[Deathpenalty] death penalty news----MO., OKLA., UTAH, CALIF., ORE.

2019-09-26 Thread Rick Halperin






Sept. 26



MISSOURIimpending execution

Ahead of Bucklew execution, lawyers meet with Parson’s office to seek 
commutation




Just 1 week before Russell Bucklew is set to be executed by the state, his 
lawyers met with members of Gov. Mike Parson’s office to seek commutation.


Bucklew, now 51, was convicted of murder in 1997 for the March 1996 shooting 
death of a man his ex-girlfriend had begun to live with. He had reportedly 
stalked, kidnapped, beat, and raped his former girlfriend, who is now deceased.


Bucklew’s attorneys maintained he is now a “fundamentally different person” 
from when he committed the crimes. They said he is “incredibly remorseful for 
his conduct and the pain and suffering he caused,” in a petition for clemency 
to the governor.


But furthermore, his attorneys alleged if the state continues with its plan to 
execute Bucklew by lethal injection on Oct. 1, he will suffer an 
“excruciatingly painful death” because of “unstable” tumors filled with blood 
in his face, head, and throat. He suffers from a rare, incurable disease called 
“cavernous hemangioma.”


“Russell’s compromised medical condition make[s] it highly likely that the 
state’s protocol will cause a visually gruesome execution that will traumatize 
corrections personnel and witnesses alike,” his attorneys alleged, providing 
pictures of Bucklew’s face in the petition.


Bucklew’s attorneys met with members of the Governor’s Office Monday to ask he 
take into consideration a host of factors — his unique medical condition, a 
“false” psychiatric diagnosis during trial, and his remorse — in considering 
clemency.


Laurence E. Komp, a federal public defender, praised those at the meeting for a 
“productive” session.


“We’re thankful for the opportunity to present to them. I found they were 
prepared and asked the kinds of questions you would expect anybody entrusted 
with advising the governor. I felt it was a positive meeting,” Komp told The 
Missouri Times. “What does that mean? I don’t know. I felt we were appreciative 
of the opportunity.”


“We readily acknowledge that this is a horrible tragedy, and there is a just 
punishment. Our dispute is that the appropriate punishment in this case is not 
the death penalty,” Komp said.


“The Governor takes seriously both his duty and responsibility to see that 
lawfully entered capital sentences are carried out in accordance with state 
law,” Kelli Jones, Parson’s spokeswoman said in a statement. “Each case of 
capital punishment will be thoroughly reviewed before any decision for pardon 
or clemency is made.”


Jones noted, however, the Republican governor “has consistently supported 
capital punishment when merited by the circumstances and all other legal 
remedies have been exhausted and when due process has been satisfied.”


Elyse Max, the state director for Missourians for Alternatives to the Death 
Penalty (MADP) said this case in particular could be a “stain” for Parson and 
sets up Missouri to “define what is torture for the rest of the nation” when it 
comes to capital punishment.


“This case is particularly troublesome because with the medical condition of 
Russell Bucklew, we know it’s going to be a particularly tortuous execution,” 
Max told The Missouri Times, noting MADP has planned a rally in the Capitol 
building with citizens and lawmakers Thursday.


Bucklew’s case went all the way to the U.S. Supreme Court. In April, the 
nation’s highest court issued a narrow ruling against Bucklew’s request for a 
different manner of execution.


Should the state continue with its plans for execution next week, Bucklew will 
become the 89th person to be put to death in Missouri since the U.S. Supreme 
Court reaffirmed the use of capital punishment in 1976. He will be the 1st 
under the Parson administration.


But Bucklew’s attorneys argue that he is reformed and not a danger to others.

“Russell is now 51-years-old, suffers from a host of debilitating medical 
infirmities and has demonstrated through his actions that commuting his death 
sentence would be an act of compassion leading to just punishment,” the 
petition said.


Bucklew is being held at the Potosi Correctional Center near Mineral Point.

Aside from Bucklew, there are 22 other people in Missouri who are capital 
offenders, according to the Missouri Department of Corrections.


Missouri allows the death penalty — by lethal injection or gas — which is 
overseen by the Department of Corrections. The death penalty can be imposed on 
individuals who are at least 18 years old and found to have deliberately 
committed first-degree murder, a class A felony.


The law instructs jurors to consider certain evidence, including the 
perpetrator’s past record, when considering the death penalty.


Individuals who are found to have a mental disease or inability to “understand 
the nature and purpose of the punishment about to be imposed upon him or 
matters in extenuation, arguments for clemency or reasons 

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

2019-09-26 Thread Rick Halperin






Sept. 26



TEXASexecution

Texas executes Robert Sparks after brutal deaths of his stepsons, 
wifeSparks was convicted in the 2007 stabbing deaths of his family members 
in his Dallas home. His lawyers sought to stop his execution with arguments of 
intellectual disability and a jury tainted by a bailiff wearing a syringe tie.




12 years ago, Robert Sparks told police he killed his wife and 2 stepsons, ages 
10 and 9, by repeatedly stabbing them in their Dallas home in the middle of the 
night. He then confessed to raping his 12- and 14-year-old stepdaughters.


He told investigators his family had been poisoning him; he wanted to be tested 
for poison and for the girls to undergo polygraph tests, according to court 
records. He said a voice told him to kill his family.


On Wednesday, Sparks, 45, was executed for the deaths of his stepsons, Raekwon 
Agnew and Harold Sublet Jr. His siblings and nephew watched through a viewing 
glass in one room, according to a prison witness list. 7 of the victims' family 
members — including the 2 women he raped as girls and Harold's father — had 
indicated they would watch from a room next door. But only six actually did so, 
according to a spokesperson, who did not know which relative was absent.


“I am sorry for the hard times and what hurts me is that I hurt y’all," he told 
his family in his final statement. "... I love y’all. I am ready.”


At 6:39 p.m., he was pronounced dead on a prison gurney, 23 minutes after being 
injected with a lethal dose of pentobarbital.


Starks' lawyers fought until the end for more time and resources to fully 
prepare a filing arguing that Sparks was intellectually disabled, which would 
have legally barred him from execution. And they had long contended his trial 
was tainted by false testimony and a bailiff who wore a tie with a syringe on 
it during jury deliberations. The U.S. Supreme Court denied his final appeal 
about an hour before his execution was scheduled to begin, but Justice Sonia 
Sotomayor took note of the bailiff's attire, calling it "disturbing."


"That an officer of the court conducted himself in such a manner is deeply 
troubling," she wrote in the order, though she didn't disagree with the court's 
denial since legal issues with the tie had already been argued in lower courts. 
"I nevertheless hope that presiding judges aware of this kind of behavior would 
see fit to intervene in future cases by completely removing the offending item 
or court officer from the jury’s presence."


Sparks was diagnosed as psychotic with delusions and with schizoaffective 
disorder, according to court records. At his trial, Dallas County prosecutors 
detailed how Sparks called police after the murders and later confessed on tape 
to killing the boys, as well as his wife, Chare Agnew. According to WFAA-TV, 
Sparks said he had been recording his family because he thought they were 
poisoning him, and he threatened to kill Agnew if he found out she had been.


When everyone was asleep in September 2007, he stabbed his wife 18 times in 
their bed, court records state. He then woke the boys and stabbed them 
repeatedly — Harold at least 45 times.


At the trial, emotions ran high. The court was disrupted several times by 
Harold’s father, who jumped up and ran toward Sparks when attorneys detailed 
how his son died, according to court records. A large blade found in the 
gallery disrupted court proceedings one day. And closing arguments were delayed 
in the guilt phase of the trial after Sparks apparently tried to kill himself, 
The Dallas Morning News reported. Ultimately, he was convicted of capital 
murder and sentenced to death in December 2008.


In recent court filings, Sparks’ attorneys asked for funds to hire a 
neuropsychologist to determine if Sparks was intellectually disabled. They said 
things like an IQ score of 75 (a borderline number for the disability), his 
struggle in special education classes, and poor learning and memory indicate a 
strong possibility Sparks would be ineligible for the death penalty under U.S. 
Supreme Court precedent that forbids execution of the intellectually disabled.


“Without a stay of execution, it is likely that Texas will execute an 
intellectually disabled man,” Sparks’ attorney, Jonathan Landers, wrote in a 
federal district court filing.


Intellectual disability is often discussed in Texas death penalty cases since 
the U.S. Supreme Court slammed Texas for a second time in February and 
invalidated its method of determining whether a death penalty inmate is 
disabled. Sparks’ lawyers said the appeal wasn’t brought forward earlier 
because Texas’ old method of determining intellectual disability was more 
restrictive than current medical standards. They argued that now Sparks’ low 
functioning, in addition to his borderline IQ of 75, “necessitates a full 
intellectual disability analysis.”


A federal district court judge denied the request for funds and a stop to his