[Deathpenalty] death penalty news----TEXAS, FLA., CALIF.

2016-01-20 Thread Rick Halperin





Jan. 20



TEXASexecution

Texas puts inmate to death for a killing 15 years ago in state's 1st execution 
of 2016



A Texas man put to death Wednesday for a killing 15 years ago became the 
state's 1st prisoner executed in 2016.


Richard Masterson, 43, was pronounced dead at 6:53 p.m. after a lethal 
injection in the nation's busiest death penalty state. Texas carried out 13 
lethal injections in 2015, accounting for nearly half of the 28 executions 
nationwide.


Masterson had claimed the January 2001 strangulation of Darin Shane Honeycutt 
was accidental and had several appeals before the courts, including at four 
with the U.S. Supreme Court. His last-day efforts to stop his execution were 
rejected.


He had testified at his trial that the death of the 35-year-old Honeycutt in 
Houston happened accidentally during a chokehold that was part of a sex act. 
The 2 had met at a bar and then went to Honeycutt's apartment.


Honeycutt was an entertainer who performed dressed as a woman. Honeycutt's 
stage name was Brandi Houston.


Court records showed Masterson confessed to police, told others about the 
killing and acknowledged Honeycutt was slain on purpose in a letter to the 
Texas attorney general in 2012.


"I meant to kill him," Masterson wrote to then-Attorney General Greg Abbott, 
who is now the state's governor. "It was no accident."


Evidence showed Masterson stole Honeycutt's car, dumped it in Georgia, and was 
arrested at a Florida mobile home park more than a week later with another 
stolen car. That car belonged to a Tampa, Florida, man who testified he was 
robbed by Masterson but survived a similar sex episode where he was choked.


Masterson's attorneys argued Honeycutt's death was accidental or the result of 
a heart attack, that a Harris County medical examiner whose credentials have 
been questioned was wrong to tell jurors it was a strangulation, that 
Masterson's earlier lawyers were deficient and that his prolonged drug use and 
then withdrawal while in jail contributed to his "suicide by confession" when 
he spoke to police and in the letter to Abbott.


Lawyers also contended trial jurors were given an incomplete instruction before 
their deliberations and that the Texas Court of Criminal Appeals denied 
Masterson his rights to due process and access to the courts by refusing their 
challenge to a new state law that keeps secret the identity of the provider of 
pentobarbital that Texas prison officials use for lethal injections.


State lawyers argued that Masterson's attorneys offered no scientific evidence 
about Honeycutt's death that hadn't been previously raised and rejected, 
including by jurors at Masterson's 2002 trial. Federal courts had no 
jurisdiction in the execution drug secrecy because it was a state matter, they 
contended.


Masterson had a long drug history and criminal record beginning at age 15. 
Court documents showed he ignored advice from lawyers at his trial for the 
killing and insisted on telling jurors he met Honeycutt at a bar and they went 
to Honeycutt's Houston apartment where Masterson said the chokehold was part of 
an autoerotic sex act.


Honeycutt's body was found Jan. 27, 2001, after friends became worried when he 
failed to show up for work.


Masterson also told jurors he was a future danger - an element they had to 
agree with in order to decide a death sentence was appropriate.


Masterson's case recently drew the attention of Pope Francis, who has 
reinforced the Catholic Church's opposition to capital punishment.


At least 8 other Texas death row inmates have executions scheduled for the 
coming months, including 1 set for next week.


Masterson becomes the 1st condemned inmate to be put to death this year in 
Texas and the 532nd overall since the state resumed capital punishment on 
December 7, 1982. He becomes the 14th condemned inmate to be put to death in 
Texas since Greg Abbott became governor of the stat in Jan. 2015.


Masterson becomes the 2nd condemned inmate to be put to death this year in the 
USA and the 1424th overall since the nation resumed executions on Jasnaury 17, 
1977.


(sources: Associated Press & Rick Halperin)

**

Executions under Greg Abbott, Jan. 21, 2015-present14

Executions in Texas: Dec. 7, 1982present-532

Abbott#scheduled execution date-nameTx. #

15-January 27---James Freeman-533

16-February 16--Gustavo Garcia534

17-March 9--Coy Wesbrook--535

18-March 22-Adam Ward-536

19-March 30-John Battaglia537

20-April 6--Pablo Vasquez-538

21-April 27-Robert Pruett-539

22-June 2---Charles Flores540

(sources: TDCJ & Rick Halperin)






FLORIDA:

Lavar Monte Thompson Convicted, But A Potential 

[Deathpenalty] death penalty news----worldwide

2016-01-20 Thread Rick Halperin






Jan. 20



ZAMBIA:

Scrap death sentence - UNZA don


A lecturer in the School of Law at the University of Zambia, Landilani Banda, 
says death sentence is "state-sanctioned murder" and must thus be abolished.


Mr Banda says there is no legal, political or religious justification for 
maintaining the death penalty in the laws of the country.


Mr Banda said yesterday when he appeared before the Parliamentary Committee on 
Legal Affairs, Governance, Human Rights, Gender Matters and Child Affairs, that 
has been receiving views on whether the death penalty should be abolished or 
not.


"There is no valid reason to maintain death sentence in the statutes of Zambia. 
Being on death row alone causes so much anguish and suffering to the convict 
that most of them actually die on death row," Mr Banda said.


He contended that death sentence has not acted as a deterrent to would-be 
offenders and it is, therefore, only logical that it is scraped.


"Death penalty is retrogression to the right of life. It is the state violating 
the right to life. Which citizen deserves to be killed by the state? Death 
penalty is not defence of life of the state," Mr Banda said.


Mpika member of Parliament Mwansa Kapeya asked Mr Banda on whether he thinks 
Zambians will be convinced to abolish death penalty through a referendum.


Mr Banda said: "Zambians have a conscience. And Government needs to sensitise 
citizens on their rights, which includes the right to life".


Committee chairperson Cornelius Mweetwa asked Mr Banda on what the best 
deterrent should be in an event that the death penalty is abolished.


Mr Banda said life imprisonment would be ideal to replace death penalty.

Last week, the Human Rights Commission said Amnesty International described 
death penalty as a "premeditated and cold-blooded killing of a human being by 
the State", and should therefore, be abolished because it is a violation of 
fundamental human rights.


And Panos Institute Southern Africa (PSAf) has called on MPs to help promote 
transparency and accountability in the country by expediting the enactment of 
the Access to Information (ATI) Bill into law, which media practitioners have 
been fighting for since 1991, TEDDY KUYELA reports.


Appearing before the Parliamentary Committee on Information and Broadcasting 
Services at the National Assembly last week, PSAf programme manager for media 
development and information communication technology, Elias Banda, said access 
to information is a basic human right for all citizens.


Mr Banda urged Parliamentarians to support the enactment of the ATI into law to 
help promote accountability and reduce corruption.


This is according to a statement issued by Panos yesterday.

"Access to Information is a basic human right supported by Article 19 of the 
Universal Declaration of Human Rights and other international statutes of good 
governance and open societies," Mr Banda said.


Among other benefits, Mr Banda informed the committee that the ATI will enable 
the state or public bodies to positively seek information through research and 
development in all spheres of life.


Mr Banda said the enactment of the ATI Bill into law will also help to improve 
the knowledge base of an economy and help discover creative new ways of 
developing the country and its people.


(source: Zambia Daily Mail)






PAKISTANexecution

Death penalty: Murder convict hanged


A murder convict was hanged at the Jhang District Jail on Tuesday morning. A 
Prisons Department spokesperson said Allah Ditta, a resident of Chak 161-JB, 
was sentenced to death by a trial court. He said Allah Ditta had killed a rival 
in 1996. The apex court had upheld the decision of the lower court and the 
president had turned down his mercy petition. A district and sessions judge had 
issued black warrants for Allah Ditta to be hanged on January 19.


(source: The Express Tribune)

*

Qadri appeals for state's mercy


Mumtaz Qadri, whose death sentence was upheld by the Supreme Court of Pakistan 
for shooting to death Punjab governor Salman Taseer, has appealed the President 
of Pakistan for mercy.


According to sources at Interior Ministry, Mumtaz Qadri's appeal for mercy will 
be forwarded to the President's House.


Mumtaz Qadri, who was part of the security detail of Salman Taseer, had shot 
the former Punjab governor multiple times in Islamabad on January 4, 2011 for 
allegedly committing a blasphemy.


Qadri has, in his appeal addressed to President Mamnoon Hussain, stated that he 
is the only breadwinner in his family, and thus, deserves the state's mercy.


President Mamnoon Hussain will decide whether or not to condone the death 
penalty of Mumtaz Qadri, who had confessed to murdering Salman Taseer.


(source: thenews.com.pk)






INDIA:

SC to rehear death row convict's plea


The Supreme Court today agreed to re-hear the plea of Pakistani terrorist 
Mohammad Arif, alias Ashfaq, seeking review of the death 

[Deathpenalty] death penalty news----TEXAS, FLA., ALA., USA

2016-01-20 Thread Rick Halperin





Jan. 20



TEXAS:

As an Attorney, Death Penalty Enthusiast Ted Cruz Really Loved Describing 
Brutal Crimes



Texas Senator and presidential candidate Ted Cruz has never exactly hidden his 
passion for the death penalty - it's a love that speaks its name over and over 
whenever he talks in public. As the New York Times lays out today, his passion 
took a somewhat more unseemly form when he was a Supreme Court Clerk, where he 
seemed to take unusual relish in laying out the details of violent crimes.


Cruz has always been pro-death penalty and a staunch advocate for keeping the 
system churning along just as it currently kills people (except, as Mother 
Jones pointed out, in 2010, when as a private practice attorney, he represented 
a wrongfully convicted man who spent 14 years on death row). He may have gotten 
some of that from his father; Rafael Cruz has argued from the pulpit that God 
himself is pro-death penalty.


That enthusiasm made itself evident when he was clerking for Supreme Court 
Justice William H. Rehnquist in 1996, the Times writes, and became known for 
his colorful briefs on death penalty appeals, which "often dwelled on the lurid 
details of murders that other clerks tended to summarize in order to quickly 
move to the legal merits of the case."


That's unusual for a dry, dispassionate SCOTUS brief, and really made old Ted 
stand out at the office, a fact he himself was not unaware of. Per the Times: 
"I believe in the death penalty," Mr. Cruz wrote in his book "A Time for 
Truth." As he saw it, it was his duty to include all the details and "describe 
the brutal nature of the crime."


"Liberal clerks would typically omit the facts; it was harder to jump on the 
moral high horse in defense of a depraved killer," he wrote.


Cruz's love of death began even before that, in fact, during a clerkship at 
federal appellate court in Virginia with Judge J. Michael Luttig. Luttig's 
father was killed by a 17-year-old would-be carjacker named Napoleon Beazley in 
1994. The horrible incident created a bond between Cruz and Luttig, who began 
working for the judge soon after. A very strong and slightly macabre bond, 
again, per the Times:


Mr. Cruz became devoted to Mr. Luttig, whom Mr. Cruz has described as "like a 
father to me." During his clerkship, he presented his boss with a caricature of 
him and other clerks pulling a stagecoach driven by the judge. According to 
someone who saw the illustration, there was a graveyard behind them with 
headstones representing the number of people executed in their jurisdiction 
that year.


One thing we can say about Ted Cruz: the man's character is consistent.

(source: jezebel.com)






FLORIDA:

Denise Lee's killer among death penalty cases to be reviewed


In another sign of the impact of a U.S. Supreme Court ruling that struck down a 
key part of Florida's death-penalty sentencing system, the state Supreme Court 
has issued orders allowing 6 death row inmates to file briefs about how the 
ruling might apply to their cases. That includes the sentence of Michael King, 
who was convicted in September 2009 in the abduction, rape and killing of North 
Port's Denise Lee, 21. The same jury that convicted King also recommended 12-0 
that he die for the crimes.


The Florida Supreme Court's orders, issued Tuesday, are in cases that already 
had been scheduled for oral arguments during the `st week of February.


The orders will allow lawyers for the inmates and the state to file briefs next 
week about the U.S. Supreme Court ruling in advance of the oral arguments.


The U.S. Supreme Court, in an 8-1 decision, found Jan. 12 that Florida's system 
of imposing death sentences was an unconstitutional violation of the Sixth 
Amendment right to trial by jury because it gave too much decision-making power 
to judges instead of juries.


A key question is whether - or how - the ruling might apply to people already 
sentenced to death.


Besides King, Tuesday's orders allow briefs to be filed on behalf of Richard 
Knight, convicted in a Broward County case; Raymond Bright, convicted in a Bay 
County case; Dontae Morris, convicted in a Hillsborough County case; Jacob John 
Dougan, convicted in a Duval County case; and Eric Lee Simmons, convicted in a 
Lake County case, according to court documents.


In a motion filed Friday in the Florida Supreme Court, Morris' attorneys said 
the breadth of the U.S. Supreme Court ruling was "unanticipated" and that it 
should apply to Morris' case.


The Florida Supreme Court also will hear similar arguments Feb. 2 in the case 
of Cary Michael Lambrix, who is scheduled to be executed Feb. 11.


Lawyers in Attorney General Pam Bondi's office have argued that the U.S. 
Supreme Court ruling should not affect Lambrix, who has been on death row for 
more than 3 decades.


(source: Herald Tribune)

*

Shelby Farah's mother to ask state not to execute Rhodes if found guilty


Shelby Farah's mother is scheduled to 

[Deathpenalty] death penalty news----worldwide

2016-01-20 Thread Rick Halperin






Jan. 20



BAHAMAS:

Tough Call: Time To Face Reality Over Death Penalty


Last November, a regional conference in Guyana focused on abolishing the death 
penalty, which many Caribbean territories - including The Bahamas - want to 
keep on the books.


Sponsored by the European Union (EU), the conference went completely unnoticed 
here. The main conclusion was that, although capital punishment did not deter 
crime, public support for it was closely linked to fear.


As our murder rate rises to ever more "frightening" levels - which the 
authorities seem helpless to deal with - it is easy to see why ordinary 
citizens want to strike back. There is a strong sense that criminals are 
undermining our society.


Former cabinet minister Leslie Miller recently excoriated the Chief Justice for 
pointing out that - under current law - it would take a massacre before the 
death penalty could be carried out here. Miller is one of a growing number of 
Bahamians who have had close relatives or friends murdered in recent years. He 
dismissed the judge's comment as "ridiculous and stupid" because it sent the 
wrong message to criminals.


"It's sad that the courts are upholding the view that you have to have a 
massacre to consider you to be eligible for the death penalty. We must fight 
fire with fire. We have to wipe them out. It's either them or us," Miller said 
in typical bombastic style.


Another politician who has lost a close relative to crime is Democratic 
National Alliance chief Branville McCartney. And he has been equally insistent 
on the need for executions. "How many more must die," he said recently, "before 
lawmakers do what is necessary to protect the public?"


Fundamentalist preachers are even more unyielding. Consider this comment from 
Bishop Walter Hanchell: "As we can see from scriptures, the penalty for murder 
is death ... state killings should and must be resumed in order to rid the 
community of wicked persons, who have lost their right to live in our society."


But all of these comments amount to spitting in the wind. There is a global 
trend towards abolition of the death penalty.


Today, nearly 2/3 of all the countries in the world no longer execute people.

Many CARICOM nations retain capital punishment on the books, but judges - 
whether at the Privy Council in London or the Caribbean Court in Trinidad - 
have gradually made the penalty almost impossible to carry out.


The last executions in the region were carried out in St Kitts and Nevis 
(2008), the Bahamas (2000) and Trinidad and Tobago (1999). In St Kitts, the 
number of murders increased in the year following the 2008 execution. In 
Trinidad, after an appeals court determination limiting executions, the murder 
rate fell.


Multiple studies have shown that while capital punishment does not deter crime, 
it does run the risk of executing innocent people. And abolitionists argue that 
the death penalty is often used in a disproportional manner against the poor 
and minority groups.


As lawyer Dion Hanna has pointed out: "It's very easy to convict someone under 
our legal system who may be innocent, and there is no redress, unless you have 
public campaigns to overturn a decision, and we don't have that kind of culture 
in the Bahamas. So the death penalty really is a dangerous weapon in the hands 
of the legal system."


According to a 2007 study by the United Nations and the World Bank, the causes 
of high crime rates in our region include the easy availability of guns, urban 
chaos, income inequality, and the prevalence of gangs, organised crime and drug 
trafficking.


As the South African court which abolished the death penalty in 1995 said: "We 
would be deluding ourselves if we were to believe that the execution of ... a 
comparatively few people each year ... will provide the solution to the 
unacceptably high rate of crime ... The greatest deterrent to crime is the 
likelihood that offenders will be apprehended, convicted and punished. It is 
that which is presently lacking in our criminal justice system."


Delegates at the Guyana conference called on Caribbean countries to formalise 
the unofficial moratorium on the death penalty that currently exists and 
respect international human rights laws. They argued that public opinion in 
favour of executions was not a major obstacle to achieving this.


"Public support for the death penalty does not necessarily mean that (it) is 
right," an EU statement said, pointing to historical precedents where gross 
human rights violations had the support of a majority of the people, but were 
condemned vigorously later on. In dealing with crime, it was seen as far more 
important to strengthen the judicial system, while advancing public education 
on the issue of punishment.


One of the top speakers at the Guyana conference was Navnit Dholakia, who was 
born in Africa and educated in India before emigrating to Britain in the 1950s. 
He is a member of the UK All Party 

[Deathpenalty] death penalty news----MO., KAN., COLO., USA

2016-01-20 Thread Rick Halperin






Jan. 20




MISSOURI:

Bill to abolish death penalty in Missouri being considered


A move to abolish the death penalty in the Show-Me State is getting a hearing 
before a Missouri Senate committee.


Senate Bill 816 is sponsored by Sen. Paul Weiland, R-Imperial. He told the 
committee on general laws that being a pro-life Republican should also include 
the end of life.


"When I got involved in public life, one of my motivations was defending human 
life," Wieland said. "So to me it made logical sense, in order for me to be 
congruent with my conscience, that I would in fact be against the death 
penalty, and even further, I would work to try to end the death penalty here in 
the state of Missouri."


Weiland also argued that the death penalty does not make Missouri, nor the rest 
of the United States, look good in the eyes of the world.


Several people testified in favor of the bill, including Nimrod Chapel, 
president of the NAACP's Missouri state conference. He told the committee that 
the death penalty in Missouri is disproportionately pronounced against African 
Americans.


"If you murder a white person, a white woman in particular, you're nearly 14 
times more likely to get executed than those who murder black men," Chapel 
said. "The slogan that you hear, that 'Black Lives Matter,' is directly in 
response to this kind of disproportionate application of state law."


Mark Richardson, prosecuting attorney for Cole County, strongly disagreed that 
racial disparities exist in the application of capital punishment in Missouri.


"As of 2005, there were 46 prisoners under sentence of death in Missouri, (and) 
of those 46, 24 were white and 22 were African American," Richardson said. 
"Based on the murders committed, not the population statistically, but who's 
committing the murders, there appears in our state to be no disparity."


Richardson, speaking on behalf of the Missouri Association of Prosecuting 
Attorneys, also testified that the death penalty not only protects the public, 
but staff members at state prisons.


"Throwing the death penalty off the table," he said, "I would be forced to tell 
the victim's family of a murderer of a young man, say, that started as a 
corrections officer, who's murdered in prison, that we will just send that 
inmate right back to the prison where he came from, and have no ability to 
deter our worst offenders from attempting and committing murders against prison 
staff, guards or other inmates."


The hearing had to recess because the Missouri Senate was scheduled to convene 
at 4 p.m., and Senate rules forbid committee meetings to occur while the full 
Senate is in session. The hearing on the death penalty abolition bill is 
scheduled to resume next week.


The bill's chances of success appear remote, as most of the Republican majority 
in the Missouri General Assembly supports the death penalty, as does Gov. Jay 
Nixon, a Democrat.


Missouri executed 6 death row inmates last year and 18 total since lethal 
injections resumed in late 2013.


(source: stlpublicradio.org)






KANSAS:

Supreme Court restores death sentences in heinous Kansas murder spree


Despite deep divisions over capital punishment, the Supreme Court ruled 
Wednesday that in the case of some particularly heinous Kansas murders, death 
was the appropriate penalty.


The court ruled 8-1 that death sentences handed down against 3 men should not 
have been tossed out for procedural reasons by Kansas' highest court. Justice 
Antonin Scalia wrote the decision, with Justice Sonia Sotomayor the lone 
dissent.


The case had exposed the same tensions and fault lines over the death penalty 
first revealed on the last day of the court's last term in June, when it ruled 
5-4 to uphold a controversial form of lethal injection. Then, 4 justices spoke 
emotionally over the relative correctness or cruelty of capital punishment, and 
Justices Stephen Breyer and Ruth Bader Ginsburg said it might be 
unconstitutional.


In the Kansas case, the state Supreme Court had struck down death sentences 
against 3 convicted murderers because of instructions given to the juries and, 
in the case of 2 brothers, the use of a joint sentencing hearing rather than 
separate ones. The state asked to restore the death sentences, and a majority 
of justices agreed.


"These defendants tortured their victims, acts of almost inconceivable cruelty 
and depravity described firsthand for the jury by the lone survivor," Scalia 
said.


Noting during oral arguments that 6 of the state's 9 death row inmates could 
win new hearings if the Kansas court's ruling remained, Scalia said, "Kansans, 
unlike our Justice Breyer, do not think the death penalty is unconstitutional 
and indeed very much favor it."


He later went out of his way to read the gory details of the Kansas murder 
case, in which 5 men and women were repeatedly raped and abused before 4 were 
murdered and the 5th shot execution-style.


Justice Samuel Alito, who