Nov. 21 MISSISSIPPI: Miss. high court to hear death sentence appeal in Adams Co. case The Mississippi Supreme Court will hear arguments Dec. 12 in Jeffery Keith Havard's appeal of the death sentence he received for the killing of a 6-month-old girl in Adams County. Havard was convicted in 2002 of capital murder in the death of Chloe Madison Britt of Ferriday, La., the daughter of Havard's girlfriend. Prosecutors contended that the baby's injuries were consistent with shaken baby syndrome, but she also had suffered from sexual abuse. Havard and the girlfriend, identified as Rebecca J. Britt of Ferriday, La., brought the infant to Natchez Community Hospital's emergency room on Feb. 21, 2002, according to court documents. In testimony at the trial, doctors who treated the baby said they tried unsuccessfully to revive her. (source: Associated Press) OKLAHOMA: Jury hands cop killer death sentence Federal jurors in Muskogee deliberated more than 8 hours before recommending a death sentence for Kenneth Eugene Barrett in the shooting death of a law enforcement officer. U.S. District Judge James H. Payne said earlier that if jurors decided on death or life without parole that he would be bound by law to abide by the sentences. Jurors returned to the federal courtroom in Muskogee shortly after 12:30 a.m. today. The sentencing verdict was two sentences of life without possibility of parole and one death sentence in the Sept. 24, 1999 shooting death of Oklahoma Highway Patrol Trooper David "Rocky" Eales, 49. The death sentence was for intentionally killing a state law enforcement officer during the commission of a drug trafficking crime and during the officers performance of his official duties. Barrett shot and killed Eales and wounded Trooper John "Buddy" Hamilton. The troopers were in an unmarked Bronco leading a caravan of 5 police cars that drove to Barrett's rural Sequoyah County home before dawn. Their plan was to execute a "no knock" search warrant for drugs. Barrett had said because the lead vehicle had no emergency lights on that he did not know he was shooting at police. The same jurors who started deliberating Barrett's sentence about 3:30 p.m. Thursday earlier declared him guilty of 1st-degree murder for Eales death in the federal trial in which testimony began Sept. 26. U.S. Attorney Sheldon "Shelly" Sperling angered Barrett Thursday when he repeatedly told jurors Barrett was not remorseful for Eales' death. Sperling also dwelled on Barrett's relationship with his family. Barrett bolted from his courtroom seat. "This is about murder. It's not about my family," Barrett yelled at Sperling. "Take me out of the courtroom." As federal marshals physically removed Barrett, he told Sperling: "I gave the OSBI two statements, and you wouldn't let the jury hear those." Barrett never returned to the courtroom and chose not to attend the reading of the sentencing verdict. Sperling and Assistant U.S. Attorney Mike Littlefield had argued fiercely for the death penalty. Defense attorneys pleaded for an alternative sentence available - at least 20 years in prison with the exact time to be set by Judge Payne. Barrett already is serving a 20-year sentence in state prison for first-degree manslaughter in Eales death. That sentence is to be followed by an additional 10 years for wounding Hamilton. Defense attorneys Roger Hilfiger and Bret Smith had argued the judge said Barrett, 44, would never get out of prison because of the length of state and federal sentences. They contended there was no cause for the death penalty. Although the law allows a person convicted and sentenced in a state court to be tried again in federal court for the same crime, most people consider it double jeopardy, Hilfiger told jurors. "It's not. But the real question is - is it fair? The government has the authority to do whatever it wants to - even kill people," Hilfiger, a former U.S. attorney, told jurors. Hilfiger alleged federal prosecutors were being vindictive because Eales was a state trooper. "They lay in wait for more than 5 years ...," Hilfiger said. "The state has invoked punishment, but it doesnt satisfy the Highway Patrol or the federal prosecutors." Because Barrett has not been convicted of any other felonies and various factors, he was sent to serve his time in a minimum security facility. He was moved to Oklahoma State Prison after troopers and federal prosecutors found out he was in minimum security housing. All the rules were overridden and he was sent to Oklahoma State Prison, Hilfiger told jurors. Hilfiger showed documents stating because Barrett killed a highway patrolman he was transferred and named as an "administrative separatee." He is in lockdown status 23 hours per day, with no contact with other inmates, Hilfiger said. Sperling argued Barrett intended to take out as many lawmen as he could on the night of the shoot-out and is violent, so should be put to death. "Make the punishment fit the crime," he said. The defense claims prosecutors failed to prove Barrett had a violent past and told jurors if there were prior acts of true violence, with all the money and time the federal government spent on the case, they would have come up with true acts of violence. They said Barrett mouthed a lot and threatened a lot but didnt carry out his threats. "They're asking you to be an instrument of death for the federal government," Smith said. He reminded jurors that one act of violence the prosecutors named was throwing a potato at a jail employee. "There's not a whole lot of substance," Smith said. As he argued against the death penalty, Smith said: "It just takes one person to tell the government I will not be your instrument of death. ... There is something just not right about this prosecution." Sperling told jurors he was asking them to be instruments of justice. "The defendant in this case intended to be a multiple murderer," Sperling said. As far as future danger, Sperling said the "danger is to those who prevent him from getting his way as long as he lives. "This (death sentence) is not an easy decision, but it's not a close call... it's the right thing to do." He said Barrett calculated a murderous rampage. "This was game day for the murderer. In the name of justice give this defendant what he deserves. He wanted the thrill of the kill." He said the defense asked for leniency. "We ask for justice." Dianne Barker Harrold, the district attorney in Sequoyah County at the time of the raid and Eales' death cried as the verdict was read. "I commend Shelly and Mike (Assistant U.S. Attorney Mike Littlefield) for a job well done," she said, tears falling from her face. It (death sentence) will never replace the void in the lives of his wife and children or his friends, but justice has been done today." Hilfiger and Smith didnt agree. "I don't agree with it - the death penalty," Hilfiger said as he left the courtroom. "I really think it was basically said in closing - it's unfair the government gets 2 shots (in state court and in federal court)." (source: Muskogee Phoneix) GEORGIA/IRELAND: Ahern urged to help death row prisoner The Taoiseach should intervene immediately in the case of a black man on death row for 28 years in the US, it was claimed today. Roger Collins, who has Irish ancestors, is under a death sentence in a Georgia state prison for killing his girlfriend in 1977. As Irish supporter Billy Colbert today flew out of Dublin to visit Mr Collins for the 10th time, he called on Bertie Ahern to put pressure on the US government to grant Mr Collins a pardon. Mr Colbert, who became penpals with Mr Collins in 1998, said: "The world is moving faster than our politicians. If George Bush can make historic visits to China and Mongolia, then surely the Taoiseach can do something for a man on death row in a prison in America." "Roger has an intellectual disability and is in poor health. He has Irish roots through his mother. "If there was any respect for his human rights, he would be be given a pardon immediately." Mr Collins was 18 when he and 2 older men were charged with bludgeoning Dolores Lester, 18, to death with a car jack. Mr Collins accepted that he was guilty of not trying to prevent Ms Lesters death, but denied having any part in killing her. Mr Colbert, a former soldier from Portlaoise, said the prisoner has been traumatised by five premature death calls during which he is taken through a routine in the belief that he is going to the electric chair. The prisoner has Irish ancestors on his mother's side. He has been in poor health due to a recent eye operation. Mr Colbert raised the issue when he addressed the Oireachtas Sub-Committee on Human Rights in May. Chairman Senator Paul Bradford agreed to send a "strongly-worded letter" to the State Governor. Senator Bradford also said the committee would also look at a mechanism that will allow a committee member to visit Mr Collins in prison. Mr Colbert also plans to seek help from EU ambassador to the US, former Taoiseach John Bruton. Irish people removed all references to the death penalty in the Irish Constitution by referendum in June 2001. (source: The Irish Examiner)
