[Deathpenalty] death penalty news----TEXAS, PENN., N.C., CALIF., USA

2017-12-15 Thread Rick Halperin






Dec. 15



TEXAS:

Harris County Sues Major Drugmakers Over Opioid Epidemic



Harris County has become the latest government body to sue major drug 
manufacturers for their hand in the opioid epidemic, alleging the companies 
conspired to push highly addictive medication that harmed its residents.


The lawsuit, which was filed today in Harris County's 133rd State district 
court, alleges drug companies including Purdue Pharma, Janssen Pharmaceuticals, 
and Abbott Laboratories along with 5 "pill mill" doctors all conspired to get 
Houstonians hooked on prescription drugs with devastating consequences.


"The defendants knew that the use of opioids had the potential to cause 
addiction and other health maladies," according to the petition. "Driven by 
profit, defendants engaged in a campaign of lies, half-truths, and deceptions 
to create a market that encouraged the over-prescribing and long-term use of 
opioids even though there was no scientific basis to support such use. The 
campaign worked, and resulted in an exponential increase in opioid abuse, 
addiction, and death."


Houston attorney Vince Ryan filed the suit against the defendants along with 
the help of prominent Houston plaintiff attorneys Mike Gallagher and Tommy 
Fibich. Ryan has a history of using contingent fee contracts to take on big 
industry defendants - a move that was blessed most recently in 2013 by 
Houston's First Court of Appeals when used by private lawyers to sue 
International Paper to force them to clean up environmental waste along the San 
Jacinto River. Several states around the country have also filed lawsuits 
against drug manufacturers to help offset $78.5 billion economic burden of 
prescription drug misuse and the State of Texas has joined a working group to 
investigate the opioid pharmaceutical industry's conduct. Earlier this year, 
Upshur County partnered with plaintiff lawyers in Dallas' Simon Greenstone 
Panatier Bartlett to file public nuisance, fraud and racketeering allegations 
against drugmakers in a lawsuit currently pending before U.S. District Judge 
Rodney Gilstrap of Marshall.


(source: Texas Lawyer)

***

Money talks in the death penalty debate



Brent Ray Brewer has been sitting on death row since 1991.

John Balentine - since 1999. Brittany Holberg - since 1998. Travis Runnels - 
since 2005.


It says something about capital punishment when an individual has been on death 
row since before the Internet became commonplace. (In Brewer's case.)


These 4 Amarillo-area individuals (from Potter and Randall counties) are 
perfect examples of the financial cost of capital punishment.


No matter on which side of the death penalty debate you fall, there is no 
denying the significant financial cost of capital punishment - a cost which is 
brought up routinely by death penalty opponents.


However, what are the reasons for these costs? One of the primary reasons is a 
fact that death penalty opponents seldom mention - legal costs.


According to deathpenaltyinfo.org, "Each death penalty case in Texas costs 
taxpayers about $2.3 million. That is about 3 times the cost of imprisoning 
someone in a single cell at the highest security level for 40 years. 
('Executions Cost Texas Millions," Dallas Morning News, March 8, 1992).'"


A significant chunk of that $2.3 million - a number which is undoubtedly higher 
now - is to pay for the legal expenses of those convicted of the most heinous 
crimes. (Speaking of heinous crimes, longtime Amarillo residents may be 
familiar with Holberg, who was convicted of killing an 80-year-old man in 1996 
by stabbing him more than 60 times.)


Take our neighbor - Oklahoma. Again, according to deathpenaltyinfo.org, 
"Prosecutors (in Oklahoma) spent triple in pre-trial and trial costs on death 
penalty proceedings, while defense teams spent nearly 10 times more. Oklahoma 
capital appeal proceedings cost between 5 and 6 times more than non-capital 
appeals of 1st-degree murder convictions."


More often than not, the legal costs related to capital punishment are dropped 
on taxpayers - for individuals who sit on death row for decades.


The never-ending debate on the death penalty should include an honest and 
realistic portrayal - which means all the reasons capital punishment is so 
expensive should be examined.


The death penalty is not a major financial burden for taxpayers because death 
row inmates are living high on the hog behind bars and eating caviar. A primary 
reason is the legal expenses (paying the lawyers and attorneys) which drag on 
for decades.


(source: Editorial, Amarillo Globe-News)








PENNSYLVANIA:

Lawyer 'Disappointed' by Death Penalty DecisionLawyer for man charged with 
cousin in deaths of 4 young men shot and buried on Pennsylvania farm says he's 
'disappointed' by prosecutors certifying his case for capital punishment when 
it's cousin who's 'admitted killer'.




The Latest on 2 cousins charged with killing 4 young men 

[Deathpenalty] death penalty news----TEXAS, PENN., N.C., CALIF. USA

2015-04-14 Thread Rick Halperin





April 14



TEXASimpending execution

Man set to be executed for killing San Antonio officer


Manuel Garza Jr. already had a lengthy criminal record and was wanted on 
outstanding warrants when a police officer working on a special team targeting 
property crimes stopped him at a San Antonio apartment complex in 2001.


I knew he'd find out about the warrants and I didn't want to go to jail, so I 
just ran, Garza, who was 20 at the time, would say later.


Officer John Rocky Riojas jumped out of his patrol car, leaving the door open 
and engine running, and chased Garza into a maze of walkways at the complex. 
After Riojas caught Garza, a witness saw Garza get his hands on Riojas' gun 
during a struggle that left the 37-year-old San Antonio SWAT officer dead from 
a gunshot to the head.


Garza is scheduled to be executed Wednesday evening for Riojas' killing. The 
35-year-old Garza would be the 6th convicted killer put to death this year in 
Texas, which carries out the death penalty more than any other state. He would 
be the 1st inmate executed with a new small supply of pentobarbital recently 
obtained by Texas prison officials.


If 2 other lethal injections set for this month are carried out, officials once 
again will have exhausted the state's supply of the execution drug. After that, 
Texas' stock of the increasingly difficult-to-obtain sedative will need to be 
replenished or a new chemical found as a replacement to handle at least three 
more executions on the schedule starting next month.


No late appeals for Garza were pending in the courts Tuesday. The U.S. Supreme 
Court refused to review his case last year.


Garza was taken into custody the day after the Feb. 2, 2001, shooting. Evidence 
showed he fled the scene with Riojas' gun and sold the .40-caliber Glock to a 
relative who then tried to sell it to a police informant after learning from TV 
reports that the officer's weapon was missing. The informant alerted 
authorities who traced the semi-automatic pistol back to Garza.


In a statement to detectives, Garza blamed Riojas for the shooting.

I truly think this was the cop's fault, he said. I don't see why he wanted 
to pull out his gun.


He asked for justice and for the courts to please have mercy on me and give me 
the benefit of the doubt.


I wasn't raised right, he added.

Defense attorneys contended Garza, whose criminal record began at age 14, was a 
product of childhood neglect and abuse.


Bill Pennington, one of the Bexar County prosecutors handling the case, said a 
key part of the guilt-innocence portion of the trial focused on defense efforts 
to characterize the shooting by Garza as accidental.


It wasn't an issue of whether he did it or not, Pennington said last week.

A Bexar County jury deliberated about three hours before convicting Garza. At 
the trial's punishment phase, prosecutors called some 60 witnesses over 2 days 
to detail Garza's lengthy criminal history that included burglaries, thefts, 
escaping from custody and leading police on a chase in a stolen car.


Pennington said Riojas was a larger than life kind of guy that everybody knew 
and everybody respected.


The entire police force felt like they had their heart tugged out of them when 
he died, the prosecutor said.


(source: Associated Press)






PENNSYLVANIA:

Pennsylvania DAs take aim at Wolf's death penalty moratorium


Pennsylvania's prosecutors are warning Gov. Tom Wolf's death penalty moratorium 
could affect plea bargains and how judges and juries view executions.


The Pennsylvania District Attorneys Association released a friend-of-the-court 
brief Tuesday that said the Democratic governor has misinterpreted the term 
reprieve, arguing his moratorium violates the state constitution.


The prosecutors say reprieves can only halt a criminal sentence for a defined 
period of time and for a reason that relates specifically to a particular 
convict.


Wolf announced the moratorium in February, suspending plans to execute Terrance 
Williams for a 1984 robbery and fatal tire-iron beating of another man in 
Philadelphia.


The governor argues the current system is error-prone and expensive. He plans 
to issue reprieves while a legislative committee prepares a report about the 
state's use of capital punishment.


(source: Associated Press)






NORTH CAROLINA:

Hearing set for suspect in robbery linked to Lake Wylie double homicide


A federal judge has ordered a court hearing next month for a convicted felon 
with Bloods gang ties charged in connection with the armed robbery of a 
Charlotte mattress store owned by a Lake Wylie couple, who were later shot and 
killed in their lakefront home.


Jamell Cureton, 22, is demanding that charges against him be dropped because of 
what was seized by federal agents from his jail cell in January.


U.S. District Judge Max Cogburn on Tuesday ordered the hearing for 10:30 a.m. 
May 13 at the federal courthouse in Charlotte, court documents show.