[Deathpenalty] death penalty news----TEXAS, PENN., FLA., OHIO, IND.

2018-06-12 Thread Rick Halperin






June 12



TEXAS:

Texas death row inmate convicted of killing boy, 9, loses appeal



The U.S. Supreme Court Monday refused to review the appeal of a Houston man on 
death row for the 1992 slaying of a 9-year-old boy.


The justices offered no comment Monday in rejecting the case of Perry Allen 
Austin, 58.


Austin was serving a 30-year term for sexual assault on a child when he pleaded 
guilty in April 2002 to capital murder for injecting David Kazmouz with a pain 
killer and then slitting the boy's throat.


The boy's skeletal remains were found in Houston in 1993.

Austin confessed in 2001.

Attorneys have argued in appeals he wasn't mentally competent to plead guilty.

Prosecutors described Austin as a drug courier for a Houston street gang.

He volunteered for execution, then changed his mind a week before his scheduled 
punishment in 2003.


(source: Associated Press)








PENNSYLVANIA:

'Death! I sentenced someone to DEATH!' - York County juror describes the 
emotional toll




I did not take this lightly. None of us did. We carried this weight for 10 days 
- and continue to carry this weight.


Recently, I was chosen to be on the jury of a high-profile homicide case in 
York. Initially, I was intrigued and a bit excited at the thought of such an 
interesting case. I was one in 16, of 100 people, selected to sit in on a trial 
at which the death penalty was a possibility.


For someone who regularly watches criminal TV shows and documentaries, this was 
incredible! I had NO idea what I was in for.


For 10 days, I listened to testimony and viewed evidence of the horrific 
killing of a young woman and man. I saw pictures of their bodies. I listened to 
the gruesome details of their deaths.


For 10 days, I watched as the young woman's family sat in the courtroom, on 
edge and emotional as they listened to the details of their daughter's final 
moments of life.


For 10 days, I watched the defendant's mom in the back of the courtroom as she 
listened to the accusations against her son - her pride and joy. And then again 
as she held her hands over her ears as the prosecution delivered their closing 
arguments.


For 10 days, I watched a man, accused of heinous crimes, as he struggled to 
declare his innocence.


But in the end, justice served or not, I now only hear silence.

Memories burned in my mind.

Pictures forever filed in my brain.

A 10-day experience that has and will continue to forever change me.

This was not an hour of "CSI," this was real life. 2 human beings were taken 
from this earth and from their families at the hands of another. I had no idea 
that I'd be affected in this way. No idea that days afterward, I'd still think 
of the families - defendant and victims - and carry such a heavy burden for 
all. That I would wonder what is truly going on in the mind of a man who is now 
sentenced to death. And that I was 1 of 12 who deliberated and thought and 
prayed about the task we were asked to carry through: To judge impartially, and 
to uphold the law.


I did not take this lightly. None of us did. We carried this weight for 10 days 
- and continue to carry this weight, even though it's all over. We lived it and 
experienced it, as close to being there in the actual moment as we could be.


We reviewed the evidence and we reviewed the information that we were given. We 
read the law, and we made a choice - death.


Death! I sentenced someone to DEATH!

I have heard it over and over in the last few days: I didn't do this to him, he 
did it to himself. I didn't ruin the lives of his family members, he did. I 
didn't take away the only daughter that Danielle's family had, he did. And I 
didn't take Foday away from his family and loved ones either.


While they're absolutely right, it still doesn't ease the enormity of this 
situation and experience. And sadly, for me, it doesn't change the hurt in my 
heart.


Nobody wins. I'll say it again: Nobody. Wins.

Danielle and Foday aren't coming back. Their families cannot call them on the 
phone or send them a letter. The 4 witnesses cannot erase the images and trauma 
now engraved in their hearts and minds. And Mrs. Henry no longer has a son to 
help her with life at home.


And last, but not least, is me - ME.

In 10 days, I went from an hour of "CSI" to real life. I went from restful 
dreams to restless nights. I went from ignorance to overwhelming reality. This 
is real life. These are real people. And this is the real me. A faith-filled 
and caring person who was chosen to decide a man's fate. A fate that when 
decided was death.


It has gripped me. And I continue to think of, and cry for, all those involved. 
This has affected me more than I could ever have imagined. What started out as 
intrigue has turned into pure heartbreak.


Mention jury duty to anyone within earshot, and guaranteed someone will mention 
how boring and miserable it is. And yes, that's typically the case. What I 
expected to be a week of reading a book 

[Deathpenalty] death penalty news----ARK., S.DAK., COLO., UTAH, CALIF., USA

2018-06-12 Thread Rick Halperin







June 12



ARKANSAS:

Arkansas judge seeks to dismiss complaint over demonstration



An Arkansas judge charged with breaking judicial ethics rules for participating 
in an anti-death penalty demonstration the same day he blocked the state from 
using an execution drug says a disciplinary panel should dismiss its case 
against him.


Pulaski County Circuit Judge Wendell Griffen's attorneys renewed their May 2017 
request for the Judicial Discipline and Disability Commission to dismiss the 
complaint against the judge.


He was photographed on a cot outside the governor's mansion last year wearing 
an anti-death penalty button and surrounded by people holding signs opposing 
executions. Earlier that day, Griffen blocked the state from using a lethal 
injection drug over claims the company had been misled by the state.


A 3-member panel of the commission on Friday charged Griffen with violating 
ethics rules over the demonstration.


(source: Associated Press)








SOUTH DAKOTA:

Was This Man Sentenced to Death Because He's Gay?His defenders say yes. 
South Dakota says no. The Supreme Court may soon weigh in.




Before South Dakota jurors decided the fate of Charles Rhines in 1993, they 
sent a handwritten note to the judge. They had just found Rhines guilty of 
fatally stabbing 22-year-old Donnivan Schaeffer, an employee of Dig 'Em Donuts 
in Rapid City, during a robbery a year earlier. But now they had some 
questions.


Case in Point

In "Case in Point," Andrew Cohen examines a single case or character that sheds 
light on the criminal justice system. An audio version of Case in Point is 
broadcast with The Takeaway, a public radio show from WNYC, Public Radio 
International, The New York Times, and WGBH-Boston Public Radio.


If they didn't vote for the death penalty, what would his life in prison look 
like? Would he be "allowed to mix with the general inmate population"? Would he 
be able "to create a group of followers or admirers"? Would he have a cellmate?


The judge said he couldn't answer, and the jury sent Rhines to death row, where 
he remains today. A few years ago, those seemingly innocuous questions became 
crucial to the last-ditch efforts to save his life. Rhines's lawyers knew that 
the jurors had been told that Rhines is gay. They went looking for jurors, 
following a hunch that turned out to be correct.


"There was lots of discussion of homosexuality," one juror recalled, according 
to affidavits later filed in court. "There were lots of folks who were like, 
'Ew, I can't believe that.'" Another juror said they "knew that he was a 
homosexual and thought that he shouldn't be able to spend his life with men in 
prison." A 3rd recalled overhearing a fellow juror say that life in prison 
would mean "sending him where he wants to go."


In essence, the defense argues, the jury sent Rhines to his death because some 
jurors thought life in a male prison might be enjoyable for a gay man.


South Dakota jurors sent Charles Rhines, pictured, to death row for fatally 
stabbing Donnivan Schaeffer. Rapid City Journal


The Supreme Court is now considering whether to hear Rhines's argument that his 
death sentence should be thrown out because it was tainted by homophobia. In 
the wake of the Masterpiece Cakeshop decision - in which the court ruled for a 
baker who declined to bake a wedding cake for a same-sex couple - the Rhines 
case could pave the way for new legal debates about how the justice system 
treats LGBTQ+ people accused of crimes. Simply put: Can a sentence be 
overturned if it was based on someone's sexual orientation?


Until recently, the answer would have been an easy no. A central tenet of 
American law is that what happens in the jury room stays in the jury room. 
(This is often called the "no-impeachment rule.") But last year, the court made 
an exception to that rule in the case of Miguel Angel Pena-Rodriguez. He was 
convicted of sexually assaulting 2 teenage girls, but a juror had allegedly 
remarked that Mexican men "had a bravado that caused them to believe they could 
do whatever they wanted with women." Sending the case back to lower courts, 
Justice Anthony Kennedy wrote that judges should look at situations where a 
jury may have relied on "racial stereotypes or animus" to find someone guilty. 
The justices then ordered a lower court to revisit the case of Keith Tharpe. 
Years after sentencing Tharpe to death, a juror admitted, "I have wondered if 
black people even have souls."


These cases concern race, but Shawn Nolan, who oversees Rhines's defense team 
at the Federal Community Defender Office in Philadelphia, called sexual 
orientation "a natural next step."


Paul Swedlund, the assistant attorney general for South Dakota who is arguing 
against Rhines, said he could not comment on pending litigation. But his brief 
to the Supreme Court punches back hard, arguing that jurors had lots of reasons 
to sentence Rhines to death beyond his sexual 

[Deathpenalty] death penalty news----worldwide

2018-06-12 Thread Rick Halperin






June 12




IRAN:

Iranian Kurdish Dissident Facing Execution Suffers Legal Blow



A lawyer for an Iranian Kurdish man sentenced to death for belonging to a 
Kurdish nationalist group says his client has suffered a major legal setback in 
a bid to escape execution.


Speaking to VOA Persian by phone Monday from Tehran, lawyer Hossein Ahmadiniaz 
said Iran's Supreme Court has rejected an appeal to spare the life of his 
client, Ramin Hossein Panahi.


"By law, the Supreme Court should have responded to my request for an appeal by 
stopping the [death penalty] from proceeding and reviewing the case in its 
entirety," Ahmadiniaz said. "Unfortunately, they did not do that for my client 
- they just skimmed through the case."


Ahmadiniaz said he will file a 2nd appeal against Panahi's sentence, but did 
not explain how that will proceed. "I will do my utmost to use all legal 
procedures to get justice for my client," Ahmadiniaz said.


Panahi, who is in his 20s, was arrested in June 2017 for allegedly belonging to 
Kurdish nationalist group Komala and drawing a weapon against Iranian security 
forces who were carrying out a raid in the region. An Iranian court sentenced 
him to death in January. Since then, Panahi has been imprisoned in the 
northwestern city of Sanandaj.


A U.N. human rights expert issued a call last month for Iran to immediately 
halt and annul Panahi's death sentence. In a May 2 statement, Agnes Callamard, 
the U.N. Special Rapporteur on extrajudicial, summary or arbitrary executions, 
said her office was concerned about allegations that Panahi had not received a 
fair trial and was mistreated and tortured in detention.


In a report published Sunday, Iranian state-run news site ISNA acknowledged 
Callamard's concerns, saying no evidence linking Panahi to any "intentional 
killing" was presented at his trial.


A Europe-based brother of Panahi told VOA Persian last month that authorities 
took Panahi from Sanandaj prison to an unknown location on May 1, prompting 
concerns of an imminent execution. But the brother said authorities returned 
Panahi to Sanandaj the next day and placed him in the prison's public ward 
rather than death row, where he had been kept previously.


Panahi's return to the Sanandaj prison coincided with Callamard's appeal for an 
annulment of his death sentence and a social media campaign by his supporters 
also seeking clemency for him.


Social media users concerned that Panahi still could be executed after the 
Islamic holy month of Ramadan ends this week have intensified their campaign in 
recent days. Twitter users posted at least 53,000 tweets with the hashtag 
#SOSRamin from Saturday into Sunday. SOS is an international code used to warn 
of extreme distress.


(source: voanews.com)








BANGLADESH:

2 heroin peddlers get death penalty



terday sentenced 2 drug paddlers to death.

The court of Metropolitan Sessions Judge Mujibur Rahman Bhuiyan also fined 
Hossain Ahmed Manik and Parvez Alam Sumon Tk 1 lakh each, said Additional 
Public Prosecutor Mofur Ali.


They are from Beanibazar upazila. Parvez is in Sylhet Central Jail and Manik on 
the run. According to the prosecution, a parcel was received at Sylhet Post 
Office from Pakistan on March 9, 2014.


When postal supervisor inspected it, he found 8.025 grammes of heroin in it. 
The postal department filed a case with Daksin Surma Police Station.


Police found the drug peddler through the phone number mentioned on the parcel.



New law to ensure capital punishment for drug kingpins



Home Minister Asaduzzaman Khan Kamal yesterday told the parliament that the 
government has drafted a new law to ensure capital punishment for masterminds, 
godfathers and patrons of illegal drug trading.


In reply to lawmakers' queries, the minister also informed the parliament that 
there is no visible progress in stopping yaba smuggling in Bangladesh from 
Myanmar due to lack of good intentions of Myanmar authorities.


On bringing godfathers of drug trade to book, Kamal said in the existing 
Narcotics Control Act 1990, there is a provision for capital punishment for 
drug criminals. But according to the law, there is no option of taking actions 
if drug is not found in someone's possession. That's how masterminds escape the 
law easily.


In a bid to take tougher actions against patrons and godfathers of drug trade, 
the government has drafted Narcotics Control Act 2018 keeping the provision for 
death penalty against them, Kamal said.


Besides, the home minister also said officials of the respective directorate 
who investigate money laundering related crimes will be empowered to bring drug 
kingpins to book.


About the ongoing drive against drugs, the minister said it is going on 
according to the list of drug traders to bring drug patrons and godfathers 
under the purview of the law.


In response to another query, Kamal informed the House that Bangladesh and 
India so far