August 27 MISSISSIPPI: Retardation claim is denied----State high court also revises decision on hearings for mentally retarded inmates The Mississippi Supreme Court on Thursday refused to allow condemned inmate William L. Wiley to pursue a claim of mental retardation in DeSoto County. At the same time, the Supreme Court said it was revising a decision made in May that inmates could win mental retardation hearings if they had an expert who found them mentally retarded and could show by other tests that they were not faking. Now, said Justice Chuck Easley, writing for the court, the justices will consider the entire record of a case before ordering a mental retardation hearing. The best Wiley can show, Easley said, is possible borderline mental retardation. He said Wiley claims his mental retardation occurred before age 18. "However, Wiley was first tested in 1987 when he was almost 33 years old," Easley wrote. "Wiley argues that his school records establish manifestation before age 18. We find that Wiley's school records are not sufficient to establish mental retardation. Wiley was sentenced to death for the 1981 killing of a DeSoto County convenience store owner. He was first convicted in 1982 for the killing and robbery of J.B. Turner, whose store was in the Mineral Wells community. Turner died from a shotgun blast and his daughter was left blinded in the attack on Aug. 22, 1981. Wiley confessed to waiting in the parking lot for his victims to close the store and then shooting and robbing them. He won new sentencing hearings in 1982 and 1993. A DeSoto County jury sentenced him to death in 1995 and that sentence was upheld by the Supreme Court in 1997. In his petition, Wiley argued he has severe behavioral problems based on testing in 2003. Wiley also claimed he did poorly in school and dropped out after the 8th grade. Easley said the Supreme Court has been guided by a definition of mental retardation as a significant impairment in at least 2 of 10 life activities, such as communicating and taking care of themselves. The onset must occur before age 18. "The record shows that Wiley was a normal, productive citizen, who was never characterized as 'mentally retarded' until such time as being mentally retarded became critically important in the realm of post-conviction relief," he said. (source: Clarion-Ledger) CALIFORNIA: THE PETERSON TRIAL/Defendant lied often, recorded calls show/Supporters misled about whereabouts Scott Peterson repeatedly lied to his parents, his mother-in-law and his closest friends about his whereabouts and his contacts with police in the weeks after his wife disappeared, according to a series of recorded phone calls played to the jury Wednesday in his double-murder trial. At the same time, using information gleaned from his mother-in-law and reporters, Peterson tried to make it appear to those closest to him that he was more informed and more involved in the search for his wife than he actually was, an investigator for the Stanislaus County district attorney's office said. In one instance, a television reporter called Peterson on Jan. 30, 2003, to tell him a store clerk in Longview, Wash., had reported seeing his missing wife, said Steve Jacobson, who was in charge of obtaining warrants to tap Peterson's home and cellular phones during the investigation of Laci Peterson's disappearance. Later, he is caught on tape telling his mother and close friends that he already has contacted Longview police. In reality, Peterson had made no such effort at the time, said Jacobson, who monitored several phones used by the former Modesto fertilizer salesman. The new tapes played Wednesday come on the heels of more than 40 conversations played in the Redwood City courtroom during Amber Frey's 7 days of testimony, which concluded Tuesday. In those tapes, Peterson repeatedly admitted lying to his former girlfriend about his marital status and whereabouts in the weeks before and after the disappearance of his wife, who was 8 months pregnant. The 31 new recordings were secretly taped by police between Jan. 11 and Feb. 3, 2003, in wiretaps of Peterson's phones. Prosecutors introduced them to try to show that the defendant is a pathological liar who, in the wake of a major search for his missing wife, lied even to those who were closest to him. In one call, Peterson's mother, Jackie Peterson, sounded hopeful at the news of the reported sighting. She suggested her son travel to Washington to view videotape from the convenience store, where Laci Peterson had reportedly asked for the clerk's help, according to a recording played Wednesday. "Why don't you hop on a plane?" Jackie Peterson suggested to her son during the Jan. 31, 2003, phone call. "You know, I called up there and talked to one of 'em," Peterson told his mother. "Oh, good for you," his mother said. It was only after hanging up with her that Peterson made his 1st call to the Longview Police Department, Jacobson testified. The recording of that call cut off after Peterson received another call on his cell phone through call waiting. It was unclear from the recordings whether Peterson got any information from Longview police in that call, Jacobson testified. The 1st recording of Peterson connecting with an investigator in Longview didn't occur until Feb. 3, 2003, when he reached Detective Dan Jacobs. He was the officer in charge of putting out press releases about the possible sighting of Laci Peterson. "Hi, Detective Jacobs. ... My name is Scott Peterson. ... I've called you a few times, but I'm glad to finally speak with you," Peterson said on the recording. "You reviewed the tapes looking for my wife, did you not?" Jacobs said he had looked at the videotapes but that the Modesto Police Department was being sent copies. He told Peterson he'd have to talk to Modesto police about their contents. In one recording played to jurors Wednesday, Peterson's mother-in-law, Sharon Rocha, left him a voice mail telling him that a police search of the bay near the Berkeley Marina had turned up a boat anchor -- not a body, as had been speculated in reports at the time. The recording, which was made while Peterson was retrieving his voice mail, captured him offering up a low whistle, which sounded as if he were relieved at the news. Peterson had launched his boat from the Berkeley Marina on Dec. 24, 2002, the day he reported his wife missing. The bodies of her and their unborn son washed up on the Richmond shoreline in April 2003, and he was charged with their murders. According to Jacobson, Peterson never talked to police about the anchor. Nonetheless, in several phone conversations after hearing from Rocha, Peterson was recorded telling several close friends that the chief of police had called him personally to tell him that they had pulled up an anchor -- not a body. Peterson also seemed intent on concealing his whereabouts. Although he was in Berkeley on Jan. 11, 2003, the day divers pulled up the anchor, Peterson was recorded telling his mother that he was in Fresno. And later that day, while in Gilroy, he told his father, mother-in-law and friends that he was in Bakersfield. Peterson also is caught on tape apologizing to a friend for not answering messages she'd left for him. Peterson left his message on voice mail. "The past 4 days, I went to grief counseling. ... It was in the hills, no phones," he said. "I'm just leaving that session now, and I'll give you a call back when I'm in town." But according to recorded conversations, Peterson was in the San Diego area with his family. A day before, the wiretap showed him trying to meet up at the beach and later for dinner and drinks at a Mexican restaurant with family members. During cross-examination of Jacobson, defense attorney Mark Geragos tried to build on his theory that Modesto police had bungled their investigation from start to finish. Jacobson admitted Wednesday that until last week, police and investigators believed that Frey had failed to turn over at least 1 recording of a conversation she held with Peterson. When Geragos, in preparation for his cross-examination, asked them to find the conversation in question, they realized Frey had turned over every tape, as she said she had, according to Jacobson. Day 45 A matter of timing Steve Jacobson, an investigator for the Stanislaus County district attorney's office, said he had conducted several tests using a cell phone to pinpoint Scott Peterson's exact location at 10:08 a.m. on Dec. 24, 2002, the day the defendant reported Laci Peterson missing. Peterson told police he had left his house about 9:30 a.m. and gone to his warehouse before heading to the Berkeley Marina on a fishing trip. But police believe Peterson didn't leave home until almost 40 minutes later. The timing is important because the couple's next-door neighbor found Peterson's dog with its leash attached at 10:18 a.m. Prosecutors are trying to show that 10 minutes wasn't enough time for Laci Peterson to finish watching Martha Stewart's show, mop the floor and change her clothes, as her husband maintains she planned to do before taking the dog for a walk. Peterson used his cell phone at 10:08 a.m., and cell phone records placed him close to home. Jacobson said he had conducted separate tests that took him in 3 different directions starting from Peterson's home. All of the tests showed Jacobson's cell phone calls being transmitted through the same towers that serviced Peterson's 10:08 a.m. call on Dec. 24, 2002, facts that prosecutors are trying to show prove Peterson made the call while leaving his house. When Jacobson conducted a different test from Peterson's warehouse, his phone was routed to a tower located elsewhere in Modesto. These excerpts were from Peterson's phone conversations secretly recorded by Modesto police and played to the jury Wednesday: Jan. 16, 2003 Brent Rocha, Laci's brother, confronted Peterson about the cement residue found in his warehouse. "I made a boat anchor with some cement, and then I put some in the driveway here," Peterson explained. "So they're just piecing this all together," Rocha said. "Well, I mean there's the cement, yeah. The police have asked me a lot about that," Peterson said. "So they've already asked you about this stuff?" Rocha asked. "What's that?" Peterson responded. "The police have already asked you about this stuff?" Rocha pressed. "Oh, yeah," Peterson said. Jan. 22, 2003 In several recorded conversations, Peterson talked to a friend, Brian Argain, about selling the couple's home. Authorities believe the conversations show that Peterson knew his wife was never coming home. "I want to talk to you about selling the house," Peterson said. "Yeah," Argain said. "I mean, can I do that? I don't know," Peterson said. "I believe you can. I don't see why you couldn't if that's what you want to do," Argain said. "I mean there's no way if Laci comes back that we're going to stay there," Peterson said. (source: San Francisco Chronicle) OKLAHOMA: Killer offers no apologies Nearly two decades after he beat 2-year-old Amanda Holman to death, Windel Ray Workman was executed for the crime Thursday night. Workman's final words included thanks to his attorneys. "Steve (Presson), Robert (Jackson) -- thanks for everything you've done," he said. "I appreciate it. Keep up the good fight. You understand what I'm saying? OK. Lets go." He died at 6:08 p.m. at the Oklahoma State Penitentiary. Workman's last words were not the ones Rebecca Griffitts, Amanda's mother, wanted to hear. She was disappointed her former boyfriend did not show remorse or apologize. Workman claimed innocence since the investigation began in 1987. "This isn't about Windel by any means," she said. "It's about my daughter." Griffitts said she is glad the case is finally closed. "It's just been a long time coming, and I really thought it would never come," she said. As he was injected with a lethal mix of drugs, Workman's eyes twitched and closed. He exhaled heavily through his mouth and snorted. Workman's torso heaved 19 times before he died. Last-minute appeals to the state Court of Criminal Appeals and the 10th U.S. Circuit Court of Appeals were denied Thursday afternoon. Workman, 46, had said Amanda's head trauma, body bruising and internal bleeding were caused by accidental falls, rough playing and a hard spanking. Workman in 1987 became the 1st person in Oklahoma County sentenced to die for child abuse. Attorney General Drew Edmondson said in a written statement that Workman was properly convicted and sentenced. "My thoughts today are with the family of Amanda Holman," he said. Workman is the 158th person to be executed in Oklahoma, according to the Corrections Department. He is the 6th person executed this year. More than 80 inmates are on death row. An execution date has been requested for Jimmy Ray Slaughter, who was sentenced for killing a former girlfriend and their 1-year-old daughter in Edmond in 1991. (source: The Oklahoman)
