June 15 USA: Last meal is irrelevant Re: "Dallas woman's killer is executed 'I am so terribly sorry,' he tells victim's relatives," Thursday news story. I never cease to be amazed and repulsed by the media's incessant fascination with the last meal of a condemned inmate. What relevance does this have to anything related to the horrors of the crime or the sufferings of the family members of both the victim and the inmate? Reporting the content of a condemned inmate's last meal does nothing to move society forward toward a healthy dialogue that is so necessary when confronting the great social justice issues of our times. Rick Halperin, president, Texas Coalition to Abolish the Death Penalty, Dallas (source: Letter to the Editor, Dallas Morning News) ************************************* British resident could face death penalty in Guantnamo trial Binyam Mohamed, an Ethiopian national who lived and worked in the UK for more than 7 years, was 1 of 4 Guantnamo prisoners recently put forward for trial by Military Commission. The four were charged with terror offences, and their cases referred to the United States militarys Convening Authority, which must now decide whether to press ahead with a full trial. His lawyer Clive Stafford Smith, who had recently visited Mohamed in Guantnamo, told the press he was in a very bad state, adding that all a trial by Military Commission would produce is evidence not of terrorism, but of torture. Stafford Smith said, I have seen not one shred of evidence against him that was not tortured out of him. We know the British talked to Binyam in Pakistan, told him he was to be rendered and gave information to the US that was used in his torture in Morocco. Mohamed sought asylum in Britain in 1994 and was subsequently granted indefinite leave to remain in the UK. In 2002, he was kidnapped while travelling in Pakistan and was eventually handed over to the US military. He was then subjected to extraordinary rendition, being flown in a secret CIA plane to Morocco, where he was held and tortured for 18 months. He claims his captors inflicted severe beatings and also used a scalpel to make cuts to his chest and penis in order to force a confession from him. Before finally being transferred to Guantnamo in September 2004, he was also rendered to the Dark Prison in Kabul, the notorious US-run torture facility, where inmates describe being denied food and drinking water while they were chained to walls in total darkness with loud rap music or other sounds blaring out for protracted periods. (source: IndyBay News) ************************* Death penalty doesn't deter criminals I'm 15 and attending a high school in Broome County. I play sports and lead a common teenage life. However, I am ashamed of the times we live in. What has the world come to where the value of human life is being diminished, where people are being punished with death and torture? As a student and member of the Catholic Church, I am letting my voice be heard. A teacher recently told me that we have to let our voices be heard if we want something changed. It is a proven fact that capital punishment does not deter murder. So why do it? Why should the government have the right to take away lives as a means of punishment? What does that say about humanity? The only true way to answer these questions is through enlightenment and understanding. All human life is sacred, no matter how misguided. The death penalty just shows our ignorance, and inability to deal with our problems. Open your hearts to new ideas, and explore different options. Michelle McCabe----Endwell (soruce: Press & Sun-Bulletin) ARIZONA: Execution protocol challenged----Inmate's attorneys question Arizona's injection process Is the lethal-injection procedure that Arizona uses to carry out the death penalty too complex and too risky to pass constitutional muster? The attorneys representing the prisoner next likely to be executed say yes, and they're hoping the Arizona courts will follow recent rulings in Tennessee and Ohio that knocked down those states' lethal-injection protocol. The U.S. Supreme Court ruled in April that the lethal-injection protocol used in Kentucky did not amount to cruel and unusual punishment. But that decision also left the door open for defendants in other states to challenge their procedures used to administer death. Jeffrey Landrigan, 48, was given the death penalty for killing a Phoenix man in 1989, and he was scheduled to die last November. But his execution was put off while the high court deliberated the Kentucky case. Federal public defenders have since filed a petition for post-conviction relief in Maricopa County Superior Court on Landrigan's behalf. It's a petition that provides an unprecedented, detailed look at how the condemned are put to death. The motion alleges that Arizona's use of a 9-person team to administer three drugs is too complex. It also claims that use of an IV catheter inserted into a femoral artery in the thigh instead of a more readily available vein in an arm or a neck, unnecessarily increases the risk of error and pain. The motion recommends not that Landrigan's death sentence be commuted, but rather that a single-drug protocol be established, using only anesthesia or barbiturate to cause death. "What's significant is that the Arizona courts have never given careful and thoughtful review to the Arizona lethal-injection plan," said Assistant Federal Public Defender Dale Baich. "There has never been serious review by a neutral judge." A representative for the Arizona Attorney General's Office declined comment, saying the court filings speak for themselves. Those documents state that Landrigan should have brought up his argument years ago and that his time to do so has passed. Arizona is one of 36 states, along with the federal government, that use lethal injection to execute condemned inmates. Most, like Arizona, use a 3-drug procedure, first administering sodium thiopental to render the prisoner unconscious, then pancuronium bromide to induce paralysis, and finally, potassium chloride to stop the heart. In 1989, Landrigan escaped from prison in Oklahoma, where he was already serving a sentence for murder, and fled to Phoenix. After an afternoon of sex and drinking with Chester Dean Dyer, Landrigan stabbed and strangled Dyer, 42, in the victim's apartment. Landrigan had exhausted his appeals and was scheduled to die Nov. 1, but the Kentucky case put his and all other cases on hold. In August, the Arizona Supreme Court will consider whether to issue another death warrant in his case. But that may depend on the outcome of his motion in Superior Court. Since the April U.S. Supreme Court ruling, a federal judge in Tennessee and a state judge in Ohio have already ruled that the risk of an agonizing or painful death was too great because of the three-chemical procedure. They ordered a single-drug approach using an overdose of anesthesia or barbiturate, which might take slightly longer but is assuredly pain-free. According to documents filed in Landrigan's case, Arizona's lethal-injection procedures have changed at least twice since the state carried out its last execution, in May 2007. The current protocol calls for two groups of trained personnel, a medical team of doctors and nurses or emergency-medical technicians to insert the IV and monitor the prisoner's condition, and a seven-person special-operations team to administer the killing chemicals. In addition to the IV inserted in the thigh, the protocol calls for a 2nd IV that empties into an unseen waste bucket. Then, six trained individuals will inject the chemicals - 2 individuals per chemical - into the two IV lines without knowing who was feeding the drugs into the real IV line or the false one. That process would prevent any of the individuals from knowing if they had administered the fatal dose, similar to the tradition of putting blank cartridges in some guns used in firing-squad executions. The seventh special-operations member would oversee or manage the team. According to the protocol, after the sodium thiopental is administered, a doctor will check to ensure that the prisoner is sufficiently sedated before the other two drugs are administered. The protocol also requires that the executioners have a defibrillator available in the event that the condemned person has a heart attack before being executed. "Trained medical staff shall make every effort to revive the inmate should this occur," the Department of Corrections document says. Baich's office hired Dr. Mark Heath, a Columbia University anesthesiologist, to compare the Arizona protocol to the Kentucky protocol that was upheld in the U.S. Supreme Court. Heath also testified in the Ohio case that knocked down that state's protocol. Heath pointed out that the use of the false line and the placement of the IV line "stand out as differing significantly from the procedures of other states, including Kentucky, and that pose substantial risks of serious harm to the prisoner. "In addition, there are uncertainties concerning aspects of the procedure that I cannot understand or that appear to be open to numerous interpretations." Heath maintained that the insertion of the femoral-artery line is a complex procedure beyond the training of most doctors, nurses and EMTs. He also worried that the use of numerous team members increased the chance of confusion and that it would be difficult to monitor the inmate's level of sedation, especially after the paralyzing chemical had been administered. A hearing is scheduled for June 27 in front of Superior Court Judge Raymond Lee. (source: Arizona Republic) UTAH: Jessica's Law aims to avenge raped children----Utah is the 34th state to adopt the measure; sponsor now wants some sex crimes to be punishable by death State Rep. Carl Wimmer, who sponsored Jessica's Law legislation in Utah, wants to make the worst sex crimes against children punishable by death. The U.S. Supreme Court is considering the issue in the appeal of Patrick Kennedy, 43, on Louisiana's death row for the 2003 rape of his 8-year-old stepdaughter. Kennedy is the only person on death row for a rape that didn't result in murder, and argues it's unconstitutional for him to receive the death penalty. The high court banned capital punishment for rape of adult victims in 1977. Five states - Louisiana, Montana, Oklahoma, South Carolina and Georgia - still allow for the death penalty if the rape victim is younger than 12. It was Christmas Eve of 2005 when the 6-year-old worked up the courage to tell her mom she had been repeatedly raped by her mother's boyfriend. James "Jim" Scott - a 39-year-old man her mother had met on the Internet and allowed to move into the family's home - told the child he'd "go to the electric chair" if she told anyone how he had conditioned her to perform the worst of sexual activities with him, said the girl's grandmother. "He told her he loved her and he loved her body," the grandmother said. "You feel so angry, and you just want to go and do away with him." Scott is serving 3 consecutive 10-to-life terms in prison - not nearly enough, say his victim's relatives. As of May 5, committing rape, sodomy or object rape on Utah children is punishable by a minimum sentence of 25 years. The 34th state to pass so-called Jessica's Law legislation, Utah is the only state with minimum sentences for offenders who plead guilty to a lesser attempted charge. State Rep. Carl Wimmer, who sponsored Jessica's Law, says he'll try to go one step further next session by pushing to make the same crimes punishable by death if the U.S. Supreme Court rules the practice constitutional in a pending Louisiana case. 2 years ago, child rapists in Utah faced a "pathetic" sentence of 3 years to life in prison, said Wimmer, R-Herriman. While the politically popular Jessica's Law will apply to a small fraction of crimes against children prosecuted in Utah, it is aimed at the most egregious. Its passage marked a policy shift: The state tried mandatory terms for child sex crimes from 1983 to 1996 before returning sentencing discretion to judges and the state's 5-member parole board, who ultimately decide the length of an offender's punishment. Wimmer won over opponents through a provision that makes sentences for attempted rape, object rape or sodomy of a child punishable by 15 years to life with judges allowed to lower the amount in certain circumstances. Other states have been criticized for letting offenders plead guilty to a misdemeanor charge carrying little jail time. An automatic 25 years to life in prison in other states meant an offender had little to lose by going to trial, said Paul Boyden, director of the Statewide Association of Prosecutors. The traumatic experience of reliving a rape in court was enough to make some victims balk at moving forward with a case. "You have to have options for plea negotiations, whether you like it or not," Boyden said. Victims also welcome flexibility in pleading down, particularly because sexual abuse in the vast majority of cases is by a family member or close friend, said Davis County Attorney Troy Rawlings. "I think it's surprising, more often than people would think, that people want leniency for the perpetrator," Rawlings said. Fred Metos, a Salt Lake City criminal defense attorney and former member of the Utah Sentencing Commission, is among those favoring leaving sentencing decisions up to judges and the parole board. "[It] gives prisoners some incentive to participate in therapy, to not behave badly in prison, knowing they can earn their way out on parole through good behavior and rehabilitation," he said. The new law may also be pricey for the Utah Department of Corrections, forced to house an inmate convicted under Jessica's Law for at least 25 years even if the person has been treated and rehabilitated, Metos said. Utah Department of Corrections Director Tom Patterson said it's difficult to predict the final impact of the law for the state's prison system. It costs about $25,000 per year to incarcerate an inmate, so serving 25 years instead of 15 for child rape offenses could be spendy for Corrections later. Patterson said he's optimistic the Legislature will appropriately finance the prisons if Corrections starts feeling a pinch down the road because of Jessica's Law offenders. Young victims may grapple with the effects of sexual abuse for a lifetime, said Doug Goldsmith, executive director of The Children's Center in Salt Lake City. The center provides mental health care services to about 1,500 children each year, many of whom are victims of sexual abuse, he said. Many children struggle with guilt. "Maybe because I didn't say no, that's why I got abused," Goldsmith said. Children often worry their abuser will come back for them after leaving jail because offenders threatened to "get them" if they reported their abuse, Goldsmith said. "Some feel better knowing their abusers are in jail. But there's also worry about 'What happens when he gets out? Am I going to be in trouble?' " Goldsmith said. The family of the 6-year-old victimized by Scott says the girl still suffers. She tested positive for chlamydia and deals with ongoing health issues, her grandmother said. While the girl just finished fourth grade and did well in school, her grandmother worries that there's an emotional toll yet to come. Even so, the young victim told her grandmother she'll be ready when Scott goes before the parole board. "She said, 'I'm going to be there to tell what he did to me,' " the girl's grandmother said. 34th--Utah is the 34th state to pass so-called Jessica's Law legislation, and is the only state with minimum sentences for offenders who plead guilty to a lesser attempted charge. 25 years--As of May 5, committing rape, sodomy or object rape on Utah children is punishable by a minimum sentence of 25 years. $125,000--It costs about $25,000 per year to incarcerate an inmate, so serving 25 years instead of 15 for child rape offenses could be spendy for Corrections later. Child rape and capital punishment * State Rep. Carl Wimmer, who sponsored Jessica's Law legislation in Utah, wants to make the worst sex crimes against children punishable by death. * The U.S. Supreme Court is considering the issue in the appeal of Patrick Kennedy, 43, on Louisiana's death row for the 2003 rape of his 8-year-old stepdaughter. * The high court banned capital punishment for rape of adult victims in 1977. * 5 states - Louisiana, Montana, Oklahoma, South Carolina and Georgia - still allow for the death penalty if the rape victim is younger than 12. States where Jessica's law is enacted: http://origin.sltrib.com/portlet/article/html/imageDisplay.jsp?contentItemRelationshipId=1984946 (source: Salt Lake Tribune) COLORADO: Jury Still Out In Owens Death Penalty Decision A jury in Arapahoe County has the weekend off before they'll decide if a convicted killer should get the death penalty. The same jury that found Sir Mario Owens guilty of killing a witness and his fianc will report back to court on Monday. Owens gunned down Javad Marshall-Fields and Vivian Wolfe before Marshall-Fields could testify against Owens in another murder case. The prosecution says Marshall-Fields chose to do the right thing by choosing to testify against Owens in a murder trial. Meanwhile, the defense says Owens may have a brain defect and should not have to die for his actions. The mothers of the 2 victims say no matter what the jury decides, they're glad this is finally coming to a close. "This is unbelievable," Christine Wolfe said. "I just cannot wait to hear the jury deliver a verdict." "What Owens did is he ambushed, he killed and he murdered Javad and Vivian, and there's a penalty for that," Rhonda Fields said. If Owens doesn't get the death penalty, he will automatically get another 2 life sentences without parole. (source: CBS News)
[Deathpenalty] death penalty news----USA, ARIZ., UTAH, COLO.
Rick Halperin Sun, 15 Jun 2008 19:18:54 -0500 (Central Daylight Time)
