April 3
TEXAS----impending execution
Dallas death row prisoner files appeal over trial attorney’s ‘racist ideology’
A Dallas County man scheduled to die this month for a 1989 triple killing is
now lobbing a last-minute appeal arguing that his trial lawyer relied on
"racist ideology" to purposely boot black would-be jurors from the panel.
Mark Robertson, who was convicted of slaughtering a friend and his 81-year-old
grandmother after a night of drugs and fishing, is slated to die on April 11.
But on Tuesday, his legal team filed a motion arguing that then-attorney
Michael Byck "engaged in purposeful discrimination" against potential black
jurors based on the belief that they would be less sympathetic to a white
defendant.
"In the end, Mr. Byck succeeded in his discriminatory plan - Mr. Robertson was
tried by an all-white jury," defense attorney Lydia Brandt wrote in her motion
this week. "At best, the State turned a blind eye towards Mr. Byck's
discrimination; at worst, they were a willing co-conspirator."
Before trial, Byck told prosecutors he "didn't want to have any blacks on the
jury" unless they agreed to a life sentence and later claimed that they'd both
agreed to "indulge each other" in their "prejudices."
The former Dallas attorney, who died last month according to defense counsel,
"brazenly recounted" his racially slanted juror selection strategy during a
1997 hearing as part of the appeals process.
In court that year, Byck said that in an effort to save his client he would be
"more than happy to violate anybody else's rights," according to transcripts of
the hearing.
Citing a U.S. Supreme Court decision that prohibits using race as the sole
reason to remove a juror, Robertson's current legal team denounced the former
attorney's handling of jury selection and asked for stay.
"Mr. Robertson's trial attorney testified under oath that it was his 'conscious
desire' to keep African Americans off the jury," attorney Jeremy Schepers told
the Houston Chronicle. "And, through a variety of methods he succeeded in doing
just that. By now there should be no confusion on this matter — racial
discrimination in the administration of justice is intolerable. The courts
should not hesitate to denounce this unacceptable behavior."
The appeal also raises concerns that a retired judge improperly considered -
then denied - an earlier appeal, and that the state appeals court didn't get
all of the earlier transcripts and exhibits to review.
The Dallas County District Attorney's Office did not immediately respond to a
request for comment.
The crime that started it all took place in August of 1989, when Robertson went
to his friend's house to do some crank and smoke some weed. Afterward, the
then-21-year-old and his friend, Sean Hill, went fishing in the creek out back.
They caught 7 catfish, and then Robertson pulled out a gun and shot Hill in the
head.
"After I shot him, Sean fell in the water," Robertson wrote later in a
confession. "I then ran in the house through Sean's bedroom and into the
bathroom where I splashed some water over my face. I then walked into the den
where (Edna Brau), Sean's grandmother, was watching TV and I shot her once."
There, he swiped her purse and Hill's drugs before driving off in the
grandmother's Cadillac. The next day, he watched the evening news report about
investigators finding the bodies, so he ran off to Las Vegas.
When police caught him later that month, he confessed in gruesome detail.
During his 1991 trial, the jury also heard about how he murdered a 19-year-old
7-Eleven clerk over $55 a week before the killing that landed him on death row.
He was sentenced to death for the robbery and murder of Brau, and netted 2 life
sentences for the killings of Hill and store clerk Jeffrey Saunders.
Early in the appeals process, his attorneys argued that he'd had an abusive
childhood and suffered untreated mental illness, so he didn't deserve a death
sentence. But the jury never heard about that, in part because his trial team
allegedly failed to investigate their client's history.
"Mark spiraled out of control in the weeks immediately preceding, and
culminated in, the murders of Saunders, Brau and Hill," his lawyers wrote in a
2014 appeal. "Had the jury known the real Mark Robertson, they would not have
sentenced him to death."
In 2003, his then-attorney won him a last-minute stay based on claims of false
testimony as to his future dangerousness behind bars. He later won the chance
at a new punishment, based on bad jury instructions - but the retrial still
ended in a death sentence.
A Dallas County judge last year signed off on this month's execution date.
Robertson still has a clemency application in front of the Texas Board of
Pardons and Paroles, and a pending appeal in the federal courts.
If his execution goes through as scheduled, he will be the 3rd man put to death
this year in Huntsville. 4 more dates are on the calendar, including 1 for
Houston-area killer Dexter Johnson.
(source: Houston Chronicle)
NEW HAMPSHIRE:
Death penalty repeal passes major hurdle
With little discussion, the Senate Judiciary Committee voted for a bill to
repeal New Hampshire’s death penalty Tuesday, in a 4-1 vote that sends the bill
to its likely passage on the Senate floor.
House Bill 455, which would replace the punishment for capital murder in the
Granite State from “may be punished by death” to “shall be sentenced to
imprisonment for life without the possibility for parole,” already passed the
House with overwhelming numbers last month.
That vote, 279-88, suggested the possibility of supermajority that could
overcome an expected veto by Gov. Chris Sununu.
Supporters of death penalty repeal say they also have the 16 votes in the
Senate necessary for a 2/3 veto override – 14 senators who have voted for
repeal as lawmakers in the past and 2 freshmen senators who supported repeal
during their campaigns.
But with weeks left, and likely strong opposition to repeal from police unions
and other interest groups, little is set in stone. In a hearing last month, the
widow of Manchester police officer Michael Briggs, whose 2006 murder by Michael
Addison led to New Hampshire’s only current death row case, pleaded with
lawmakers to allow the penalty to continue until his appeals are exhausted.
In remarks ahead of Tuesday’s vote, Sen. Melanie Levesque, a Brookline Democrat
in favor of repeal, called the testimony on both sides “really moving,” but
said she was struck by arguments that the endless appeal process surrounding
death row appeals can prolong the anguish for victims’ families.
Franklin Republican Sen. Harold French added that after hearing the testimony,
his feelings against the death penalty “are stronger than they were last time.
“Although there are probably a handful of good reasons to keep the death
penalty in place in this state, I think it’s overwhelmingly the truth there are
more reasons … to get rid of the death penalty.”
Sen. Sharon Carson, the Londonderry Republican who voted in opposition,
declined to give remarks.
(source: Concord Monitor)
NORTH CAROLINA:
Double murder suspect to face the death penalty
A Catawba man accused of murdering his wife and son will face the death
penalty, according to a press release from 36th District Attorney Scott
Reilly’s Office.
Warren Lee Raymond Sr., 61, is charged with 2 counts of unspecified murder and
had his Rule 24 hearing, which determines whether or not he faces the death
penalty, in Catawba County Superior Court on Monday.
Court documents say on Sept. 13, 2018, Raymond Sr. went to a neighbor’s house
complaining of chest pains. After dialing 911, the neighbor followed Raymond
Sr. to his home and saw him embracing his wife, Barbara Raymond, who appeared
to be dead.
EMS and police arrived to find Barbara Raymond dead in the living room and
Warren Lee Raymond Jr., the couple’s son, dead in the garage.
According to an autopsy report, 55-year-old Barbara Raymond’s cause of death
was homicide due to multiple sharp force injuries, including stab wounds to her
chest and stomach. Injuries to her hands and right wrist indicate defensive
type wounds.
Raymond Jr., 30, died due to multiple blunt and sharp force injuries to his
head and neck, according to his autopsy report. His death was also ruled a
homicide.
After being treated at Catawba Valley Medical Center, Raymond Sr. was taken
into custody.
Raymond Sr. was covered in blood when he left for the hospital, according to
court documents. Soon after his first appearance in Catawba County District
Court, Raymond Sr. was transported to Central Prison Hospital in Raleigh.
A court order describes Raymond Sr.’s medical conditions as congestive heart
failure, COPD, and arthritis, among other health issues. The court order notes
his need for a wheelchair and handicapped shower facilities. Raymond Sr. was in
a wheelchair during his 1st appearance.
After nearly 7 months at Central Prison Hospital, Raymond Sr. is back in the
Catawba County Detention Center, according to the facility’s Who’s in Jail?
website. He has not been issued a bond.
Investigators believe an altercation between Raymond Jr. and Raymond Sr.
occurred leading up to the murders, according to the autopsy reports.
In a statement to investigators following his arrest, Raymond Sr. said he had
an addiction to gambling and his wife had taken away his access to their bank
account, according to court documents.
He also said he has multiple personalities and was being treated for depression
and anxiety. Raymond said one of the personalities named “Evil” might know what
happened to his wife and son, court documents say. He also denied being home at
the time of the murders.
Raymond Sr.’s next court date is scheduled for July 8. He remains innocent
until proven guilty in a court to law.
(source: statesville.com)
GEORGIA:
Georgia legislators pushing to repeal death penalty
A bipartisan group of Georgia legislators have introduced a bill in the state
House of Representatives to repeal the death penalty.
House Bill 702 was introduced on Thursday, March 29 Republican Rep. Brett
Harrell, of Snellville. Backers of the bill include Democrats Scott Holcomb,
William Boddie, Robert Trammel, and Republicans Scott Turner and Bill
Werkheiser.
"First, evidence has shown that it's really not a deterrent to violent crime,"
Harrell said, adding that "death cases typically cost three times what it would
cost to sentence someone to life without parole."
Harrell said financially, Georgia could save hundreds of thousands of dollars
by cutting capital punishment completely.
He also said he's seen law officials straying away first-hand.
"Prosecutors are moving away from it, and judges are moving away from it, for
many reasons. And so it's not being used as often as it once was."
The bill would repeal the death penalty for future cases and commute death row
inmates' sentences to life in prison without the possibility of parole.
According to the Death Penalty Information Center, Georgia is among 30 states
that still sentence offenders to death.
The Georgia Department of Corrections said there are three offenses currently
punishable by the death penalty in the state. They include murder, rape, and
kidnapping. As of January 1, 2019 there were 51 number of Georgia inmates on
death row, including 4 who were convicted in counties in Middle Georgia.
2 state inmates died of natural causes and 2 were executed in 2018, the DOC
said.
Representative Harrell told WGXA News that the bill isn't going to pass in 2019
but lawmakers will talk about it during hearings this summer. He said he thinks
the bill will get support because Georgians increasingly back repealing the
death penalty.
Harrell plans to begin rallying Georgians behind the during the summer, but did
acknowledge that he might have a more difficult time changing some people's
minds.
Macon resident Steven Collins said he sees both sides of the argument.
"I can understand both issues saying that if you keep somebody locked up for
the rest of their life, then you're paying money out through the system to do
that," Collins said.
Collins added that there's one thing he worries about.
"If we decide to keep the death penalty, then we're sort of saying there's no
hope for rehabilitation. And if there's no hope of rehabilitation, then what
hope is there for any of us?" he asked.
(source: WGXA TV news)
OHIO----death row inmate dies
Springfield man on death row dies in prison
A Springfield man who was on death row in connection to the murder of a
counselor for troubled youth died in prison.
Jason Dean, 44, who took part in a 4-day shooting spree that culminated in the
death of Titus Arnold, 23, in April of 2005 died March 23, according to the
Ohio Department of Corrections and Rehabilitation.
“Jason Dean died at the Franklin Medical Center on March 23, at 6:00 am due to
apparent natural causes,” the department said in a statement. “The cause of
death is tentative, pending receipt of the death certificate.”
The crime spree in 2005 included three shootings in 4 days in Springfield.
During the last shooting, Arnold was killed by Dean’s accomplice, 16-year-old
Josh Wade, after the two chased him through a parking lot as he was leaving his
job at a home for at-risk youth.
Wade was tried as an adult but wasn’t eligible for the death penalty as a
minor. He was convicted of aggravated murder and other charges and is currently
incarcerated at the Warren Correctional Institution.
Dean had 2 trials. His 1st conviction in 2006 for aggravated murder, attempted
murder and several other crimes was overturned on appeal by the Ohio Supreme
Court, which ruled he didn’t have a fair and impartial judge. Dean was tried
again and found guilty of the same charges and sentenced to death.
Dean’s death came after he had filed numerous appeals including to the Ohio
Supreme Court alleging that errors had occurred during his 2nd trial.
The state court rejected all 15 of his arguments. That court also reviewed
whether Dean’s sentence was appropriate, given that he didn’t fire the shot
that killed Arnold.
In 2016, the Supreme Court rejected an appeal filed by Dean and let stand the
Ohio Supreme Court ruling.
Dean didn’t have an execution date set against him and wasn’t likely too
anytime soon as Ohio Governor Mike DeWine has stayed all executions as the
state tries to develop a new protocol for killing inmates.
(source: Springfield News Sun)
KENTUCKY:
Commonwealth's Attorney seeks death penalty against McMahan
The death penalty may be on the table for a Tennessee man accused of killing a
local grandmother last fall.
Bradley Allan McMahan, 35, of Louisville, Tenn., is charged with Murder and
1st-degree Burglary in connection to the death of 59-year-old Johnnie Faye
Davis, whose body was discovered inside her Eubank home the morning of November
1.
In a pretrial conference on Thursday, Commonwealth's Attorney Eddy Montgomery
advised Pulaski Circuit Judge David Tapp that he would soon be filing a capital
notice in the case. Though McMahan was officially represented by public
defender Kerri Hicks, DPA (Department of Public Advocacy) Capital Trials
Manager Teresa Whitaker was also on hand to advise that her office had received
the case and she would be soon be assigning an attorney with her office to
represent McMahan.
Court records indicate that Montgomery filed notice Monday that his office
would be seeking the death penalty against McMahan amid aggravating
circumstances. In Kentucky, death penalty consideration is generally reserved
for murder cases in which the homicide occurs during the commission of another
violent crime or where the accused has a prior murder conviction.
According to preliminary hearing testimony last fall from Detective John
Hutchinson of the Pulaski County Sheriff's Office, authorities responded to the
scene on Goodhope Church Road around 6:43 a.m. on November 1. Once inside the
home, the officers found Davis lying unresponsive in the foyer -- with blood
covering her face from what turned out to be a broken nose and the electric
cord from a nearby oscillating fan wrapped around her neck.
Davis lived with her two grandchildren, who had been getting ready for school
when the assault began. Det. Hutchinson said Davis' 11-year-old grandson
recognized the assailant as his mother's ex-boyfriend. The boy reportedly ran
to the bedroom of his 15-year-old sister, where together they barricaded the
door and left the home through the bedroom window to seek help at a neighbor's
house.
McMahan was located later that afternoon by Somerset Police Department at the
Dollar General on East Mt. Vernon Street. Once in custody, the suspect
allegedly admitted that he strangled Davis but claimed that "she came at him
with a knife and it was self defense."
Preliminary autopsy results were consistent with Davis dying from
strangulation. Det. Hutchinson also testified that blood evidence taken from
the home and McMahan's truck, as well his clothing, have been sent to the
Kentucky State Police lab for testing.
On Thursday, the prosecution noted that those results could take three to four
months to come in. Judge Tapp said he would issue an order to expedite the
results, then asked Montgomery to meet with whomever McMahan's new attorney
will be to determine the case's status before the next pretrial conference.
That hearing has been scheduled for May 17.
McMahan remains lodged at the Pulaski County Detention Center in lieu of a $1
million cash bond.
(source: The Sentinel Echo)
******************
Tenn. Man Facing Death Penalty In Pulaski County Murder Case
A Tennessee man accused in the murder of a Pulaski County woman could face the
death penalty, according to the Commonwealth-Journal.
59-year-old Johnnie Davis was found dead in her home on Good Hope Church Road
in Eubank back in November.
Investigators say Davis’ daughter had recently got an emergency protection
order against an ex-boyfriend named Brad McMahan.
He’s charged with Davis’ murder and 1st-degree burglary.
It’s reported that last week, the Commonwealth’s Attorney told the judge that
he would be filing a capital notice in the case.
McMahan is scheduled to be back in court on May 17.
He remains in the Pulaski County Detention Center with a $1 million cash bond.
(source: lex18.com)
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