[Deathpenalty] death penalty news----worldwide
Sept. 7 IRELAND: Irish Legal Heritage: The Manchester Martyrs On 18 September 1867, Police Sergeant Charles Brett was shot dead while transporting prisoners, including 2 members of the Irish Republican Brotherhood (IRB), from Manchester police court to Bell Vue Gaol. Thomas Kelly and Timothy Deasy had been arrested when police observed them “loitering about the streets in a suspicious manner” in the middle of the night, and presumed they were plotting a robbery. They were found to have loaded revolvers in their pockets, and were charged under the Vagrancy Act. However, communications with the Irish police led them to be identified as “notorious Fenians” who were key members of the IRB (M McDonnell Bodkin, Famous Irish Trials (1918)). Sergeant Brett was killed when a group of between 30 and 40 men encircled the horse-drawn police van carrying the prisoners, and ordered Sergeant Brett to open the door. After he refused, one of the men fired his revolver into the lock to break it open – just as Sergeant Brett was looking through it to see what was happening outside. Sergeant Brett died instantly from a bullet wound to the brain, and his keys were used to release the prisoners. Immediately afterwards, a reward of £300 was offered for the arrest of Kelly and Deasy, and a reward of £200 was offered for “information which would lead to the apprehension and conviction of the parties implicated in the rescue”. Kelly and Deasy evaded capture, but the investigation led to the arrest of 26 men. The first 5 men to be put on trial were William Philip Allen, Michael Larkin, Michael O’Brien, Edward O’Meagher Condon (otherwise known as Edward Shore), and Thomas Maguire (M McDonnell Bodkin, Famous Irish Trials (1918)). The jury found all 5 of the accused to be guilty of murder. The men were sentenced to death by hanging, to which they cried from the dock “God save Ireland!”. Edward O’Meagher Condon and Thomas Maguire were ultimately saved from the death penalty. The Home Secretary recommended that Thomas Maguire should be pardoned after it was accepted that he was not present at the rescue and that the witness testimony, upon which he and the other accused were convicted, was false. The Crown also granted reprieve to Edward O’Meagher Condon, as “he was unarmed when apprehended and was not proved to be armed during the fatal affray”. On 23 November 1867, William Allen, Michael O’Brien, and Michael Larkin were publicly executed in Manchester to a jeering crowd of thousands of people. It was widely believed that none of the men had fired the fatal shot, and that a miscarriage of justice had occurred. Their cries of “God save Ireland” were ever memorialised in a song written by Timothy Daniel Sullivan that served as an unofficial Irish national anthem for years after their deaths: “God save Ireland” said the heroes, “God save Ireland” said they all. Whether on the scaffold high, Or the battlefield we die, Oh, what matter when for Erin dear we fall! (source: Irish Legal News) JAPAN: Father of killed son on crusade for abolition of death penalty Once filled with hatred and anger toward a truck driver who killed his son, Tadaari Katayama now is an unlikely anti-death penalty advocate. Katayama, 63, has jointly set up a citizens group seeking to end capital punishment after engaging in activities to support crime victims and interacting with inmates. He said he has come to believe that criminals can reform. “I do not want the lives of anyone to be ended anymore,” said Katayama. In November 1997, Katayama's 8-year-old son Shun, a 2nd-grade elementary school student, was hit by a dump truck while on his way to school and killed. Questioning why the perpetrator was not prosecuted, Katayama sought eyewitnesses to the accident and waged a petition campaign calling for the case to be reopened. The public efforts forced prosecutors to admit their failing and indict the driver, who was eventually convicted of professional negligence resulting in death. The case also provided a good opportunity to review the way crime victims are treated. At that time, Katayama felt not only hatred and sadness but also fear toward the perpetrator. As the motorist did not visit him to apologize and just sent perfunctory letters, Katayama thought the driver “may be a monster-like individual.” But when meeting with the perpetrator on the recommendation of the lawyer, Katayama was surprised that the small, pale-faced man was just a young father at a loss over what to do about the accident. Although they could not find common ground, Katayama felt at ease to learn that the driver is “a normal person.” Katayama in 2000 started speaking of “the viewpoint of victims” at prisons and juvenile training schools at the request of the Justice Ministry. He has since had a dialogue with convicts eight times a month. Inmates who had killed others sometimes
[Deathpenalty] death penalty news----NEB., NEV., CALIF., ORE., USA
Sept. 7 NEBRASKA: Judge grants change of venue for Bailey Boswell's trial The jury trial of a woman accused of killing and dismembering a Lincoln woman will be moved from Wilber to Lexington. In a Saline County court filing on Friday, Judge Vicky Johnson approved the change of venue for Bailey Boswell, 25, who is facing charges of 1st-degree murder, improper disposal of human remains and conspiracy to commit murder. Boswell and Aubrey Trail, 52, are accused in the November 2017 killing and dismemberment of Sydney Loofe, 24, after prosecutors said she was lured in on Tinder, a dating app. Loofe's remains were discovered in separate bags in rural Clay County. Boswell's attorneys had previously filed the request for a new trial location, citing the "extraordinary amount of news coverage" received during Trail's trial. Her attorneys also said the publicity has made it so it will be difficult to find impartial jurors in Saline County. Her new trial date is set for March 16, 2020. Trail was found guilty of murder and conspiracy back in July. Trail waived the jury's aggravated circumstances hearing, which would have let the jury decide if his sentence could include the death penalty. With the jury now out of the picture, the decision will be left to Nebraska judges. They could decide if the crime is worthy of the death penalty or life in prison. A date for the panel's meeting has not been set, and Trail's attorneys said it could be months before a decision is made. Trail pleaded guilty to improper disposal of a body on June 17, but maintained not guilty pleas for the other 2 charges. When claiming that Boswell couldn't get a fair trial in Saline County, attorneys cited several pieces of evidence in the form of web searches for key terms on Nebraska media websites and social media. They include the following: •(a) Exhibit 5. A woman displayed a sign of support for the victim outside of the Saline County Courthouse during trial. This sign was broadcast on Omaha station Fox 42 KPTM. •(b) Exhibit 6. KOLN-KGIN TV, Lincoln and Grand Island. A search for “Sydney Loofe” on the web page yielded 144 results. •(c) Exhibit 7. WOWT, Omaha. A search for “Sydney Loofe” on the web page yielded 125 results. •(d) Exhibit 8. KMTV, Omaha. A search for “Sydney Loofe” on the web page yielded 269 results. •(e) Exhibit 9. KLKN TV, Lincoln. 390 results on the web page. •(f) Exhibit 10. KETV, Omaha. 48 results on the web page. •(g) Exhibit 11. KPTM, Omaha. 19 results (not a complete listing, according to counsel). •(h) Exhibit 12. NTV, Central Nebraska. 18 listings on the web page. •(i) Exhibit 13. NET, Statewide. 7 or 8 listings on the web page, depending on the search term. •(j) Exhibit 14. Lincoln Journal Star. 105 search results on the web page for Aubrey Trail. •(k) Exhibit 15. Beatrice Daily Sun. 123 results on the web page for Aubrey Trail. •(l) Exhibit 16. Seward Independent. 49 results on the web page. •(m) Exhibit 17. Omaha World Herald. 19 results on the web page for the last 30 days, retroactive from July 18, 2019. •(n) Exhibit 18. KOLN-KGIN Facebook page, July 29, 2019. Under a story regarding Boswell’s request for a change of venue, 12 pages of comments. There are numerous expressions of belief of Boswell’s guilt and opinions in favor of a death sentence. •(o) Exhibit 19. A different iteration of Exhibit 18. •(p) Exhibit 20. KOLN-KGIN Facebook page, no date noted. Headline: BREAKING: Aubrey Trail has been found guilty. 38 pages of comments. There are numerous expressions of belief of Boswell’s guilt and opinions in favor of a death sentence. •(q) Exhibit 21. Lincoln Journal Star, July 29, 2019. Facebook post on Boswell’s Motion to Change Venue. 17 pages of comments. There are numerous expressions of belief of Boswell’s guilt and opinions in favor of a death sentence. •(r) Exhibits 22-24. Comments of a witness regarding the unwanted publicity that she has received due to her testimony and her reluctance to testify again. •(s) The record reflects that 15 requests were received for expanded media coverage of the Trail trial. (source: foxnebraska.com) NEVADA: Nevada Man Convicted by Prosecutorial Misconduct and ‘Woefully Inadequate’ Defense Counsel Released After 33 Years on Death Row 33 years after a trial a federal appeals court described as “a mixture of disturbing prosecutorial misconduct and woefully inadequate assistance of counsel,” a Las Vegas trial court freed Paul Browning from Nevada’s death row. On August 21, 2019, Clark County District Judge Douglas Herndon — who in March had dismissing murder and related charges against Browning — ordered state corrections officials to release Browning from custody pending the outcome of the prosecution’s appeal of his order dismissing the charges. Browning’s lawyer, Tim Ford, had questioned Browning’s continued detention, arguing: “How can Mr. Browning
[Deathpenalty] death penalty news----TEXAS, FLA., ALA.
Sept. 7 TEXASimpending executions Convicted killer of 2 set for execution Fort Worth attorney Greg Westfall labeled Mark Anthony Soliz the “poster child for how stupid the death penalty is.” Former Johnson County Sheriff Bob Alford called Soliz one of the most dangerous men he ever dealt with. Barring an unlikely reprieve, Soliz will almost certainly draw his last breath sometime between 6 p.m. and midnight on Tuesday. Soliz, 37, who has spent the last 7 years on death row at the Polunsky Unit in Livingston, will be transported to Huntsville about 30 miles away where he will be put to death by lethal injection. Johnson County jurors in the 413th District Court sentenced Soliz to death on March 23, 2012, for the June 29, 2010, shooting death of Nancy Hatch Weatherly, 61, in her home near Godley. Soliz earlier that same day shot Ruben Martinez, a delivery man, in the parking lot of a Fort Worth convenience store. Rushed to John Peter Smith Hospital, Martinez died 13 days later. Soliz, at the conclusion of his trial, displayed no emotion as Judge Bill Bosworth read the jury’s verdict. Soliz’ accomplice, Jose Clemente Ramos, pleaded guilty to capital murder on Aug. 10, 2012, and received life in prison without parole. Should his date hold firm, Soliz will become the 6th person executed in Texas this year. Life on death row Robert Hurst, communications officer for the Texas Department of Criminal Justice, points left toward 3 gray buildings. “That’s death row,” Hurst said. “There’s about 210 men there now. The women, they’re kept at Gatesville.” The inmates get about six hours per week outside recreation time should they choose to take advantage of it, but always alone. Otherwise they remain in their single cells even during meals. “No TV,” Hurst said. “Some have a radio but most don’t. They can get newspapers or magazines as long as they’re approved.” TDCJ did away with the last meal request about a decade ago. “One guy requested a huge smorgasbord of food then didn’t eat any of it,” Hurst said. “After that they decided to stop doing that. So that one guy screwed it up for everyone else. Now they get a variety to choose from, usually a choice of a meat, chicken or fish dish.” 2 death row inmates are already in the small booths in the visitor’s section. One looks around occasionally but otherwise stares into space. The second ignores his chair choosing instead to poise himself in a crouched position on a small shelf beneath the phone in his booth. He alternates between looking around and reaching up to touch the ceiling. Both, Hurst explains, are either waiting for their visitors or have already had their visit and are sitting tight until someone comes to take them back to their cells. Soliz, scheduled to arrive any moment, never shows. Although he agreed several days earlier to an interview he pulls a last minute change of mind. Subsequent requests from jailers fall on deaf ears and he refuses to budge. Unfortunately, Hurst says, such is his choice. The jailers can’t force him to talk if he doesn’t want to. Hurst and his fellow workers come off surprisingly courteous and upbeat given the nature of their jobs. Attempts to contact family members of Weatherly and Martinez were also unsuccessful. The cost of justice “It was our most expensive and longest trial in the county’s history,” Johnson County District Attorney Dale Hanna said. “The expense of these type trials is just staggering.” Soliz’ trial cost the county $903,544.13, County Auditor Kirk Kirkpatrick said. Of that total, defense costs ate up $782,517.17 and prosecution expenses $120,891.13. That amount covers only Soliz’ original trial in the 413th District Court. The state footed the bill for the many appeals that followed pushing the total cost to well above $1 million. The trial involved costs that can’t be measured in dollars as well. “It took a year just to prepare for that trial,” Johnson County Assistant District Attorney Martin Strahan said. “I’ve worked on seven capital murder cases since I’ve been here but Soliz was the only death penalty case I’ve had. Fortunately, they’re pretty rare. It takes a lot out of you working a case like that, but in those situations you want to make sure you’re 100 % right. We thought, based on his record, he was a very dangerous person who would hurt other people if there was ever any chance he might be let loose, which is why we decided to go with the death penalty option.” Former Tarrant County Assistant District Attorney Christy Jack assisted the Johnson County District Attorney’s Office in the case against Soliz. This because the chain of events constituting Soliz’ crimes stretched from Tarrant to Johnson County. Jack said she’s worked several capital murder cases both as prosecuting and defense attorney. “Every one you try changes and takes a little bit out of you,” Jack said. “Because you’re
