[Deathpenalty] death penalty news----worldwide

2015-03-26 Thread Rick Halperin





March 26



INDIA:

121 death petitions disposed off by President since 1981: RTI



A total of 121 death petitions involving more than 163 persons were disposed 
off by the President of India in the last 34 years.


In response to an RTI query, Ministry of Home Affairs (Judicial Division) said 
that since 1981, there were 124 cases, whereupon 90 cases were rejected and 31 
were extended relief as their death sentences were condoned as commuted to life 
imprisonment, J P Agrawal, Joint Secretary, Judicial  CPIO said.


3 death petitions are still under examinations, 1 is of Balwant Singh Rajoana 
from Chandigarh and Tote Dewan from Assam; both filed in 2012 and that of 
Antony from Kerala whose petition was filed in 2013, he said.


Among the convicts waiting for the gallows, is Davinder Singh Bhullar of the 
Khalistan Liberation Force convicted for killing nine people and injuring 31 in 
a bomb blast in 1993.


His mercy petition was filed in January 2003 and rejected on 25.5.2011 and is 
yet to be hanged.


The petition of Balwant Singh Rajoana, convicted for the assassination of 
former Punjab Chief Minister Beant Singh on August 31, 1995, is still under 
examination, the RTI reply said.


However, no information was provided with regard to number of prisoners who 
were awarded death penalty but set free after mercy from the President of 
India, Aggarwal said.


Whether the prisoners who were pardoned of death penalty; were set free or 
still behind the bars was also not provided by the Division.


Information regarding the number of death row prisoners confirmed by the 
Supreme Court of India, who have never sought mercy from the President was also 
left out from the RTI reply, with the authority stating that the concerned 
states may provide the details of the same.


(soruce: Deccan Herald)








MALAYSIA:

Aussie mum frustrated as Malaysia drug case delayed again



The case of an Australian woman facing a possible death sentence for drug 
trafficking in Malaysia was postponed again Thursday, with a lawyer describing 
the defendant as frustrated with the repeated delays.


Maria Elvira Pinto Exposto, a 52-year-old mother of 4, was arrested on December 
7 after arriving at Kuala Lumpur International Airport en route from Shanghai 
to Melbourne, with a bag containing what authorities said was crystal 
methamphetamine, or ice.


A chemist report on the substance was to be submitted to the court Thursday. If 
it confirms the substance was ice the case would then be elevated to a higher 
court, launching the death-penalty case.


But the court outside Kuala Lumpur was told that the chemical analysis, which 
has been repeatedly delayed, was still incomplete and that a new date for its 
submission was set for April 30, said defence lawyer Tania Scivetti.


She is down and she wants the case to move fast so that she can go home, 
Scivetti said of his client, who declined to comment when leaving the court.


The defence team says Pinto Exposto travelled to Shanghai after falling for an 
online romance scam, and was then duped into carrying a bag - which she 
believed contained only clothing - by a stranger who asked her to take it to 
Melbourne.


Customs officers discovered 1.5kg of suspected ice hidden in the bag.

The defence is yet to enter a plea until the case reaches a higher court.

Drug-trafficking carries a mandatory sentence of death by hanging upon 
conviction in Malaysia.


2 Australians were hanged in 1986 for heroin trafficking - the 1st Westerners 
executed in Malaysia - in a case that strained bilateral relations. But few 
death-row prisoners have been executed in the country in recent years.


After an 18-month legal battle, Dominic Bird, an Australian truck driver from 
Perth, was acquitted of drug trafficking in 2013. He had been arrested for 
alleged possession of 167 grams of crystal meth.


(source: The Malaysian Insider)








BANGLADESH:

War Crime Trials  Govt appeals to SC seeking death for Abdul Jabbar; Probe 
report submitted to prosecution against eight Jamalpur 'Al-Badr men'




The government yesterday filed an appeal with the Supreme Court, seeking death 
penalty for Abdul Jabbar for committing crimes against humanity during the 1971 
Liberation War.


The International Crimes Tribunal-1 on February 24 sentenced the fugitive 
Jatiya Party leader to imprisonment until his death considering his old age.


Assistant Attorney General Bashir Ahmed told The Daily Star that 10 reasons 
have been cited in the appeal for which the Appellate Division of the SC may 
consider for sentencing Jabbar to death.


Meanwhile, the investigation agency yesterday handed over to the prosecution of 
the International Crimes Tribunal a probe report on eight Jamalpur Al-Badr 
men who were allegedly involved in crimes against humanity.


Matiur Rahman, the investigation officer of the case, gave the probe report, 
statements of witnesses and other documents to the Chief Prosecutor Ghulam 

[Deathpenalty] death penalty news----OHIO, CALIF., WASH., USA, US MIL.

2015-03-26 Thread Rick Halperin





March 26



OKLAHOMA:

Michael Portillo inspires Oklahoma to consider execution by nitrogenAs US 
states look for alternatives to lethal injection Oklahoma is on the verge of 
becoming the 1st to allow for asphyxiating death row inmates




Oklahoma is moving forward with plans to become the first US state to allow 
executions using nitrogen gas after being inspired by a BBC documentary in 
which Michael Portillo suggested it was the most painless way to implement 
capital punishment.


States where the death penalty is imposed are scrambling for alternative 
methods as pharmacies that provide drugs for lethal injection increasingly 
refuse to do so on ethical grounds.


Later this week Oklahoma's Senate will vote on allowing death by nitrogen 
hypoxia. The proposal has already been approved by a large majority in its 
lower house and it would become the state's first back-up option if lethal 
injection drugs run out.


Mike Christian, the Republican state politician behind the plan, has said his 
opinion on using nitrogen was solidified after he saw a 2008 BBC Horizon 
documentary called How to Kill a Human Being in which Michael Portillo, the 
former British Cabinet minister, searched for the most humane execution option.


In the film Mr Portillo, who as an MP voted both for and against the death 
penalty, said: After some investigation I think I've come up with a perfect 
killing device, an entirely humane way of killing a prisoner who is under 
sentence of death. It's nitrogen, which renders him at first euphoric, and then 
makes him unconscious pretty quickly and he dies entirely without pain.


Mr Christian said recently: I believe it's revolutionary. It's probably the 
best thing we've come up with since the start of executing people by 
government. You can pick up nitrogen anywhere they use it. Industrially, you 
can pick it up at a welding supply company.


Condemned prisoners would be asphyxiated by putting a mask on them which would 
be used to replace oxygen with inert nitrogen. Supporters say the person would 
experience brief euphoria, lose consciousness after about 10 seconds, and their 
heart would stop beating within 2 minutes. According to Amnesty International 
no US state has ever used nitrogen gas to execute an inmate and it had no 
reports of the method being used in other countries.


Ryan Kiesel, executive director of the American Civil Liberties Union in 
Oklahoma, said: We would be experimenting on the condemned using a process 
that has been banned in many states for the euthanasia of animals.


In Oklahoma, where three people were scheduled to die next month, executions 
are already on hold following a botched lethal injection last year. Clayton 
Lockett, convicted of murder, took 43 minutes to die.


The US Supreme Court is reviewing the state's lethal injection procedures after 
remaining death row inmates claimed they were inhumane.


Earlier this week Utah approved the firing squad as its back-up method if it 
runs out of lethal injection drugs.


(source: The Telegraph)








CALIFORNIA:

Attorney General Reportedly Moving To Block 'Death Penalty For Gays' Ballot 
Initiative




California Attorney General Kamala Harris is reportedly moving to prevent a 
ballot proposal criminalizing sodomy and allowing the death penalty for anyone 
who touches another person of the same gender for purposes of sexual 
gratification from ever appearing on the California ballot, according to 
Patrick McGreevy of the Los Angeles Times.


Huntington Beach attorney Matt McLaughlin filed papers to begin gathering 
signatures for the ballot measure, known as the Sodomite Suppression Act, on 
February 26th. Harris??? move would effectively prevent signature gathering.


In California's direct democracy any citizen can follow procedures to propose 
just about any law. That doesn't mean that any law could pass, and even if 
passed, it doesn't mean that any law could actually go into effect. Even laws 
passed by a majority of California voters may been overturned by judicial 
review, as was the case in the Prop. 8 gay marriage debate.


This latest initiative is creating news not because of what it would do if 
passed but because of the fact that it, so far, stopping it has not been 
possible.


Along with the required $200 fee, McLaughlin's letter asking for certification 
of his initiative includes the following language: The abominable crime 
against nature known as buggery, called also sodomy, is a monstrous evil that 
Almighty God, giver of freedom and liberty, commands us to suppress on pain of 
our utter destruction even as he overthrew Sodom and Gomorrha.


The Sacramento Bee reports that the Legislature's Lesbian, Gay, Bisexual and 
Transgender Caucus has now written a letter to the State Bar calling into 
question McLaughlin's fitness to practice law.


A petition to take away his law license already has over 40,000 signers.

(source: CBS news)








WASHINGTON:

Life or 

[Deathpenalty] death penalty news----TEXAS, PENN., DEL., VA., ALA., OHIO

2015-03-26 Thread Rick Halperin





March 26



MARCH 26, 2015:





TEXAS:

Texas prison officials acquire drug to carry out lethal injections



Texas prison officials have acquired a small supply of pentobarbital to 
replenish their dwindling inventory of the execution drug so that lethal 
injections set for next month in the nation's most active death penalty state 
can be carried out, the Texas Department of Criminal Justice said Wednesday.


The agency now has a sufficient amount of the sedative for the 4 inmates set to 
die in April, a spokesman confirmed.


(source: Washington Post)

***

Questionable Texas execution leads to bar complaint against prosecutor  
Texas likely executed an innocent man, and now the prosecutor faces a 
misconduct complaint




A couple of days before Christmas 1991, Cameron Todd Willingham would later 
tell investigators, he awoke from a nap to a house filled with smoke and 
flames. He couldn't reach his 3 toddlers who had been in a back bedroom, and 
the intense heat sent him stumbling outside as fire consumed the house. Arson, 
fire investigators determined, and the police quickly zeroed in on Willingham 
as the one who started it.


Willingham was convicted of murder, sentenced to death, and the execution was 
carried out in 2004 despite significant questions about whether the fire had, 
indeed, been intentionally set. Since then, more questions have been raised 
about the role of a jailhouse informer named Johnny E. Webb, who testified at 
trial that Willingham had confessed to him. Webb and the prosecutor, John H. 
Jackson, told the court that no deal had been worked out for Webb's testimony, 
something Webb now says was a lie.


The evidence is substantial that in killing Willingham, Texas executed an 
innocent man, adding yet another layer of tragedy to the horrific deaths of the 
3 children. And the evidence is pretty convincing that the prosecutor, who has 
stood by the conviction, lied about making a deal with Webb in return for the 
now-recanted testimony.


Earlier this month, the State Bar of Texas quietly filed a disciplinary 
complaint against Jackson in Navarro County District Court, Maurice Possley 
reports at the Marshall Project. Specifically, the bar accuses Jackson of 
withholding evidence of Willingham???s innocence before, during and after the 
trial. From the Marshall Project:


A lawyer for Jackson, Joseph E. Byrne, on Wednesday urged that people withhold 
judgment about the case until all the evidence was presented and took issue 
with the grievance filed against his client by the Innocence Project, a legal 
advocacy group.


If found guilty, Jackson could be disbarred -- not much of a penalty if he was 
indeed culpable for the execution of an innocent man. But it's somewhat 
remarkable that a disciplinary body is even trying to hold a prosecutor 
accountable for apparent misconduct during a trial. That an innocent man was 
likely executed may put more weight on this case, but there have been other 
similar acts of misconduct in death penalty cases, actions that rarely receive 
more than a courtroom rebuke. Though I should note that misconduct and 
prosecutorial errors are not necessarily intentional.


According to the National Registry of Exonerations, official misconduct was 
involved in 46% of the 12,569 exonerations it has tracked since 1989. Politico 
wrote about some of the post-conviction review units that a handful of 
prosecutor's offices have adopted to try to ensure the innocent have not been 
wrongly convicted, something I've written about before.


But that's just a step. I take it as a given that most prosecutors are focused 
on justice. But until prosecutors know they face accountability for their 
infractions, there is little to stop the bad actors from acting badly.


(source: Opinion; Scott Martelle, Los Angeles Times)








PENNSYLVANIA:

York College-commissioned poll shows Pa. voters narrowly against death penalty



A poll commissioned by a York College professor and released on Wednesday shows 
a slim majority of polled Pennsylvanians support Gov. Tom Wolf's decision to 
temporarily put a hold on executions.


54 % of the pollees also prefer some form of a life sentence rather than a 
death sentence, according to the poll done by Public Policy Polling of North 
Carolina.


Eric Ling, an associate professor of criminal justice, said he commissioned the 
poll to see how attitudes were shaped by the governor's decision to put a 
moratorium on the death penalty in February.


Pennsylvanians are moving with the time, he said of the results. I think 
now's the time for reconsideration.


The poll: Of the 632 registered voters polled, 29 % strongly support and 21 % 
somewhat support Wolf's decision, while 15 % somewhat oppose and 29 strongly 
oppose. 5 % of those polled weren't sure, according to the poll.


32 % said they prefer a sentence of life in prison with no possibility of 
parole for someone convicted of murder, while 

[Deathpenalty] death penalty news----worldwide

2015-03-26 Thread Rick Halperin




March 26



INDONESIA:

Indonesian court rejects appeal of Filipina on death rowIn her application 
for judicial review, Mary Jane Veloso's lawyers argue that she was not provided 
with a capable translator during her 1st trial




Indonesia's Supreme Court has rejected an application by a Filipina on death 
row for a judicial review of her case, taking her a step closer to being 
executed along with several other foreign drug convicts.


We appreciate the Supreme Court for its decision to reject the judicial review 
of Mary Jane, Tony Spontana, the spokesperson of the Attorney General's 
Office, told Rappler in a text message.


This is in line with our expectation and understanding because her clemency 
request has already been rejected. She should not have any more legal 
remedies.


As well as the Filipina, Mary Jane Fiesta Veloso, 2 high-profile Australian 
inmates and convicts from France, Brazil, Ghana and Nigeria are set to face the 
firing squad after they recently had requests for presidential clemency 
rejected.


In her application for a judicial review, Veloso's lawyers had reportedly 
argued that she was not provided with a capable translator during her first 
trial.


But the Supreme Court's website said that judges on Wednesday, March 25, 
rejected Veloso's application for a review of her sentence. It did not provide 
details about the ruling and a court spokesman could not immediately be 
contacted for comment.


Veloso was caught at Yogyakarta airport, on the main island of Java, carrying 
2.6 kilograms (5.73 pounds) of heroin on a flight from Malaysia.


Jakarta plans to execute all 10 of the convicts - 9 foreigners and 1 Indonesian 
- at the same time, but has said it will wait for any outstanding legal appeals 
to conclude.


Australians Andrew Chan and Myuran Sukumaran, leaders of the so-called Bali 9 
drug-smuggling gang, as well as Frenchman Serge Atlaoui, currently have appeals 
that are working their way through the courts.


Chan and Sukumaran have lost 2 previous attempts to get judicial reviews of 
their cases, but their legal teams have lodged a further, rare appeal.


Indonesia has some of the toughest anti-drugs laws in the world, and President 
Joko Widodo has vowed there will be no clemency for traffickers on death row, 
as the country is facing an emergency due to rising narcotics use.


Jakarta put to death 6 drug convicts, including five foreigners, in January, 
sparking a diplomatic storm.


(source: rappler.com)






**

Bali 9: Mary Jane Veloso's key legal case delaying executions is rejected



One of the key legal cases delaying the executions of 10 drug felons in 
Indonesia including the Bali 9 duo has been rejected by the Supreme Court.


The case review of Filipina maid Mary Jane Veloso was expected to take up to 3 
months, buying time for all those on death row including Andrew Chan and Myuran 
Sukumaran.


However Supreme Court spokesman Ridwan Mansyur confirmed the judicial review 
request had been rejected on Wednesday.


Although others facing the firing squad still have outstanding legal 
proceedings, Veloso had been considered by her legal team to have a strong 
chance of having her death sentence commuted.


She is innocent, she did not know what she was doing, lawyer Agus Salim told 
Rappler in an interview on March 20. She's a victim.


Veloso, a mother of 2, was sentenced to death in 2010 for attempting to smuggle 
2.6 kilograms of heroin from Malaysia to Yogyakarta.


She maintains she was deceived by an acquaintance and did not know the drugs 
were in the lining of her suitcase.


Her lawyers argued she deserved a case review because the translator during her 
trial was only a student who did not have a license from the Association of 
Indonesian Translators.


Mr Ridwan said the ruling had been published on the Supreme Court's website 
however the legal consideration leading to the decision was still being 
processed.


A spokesman for Attorney-General H. M. Prasetyo confirmed officers from the 
Attorney-General's office were visiting Nusakambangan - the site of the 
executions - on Friday but denied the visit was related to the executions.


Spokesman Tony Spontana said the decision on Veloso did not necessarily mean 
the executions would be held soon.


We are still waiting for all legal processes to be completed, he said.

Lawyers for Chan and Sukumaran will return to the administrative court on 
Monday with an expert witness who will argue that the court has the 
jurisdiction to hear the men's appeal.


The court has previously thrown out their legal challenge to President Joko 
Widodo's rejection of their clemency pleas on the grounds it does not have the 
authority to make a ruling.


This is now being appealed in the same court. A decision is expected in early 
April.


Others with legal processes still underway include Frenchman Serge Atlaoui, 
Martin Anderson from Ghana and Nigerian Raheem Agbaje Salami.


The 

[Deathpenalty] death penalty news----TEXAS, UTAH, ARIZ., USA

2015-03-26 Thread Rick Halperin





March 26


TEXASnew execution date

Execution date set for convicted killer Lester Bower



Another execution date has been set for convicted killer Lester Bower.

Grayson County District Attorney Joe Brown says Bower is now scheduled to die 
on June 3, 2015.


Monday, the Supreme Court denied an appeal from Bower. He was scheduled to be 
executed on February 10 but it was put on hold 5 days earlier.


Bower was convicted in 1984 of murdering 4 men in a Sherman plane hangar.

(source: Associated Press)

**

Executions under Greg Abbott, Jan. 21, 2015-present4

Executions in Texas: Dec. 7, 1982present-522

Abbott#scheduled execution date-nameTx. #

5Apr. 9Kent Sprouse-523

6Apr. 15---Manual Garza-524

7---Apr. 23---Richard Vasquez--525

8---Apr. 28---Robert Pruett526

9---May 12Derrick Charles--527

10--June 3Les Bower528

11---June 18---Gregory Russeau--529

(sources: TDCJ  Rick Halperin)








UTAH:

Why people volunteer to take part in firing squads



There's a funny fact about firing squads: People volunteer for them. When it 
comes to lethal injection though, it can be difficult to find an expert to with 
the right expertise to oversee the procedure. In 2006, Missouri state officials 
told a judge that they sent letters to 298 anesthesiologists, asking if they 
would help with the state's executions. All refused.


Now, as Utah considers a bill that would allow the state to use firing squads 
in the case that it runs out of lethal-injection drugs, we thought we would 
take a look at those who participate in both. The mindsets of firing-squad 
volunteers and lethal-injection team members are the polar opposite with how 
most of those not involved in the process feel. After all, lethal injection is 
the first choice among all states that have the death penalty; other methods, 
including firing squads, can seem barbaric in comparison. A look at the 
psychology may also help inform a small part of the debate about whether 
American states should use firing squads at all.


There's not much academic study comparing the psychology of shooting versus 
injecting, but participants in both have talked with journalists and social 
scientists.


In 2010, when Utah wanted to execute death-row inmate Ronnie Lee Gardner, it 
used five anonymous police officers who all volunteered for the job. 2 other 
volunteer police officers stood by, in case anyone in the original five wanted 
to back out at the last minute. (None of the five officers got cold feet.)


About a week before Gardner's execution, CNN talked with another officer who 
had volunteered for the firing squad that executed convicted murderer John 
Albert Taylor in 1996. The officer considered the job a rare chance to effect 
100 % justice. There's just some people we need to kick off the planet, he 
said. He described the process as instantaneous, professional, and not unduly 
gruesome.


In contrast, getting medical professionals - the equivalent of trained marksmen 
for lethal injections - to join death penalty teams can be difficult. Doctors, 
after all, take an oath to first, do no harm. Doctors' groups, including the 
American Medical Association and the American Board of Anesthesiology, say 
physicians shouldn't participate in capital punishment. The ABA has not taken 
this action because of any position regarding the appropriateness of the death 
penalty. Anesthesiologists, like all physicians and all citizens, have 
different personal opinions about capital punishment, the American Board of 
Anesthesiology's statement reads. Instead, it's about being members of a 
profession dedicated to preserving life when there is hope of doing so.


Although some had hoped that including medical professionals in chemical 
executions would reduce the number of botched procedures, there are simply not 
enough doctors or nurses willing to perform the job, ABC News reported in 
2007.


The workers who end up on lethal-injection teams may have no medical training 
and, perhaps because they're hired to perform executions more than one time, 
seem to deal with more negative psychological effects. A 2005 survey of more 
than 200 members of execution teams - often states will include many people on 
such teams, so no one person feels responsible - found they deal with stress 
and cope by distancing themselves from the moral aspects of their work. ABC 
News talked with one man who executed 62 people by electrocution and lethal 
injection over his career. To make that transformation from corrections 
officer to executioner ... it was hard,'' he said. You have to get away from 
yourself. You have to eliminate yourself.


The psychological effect of being part of