[Deathpenalty] death penalty news----TEXAS, PENN., FLA., OHIO, IND.
June 12 TEXAS: Texas death row inmate convicted of killing boy, 9, loses appeal The U.S. Supreme Court Monday refused to review the appeal of a Houston man on death row for the 1992 slaying of a 9-year-old boy. The justices offered no comment Monday in rejecting the case of Perry Allen Austin, 58. Austin was serving a 30-year term for sexual assault on a child when he pleaded guilty in April 2002 to capital murder for injecting David Kazmouz with a pain killer and then slitting the boy's throat. The boy's skeletal remains were found in Houston in 1993. Austin confessed in 2001. Attorneys have argued in appeals he wasn't mentally competent to plead guilty. Prosecutors described Austin as a drug courier for a Houston street gang. He volunteered for execution, then changed his mind a week before his scheduled punishment in 2003. (source: Associated Press) PENNSYLVANIA: 'Death! I sentenced someone to DEATH!' - York County juror describes the emotional toll I did not take this lightly. None of us did. We carried this weight for 10 days - and continue to carry this weight. Recently, I was chosen to be on the jury of a high-profile homicide case in York. Initially, I was intrigued and a bit excited at the thought of such an interesting case. I was one in 16, of 100 people, selected to sit in on a trial at which the death penalty was a possibility. For someone who regularly watches criminal TV shows and documentaries, this was incredible! I had NO idea what I was in for. For 10 days, I listened to testimony and viewed evidence of the horrific killing of a young woman and man. I saw pictures of their bodies. I listened to the gruesome details of their deaths. For 10 days, I watched as the young woman's family sat in the courtroom, on edge and emotional as they listened to the details of their daughter's final moments of life. For 10 days, I watched the defendant's mom in the back of the courtroom as she listened to the accusations against her son - her pride and joy. And then again as she held her hands over her ears as the prosecution delivered their closing arguments. For 10 days, I watched a man, accused of heinous crimes, as he struggled to declare his innocence. But in the end, justice served or not, I now only hear silence. Memories burned in my mind. Pictures forever filed in my brain. A 10-day experience that has and will continue to forever change me. This was not an hour of "CSI," this was real life. 2 human beings were taken from this earth and from their families at the hands of another. I had no idea that I'd be affected in this way. No idea that days afterward, I'd still think of the families - defendant and victims - and carry such a heavy burden for all. That I would wonder what is truly going on in the mind of a man who is now sentenced to death. And that I was 1 of 12 who deliberated and thought and prayed about the task we were asked to carry through: To judge impartially, and to uphold the law. I did not take this lightly. None of us did. We carried this weight for 10 days - and continue to carry this weight, even though it's all over. We lived it and experienced it, as close to being there in the actual moment as we could be. We reviewed the evidence and we reviewed the information that we were given. We read the law, and we made a choice - death. Death! I sentenced someone to DEATH! I have heard it over and over in the last few days: I didn't do this to him, he did it to himself. I didn't ruin the lives of his family members, he did. I didn't take away the only daughter that Danielle's family had, he did. And I didn't take Foday away from his family and loved ones either. While they're absolutely right, it still doesn't ease the enormity of this situation and experience. And sadly, for me, it doesn't change the hurt in my heart. Nobody wins. I'll say it again: Nobody. Wins. Danielle and Foday aren't coming back. Their families cannot call them on the phone or send them a letter. The 4 witnesses cannot erase the images and trauma now engraved in their hearts and minds. And Mrs. Henry no longer has a son to help her with life at home. And last, but not least, is me - ME. In 10 days, I went from an hour of "CSI" to real life. I went from restful dreams to restless nights. I went from ignorance to overwhelming reality. This is real life. These are real people. And this is the real me. A faith-filled and caring person who was chosen to decide a man's fate. A fate that when decided was death. It has gripped me. And I continue to think of, and cry for, all those involved. This has affected me more than I could ever have imagined. What started out as intrigue has turned into pure heartbreak. Mention jury duty to anyone within earshot, and guaranteed someone will mention how boring and miserable it is. And yes, that's typically the case. What I expected to be a week of reading a book
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., OHIO, IND., ILL.
Nov. 27 TEXAS: Texas Preps for Last Inmate to Die in 2013State will end the year with 16 inmates put to death On Dec. 3, Jerry Duane Martin is slated to be the final inmate Texas puts to death this year. He was convicted and sentenced to die 5 years ago for the 2007 murder of Texas Department of Criminal Justice prison guard Susan Canfield during a prison escape. Martin and an accomplice, John Ray Falk Jr., were part of a work detail in the prison onion field at the Wynne Unit in Huntsville when Martin used a ruse to get near a guard, stole the guard's .357 revolver and tossed it to Falk. The 2 inmates then climbed a fence where, on the other side, 59-year-old Canfield was on horse-mounted patrol. Falk struggled with her and stole her rifle while Martin stole a pickup truck parked nearby. Martin drove that truck into Canfield and her horse, pitching her onto the windshield. She sustained head injuries and reportedly died immediately. Martin and Falk then drove a short distance, abandoned the pickup truck, and carjacked a woman in a bank parking lot. After police shot out a tire in that vehicle, the pair fled on foot. Falk was picked up within the hour and Martin was found 3 1/2 hours later, hiding in a tree. Martin was already serving 50 years for attempted capital murder for shooting at police officers in Collin County in 1994; he was convicted and sentenced to die for Canfield's murder in 2007. This June, he waived his right to appeal his conviction, telling the court that when his father passed away in February, [f]or the first time in my life I felt what it was like to lose a loved one. ... I think Mrs. Canfield's family deserves that closure, the Huntsville Item reported. The state is also seeking death for Falk, who was charged as a party to Canfield's murder. Martin will be the 16th and final inmate put to death in Texas in 2013, the 508th executed since reinstatement, and - according to the Death Penalty Information Center ??? the 1,263rd ever executed in the state. The year-end tally of 16 executed inmates tops 2012, which saw 15 executions. Still, the number has decreased significantly since the late 90s and the early part of this century, when it peaked at 37 in 1997, and an astounding 40 executions in 2000, according to a chart of yearly executions dating back to 1974 maintained by the Texas Execution Information Center (www.txexecutions.org). Also in death row news, the Court of Criminal Appeals on Nov. 20 issued an unsigned opinion declining to consider an appeal by Duane Buck, who seeks a new sentencing hearing free of racially biased testimony. The court, in a 6-3 holding, concluded that Buck's claim of bias and ineffective counsel wouldn't be heard because it is procedurally blocked. At issue is whether Buck should be resentenced because of the prejudicial testimony offered by a psychologist who opined that blacks are more likely to pose a continuing threat of violence. In capital cases, jurors are asked whether there is mitigating evidence to ease a defendant's culpability and whether the defendant poses a future danger, either inside or outside prison, unless put to death. Buck, who is black, was sentenced to die. In a lengthy dissent, Judge Elsa Alcala, joined by Judges Tom Price and Cheryl Johnson, noted that Buck's case was not only infected by racial animus but also by deficient lawyering that failed to raise any cognizable issues ??? presumably, including the bias claim - for the court to review. Buck's lawyers said they will appeal to the U.S. Supreme Court (see CCA Dismisses Buck Appeal, Newsdesk, Nov. 20). (source: Austin Chronicle) *** AC livens up death penalty debate We applaud Amarillo College for hosting a recent debate on capital punishment, which featured local attorneys arguing both sides of the issue. These public forums are beneficial for an educational institution as well as a community, no matter what side of the death penalty you support. It is a few days after the debate, but allow us to participate - and inject another part of the capital punishment debate that is being overlooked. For starters, any comparison to Nazi genocide during World War II and capital punishment in America (which was mentioned in the AC debate) is so far to the radical extreme of capital punishment opponents that it is difficult to address this opinion logically. The horror and madness of Nazi genocide compares to few governmental atrocities in world history, much less the U.S. justice system. Here's some advice for those invoking Nazis/Adolf Hitler to describe those they disagree with politically - stop. There is nothing in this day and age in America that can compare with this form of evil, and we should be thankful. Then there is the recent issue of DNA evidence as it relates to capital punishment. Don't forget, it is called capital punishment, and sometimes the ultimate
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., OHIO, IND,
Oct. 30 TEXAS: Texas man guilty in burning death of store clerk A jury has found a North Texas man guilty of capital murder for setting a clerk on fire as he robbed her convenience store. The Dallas County jury turned to the penalty phase Wednesday after finding 38-year-old Matthew Johnson guilty in the May 2012 death of Nancy Harris. Johnson admitted to police that he killed the 76-year-old Harris and the incident was videotaped by the Garland store's surveillance camera. Johnson's attorneys had asked jurors to find him guilty of murder rather than capital murder. He's now eligible for the death penalty. Johnson poured lighter fluid on Harris as she stood behind the store counter. He set her on fire after she had opened the register for him. Harris suffered burns over 40 % of her body and died days later. (source: Associated Press) ** Court Orders New Mental Competency Hearing in Death Penalty Case The Texas Court of Criminal Appeals on Wednesday sent the case of death row inmate Marcus Druery back for new hearing in a Brazos County trial court to determine whether he is mentally competent to face execution for the Aug. 1, 2002, fatal shooting of a 20-year-old man. Druery's lawyers contend that his psychotic disorder renders him incompetent for lethal injection. In their unanimous decision to send the case back to the trial court, the 9 judges on the appeals court panel wrote that Druery had made a substantial showing of incompetency to be executed and that he is entitled to both a hearing and the appointment of at least 2 mental health experts to determine his competency. Much of the evidence of Mr. Druery's mental illness comes from the State's own mental health professionals, who have repeatedly diagnosed Mr. Druery as schizophrenic, paranoid and delusional, Kate Black, a lawyer at the Texas Defender Service who represents the inmate, said in a statement. A full hearing is critically important to establish that Mr. Druery lacks a rational understanding of his execution. The Texas Court of Criminal Appeals on Friday granted a stay of execution for Marcus Druery, who was scheduled for lethal injection on Wednesday. Druery's lawyers argue that his severe mental illness has rendered him incompetent to be executed. They sought a stay of execution from the state's highest criminal court after Brazos County state district Judge J.D. Langley denied their request this week for a hearing to determine whether Druery was competent to face execution. Executing Mr. Druery, who lacks a rational understanding of his punishment, would stand in clear violation of the Constitution, Kate Black, a staff lawyer at the Texas Defender Services, who represents Druery, said in a statement. We are hopeful the court will find that Mr. Druery is entitled to a full and fair hearing to present the evidence of his severe psychosis. (See below for the Tribune's original and ongoing coverage.) Updated, July 26, 2012: Lawyers for death row inmate Marcus Druery filed a request with the Texas Court of Criminal Appeals late Wednesday for a stay of execution for their client. They argue that executing Druery, who has been diagnosed with schizophrenia, would be unconstitutionally cruel and unusual punishment. On Wednesday, the trial judge in Druery's case, J.D. Langley, also unsealed the inmate's medical record from the Texas Department of Criminal Justice. Among the records is a report from a May 2012 examination by Dr. Diane Mosnik, a neuropsychologist who wrote that Druery suffers from severe, active psychotic condition, meeting criteria for a clinical diagnosis of schizophrenia. The severity of his mental illness, Dr. Mosnik wrote, prevents Druery from having a understanding that he is going to be executed Aug. 1. Although he has a factual awareness that an execution date has been scheduled for the crime for which he was tried, he does not believe that he will be executed because of his illogical, fixed, and firmly held delusional belief system, she wrote. The request for a stay follows the denial earlier this week by Langley of Druery's request for a hearing to determine whether he is competent for execution because of his mental condition. Updated, July 24, 2012: Brazos County District Court Judge J.D. Langley on Tuesday denied a motion to hold a full hearing on the claims of Marcus Druery's lawyers that he is incompetent for execution because he is severely mentally ill. Kate Black, who represents Druery and is a staff attorney at the Texas Defender Service, said that the convicted murderer does not have a rational understanding of his upcoming execution and the she was disappointed with the judge's decision. Mr. Druery's execution would violate the Eighth Amendment's ban on cruel or unusual punishment because he suffers from a psychotic disorder that renders him incompetent to be executed, Black said in a
