[Deathpenalty] death penalty news----TEXAS, PENN., OHIO
Oct. 13 TEXAS: Gov. Abbott, delay this execution Gov. Greg Abbott, A man’s life now lies in your hands. Spare him. On Nov. 20, Rodney Reed is to be executed by the state of Texas for a crime we can no longer be confident he committed. Twenty one years ago, he was convicted in the 1996 rape and murder of 19-year old Giddings resident Stacey Stites. Ever since, evidence has mounted that Reed neither raped nor killed her. Now, his defense claims it has new witnesses pointing to the man who did. Reed, 51, is scheduled to die. Of this, there is no doubt. Nor of this: Stites was strangled and killed on April 23, 1996, her body found on a country road in neighboring Bastrop County. Reed became a suspect a year later when another woman accused him of sexual assault; the prosecution showed semen found on both women belonged to Reed. Reed maintained that was because he and Stites, engaged to Giddings police officer Jimmy Fennell, Jr., had been having an affair, but the jury convicted him anyway. Over time, facts have emerged that were never part of Reed’s trial and as a result, the prosecution’s case has fallen apart. The medical examiner who claimed that Reed raped Stites has recanted. DNA evidence that pointed to Stites’ fiance was never shared with Reed’s defense. Other physical evidence, including the murder weapon — her belt — was never subjected to genetic testing. Now, Reed’s defense at the Innocence Project claims it has new evidence, including two signed affadavits from individuals who knew Fennell. One says he threatened to kill Stites if he ever caught her with another man, and another says he heard Fennell tell her corpse at the viewing that she had deserved to die. On Oct. 4, lawyers for the Innocence Project filed a motion in state court to have the execution date withdrawn, citing the new evidence that they say was not available at trial. All along, the state courts have denied Reed’s one repeated request: that evidence collected where Stites’ body was found be genetically tested. Just 2 years ago, Fennell’s old boss, Giddings’ former chief of police, told CNN that Fennell had confessed to being out later than he’d said at trial and that he’d been drinking the night before his fiance’s body was discovered, too. The Criminal Court of Appeals has twice rejected Reed’s appeal, saying the untested evidence probably would not have acquitted Reed nor would the testimony of Fennell’s old boss have been enough to convict Fennell, who has never been charged in connection to Stites’ death. Fennell just finished 10 years in prison for raping a woman in his custody. Of course, Fennell’s guilt is not the urgent question right now. It’s Reed’s life that hangs in the balance. His guilt is not remotely beyond a reasonable doubt. A man should not die as long as a believable question of innocence hangs over him. Which brings us to you, governor. The case of Rodney Reed is not a case against the death penalty, which still has the support of many in this law-and-order state. It is a case against a potentially wrongful execution. Your predecessor, Rick Perry, stood by during the frequent executions of his tenure. On Perry’s watch, 279 inmates were put to death — nearly 1/2 of the state’s total since Texas resumed executions in 1982. While on your watch, Governor Abbott, 46 people have been executed, you have also already done something Perry rarely did: You’ve exercised discretion to stop an execution. Minutes before Thomas Whitaker was set to die, at 6 p.m. on Feb. 22, 2018, you granted him clemency. He will spend life in prison for the murder of his mother and brother in Fort Bend County over an inheritance. There was no question of Whitaker’s guilt, just whether it was fair to put him to death when the triggerman got a lighter sentence. How much more compelling, then, is Reed’s case: Whitaker, who is white, was unquestionably guilty; Reed, who is black, may well be innocent. Study after study, including work by University of Michigan researchers, has found that black and Latino convicts are far more likely to wind up on death row, wrongfully, than white convicts. Now the case rests before the Texas Board of Pardons and Paroles and it may soon send you a recommendation in Reed’s case. But you can signal your own preference now. You aren’t bound by arcane rules of the appellate courts. Both you and the board have the documented flaws in the case. You have the Bastrop County prosecutor steadfastly refusing DNA testing on an old murder. You have the fact that Reed has petitioned the U.S. Supreme Court. And even if the board doesn’t recommend you commute his sentence, you have the authority to spare his life for 30 days as he pursues his remedy at the Supreme Court. You should use that authority and give the courts time to fully evaluate the new evidence. As you mull your options, remember our history: Texas has a tarnished
[Deathpenalty] death penalty news----TEXAS, PENN., OHIO, CALIF.
November 24 TEXASimpending execution 'Texas 7' escapee fights death sentence as Dec. 4 execution nears Joseph Garcia met George Rivas back in the summer of 1999, 8 months before they started plotting their escape. They were doing time together on the Connally Unit, counting out their days in the heat of a Texas prison. Garcia was locked up on a murder charge, a crime he's long maintained was self-defense. Rivas, on the other hand, was a convicted kidnapper, violent and full of charisma. They both had decades of time in front of them. But Rivas had better plans. Around lunchtime on Dec. 13, 2000, they broke out of the maximum security prison south of San Antonio, bringing along 5 confederates as they made good on an intricate plot culled straight from the pages of a novel. They took hostages, burst into the prison armory, stole weapons and stormed out in a prison truck, making for the biggest escape in Texas prison history. After pulling off 2 robberies in the Houston area, they headed to the Dallas suburbs, hoping to get as far as they could from the bloodhounds and helicopters hunting them down. There, on Christmas Eve, the men held up a sporting goods store and made off with bags of cash and dozens of guns. On the way out, they ran into a cop. In a chaotic scene, five of the men started firing, some at each other and some at the lawman. When it was over, Officer Aubrey Hawkins lay dead in the Oshman's parking lot, shot 11 times and dragged 10 feet by an SUV as the panicked prisoners fled. After a 6-figure reward and a spot on "America's Most Wanted," the wanted men were finally captured in Colorado more than a month later, living in a trailer park and posing as Christian pilgrims. 1 killed himself rather than be captured, and the other 6 were sent to death row. "It wasn't supposed to happen," Garcia told the Houston Chronicle in a recent death row interview. "I wish I could take everything back." 3 have been executed and now a 4th - Garcia - is scheduled to die Dec. 4. It's a case that's galvanized outcry from activists, since it's not clear that he ever shot anyone. Though he's consistently admitted to his role in the break-out and robberies, he's long maintained that he never fired his gun and never intended to kill the officer. Even so, he was sentenced to death under the controversial law of parties, a Texas statute that holds everyone involved in a crime responsible for its outcome. It's the thing that put him on death row, but now it's also a key part of the desperate inmate's last-ditch efforts at appeal and pleas for clemency. Whatever the law, it all feels too long for the slain officer's friends and family. "We're coming up on 18 years since the incident," said Sgt. Karl Bailey, a Seagoville policeman and longtime family friend. "It's a long time not to get closure - and it wears on you." The law of parties has long been baked into the Texas criminal code. It's a statute that's broader - and used more frequently in death penalty cases - than in many other states, according to Robert Dunham of the Death Penalty Information Center. The requirements are simple: The state must show only that an accomplice to one felony may have "anticipated" another felony could occur. So, if a 3-man robbery crew hits a convenience store and 2 person kills the clerk, all 3 of them are guilty of capital murder - even if the other two never fired a shot. And, if there's a getaway driver waiting outside, he can be responsible as well, even if he never got out of the car. In some cases, the actual shooter might manage to net a life sentence and be eligible for parole, while non-shooter accomplices face the death chamber. In some states it's known as vicarious liability. Nationally, it's not clear how many people are on death rows across the country under such laws, but the Death Penalty Information Center counts only 10 clear cases of non-shooter accomplices who've been executed, including 5 from Texas. "There's this borderline area between common and uncommon and I don't think it's either of the 2," Dunham said. "But it's applied much more frequently in Texas than in similar circumstances in other states." ** Rivas and Garcia became friends because of a prison gang war. It was a feud between the Mexican Mafia and La Raza Unida that sparked a unit-wide lockdown, Garcia told the Chronicle, and the men met up in the dayroom where they bonded over a "poor man's spread" of prisoner-made food. The lockdown ended and they went their separate ways, but a few months later, Garcia spotted Rivas standing by his cubicle talking to another man, Larry Harper. Garcia was already frustrated, only 4 years in and not sure he could really do all the time stretched out in front of him. He still felt like he wasn't supposed to be there. And now, he wanted to steal back the life he thought the state had stolen from him.
[Deathpenalty] death penalty news----TEXAS, PENN., OHIO, OKLA., S. DAK., CALIF., USA
June 17 TEXAS: Texas Prosecutor Disbarred for Illegally Sending A Man to Death Row The legal profession is a noble and time-honored one, despite high-profile examples of a few bad apples. At their best, lawyers constitute the thin line between justice and tyranny. Even fictional Los Angeles D.A. Hamilton Burger - aggressive prosecutor that he was - would acknowledge to his nemesis, criminal defense attorney Perry Mason, that both sides were interested in justice above all. This makes it all the more tragic when those who are supposed to be working for justice lose sight of that goal, whether it be because of ambition, pride, prejudice or all three. Case in point: The People of Texas vs. Anthony Graves, in which D.A. Charles Sebesta stood for the prosecution - and was determined to win a conviction at any cost, even if it meant putting an innocent man on death row. The Crime On August 17th, 1992, 6 members of the Davis family - 4 small children, a teenage girl and a 45-year-old grandmother - were brutally murdered in small town of Somerville, Texas. The house was then set on fire, presumably to cover up the crime. Eventually, a 27-year-old prison guard named Robert Carter, who had been married to a family member (Carter's ex-wife, Lisa Davis, had been out that night), was arrested as a suspect. The murders had been carried out by 3 different methods - shooting, stabbing and bludgeoning - suggesting that there had been multiple perpetrators. Under questioning for several hours, Carter eventually claimed that the murderer was Anthony Graves, cousin of Theresa Cookie Carter, the woman to whom he was married at the time. Despite evidence that Carter had been at the scene (he had suffered cuts and burn injuries), and despite inconsistencies in his testimony, Graves was eventually arrested. Graves, who was also 27 at the time, had no prior criminal record except for a minor drug charge, for which he had received a suspended sentence. Beyond that, he was unemployed, low income with few prospects, and African American. There was no physical evidence to link him with the murders. Graves' girlfriend, sister and brother all testified that they had been with him at his mother's home the night of the mass killings. Robert Carter, the original suspect, went on trial in February 1994, and was quickly convicted. Facing the death penalty, the State offered him life in prison if he would testify against Graves. The Trial of Anthony Graves Anthony Graves' case finally came up in late October of 1994. When his family was unable to pay for the services of a top criminal defense lawyer, the court appointed a pair who had no experience in capital murder cases. Meanwhile, Carter continued to change his story. Finally, however, the day after Graves' trial started, Carter confessed to the D.A.: I did it all myself, Mr. Sebesta. Because 3 different weapons had been used, Sebesta refused to believe it. He suspected that Carter???s wife was involved as well as Graves - and that Carter was covering for her. In fact, in 1 version of his story, Carter had indeed implicated her. He had also failed a polygraph test, during which he was asked if Graves had participated in the killings. When the defense later asked the prosecution about the polygraph test and who else Carter might have implicated, Sebesta was dismissive, saying only that there were some names ... they're not necessarily parties to the crime ... [but] may possibly have some information. Sebesta was anxious to get a conviction. In the absence of physical evidence, however, that conviction rested on Carter's testimony - and there was no guarantee that he would provide one. Sebesta finally made Carter a deal - testify against Graves and he wouldn???t ask anything about Mrs. Carter - nor use any evidence that might emerge against her in the future. Robert Carter Testifies Carter finally told the jury that Graves had been his accomplice - but even that wasn't enough. There were no weapons and no fingerprints to link Graves to the crime, so Sebesta produced a switchblade knife owned by one of Graves' former employers. Allegedly, Graves' boss at the time, Roy Rueter, had given him a similar knife as a gift. A law enforcement officer who had worked on the case, claiming to be an expert on edged weapons, told the jury that the knife was a perfect match to the victims' wounds. The county forensic surgeon confirmed that such a weapon was likely to have been used in the killings. However, Rueter himself said that the knife was of poor quality, and was unlikely to have inflicted so many stab wounds. Yet another forensics expert testified that any blade of the same dimensions could have been used. (To this day, the murder weapon has never been found.) Then, there was the question of motive. According to Carter, Graves' mother, Doris Curry, had been passed over for a promotion that was ultimately
[Deathpenalty] death penalty news----TEXAS, PENN., OHIO, FLA., N.C.
Aug. 22 TEXAS: Law could curb death penalty cases in Texas Pending capital murder casesUPSHUR COUNTY Sarah Haslam, 20 Andrew Norwine, 21 Daniel Jones, 20 GREGG COUNTY Torry Jamal Reed, 18 Brendan Xavier Douglas, 23 Joshua O'Steven Reese, 32 An area prosecutor says a new state law aimed at keeping innocent people off death row could end Texas' long reign as a capital punishment powerhouse. SB 1292, which goes into effect Sept. 1, requires DNA testing of all biological evidence in death penalty cases. That's a change that one district attorney says could prove so costly and time consuming that capital punishment falls by the wayside. Rusk County District Attorney Micheal Jimerson predicted Tuesday that the law will create a loophole that makes it too easy to get the death penalty thrown out or overturned, and it will increase the cost of prosecuting such cases. You're (now) being held accountable for testing biological material you can't see, Jimerson said. Death is different. Minor mistakes become harmful mistakes in death penalty cases. For example, Jimerson said, if 23 samples of biological evidence are tested and there were actually 24 samples available at the crime scene, a death sentence could be overturned based on that technicality - even if the 23 samples point to the defendant. Application The bill also applies to trials set after Sept. 1 for which the offense occurred before that date, meaning the new law could become a hurdle for Upshur County District Attorney Billy Byrd in prosecuting three capital murder cases. Sarah Haslam, Daniel Jones and Andrew Norwine are all in the Upshur County jail under capital murder charges, awaiting trial in the December beating death of 27-year-old Ronnie Joe Gammage. Because of a gag order, Byrd could not speak specifically about the Gammage case but said he has thought about how the bill will affect prosecution. We have biological evidence in multiple counties starting with a kidnapping that originated in Gregg County and multiple stops prior to a death occurring in Upshur County, he said. Under the new law, Byrd's office will have to send any biological evidence, and anything that may contain biological evidence, to a forensics lab. The issue with that, he said, is the state doesn't define what is and isn't biological evidence. Essentially, every piece of evidence will have to be tested, Byrd said, which could delay the trials more than a year. Certainly, that will be the case. We will have to deal with certain delays and longer waits, Byrd said. It's not uncommon at all for DNA evidence to take well more than a year now to be processed, he added. The average turnaround time for DNA testing completed by Department of Public Safety forensics labs in 2013 was 132 days, said DPS spokesman Tom Vinger. We are constantly striving to reduce DNA testing times at DPS labs, he wrote in an email. That is no comfort to Gammage's mother, Frankie Ann Gammage, who said state lawmakers failed to serve justice for victims in passing the bill. I can't understand why they would do something like this knowing this is a capital murder case, she said. They are trying to give the criminals more rights than the victims. They never gave (my son) a chance, but yet they want every chance they can get. ... We'll live with it forever, but this makes it harder to live with because you have to wait for justice. Death penalty in danger? Though not a fan of SB 1292, Jimerson said opponents of the death penalty found the perfect way to frame their argument in a state where capital punishment always has proved popular among voters. The idea you can't argue with. It's a tremendous idea, he said about working to prevent wrongful convictions and reduce costly appeals. But the application is the problem. DNA testing has exonerated 49 defendants in Texas, according to the Innocence Project of Texas, many of whom were on death row. Of the 1,343 inmates executed in the Unites States since 1982, 503 were in Texas. The state with the the 2nd-most active death penalty is Virginia, where 110 inmates have been executed during the same period, according to the Texas Coalition to Abolish the Death Penalty. In the old days, Jimerson said, the bill would not be such a hard pill to swallow because blood and semen were the go-to bodily fluids for DNA testing. Blood and semen speak for themselves, he said, noting now that crime scene investigators will have to collect biological evidence that includes dead skin cells and sweat that someone may have left on a wall or doorknob. The problem with that, Jimerson said, is a fingerprint and dead skin cells cannot be pinned down to a specific date and time. (Murders) don't happen in clean, sterile environments. Some of these crime scenes aren't sanitary from the beginning, he said, adding that there may be hundreds of samples - some that have no
[Deathpenalty] death penalty news----TEXAS, PENN., OHIO, FLA., TENN., KY.
June 27 TEXAS: 500th execution in Texas stirs emotions for exonerated death row prisonerAnthony Graves's conviction for multiple murder was overturned after appeals court learned that case was riddled with problems When Texas crossed the gruesome milestone on Wednesday night by executing its 500th prisoner the news carried a particular punch for Anthony Graves. He could so easily have been one of them. 2 years ago he was exonerated and set free after spending 18 years in Texas prisons, most of that time on death row. His conviction for multiple murder was overturned after an appeals court learned that his case was riddled with problems including a co-defendant who admitted to lying about his involvement, prosecutors who had extracted false confessions and crucial testimony withheld from the defence. Graves was lucky to escape the fate of Kimberly McCarthy, put to death by lethal injection on Wednesday, but he still feels as though he was one of the 500. Over 300 men were executed while I was on death row. I got to know many of them like brothers, guys who had faces rather than just numbers. Among the 500 put to death by Texas since the state resumed the death penalty in 1982 were at least three people who were in all probability innocent. Carlos DeLuna was executed in 1989 having been mistaken for another Carlos; Ruben Cantu was sent to the death chamber in 1993 largely on eyewitness testimony from a co-defendant and a shooting survivor, both of whom later recanted; and Cameron Todd Willingham was put to death in 2004 for starting a fire that killed his three children based on forensic evidence that later turned out to be seriously unreliable. What does that say to you about a society? Graves said. It says to me that we have not evolved, that there's no justice, that we are still executing people as though our system has no flaws. Despite the doubts that have been raised in these and other cases, Texas continues to show a degree of enthusiasm for the death penalty that strikingly exceeds that of any other state. Last year the state ended the lives of 15 prisoners - more than twice the number of the next most execution-happy states, Arizona, Mississippi and Oklahoma, which killed 6 each. The landmark of 500 executions in the modern era vastly overshadows the next state on the death penalty table, Virginia, which has put to death 110. Such eagerness to judicially kill is reflected in the opinion polls which continue to show overwhelming support in Texas for capital punishment. A University of Texas/Texas Tribune poll last year showed that 73% support it and only 21% oppose. We are not in favour of using taxpayers money to support keeping people in jail when they say they would kill again and the jury wants to give them the death penalty, said Ray Hunt, president of the Houston police officers union. Hunt wants to speed up the legal process so that prisoners are executed more quickly, and he wants to extend the death penalty to a wider set of crimes. I would give juries the option to impose death sentences for crimes that are heinous such as cutting off your wife's arms with a machete as one Houston man did, he said. But the stubborn opinion polls and the enduringly high frequency of executions obscure an important truth: even in Texas, the undisputed heartland of the death penalty in America, change is coming. As Kristin Houle, director of the Texas Coalition to Abolish the Death Penalty, points out, the cases that are now reaching the death chamber have been 10 or 20 years in the waiting and in the interim period attitudes have shifted. The executions that are carried out now are a legacy of a Texas as it existed years ago - many of the prisoners scheduled to die would not be put on death row were they to commit their offences today, she said. The statistics for the number of new death row inmates tell their own story. In 1999 the state reached a peak, adding 48 new inmates. By last year that number had declined to nine, and so far this year juries have handed down just four new death sentences. There are many reasons for the withering of the death row population in Texas. In 2005 the state legislature introduced a new punishment that allows juries to sentence murderers to spend the rest of their natural lives in prison with no chance of parole - an alternative to the death penalty that is proving very popular. Juries are also more reluctant to hand out the ultimate punishment - over the past 5 years they have rejected the death penalty in more than 20 capital cases. Prosecutors too are becoming increasingly hesitant to press for the ultimate punishment. Part of the reason for their caution is the exorbitant cost of state killings: studies suggest that the average price for the taxpayer of a death penalty case in Texas is $2.3m, compared with $750,000 for keeping a convict in jail until they die by natural
[Deathpenalty] death penalty news----TEXAS, PENN., OHIO, N.C., FLA.
May 11 TEXAS: Racism in a Texas Death Case In the annals of racism in the Texas criminal justice system, 7 death penalty cases are in a class by themselves. In 2000, after the Supreme Court ordered a new sentencing hearing in 1 of them, Senator John Cornyn, who was then the state attorney general, called for new sentencing hearings in the other cases for the same reason: because race was improperly and explicitly considered as a factor in determining the sentence. Duane Buck, who was convicted of 2 murders, is the only one among the defendants who was not granted a new sentencing hearing. His post-conviction lawyers have uncovered a lot of mitigating evidence that his trial counsel did not present to the jury that sentenced him to death. He is seeking life without parole and is awaiting a decision on this matter by the Texas Court of Criminal Appeals. Texas has long fought his request for resentencing because it insists that Mr. Buck is responsible for introducing race into his case. A psychologist called by the defense testified at the hearing that being black increased Mr. Buck's future dangerousness. But this statement was elicited by the prosecutor on cross-examination and was used by the prosecutor in his closing argument to the jury. This egregious error clearly violated Mr. Buck's constitutional rights. One of the prosecutors in the case has been campaigning for years against Mr. Buck's execution. The racial bias in this case reflects a wide and disturbing pattern in death penalty prosecutions in Harris County, Tex., where Mr. Buck was tried. A recent study found that from 1992 to 1999 the county prosecutor was 3 times as likely to seek the death penalty for blacks in murder cases as they were for whites, and juries were twice as likely to impose capital punishment. The Buck case is yet more evidence that capital punishment should be abolished. (source: Editorial, New York Times) PENNSYLVANIA: Waynesboro man accused of triple murder to enter guilty plea today A prosecutor says the man accused in a Franklin County triple murder is expected to enter guilty pleas. 36-year-old Kevin Cleeves of Waynesboro is charged in the July 2012 shooting deaths of his estranged wife, her boyfriend and her boyfriend's mother. The prosecutor also says Cleeves will be sentenced to consecutive life terms. He had pleaded not guilty and the District Attorney said he intended to seek the death penalty. The District Attorney also said a major factor in agreeing to the proposed sentences was the potential trauma to the victim's daughter if she had to testify. Cleeves' attorney had no comment. (source: WHP-TV News) OHIO: Ohio prosecutors face hurdles in Ariel Castro death penalty pursuitExperts say Ohio laws governing fetal homicides could be open to constitutional challenge as prosecutors look to press charges Ohio prosecutors will face a struggle to press death penalty charges against the Cleveland kidnapping suspect in relation to any miscarriages suffered by the three women he allegedly held captive for a decade, legal experts said on Friday. If Ariel Castro is handed a death sentence for aggravated murder, he would become the 1st person in the US to be put on death row under the country's proliferating and controversial fetal homicide laws. The provisions extend legal rights to unborn babies, in some cases - including Ohio - as early as conception. The prosecutor for Cuyahoga County, that covers Cleveland, indicated on Thursday that he would pursue a possible death sentence against Castro, who is being held on $8m bail having been accused of kidnapping 3 young women for 9 to 11 years each. Timothy McGinty said there would be a count for each act of aggravated murders he committed by terminating pregnancies. The women escaped from Castro's house in the west side of Cleveland on Monday. Michelle Knight had been missing since 2002, Amanda Berry since 2003 and Gina DeJesus since 2004. Castro has been charged with kidnapping and raping the 3 women, as well as kidnapping a 6-year-old girl born to Berry in captivity. He was confirmed as the father on Friday. Castro will now go before a grand jury, at which point prosecutors say they will press the more serious death penalty charges relating to the multiple miscarriages that took place within the house. Ohio is 1 of at least 38 states that have some form of fetal homicide law on their statute books. In Ohio's case, protection for the fetus against violent attack has been incorporated into the state's general criminal laws since 1996, with the fetus being defined as a legal entity right from conception. Anyone can be prosecuted in Ohio for aggravated murder - which carries the death penalty - if they are proved to have purposely, and with prior calculation and design, caused...the unlawful termination of another's pregnancy. That could be applied to a miscarriage by
[Deathpenalty] death penalty news----TEXAS, PENN., OHIO, GA., FLA. MISS.
May 10 TEXAS: Granger appeal will cost taxpayers hundreds of thousands It could take a decade and hundreds of thousands of taxpayer dollars spent on appeals before Bartholomew Granger reaches a Texas death chamber for killing a Deweyville grandma in a 2012 shooting spree. Death penalty cases mandate direct appeals under Texas law, meaning that the presiding judge - in this case Judge Bob Wortham of the 58th District Court - appoints a lawyer to handle the direct appeal, which is the 1st step on a road leading to the death chamber in Huntsville, if the conviction is found to be sound. Beaumont attorney Doug Barlow, who has 850 appeals under his belt, is the only lawyer in the region board certified for appeals, Wortham said. Barlow estimated the direct appeal, which will go to Texas Court of Criminal Appeals, bypassing the Ninth District appeals court - normally the 1st stop for criminal cases originating in Jefferson County - will likely cost between $25,000 and $50,000. Before the appeals process is over it could cost in the hundreds of thousands, he said. A Galveston County jury gave Granger, 42, the death penalty Tuesday for the shooting death of 79-year-old Minnie Ray Sebolt. Sebolt was killed March 14, 2012 in front of the Jefferson County Courthouse when the Houston man opened fire on his daughter and her mother, who were witnesses against him in an aggravated sexual assault trial in Criminal District Court. Barlow, who was out of town this week attending legal conferences in Dallas and Austin, said the 1st step to the appeal will be obtaining the record - that is, the transcript of the case prepared by the court reporter. He will pore over that document looking for anything running afoul of courtroom procedure. Barlow said that most lawyers find appeals boring, but not him. They're really interesting - reading records and addressing legal issues, he said. In the Granger case, Barlow said he would certainly be looking at some of the volatile exchanges between Granger and prosecutor Ed Shettle, who in one instance called Granger a murdering son of a bitch. If it's a viable issue we'll be raising that too, Barlow said. (source: Beaumont Enterprise) PENNSYLVANIA: Westmoreland prosecutor puts 3 defendants on death row in 9 months In 9 months, Westmoreland County District Attorney John Peck has added 3 inmates to more than 190 awaiting the death penalty in Pennsylvania. But the prosecutions of Melvin Knight, Ricky Smyrnes and Kevin Murphy do not signal a change in philosophy to prosecute more capital murder cases, Peck said Wednesday. It's simply the nature of the crimes, said Peck, the county's top prosecutor since 1995. In all the time I've been district attorney I've never had the kinds of cases where the aggravating circumstances were as substantial as we had in these 3 cases. On Tuesday night, after more than 7 hours of deliberations, a jury returned a death sentence against 52-year-old Murphy for shooting to death his mother, sister and aunt 4 years ago. In April, Smyrnes, 27, of North Huntingdon was condemned to die for his part in the February 2010 torture slaying of Jennifer Daugherty, a mentally disabled woman from Mt. Pleasant who was held captive in a Greensburg apartment by 6 roommates. A jury imposed the death penalty on Knight, 23, of Swissvale last August for his role in the Daugherty slaying. Peck prosecuted all three cases and could seek the death penalty against a third suspect in the Daugherty murder this year. Torture and multiple killings are very persuasive factors, Peck said. I evaluate every 1st-degree murder case to see if we should seek the death penalty. Before the Daugherty and Murphy cases, Peck had not initiated a death penalty prosecution since 2000. In 2005, he won the second death sentence against Michael Travaglia, 53, of Washington Township, Westmoreland County, in the kill for thrill murders that left 4 people dead in 1980, including Apollo police Officer Leonard C. Miller. Travaglia and accomplice John Lesko, 53, of Pittsburgh remain on death row, with appeals pending. As of May 1, there were 194 people on death row, according to the state Department of Corrections. A majority are from Eastern Pennsylvania, including about 80 from Philadelphia. 8 inmates from Allegheny County and four from Fayette County are awaiting execution. 2 death row inmates were sentenced in Washington County and one each in Indiana, Butler, Greene and Cambria counties. When Murphy is formally sentenced Thursday afternoon by Judge Al Bell, he will become Westmoreland County's 5th entry on death row. Knight and Smyrnes were convicted as the dominant predators against Daugherty, 33, who was held captive for more than 2 days. They beat her, forced her to drink concoctions of bodily fluids and cleaning supplies, taunted her and shaved her head before she was stabbed in the heart.
[Deathpenalty] death penalty news----TEXAS, PENN., OHIO, ARK., ARIZ., WASH.
May 9 TEXASstay of impendnig execution Execution for Prison Guard Murder Delayed for DNA Tests State lawyers agreed Thursday to a 60-day reprieve for death row inmate Robert Pruett, who was scheduled for execution May 21, after the inmate filed a request for DNA testing, arguing it may prove his innocence in the 1999 stabbing of prison correctional officer Daniel Nagle. Pruett, 33, was convicted in 2002 of Nagle's killing and maintains that inmates and corrupt officers colluded to implicate him. A jury found Pruett guilty after prosecutors argued that he murdered Nagle after a dispute over a disciplinary write-up. Prosecutors told jurors that Pruett - who was already serving a life sentence for another murder he allegedly participated in with his father - killed Nagle because the inmate was upset that he had written him up for taking a sack lunch into the recreation yard at the McConnell Unit in Beeville. That write-up is the subject of the DNA request. A palm print was found on the report that did not match Pruett. The Texas Department of Public Safety currently maintains a database of palm prints, but it did not exist in 2002. Since 2002, the science of touch DNA has developed, and prints left on pieces of evidence are routinely tested for DNA, Pruett's lawyer David Dow, who teaches at the University of Houston Law Center, wrote in the request for testing. The State's scientists that examined the disciplinary report did not utilize this technology, which was still in its infancy at the time of trial. Pruett believes that someone else tore up the disciplinary report and spread the pieces near Nagle's body in an attempt to frame him for the murder, Dow wrote. He added that no guards witnessed the murder and that the inmates who testified about witnessing the murder may have been unreliable. (source: Texas Tribune) * Executions under Rick Perry, 2001-present-258 Executions in Texas: Dec. 7,1982-present497 Perry #scheduled execution date-name-Tx. # 259-May 15---Jeffrey Williams-498 260-June 12--Elroy Chester499 261June 26---Kimberly McCarthy500** 262--July 10--Rigoberto Avila, Jr.501 263-July 16-John Quintanilla Jr.---502 264-July 18--Vaughn Ross--503 265-July 31---Douglas Feldman-504 266-Sept. 19--Robert Garza505 267-Sept. 26--Arturo Diaz506 (sources: TDCJ Rick Halperin) PENNSYLVANIA: Murphy sentenced to death in killings of mother, sister and aunt A Westmoreland County judge this afternoon sentenced convicted triple-murderer Kevin Murphy to death by lethal injection. Offered a chance to make a statement, he declined. In a brief hearing, Judge Al Bell then imposed the sentence delivered by a jury late Tuesday night. The death penalty is punishment for the murder of his mother, Doris Murphy, 69, on April 23, 2009. He received life in prison for the murders of his sister, Kris Murphy, 43, and his aunt, Edith Tietge, 81. Mr. Murphy was convicted of shooting all 3 in the back of the head in the garage of his glass shop in Loyalhanna. Disrict Attorney John Peck said Mr. Murphy shot them at the behest of his then-married girlfriend, Susan McGuire, who urged him to knock off his relatives because they disapproved of his relationship with her. Ms. McGuire has not been charged but Mr. Peck said the investigation remains open. Following the sentencing, Mr. Murphy cried as he hugged members of his family in the gallery while sheriff's deputies stood guard. It was the 1st time since his trial began nearly 3 weeks ago that he showed any emotion. It's unlikely, however, that Mr. Murphy will be executed for many years, if ever. Nearly 200 inmates are on death row in Pennsylvania, but the state hasn't executed anyone since Gary Heidnik in 1999. In Mr. Murphy's case, the 1st step now is an automatic review by the state Supreme Court. (source: Pittsburgh Post-Gazette) OHIO: Castro, arraigned for kidnapping and rape, could face murder charges Ariel Castro has been arraigned on charges of rape and kidnapping, days after three women missing for over a decade were found alive at his home. He looked down at the ground while lawyers spoke to the judge. Bond was set at $2 million on each case. Ariel Castro, the former school bus driver who owned the home where three women were held captive for the past decade, was arraigned Thursday morning on kidnapping and rape charges. But Cuyahoga County Prosecutor Timothy McGinty suggested later Thursday that Castro could face murder charges and he's implicated in the deaths of the victims' unborn children. McGinty
[Deathpenalty] death penalty news----TEXAS, PENN., OHIO, FLA., TENN., MISS.
May 7 TEXASimpending execution Waco robbery-drug deal gunman set for execution A convicted drug dealer faces execution for shooting an 18-year-old man to death a decade ago during a robbery outside a Waco convenience store. Authorities say Carroll Joe Parr was trying to get his money back after he bought 7 pounds of marijuana. Parr says he's not responsible for the January 2003 slaying of Joel Dominguez, although witnesses identified him as the shooter and others said he talked about doing the shooting. A federal appeals court last week refused to halt his punishment, and his lawyers anticipate no last-day appeals to stop Tuesday evening's lethal injection in Huntsville. The 35-year-old Parr, whose street name in Waco was Outlaw, would be the 5th Texas inmate executed this year. (source: Associated Press) State Prepares To Execute Convicted Central Texas Killer Known As Outlaw Convicted killer Carroll Joe Parr, 35, who says he believes in capital punishment, but maintains he's innocent of the crime for which he was sentenced to die, is scheduled to receive a lethal injection Tuesday evening in the state's death chamber in Huntsville. The 1-time Waco drug dealer, who was known on the street as Outlaw, was sentenced to die for a Jan. 11, 2003 shooting outside of the BG Convenience Store in North Waco that left Joel Dominguez, 18, dead and Mario Chavez, then 18, injured. Parr had purchased marijuana from Dominguez at the store and later returned with a friend, Earl Whiteside, in order to get his money back, prosecutors said. After Parr and Whiteside arrived at the store, they forced Dominguez and Chavez to walk to a fenced area beside the store where Parr pistol-whipped Dominguez and demanded his money, prosecutors said. Dominguez complied, but then Parr told Whiteside to smoke 'em. Whiteside shot Chavez in the hand and Parr shot Dominguez in the head, killing him, prosecutors said. Parr was convicted of capital murder on May 21, 2004 and was sentenced to die five days later. Whiteside entered a guilty plea in March 2004. Parr insists he didn't shoot Dominguez, but says he won't break his word to the people involved in the slaying and identify who he says actually did the shooting. Parr's execution date was set on Feb. 4 in a Waco courtroom in which security was tight. As he was led from the courtroom after the date was set, Parr yelled, Death is a prize. (source: KWTX News) PENNSYLVANIA: Pa. abortion trial jury continues deliberations A Philadelphia jury reviewed laws addressing murder and manslaughter without reaching a verdict Monday in the high-profile case of an abortion provider accused of killing a patient and 4 babies who prosecutors say were born alive, then killed with scissors in unorthodox, late-term abortions. Dr. Kermit Gosnell, 72, ran the Women's Medical Society in West Philadelphia, which served mostly low-income women and teens and went years without a state inspection. Former staff members have testified that Gosnell taught them to snip babies in the back of the neck after they were born to ensure they were dead. Gosnell also faces charges of racketeering and of hundreds of abortion-law violations, for allegedly performing 3rd-trimester abortions and failing to counsel women a day in advance. The jurors must also decide whether Gosnell caused the 2009 overdose death of a patient, Karnamaya Mongar of Woodbridge, Va., a 41-year-old mother of 3 and recent refugee to the U.S. who died after an abortion at Gosnell's clinic. Co-defendant Eileen O'Neill, 56, of Phoenixville, a former employee of Gosnell's, is charged with billing as a doctor when she did not have a license. 8 former employees have pleaded guilty since the 2011 indictment, and all but Gosnell's wife testified against him. Four others have pleaded guilty to murder charges for either snipping the babies with scissors after they were born, or helping sedate Mongar despite a lack of training. The jury includes several transit authority bus drivers, a water department inspector, a day care worker and a bank teller. They have been deliberating since Tuesday afternoon. Gosnell's lawyer argued that there were no live births at the clinic and blamed Mongar's death on unforeseen medical complications. O'Neill's lawyer said she worked under Gosnell's supervision. Gosnell has been in custody since his 2011 arrest, while O'Neill remains free on bail. (source: Associated Press) *** Death penalty lawyers named in case of slain prison guard; Jessie Con-Ui is under investigation in stabbing of Eric Williams of Nanticoke. A judge on Thursday appointed attorneys for death penalty proceedings in the case of a federal inmate under investigation in the killing of corrections officer Eric Williams of Nanticoke at a prison in Wayne County. The filing by U.S. District Chief Judge Yvette
[Deathpenalty] death penalty news----TEXAS, PENN., OHIO, VA., FLA., ARK.
April 2 TEXASimpending execution(s) Texas inmate to die April 9 loses Supreme Court appealUS Supreme Court refuses to review case of convicted East Texas killer set to die next week The U.S. Supreme Court has refused to review the case of a Texas death row inmate who's set to die next week for an East Texas slaying more than 2 decades ago. The high court made no comment Monday in rejecting the case of 50-year-old Ricky Lynn Lewis. The Tyler man was on parole for a third burglary conviction when he was arrested for breaking into a Tyler-area home in September 1990, fatally shooting the man who lived there and raping the shooting victim's wife. He also stole the woman's truck and killed her dog. She managed to climb out a bathroom window after the attack and call police. Her testimony at his capital murder trial helped send Lewis to death row. Lewis faces lethal injection April 9. (source: click2houston.com) Execution date for El Pasoan on death row delayed The execution of an El Paso man convicted in the beating death of his girlfriend's 19-month-old son in 2000 has been delayed for a 2nd time. Rigoberto Avila Jr., 40, had been scheduled to be put to death next week. His execution was originally scheduled for Dec. 12, 2012. Following a court hearing this morning, 41st District Judge Anna Perez ruled additional time is necessary to allow Avila's defense attorneys to explore possible new evidence of Avila's innocence. Perez also ordered that a new execution date be scheduled for July 10. No reason is given for the previous delay delay. Avila was sentenced to death by the same El Paso jury that convicted him in the death of Nicolas Macias, who was fatally beaten while Avila was baby-sitting his girlfriend's 2 young sons on Feb. 29, 2000. During the trial in 2001, state prosecutors alleged Avila repeatedly kicked and stomped Nicolas, causing injuries so severe that the boy's organs were ripped from his spine. Paramedics also found a bruise on Nicholas' abdomen in the shape of a footprint. A pediatric surgeon who operated on Nicolas testified he had observed similar injuries to the ones found on Nicolas' abdomen when a person had jumped out of a vehicle going 60 miles an hour. Avila, who testified during his trial, denied injuring the boy, but according to his police statement he admitted to stomping on the boy because he was jealous of the attention the boy's mother, Marcelina Macias, was giving the child. Avila had been babysitting Nicolas and the boy's older brother at the time of Nicolas' death, while Marcelina Macias was attending a college class. According to an execution alert newsletter from the Texas Coalition to Abolish the Death Penalty, Avila's new defense attorney, who was appointed to the case just last month, has discovered possible evidence that Nicolas was injured by a sibling while the 2 were mimicking wrestling moves. Officials with the coalition also state Avila signed the confession after a detective woke him up while he was sleeping and told Avila he needed to sign the second statement because the detective needed to clarify some information. Avila assumed it was essentially the same as the earlier statement, Mr. Avila did not read it, but simply affixed his signature at the end. This statement, which Mr. Avila has consistently said was not true, was used against him at trial. Avila is one of 11 El Pasoans currently on death row. The last El Pasoan sentenced to death was Fabian Hernandez in 2009. Hernandez was convicted in the 2006 slayings of his wife, Renee Urbina Hernandez, and her friend, Arthur Lee Fonseca. The El Pasoan who has been on death row the longest is Cesar Fierro, who was sentenced to death in February 1980 for the shooting death of taxi driver Nicolas Castanon on Feb. 27, 1979. (source: El Paso Times) Texas woman's execution now set for June A state district judge has reset to June 26 this week's scheduled execution of a Dallas-area woman for the robbery-slaying of a 71-year-old retired college professor more than 15 years ago. 51-year-old Kimberly McCarthy was set to die Wednesday in Huntsville. State District Judge Larry Mitchell's action formalizes an agreement last week between Dallas County District Attorney Craig Watkins and McCarthy's attorney that her punishment should be put off until the fate of death penalty-related bills now in the Texas Legislature is determined. Lawmakers are about halfway through their 6-month session. McCarthy's attorney, Maurie Levin, contends the jury in her case unfairly was selected on the basis of race. McCarthy was condemned for the 1997 killing of Dorothy Booth at Booth's home in Lancaster, about 15 miles south of Dallas. (source: Associated Press) *** Executions under Rick Perry, 2001-present-254 Executions in Texas: Dec. 7,
[Deathpenalty] death penalty news----TEXAS, PENN., OHIO, IND., ARIZ., NEV., IDAHO, CALIF., WASH.
postings to this list will resume on Tues., March 12 March 7 TEXAS: Death Watch: Fifth Circuit Spanks CCA, Prosecutors; Appeals court reverses death penalty On Feb. 27, the notoriously hard-line 5th U.S. Circuit Court of Appeals rebuked the Texas Court of Criminal Appeals, overturning the conviction and death sentence of a Tarrant County man on the row for a 2001 robbery-murder. A 3-judge panel of the Fifth Circuit concluded that the conviction and death sentence handed to Nelson Gongora in 2003 should be vacated, and the case handed back to the district to retry or to dismiss. The court concluded that Tarrant County prosecutors made impermissible comments to the jury about Gongora's failure to take the stand in his own defense, a clear violation of his Fifth Amendment right not to be compelled as a witness. We find that the extraordinarily extensive comments on Gongora's failure to testify resulted in actual prejudice, the panel ruled. Gongora was among a handful of men indicted for the 2001 robbery and murder of Delfino Sierra. He was indicted for capital murder, though at trial prosecutors argued that he was either guilty of the robbery and shooting, or that he was a participant in the robbery during which Sierra was shot by one of Gongora's cohorts. The result was confusion: The jury heard sharply conflicting evidence regarding Gongora's role in the offense, including evidence that the shooter may have been someone other than ... Gongora, reads the court's opinion. One witness testified that she didn't see who did the shooting, while others wavered before selecting Gongora - including a witness who was indicted for the crime, but given a plea deal for 23 years and a promise that he would not be prosecuted for a second shooting. Over ongoing defense objections, prosecutors repeatedly pointed out that Gongora failed to take the witness stand. The trial judge declined to grant a mistrial and later rejected Gongora's direct appeal. The CCA also rejected Gongora's argument that the constant comments violated his Fifth Amendment protections, saying the comments were not so blatant that they would have prejudiced the jury. The Fifth Circuit seemed none too amused. Not only was the CCA wrong, the Fifth Circuit ruled, but to conclude otherwise empties all meaning of this cornerstone of rights upon which our criminal justice system rests. Its very centrality renders it a primer rule - etched in the minds of all players in a criminal case. ... Repeated and direct violations are both inexplicable and inexcusable. Not only was the evidence against Gongora fairly weak, the panel noted, but based on notes from the jury during their deliberations, it appears they focused on who and who had not testified - just as prosecutors had suggested they should. Gongora will be released from prison within 6 months unless he is retried or pleads guilty, the court wrote. (source: Austin Chronicle) *** Bill Would Limit Execution of Intellectually Disabled Before Texas executed Marvin Wilson last year for the 1992 murder of Jerry Robert Williams in Beaumont, his case generated headlines, reminding the nation of a rather unique corner of death penalty law here. The standards used to determine whether a Texan convicted of murder is mentally fit to be executed are based in part on the fictional character Lennie from John Steinbeck's classic novel Of Mice and Men, a fact that enraged the author's son. I find the whole premise to be insulting, outrageous, ridiculous and profoundly tragic, Thomas Steinbeck said, calling for a halt to Wilson's execution. I am certain that if my father, John Steinbeck, were here, he would be deeply angry and ashamed to see his work used in this way. State Sen. Rodney Ellis, D-Houston, said Wilson's execution and other cases left him feeling embarrassed for his home state. It's junk science. Its not a credible way of making a decision, he said. So Ellis filed Senate Bill 750, which would establish new -- and, he argues, more scientific -- standards to determine when a convicted Texan is too intellectually disabled to face the death penalty. The bill revives a decade-old fight with prosecutors, who argue that the current standards are adequate and that Ellis' proposal would make it too easy for defendants to make a case that they are mentally retarded and exempt from the death penalty. Sen. Ellis' proposal creates two or three additional bites at the apple for a defendant to show he is mentally retarded, and it skews the process, said Shannon Edmonds, spokesman for the Texas District and County Attorneys Association. In 2001, Texas lawmakers approved a bill by then-state Rep. Juan Chuy Hinojosa, D-McAllen, now a state senator, that would have implemented new requirements for courts to have independent experts evaluate defendants to determine whether they were mentally retarded. Gov.Rick Perry
[Deathpenalty] death penalty news----TEXAS, PENN., OHIO, GA., CALIF.
Sept. 18 TEXASimpending execution Families still grieving as car wash killer's execution nears Robert Wayne Harris has a date with death later this week. Harris, 40, has been on death row since he was convicted of killing 5 former co-workers at the Mi-T-Fine car wash in Irving on March 20, 2000. Just 1 day, it hits you, and you just cry and cry and cry, Charity McFadden said through tears in an interview at her West Texas home. Her mother, Rhoda Wheeler, then 46, was shot along with assistant car wash manager Dennis Lee, 48, of Irving; Agustin Villasenor, 36; his brother, Benjamin Villasenor, 32; and Roberto Jimenez Jr., 15. [Harris] broke up a family, McFadden said. She was the glue that held our family together. McFadden and others plan to travel to Huntsville to view Thursday's scheduled execution, making Harris the eighth person put to death in Texas this year. The state's Board of Pardons and Parole is expected to decide Tuesday whether to grant Harris clemency, a formality given to all death row inmates. His execution will close a painful chapter for his victims' families, who still freshly remember that day in 2000. I'll still continue to mourn my mother, said McFadden, but I'll never get over the anger of what he did. Harris said he walked into the MacArthur Boulevard car wash to beg for his job back. He had been fired and arrested for indecent exposure three days earlier after he was caught masturbating in the bathroom of the business. His arrival Monday morning, however, troubled co-workers who were preparing to open the car wash. One asked him to leave. In handwritten confessions presented during his trial, Harris said he got into a scuffle. I just lost all sense of being and pulled out my gun and started firing, Harris wrote. After I shot them, I just freaked out and sat down, cried, and started shaking. Within minutes other employees began arriving to start their day at work. Agustin Villasenor spotted his dead brother on the floor and ran to his side, Harris said. He then shot Augustin along with other co-workers who appeared. I just got scared, he wrote in his confession, which was presented during his murder trial. I made a terrible mistake and I'm truly sorry I did this. Prosecutors insisted his intentions were more sinister. Harris arrived at the car wash carrying a Ruger 9 mm weapon, forced Wheeler to open the safe holding $3,000, and then forced his colleagues to lie down before shooting them execution-style. Once he was arrested, Harris admitted to another murder, months earlier, of Sandy Scott. He led authorities to her decomposing body in a rural field. He told investigators he shot the 37-year-old mother in November 1999 because he thought she had stolen $200 from him. You'll never get over that, Scott's mother, Annette Riggs, told News 8. I wonder what she would have looked like? She would have been 50 years old in September. A jury took only 11 minutes to convict Harris back in 2000; he was sentenced to death soon after. News 8 met briefly with Harris on death row last month to discuss the crimes and his impending execution date. He agreed to speak with us, but backed out after arriving in the interview chamber. I want to try and get in touch with my attorney... I ain't going to say nothing, Harris insisted repeatedly, while adding that he deeply wanted to speak to apologize and tell my side of the story. He admitted he was sorry for what happened, and that he had to come to terms with his execution. I'm tired of being in here anyway, he said. Harris' reluctance to speak only added to the deep frustrations of his victims??? families, who have been haunted by unanswered questions. I would have liked for him to have told me, McFadden said, did he shoot [my mother] first? Did she have to sit there and fear for her life? That's a fear that I hope she didn't have to have. (source: WFAA) * Hearing In Calif. Involves Tests Of DNA From Lake Waco Triple Murder Case 2 California scientists who refused to show up in Waco for a court hearing are due in court in California Tuesday to explain why they skipped the appearance. Edward Blake and Alan Keel are scheduled for a contempt of court hearing Tuesday in Contra Costa County, Calif. over their refusal to show up for a court hearing last March in Waco. The 2 men, owners of a California DNA lab, tested samples of DNA that local attorney Walter S. Skip Reeves believes might lead to the release of Anthony Melendez, who is the only surviving defendant in the murders of 3 teenagers in 1982 at Lake Waco. In July the ex-wife of the former prosecutor who won a conviction against Melendez for his alleged role in the grisly murders of the three teens contacted a California criminalists group and asked it to investigate why a California DNA lab is refusing to turn over its findings in the case. Bernadette Feazell, the
[Deathpenalty] death penalty news----TEXAS, PENN., OHIO, IND., USA
May 24 TEXAS: Death sentence upheld for Blaine Milam, another East Texas killer An appeals court upheld the death sentence for a Rusk County man convicted in the 2008 beating death of his girlfriend's 13-month-old daughter. Texas Court of Criminal Appeals upheld the ruling. Evidence showed the child was bitten some 30 times and beaten with a hammer at Milam's Rusk County trailer. In a 2nd case, 25-year-old Demontrell Miller was sent to death row for the 2008 beating death of his girlfriend's 2-year-old son while he was babysitting the boy and his own 5-month-old son at a Tyler apartment complex. The court Wednesday rejected what attorneys for the convicts said were 20 errors at Milam's trial and 28 at Miller's trial. Neither man has an execution date and both could pursue federal appeals. (source: News-Journal) PENNSYLVANIA: Judge admonishes Hitcho during closings in cop murder sentencing George Hitcho Jr. was the judge, jury and the executioner when he shot and killed a Freemansburg police officer last summer and his actions merit a death sentence, District Attorney John Morganelli argued in his closing statements Thursday. A Northampton County jury must decide whether Hitcho should be sentenced to die by lethal injection or spend the rest of his life in prison without parole for killing Officer Robert A. Lasso. The same panel last week found Hitcho guilty of 1st-degree murder after deliberating just 35 minutes. During Morganelli's closing arguments before the jury, Hitcho occasionally shook his head back and forth. I'm tired, I'm tired of hearing his lies, Hitcho told one of his defense team, Michael Corcoran, in a voice that could be heard during Morganelli's argument. Hitcho's muttering prompted Judge Anthony Beltrami to interrupt Morganelli and address the defense table. You need to use a whisper when you talk with your counsel, Beltrami told Hitcho. Morganelli argued the jury should sentence Hitcho to death because it's the verdict he deserves, not the verdict he desires. If Hitcho is sentenced to life in prison without parole, he'll still have the company of other inmates and will be visited by friends and family, Morganelli said. Give him the same compassion he showed Officer Lasso when he shot him in the head, Morganelli said. Give him the same mercy. After a short recess Thursday morning, Chief Public Defender Michael Corriere will argue to the jury why Hitcho's life should be spared. Beltrami said after he gives legal instruction, the jury will begin deliberation. On Aug. 11, Lasso was at Hitcho's New Street home after being called for an argument between Hitcho and a neighbor. Police said Lasso was being attacked by Hitcho's dogs and was moving to use his stun gun against them when he was felled by a 12-gauge blast from behind. Over three days in this week's sentencing hearing, Corriere sought to paint Hitcho in human terms by showcasing the good and bad throughout the 46 years of his life. Corriere called Hitcho an otherwise nonviolent man who faced many challenges, including drug and alcohol dependency, and physical and possibly sexual abuse. Defense witnesses claimed that Hitcho suffered from brain damage from motorcycle accidents that left him prone to anger, frustration and agitation. Chronic pain also set him on edge, and had gotten worse after a 2007 motorcycle crash that made it difficult for him to work, according to defense testimony. In the months before the shooting, Hitcho had become increasingly paranoid, pushing away friends and leading an isolated existence, Corriere said. Morganelli said nothing from Hitcho's life offsets the killing of Lasso. He dismissed claims of brain damage as manufactured. He also argued there was violence in Hitcho's past, highlighting a protection-from-abuse order his former wife got against him. Morganelli said Hitcho deserves to be executed for a crime that targeted a protector of the community and left a family shattered. Jurors also heard this week from Lasso's loved ones, who described the heartbreak they have suffered since the 31-year-old married father of two was killed. For a death sentence to be imposed, all 12 jurors must agree it is appropriate. (source: The Morning Call) OHIO: Condemned Ohio inmates' injection claim denied A federal judge has rejected claims by 2 condemned Ohio inmates challenging the constitutionality of the state's lethal injection process. The 2 are the next inmates scheduled to die in the state, with Abdul Awkal set for execution June 6 and John Eley set to die July 26. The 2 challenged Ohio's lethal injection process on the grounds it fails to guarantee the state won't execute someone who is insane, mentally disabled or was a juvenile when the crime was committed. U.S. District Court Judge Gregory Frost on Wednesday said Awkal and Eley have misunderstood Ohio's long-running injection lawsuit, which
[Deathpenalty] death penalty news----TEXAS, PENN., OHIO, USA, LA., WASH.
Aug. 21 TEXAS: Year-old state office challenges death sentences Brad Levenson wasn't thrilled to watch the condemned prisoner die, but he believed it was his duty to his client — and to the state-funded agency he now leads, charged with defending people who have been sentenced to death. It was the 1st execution he'd ever seen. No matter how many pictures you see and other attorneys describing it, it's just a surreal experience, Levenson said of the lethal injection earlier this year of convicted killer Cary Kerr. I was haunted by that for weeks, thinking there was something we could have done, he said. I don't want this to sound insensitive. I needed to see an execution to do the work I do... I had to see the start and the finish. After years of handling death penalty cases as a federal public defender in California, which has the nation's largest death row but rarely carries out the ultimate punishment, Levenson heads the year-old Texas Office of Capital Writs, an independent state agency tasked with scrutinizing capital murder trials to ensure they were legally proper. The Texas Legislature created the office two years ago after repeated embarrassing instances of shoddy legal work by appeals attorneys representing capital murder convicts. The agency now handles the state appellate process for nearly all new Texas death penalty cases. So far, I think we are seeing the system work as we intended and hoped, said Sen. Rodney Ellis, the Houston Democrat who sponsored the measure creating the agency. Considering the mistakes made in Texas to date, we should pay for this safety net and pray it's adequate enough to get the job done right. More than a dozen states have similar operations, but Texas was the largest without a public office to address death penalty appeals. None of the other states with capital punishment executes people as frequently as Texas. The primary method of getting a new trial following a criminal conviction is to file a habeas appeal, which argues that a major legal mistake was made during the first trial. In Texas, courts generally will hear only one habeas appeal and attorneys should raise such claims early, as the cases wind through the judicial system. Andrea Marsh, executive director of the Texas Fair Defense Project, a group that works to improve legal help for poor Texans accused of crimes, said the role of habeas attorneys is crucial. The lawyer is basically required to reinvestigate the case from beginning to end, she said. If a lawyer makes a mistake ... it is almost impossible to fix it down the road. That's what happened in a number of cases in previous years when private lawyers — appointed and paid by the state — didn't even bother to meet their clients, filed faulty appeals in which the facts didn't match the inmate, or filed cursory appeals that courts quickly dismissed. For some attorneys, habeas cases were money spinners that required little real effort and their clients suffered as a result, or the attorney just took on too many clients, or didn't have the expertise. The state was spending a lot of money, but not getting quality legal services, Marsh said. Now they're getting their money's worth. Since opening for business last September, the Office of Capital Writs has about a dozen clients on death row. This is where the help was needed most, said Levenson, 51, explaining why he took the job. Levenson directs a team of attorneys, investigators and staff working out of quarters just a few blocks north of the capital building in Austin. Working with an annual budget of about $850,000, they focus on habeas writs, essentially trying to determine if mistakes were made at the trial. What I think is great about this office is this is all we do, he said. This is not a machine, but we know how to get the case, what to look at, what experts to look at, what issues might go. Levenson said he couldn't imagine letting a client go to an execution without a lawyer present, but then he's not a career attorney. He was an actor in New York City, then a bond trader with big Wall Street firms before going to law school in Los Angeles and joining the California attorney general's office as a prosecutor. He spent 11 years there. At some point I realized I wasn't on the right side, he said. I'm very thankful the federal public defender office took me in. It was a big risk for them. Levenson's team concentrates on recent convictions, but picked up Kerr's case when he was within weeks of execution for a rape-slaying near Fort Worth and without a lawyer. We were trying to find a legal argument that cuts to the chase, that the courts will be either interested or won't be interested, he said. They weren't. In an area of the profession where losing in court means his client likely dies, Levenson said victories can be as meaningful as reconnecting a prisoner with his family or getting a
[Deathpenalty] death penalty news----TEXAS, PENN., OHIO, OKLA.
Oct. 6 TEXAS: Mayor Cook on guitar against Texas' death penalty In a dark blue pin-striped suit, crisp white dress shirt, snug red tie and shiny brown dress shoes, El Paso Mayor John Cook sure didn't look like any folk singer. But he slung one knee over the other, braced his guitar and belted out a couple songs Wednesday night in Austin just as he has in five other cities across the state, playing with a variety of musicians promoting abolition of the death penalty in Texas. I don't think we, the state, should have the right to take a person's life, Cook said in an interview before he took the outdoor stage at Scholz Garten in Austin. The mayor has been on a mission this year with the Music for Life Tour. The tour, affiliated with the Texas Coalition to Abolish the Death Penalty, stopped in El Paso in April and organizers asked Cook if he'd join them for a concert at Club 101. I said, 'Sure, sounds like a blast,' Cook said. He had such a blast that, despite his political advisers' recommendations, he asked the organizers if he could join them on the rest of their stops. Cook has taken his song stylings to concerts in Dallas, Arlington, Fort Worth and Waco, appearing with musicians such as Sara Hickman and The Austin Lounge Lizards. At Wednesday's show in Austin, humorist, author and former gubernatorial candidate Kinky Friedman joined the show. For me, it's a moral and religious conviction, Cook said of his opposition to the death penalty. The chances, he said, are too great that an innocent person could be executed. And God, he said, gives humans the right to seek punishment, not vengeance. But the death penalty has strong support in Texas, which has the most active death chamber in the nation. Cook, who last week announced he plans to run for re-election, knows his position is not a politically popular one, and he said he even has lost friends over it. But he said leaders shouldn't be phony about their beliefs. Plus, being in the shows has been fun for the mayor, who seems to relish any opportunity to pick up his guitar and sing. The concerts, he said, reminded him of his days in New York during the 1960s. He and his 3 brothers played all over Greenwich Village and at high-school hootenannies. The Music for Life concerts, though, had a more serious tone, and during his turn on stage, Cook performed a song he composed about the Sept. 11 terrorist attacks. He encouraged the eclectic audience gathered under the trees outside the German pub to ask questions about the death penalty and why Texas kills more people than any other state. It's your tax dollars that put that person to death, he said, so you're responsible for that. Ysleta resident Gloria Espinoza said she thought it was good that Cook would take such a strong stand against the death penalty. Espinoza's husband of 28 years, Guadalupe Espinoza, was killed by a neighbor nearly 12 years ago. He killed him cold-bloodedly, she said. His killer, 73-year-old retired police captain Margarito Mendez, was sentenced to 20 years in prison. Though she still mourns for her husband, Gloria Espinoza said she wouldn't want Mendez to be executed. Her husband, a religious man, she said, wouldn't have wanted that either. It wouldn't do us any good, because my husband can't come back, Gloria Espinoza said. She was among the speakers when the Music for Life Tour stopped in El Paso at Club 101. That's where tour organizer and Austin musician Sara Hickman met Cook. The El Paso stop, she said, was a memorable one not only because of the singing city leader, but because of the mixed crowd that came out for the show. There was these punkers walking around and nuns co-mingling, and, to me, well (that is) as diverse as you can get, Hickman said. Hickman said Cook was the only one of several mayors she contacted who agreed to get involved. Only one other mayor, she said, even responded to her letter. It's not a popular subject, she said. Having Cook on the tour, she said brought the stature of an elected official and he brought spirituality to the shows that other Christians could relate to. He's very humble, and his humility shines through, Hickman said. The tour ended Wednesday in Austin, but Hickman said she hopes the shows started a dialog in Texas communities. And, she said she hoped Cook would inspire other politicians to speak out, even if they are for the death penalty. It's not just a dialogue about the death penalty, she said. It's a dialogue about having dialogue. Why can't we talk about racism? Why can't we talk about abortion? Why can't we talk about economics, especially right now? (source: El Paso Times) PENNSYLVANIA: Man fights death penalty 3rd time3rd sentencing hearing set in death The only question facing jurors when Freeman May's sentencing hearing begins today is whether he should be put to death for killing a waitress in 1982. It's the 3rd time prosecutors are being forced to argue that May deserves
[Deathpenalty] death penalty news----TEXAS, PENN., OHIO, CALIF., FLA.
July 18 TEXAS: Judge delays ruling on DNA tests in 1983 slayings near Sherman After a contentious 90-minute hearing, a state district judge on Thursday delayed ruling on whether possible evidence in a 1983 quadruple slaying should be submitted for further DNA analysis. Lawyers for death row inmate Lester Leroy Bower Jr. argued that DNA tests could bolster Bower's claim that he did not kill Bob Tate, Philip Good, Jerry Mack Brown and Ronald Mayes, whose bodies were found in an airplane hangar just east of Sherman. Bower, an Arlington chemical salesman and family man, was arrested 3 months after the bodies were found. Investigators found pieces of an ultralight aircraft missing from the hangar in Bowers home. He was convicted of capital murder in 1984. On Thursday, a Grayson County prosecutor told Judge Jim Fallon that DNA tests would be academic because of the significant circumstantial evidence introduced against Bower in his trial. Bowers execution had been set for July 22, but Fallon postponed it so he could consider the defense motion for testing. In recent court filings, Bower's lawyers say 2 new witnesses have come forward to implicate 4 other men in the slayings. Bower's lawyers say that much of the witnesses' testimony has been corroborated by their own investigation. If the DNA is determined to belong to another suspect, don't you think that would be important at trial? Fallon asked prosecutor Karla Hackett. The tests might have made a difference if [Bower] didn't have the stolen aircraft in his home and hadn't lied to the FBI over and over, Hackett replied. At the end of the 90-minute hearing in a crowded courtroom, Fallon allowed prosecutors and defense attorneys two more weeks to file motions on the issue. Bower's wife, 2 adult daughters and several supporters sat on one side of the courtroom, across the aisle from relatives and friends of the victims. I'm sympathetic to the victims families for the need for closure, Fallon said. It's been dragging on one way or another for 24 years. It's ridiculous. (source: Fort Worth Star-Telegram) PENNSYLVANIA: Police testify Chambersburg man admitted killing Street A Chambersburg man charged with criminal homicide in the February shooting death of another man admitted to the killing after he was apprehended, according to preliminary hearing testimony Thursday. 2 witnesses also testified they heard a sound like shots being fired, with one stating he saw Juwan Johnson standing outside the vehicle and the body of 24-year-old Gregory Street inside. Johnson, 24, also known as Juan R. Johnson, of no fixed address, is also charged with robbery and theft in the incident in the 300 block of East Washington Street on the afternoon of Feb. 1. Magisterial District Judge Gary Carter ordered Johnson bound over on all charges and set his mandatory arraignment for Aug. 27. I heard a 'pop, pop, pop.' At the time, I didn't realize what it was, testified Shelby Flythe, Street's girlfriend. Flythe testified she parked outside her house and went in to use the bathroom when she heard the noises. Donnelle Hill, who lives across the street from Flythe, testified he walked past Flythe's 2004 Ford Excursion and saw Street in the front passenger seat and a man sitting behind him. Hill testified he was inside when I heard 3 loud pops, looked outside, saw a man he recognized as Johnson standing next to the vehicle and Street slumped over the front seat. It looked like there was a hole in his head and smoke coming from it, Hill testified. He also testified he saw blood. Johnson looked at him and said What? Hill testified. Earlier, Flythe testified she was coming downstairs, heard a door slam and smelled marijuana smoke. Her 4 children and another relative told her Johnson had been in the house, she testified. Flythe testified she and Street had picked up Johnson at a bar because he supposedly knew how to track down a relative of her former eye doctor to get a prescription. The 3 drove to a bar, a mobile home park, a house and a store where Street met with people, she testified. At the store, where Street bought cigars, he spoke with a woman who wanted marijuana, Flythe testified. Street asked Johnson if he had any trees and then Johnson spoke with the woman, Flythe testified. Defense attorney Greg Ablen asked Flythe if Street sold drugs and what was the purpose of all the brief stops. I don't know, she answered to both questions. They went to all these places and didn't tell you anything? Ablen asked. When she parked outside her house, Flythe testified Street had followed her inside, leaving Johnson in the vehicle. After she heard the popping noises, she testified it was about 2 minutes before she went outside, saw Johnson speeding away and called 911. Street's body was found the next morning in Harrisburg, Chambersburg Police Department Detective Jon Greenawalt testified. Johnson remained at large until March 6 when he was picked up in
[Deathpenalty] death penalty news-----TEXAS, PENN., OHIO, COLO., ALA., FLA.
April 6 TEXAS: Man charged with capital murder in stabbing A 29-year-old Palestine man described as a long-time friend of his alleged victim has been arrested and charged with capital murder in connection with last summers brutal stabbing death of a 27-year-old local man. Jeramy Lee Kennedy, 29, of Palestine was arrested at the Palestine Police Department shortly after 10 p.m. Tuesday after he had been requested to come there for an interview, according to Palestine Police Det. James Muniz. A warrant for Kennedy's arrest signed by 349th State District Judge Pam Foster Fletcher was obtained during the interview, according to Muniz. Kennedys bond was set at $1 million by the judge, according to the detective. As of late Wednesday afternoon, Kennedy remained in the Anderson County Jail, according to Anderson County Sheriff Greg Taylor. The body of 27-year-old Jarod Lee Evans, who had been stabbed almost 5 dozen times, was discovered by a relative inside his residence on Ferguson Road during the early afternoon hours of June 24, 2006. Police said Wednesday they believe Evans had been dead for several hours at the time of the discovery. An autopsy performed at the Southwestern Institute of Forensic Sciences in Dallas showed that the victim sustained a total of 57 sharp force injuries of the head, neck, upper chest, hands and left side of the chest. The most notable wound penetrated 6 inches into the left side of Evans chest, perforating part of the lung and the heart, according to the autopsy. No murder weapon has been recovered in the case. Authorities have been relatively tight-lipped regarding their investigation into Evans' murder, but provided some general details Wednesday. There was a large volume of blood in the dining room and kitchen area (of the residence), Palestine Police Det. Nick Webb said Wednesday, describing last summer's murder scene. Muniz, the lead investigator in the case, interviewed Kennedy and multiple other persons on the day of Evans' murder. When asked, the detective said, during that interview, that he noted Kennedy had scraps, bruises and scratches without going into specific detail. Also during that initial interview, authorities obtained a DNA standard from Kennedy, according to Webb. Muniz described the suspect and victim as long-time friends, but added there had been an ongoing disagreement between the 2 in the time frame prior to Evans' death. At this time, Webb said there is no evidence to suggest there were any eyewitnesses to Evans' murder. Over the past several months, authorities have been waiting for several pieces of evidence to be analyzed by the Texas Department of Public Safety crime laboratory in Waco. Virtually all law enforcement agencies in the state rely on DPS labs to process some pieces of evidence which sometimes puts the investigative process at somewhat of a stalemate. Obviously, it's a 10-month investigation that required a huge amount of evidence analysis and the results of that analysis led to one suspect, Webb said. The analysis of the DNA evidence along with the other evidence gathered, such as witness statements, pointed toward Kennedy as our suspect. We had dozens of witnesses to talk to and hundreds of items of evidence to have interpreted and analyzed, Webb continued. Police spent over 20 hours at the murder scene over 2 days in the initial stages of the investigation, according to Webb. Webb and DPS Sgt. Rudy Flores, a local Texas ranger, have assisted Muniz in the investigation. Police do not believe any other persons participated in Evans murder, according to Webb. Webb said police elected to charge Kennedy with capital murder since he allegedly committed a robbery during the commission of the murder, stealing a small amount of money from the victim. Adults charged with capital murder are eligible to receive the death penalty in Texas. Late Wednesday morning, Anderson County District Attorney Doug Lowe said he was aware of Kennedys arrest, indicating it was too early to comment on whether his office would seek the death penalty in the case. That's always an option in a capital murder case. Lowe said. Autopsy results showed that Evans had multiple controlled substances and other drugs in his body at the time of his death, including cocaine, methadone and hydrocodone. Although no testing was performed on the suspect, Webb said there is evidence to support that Kennedy was also using drugs around the time of the alleged offense. Anderson County Jail records show Kennedy has been incarcerated in that facility approximately a dozen times since 1996, mostly on misdemeanor and traffic offenses. He was, however, arrested for burglary of a building and burglary of a habitation during the summer of 1996, according to those records. Although uncertain of the specific dates, Muniz said Kennedy had been convicted of burglary of a habitation in Anderson County and served a prison term in the Texas Department of Criminal
[Deathpenalty] death penalty news---TEXAS, PENN., OHIO, GA., MO., TENN., USA
April 3 TEXAS: Tabler sentenced to death Richard Lee Tabler, whom his victims' families labeled a monster and an animal without feelings, became the 386th person on Texas death row on Monday. Tabler, 28, showed no emotion as 264th District Judge Martha Trudo read the jury's verdict sentencing him to death. Seated 3 rows behind him, Tabler's sister and mother cried at the verdict handed down by the jury of 5 women and seven men, who deliberated a little less than 3 hours. Across the courtroom, Tabler's victims' family members silently grasped hands and smiled. Later, Tabler shook hands with his 3 attorneys and then looked over at his mother and sister as deputies escorted him to a holding cell. A Bell County jury found Tabler guilty of capital murder on March 21 for killing Haitham Frank Zayed and Mohammed Amine Rahmouni on Nov. 28, 2004. During the punishment phase, the same jurors listened to evidence, including Tabler's confession, in the deaths of Tiffany Dotson and Amanda Benefield on Nov. 28, 2006. Monday afternoon, jurors found Tabler posed a continuing threat to society and there were no mitigating circumstances for his crime, which then sentenced him to death. Some of those jurors grabbed tissues and wiped away tears, as his victims' family members turned and thanked them and then addressed Tabler during a victims' impact statement. Tabler stared straight ahead with occasional looks at family members. To Mr. Tabler - we consider you a monster, Mary Dotson said as her husband Andy Dotson stood next to her. You ended not only our daughter's life without a thought, but other families' children, too. You took what was not yours to take. Mrs. Dotson said her step-daughter would continue to live in their hearts and memories. We hope you are haunted by her beautiful smile and her infectious laugh, she said. We send the suffering you caused us back to you. We hope you suffer every single day for the rest of your life. Another Bell County man on death row Richard Tabler joins 385 men and women on death row in Huntsville, including another man sentenced from Bell County who had his sentence commuted. Derrick Jermaine Guillen was found guilty in 1999 for raping, robbing and murdering Margaret Shores in Temple on March 26, 1998, and sentenced to death. However, because he was 17 at the time of the crime, his sentence was commuted to life in prison on June 24, 2005, after the Supreme Court ruled those 17 and younger could not be sentenced to death for their crimes. Denard Manns, 32, was sentenced to death on March 4, 2002, for killing 25-year-old Army medic Michele Christine Robson after he sexually assaulted her in her apartment on Nov. 18, 1998. After shooting her 4 times in the head, he took her credit cards, cash and car. 2 death row inmates from Bell County have been executed. Christopher Black Sr. was 43 when he was executed on July 9, 2003, for killing his 17-month-old granddaughter Katrese Houston on Feb. 7, 1998. Black also had been charged with killing his wife Gwendolyn Black, and 5-month-old-daughter Christina Black. After shooting them, he called 911. When officers arrived, he was holding his dead daughter in his arms. (source for both: Temple Daily Telegram) ** Jury selection begins in capital murder case Jury selection began Monday in a potential death penalty capital murder case, although the start of trial is still several weeks away. More than 140 people filled the 354th District Court for the voir dire process in the case of Adam Kelley Ward, 24, of Commerce, who is facing one count of capital murder involving the death of Commerce Code Enforcement Officer Michael Pee Wee Walker. Ward remains in custody at the Hunt County Jail in lieu of $2 million bond. He has pleaded not guilty. The Hunt County District Attorneys Office has announced it is seeking death by lethal injection as a punishment for Ward, should he be convicted of capital murder. The jury selection process begins with interviews of the jury pool to determine their backgrounds and any potential biases. Once the prosecution and defense attorneys have made their preliminary eliminations, the remaining members of the jury pool will receive questionnaires which they will be asked to complete and return before they will be individually interviewed by prosecution and defense attorneys. Opening arguments and the start of testimony in the trial are not currently expected to begin until the 1st week of June. Walker, 44, was working as a code enforcement officer on the morning of June 13, 2005 and was taking photos of alleged violations at the home where Ward lived on Caddo Street in Commerce. An investigator with the Texas Rangers claimed that after Walker and Ward had a brief verbal altercation, Ward went back inside the residence and retrieved a .45 caliber semi-automatic pistol, then returned and shot Walker several times. Ward was arrested a short time later.
[Deathpenalty]death penalty news----TEXAS, PENN., OHIO, USA
July 5 TEXAS: 5th Circuit Court rules in its own wayIts decisions have a history of defying the Supreme Court AT A GLANCEAbout the 5th U.S. Circuit Court of Appeals: -Home: Based in New Orleans, serves the region comprising Texas, Louisiana and Mississippi. -Cases: A court of appeals hears appeals from the district courts within its circuit, as well as appeals from decisions of federal administrative agencies. -Judges: The 5th Circuit Court has 17 active judges, but nearly all cases are handled by three-judge panels. Occasionally, the entire court sits en banc to consider a case. DEFIANT HISTORY In at least 6 cases in the past 5 years, the U.S. Supreme Court has rebuked the 5th U.S. Circuit Court of Appeals for not following the law laid down by the higher court in death-penalty cases. -June 2001: Supreme Court overturns the 5th Circuit Court for the 2nd time in the case of Texas killer Johnny Paul Penry. The high court said in a 6-3 ruling that the lower court failed to enforce the spirit of its 1989 decision in the same case requiring juries to consider evidence that could lead to a life sentence rather than death. -February 2003: The court finds in an 8-1 decision that the 5th Circuit should have given Thomas Miller-El a chance to appeal his capital murder conviction. The court explicitly outlines how the 5th Circuit should analyze the case. -February 2004: Citing what it calls prosecutorial misconduct, the Supreme Court throws out the sentence of Delma Banks Jr. Ruling 7-2, the court says Bowie County prosecutors allowed 2 key witnesses to lie to the jury and did not tell the defense that one witness was a paid police informant and the other a 2-time felon whose arson charge was dropped in exchange for his testimony. -June 2004: The Supreme Court rejects a method of review devised by the 5th Circuit Court for cases in which the accused has low intelligence. In a 6-3 ruling in the case of Robert Tennard, the court says the test has no foundation in the decisions of this court. -June 15: The Supreme Court again reverses the 5th Circuit in the Miller-El case, saying in a 6-3 ruling that the lower court's reasoning blinks reality. During oral arguments, the justices express displeasure that the 5th Circuit adopted the reasoning of the lone dissenting opinion in the Supreme Court's previous rebuke to the lower court. Even with its reputation for being unfriendly to death penalty appeals, the 5th U.S. Circuit Court of Appeals was expected to follow directions last year when they came from the U.S. Supreme Court. The high court had issued at least 3 opinions chastising the lower court for failing to abide by previous rulings. Most recently, in an 8-1 decision in 2003, it had lambasted the appeals court for rejecting an appeal by condemned murderer Thomas Miller-El and sent it back for a new hearing. So observers were floored when the 5th Circuit issued a new opinion in the Miller-El case that ignored a majority ruling spelling out how the lower court should rule. Even more surprisingly, the lower court used the language of the lone dissenting justice, Clarence Thomas, in some cases lifting entire paragraphs without attribution. That instance convinced many that the lower court had crossed a line and was openly defying the Supreme Court. It's extraordinary, said Neil Siegel, assistant professor of law and political science at Duke University. They got smacked down once and they came back with what was verbatim from the sole dissent. It appears to be an act of outright defiance. As expected, the Supreme Court issued another rebuke recently in unusually strong language, saying the 5th Circuit's opinion blinks reality. The Supreme Court came very close to saying that the (appeals) court was disingenuous, said Sandra Guerra Thompson, a professor at the University of Houston Law Center. Aggressive and willful Defiance is the word Thompson and other scholars and attorneys used to describe the 5th Circuit's opinion in the case of Miller-El, who was convicted in Dallas County. Siegel says the opinion confirmed a defiance that was merely suggested in the 5th Circuit's earlier rulings. The 5th Circuit is more out of step than any circuit in the country when it comes to the death penalty, Siegel said. You just don't see anything like this in any other court. The way they differ from other courts of appeal is the aggressiveness and the willfulness in capital cases. Part is ideology and part is willfulness, a refusal to get the message from the Supreme Court, he said. Among those who agree is Jim Liebman, a professor at the Columbia University law school who headed a study examining 22 years of U.S. capital cases. Liebman said his study showed that some courts, such as Texas state courts and the 5th Circuit, adopt the attitude, 'We are not going to look at these cases clearly and it's going to take a 2-by-4 to the head before we are going to overturn these cases.' The Supreme
