[Deathpenalty] death penalty news----TEXAS, USA
Sept. 10 TEXASexecution Texas executes Mark Soliz for a 2010 Johnson County slaying. He said fetal alcohol disorder should have excluded him from death. Soliz and another man were convicted in the shooting death of a Johnson County woman during a robbery in her home. His lawyers pushed to stop his execution, saying fetal alcohol spectrum disorder should be treated like an intellectual disability. On Tuesday, Texas executed Mark Soliz for the 2010 home robbery and shooting death of a North Texas woman. Soliz, 37, was convicted and sentenced to death in 2012 for the murder of Nancy Weatherly, 61, and the robbery of her Johnson County home, according to court records. Prosecutors said the murder was part of an 8-day crime spree during which Soliz and another man, Jose Ramos, robbed random people at gunpoint, and Soliz killed another man. Soliz and his lawyers had long argued that his life should be spared because he had fetal alcohol spectrum disorder, which they claimed is the “functional equivalent” of an intellectual disability, a condition the U.S. Supreme Court has ruled disqualifies individuals from execution. Both state and federal courts rejected the claim during Soliz’s relatively short seven years on death row. Shortly after 6 p.m. Tuesday, Soliz was taken into the execution chamber in Huntsville and placed on a gurney. Soliz was apologetic in his final words, addressing Weatherly's family members. "I wanted to apologize for the grief and the pain that I caused y’all," Soliz said. "I’ve been considering changing my life. It took me 27 years to do so. Man, I want to apologize, I don’t know if me passing will bring y’all comfort for the pain and suffering I caused y’all. I am at peace." He was then injected with a lethal dose of pentobarbital, the only drug used in Texas executions. He was pronounced dead at 6:32 p.m. In June 2010, prosecutors said, Soliz and Ramos terrorized residents in the Fort Worth area for eight days before they were arrested on suspicion of one of several crimes, including multiple robberies, carjackings and shootings, another of which was fatal. When police interrogated Ramos about one stolen car, he began talking about another crime — in which he said the two men forced their way into Weatherly’s house in Godley at gunpoint, and Soliz shot her in the back of the head as they robbed her home. Soliz initially denied killing Weatherly, telling police he was outside by the car when he heard a gunshot and then saw Ramos exit the house. Later during the interrogation, he said he would confess “just to get this over with,” according to a 2014 ruling from the Texas Court of Criminal Appeals. A friend of Soliz’s later said he bragged to her about killing an “old lady.” Ramos received life in prison without the possibility of parole for the murder. At his trial and in his appeals to state and federal courts, Soliz repeatedly raised the claim that he should not have been executed because of his disorder. Several defense experts testified before the jury that he was diagnosed with partial fetal alcohol syndrome, which his lawyers claim caused mental impairments like lack of impulse control, serious adaptive learning deficits and hyper-suggestibility. But the testimony did not keep the jury from handing down a death sentence, and appellate courts did not interfere, partially because the claim was raised at trial and failed. But Soliz argued his execution would go against his constitutional rights and recently noted changes in what is clinically considered an intellectual disability. Legal precedent prohibits states from executing people with intellectual disabilities, but Soliz sought to expand that, saying there are so many similarities between intellectual disability and fetal alcohol spectrum disorder that the conditions should be treated the same way in capital cases. “There are striking parallels between the diagnostic criteria for intellectual disability and FASD,” Soliz’s lawyers wrote in a court filing last month. “Those afflicted with FASD should be categorically ineligible for the death penalty just as the intellectually disabled are, and Soliz’s death sentence violates his Eighth Amendment protection against cruel and unusual punishment.” The Texas Attorney General’s Office, which won the backing of the courts, countered that Soliz’s request to change legal precedent is “overbroad.” “The Supreme Court has not held that individuals with FASD are exempt from capital punishment. Consequently, Soliz seeks to create — not rely on — a new rule of constitutional law,” wrote Assistant Attorney General Jefferson Clendenin last week in response to Soliz’s last appeals. Clendenin also argued that Soliz was the leader in the crimes and was “sophisticated, calculated and dangerous.” Soliz becomes the 6th condemned inmate to be put to death this year in Texas and the 564th overall since the
[Deathpenalty] death penalty news----TEXAS
Sept. 10 TEXASimpending execution Federal Court Denies Stay for Texas Prisoner with Fetal Alcohol Syndrome Mark Soliz, who is scheduled for execution in Texas on September 10, 2019, was denied a stay and an opportunity to present a new argument related to mental impairments that his attorney says should exempt him from execution. He had sought a stay because he has fetal alcohol syndrome, a condition his attorney says is the “‘functional equivalent’ of conditions already recognized as disqualifying exemptions to the death penalty,” because his mother’s alcohol consumption during her pregnancy impaired his intellectual development. Under the U.S. Supreme Court ruling Atkins v. Virginia, people with intellectual disabilities cannot be executed. “Expansion of the Supreme Court’s holding in Atkins to protect offenders suffering from FASD [fetal alcohol spectrum disorder] is a constantly evolving doctrine that merits further consideration,” his appeal stated. He also argued that recent changes to the DSM-5, the most recent diagnostic manual used by psychiatrists and psychologists to diagnose mental illness and developmental disorders, such as intellectual disability, mean that “higher IQ scores no longer bar a diagnosis of an intellectual disability.” An earlier claim of intellectual disability was rejected because Soliz’s IQ score of 75 was slightly above the threshold for a diagnosis of intellectual disability. Soliz’s attorney, Seth Kretzer, said the execution “should certainly be stayed. … Mr. Soliz is a victim of his mother’s ingestion of harmful substances in the womb. Supreme Court doctrine will not permit the execution of people who are functionally developmentally impaired.” The U.S. Court of Appeals for the Fifth Circuit rejected his appeal and request for a stay on September 9, 2019. Texas prisoner Dexter Johnson successfully obtained a stay of execution in August, arguing that his intellectual disability claim should be reconsidered in light of the changes to the DSM. Like many death-row prisoners, Soliz experienced chronic trauma throughout his childhood. He witnessed his aunt’s murder and was surrounded by prostitution and drugs. Defense attorney Greg Westfall said of Soliz, “That case was overwhelmingly sad for everyone involved. The effects of neglect and trauma on a developing brain are becoming better known. Basically, Soliz had a monstrous childhood and should not be executed. The death penalty is stupid. It fulfills none of the promise of closure and is incredibly expensive.” Soliz’s case also highlights the excessive costs of death-penalty trials. According to Johnson County District Attorney Dale Hanna, “It was our most expensive and longest trial in the county’s history. The expense of these type trials is just staggering.” County Auditor Kirk Kirkpatrick said the trial, which ended in 2012, cost $903,544.13, not including the cost of Soliz’s incarceration or appeals. (source: Death Penalty Information Center) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
[Deathpenalty] death penalty news----worldwide
Sept. 10 INDIA: Odisha man gets death sentence for rape & murder A POCSO court in Odisha’s Jagatsinghpur district today awarded death penalty to a person for raping and murdering a minor girl, last year. The convict has been identified as Kalia Manna alias Laba. According to reports, Laba had raped and murdered a minor girl in Gadaharishpur village under Erasama police limits in the district on March 21, last year. Acting on a complaint lodged by the family members of the deceased, police had arrested Laba and forwarded him to court. Adjudicating the case, the court today pronounced capital punishment for him. (source: Odisha Sunt Times) VIETNAM: Mass killings in Vietnam ‘a cancer of the soul’ Inequality, poverty and a cultural normalization of violence are major factors behind increasing incidence of mass killings in Vietnam, experts say. On September 1, the nation was appalled and aghast as a middle-aged man coolly and remorselessly hacked four people to death in public view. The atrocity occurred in the capital city’s Dan Phuong District and its perpetrator was a 53-year-old man driven to murder by a dispute over 0.5 square meters of land. After spending a sleepless night brooding over the dispute regarding land that he had inherited with his younger brother, Dong took a knife and went on a stabbing spree. Younger brother Nguyen Van Hai and his daughter were killed on the spot. His wife and 1-year-old granddaughter were taken to the hospital and died there. His daughter-in-law is in critical condition at present. Only Hai’s son, who had met Dong the night before, managed to run away, unscathed physically. Lieutenant-Colonel Dao Trung Hieu, an expert in criminal psychology at the Ministry of Public Security, said Dong’s behavior was driven by his own violent temper as well as negative social influences. In several interviews given to the local media, Hieu said the murders were rooted in greed and self-interest in an increasingly materialistic society, which is also destroying traditional family values and ties. Serious degeneration Massacres, murders and violence of different degrees are occurring in Vietnamese society because social ethics is degenerating seriously, he said, adding, "Some call it cancer of the soul." Last year, 31-year-old Ly Dinh Khanh, who had earlier served 3 years in prison for child rape, again attempted to rape a neighbor, failed, and went on to kill her and 3 other people related to her in northern Cao Bang Province. In the same year, 18-year-old Nguyen Huu Tinh on February 13 killed 5 people in his employer’s family to avenge a scolding he had received. Hieu laid the blame at a materialistic approach to life that was exacerbated by socio-economic issues stemming from it. The gap between the rich and the poor, unemployment and other social problems make many people feel frustrated and stuck, and they are easily influenced by gangs and other negativities, especially through the Internet, he said. "A person with a good job and income is unlikely to use violence to solve conflicts, or kill and rob others," he said. Robberies and murders (robbers have killed whole families when caught in the act) account for many serious killings in the country. Other major causes include family and romantic conflicts, road rage, mental problems and drugs. On May 25, in Lam Dong Province, 48-year-old Nghiem Thi Nhi killed 3 people (an old woman and her 2 grandchildren) for revenge. On the 15th, 16th and 17th of the same month, in Hanoi and Vinh Phuc Province, 38-year-old Do Van Binh killed 2 men in a fit of road rage, and went on to kill an ex-girlfriend and injured another because of perceived hurt feelings. Many perpetrators of multiple killings are young people. Hieu said that even youth without previous criminal records have acted viciously, showing that they are unstable, imbalanced and insecure in life. Young people can also easily absorb toxic influences, play violent games and develop the habit of using violence to deal with ordinary conflicts. For this, Hieu said, the educational system and the family as an institution are to blame. At school, children are crammed with academic knowledge, but barely taught living skills. At home, parents are too wrapped up with making a living, and don’t pay attention to their children, and set bad examples of indifference and selfishness which children internalize. The massacres in recent years have happened across the country, from remote mountainous provinces in the north such as Lao Cai and Yen Bai, to southern metropolises like HCMC and Binh Duong Province, which have "complex growing populations" with significant immigration. Hieu said that financial distress was a particularly important factor in poor remote areas where people can feel deeply frustrated and even trivial conflicts in daily life may break out into full-blown violence.
[Deathpenalty] death penalty news----FLA., LA., TENN., USA
Sept. 10 FLORIDA: Confessed Parkland School Shooter Wants New Prosecutor The man who admits gunning down 17 students and staff at Marjory Stoneman Douglas High School last year wants a new prosecutor, saying the state attorney is willfully "blind to any evidence that contradicts his own conclusion that (the defendant) is evil." The defense says State Attorney Michael Satz told them in February he would not waive the death penalty; he would consider no evidence that would mitigate against a death sentence; and that the killer is "evil – worse than Ted Bundy," referring to a now-executed serial killer. Satz's "determination that (the killer) is evil does not appear to be a reasoned decision but instead a decision based on caprice and emotion," constituting "substantial misconduct," defense attorneys argue in their motion to disqualify. But, in response, the state calls the move "legally meritless," saying Broward Circuit Judge Elizabeth Scherer is being asked to do what only a governor can do – reassign a prosecution based on some perceived appearance of impropriety. The parents of Carmen Schentrup filed a lawsuit against the United States alleging that the FBI didn't do enough to prevent the Parkland tragedy, despite numerous red flags and warnings of the confessed shooter. NBC 6's Laura Rodriguez reports. The killer, Nikolas Cruz, is essentially arguing "he is entitled to a prosecutor more receptive to his offer of entering a guilty plea in exchange for a sentence of life imprisonment," the state wrote in its response. The prosecution notes a jury will decide if execution is the proper punishment for the February 2018 massacre, plans for which the killer laid out in detail on cellphone video he recorded three days prior to the killings. "Simply because the state attorney made an individualized determination to seek the death penalty and that a jury should decide what mitigation justifies something less than death – particularly when faced with such horrific facts and powerful aggravating circumstances – it is neither error nor grounds to disqualify him," the state countered. Judge Scherer said Monday she would hear argument and, perhaps, witness testimony on the matter during a hearing Friday morning. (source: nbcmiami.com) *** Jury selection begins for Granville Ritchie, accused of killing 9-year-old girl 5 years after young Felicia Williams' body was found, the man accused of killing her will head to trial. Jury selection for Granville Ritchie’s murder trial is set to begin Monday morning, and the state attorney says he will ask those jurors to consider the death penalty. Ritchie is facing capital punishment for the rape and murder of 9-year-old Felecia Williams. Williams went missing in 2014 and was later found floating in the water near the Courtney Campbell Causeway inside of a suitcase. (source: Fox News) ** Hearing in Polk County’s worst mass murder postponed until spring. Nelson Serrano was originally convicted in 2006 of the execution-style slayings of 4 people at Bartow’s Erie Manufacturing in 1997. That didn’t happen. Hurricane Dorian and a prosecutor’s health issue have pushed the court proceedings back to next spring. Assistant State Attorney Paul Wallace, who was co-counsel for the state in Serrano’s 2006 trial and is lead counsel in the resentencing, said he sought to postpone the hearing after learning he would be missing several days of work to address a health matter. At the same time, Hurricane Dorian was bearing down on southeast Florida, where defense lawyer Gregory Eisenmenger lives and has his offices. “He was concerned that he may have to evacuate,” Wallace said. “We talked about it, and we agreed it would be best just to delay it.” He said the resentencing has been tentatively set for early March. Eisenmenger wasn’t available for comment Monday. Serrano, who will be 81 this month, remains on death row at Union Correctional Institution as preparations continue for his resentencing. In 2006, a jury voted 9-3 to recommend that he be sentenced to death for the execution-style killings of George Gonzalves, 69, Serrano’s former partner in Erie Manufacturing, and Frank Dosso, 35, Diane Dosso Patisso, 27, and George Patisso, 26 — the son, daughter and son-in-law of a 2nd business partner, Phil Dosso. The 4 were gunned down in the company’s offices in the early evening of Dec. 3, 1997. Initially, law enforcement had eliminated Serrano as a suspect after he had produced evidence of being in Atlanta on business at the time of the killings. But over the next 4 years, agents with the Florida Department of Law Enforcement discovered that he had secretly returned to Florida that afternoon using aliases to book flight and rental car reservations, according to trial testimony. Agents broke his alibi when they found his fingerprint on a parking
[Deathpenalty] death penalty news----TEXAS
Sept. 10 TEXASimpending execution Mark Soliz is set to be executed for a 2010 North Texas slaying. He's said fetal alcohol disorder should exclude him from death.Soliz and another man were convicted in the shooting death of a Johnson County woman during a robbery in her home. His lawyers pushed to stop his execution, saying fetal alcohol spectrum disorder should be treated like an intellectual disability. On Tuesday, Texas is set to execute Mark Soliz for the 2010 home robbery and shooting death of a North Texas woman. If it proceeds, the execution will be the 6th in Texas this year and the 3rd in the last month. 9 more are scheduled through December. Soliz, now 37, was convicted and sentenced to death in 2012 for the murder of Nancy Weatherly, 61, and robbery of her Johnson County home, according to court records. Prosecutors said the murder was part of an eight-day crime spree during which Soliz and another man, Jose Ramos, robbed random people at gunpoint, and Soliz killed another man. Soliz and his lawyers have long argued that his life should be spared because he has fetal alcohol spectrum disorder, which they claim is the “functional equivalent” of an intellectual disability, a condition the U.S. Supreme Court has ruled disqualifies individuals from execution. Both state and federal courts have rejected the claim during Soliz’s relatively short 7 years on death row. After a federal appellate court denied his most recent appeal Monday, his lawyer said no other court proceedings had been filed to stop the execution. Texas Gov. Greg Abbott could delay the execution for 30 days, though he has never done so. In June 2010, prosecutors said, Soliz and Ramos terrorized residents in the Fort Worth area for 8 days before they were arrested on suspicion of one of several crimes, including multiple robberies, carjackings and shootings, another of which was fatal. When police interrogated Ramos about one stolen car, he began talking about another crime — in which he said the 2 men forced their way into Weatherly’s house in Godley at gunpoint, and Soliz shot her in the back of the head as they robbed her home. Soliz initially denied killing Weatherly, telling police he was outside by the car when he heard a gunshot and then saw Ramos exit the house. Later during the interrogation, he said he would confess “just to get this over with,” according to a 2014 ruling from the Texas Court of Criminal Appeals. A friend of Soliz’s later said he bragged to her about killing an “old lady.” Ramos received life in prison without the possibility of parole for the murder. At his trial and in his appeals to state and federal courts, Soliz has repeatedly raised the claim that he should not be executed because of his disorder. Several defense experts testified before the jury that he was diagnosed with partial fetal alcohol syndrome, which his lawyers claim caused mental impairments like lack of impulse control, serious adaptive learning deficits and hyper-suggestibility. But the testimony did not keep the jury from handing down a death sentence, and appellate courts have not interfered, partially because the claim was raised at trial and failed. But Soliz has argued his execution will go against his constitutional rights and recently noted changes in what is clinically considered an intellectual disability. Legal precedent prohibits states from executing people with intellectual disabilities, but Soliz has sought to expand that, saying there are so many similarities between intellectual disability and fetal alcohol spectrum disorder that the conditions should be treated the same way in capital cases. “There are striking parallels between the diagnostic criteria for intellectual disability and FASD,” Soliz’s lawyers wrote in a court filing last month. “Those afflicted with FASD should be categorically ineligible for the death penalty just as the intellectually disabled are, and Soliz’s death sentence violates his Eighth Amendment protection against cruel and unusual punishment.” The Texas Attorney General’s Office, which won the backing of the courts, countered that Soliz’s request to change legal precedent is “overbroad.” “The Supreme Court has not held that individuals with FASD are exempt from capital punishment. Consequently, Soliz seeks to create — not rely on — a new rule of constitutional law,” wrote Assistant Attorney General Jefferson Clendenin last week in response to Soliz’s last appeals. Clendenin also argued that Soliz was the leader in the crimes and was “sophisticated, calculated and dangerous.” Soliz’s execution would be the 3rd carried out by Johnson County, which sits just south of Fort Worth, since the death penalty was reinstated nationwide in the 1970s. The last one was in 2004. Texas’ 5 other executions so far this year make up more than 1/3 of the 14 that have taken place in the country. Of the 17
