[Deathpenalty] death penalty news----TEXAS, PENN., VA., GA., FLA.

2015-02-25 Thread Rick Halperin






Feb. 25



TEXAS:

Gov. Abbott Calls For 'Effective Death Penalty'



Today Governor Greg Abbott is speaking out for the 1st time about the Texas 
Court of Criminal Appeals' stay of execution in the case of Rodney Reed. A 
Bastrop County jury convicted Reed of the 1996 rape and strangling death of 
Stacey Stites.


Investigators say they found his DNA on the body. Prosecutors successfully 
argued the evidence tied him to the crime. But Reed's supporters claim he had a 
relationship with the victim.


Today we asked Governor Abbott about the hold on Reed's execution that we first 
reported Monday on KEYE TV News at 5:00 and the possibility of a new trial. He 
reiterated his support for what he calls an effective death penalty in Texas. 
But he says that whenever it's applied we need to be certain the person 
commited the crime. Abbott adds, I think that this is a healthy process that 
the court announced what it did so we can put beyond the shadow of any doubt 
whatsoever that he really is guilty of the crime for which he was convicted.


In the request for the stay of execution, one of the forensic experts who 
testified at Reed's trial says he now believes Reed's DNA could have been 
placed on Stites hours before she died ... perhaps even longer. New Texas 
Attorney General Ken Paxton is reviewing the appeals court's order.


(source: KEYE TV news)



Rodney Reed wins a reprieve



Supporters see the Texas high court's decision to stay the execution of Rodney 
Reed as a first step in the fight to ultimately win his freedom, reports 
Elizabeth Schulte.


A week before his scheduled execution on March 5, Texas death row prisoner 
Rodney Reed won a stay of execution from the Texas Court of Criminal Appeals.


Reed, his family and his supporters have maintained Rodney's innocence ever 
since his 1998 conviction for the murder of Stacy Stites in Bastrop, Texas. 
Reed's lawyers have long argued that if evidence uncovered in the years since 
then was properly heard in court, he would be exonerated and freed.


Law enforcement and prosecutors ignored the original suspect in the 
murder--Stites' fiancee, a local police officer with a violent history--and 
instead built a case against Reed. The all-white Texas jury easily voted to 
convict a Black man accused of killing a white woman.


The stay could provide an opportunity for a court to hear new evidence, 
including the conclusions of forensic experts that Reed didn't sexually assault 
the 19-year-old Stites, as prosecutors claimed, as well as evidence that Reed 
was nowhere near the victim at the time of her murder. Reed's lawyers also hope 
the courts will finally allow DNA testing on all the material in the case, 
which they have fought for, but have been denied before.


As Lily Hughes of the Campaign to End the Death Penalty said:

The stay of execution from the Texas Court of Criminal Appeals is excellent 
news and is just what we were hoping for at this stage. Now we are waiting for 
some indication from the court about how much of a hearing they will give the 
new claims that were raised in this appeal. We are looking for a full review of 
the explosive new medical findings, and we'd also like to see all the evidence 
tested for DNA that we have been asking for.


Whether it's through evidentiary hearings--or, even better, a new trial--we 
want a chance for all the evidence to be heard. Then we think the courts can 
have but 1 conclusion--Rodney Reed is innocent of this crime and must be freed 
from death row!


- - - - - - - - - - - - - - - -

There is nothing the Texas justice system would have liked more than for 
Rodney's case to be swept under the rug. But his family and supporters in the 
anti-death penalty movement have done their best to keep this injustice in the 
spotlight, where it belongs.


As Rodney's brother Rodrick told reporters at a press conference after the 
announcement of the stay, Without people supporting us, backing us, getting 
out there and raising their voices, screaming at the top of their lungs, we may 
never have got this attention. They may have never even looked into it like 
they're doing.


On February 21, hundreds of people rallied in Austin at the state Capitol 
building to let Texas know that they're watching. Family members, exonerated 
death row prisoners and death penalty opponents gathered to show their support.


We've been fighting tirelessly, Rodney's mother Sandra Reed told the crowd 
that day. I will not give up this fight. I will not, regardless of what the 
outcome will be...There are too many innocent men that have gone, that are 
waiting, and that will go if we don't stop this murder--this murdering machine, 
the death penalty.


Supporters see the Texas high court's decision as a step in the direction of a 
bigger demand--freedom for an innocent man.


Look into this case, Rodrick Reed told reporters after the announcement of 
the stay. This man is innocent. Do the right thing. The 

[Deathpenalty] death penalty news----UTAH, MONT., ARIZ., ORE, USA, US MIL.

2015-02-25 Thread Rick Halperin




Feb. 25



UTAH:

Capital punishment debates highlight flaws in criminal justice system



In response to another My View about capital punishment debates, Wayne Overson 
explains how the death penalty hurts the justice system more than it helps it.


As a retired professor of criminal justice from Weber State University, the 
article by Marc Hyden (Capital punishment legislation fails to consider real 
problems, Feb. 10) was of special interest to me. I would like to add to it.


I believe that keeping the death penalty on the books is based on our 
emotion. Not only is it possible to have executed the wrong person, but the 
death penalty can also be used to coerce an innocent person into pleading 
guilty in order to avoid being killed. An accused person may accept a plea 
bargain to a lesser sentence with the hope of later being proved innocent. In 
some cases, co-actors in a robbery, murder and/or other crime may lie as part 
of their plea bargain. Are eyewitnesses completely reliable? Quite often I see 
a person who strongly reminds me of someone else, even a good friend.


The death penalty does prevent future crime by the person who is executed. 
However, as Mr. Hyden pointed out, it cannot be proved that the death penalty 
prevents or deters crime that may be committed by others. In a Deseret News 
article from a couple of years ago, during the half-year prior to the execution 
of Ronnie Lee Gardner, there were 26 homicides and there were 26 more in the 6 
months afterward. In fact, 2 murders took place later in the day of his 
execution.


Mr. Hyden emphasized the waste of money for the years of court proceedings. My 
contention is that not only is it a huge waste of money, but there is a 
corresponding lack of money to prevent crime. How? There are at least three 
ways to prevent future violent and nonviolent felonies. Haven't we all heard of 
serial murder, rape, robbery, arson and so on? How many rape kits have not been 
processed? And why not? I would also propose the creation of 2 state law 
enforcement units. One unit would be assigned to investigate cold violent 
crime cases. Additionally, more funds should be spent to enlarge the unit of 
officers whose job is to search for, serve warrants on and arrest wanted 
felons.


Why not drop capital punishment completely and spend the money saved to prevent 
future crimes?


Maybe we should substitute the death penalty with a virtual death penalty, 
where the convicted is never allowed visitors other than defense attorneys and 
prison guards. And, who knows, the convicted may later be proven innocent. A 
news article from 2014 reported that in 2013, in the United States, there were 
87 prison inmates proven innocent and released.


In reality, our criminal justice system, due to human imperfections, is not 
free of errors.


(source: Wayne Overson is a retired professor of criminal justice from Weber 
State UniversityDeseret News)









MONTANA:

Death penalty repeal stymied



Representatives have voted down a bill that would end capital punishment in 
Montana.


Members of the House of Representatives voted 50-50 on Monday to fail House 
Bill 370 on 2nd reading. 3 Democrats and 47 Republicans voted against the 
measure and 12 Republicans joined 38 Democrats in voting for it.


Republican Rep. David Moore of Missoula introduced the proposal in the House 
Judiciary Committee on Feb. 13. Committee members passed the bill 11-10.


Representatives debated the repeal for more than 20 minutes. Supporters called 
for life imprisonment over death. Opponents said repealing the death penalty 
would be unfair to victims.


Similar bills have survived the Senate, but in the last 2 sessions have failed 
in the House.


2 men currently imprisoned in Montana have been sentenced to die.

(source: Associated Press)








ARIZONA:

My Jodi Arias trial prediction: 100 % guaranteed



I know exactly how the sentencing trial of the convicted murder Jodi Arias will 
turn out. And so do you.


Here's the verdict:

WE LOSE.

Taxpayers have spent millions of dollars on a death penalty case that shouldn't 
have been a death penalty case in the first place. And we've spent a big bunch 
more on a sentencing trial that should not have been a sentencing trial.


After the 1st jury convicted Arias but failed to make a decision on the death 
penalty Maricopa County Attorney Bill Montgomery should have left the 
sentencing decision up to Judge Sherry Stephens. Once the death penalty is off 
the table the judge would have sentenced Arias to life in prison, period, or to 
life with the possibility of parole after 25 years.


Instead, we are after all this time and all this expense, getting final 
arguments from the Arias defense team and prosecutors in the sentencing trial.


If this 2nd jury also can't come up with a decision it will go to the judge, 
where it should have gone in the first place.


Not that it matters anymore.

Even if prosecutor Juan Martinez gets 

[Deathpenalty] death penalty news----KY., ARK., MO., COLO.

2015-02-25 Thread Rick Halperin





Feb. 25



KENTUCKY:

Webb seeks reforms to state death penalty policies



Some members of the Kentucky Senate are pushing for changes with the state's 
death penalty policies, hoping that by addressing issues from different angles, 
at least 1 proposal will stick in this year's legislative session.


Sens. Robin Webb, D-Grayson, and Gerald Neal, D-Louisville, are working to 
tackle Kentucky's rather controversial death penalty policies with 3 pieces of 
legislation.


Webb held a press conference Tuesday at the Capitol to discuss her bill (SB190) 
seeking to enact several reforms to current policies.


She made clear her bill is not angled toward abolishing the death penalty, but 
rather to ensure it's fair and that an innocent person is not executed.


Webb cited a 2011 study by the American Bar Association, which listed 95 
specific areas of Kentucky's current policy that it felt needed adjustment. The 
ABA Kentucky Assessment Team then spent more than 2 years studying the 
administration of the death penalty in Kentucky.


Our review led us to the inescapable conclusion that our current system is 
deeply flawed and in serious need of reform. The Kentucky Assessment Report was 
released over 3 years ago and, to date, not a single recommendation was been 
implemented, said Linda Sorenson Ewald, co-chair of the Kentucky Penalty 
Assessment Team.


Ewald brought with her to the press conference a large spiral bound book full 
of these recommendations.


Webb said since she has not heard any opposition, nor additional suggestions, 
in response to the assessment's release, it is time for her bill on reforms to 
be heard.


Some of these reforms include prohibiting the execution of the severely 
mentally ill; requiring interviews of suspects to be recorded for better 
accuracy in courts; requires ongoing training and competency on death penalty 
issues for law enforcement, public defenders, prosecutors, corrections officers 
and judges; and creates a statewide database of information for ongoing capital 
cases.


(source: Daily Independent)



Calls Intensify for Execution Moratorium in Kentucky



On back-to-back days late last week, separate courts overturned convictions in 
two cases of men on Kentucky's death row.


Those reversals have amplified calls from critics of the state's death penalty 
system to at least place a moratorium on executions.


Retired law professor Linda Ewald was co-chair of an 8-person team of lawyers 
and retired judges that found a multitude of problems with Kentucky's death 
penalty system. The group's American Bar Association report was issued in 
December 2011. I'm disappointed that the governor didn't suspend executions, 
although we haven't had an execution in many years, Ewald says.


In reversing the death penalty conviction of Michael St. Clair on Thursday, the 
Kentucky Supreme Court ruled evidence was improperly admitted during his 
trial. On Friday, a federal appellate court ruled in Roger Wheeler's case that 
a potential juror was erroneously struck from the jury.


Ewald says the ABA report she coauthored uncovered 95 specific concerns about 
Kentucky's death penalty system.


Well, I think it's a bit disconcerting that Kentucky has the death penalty and 
that we've assessed this in such a way to demonstrate that there are very 
serious problems in its administration, she states. Ewald says she's 
encouraged by legislation (SB190) filed earlier this month by state Sen. Robin 
Webb, D-Grayson, which attempts to address lineups, interrogations, eyewitness 
testimony and biological evidence.


I think it's a little misleading to say nothing has been done, she says. I 
think people are working on this. These are changes that are going to require 
legislation. They're going to require changes in court rules. They may require 
public hearings.


Ewald adds while Kentucky was at the forefront in passing a post-conviction DNA 
testing law, problems remain with how biological evidence is handled after a 
trial.


Unfortunately, Kentucky doesn't have any uniform protocols for preserving and 
retaining evidence after a conviction, she says. And so, there's the risk 
that it's not being maintained properly. There's the risk that it's lost and 
won't be available.


The ABA report called the system broken and fatally flawed, but Ewald says 
it was not, in her words, an abolition document. She says the report did not 
address whether Kentucky should have a death penalty.


(source: publicnewsservice.org)








ARKANSAS:

Arkansas panel OKs eliminating death sentence as penalty



A proposal to abolish Arkansas' death penalty is heading to the state Senate.

The Senate Judiciary Committee on Wednesday approved legislation that would 
eliminate the death penalty as a sentencing option in capital murder cases.


Arkansas has 32 inmates on death row but hasn't executed anyone in nearly a 
decade due to legal challenges over the state's lethal injection 

[Deathpenalty] death penalty news----worldwide

2015-02-25 Thread Rick Halperin





Feb. 25



PAKISTAN:

Pakistan court gives 21 times death penalty to 4 al-Qaeda militants



4 al-Qaeda militants were on Wednesday handed down '21 times' death sentence by 
an anti-terrorism court in Pakistan for the 2012 killing of 10 under training 
jail wardens here.


The anti-terrorism court (ATC) in Lahore today announced the verdict after the 
prosecution counsel produced evidence against the al-Qaeda terrorists -- 
Afzaal, Abdul Hafeez, Zulfiqar and Karamat, a Punjab Province government 
statement said.


The finger prints of the militants and those found on guns matched and they 
were identified by the witnesses.


There were several charges on them and the court also handed down life 
imprisonment and a fine of Rs 10.8 million apart from the death sentence. The 
convicts were accused of attacking jail wardens hostel in Lahore's 
thickly-populated locality Rasool Park near Ichhra on July 12, 2012.


Over 2-dozen under training jail wardens had come from Khyber Pakhtunkhwa 
province to take part in the course here.


10 of them were killed and as many suffered injuries in pre-dawn deadly attack 
by the militants carrying Kalashnikov rifles and hand grenades.


The terrorists were arrested in 2013 from Lahore when they were planning 
another attack. They were booked under different sections of the penal code and 
the Anti-Terrorism Act.


(source: Daily News  Analysis)



Pakistan refuses to name drugs charge Britons on death row - Foreign Office



Pakistan has refused to give the names of 2 British citizens sentenced to death 
for drug offences. British diplomatic efforts to identify them have so far been 
in vain. The issue has put the UK's foreign aid to Pakistan under scrutiny.


The violation of diplomatic protocol means Pakistan could be in danger of 
breaching the Vienna Convention on Consular Relations, which stipulates that 
officials are obliged to tell British authorities if a British citizen has been 
arrested.


The revelations were made by Foreign Office minister Tobias Ellwood, who told 
anti-death penalty group Reprieve that authorities were unable to identify the 
detainees.


There are currently 21 British nationals facing the death penalty in Pakistan 
who are appealing their sentences. They are all receiving consular assistance.


But sources from the Foreign and Commonwealth Office (FCO) confirmed there were 
2 further Britons sentenced to death whose identities remain unknown.


Pakistan reversed its decision to ban executions following the attack on a 
school in which 130 people, mostly children, were killed. Executions resumed in 
large numbers, with roughly 8,300 people now on death row.


Ellwood said gaining information about the unidentified British citizens was a 
challenge, claiming Pakistan were refusing to comply with international 
regulations.


As you may be aware, as a co-signatory of the Vienna Convention on Consular 
Relations, the Pakistani authorities are under a duty to inform, without delay, 
the British Consulate of the arrest or detention of a British national if 
he/she request.


However, in practice this rarely happens in Pakistan, and this is an issue 
that we have raised and will continue to highlight in contacts with the 
Pakistan authorities.


The British government would expect to be informed when a citizen faces the 
death penalty, Ellwood said.


An FCO spokesman said: We are currently assisting 21 British nationals who 
potentially face the death penalty in Pakistan, none of whom have exhausted 
their appeals process. In addition, we are aware of 2 British nationals in 
detention who have been given a death sentence.


The British government currently gives Pakistan hundreds of millions of pounds 
in aid. The incident raises questions over whether aid money has given the UK 
any influence.


Last year, Pakistan was the biggest recipient of Britain's international aid, 
receiving 338 million pounds to help police counter the drugs trade.


The country is awarded aid based on the success of its counter-narcotics 
program. But with a conviction rate of 92 % and a self-confirmed thirst for 
arrests, critics believe British aid is not being used effectively and claim 
the system is corrupt.


Maya Foa, director of the death penalty team at Reprieve, said British aid for 
counter-narcotics programs is hypocritical and untenable while the death 
penalty is in force.


The British government should change its position immediately and ensure that 
its counter-narcotics aid is strictly conditional on an end to the death 
penalty for drug offences, she said.


(source: rt.com)

***

Pakistan lifting ban on death penalty a 'draconian and repressive' tactic: 
Amnesty report




Governments are failing to protect millions of civilians from violence by 
states and armed groups, Amnesty International said on Wednesday, describing 
the global response to widespread conflict from Nigeria to Syria as shameful 
and 

[Deathpenalty] death penalty news----worldwide

2015-02-25 Thread Rick Halperin






Feb. 25



QATAR:

Iran Confirms Repatriation of 6 Citizens Sentenced in Qatar



Iran today confirmed the repatriation of 6 of its citizens sentenced to death 
penalties or long imprisonment in Qatar, a decision obtained thanks to the work 
of the Iranian Foreign Ministry, said its spokesman, Marzieh Afkham.


Akfham said that the prisoners are already in Iran in virtue of the efforts of 
Tehran's Foreign Ministry, the Iranian embassy in Doha, and the result of the 
recent visit of Qatar's Minister of Justice, Masood Bin Muhammad Al-Ameri, and 
the interaction with Iranian judicial authorities.


The repatriated had been sentenced to life imprisonment, long sentences or 
death penalty for crimes related to possession of drugs.


(source: Prensa Latina)








AUSTRALIA:

We stand for mercy: Australia's top legal minds sign petition calling for 
clemency for Chan and Sukumaran




More than 140 of Australia's leading law professors, deans and academics have 
signed a petition pleading with Indonesian President Joko Widodo to use his 
constitutional powers to spare the lives of the Bali 9 pair, Andrew Chan and 
Myuran Sukumaran.


In ultimately deciding on clemency we believe the Indonesian Government should 
give the strongest consideration to the remarkable rehabilitation history of 
the 2 condemned.


Professor of Criminal Justice at the University of Sydney, Mark Findlay, said 
the response from the legal fraternity over the past 24 hours has been 
astonishing in its commitment and its concern.


We are not lecturing the Indonesians, but rather we want to commend their 
prison system which seems to have assisted in the remarkable rehabilitation of 
our 2 fellow citizens, he said.


The petition says the academics seek the Indonesian president's mercy, not as 
critics of Indonesia, or its legal system, nor of Indonesia's right to take the 
strong but ultimately humane action against drug traffickers who bring misery 
and addiction to many.


While opposing capital punishment as cruel and inhuman we also condemn the 
exploitation which the drug trade represents, the petition says.


The academics say the Republic of Indonesia has earned growing respect and 
approval among the international community for its demonstrated commitment to 
protecting human rights, and has made an important contribution to human rights 
protection globally as a member of the United Nations Human Rights Council.


President Widodo himself has been a strong advocate for human rights, with the 
advancement of human rights a central plank in his 2014 presidential election 
campaign, the academics say.


The deaths of Chan and Sukumaran would be a tragedy for them, and their 
families, while not addressing the underlying causes of the drug trade in 
Indonesia.


In contrast, sparing the lives of these 2 young men, who have demonstrated 
remorse for their crimes and have been rehabilitated during their lengthy 
imprisonment, would be a signal of strength and mercy, an affirmation of 
President Widodo's deep commitment to human rights.


Presidential clemency would serve as a turning point and opportunity for 
Indonesia to achieve its overriding national interest - combating the drug 
trade. It would do so by being a rallying call for Australia and other 
countries in the region to develop and implement an effective regime to stamp 
out the damaging drug trafficking trade once for all.


The petition includes the following statement signed by more than 140 
academics:


As lawyers, concerned academics and professionals, we join to speak out 
against the impending and tragic execution of our fellow citizens in Indonesia. 
We do not see this punishment as either an issue of national sovereignty or of 
just desserts.


The Australian police gave up these 2 men to a capital punishment jurisdiction 
as part of an operation which could have led to prosecutions and trials in 
Australia where the death penalty is not an option.


Capital punishment is said to be qualified by mercy. In ultimately deciding on 
clemency we believe the Indonesian Government should give the strongest 
consideration to the remarkable rehabilitation history of the 2 condemned. In 
opposing these executions we are not seeking to criticise the judicial process 
of another country.


However, we want to see justice tempered with humanity. Right-minded 
Australians share the abhorrence of misery and addiction associated with drug 
abuse and the shameful trafficking trade. That said, nothing in our view can 
justify the killing of 2 men in circumstances such as these. At this final hour 
we add our voices to the calls for the death sentences to be commuted and for 
Australia and Indonesia to join in other ways to fight the harmful health 
consequences of drug abuse in all its forms.


(source: Sydney Morning Herald)








NIGERIA:

Lawyers Fault Lagos Decision To Retain Death Penalty



Lawyers under the aegis of Avocats Sans Frontieres France (Lawyers Without