charles Manson and Juan Corona ended up dying in prison — the state's voters reinstated the penalty in 1978. Two ballot initiatives to ban the penalty were rejected by voters in 2012 and 2016, the same year they voted to speed up executions.

The intent of voters is very clear: They want the death penalty on the books and they want it implemented.

When he was a candidate for governor, Newsom said that while he opposed the death penalty, he "recognizes that California voters have spoken on the issue and, if elected governor, he'd respect the will of the electorate by following and implementing the law."

But he apparently had a change of heart after taking office, particularly when he realized the ban on executions over the state's single-drug execution procedure was about to end, and that 25 people given the death penalty have exhausted their appeals and are ready to have their execution dates set.

"I've had to process this in a way that I frankly didn't anticipate a few months ago," Newsom said when announcing the moratorium. "It was an abstract question. (It became) a very real question. I cannot sign off on executing hundreds and hundreds of human beings."

This should have occurred to Newsom before he ever decided to run for office, assuming it's an issue he gave much thought. I also oppose the death penalty for many of the same reasons mentioned by the governor, but the people of California have spoken clearly and unambiguously on the subject, and I have to live with their decision.

So should Newsom, particularly after he swore to uphold the laws of the state of California.

"The decision of whether we have the death penalty or not is one the people have made over and over again through the initiative process," said Kent Scheidegger, legal director of the Criminal Justice Legal Foundation. "It is improper for an executive to use the reprieve power to frustrate the people's position."

Newsom's decision is just one recent example of the willingness of elected officials to ignore the will of the people. There's already talk of placing another death penalty initiative on the 2020 ballot, and several bills have been introduced in the state Legislature to institute rent control, another initiative that was rejected in 2018. It makes you wonder why we bother to have elections.

Bad precedent

A congressional committee is mucking around in the affairs of Fox News in a manner that should concern every defender of free and independent news media. But because it's Fox News, none of the usual suspects have yet to protest this threat to our First Amendment rights.

The probe stems from a New Yorker magazine report that Fox News killed a story on Donald Trump's payment of hush money to stripper Stormy Daniels before the 2016 election because 21st Century Fox Chairman Rupert Murdoch wanted Trump to win the election. (The story was first reported by other media in 2017.)

That prompted the House Oversight Committee to ask Fox to turn over any information it had about Trump's "debts and payments to silence women alleging extramarital affairs with him prior to the 2016 presidential election." The committee also wants information about any "action taken against" reporter Diana Falzone in "connection with attempts to report such stories," and has asked Falzone to turn over her notes by March 28.

Falzone worked on the story in question and was subsequently fired by Fox. She sued alleging gender and disability discrimination, and the case was settled out of court. Her attorney, Nancy Erika Smith, said Falzone is willing to ignore the nondisclosure agreement she signed and testify before the committee.

This is "about obstructing justice and a news organization that has become an arm of a campaign," Smith said. "Real journalists don't kill stories because of political preferences and certainly not two weeks before presidential elections."

I hate to break the news to Ms. Smith, but there's nothing unique about what Fox allegedly did. A lot of stories never see the light of day because they fall apart under close scrutiny, and some stories are even "spiked" because they would upset a major advertiser or a good friend of the owner. It happened to me many years ago, and my experience wasn't unique.

But regardless of why Fox killed the story, no arm of the government should be poking around the inner workings of a news organization, or second-guessing in congressional hearings the editorial judgment of decision makers. News organizations have a First Amendment right to publish — or not publish — what they please, and they can spike a story for any reason they choose. That's part of freedom of the press.

I get it. This involves Fox News and Trump, but even people who would like to see both disappear are playing with fire if they countenance this government intrusion into the affairs of a news organization. It's a dangerous precedent that can lead to more aggressive oversight in the future that can threaten the independence of media.

If you don't believe me, just look at the press in countries where editors and news directors have to worry about how the government will react to any story they publish or broadcast.

(source: Opinion; George Boardman, The Union)








USA:

Death penalty can’t rid world of evil



There are the crimes you hear about every day, and then the crimes that are difficult to ever get out of your head. Theft, fraud, drunken driving — all of it is terrible, and all of it blurs in headlines and news broadcasts into background noise. Earth is populated by the imperfect; we know that. But then there are the criminal acts that seem to test the notion that people are flawed but generally suited to our common life; offenses which, even decades after their commission, continue to inspire documentaries and explanatory essays, deep dives and revisitations, as though we are still trying, in some futile way, to understand them. The murders committed by Ted Bundy, for instance, or the innumerable crimes of the Golden State Killer, or the ever-growing list of abrupt mass killings, here and abroad.

Maybe it’s the inhumanity of their evil acts — not even strictly their brutality but their senselessness, their bizarre and pointless ends — that makes these perpetrators such a sticking point in our national debates about the death penalty. If they only look human, then the usual inhibitions we have around preserving human life feel less applicable.

Perhaps this is why New Hampshire state Rep. Jeanine Notter, a Republican, brought up the murder of Kimberly Cates during the state’s recent debates over abolition of the death penalty. Cates was hacked to death with a machete in 2009 as she lay in her bed, by a pair of killers who were, by their own admission, just looking for a thrill. “I believe that life in prison is not justice for a heinous crime like this,” Notter argued in favor of retaining capital punishment in New Hampshire. Some Californians aired similar feelings earlier this month when Gov. Gavin Newsom, a Democrat, announced a statewide moratorium on the death penalty. “When [Newsom] told me that, a little bit of me died,” Marc Klaas said of the news. Klaas’ 12-year-old daughter, Polly, was kidnapped from her bedroom and murdered in 1993. If her killer were finally executed, Klaas said, “his influence would stop … I’d never have to think about him again.”

New Hampshire’s House of Representatives voted to abolish the death penalty, with numbers high enough to override a potential veto. And, despite some protest, Newsom’s decision to suspend California’s use of capital punishment stands. As the United States inches closer to total abolition of the death penalty, what do we do about the profound emotional reservations people air when capital punishment comes up for debate?

I wonder, in part, because I am not immune to those kinds of feelings — which were intensified when my sister-in-law was murdered 3 years ago — even though I rationally understand the death penalty to be an unjust and untenable institution. I know that capital punishment means the execution of innocent people, the disproportionate and unfair destruction of black lives, the killing of mentally ill people who could not reasonably be considered culpable for their crimes and, ultimately, the snuffing out of human life, no matter what the guilty have done. For all those reasons, I believe it should be abolished.

But any believer knows that true faith is a process of permanent conversion. And so this month, I sat down with a group of people who spend much of their time elbow-deep in hard missionary work.

Conservatives Concerned About the Death Penalty is a group of right-leaning activists who advocate for the abolition of capital punishment, often in red states. Heather Beaudoin, CCADP’s senior manager, told me that she came into this cause through her involvement in the pro-life movement in Montana, where she experienced what “felt like a clear call from God” to work to end executions in the United States. An evangelical herself, Beaudoin took the call seriously. When she thinks about those emotional reservations people have about capital punishment, she considers an alternative reservoir of feelings: her own belief in redemption. “God has a plan for each of us,” she said, “even when we make terrible decisions.”

Meanwhile, Hannah Cox, CCADP’s national manager, has a conversion story of her own. “I have an innate and intense need for justice,” Cox told me. “It’s why I formerly supported the death penalty, and it’s why I changed my mind.” Cox remarked on a number of reasons why she had come to believe, over a period of research, that the death penalty is inherently unjust: There are the high estimated rates of mental illness among death row inmates, the fact that prosecutors often ignore victims’ families who oppose the death penalty, and the preponderance of abuse and victimization in the backgrounds of criminals themselves.

“The people who get [the death penalty] are not the worst of the worst,” Cox said, but rather the poorest of the poor, the sickest of the sick. I pressed her: What about the worst of the worst, the serial killers and the unrepentant monsters, those so morally degenerate it’s hard to imagine them wanting redemption, much less achieving it? “You don’t get to have a utopia where only the most monstrous person gets the death penalty,” she said. As long as it exists, it’s going to destroy the redeemable, the sick, the innocent and the monstrous — and even then, only sometimes.

It’s a reasonable impulse to want to rid the world of evil. But there’s no earthly institution capable of reliably doing that, or even coming close. Perhaps that will only be possible in the final accounting of all things. Until then, I think, it’s better to hold out hope for redemption — and not to pursue evil so far that one moves away from justice altogether. Then evil wins anyway.

(source: Opinion, Elizabeth Bruenig, Washginton Post)
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