September 5 OHIO: New hope for Richey as retrial plea approved DEATH row Scot Kenny Richey has been offered new hope in his bid for freedom. The 42-year old, who has been on death row in Ohio for nearly 20 years, has been told a court will hear his pleas for a retrial. The news grants him another stay of execution until at least January. Richey, sentenced to death in 1987 for the murder of 2-year-old Cynthia Collins, has always protested his innocence. In January, his lawyers will argue before Ohio's Supreme Court that his case should be retried. It will be the first time defence lawyer Ken Parsigian has come face-to-face with Ohio prosecutor Gary Lammers, who is intent on keeping Richey behind bars. Both men are prepared to see the case to the end but Lammers has admitted he wants Richey executed. The good news from Richey's lawyers came in the week he is to have an emotional reunion with his mother. Eileen, 61, from Edinburgh, is to make her first visit for 3 years to the Mansfield Correctional Institute. Richey said: "I cannot believe I have to wait another 6 months to find out what is happening. I am happy that my lawyers are going to be able to argue my case, but I am devastated that I have to spend another Christmas in here with a heart condition." (source: The Scotsman) CALIFORNIA----re: federal death penalty to be sought Feds to seek death penalty in case of body dumps near Yosemite The demands of the kidnappers were simple: Pay the ransom and the hostages would be freed. But prosecutors said the crew of Russian immigrants killed their hostages anyway - even after collecting $1 million from some of the victims' relatives. More than 4 years after the 5 bodies were found in a reservoir north of Yosemite National Park, opening statements are expected this week in the federal trial of 2 men accused of orchestrating the crimes. It's a rare instance in which federal prosecutors are seeking the death penalty. "Regardless of whether the ransom money defendants demanded was paid or not, each of the defendants' victims met the same fate," prosecutors said in court documents. "Defendants brutally murdered each one of them." Iouri Mikhel, 41, and Jurijus Kadamovas, 39, have pleaded not guilty to charges that include conspiracy and hostage-taking resulting in death. A third defendant, Petro Krylov, 33, is scheduled for trial in January after denying the allegations. 3 other coconspirators have pleaded guilty to similar charges. One is the girlfriend of Kadamovas, who will likely testify during the upcoming trial. Authorities suspect the ring had links to Russian organized crime, but it appears prosecutors won't raise that issue during trial because no racketeering charges have been filed. Prosecutors and defense attorneys declined to comment about the case. The indictment, however, provides a detailed look at the kidnappings that occurred over a frenzied four-month period beginning in late 2001. The documents allege the crew demanded a total of more than $5.5 million from relatives and associates of the victims, and eventually collected about $1.2 million that was used to buy expensive cars and make mortgage payments on luxury homes. Mikhel used $2,500 to put a down payment on two Doberman pinschers to guard his house, the documents state. At trial, prosecutors intend to present tape recordings of ransom calls; DNA belonging to two victims collected from handcuffs; and a pair of shoes that were matched to a bloody footprint found on a bridge near the reservoir. The scheme began when Mikhel and Kadamovas targeted George Safiev, 37, a wealthy Russian banking mogul who had recently moved to Los Angeles to start Matador Media, a film production company, the documents state. But after several failed abduction attempts and discussions about staging a car accident, the kidnappers turned their attention to real estate developer Meyer Muscatel, according to the documents. Mikhel is accused of posing as a possible investor and luring Muscatel to what was billed as a business meeting in October 2001. Kidnappers killed him after they were unable to get money from his bank accounts, the documents state. His body was weighted down and dumped over a bridge along the New Melones Reservoir. It was discovered a few days later, hands bound and a plastic bag over his head. Prosecutors wrote that Safiev's accountant, Rita Peckler, was abducted and killed two months later when she was unable to lead the crew to Safiev. The next victim was Alexander Umansky, who owned a car accessory business that once employed Krylov. Umansky was killed after his family paid more than $230,000 for his release, documents state, adding the crew sought even more money after his death, promising he would be returned alive. Prosecutors wrote that Safiev was finally snared in early 2002 after his business partner, Nick Kharabadze, was abducted and forced to arrange a meeting with Safiev. Another business associate transferred $960,000 to a bank account that authorities said was controlled by the kidnappers. Still, Safiev and Kharabadze were killed and dumped into the reservoir after being told they would be left alive at a motel, the documents state. Authorities learned the location of the bodies after arresting a coconspirator who later pleaded guilty in connection with the case. Autopsies determined all the victims were either asphyxiated or strangled. As authorities closed in, members of the crew flew to Aspen, Colo., a playground for the rich, and planned a trip to Florida to attend a yacht show to identify other possible victims, documents show. Before his arrest, Kadamovas told one suspected accomplice that more bodies would be dumped in the reservoir and eventually "'stacked on top of each other,'" according to the court documents. (source: Associated Press) NORTH DAKOTA----re: federal death penalty case Jury set to decide eligibility for death penalty In Fargo, a judge is allowing 2 additional autopsy photographs to be shown to the jury in the next phase of the trial of Alfonso Rodriguez Jr., who was convicted in the slaying of a University of North Dakota student. Rodriguez was found guilty last week of kidnapping resulting in the death of Dru Sjodin, 22, of Pequot Lakes, Minn. Prosecutors are seeking the death penalty for Rodriguez, 53, of Crookston, Minn. The sentencing phase of the trial is scheduled to resume this week, when the government will argue that Rodriguez qualifies for death penalty deliberations. If the jury decides that Rodriguez isn't eligible for capital punishment, he would be sentenced to life in prison without parole. U.S. District Judge Ralph Erickson ruled that the government may show two autopsy photos that weren't entered in the guilt phase of the trial. He said he won't allow pictures that show knife wounds. Erickson said there's a "danger of creating unfair prejudice" by showing some of the photos. Sjodin was abducted from the parking lot of a Grand Forks shopping mall on Nov. 22, 2003. Her body was found the following April in a ravine near Crookston. Prosecutors said she was beaten, raped and stabbed. A jury of 7 women and 5 men deliberated less than 4 hours before finding Rodriguez guilty of the federal charge. It's the 1st death penalty case in North Dakota in more than 100 years. Erickson also ruled from a hearing held last week that he would allow two of Rodriguez's prior victims to testify in the next phase, but they can't say whether they were diagnosed with post-traumatic stress disorder. There's no medical records to back those claims, the judge said. In the final ruling, Erickson decided to retain 4 alternate jurors through the end of the trial. Defense attorney Richard Ney wanted the alternates dismissed because they did not deliberate during the guilt phase. (source: Associated Press) USA: Repeat sex offenders deserve death penalty In regard to "Anger builds after sexual assault" (Aug. 17), there's another life ruined because of a sex offender who never should have been out of jail. It wouldn't have happened if Albert Dumas Jr. of North Whitefield had served the 20 years he was sentenced to in 1992. He served 60 % of that sentence. Everybody wants to protect children and adults but where's the punishment. I blame the Legislature and court system. Looks like the Legislature might categorize sex offenders at different levels -- big deal. How about a leper category -- probably too harsh. All are in the category of cowards. All levels have ruined thousands of lives and cost society millions of dollars. There's rehabilitation for certain crimes. But if he's done what he is accused of doing, there's no rehabilitation or forgiveness. Who would ever trust him again? A rat's nest you eradicate -- you don't let some live. Linda Roinestad of Windsor had a sign saying "Castrate Dumas." If found guilty, that is an appropriate punishment. If they do it again, they should get the death penalty. If it cramps anybody's style to mention the death penalty and leper category, oh well. Something needs to be done, now, to protect society. Wellman Cromwell----Pittston (source: Letter to the Editor, Kennebec (Maine) Journal) PENNSYLVANIA: Death penalty trial for Joseph Gacha begins today In Wilkes-Barre, opening arguments in the death penalty trial of Joseph Gacha Jr. is set to begin later today in Luzerne County Court. Gacha, 29, of Edwardsville, is accused of fatally stabbing 20-year old Carrie Lynn Martin inside her apartment on Howard Street, Larksville, on May 28, 2004. Prosecutors allege Gacha and Daniel Kukucka, 26, went to the apartment looking to rob someone else when they encountered Martin, stabbing her at least 47 times. Kukucka killed himself while jailed at the Luzerne County Correctional Facility on July 22, 2004. Luzerne County assistant district attorneys William Finnegan and Jarrett Ferentino are prosecuting. Attorneys Mark Bufalino and Paul Galante are defending Gacha. (source: Times Leader)
[Deathpenalty] death penalty news----OHIO, CALIF., N. DAK., USA, PENN.
Rick Halperin Tue, 5 Sep 2006 09:21:32 -0500 (Central Daylight Time)