[Deathpenalty] death penalty news----TEXAS, FLA., KAN., USA, S.C.
Dec. 6 TEXASnew execution date March execution date set for killer of couple with Marfa ties A family with ties to Marfa hopes to soon find peace and closure when the man who brutally murdered their parents is executed early next year. Merced and Manuel Aguirre were both born in Marfa where they attended school. On July 16, 1950 the young couple married at St. Mary's Catholic Church. Shortly after their marriage, the two settled in Odessa to begin their lives together and start a family. The next 4 decades of their lives were similar to any West Texas family's life. Manuel worked hard as a mechanic for Texas Electric for the better part of his life, and Merced worked for the City of Odessa. The 2 were active in their church, St. Anthony's. They were involved with the band boosters and PTA in the schools their 4 sons - Ricardo, Fernando, Ismael, and Manuel - attended. Life was good for the Aguirre family. That blissful life was shattered on April 21, 1994, when Michael Dean Spider Gonzales, the Aguirre's 20-year-old neighbor, violently attacked and killed Merced, 65, and Manuel, 73 in their home, stabbing them multiple times. Gonzales was convicted of the double murder in December 1995, and an Ector County jury, deliberating for less than 1 hour, sentenced him to death. Gonzales' death sentence, along with 5 other convicted killers' sentences, was overturned in 2000 after the state's prison system's chief psychologist, Walter Quijano, gave racially biased testimony in an unrelated trial, triggering years of appeals and further resentencing hearings. The 5th Circuit Court of Appeals upheld Gonzales' conviction in 2006, setting aside his death sentence and ordering that the punishment phase of his conviction be retried. A 2nd jury sentenced Gonzales to death again, in the summer of 2009, and this week, Ector County District Judge Bill McCoy set Gonzales??? execution date: March 21, 2013, 105 days from today, by lethal injection. After court proceedings ended this week, Gonzales said aloud to the court and the Aguirre family, Y'all have a nice day, 'cause I will. Gonzales regularly taunted the court and Aguirre family members throughout court hearings the past 18 years, showing little to no remorse for the crimes he committed. After the latest outburst from Gonzales, Merced Aguirre's brother told the Odessa American, I wish him well in hell. When Gonzales was handed his death sentence in 2009, Riki Aguirre, the granddaughter of Merced and Manuel Aguirre, told him in court, You are the last face my grandparents saw when they took their last breath, but I promise you this, when you take your last breath, my face will be one of the faces you see. Speaking from his San Antonio home this week, Ricardo Aguirre, Merced and Manuel's son, said, As a family, we're all relieved it's coming to an end. Weary from the length of this ordeal, Ricardo said calmly, It was a horrible tragedy that did not have to happen. Hopefully after his execution we can heal and move forward. Mary Jane Mendoza, a Marfa resident and first cousin to Merced said this week that she and Ricardo keep in touch and share a monthly phone call to talk about family. I spoke to (Ricardo) and he's relieved. He gets closure, Mendoza said. While she, too, is relieved that the case is at long last coming to an end, she struggles with mixed emotions. I'm Catholic and I don't believe in the death penalty. I think God should take care of him in his own way. I would have preferred life in prison, Mendoza said of Gonzales. I still remember the phone call, that they had been found dead, Ricardo said, remembering the worst tragedy to befall his family. It is a horrible feeling and there's no real explanation for it. It is hard to hear and go through. Ricardo said he tries to make an effort to visit Marfa once a year to see family and friends, but hasn't lately. He's planning a trip in early 2013 to learn more family history. Ricardo says that he and his siblings, along with a few other close family members will attend Gonzales' execution in Huntsville. At Gonzales' resentencing in 2009, Ricardo said he spoke briefly in court. I gave a short history on my folks, where they were born, the work they did, the things they liked doing. He wants people to remember his parents for who they were and the peaceful life they lived. I did not want my parents to be forgotten. (source: Big Bend Now) ** Henderson granted new trial in baby's 1994 death Cathy Lynn Henderson, once just two days from execution for the 1994 death of an infant she was baby-sitting in her Pflugerville-area home, was granted a new trial Wednesday by a sharply divided Court of Criminal Appeals. The 5-3 ruling tossed out Henderson's capital murder conviction and death sentence, returning the case to Travis County, where prosecutors will determine what charge she will face - and
[Deathpenalty] death penalty news----OHIO, CALIF., N.H., MD., ARIZ.
Dec. 6 OHIO: Death penalty trial next week for Xenia man A Xenia man will go on trial in Kentucky starting Monday in an attempt to avoid the death penalty for his role in a 2005 double homicide. A Rowan County, Ky., jury on Tuesday night found Ronald Christopher Fairchild, 44, guilty on 2 counts of complicity to commit murder, aggravated robbery and aggravated burglary in the deaths of Donald Walker and Marlane Mauk in May 2005. Walker and Mauk were found in Walker's home in Fleming County, Ky., on May 6, 2005, after not being seen in several days. Both were shot more than once and their bodies locked in Walker's trailer from the outside. Earlier this year, 2 co-defendants each pleaded guilty to 2 counts of complicity to commit murder in the case. Those co-defendants, Jason Jackson of Xenia and Rodney Dodson of West Carrollton, are to be sentenced Dec. 14. The Greene County Sheriff's Office helped Kentucky State Police in the investigation that led to the arrests of all 3 men in May 2011, sheriff's Capt. Eric Spicer said Wednesday. Fairchild agreed to a polygraph exam, administered by the sheriff's office, and made incriminating statements indicating his involvement in the slayings, Spicer said. On May 10, 2011, Chris (Fairchild) made a life-altering decision of submitting to a polygraph test, the Ledger Independent reported defense attorney Paul Cox as saying in closing statements to a jury on Tuesday. Cox tried to explain what he called faults with the interview process done by the Greene County detectives, insisting to the jury that Fairchild was pressured into taking the test and into making false statements incriminating himself in order to tell the polygraph administrator what he wanted to hear. According to trial testimony, by the end of the test, Fairchild had admitted being in the Walker trailer in the eastern Kentucky county of Fleming when Walker and Mauk were killed, describing where everyone was in the room and pointing an accusatory finger at Jackson as the shooter. During the trial, DNA evidence on the trailer lock put Jackson at the crime scene; other evidence linked the weapon to Jackson, including the bullet magazine from his gun, which was found in a Fleming County pond in 2010. Testimony from Jackson and Fairchild put Dodson on the couch next to Mauk when the shooting started and the gun in the hand of Jackson or Fairchild, Under the guise of engaging Walker in a drug transaction, Jackson and Dodson entered the home and left Fairchild in the car, facts that did not appear to be disputed, based on video and testimony. Testimony also revealed that Mauk was seated on a couch and Walker took a seat in a chair, with Dodson sitting next to Mauk on the couch. A few minutes later, Fairchild testified that he entered the trailer and went to warm his hands on the wood stove. Walker was shot at first, with a bullet grazing his face - before he was shot a 2nd time. Mauk was shot where she sat and more shots were fired into Walker, according to testimony. Cox, the attorney, contended Jackson did the shooting, to the surprise of Fairchild. Jackson locked the trailer, left with the others, and went to his home, ordering his wife to drive Dodson and Fairchild back to Ohio and stay there until he moved their things to Ohio. The bodies were found days later. (source: WHIO TV News) *** 450 pounds and on death row: Inmate too fat to kill? Weighing 450 pounds and on death row, Ohio inmate Ronald Post claims he is too fat to kill. In Ohio, the death penalty is lethal injection. However, Post believes that executioners will have a difficult time finding the veins inside his morbidly obese body, and that could lead to complications that translate into cruel and unusual punishment. According to a report by The Huffington Post dated Dec. 5, 2012, attorneys for the man who is 450 pounds and on death row presented the following argument: Given his unique physical and medical condition there is a substantial risk that any attempt to execute him will result in serious physical and psychological pain to him, as well as an execution involving a torturous and lingering death. His attorneys also note that Post's request for gastric bypass surgery was declined, and his weight makes walking dangerous because he might fall and hurt himself. His depression has contributed to overeating and his back and knee problems make exercising impractical at best. There are essentially 3 ways that Ronald Post could be executed. The 1st is lethal injection the traditional way, lying on a gurney in the death chamber with a cocktail of drugs pumped into his veins. However, this method will not be viable if his veins are inaccessible. The 2nd way that Post could be executed is by having the drugs injected directly into the muscle tissue buried beneath hundreds of pounds of fat. This method could potentially take
[Deathpenalty] death penalty news----N.C., MD., KY., OHIO
Dec. 6 NORTH CAROLINA: Defendant facing the death penalty rejects plea offer Defendant facing the death penalty rejects plea offer Michael Hewlett/Winston-Salem Journal Winston-Salem Journal A Winston-Salem man facing the death penalty on charges from a fatal shooting 3 years ago rejected a plea deal this morning that would have gotten him life in prison without the possibility of parole. Jose Merlin Henriquez Portillo, also known as Jose Massimo Caranaza, 28, is charged with 1st-degree murder and attempted armed robbery in the death of Cirilo Laredo Avila on Dec. 16, 2009, at an apartment complex off Cole Road in Winston-Salem. Forsyth County District Attorney Jim O???Neill and Assistant District Attorney Patrick Weede had offered a plea arrangement in which Portillo would plead guilty to first-degree murder and be sentenced to life in prison without the possibility of parole. Mark Rabil, one of Portillo's attorney, said in court today that Portillo would reject that offer. Weede said a trial is tentatively set to begin the week of July 15. Last week, Judge Edgar Gregory of Forsyth Superior court ruled that Portillo is mentally competent to stand trial. The ruling came after a hearing that lasted 3 1/2 days. (source: Winston-Salem Journal) MARYLAND: Time to repeal Maryland death penalty I would like to thank The Sun for encouraging Gov. Martin O'Malley to address the issue of abolishing Maryland's death penalty (Next up: death penalty, Dec. 2 ). While Governor O'Malley might have high political aspirations when he leaves office in 2 years, he has important unfinished business in Maryland before he goes on to the national stage. Maryland's death penalty is costly, racially biased and ineffective at deterring crime. The only way to fix the death penalty is to abolish it. Changes made to the state's death penalty law in 2009 place additional burdens on victims' families by extending the lengths of trials and delaying execution dates. If the proposed repeal bill passes this year, money saved from the death penalty will go toward services to help family members of homicide victims. It has been more than 30 years since our state legislature has taken a vote on the death penalty. An issue of this importance deserves a vote on the floor. Mr. O'Malley needs to urge the Maryland General Assembly to address the proposed death penalty repeal bill this year. He can show his leadership by renewing the support he had for repeal in 2009 and replacing our state's broken death penalty with legislation that will improve Maryland's criminal justice system. Eric Voboril, Baltimore (source: Letter to the Editor, Baltimore Sun) KENTUCKY: Prosecutor seeks death penalty in Allen County murder case The death penalty will be sought against an Allen County man accused of killing a pregnant woman. Allen County Commonwealth's Attorney Clint Willis on Friday filed a notice of intent to seek the death penalty against Charles Copass, 34, of Scottsville, according to Allen Circuit Clerk Todd Calvert. Copass is charged with murder, fetal homicide, 1st-degree robbery, tampering with physical evidence and theft by unlawful taking in connection with the death of Chelsey Mahaney, 22, of Scottsville. Mahaney's body was found June 11 with several stab wounds in Copass' home at 441 Barren River Dam Road. Copass is scheduled to appear in Allen Circuit Court on Friday for a hearing on a number of motions filed in the case. (source: Bowling Green Daily News) OHIO: Ohio high court upholds man's death sentence The Ohio Supreme Court has upheld the aggravated murder conviction and death sentence of a man found guilty of raping and strangling a woman in a northeast Ohio cemetery. The court ruled 6-1 Thursday in Phillip Jones' appeal. The Akron man was convicted of murdering and raping Susan Yates who was found dead April 23, 2007, in Summit County. Jones testified he accidentally killed Yates in the midst of rough consensual sex. He appealed to have his conviction overturned or the sentence reduced to life in prison. The court rejected claims including that Jones' fair trial rights were violated when he was asked to demonstrate on a life-sized doll how he accidentally killed the woman. The court noted Jones didn't object. Jones' attorneys didn't immediately return a call for comment. (source: Associated Press) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/ ~~~ A free service of WashLaw http://washlaw.edu (785)670.1088 ~~~
[Deathpenalty] death penalty news----worldwide
Dec. 6 UNITED ARAB EMIRATESexecution Murderer executed by firing squad in Abu Dhabi; Rohana attacked his victim after being caught inside housemaid's room A man was executed on Thursday morning by firing squad in Abu Dhabi after being convicted of murdering an Emirati Engineer in Al Ain in 2002. Sources confirmed that 36-year-old Alex Rohana, a Sri Lankan, was executed at 7am in the presence of a judge, general public prosecutor, Imam, doctor and police officials. Rohana stabbed to death Mohammad Obaid Al Muhairi, a 39-year-old father of 8 children. Al Muhairi was the deputy head of the engineering section at Al Ain Municipality and Town Planning Department. Rohana was sentenced to death by an Abu Dhabi court after being convicted on charges of murder, breaking into a house and having an illicit affair with a woman. Blood parents of the victim refused to waive their rights or pardon the killer. A day before his execution, Rohana told Gulf News over the phone from a cell in solitary confinement that he regretted what he did and that he accepted his destiny. Rohana also said that police officials and the prison warden had been very kind and supportive. Rohana, a father of 1 daughter who worked for a company in Fujairah, was having an affair with a Sri Lankan housemaid during the time of the attack. On the night of the murder Rohana went to meet the woman at her sponsor's house in Al Ain to spend the night with her in her room. While the couple were together, the Al Muhairi woke up for morning prayers and when he heard strange noises coming from the housemaid's room he went to check. The housemaid reportedly denied that someone else was in her room. Rohana tried to run away but was caught by Al Muhairi, they fought and Rohana attacked Al Muhairi, stabbing him to death in his chest with a knife. Rohana converted to Islam in 2008. He asked his friend on Wednesday not to inform his mother or daughter that he had been executed. I'm asking for forgiveness from all that others have endured because of me, Rohana said. The executed man's belongings were given to his friend. Police released the body of Rohana to his relative and friend for burial. (source: Gulf News) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/ ~~~ A free service of WashLaw http://washlaw.edu (785)670.1088 ~~~
