April 5



NORTH CAROLINA:

James Bradley escapes death penalty in third murder conviction



A New Hanover County jury could not come to a decision as to whether James Bradley should be sentenced to death or spend life in prison for the murder of Elisha Tucker.

Instead, the judge declared a mistrial, which means Bradley will receive an automatic sentence of life in prison without the possibility of parole.

“A serial killer is off the streets of southeastern North Carolina and will never walk among us again,” New Hanover County District Attorney Ben David said.

“3 strikes and you’re out” were the words of David to 3-time convicted killer.

Bradley has had 2 murder trials in 2 years along with his 1988 murder conviction of his 8-year-old stepdaughter.

“I can tell you that it’s mercifully rare to see pure evil,” David said. “With Bradley, he’s pure evil.”

Bradley killed Ivy Gibson, Shannon Rippy Van Newkirk and Elisha Tucker.

“If there’s going to be a death penalty in this state, there are times when it needs to be enforced,” he said. “This was that defendant. This was that case.”

It’s a sentence the district attorney’s office offered Bradley several times during the years and most recently during closing arguments, if he would tell them where Shannon Rippy Van Newkirk‘s body was located. He denied the offer every time.

“Right when we found Elisha Tucker and were still looking for Shannon Rippy, that if he would just take us to Shannon’s body, we would give him life without parole,” David said.

Bradley was convicted in 2017 of killing Van Newkirk, but her body has never been found. Friday will mark 5 years since she was reported missing.

While investigators were searching for Van Newkirk, they found Tucker’s body buried in trash bags and wrapped in duct tape in Hampstead in 2014. Bradley was sentenced to between 30-37 years in prison for Van Newkirk’s murder.

Bradley previously spend 2 decades in prison for killing his 8-year-old stepdaughter.

“I believe personally, that this is one of the few things that he can still control and still be cruel about,” he said.

As David emphasized throughout this trial, it’s not about Bradley, but those whose lives were brutally taken.

“There’s no joy in this,” he said. “There’s justice. There’s no question that justice has been done by this jury, and we thank them for their verdict.”

Bradley was immediately taken to Raleigh following the sentencing, where he will spend the rest of his life behind bars.

(source: WWAY news)








FLORIDA:

Freed former death row inmate Clemente Aguirre-Jarquin to ask judge for compensation today



A man who spent more than a decade on death row will appear before a judge Thursday morning to seek legal recognition as having been wrongfully incarcerated and request up to $700,000 in compensation.

The hearing comes nearly 5 months after prosecutors dropped all charges against Clemente Aguirre-Jarquin, 38, in November. He became the 28th person absolved from Florida’s death penalty after spending more than 14 years behind bars.

Aguirre-Jarquin is seeking restitution under the Victims of Wrongful Incarceration Compensation Act, a 2008 law providing $50,000 for each year somebody was wrongfully incarcerated. His claim will be heard at the Seminole County Courthouse 9 a.m. before Circuit Judge John Galluzzo.

Aguirre-Jarquin was sentenced to die for the 2004 slayings of his next door neighbors, Cheryl Williams and her mother Carol Bareis. Williams had been stabbed more than 120 times. Bareis, who used a wheelchair, was stabbed once in the back and once in the heart.

Aguirre-Jarquin, who was friends with Cheryl Williams’ daughter Samantha, initially denied knowing anything about the killings, but eventually said he had found the women’s bodies after walking into their Altamonte Springs trailer looking for beer after a night of drinking.

He said he bloodied his clothes while checking Cheryl Williams for a pulse and picked up a knife he found near her body because he did not know whether the killer was still in the trailer. He dropped the knife near the trailer and bagged his bloody clothes before throwing them on the roof of the shed next door, where he lived.

He said he initially misled police and didn’t call authorities after finding the bodies because he was an undocumented immigrant who did not want to be deported to his native Honduras, where he says gangs killed his friends and threatened his life.

Exonerated from death row, freedom is a 'beautiful dream' for Clemente Aguirre-Jarquin

Aguirre-Jarquin was the only witness in his defense during his 2006 trial. A jury convicted him and recommended his execution. Then-Circuit Judge O.H. Eaton sentenced Aguirre-Jarquin to die, but told the Orlando Sentinel last year he regretted it, describing the case as a “poster child” for flaws in capital punishment.

While he was in prison, Aguirre-Jarquin’s lawyers uncovered testimony that Samantha Williams had repeatedly confessed to killing her mother and grandmother. Tests on previously un-tested blood from the home found that none belonged to Aguirre-Jarquin, but several droplets belonged to Samantha Williams.

In 2016, the Florida Supreme Court overturned Aguirre-Jarquin’s conviction and ordered a new trial, calling him a “scapegoat” for Samantha Williams, who has never been charged in the case. The Seminole-Brevard State Attorney’s Office opted to re-try Aguirre-Jarquin, again seeking the death penalty.

Prosecutors abandoned the case at the beginning of his re-trial in November after testimony surfaced that undermined Williams’ alibi for the night of the killings. Aguirre-Jarquin’s lawyers later filed paperwork seeking to have him legally recognized as an unjustly imprisoned person under the 2008 law.

In court filings contesting Aguirre-Jarquin’s claim to innocence, prosecutors argued there is still evidence supporting his guilt.

Assistant State Attorney Stewart Stone cited Aguirre-Jarquin’s initial dishonesty about having been at the murder scene and questioned his claim that he only briefly lifted Cheryl Williams’ body; his clothes, Stone wrote, were “essentially saturated with blood.”

Stone also argued Aguirre-Jarquin filed his claim too late. The 2008 law says compensation claims need to be filed 90 days after a conviction is vacated. Stone says Aguirre-Jarquin should have filed in 2016,after the state’s high court overturned his conviction, but while Aguirre-Jarquin was still awaiting his 2nd trial.

In court filings last week, Aguirre-Jarquin’s lawyers called the state’s motion “absurd” and “Orwellian.”

Aguirre-Jarquin currently lives in a Tampa community for people who were wrongfully convicted. He plans on seeking asylum from an immigration judge to avoid deportation.

(source: Orlando Sentinel)








ALABAMA----impending execution

State responds to Alabama inmate’s request for stay of execution



The Alabama Attorney General’s Office has responded in a court filing to Christopher Price’s motion for a stay of execution, arguing the execution shouldn’t be called off because the inmate failed to elect an alternate means of execution in a timely matter.

Price, 46, is set to die by lethal injection on April 11 at Holman Correctional Facility in Atmore. He was convicted in the 1991 robbery and slaying of Bill Lynn and was sentenced to death by a jury’s vote of 10-2. A judge upheld the jury’s recommendation and sent Price to death row.

Last week, attorneys for Price filed a motion in the U.S. District Court for the Southern District of Alabama asking for a stay of execution. The motion filed Friday argues the state’s three-drug lethal injection cocktail could cause Price severe pain, and also claims the state’s refusal to allow Price to elect the newly approved nitrogen hypoxia method denies him equal protection under the Constitution.

The AG’s response, filed Tuesday, states Price was given the forms necessary to elect a change of execution method from lethal injection to nitrogen hypoxia last summer, when all other inmates on death row were given the same opportunity. The state says Price neglected to make that election.

“That counsel failed to keep abreast of relevant developments in a state in which he was actively engaged in litigation concerning a death-sentenced inmate has no bearing on the question of whether the State treated Price differently from other inmates," the filing states. "Price had timely notice, Price could have asked counsel if he wanted a legal consultation, and yet Price sat on his hands for seven months until the State moved to set his execution date.”

Early last year, Gov. Kay Ivey signed a bill giving inmates the option to choose execution by nitrogen hypoxia. According to the state, inmates waiting to be executed were allowed to opt in the nitrogen method if they wished, but had to do so within a 30-day period in June 2018. Of the 177 inmates on Alabama’s Death Row, more than 50 inmates have chosen to die by the new method.

ADOC Commissioner Jeff Dunn said the department is working with the AG’s Office to develop a protocol for executions by nitrogen hypoxia, but has no timeline on when that protocol might be finalized and ready to implement.

One of Price’s attorneys argued in a filing the ADOC allowed some inmates to choose nitrogen hypoxia in a manner that was “completely arbitrary” and “created 2 classes of death row inmates.”

The state said in its response, “There is nothing irrational about the State setting a time limit for an inmate to choose how he would prefer to be executed. Requesting an execution date is not a matter the State takes lightly, and the [ADOC] must ensure that its equipment and training are up to standard before an execution is carried out. Price offers no time limit in his pleading, and taking his view to the logical end, an inmate could change his mind as to his method of execution up until the moment he entered the death chamber. In other words, conceivably, the ADOC could prepare for a lethal injection but be blindsided by an 11th-hour nitrogen election.”

The AG’s Office called the current lawsuit a “meritless delay tactic.”

Price also was at the center of a lawsuit in 2014 seeking to block the state from setting his execution date, because of what the inmate called a “prolonged, excruciating and needless pain,” caused by the lethal injection drugs.

Lynn, a minister at Natural Springs Church of Christ, was fatally stabbed outside his home in the Bazemore community three days before Christmas. Court records state Lynn was putting together Christmas presents for his grandchildren, when the power went out. He walked outside to check the power box when he was attacked.

Lynn died en route to a local hospital. Price was arrested in Tennessee several days later, and was convicted in 1993. Lynn’s wife, Bessie Lynn, was wounded in the attack but survived her injuries.

(source: al.com)








ARKANSAS:

Arkansas seeks death penalty in 2017 triple slaying



Prosecutors in Arkansas plan to pursue the death penalty for one of two brothers accused in the killing of a Little Rock mother and her two young children in 2017.

Pulaski County Chief Deputy Prosecutor John Johnson told Circuit Judge Herb Wright on Tuesday that prosecutors would seek the lethal injection for 26-year-old Michael Collins of Colorado, the Arkansas Democrat-Gazette reported. The county last sought the death penalty in 2009.

Collins and his brother, 22-year-old William Alexander of Little Rock, have been charged with capital murder and aggravated robbery in the deaths of 24-year-old Mariah Cunningham, 5-year-old A'Layliah Fisher and 4-year-old Elijah Fisher. The family was found stabbed to death in their Little Rock home in December 2017.

The brothers will stand trial separately. Collins' trial date will be scheduled at his next hearing on May 28. The death penalty won't be sought for Alexander, prosecutors said.

Collins and Alexander were also charged in July with capital murder and aggravated robbery in the death of Billie Thornton, 64. Thornton was found dead in his Little Rock apartment in July 2017.

Arkansas hasn't performed any executions since 2017, when 4 inmates were executed in 8 days.

The last of the state's lethal injection drugs expired in January. Arkansas doesn't have any executions scheduled, and state prison officials last year said they wouldn't search for any new lethal injection drugs until a law keeping the source of drugs secret is expanded to cover manufacturers.

(source: Associated Press)








OKLAHOMA:

Prosecutors Plan To Ask For Death Penalty In Tulsa Triple Murder



Tulsa County prosecutors plan to ask for the death penalty for 1 of 2 men charged in a triple homicide last year.

The district attorney says the murders of Marquis Brown, Hosea Fletcher, and 7-year-old Maziah Brown were especially heinous. They say the proper punishment for Keenan Burkhalter, if convicted, should be execution.

Investigators say the 3 were still alive in a home when Burkhalter set the home on fire. Another man, Andrew Conard, is awaiting trial for the killings.

(source: newson6.com)



IDAHO:

Judge upholds 2 death sentences for Duncan



A federal judge has upheld 2 of 3 death penalties for a man convicted in a gruesome child kidnapping and murder case, and put a 3rd death sentence on hold for now.

Joesph Edward Duncan III was sentenced to death after an incredibly violent spate of crimes in which he stalked 2 small children, broken into their Coeur d’Alene, Idaho, home and killed 3 people there before abducting the 8- and 9-year-olds.

Duncan then took the kids deep into Montana’s Lolo National Forest, where he tortured and raped them for weeks. He eventually killed 9-year-old Dylan Groene, and later returned with the 8-year-old girl to Idaho, where he was captured.

It was at least his 2nd, and possibly his 4th, child murder: Duncan was later convicted in the 1997 abduction and murder of a California boy, and federal prosecutors said Duncan confessed to killing 2 young half-sisters in Seattle in 1996.

Duncan challenged his sentence in the Idaho case on multiple fronts, saying in part that his attorneys were ineffective, that graphic video evidence used during his sentencing hearing unfairly prejudiced the jury against him, and that the judge failed to appreciate how “irrational and deluded” Duncan was when he waived his right to appeal.

But Lodge said the court took care to ensure that Duncan was competent to waive his rights.

“Duncan competently, clearly, knowingly, intelligently, voluntarily and unequivocally elected to waive his right to appeal,” Lodge noted in the ruling. “Duncan understood and knew the pros and cons of his decision and that the decision was his to make.”

SOME OF the evidence used in the federal case included videos and photographs Duncan made that showed him torturing and abusing the children he kidnapped. Lodge said that graphic evidence — though it was particularly horrific and difficult to watch — had a “clear and overwhelming” value to the jurors as they considered whether or not Duncan should be put to death for his crimes.

“The videos capture the very crimes which Duncan has been charged and plead guilty to; unmistakably showing Duncan’s heinous, cruel, and depraved manner in committing the criminal acts against his victims and the circumstances surrounding those acts,” Lodge wrote.

Ultimately, the jury found Duncan should be put to death for 3 of the 10 federal charges of which he was convicted: kidnapping resulting in death, sexual exploitation of a child resulting in death and using a firearm during a crime of violence resulting in death.

Lodge upheld the death penalty for the kidnapping and sexual exploitation charges, but said his ruling on the death penalty for using a firearm during a crime of violence would have to wait.

Both the 9th U.S. Circuit Court of Appeals and the U.S. Supreme Court are expected to issue rulings soon in separate and unrelated cases that also involve the firearm-related charge. Those rulings could determine whether that federal crime statute is unconstitutionally vague, as Duncan says in his appeal.

Regardless of the outcome on the firearm-related charge, the imposition of the death sentences for the kidnapping and sexual exploitation related charges remain in full effect, Lodge said.

(source: Associated Press)








USA:

Here’s where 3 governor candidates stand on the death penalty



The 3 announced candidates for governor all have different positions on the future of the death penalty in Louisiana -- revealing one of the most striking policy contrasts among them in the race, to date.

Baton Rouge businessman Eddie Rispone opposes the death penalty; U.S. Rep. Ralph Abraham thinks it should be used more; and Gov. John Bel Edwards won’t divulge his personal views, instead saying he will uphold whatever’s in state law.

Abraham and Rispone are both Republicans challenging the only Democratic governor in the Deep South.

The election is Oct. 12. A Nov. 16 runoff will take place between the top 2 vote-getters if no candidate gets more than 50 % of the vote in the primary, regardless of party.

Louisiana is one of 31 states that still allow the death penalty as a form of criminal punishment in law. But the state’s last execution was in 2010, and that inmate volunteered to be executed. The issue has been tangled up in the legal system amid a fight over the state’s process for lethal injection, all while debate over the death penalty’s future has simmered. The state has agreed that it will carry out no executions at least for another year as a legal battle wages over its lethal injection protocol, so whoever wins the governor’s race this fall could be instrumental in determining the future of capital punishment in Louisiana after the new term starts in January 2020.

“I really don’t believe in the death penalty,” Rispone said. “It goes back to my faith -- really and truly. If it was proven to be a deterrent and it saved innocent lives, then I would probably have to think hard about it again.”

Rispone contrasted the death penalty with war, which he said is necessary. “We have to go to war to save innocent lives,” he said. “But I’m not convinced that (the death penalty)’s a deterrent.”

He said he came to that conclusion after discussions with prosecutors and others in law enforcement.

“The DAs say they spend so much time on the death penalty and could be out prosecuting way more people if they didn’t have to go through that,” Rispone said.

Abraham, meanwhile, has sided with Attorney General Jeff Landry in aggressively pushing for the use of the death penalty in Louisiana.

“Not only am I in favor of the death penalty, but I’m also in favor of enforcing it,” Abraham, R-Alto, told The Advocate. “If you murder someone in Louisiana, you should know that when caught you will be put to death.

“While we’re at it, I’d like to see child molesters added to the list of death penalty eligible person,” Abraham added. “There is no greater monster than someone who harms an innocent child.”

Edwards has repeatedly deferred to state law on the matter and dismissed questions about his personal views on the topic.

“I took an oath to support the Constitution and laws of the United States and the state of Louisiana,” Edwards said in a statement last fall when The Advocate asked for clarity on his position. “The fact of the matter is that we cannot execute someone in the state of Louisiana today because the only legally prescribed manner set forth in state statute is unavailable to us. That’s not through any fault of my own or the Department of Corrections.”

Landry, a Republican seeking re-election as AG this year, has helped put a spotlight on the issue in recent months, accusing Edwards of playing a role in executions being put on hold and publicly criticizing the governor’s lack of clarity on his personal position. The AG recently orchestrated a State Capitol hearing on the future of the death penalty that included testimony from families of murder victims whose killers remain on death row.

Proponents of abolishing the death penalty say it will reduce costs and could save innocent lives of those wrongly convicted. Opponents say the measure comes across as soft on crime and lessens the weight placed on the most heinous crimes committed in the state.

The debate over the death penalty often is further complicated in heavily Roman Catholic populated south Louisiana. Pope Francis, an outspoken critic of the death penalty, has issued a proclamation that the death penalty is unacceptable in any case in the eyes of the Catholic Church.

Edwards and Rispone are Catholic (as is Landry), and Abraham is Baptist. All oppose abortion, a position frequently noted in the death penalty discussion.

Attempts to abolish capital punishment have been made in recent years at the State Capitol, but the effort continues to face major resistance in both the Republican-controlled House and Senate. The debate hasn’t gotten a formal recorded vote in either chamber in the past two years that it’s been proposed.

Multiple bills have been filed ahead of the regular session that begins Monday that again call for an end to the use of capital punishment in Louisiana. Separately, legislation has been proposed that would conceal providers of lethal injection drugs, possibly freeing up the state to resume carrying out executions.

(source: houmatoday.om)

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

In the Space of One Minute, Joe Biden Defends the Death Penalty for Drug Dealers, Asset Forfeiture, and Mandatory Minimums



Right now most of the news about likely 2020 contender Joe Biden involves his history of being handsy with people at public events. Yet another, far more problematic element of his history has been popping up too: his record on criminal justice.

On Wednesday, the same day Biden put out a video statement responding to criticisms of his wandering hands, journalist Ziad Jilani tweeted a 1991 Senate floor speech made by the then-senator from Delaware.

Though the clip is only a minute long, Biden manages to brag about his role in some of the worst tough-on-crime policies around, including civil asset forfeiture, mandatory minimum sentencing, and an expanded federal death penalty.

"There is now a death penalty. If you are a major drug dealer, involved in the trafficking of drugs, and murder results in your activities, you go to death," said Biden at the beginning of his remarks, in what appears to be a reference to the 1988 Anti-Drug Abuse Act.

That law expanded the federal death penalty to apply to murders committed as part of a drug trafficking conspiracy. Biden would go on to help write the 1994 crime bill, which "authorized the death penalty for dozens of existing and new federal crimes."

Biden also sought credit for expanding civil asset forfeiture—a practice that allows the government to seize your property even if you've been convicted of no crime.

"We changed the law so that if you are arrested, and you are a drug dealer, under our forfeiture statutes, you can, the government can take everything you own," said Biden, referencing the 1984 Comprehensive Crime Control Act, which the then-senator from Delaware sponsored alongside Sen. Strom Thurmond (R–S.C.).

"Everything from your car to your house, your bank account, not merely what they confiscate in terms of the dollars from the transaction you just got caught engaging in," added Biden.

Reason has written endlessly about the abuses of civil asset forfeiture (see here, here, and here for some examples), and there is now a growing bipartisan consensus that that the practice is dire need of reform or even abolition.

As if defending the death penalty and civil asset forfeiture weren't enough, Biden manages to squeeze in a glowing reference to mandatory minimum sentencing at the tail end of his remarks.

"We have laws that don't allow judges discretion to sentence people, flat time sentencing. You get caught, you go to jail," says Biden before the clip cuts off.

Needless to say, all 3 of these policies are anathema to many Democratic primary voters today, and indeed many Republicans too, who've come around to seeing the error of the tough-on-crime approach so zealously pursed by Biden.

Attitudes have shifted so far on criminal justice issues that even Biden himself has had to engage in a little self-reflection.

"I haven't always been right. I know we haven't always gotten things right, but I've always tried," said Biden during a January speech, referring to his record on criminal justice issues.

In one sense, Biden's expression of regret is a sign of tremendous progress. The primary voters he needs to get the Democratic nomination are increasingly turned off by the policies he used to champion.

Will a few brief expressions of regret be enough for those same voters to give Biden a pass for his central role in creating an era of mass incarceration? That remains to be seen.

(source: reason.com)

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

Buttigieg calls for abolishing death penalty



Pete Buttigieg, the Democratic mayor of South Bend, Ind., and a likely 2020 presidential candidate, on Thursday called for abolishing the death penalty.

Speaking at the 2019 National Action Network Convention in New York City, Buttigieg said capital punishment "has always been a discriminatory practice."

“As we work to end mandatory minimums for nonviolent offenses, as we work to put an end to prolonged solitary confinement, which is a form of torture, here too we must be intentional about fixing disparities that have strong and deeply unfair racial consequences,” he said while discussing criminal justice reform.

“Speaking of sentencing disparities, it is time to face the simple fact that capital punishment as seen in America has always been a discriminatory practice and we would be a fairer and safer country when we join the ranks of modern nations who have abolished the death penalty," he added, according to the outlet.

Several states, including Maryland, Connecticut, Illinois and New York, have repealed capital punishment since 2007. California suspended the death penalty earlier this month.

Sen. Kamala Harris (D-Calif.), a 2020 presidential candidate, praised California's decision to do so earlier this month.

Former Colorado Gov. and 2020 hopeful John Hickenlooper (D) has also said that he would suspend capital punishment if elected.

Buttigieg, 37, announced a presidential exploratory committee in January and has since surged in popularity. He hinted early Thursday that he will formally declare his 2020 presidential candidacy later this month.

The National Action Network Convention this week will also feature 2020 candidates vying for the Democratic nomination, including Sens. Bernie Sanders (I-Vt.), Kamala Harris (D-Calif.), Elizabeth Warren (D-Mass.), Cory Booker (D-N.J.), Kirsten Gillibrand (D-N.Y.) and Amy Klobuchar (D-Minn.) who are all slated to speak at the convention.

(source: thehill.com)

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

Judge Kleeh sets revamped 2020 jury and trial schedule for fed inmates in NCWV death penalty case In Clarksburg (W.Va.), U.S. District Judge Thomas S. Kleeh has set a revamped trial schedule for two inmates facing death penalty prosecution for a 2012 slaying at U.S. Penitentiary Hazelton.

Previously, Senior U.S. District Judge Irene M. Keeley had the case involving Michael A. Owle, 30, of Cherokee, North Carolina, and Ruben Laurel, 40, of San Antonio. She had set jury selection next March 16, with time set aside between April 6-30, 2020, for the trial. The lawyers had advised the court at that time that it could take up to 10 days to seat a jury, a week or more for the trial and possibly twice that long for a separate trial, if necessary, on whether the death penalty should be imposed.

Kleeh recently granted a joint motion to issue a fourth amended scheduling order in the case that, among other deadlines, sets: A final pretrial conference Aug. 20, 2020; jury selection to begin Aug. 31, 2020, and to last about 5 days in Clarksburg; the jury trial itself to begin Sept. 21, 2020, and to last about 7 days, also in Clarksburg; and a jury trial for the penalty phase, if necessary, to begin Oct. 13 and to last about 5 days, also in Clarksburg.

Owle and Laurel were indicted last May 1 on charges of aiding and abetting 1st-degree murder and of assault with a dangerous weapon.

They’re accused in the alleged Aug. 29, 2012, stabbing death of fellow Hazelton inmate Anthony Morris Dallas, 31, as well as the stabbing of another inmate.

Dallas, who was 31 at the time of his death, was serving a total sentence of 55 years imposed in 2004 by Senior U.S. District Judge James A. Parker.

Dallas’ crimes: The 2nd-degree murder Feb. 21, 2003, of Alfred Jake on the Navajo Reservation in McKinley County, New Mexico, as well as using, carrying and possessing a firearm (a Remington .243) in connection with that crime.

Laurel has been serving a lengthy sentence (294 months) for being part of a cocaine distribution conspiracy in Tennessee involving more than 5 kilograms of cocaine. Laurel also has gotten in trouble behind bars for committing assault with serious injury, which added more time to his sentence; possessing weapons; using drugs or alcohol; and destroying property, according to court records.

He is at U.S. Penitentiary Coleman-2 in Sumterville, Florida, where he’s scheduled for release July 22, 2027.

Owle’s crimes include robbery by force or violence and using, carrying and discharging a firearm during a crime of violence, May 26, 2008, on the Eastern Band of Cherokee Indian Reservation in North Carolina. Owle also has gotten into trouble behind bars previously for assaulting a corrections officer and another inmate and is serving a lengthy sentence.

Owle is at U.S. Penitentiary Florence Admax in Florence, Colorado, where he is scheduled for release Jan. 15, 2033.

Previously, Keeley ruled a 300-person jury pool would be needed for the death penalty prosecution trial. Because it wouldn’t be feasible to accommodate that many jurors at the same time, the juror questionnaire will be used to whittle down the pool, Keeley ruled.

The questionnaire will be mailed to randomly selected individuals in Harrison, Braxton, Calhoun, Doddridge, Gilmer, Pleasants, Marion, Monongalia, Preston, Ritchie and Taylor counties.

The high-security Hazelton prison, where mobster and prison James “Whitey” Bulger was killed Oct. 30, has been the scene of several violent incidents among inmates.

No one has been charged in Bulger’s homicide.

Another Hazelton homicide case that’s pending is that of Marricco Sykes, 39, a prisoner at Federal Medical Center Butner in Butner, North Carolina.

Sykes was indicted March 1, 2016, by federal grand jurors meeting in Clarksburg, who accused him in the Nov. 6, 2015, homicide of 60-year-old fellow prisoner Zakii Tawwab Wahiid. Previously, the government was instructed by the Department of Justice not to seek the death penalty against Sykes.

The court file indicates that Senior U.S. District Judge Keeley has received at least three psychiatric reports on Sykes, on June 10, 2016, Oct. 27, 2016 and last April 3. The file also has several sealed docket entries and motions asking that records be placed under seal.

The office of U.S. Attorney Bill Powell also last November balked at moving the trial of Sykes to the Eastern District of North Carolina, at least on a preliminary basis, “due to substantial resource limitations.”

(source: wvnews.com)
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