Jan. 18
TEXAS----female may face death penalty
Corpus Christi woman indicted on capital murder charge in stepson's drowning
A Corpus Christi woman was indicted Thursday on a capital murder charge in
connection with her stepson's drowning.
Laura Lee Day, 47, was indicted on capital murder of a person under 10 years
old, according to online court records.
Capital murder carries only two punishment options - life in prison without
parole or the death penalty.
She also was indicted on charges of injury to a child with intent to cause
serious bodily injury and endangering a child.
Day remained in Nueces County Jail Thursday because she is ineligible for
release, jail officials said.
Her attorney, Gabi Canales, could not be reached for comment.
She was arrested Oct. 5 on a warrant issued on suspicion of endangering a child
in the death of Taylor Syring, 6.
According to an arrest affidavit, Day told police she picked Taylor up from
school and he asked to go to the beach. She said the two went south of Bob Hall
Pier about 6 p.m. Oct. 5 and Taylor had a life jacket on while they played in
the water.
Taylor then got out of the water to take his life jacket off, went back in, and
Day got out, according to the affidavit. Day watched Taylor play until she
noticed he was struggling. She went into the water, but couldn't find him until
she saw him floating face down, according to the affidavit.
She told police she blew into his mouth but did not administer chest
compressions. She took him onto the beach, and he began to throw up water. Day
then put Taylor in her Toyota FJ Cruiser and drove him to Corpus Christi
Medical Center Bay Area, according to the affidavit.
Day told police she never administered CPR, never called 911 and never asked
for help at the beach, according to the affidavit. She also told police she is
a diver and is certified to perform CPR, according to the affidavit.
Taylor's mother, Kelly Syring, has said Taylor was not a strong swimmer and she
wouldn't have let him go into the water by himself.
Day was jailed on $50,000 bail on the endangering charge but posted bond Oct.
10 and was released. She was rearrested Dec. 4 after she violated her bail
conditions.
(source: Corpus Christi Caller Times)
*******************
Stop pampering murderers
Re: "Leave revenge out of justice - Life in prison prevents killers from
killing again, says Norman Roberts," Jan. 12 Viewpoints.
I'm old enough to have read hundreds of columns like Roberts' all weeping and
gnashing of teeth over the death penalty. All these columsn share 1 thing in
common: There is never 1 word about the victims. A man might have trotured,
raped and killed several young girls, but all the sympathy from the writer is
for the poor death row inmate.
And the solution is always the same: life in prison. Once that occurs, the
bleeding hearts will be writing columns about how these poor men need more time
out of their cells, better exercise equipment and perhaps even a miniature gold
course to keep them happy.
The death penalty, if part of sure and swift justice, will deter criminals just
fine.
Paul Knopick, Denton
(source: Letter to the Editor, Dallas Morning News)
***************************
Executions under Rick Perry, 2001-present-----253
Executions in Texas: Dec. 7, 1982-present----492
Perry #--------scheduled execution date-----name---------Tx. #
254-------------January 29----------------Kimberly McCarthy---493
255-------------February 21---------------Carl Blue-------------494
256-------------February 27---------------Larry Swearingen----495
257-------------March 21------------------Michael Gonzalez----496
258-------------April 9-------------------Rickey Lewis-----------497
259-------------April 10-------------------Ribogerto Avila, Jr.---498
260-------------April 16------------------Ronnie Threadgill------499
261-------------April 24------------------Elroy Chester----------500
262-------------July 31-------------------Douglas Feldman------501
(sources: TDCJ & Rick Halperin)
ARIZONA:
Arias Interview to Be Used in Her Death Penalty Trial
Accused killer Jodi Arias talked to 48 Hours shortly after being arrested in
2008 for murdering her boyfriend, Travis Alexander, and now in a dramatic
trial, Arias' conversation is back to haunt her. Portions of her 2 interviews
with 48 Hours recounting the night Alexander died in 2008, their illicit sexual
relations and her penchant for capturing those moments with her camera, are now
being used in her death penalty trial.
"I've been sitting a lot in my cell thinking, 'what a waste,' you know? I did
have my whole future ahead of me," says Arias, in a story 48 Hours has been
covering for four years. "I had everything to lose and nothing to gain if I
killed Travis. I loved him and still love him."
Travis Alexander, a businessman, was savagely murdered in his home and was
found a week later when worried friends called police.
Arias first told 48 Hours that after another of their sexual encounters they
were the victims of a home invasion and two people dressed in black armed with
a knife and a gun attacked theM. Alexander was stabbed and on the floor. She
ran, she says, never telling anyone about what happened in the house that day.
She was sure he was alive when she fled the house.
"It was the scariest experience of my life," Arias says in the interview with
48 HOURS: "Picture Perfect - The Trial of Jodi Arias" to be broadcast Saturday,
Jan. 19, 2013 (10:00 PM, ET/PT) on the CBS Television Network. "It was just so
unreal. It was like a movie unfolding. Like a horrible movie."
At trial, her attorneys say Arias lied, and that she actually killed Alexander
in self-defense because she feared she would be killed first. Alexander, Arias
claims, had been abusive.
The prosecution and the defense both plan on playing the 2008 48 Hours
interviews as evidence for the jury as they make their cases in the death of
Travis Alexander.
Alexander was a successful businessman living in Mesa, Ariz., at the time he
met Arias. She was an aspiring photographer who was raised in Northern
California. He was a devout Mormon, which meant premarital sex was forbidden.
She became a Mormon, began introducing herself as his girlfriend and frequently
photographed their sexual encounters.
But there were other women, friends say. Arias found out about the others and
they broke up, she says, adding they remained friends. It was after one of
their sexual liaisons that Alexander was murdered, raising the question of
whether she killed him in a jealous rage or if there really were intruders.
Police say all evidence points to Arias, including images from a digital camera
found in Alexander's washing machine.
"It was a true whodunit, right from the beginning," Detective Esteban Flores
tells 48 HOURS. "We had no idea."
Correspondent Maureen Maher and the 48 Hours team piece together the tumultuous
relationship between Arias and Alexander, as well as the investigation into the
murder, using interviews with Arias, Alexander's friends, police and new trial
footage. "Picture Perfect - The Trial of Jodi Arias" is produced by Josh Gelman
and Jonathan Leach. Al Briganti is the executive editor. Susan Zirinsky is the
senior executive producer.
(source: Broadway World)
ALABAMA:
Butts served as county's 1st state Supreme Court Justice
With Tommy Bryan's investiture into Alabama???s Supreme Court, he became the
2nd Crenshaw County native to achieve that honor.
Terry Butts, who was born in Patsburg and graduated from Luverne, served as an
Associate Justice from 1994 to 1998.
His path to the Supreme Court was different from Bryan's as Butts rose through
District and Circuit courts.
However, both of their journeys started at Troy State.
Butts earned his bachelor's degree from Troy, which was followed by his Juris
Doctorate from the University of Alabama in 1968.
He began practicing law in Elba and also served as the Judge of the Coffee
County Court (which later became the District Court) and then for 18 years as
judge of the 12th Judicial Circuit, covering Pike and Coffee counties.
Having sat on the Supreme Court, Butts is able to offer insight into what the
position is like.
One of the foremost things a Supreme Court Justice deals with is the workload.
"This may be outdated, but it was true when I was there," Butts said.
"Supposedly, national studies show that a Supreme Court Justice should never
handle more than 44 cases maximum in a year. When I was there, and I don't
think it's different now, we were handling 2 1/2 times that."
Butts said one thing that surprised him was that he was never able to catch up
- new cases and appeals were constantly coming in from lower courts.
Because of that stream of cases, a Justice must read the associated paperwork
and transcripts in addition to writing opinions on cases where a verdict had
been delivered.
"There was never a weekend when I didn't work," he said. "You don't have that
large of a staff, and it takes all you can do to keep your head above water
with all the reading."
Butts also said that reviewing death penalty cases is also a lengthy process.
"On all death penalty cases, on the day of execution, every Supreme Court judge
has to be available at all times to determine whether or not to vote for a stay
of execution up until the minute of execution," he said.
"It's a very prestigious position, but it's truly work," Butts added. "The
other thing that you find challenging is that you are absolutely besieged
statewide for speeches and appearances. You can't generally find time to do
events and things like that."
After retiring from the Supreme Court in 1998, Butts has resumed private
practice in addition to serving on committees for the Alabama State Bar
Association, Troy University's Foundation Board, and the Crenshaw County
Industrial Development Board.
He has also successfully represented Alabama Governor Bob Riley and Chief
Justice Roy Moore, in addition to serving as an at-large delegate for Alabama
at the National Republican Convention since 2004 alongside his wife Suze.
Butts said it's his understanding that he and Bryan are the only 2 Supreme
Court Justices to ever come from Crenshaw County.
"It's a little unusual for a county of this size to have 2 living Supreme Court
Justices," he said. "I'm proud Tommy has made it. He's a good guy."
"Tommy will do a good job because he's familiar with it," Butts added.
(source: The Greenville Advocate)
USA:
James Holmes Trial Sparks Debate About the Death Penalty in America
Last July, 24-year-old James Holmes was arrested outside the Century 16 theater
in Aurora, Colorado.
Police suspected Holmes had just killed 12 people and wounded 58 others inside
the theater. Authorities recovered at the site of the shooting a .40 caliber
Glock 22 pistol, a 12-gauge Remington 870 shotgun, and a 5.56mm Smith & Wesson
M&P15, the latter sometimes mis-identified as an assault weapon but actually a
semi-automatic rifle.
All of these guns have been traced to purchases made by Holmes. The Glock was
found atop Holmes' Hyundai, where he was standing, dressed in tactical gear,
when taken in custody. When arrested, Holmes advised police his apartment was
booby-trapped, which was true. Notes from the arrest report state Holmes
"simply stared off into the distance" and "seemed to be out of it and
disoriented." At a preliminary hearing this month, witnesses have testified
that after the shooting Holmes seemed disconnected, indifferent, relaxed, and
detached.
Some observers expect Holmes' counsel to eventually enter a plea of not guilty
by reason of insanity. But defense attorneys were able to postpone making any
plea until March, as the judge decided there is evidence sufficient for Holmes
to face trial on 166 counts of homicide, attempted murder, and possession of
explosives. Of course these charges are only allegations; Holmes is innocent
until proven guilty.
Nevertheless, 12 people were killed. 58 were wounded. Someone had fired 76
shots at those people, based on the number of casings found inside the theater.
Whether it was Holmes or another person, someone inflicted this carnage.
Whoever the shooter was, does he deserve the death penalty? That question is
easy enough for most Americans to answer. Sure, mass murderers deserve the
death penalty. You kill a bunch of harmless people who have done nothing to
you, then executing you is a win-win: You get payback in kind, and we are done
with you.
Most of the world's social codes authorize a death penalty for murder. In the
U.S., we are guided primarily by Judeo-Christian ethics, but in our
increasingly pluralistic (and humanistic) society, other codes may be
influential. The Mosaic Law of traditional Judaism states "He who strikes a man
so that he dies shall surely be put to death." Early Christianity allowed that
"...if you do what is evil, be afraid; for [government] does not bear the sword
for nothing; for it is a minister of God, an avenger who brings wrath on the
one who practices evil." The Arapaho, the Indians who lived in the area prior
to Anglo settlement, would have required restitution in lieu of execution for a
murderer belonging to the tribe - but Holmes is a Californian and so as an
outsider would have been killed, had he murdered within their community.
Progressives, like the late British historian Eric Hobsbawm, are comfortable
with killing people for what progressives perceive to be the betterment of
society, although some American progressives have objected to executions of
domestic snipers. Sharia law provides for execution, unless victims' families
relent. Buddhism is a notable exception; it teaches against any punishment that
is not reformatory. However, some countries governed by Buddhist adherents do
inflict capital punishment for homicide. Hinduism is not explicit on a
punishment for murder, but India executes murderers on some occasions.
So he may indeed deserve to die. But was that the only question that demands an
answer?
Let's consider: Do we, as a society, want our government to kill?
The quick answer may be: yes, when necessary. So when is killing necessary?
Well, in emergencies, when there's no time for alternatives to be effective.
And in war, when diplomacy and compromise fail.
Yet even then we can get a bit queasy. When we read of President Obama's kill
lists, and visualize him using binders in ways Mitt Romney never dreamed of, we
ask if this behavior is what we really desire from the rulers we elect.
Our courts are more deliberative and less capricious, but still capital
punishment is assigned unevenly and sometimes wrongly - frequently enough that
many find this troubling. If a convict receives a sentence of life in prison,
there remains an opportunity for correction and restitution, should that be
subsequently justified. If an innocent convict is executed, any error cannot be
fixed.
While some Americans may feel that murderers, especially insane mass murderers,
have relinquished their rights to personhood and need to be removed for the
good of society, other Americans assert a different morality. They find in
Christianity a recognition that all of us share culpability before God - we
have each, in a variety of ways, estranged ourselves from God - and are each
deserving death. And they further recognize that forgiveness outweighs
vengeance - a principle shared with Sharia.
So although it may well be that the Aurora shooter deserves a death penalty,
perhaps what America really wants is a more comprehensively moral society
served by better institutional justice.
(source: PolicyMic)
SOUTH DAKOTA:
Bill alters justice for young killers
A Senate panel has endorsed a scheme for the sentencing of juveniles to life
without parole in South Dakota through a hearing that mirrors the one used by
prosecutors seeking the death penalty for adults.
Senate Bill 39 was designed by Attorney General Marty Jackley's office to bring
South Dakota into compliance with the U.S. Supreme Court's decision of Miller
vs. Alabama, which barred mandatory sentences of life without parole for those
younger than 18.
Life sentences for juveniles still are legal, but the high court ruled that
such sentences cannot be mandatory and ought to be exceedingly rare because of
a young person's ability to be rehabilitated.
The Senate Judiciary Committee endorsed Jackley's bill over the objections of
defense lawyers and advocates who said the wording of the new law builds in a
bias in favor of life sentences.
"The framework that's being presented really skews it favor of the prosecution
and really asks you to hone in on what aggravating factors are present, not all
the mitigating factors that the Supreme Court says you have to consider," said
Lindsey Riter-Rapp, a lobbyist for the South Dakota Association of Criminal
Defense Lawyers.
The bill would allow prosecutors to call for a separate sentence hearing in
juvenile murder cases at which a judge would hear factors weighing for or
against a life sentence.
4 categories would be examined: aggravating factors surrounding the murder,
effect of the crime on victims, the killer's juvenile record and mitigating
factors.
Jackley pointed to the crimes of the 3 people in prison in South Dakota serving
mandatory life sentences: Paul D. Jensen, 31, Daniel N. Charles, 28, and Jessi
Owens, 32.
Owens was 17 when she killed a man with a hammer during a burglary. Jensen was
14 when he robbed and shot a cab driver in Pierre after the driver begged for
his life. Richards waited in a window for his stepfather to come home, then
shot him with a high-powered rifle.
"These are particularly heinous crimes," Jackley said.
Paul Bachand of the South Dakota State's Attorney's Association endorsed the
bill, as well.
"There are situations out there when offenders who are 17, 17 1/2 years old who
need to be put in prison for life," Bachand said.
Riter-Rapp listed the factors the high court ordered to be considered when
dealing with youth, including age, school and family history, mental illness,
history of trauma and several others.
Jackley countered that the category of "mitigation evidence" is purposefully
broad and allows defense lawyers to introduce any of the factors included in
the Miller ruling.
The bill will move to the Senate floor with a do-pass recommendation.
(source: Argus Leader)
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