[Deathpenalty] death penalty news----FLA., MO., USA
Sept. 30 FLORIDA: Sievers murder trial set to start Tuesday at the Fort Myers courthouse In a matter of days, two of the people accused of murdering a beloved doctor are expected to finally face justice. Teresa Sievers was murdered 4 years ago. Mark Sievers, 51, and Jimmy Rodgers, 29, will go on trial for the murder of the doctor on Tuesday morning. If convicted, they could face the death penalty. Teresa’s husband, Mark, is accused of hiring Wayne Wright, who is also suspected of hiring Jimmy to carry out the murders. Just twenty days before her murder, Teresa told Mark his “helicoptering is making her crazy.” She goes on to say he cares more about her than himself. However, it is the text message that Mark sent on the morning of her murder that is eerie. He told her, “Good morning babe. I love you.” Teresa, 46, had the back of her head bashed in and was found face down on the kitchen floor on June 29, 2015. Lee County Sheriff’s Office deputies said her husband orchestrated the entire murder. He even took out 5 insurance policies on his wife, worth a combined total of $4 million. Initially, the judge set a trial date for June 3, but it was backed due to delayed DNA reports and dozens of motions that had not been sorted through yet. In August, attorneys for Mark and Jimmy said they received 4,700 pages of discovery from the Federal Bureau of Investigation evidence analysis report and need more time to review them. Mark’s attorney said they are not ready for a Tuesday trial due to the severance motion granted to Rodgers. That means this allows him to have a separate trial from Mark. “Every time we come to court, we receive more and more material,” said Kathleen Fitzgeorge, the attorney for Jimmy. “We can’t go right up to Oct. 1 wondering if we’re going to be to be ready or not.” “The expert may go through 2000 of those pages in a day and decide it’s worthless,” said Bruce Kyle, the Lee County judge presiding over the case. “I need more information; he needs to review it; we’re still set for trial. Motion denied.” There are many reasons why this trial is taking so long. We have also received new details in the murder case. Mark and his attorney tried to keep the jury from seeing extremely graphic pictures from the crime scene, but the judge denied that motion. (source: WINK news) * Family remembers 9-year-old Felecia Williams after jury recommends death for her killer A day after the jury recommended death for the man convicted of murdering 9-year-old Felicia Williams, her family is working to keep her memory alive. "She was a great person, lovable, sweet, kind," said Jenny Brinson, her aunt. The family gathered Sunday, sharing memories of the young girl. "My sister was the best and she had so much to offer the world. It’s really sad the way she left this world, but she’s in a better place you know and her legacy will live on forever in our hearts," said her sister, Mecia Williams. "I just want my sister to know that I love her I’m so proud of her that she put up a good fight until the very end and that I will never ever ever forget her," said her sister, Charlecia Adams. This week, a jury convicted Granville Ritchie of sexually battering and killing Williams. The jury unanimously recommended he receive the death penalty. Following the verdict, her mother says justice has been served. "As long as I know he’s in that box for the rest of his life, that’s all I care about because my daughter is up under all that dirt in a box for the rest of her life," said Felecia Demerson on Friday. One day later, loved ones are focused on the little girl's life. "We're still gonna keep her name alive and we’re still gonna celebrate her. I’m gonna celebrate her til the day I die," said Brinson. "And I want people to remember we can prevent stuff like this from happening. I want you all to say her name. I want you to be on the lookout I want you to protect your neighbor’s children," said Mecia Williams. (source: ABC News) MISSOURIimpending execution Death Penalty Opponents Rally to Prevent Scheduled Execution Death penalty opponents have mobilized in an attempt to block next week’s scheduled execution of Missouri inmate Russell Bucklew. He’s been sentenced to death for the 1996 murder of Michael Sanders of southeast Missouri’s Cape Girardeau. Missourians for Alternatives to the Death Penalty, the NAACP, ACLU, and others want Governor Parson to stop Bucklew’s execution and argue that his brain condition could cause him to suffer a cruel death. Missourians for Alternatives to the Death Penalty says it intends to host a watch party for Becklew. They say they will mourn when he dies or rejoice if Gov. Parson spares him. Russell Bucklew also severely attacked his ex-girlfriend and beat two of her relatives over the heads with a hammer. Parson spokesperson Kelli Jones says the governor has
[Deathpenalty] death penalty news----FLA., MO., OKLA., KAN., USA
June 27 FLORIDA: Attorney Raises ‘Judicial Activism’ in Key Death Penalty CaseThe filing, in the case of convicted murderer Duane Eugene Owen, comes as a revamped Supreme Court is exploring whether to reverse course on decisions that allowed dozens of convicted murderers to have their death sentences reconsidered. Reversing the state’s retroactive consideration of certain death penalty cases would amount to “the most egregious judicial activism in the history of Florida,” a lawyer for a death row inmate argued in a brief filed with the Florida Supreme Court. The filing, in the case of convicted murderer Duane Eugene Owen, comes as a revamped Supreme Court is exploring whether to reverse course on decisions that allowed dozens of convicted murderers to have their death sentences reconsidered. The justices are looking at the issue after Gov. Ron DeSantis reshaped the Supreme Court early this year, turning what had been widely viewed as a liberal-leaning majority into a court dominated by conservative justices. The issue stems, in large part, from rulings in 2016 by the U.S. Supreme Court and the Florida Supreme Court about the state’s death penalty sentencing system. In the case of Hurst v. Florida, the U.S. Supreme Court ruled that the state’s death penalty sentencing system was unconstitutional because it gave too much power to judges, instead of juries, in deciding whether defendants should be sent to death row. That ruling, premised on a 2002 decision in Ring v. Arizona, led to sentencing changes, including requiring that juries be unanimous in finding necessary facts and in recommending imposition of the death penalty. In a pair of decisions in December 2016, the Florida Supreme Court decided that the sentencing changes would apply retroactively to cases that became final after the 2002 Ring ruling. Resentencing should only be an option for cases in which jury recommendations for death were not unanimous, the court also decided. But the revamped Florida court in April ordered Owen’s lawyer and the state to address the retroactivity issue. That prompted Attorney General Ashley Moody’s office to urge the justices to make a relatively rare move of receding from the previous retroactivity rulings in what are known as the Mosley and Asay cases. Moody’s office said the Supreme Court should rule that the death penalty sentencing changes should apply only to new cases, not retroactively to older cases. Moody’s office also contended that “stare decisis,” the concept of relying on court precedent, should not prevent the Supreme Court from revisiting the issue. “The decisions in Asay and Mosley were premised on ignoring long standing existing precedent without justification,” the attorney general’s brief said. “Consequently, neither should be protected by stare decisis.” But the “presumption in favor of stare decisis is strong,” Owen’s lawyer, James L. Driscoll, argued, relying on previous court rulings. “The citizens have the right to rely on the death penalty being imposed or maintained under a constitutional system in a fair and non-arbitrary manner. Each pre-Hurst condemned individual was denied that,” Driscoll wrote in the 21-page reply brief Monday. “This court should never reverse stare decisis when the result would be to take away the availability of a remedy for constitutional violations that cause unfairness and unreliability.” Roughly a third of the inmates resentenced since the 2016 retroactivity decisions have received life sentences instead of the death penalty, according to Driscoll. The state “offers no compelling reason” for the court “to take the extraordinary step of overturning its precedent,” he wrote. “The state has invited this court to engage in the most egregious judicial activism in the history of Florida,” Driscoll wrote. “If this court accepts the state’s invitation, the ability of individuals to seek a remedy for state and federal constitutional violations will be hindered for generations. … This court should avoid judicial activism, maintain stare decisis and apply Florida’s consistent and workable retroactivity framework.” Owen, 58, has spent more than three decades on death row after being convicted of the 1984 rape and murder of Georgianna Worden in Palm Beach County. Driscoll also argued that retroactivity should apply to all of the state’s death row inmates, not just those whose sentences were final by 2002. Cases with resentencing since the Hurst decision “show that what previously produced a death sentence would not necessarily do so now,” he argued. (source: law.com) ** State pushes hard for death penalty for Donald Davidson1 witness remains before judge sentences man for 2014 murder in Middleburg The fact Donald Davidson pleaded guilty to killing 37-year-old Roseann Welsh in her Middleburg home 5 years didn’t keep some of the horrifying
[Deathpenalty] death penalty news----FLA., MO.
August 22 FLORIDAimpending execution Catholic bishops call on Gov. Scott to halt scheduled executionIt has been 20 months since an inmate has been executed in Florida, and the state's Catholic bishops are calling on Gov. Rick Scott to halt Thursday's scheduled execution of Mark James Asay. In a letter delivered to Scott Monday, Michael Sheedy, executive director of the Florida Conference of Catholic Bishops, wrote: "Indeed, Mr. Asay's violent acts call out for justice and should be condemned. However, life without parole is an alternative and severe sentence. We hold that if non-lethal means are available to keep society safe from an aggressor, then authority must limit itself to such means." After a lengthy suspension of Florida's troubled death penalty system due to legal challenges and actions by the Legislature,, Asay, 53, is scheduled to die at 6 p.m. Thursday at Florida State Prison in Starke for the murders of 2 men, Robert Booker and Robert McDowell, in Jacksonville in 1987. Booker, who was African-American, was shot in the abdomen after he and Asay had a racially-charged confrontation outside a bar. In a summary of the case, the state Supreme Court quoted Asay as having used the N-word 3 times. Asay has been on death row since 1988, and his lawyers have repeatedly tried without success to prevent his execution. The lawyers unsuccessfully petitioned the Florida Supreme Court for access to the bullets that killed Asay's 2 victims, and they sought a rehearing based on the court's acknowledgement that it incorrectly identified McDowell as black, when he was white or Hispanic. Asay will be the 1st white inmate to be executed for the killing of an African-American in Florida history. His sister, Gloria Dean, tells a Jacksonville TV station that her brother joined a white supremacist prison gang in Texas for his own protection, but that he is not a racist and that the killings were not racially motivated. Bishops in Florida have consistently opposed the death penalty for decades, without success. Prior to Asay's execution, the bishops said, prayer vigils will be held at locations around the state, including Miami, Miami Shores, Pompano Beach, Inverness and on Tampa radio station WBVM 90.5. Asay is one of 362 inmates on Florida's death row. Scott has signed more death warrants than any other governor since the state reinstituted the death penalty in the 1970s. (source: Tampa Bay Times) *** Florida execution machine ready to kill again It is a tale of 2 states. 1 is modern and internationally connected, linked to the rest of the world through trade and tourism and known for its health, software and space technology industries. The other is an outlier state stuck in the past, connected to a punishment which in the 21st century sets it apart from much of the world. Both are the US State of Florida, which is on the brink of conducting its first judicial killing in a year and a half, even as much of the country has turned against this cruel policy. 'Bold, positive change'? 4 years ago, Governor Rick Scott promised 'bold, positive change' for Florida. However, not when it comes to the death penalty apparently. In March 2017, State Attorney Aramis Ayala - the 1st African American to be elected to this position in Florida - decided not to pursue the death penalty because of its clear flaws. In response, Governor Scott ordered her to be replaced with a prosecutor willing to see executions carried out. Since then the governor has transferred 27 capital murder cases to Ayala's replacement. 2 of these cases have already resulted in juries voting for death sentences. Ready to kill again From Thursday 24 August, the Florida execution machine will be ready to kill again. The prisoner who will be first in line for lethal injection is Mark Asay, sent to death row in 1988. Alaya and her successor have taken very different stands in Florida. She has acted to drop the death penalty, which is a waste of resources, prone to discrimination, arbitrariness and error, and makes promises to murder victims' families it cannot keep. But her successor wants to crank up the machinery of death. We know which side we're on: ending the death penalty for good is the only approach consistent with international human rights principles. The alternative is not. (source: amnesty.org.uk) MISSOURIstay of impending execution Missouri governor issues say of execution for Marcellus Williams Missouri Gov. Eric Greitens Tuesday issued a stay of execution for Marcellus Williams. In a release early Tuesday afternoon, Greitens said new information prompted him to issue the stay and appoint a Gubernatorial Board of Inquiry for Williams. "A sentence of death is the ultimate, permanent punishment. To carry out the death penalty, the people of Missouri must have confidence in the judgment of guilt," Greitens said in
[Deathpenalty] death penalty news----FLA., MO., ARIZ.
August 15 FLORIDAimpending execution Florida Supreme Court says yes to 1st execution in months The Florida Supreme Court is refusing to block the state's 1st execution after a hiatus of more than 18 months. The court on Monday ruled 6-1 that the state can go ahead with the scheduled Aug. 24 execution of Mark Asay. Asay, 53, was originally scheduled to be executed in March 2016, for the 1987 murders of Robert Lee Booker and Robert McDowell in Jacksonville. The execution was put on hold after the U.S. Supreme Court found the state's death penalty sentencing law unconstitutional. The Legislature has since twice changed the law, most recently this year when it required a unanimous jury recommendation for the death penalty. Justices rejected several arguments that Asay made to block his execution, including his questioning of a new drug the state plans to use for lethal injection. (source: Associated Press) ** Penalty phase begins in Sean Bush trial Less than 2 weeks after convicting Sean Alonzo Bush of 1st-degree murder for the 2011 killing of his estranged wife, Nicole Bush, jurors were back in a St. Johns County courtroom Monday morning to begin the process of determining his fate. The 7th Circuit State Attorney's Office is seeking the death penalty in Bush's case. Circuit Judge Howard Maltz told jurors they could expect to hear about 3 days of testimony during the penalty phase of the trial. This is the 1st death penalty case in the county since the state Legislature earlier this year passed a new law in the wake of higher court decisions requiring all 12 jurors to vote for a death sentence. Prior to a January 2016 decision from the U.S. Supreme Court, and subsequent rulings from the Florida Supreme Court, judges could sentence a defendant to death with only a majority of jurors voting for a recommendation of the death penalty. Monday's proceedings got off to a fairly quick start with an opening statement from Assistant State Attorney Mark Johnson, in which he told jurors there were 5 "aggravating circumstances" in the murder of the 35-year-old mother of 2. Those factors, Johnson said, included that Sean Bush had been previously convicted of aggravated assault for trying to kill a previous wife and Sean Bush's murder of Nicole Bush was committed while in the commission of burglary, done for financial gain, and was "especially heinous, atrocious and cruel." "Our case today won't take very long," he said, promising he and Assistant State Attorney Jennifer Dunton would be done presenting their case before lunchtime. They made good on their promise. Johnson said he would call no witnesses to reiterate testimony from the guilt phase of the trial in which jurors learned Nicole Bush was shot 5 times in the head and face, beaten with an aluminum baseball bat, and stabbed before being left for dead in her Julington Creek townhome. He also told jurors their guilty verdict on an associated burglary charge and the testimony they had already heard about Nicole Bush's life insurance policies (totalling more than $800,000 with Sean Bush still listed as a beneficiary) should be sufficient to convince them of the burglary and financial gain assertions. But Johnson and Dunton did call the ex-wife, who testified that during a "romantic evening" in April 2000, while relaxing in a hot tub, Sean Bush, after asking her to close her eyes because he had a surprise for her, threw an "electrically charged rod" into the tub of water. With sparks flying and her back burning, the woman said, she jumped from the tub only to have Sean Bush pin her against the wall and choke her. When the couple's 3-year-old daughter pushed her way into the bathroom, the woman testified, she was eventually able to get away and call police. Prosecutors also called a girlfriend of Sean Bush's who testified more than a year before Nicole Bush was killed, he expressed a desire to kill her and had asked for help obtaining a gun, though it had been refused. Dunton and Johnson finished the presentation of their case with tearful impact statements from Nicole Bush's mom, sister and friend, who, in prepared statements, each told jurors of the hurt and loss they have dealt with in the 6 years since her death. With the state resting their case before lunch, jurors still had time to hear the opening statement from defense counsel, Rosemarie Peoples, with the Public Defender's Office, who told them that, with their guilty verdict, they had already decided Sean Bush will spend the rest of his life in prison, but could still spare him a death sentence. After working her way through a series of objections from Johnson, who took issue with what he perceived as Peoples arguing rather than previewing the evidence the defense would present, Peoples told jurors they would hear Sean Bush was negatively impacted by a childhood in which he was raised by a
[Deathpenalty] death penalty news----FLA., MO., OKLA.
Jan. 14 FLORIDAimpending execution Florida asks court to deny inmate's execution-delay request Florida asked the state's high court on Thursday to reject a condemned inmate's request to delay his execution based on the U.S. Supreme Court's finding that its procedure for imposing the death penalty is illegal. Florida Attorney General Pam Bondi's office said the U.S. Supreme Court's finding should not be applied retroactively to already-settled death penalty cases. Ruling on the Hurst v. Florida case Tuesday, the nation's highest court ruled 8-1 that Florida's procedure is flawed because it allows judges, not juries, to decide death sentences. Michael Lambrix is scheduled to be executed by lethal injection on Feb. 11, and there are questions about how the Supreme Court's ruling will affect his case and those of Florida's 390 death row inmates. Lambrix was sentenced to death for the 1983 slayings of 2 people he met at a bar. Prosecutors said he killed them after inviting them home for a spaghetti dinner. Attorneys for Lambrix cited the ruling in their request for a new sentencing hearing. "The potential retroactivity of Hurst ... to Mr. Lambrix's ... case and potentially to many, many other cases ... is an issue that demands ... an oral argument before this Court," Lambrix's attorney William Hennis wrote. In its reply, Bondi's office cited a previous U.S. Supreme Court ruling on a similar Arizona case to bolster its argument that the court's decisions cannot be applied retroactively to condemned inmates who have already exhausted their appeals. "Lambrix's request for a stay should be denied," Bondi's office wrote. "It is time for Lambrix's sentence for these brutal murders to be carried out." It wasn't clear when the court would rule. (source: Associated Press) MISSOURI: Cape Republican co-sponsors bill to end death penalty State Rep. Kathy Swan wants to see the Missouri Legislature repeal the death penalty. Swan is 1 of 5 Republican lawmakers and one Democratic representative who have signed on to the bill. In addition, the measure would mandate any person sentenced to death before Aug. 28, 2016, be given life imprisonment without eligibility for probation or parole, except by act of the governor. The Cape Girardeau Republican said her co-sponsorship of the bill is rooted in her pro-life beliefs. "Pro life doesn't just mean pro-life at conception," said Swan, who is Catholic and the only House member from Southeast Missouri to back the bill. The Roman Catholic Church repeatedly has come out against the death penalty. She acknowledged past legislative efforts in the state House have failed to garner enough votes to repeal the death penalty. But she said such legislation at least has started the "conversation." She added, "It creates an awareness about this issue." Swan said, "I am absolutely not soft on crime." But she insisted there is no justification for the death penalty, regardless of how horrific the crime. If this bill, HB 2064, became law, convicted murderer Russell Bucklew would not be executed. Bucklew is on death row for the 1996 killing of a man during a crime spree in Southeast Missouri. Bucklew was convicted in 1997 for fatally shooting Michael Sanders of Cape Girardeau County in front of his 2 young sons, then kidnapping Sanders' girlfriend at gunpoint and raping her. Bucklew had his death sentence stayed by the U.S. Supreme Court in May 2014. Attorneys for Bucklew and fellow Missouri death-row inmate Ernest L. Johnson claim medical conditions would make lethal injection too painful and have suggested the gas chamber as an alternative way to carry out their death sentences. Bucklew's attorneys also have suggested death by firing squad. State Rep. T.J. Berry, a Republican from Kearney, is the chief sponsor of the bill. Berry, who proposed similar legislation last year, has argued the death penalty is not a deterrent to crime when it takes an average of more than 18 years to execute someone. (source: Southeast Missourian) OKLAHOMA: Pittsburg County Killer nears execution as Federal Court rejects appeal despite claims of mental illness A Pittsburg County Killer will be executed soon as a federal court rejects his appeal for habeas relief. Judges said that the man could have avoided death penalty if jury learned about his mental illness. A man from Pittsburg County convicted of double slaying received a death penalty and will be executed soon, reported News 9. On Monday, the 10th U.S. Circuit Court of Appeals rejected petitions made by James Chandler Ryder, also known as Mitch Ryder. Ryder, 53 years old, was pronounced guilty of murdering Daisy and Sam Hallum in 1999 in Pittsburg County. The court maintained the decision to convict Ryder with death penalty. There were claims that Ryder's lawyer did not thoroughly probe his mental health and ability to undergo trial. Judges
[Deathpenalty] death penalty news----FLA., MO., COLO., IDAHO, ARIZ., ORE.
Nov. 26 FLORIDA: Prosecutors cite 5 factors in asking for Mesac Damas to be put to death Prosecutors intend to cite 5 aggravating factors as the reasons why Mesac Damas should be put to death in the killings of his wife and 5 children, according to court documents filed Tuesday. The disclosure of aggravating factors before trial is a routine requirement of death penalty cases. None of the 5 factors cited are a surprise given the known facts of the case. Damas is charged with 6 counts of 1st-degree murder in the September 2009 deaths at his North Naples home. The 39-year-old has confessed to the killings in statements to the Daily News. The 5 factors that warrant the death penalty, prosecutors said, are that Damas was previously convicted of a felony involving violence; all 6 of the killings were committed in a cold, calculating and premeditated manner; 5 of the victims were younger than 12 years old; 5 of the victims were children of Damas; and 3 of the killings were especially heinous, atrocious or cruel. No trial date has been scheduled because the case has been temporary put on hold pending a U.S. Supreme Court ruling. The high-court case deals with the constitutionality of Florida's death penalty laws. (source: Naples News) MISSOURI: MO High Court Tosses 25-Year-Old Death Sentence The Missouri Supreme Court on Tuesday threw out the double-murder conviction of a man who faced the death penalty in the killing of 2 sisters in 1991. In a 4-3, 118-page decision, the state's high court sent Reginald Clemons' case back to the state court. Clemons was 1 of 4 men convicted of raping and killing Julie Kerry, 20, and Robin Kerry, 19. The Kerrys took their cousin, Thomas Cummins, then 19, to the old unused Chain of Rocks Bridge spanning the Mississippi River between Missouri and Illinois to show him a poem they had written there. On the bridge they encountered a group of men that allegedly included Clemons, who raped the sisters and forced them and Cummins off the bridge. Only Cummins survived the plunge into the river. The majority opinion cited the finding of Michael Manner, a retired judge appointed by the court to review the case, who concluded that prosecutors wrongly suppressed evidence and that detectives beat Clemons in order to coerce a confession out of him. "Here, the fact that the trial court denied Mr. Clemons' claim in his motion to suppress that his confession was physically coerced and allowed into evidence Mr. Clemons' confession without having the benefit of [probation officer] Mr. [Warren] Weeks' testimony substantially supports the master's finding that Mr. Clemons was not given a 'fair trial,'" Chief Justice Patricia Breckenridge wrote. "This is particularly true in light of the fact the trial court's primary basis for not suppressing Mr. Clemons' confession was because Mr. Clemons could not prove at whose hands and when he suffered his injury." Justices Laura Denvir Stith, Richard B. Teitelman and Special Judge Lisa White Hardwick made up the majority opinion. But Justices Paul C. Wilson, Zel M. Fischer and Mary R. Russell dissented, concluding there was no failure to produce evidence by the state. "Free to tell anyone what he remembered, Weeks never contacted Clemons' counsel, and they never contacted him," Wilson wrote in the 66-page dissent. "Clemons, of course, knows best who he met with in the hours and days following the interrogation, particularly those who volunteered remarks about an apparent injury to Clemons' face. Yet defense counsel made no effort to depose Weeks prior to Clemons' suppression hearing and trial, even though the state disclosed him as a potential witness and disclosed that he had been working at PTR in the early morning of April 8 when Clemons was booked." Prosecutors have 60 days to retry the case. In a statement emailed to the St. Louis Post-Dispatch, St. Louis Circuit Attorney Jennifer Joyce said her staff would review the decision. "As this crime occurred almost 25 years ago, we will need to review the state's evidence, determine the availability of witnesses and reporting officers in the case, and discuss our options with the victims' family," Joyce said. "Once we have completed this process, we will then determine the appropriate course of action within the allotted period of time." She added, "Our thoughts and prayers are with the friends and family of Julie and Robin Kerry." A representative for Missouri Attorney General Chris Koster told the Post-Dispatch that the office is still reviewing the decision. (source: Coyurthouse News) COLORADO: Dexter Lewis files notice of appeal in Denver bar massacreLewis was convicted of stabbing five people to death in a Denver bar but avoided death penalty in sentencing Attorneys have filed a notice of appeal for a man convicted of stabbing 5 people to death in a Denver bar. In August, a Denver jury
[Deathpenalty] death penalty news----FLA., MO., CALIF., USA
July 10 FLORIDA: Florida Supreme Court upholds conviction, death sentence of killer Delmer Smith The Florida Supreme Court has upheld the conviction and death sentence for killer Delmer Smith. A jury convicted Smith on Aug. 2, 2012 of the 1st-degree murder of Kathleen Briles. Briles was beaten to death with her cast-iron antique sewing machine in her Terra Ceia home on Aug. 9, 2009. With a unanimous recommendation from the jury, Circuit Judge Peter Dubensky sentenced Smith to death on May 28, 2013. After a thorough review of all the issues raised by Smith, and after our own independent review of the proportionality of Smith's sentence of death, we affirm Smith's conviction for first-degree murder and sentence of death, the justices wrote in their opinion filed Thursday. Smith's appeal is based on claims that he was entitled to relief because the trial court made mistakes in denying his motion for judgment of acquittal, denying his motion for mistrial, in permitting one inmate to testify that he threatened a witness, denying a continuance, failed to find the murder heinous, atrocious or cruel, rejecting 2 proposed mitigating factors and that the state's death penalty scheme is unconstitutional. In regard to Smith's motion for a judgement of acquittal, the Supreme Court concluded that the trial court did not make a mistake in its denial, and that the substantial evidence and lack of a reasonable hypothesis supported a guilty verdict by the jury. Smith's claim for a motion for a mistrial was based on a reference a detective made during the trial of an investigation in Sarasota. The Supreme Court ruled in agreement with the trial court that the detective did not imply that Smith was the focus of the investigation. Smith is also serving a life-term prison sentence for the violent kidnapping of a woman and home invasion robbery in Sarasota about five months before the murder of Briles. With regard to an inmate being allowed to testify that Smith had threatened a witness, the justices ruled it was relevant in establishing guilt and that it was up to the jury to determine the weight to give that evidence. Smith's claim for his motion to continue on the eve of the trial, which was denied, was they wanted to acquire their own fingerprint expert to review the Briles' medical encyclopedia found in Smith's possession. The defense also amended the late request in order to secure a witness without any proffer as to what that testimony would provide. Based on this record, we hold that Smith has failed to show any abuse of discretion in the denial of the motion to continue or any specific prejudice as a result, the justices wrote. As it pertains to the medical encyclopedia, based on a specific request from Smith's attorney, the fingerprint expert retained by the State reviewed every page within the book for fingerprints and Smith fails to allege how another examination of the book would have assisted his defense. Smith argued in his appeal that Briles' murder was proven to be heinous, atrocious or cruel based on the medical examiner's testimony because she was lying face down when she was beaten so she could not see him, and that the 1st blow with the sewing machine could have left her unconscious. The testimony from trial ... supports the trial court's conclusion that the crime began when the victim was 'accosted' outside of her home and then 'incapacitated in her own home.' She was bound with duct tape with 'her hands ... together and bound behind her back, and her legs around the ankles also bound.' Duct tape also covered her mouth so that not only was she rendered completely helpless but she could not cry out. As she was not blindfolded, she was able to see the events transpire around her. Smith's appeal also alleged that, during the penalty phase, the court failed to establish the felony murder was not committed while he was under the influence of an extreme mental or emotional disturbance and his ability to understand what he was doing was criminal. The Supreme Court ruled that these mitigators were not based on credible determinations. The opinion also denies that the death penalty was unconstitutional in this case because Smith had prior violent felony convictions and the jury unanimously recommended the sentence of death. The Supreme Court also weighed all the facts and factors in the case found that the death penalty was proportional. (source: Bradenton Herald) Renewed hope for ending death penalty The U.S. Supreme Court opinion that upheld a controversial lethal injection procedure used in Florida included dissents from 2 justices who said the death penalty is likely unconstitutional and practically invited an appeal to revisit the issue. The U.S. Supreme Court opinion that upheld a controversial lethal injection procedure used in Florida was notable for 2 other reasons. It included dissents
[Deathpenalty] death penalty news----FLA., MO., IDAHO, CALIF., USA
Dec. 1 FLORIDA: http://takeaction.amnestyusa.org/siteapps/advocacy/ActionItem.aspx?c=6oJCLQPAJiJUGb=6645049aid=520453 (source: Amnesty International) Man convicted of racial murder 38 years ago in Jacksonville getting new trial The man convicted of one of the most notorious killings in Jacksonville history may soon get off death row and get a new trial. It has been 38 years since he was found guilty in a murder that prosecutors said was designed to start a race war. Jacob John Dougan, 66, had his conviction and sentence thrown out earlier this year by Circuit Judge Jean Johnson in the death of 18-year-old Stephen Orlando in 1974. Johnson's 239-page ruling found that Dougan's original trial attorney, Ernest Jackson, had a conflict of interest because he was cheating on his wife with Dougan's sister, Thelma Turner, at the time of the trial. Jackson later left his wife and married Turner. The judge also found that the prosecutors hid evidence of a deal they had with another defendant in the case, William Lee Hearn, who testified against Dougan. Orlando's mother, Marian Mallory, told the Times-Union she plans to be in court every day if Dougan goes to trial again. But her view of the government has changed radically over the years. Back then I had faith in the system, Mallory said. Now that faith is gone. State Attorney Angela Corey and Florida Attorney General Pam Bondi are appealing Johnson's ruling to the Florida Supreme Court. But if the Supreme Court upholds the ruling, prosecutors will have to figure out how to prosecute Dougan 4 decades after Orlando's death. That will be very hard to do, said George Bob Dekle, former prosecutor of serial killer Ted Bundy and now a law school professor at the University of Florida. People die, memories get fogged, evidence is lost, he said. It's very difficult to put everything back together so long after the original case. Assistant State Attorney Stephen Siegel said his office would not comment on the particulars of the case. As the matter is now on appeal I do not believe it would be appropriate to comment beyond saying that while the state respects the court's order, the state is seeking review of various appellate issues arising out of this difficult and complicated post-conviction relief proceeding, Siegel said. JoAnn Orlando, Stephen Orlando's sister, is succinct about how she would react to Dougan going on trial again after all these years. That depends on the result, she said. But our family still hopes to see him executed. A DIFFERENT TIME There are 403 people on death row right now in Florida. While 5 people have technically been awaiting death longer than Dougan, the June 1974 murder of Orlando happened before any of the other crimes. Dougan and a handful of accomplices who called themselves the Black Liberation Army went out to kill a white person to protest racial inequality in the Jacksonville area. Orlando had been hitchhiking home from his job because his car wasn't working when he was picked up by the group. His body was found on a dirt road at a trash dump in St. Johns County that is now part of Marsh Landing Country Club. The Jacksonville Beach 18-year-old was stabbed 12 times in the chest, stomach and back, and then Dougan placed his foot on Orlando's neck and fired 2 bullets into his head. Dougan and his followers also sent tape recordings to Mallory and media outlets describing how Orlando begged for his life. You should be proud your son was the 1st to die for our black cause, the tape to the mother said, according to news reports at the time. The viciousness and cruelty of those tapes show that Dougan is a remorseless killer who deserves to die, Mallory said. He bragged about killing my son and said I should be proud, she said. What type of animal does that? 4 days after Orlando's body was found, the body of Stephen Lamont Roberts, 17, was found shot and stabbed numerous times behind a Seventh Street industrial plant in Springfield. Dougan was never tried in the case after he got the death penalty for Orlando's death. During his trial, Dougan testified that he had not participated in killing Orlando but admitted making the tape recordings. He said he was trying to spotlight the racial inequality that existed in Jacksonville. Circuit Judge R. Hudson Olliff sentenced him to death. Jacksonville historian James Crooks said the trial occurred during a tense time in Jacksonville history. National stories on the Black Panthers and other racial unrest scared the white majority in Jacksonville, and people were afraid about what might happen next. When this happened it confirmed a lot of fears that white people had, Crooks said. There was a strong desire to find this person and get them off the streets. The question of why this happened wasn't important to most people, even though Dougan had come from a prominent
[Deathpenalty] death penalty news----FLA., MO., USA
July 3 FLORIDA: Death sentence upheld against man who helped kill woman, dump body in Martin The Florida Supreme Court on Thursday rejected another appeal and upheld the death sentence for a man convicted of helping kidnap and kill a West Palm Beach woman and dumping her body in a remote part of Martin County. Anthony Spann, 34, was convicted of 1st-degree murder, carjacking, kidnapping, robbery, grand theft and conspiracy in the death of Kazue Perron, 44, who was killed as part of a crime spree by Spann and Leonard Philmore in November 1997. Spann was the getaway driver for Leonard Philmore and another woman after they robbed a pawn shop. After learning the police were looking for them, they decided to rob a bank and planned to carjack a woman so they'd have a different getaway vehicle to use to leave town, the opinion states. The 2 kidnapped Perron from her West Palm Beach home and Philmore shot her in the head before dumping her body in Indiantown. Spann and Philmore later robbed a bank in Indiantown, headed back to Palm Beach County to pick up their girlfriends and then led police on a high speed chase along Interstate 95 before being captured in a Martin County orange grove after trying to hide from authorities, the opinion states. Spann and Philmore were convicted in separate trials and sentenced to death. Spann's previous appeal was rejected by the Florida Supreme Court and he argued in this appeal that his lawyer didn't do a proper job during the main part of the trial and failed to investigate mitigating evidence that might have helped him avoid the death penalty. Spann said his lawyer should have called Spann's brother, Leo Spann, to testify he was at another location when the murder happened. However, based on an analysis of Spann's testimony and his brother's deposition, the high court found there were discrepancies between the 2 statements and it was not unreasonable for his defense attorney not to call Leo Spann to the stand. The court also found Spann's lawyer made strategic decisions in how he questioned another witness who had memory problems and in how he handled the testimony of Philmore, who testified against Spann at the trial. The court also found the defense attorney did properly investigate possible mitigating evidence, but that Spann didn't want to cooperate and refused to allow any of the evidence to be presented at trial. (source: Stuart News) Florida execution success portends more deaths 18 months after Florida botched its last execution, its new lethal injection procedures resulted in what appeared to be a smooth and peaceful death for child killer Mark Dean Schwab. Although the new procedures may allow Florida's executions to begin ramping up, the lessons won't necessarily apply to other states - like Alabama, Ohio and Tennessee - that still face various legal challenges to their lethal injection methods. Florida Gov. Charlie Crist has already indicated he plans to resume signing death warrants. I think we have 387, the last count that I saw, that remain on death row. A lot of people are waiting for justice to be done, Crist said Wednesday. Peter Cannon, the state-paid attorney who represented Schwab, also predicted an increase. As for the future in Florida, yesterday's execution will undoubtedly lead to the signing of more death warrants. With 18 months' delay, many cases have worked their way through the system, resulting in many inmates becoming warrant-eligible, he said. After the botched execution of Angel Diaz in December 2006, then-Gov. Jeb Bush appointed a commission to investigate. As a result, Florida corrections officials changed the state's death chamber protocols. In a newly remodeled death chamber at Florida State Prison, the executioner was able to watch Schwab's face and his 2 arms on television cameras. A warden checked to ensure that Schwab was unconscious after the 1st chemical, sodium pentothal was injected. It took 12 minutes for Schwab to die, compared with 34 for Diaz. In the Diaz execution, the medical examiner determined that needles had punctured his veins, causing the deadly chemicals to push into his muscles, prolonging his life and causing severe chemical burns. Richard Dieter, executive director of the Death Penalty Information Center, said other states each have different issues that have prevented them from resuming executions. Although all states that use lethal injection use the same 3 drugs, it is unlikely they will have picked up any information from Florida's procedure changes. Each state has factual differences, he said. The situation in Ohio is the result of a judge who wants to see the state change to a single drug, Dieter said. Most states use the same 3 chemicals. Ohio has had two problematic executions, in May 2006 and May 2007, both dealing with problems finding suitable veins in the condemned inmates. In Tennessee, the state put a moratorium on executions in 2007 after it was
