[Deathpenalty] death penalty news----S.C., GA., FLA., ALA., MISS., MO., KAN., OKLA.

2017-05-27 Thread Rick Halperin





May 27



SOUTH CAROLINA:

Why SC's death row inmates continue to avoid execution


Serial killer Todd Kohlhepp avoided a death penalty by pleading guilty Friday, 
but even if he had gone to trial and had been given a death sentence, he likely 
would not have been executed.


Solicitor Barry Barnette said, "Kohlhepp deserves the death penalty, but the 
reality of the situation is that our state doesn't have a functioning death 
penalty. The last execution occurred in 2011 and the state's supply of lethal 
injection drugs expired shortly thereafter.


"The victims' families as well as Kala Brown wanted closure instead of the 
uncertainty of a death sentence," Barnette said.


The State of South Carolina currently has 38 inmates serving sentences on death 
row. Half of the death row population has served at least 15 years awaiting 
their fate. The oldest case dates back to 1983.


Barnette cited the Spartanburg County case of Richard Bernard Moore as an 
illustration of the problem with the current law. Moore was sentenced to death 
in 2001 for fatally shooting convenience store clerk James Mahoney. He is still 
on death row, with additional appeal matters that need to be addressed.


"The family of James Mahoney has endured what appears to be an endless wait for 
justice," Barnette said. "I don't want anyone else go through something like 
this. I hope the families involved in the Kohlhepp case can rest easier knowing 
he will leave prison in a casket."


Use of the death penalty has steadily decreased in South Carolina, partially 
due to the uncertainty of the process, but also because of the high costs 
associated with it.


The Death Penalty Information Center reported that Prosecutor David Pascoe 
initially planned to seek the death penalty for a mother who killed her two 
children, but changed his mind, with cost being one factor: "Once you file for 
the death penalty, the clock gets moving and the money, the taxpayers start 
paying for that trial."


Rep. Tommy Pope, a state legislator and former prosecutor who sought the death 
penalty for Susan Smith in a similar murder, now would tell victims' families 
to consider agreeing to a life-without-parole sentence instead of the death 
penalty. Life without parole was adopted by the state in 1995.


"(Life without parole) offers a measure of closure that 3 retrials in a death 
penalty case never would," Pope said.


The death penalty in South Carolina:

The youngest person executed was a 14-year-old black male.

The oldest was a 66-year-old black man.

Since Aug. 6, 1912, 282 executions were carried out by the State of South 
Carolina. Prior to 1912, executions were by hanging in the individual counties. 
Of the 282, 74 were white and 208 were black.


Of those executed, 280 were men and 2 were women.

In 1988, the new Capital Punishment Facility was relocated to the Broad River 
Correctional Institution.


An execution held in 1990 was the 1st in the new CPF.

The 1st execution in South Carolina by lethal injection was carried out on Aug. 
18, 1995.


Since 1985, there have been 43 executions in South Carolina.

All South Carolina death penalties have been for murder.

6 people were executed in the electric chair. The rest were executed by lethal 
injection.


Dylann Roof was sentenced in January to death by lethal injection for the 
Charleston church killings.


(source: WYFF news)






GEORGIA:

Judge Closes His Oldest Case by Vacating a Death Sentence - Again


Lawrence Joseph Jefferson's 1985 death penalty sentence for years has troubled 
federal judges who have reviewed the case.


Filed on April 23, 1996, it is the oldest case on U.S. District Senior Judge 
Clarence Cooper's docket - one he kept long after he became a senior judge in 
February 2009.


Ten years ago, Cooper vacated Jefferson's death sentence for the first time. On 
April 10, 2017, Cooper vacated Jefferson's death sentence once again. In a 
71-page opinion, Cooper reaffirmed the position he took a decade ago that 
Jefferson's trial counsel???one of whom is now a Cobb County Superior Court 
judge - had been constitutionally ineffective.


In the intervening decade, Cooper's original ruling was reversed by a split 
panel of the U.S. Court of Appeals for the Eleventh Circuit. The ruling 
included a strong dissent on Jefferson's behalf by U.S. Circuit Judge Edward 
Carnes, who as an assistant attorney general in Alabama had built a reputation 
repeatedly and successfully defending that state's death penalty.


The U.S. Supreme Court subsequently took up the case, filed one day before the 
enactment of the Antiterrorism and Effective Death Penalty Act of 1996, which 
greatly narrowed federal judges' authority to grant habeas petitions. In 2010, 
the high court vacated the Eleventh Circuit ruling and remanded the case for a 
determination as to whether the state court's habeas findings deserved the 
presumption that they were full and fair.


In his recent ruling, Cooper noted that 

[Deathpenalty] death penalty news----worldwide

2017-05-27 Thread Rick Halperin






May 27




VIETNAM:

Man indicted for murder of Vietnamese girl


Prosecutors indicted a man Friday for murdering a 9-year-old Vietnamese girl 
who attended an elementary school east of Tokyo where he was head of the 
parents' association.


The 46-year-old suspect, Yasumasa Shibuya, was also indicted on other charges 
including abandoning the body of Le Thi Nhat Linh, a third grader at the school 
in Matsudo, Chiba Prefecture, who went missing on March 24. Her body was found 
2 days later.


The identity of the girl was previously withheld because police suspect she was 
a victim of sexual assault, but her name is now being reported in accordance 
with her father's wish.


Shibuya, who was head of the parents' group at the time of the girl's 
disappearance, will be tried under the lay judge system. He has refused to 
speak about the case during questioning, investigative sources said.


The prosecutors decided to indict Shibuya based on evidence including a DNA 
sample taken from the victim's body that matched Shibuya and hair found in the 
suspect's car matched the victim's DNA.


Following the indictment, Le Anh Hao, the 34-year-old father of the girl, told 
reporters at his home in Matsudo that he "cannot forgive the perpetrator."


"I want the culprit never to forget that he killed my daughter, not just 'a 
girl,'" he said, asking media to use her name when reporting on the case. After 
Shibuya's arrest, Hao had requested that media not state his daughter's name.


Hao said he hopes to be present during the trial and that the death penalty 
will be imposed if Shibuya is convicted.


The girl is believed to have been strangled to death, given marks on her neck. 
She disappeared shortly after leaving home to walk to school on the morning of 
March 24.


Shibuya, who lives about 300 meters from the victim's home and is accused of 
abducting her by car, was initially arrested on April 14 on suspicion of 
abandoning her body near a drainage ditch in Abiko, Chiba. On May 5, he was 
served with a fresh arrest warrant on charges including murder.


Autopsy results suggest that the girl was likely murdered not long after her 
abduction.


(source: Japan Today)






GAZA:

Human Rights Watch opposes : The executions in Gaza not the rule of law


In response to the execution today of three men convicted of charges related to 
the killing of Hamas leader Mazen Fuqaha, Sarah Leah Whitson, executive 
director of the Middle East division of Human Rights Watch, said:


"Rushing to put men to death based on an unreviewable decision of a special 
military court days after announcing their arrests and airing videoed 
confessions smacks of militia rule, not the rule of law. Reliance on 
confessions, in a system where coercion, torture and deprivation of detainee's 
rights are prevalent, and other apparent due process violations further taint 
the court's verdicts. Death as government-sanctioned punishment is inherently 
cruel and always wrong, no matter the circumstance."


Since it took control of Gaza in 2007, Hamas authorities have carried out 25 
executions, most recently in April, and courts in Gaza have sentenced 111 
people to death, according to the Palestinian Center for Human Rights.


Human Rights Watch opposes the death penalty in all circumstances, because it 
is inherently cruel and irreversible.


(source: Palestine News Network)






IRANexecutions

3 Prisoners Hanged on Murder Charges


2 prisoners were reportedly hanged at Mashhad's Vakilabad Prison (Razavi 
Khorasan province, northeastern Iran) on Tuesday May 23 on murder charges. On 
the same day, prisoner was reportedly hanged at Zahedan Central Prison on 
murder charges.


The state-run newspaper, Khorasan, identifies one of the prisoners from 
Vakilabad Prison as H.N., 42 years of age, imprisoned for 17 years before his 
execution. According to the Khorasan newspaper, there was no evidence or 
confessions in the prisoner's case file, the prisoner was sentenced to death 
based on the testimonies of 50 relatives belonging to the murder victim. The 
report says that the prisoner claimed to be innocent throughout the entire 
imprisonment.


The report identifies the other prisoner from Vakilabad Prison as A.Kh., a 
34-year-old prisoner who was arrested in 2009 during a street fight at an 
intersection in the town of Sabzevar (Razavi Khorasan province).


The Baluch Activists Campaign reported on the execution at Zahedan Central 
Prison. The report identifies the prisoner as Abdolkarim Shahnavazi, 30 years 
of age. Prior to his execution, Abdolkarim and two other prisoners, identified 
as Habib Golbeigi and Saeed Hoot, were transferred to soliatry confinement in 
preparation for their executions. According to the report, Saeed's execution 
sentence was postponed by the complainants on his case file, and he was 
returned to his cell. The fate of Habib is not known at this time.


(source: Iran Human Rights)






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