[Deathpenalty] death penalty news----worldwide

2017-01-20 Thread Rick Halperin





Jan. 20



UNITED KINGDOM/BAHRAIN:

Britain urged to act as 2 face execution in BahrainUK government has been 
criticised for its links with the Bahraini Sunni monarchy.



Bahrain could be poised to execute 2 prisoners who claim their confessions were 
extracted through torture.


Mohammed Ramadan and Husain Moosa were sentenced to death in 2014 for their 
alleged involvement in a bomb attack that killed a police officer, but 
supporters say they were falsely accused and confessed under duress.


Human rights organisations fear that the 2 men could be put to death in the 
coming days following the execution of 3 prisoners on Sunday (16 January), the 
1st in Bahrain since 2010.


The men, Ali al-Singace, Abbas al-Samea, and Sami Mushaima, were allegedly 
tortured to force a confession in the same police station as the current death 
row inmates.


Activists have called on Britain to suspend its support for the Bahraini 
criminal justice system to avoid UK complicity in further human rights 
violations in Bahrain, a wealthy island state in Persian Gulf and a key British 
ally in the Middle East.


Bahrain, which is ruled by a Sunni monarchy, has led a major government 
crackdown against its Shia majority in the 5 years since protests erupted in 
Manama during the Arab Spring.


British foreign secretary Boris Johnson said in response to the executions that 
the UK is "firmly opposed to the death penalty", and that he has "raised the 
issue with the Bahraini government". But anti-death penalty campaign group 
Reprieve described Johnson's response as "woefully inadequate". The charity has 
sent a letter to UK Prime Minster Theresa May calling for the government to 
"immediately suspend its involvement with all actors within the Bahraini 
criminal justice system and Ministry of Interior".


"Reprieve and other organisations have repeatedly called attention to the link 
between human rights abuses and the multiple UK-trained institutions in 
Bahrain."


Human Rights Watch and the Bahrain Institute for Rights and Democracy were 
among other organisations to make similar appeals.


The UK has spent more than 5 million pounds in Bahrain since pro-democracy 
protests rocked the kingdom in 2011. Last Friday (13 January), it emerged that 
the controversial aid programme, overseen by the Foreign & Commonwealth Office 
(FCO), is being bolstered by a further 2m pounds this year.


Reprieve says that Britain's funding and training of police officers, 
prosecutors, judges, prison guards and oversight investigatory bodies in 
Bahrain has not lessened human rights abuses in the country.


Maya Foa, director of the death penalty team at Reprieve, told IBTimes UK: 
"Reprieve and other organisations have repeatedly called attention to the link 
between human rights abuses and the multiple UK-trained institutions in 
Bahrain. It is disappointing that there has not been a change of position by 
the UK Foreign Office."


As reported in the Observer, documents obtained by Reprieve reveal that Her 
Majesty's Inspectorate of Prisons helped prepare inspections of custody 
facilities in Bahrain in 2014, including the notorious police station where the 
prisoners were allegedly tortured.


The subsequent inspection report by the Bahraini Prisoners and Detainees Rights 
Commission failed to mention high-profile allegations of torture, including 
those of death row inmate Ramadan.


Ramadan's torture allegations were also ignored for more than 2 years by the 
Ombudsman for the Ministry of Interior, a body receiving FCO-funded training 
from UK state-owned company Northern Ireland Cooperation Overseas (NI-CO), 
Reprieve claims.


His case has been passed onto another NI-CO-trained watchdog, Bahrain's Special 
Investigations Unit, which previously ruled that one of the executed men, 
al-Samea, lied about his torture allegations.


Britain is the biggest obstacle in preventing international scrutiny of 
Bahrain's human rights abuses, because it is playing a leading role in 
whitewashing Bahrain's crimes."


Reprieve's Foa said the British-backed oversight mechanisms "refused to 
investigate or acknowledge the systemic and brutal torture of prisoners leading 
to coerced confessions", and that she was "seriously concerned" that they will 
fail Ramadan.


Supporters of Ramadan, a father-of-3, say his arrest was a 
politically-motivated retaliation for his participation in pro-democracy 
marches. He was deprived of legal counsel in a trial based on evidence obtained 
under prolonged torture.


Sayed Alwadaei, director of advocacy at the Bahrain Institute for Rights and 
Democracy, said that the FCO deeming Bahrain's torture watchdogs as 
"independent" is evidence that the UK is "misleading the international 
community".


"Britain is the biggest obstacle in preventing international scrutiny of 
Bahrain's human rights abuses, because it is playing a leading role in 
whitewashing Bahrain's crimes," Alwadaei said.


The UN High 

[Deathpenalty] death penalty news----worldwide

2017-01-20 Thread Rick Halperin





Jan. 20




BANGLADESH:

After Narayanganj verdict, Bangladesh should disband RABLack of 
accountability has created a rogue force


For years, Bangladesh's Rapid Action Battalion (RAB) has been deployed by 
successive governments not only to fight crime, but often as an in-house death 
squad, leaving a string of extrajudicial killings - often referred to as 
"crossfire" deaths, torture, disappearances, and arbitrary arrests in their 
wake. And for years, almost no members of RAB were held to account for these 
crimes.


Until now.

In a very rare verdict, on January 16 the Narayanganj District and Sessions 
court sentenced 26 people, including 16 members of RAB, to death for their role 
in a 2014 politically-motivated murder case. 9 other RAB members were sentenced 
to prison terms. Human Rights Watch opposes the death penalty and will urge it 
not be carried out.


For too long, RAB officials have been shielded from prosecution by successive 
governments, some even justifying their crimes. But in this case, the court has 
found a local Awami League politician, Nur Hossain, crossed the line by 
contracting members of RAB-11, the unit deployed in the area, to abduct and 
kill his political rival, Nazrul Islam, also an Awami League official.


On April 27, 2014, the verdict finds, Nazrul Islam was returning from court 
when, according to eyewitnesses, he was abducted along with 3 associates and 
his driver. His lawyer, Chandan Kumar Sarkar, who was following in another car, 
was abducted along with his driver. The killers were clumsy, failing to dispose 
of the bodies, which floated up in a river in Narayanganj, leading to public 
outrage. A government investigation concluded that members of RAB-11 had been 
involved in the murders.


But those convicted are not the only ones responsible for the situation. The 
government has responsibilities too, because of the climate of impunity it has 
created. In recent cases, when RAB and other law enforcement agencies have 
disappeared people, witnesses say officers arrived claiming they were from the 
"administration," an open admission they worked for the state. Many of the 
disappeared people have later turned up dead.


RAB is a mixed force of police and soldiers. Although formally led by a 
civilian officer, it is the army that controls RAB. Involving trained-to-kill 
soldiers in law enforcement is inherently risky, but the police also have their 
own problems with abuse. In recent years, members of the Detective Branch of 
the police has also been responsible for RAB-style serious human rights 
violations, including deliberately maiming suspects in custody by shooting them 
in the leg.


The prosecution of RAB members is a welcome step towards ending violence and 
impunity. Yet it should not only happen when the victim is a ruling party 
member.


While in opposition the Awami League called for the disbanding of RAB. Before 
taking office in 2009 prime minister Sheikh Hasina said she would reform RAB. 
This has not happened, so it is time for the government to take immediate steps 
to disband RAB and replace it with a rights respecting force.


(source: Human Rights Watch)






NIGERIA:

Death Penalty for Kidnappers


The Lagos State House of Assembly recently okayed death penalty for offenders 
under a new anti-kidnapping law. Tagged "A bill for a law to provide for the 
prohibition of the act of kidnapping and for other connected purposes," it will 
become law after Governor Akinwunmi Ambode's assent. The bill prescribes death 
sentence for kidnappers whose victims die in their custody. Kidnappers whose 
victims did not die in their custody will get life jail. The bill was passed 
following the adoption of a report presented by Chairman of the House Committee 
on Judiciary, Petitions, Human Rights and Lagos State Independent Electoral 
Commission (LASIEC) Mrs Adefunmilayo Tejuosho.


A copy of the bill soon to be sent to Governor Ambode for assent and the bill 
states that "Any person who kidnaps, abducts, detains, captures or takes 
another person by any means or tricks with intent to demand ransom or do 
anything against his/her will, commits an offence, and is liable on conviction 
to death sentence." The bill criminalises attempt to kidnap and stipulates life 
imprisonment for anyone who attempts to kidnap another person. Also, the bill 
is against false representation to release a kidnapped or abducted person. This 
attracts seven years' imprisonment.


The lawmakers also approved 25 years imprisonment for whoever threatens to 
kidnap another person through phone call, e-mail, text message or any other 
means of communication. The bill provides that any person who knowingly or 
wilfully allows or permits his premises, building or a place to which he has 
control of to be used for the purposes of keeping a person kidnapped is guilty 
of an offence under the law and is liable to 14 years imprisonment without an 
option of fine.


Nigeria 

[Deathpenalty] death penalty news----OHIO, NEB., UTAH, ORE., WASH., USA

2017-01-20 Thread Rick Halperin





Jan. 20



OHIO:

Judge excuses jurors in Seman case


About 180 jurors Wednesday were excused in Mahoning County Common Pleas Court 
from having to serve in the capital murder case of Robert Seman.


The jurors were excused for a variety of reasons ranging from financial 
hardship to health and age.


About 220 jurors remain in the pool and will be reporting Feb. 3 for jury 
orientation in the case before Judge Maureen Sweeney.


Seman, 48, of Green, could face the death penalty if convicted of the deaths of 
Corinne Gump, 10, and her grandparents, William and Judith Schmidt, during a 
March 30, 2015, arson at their Powers Way home just hours before Seman was to 
go on trial on charges he raped Corinne that carry a possible life sentence.


Attorneys for both sides went over juror questionnaires and agreed on the 
jurors who were excused. The trial is expected to last several weeks, which 
could pose a hardship for someone with a medical condition or who has a job 
that does not reimburse people for jury duty.


This is the 2nd time jurors have been called for the case. In September, jury 
selection was halted after it was discovered a potential juror was discussing 
the case with other potential jurors.


Judge Sweeney declared a mistrial then and disqualified the entire jury pool, 
and a new jury pool was drawn.


Judge Sweeney also is changing some of the procedures for the next group of 
jurors to come in to try and minimize juror misconduct. Jurors are being called 
for their 1st day of orientation on a Friday afternoon, when the courthouse is 
typically at its least busiest point of the week. Jurors also will be separated 
into small groups, and a deputy will be assigned to each group to ensure there 
is no misconduct.


If Seman is found guilty with death-penalty specifications, a 2nd phase, or 
mitigation phase of the trial, will then take place.


In that phase, defense attorneys will present evidence to the jury on why 
Seman's life should be spared. Only a jury can recommend a death sentence, 
although a judge can overturn that recommendation and instead give him a 
sentence of life in prison with no parole.


(source: vindy.com)

**

Psychologist: Death row man's brain 're-wired' by abuse


With executions expected to resume this year in Ohio, a local man who has been 
on death row for nearly 2 decades is seeking a reprieve.


At a day-long clemency hearing Tuesday, state parole board members heard a 
wide-range of arguments, including whether the jury in Ray Tibbetts' trial 
heard about his traumatic childhood.


A clinical psychologist said years of persistent neglect and abuse had 
"re-wired" Tibbetts' brain. Another psychologist called Tibbetts' background "a 
recipe for disaster."


Tibbetts, 59, has taken responsibility for the 1997 killings of his wife, 
Judith Sue Crawford, and the elderly, hearing-impaired man she cared for.


Prosecutors focused on the brutality of the killings - pointing out that 
67-year-old Fred Hicks, who used an oxygen tank to breathe, may have been 
asleep when Tibbetts stabbed him multiple times. 3 knives and a blade broken 
from a knife handle were left in Hicks' body.


"There simply is no excuse for what he did," said Hamilton County Assistant 
Prosecutor Ronald Springman.


Family members of both victims spoke at Tuesday's hearing in Columbus, via a 
video feed from the Hamilton County Prosecutor's Office. They urged the parole 
board to recommend that the execution go forward.


"Please, please, please," said Toni Strausbaugh, Hicks' niece. "So we can 
heal."


What could happen?

The parole board, made up of 6 men and 6 women, is scheduled on March 10 to 
recommend to Gov. John Kasich whether it believes a death sentence should be 
imposed. That recommendation is not binding, and Kasich will then decide 
whether to commute Tibbetts' sentence to life in prison without parole.


Tibbetts is scheduled to die by lethal injection on April 12, although his 
challenge to the state's lethal injection process remains pending in federal 
court.


The state was expected to resume executions this month - the 1st since 2014, 
when a man suffered during an execution. Tibbetts initially was scheduled to 
die by lethal injection in February.


In December, Gov. John Kasich delayed the executions of Tibbetts and Ronald 
Phillips to allow time for the federal case to be appealed. Phillips, convicted 
in Summit County of raping and murdering a 3-year-old girl, is now scheduled to 
be executed Feb. 15.


"This brief delay should provide the court time to resolve any pending legal 
issues," a Kasich spokeswoman said in a statement.


The killings

In November 1997, the bodies of Crawford - Tibbetts' wife of 5 weeks - and 
Hicks were found in Hicks' Over-the-Rhine home. Crawford cared for Hicks, a 
retired electrician who had emphysema, and both Crawford and Tibbetts lived in 
the home. Tibbetts says he has no memory of what happened, and there is only 

[Deathpenalty] death penalty news----TEXAS, PENN., VA., GA., FLA., ALA.

2017-01-20 Thread Rick Halperin






Jan. 20



TEXAS:

Nueces County judges have more capital murder cases than capable lawyers to 
appoint



Nueces County has too many capital murder defendants and not enough defense 
lawyers.


When appointing lawyers to indigent defendants accused of the most serious 
offense, state district judges rely on approved attorneys to lead the defense.


But Nueces County has seen an uptick in capital murder defendants. Meanwhile, 
only 4 lawyers in the county are on the list of attorneys who can be "first 
chair," meaning they're the lead attorney on a case.


"I mean, we are out of attorneys," 347th District Judge Missy Medary said 
during a judges' meeting Wednesday.


Medary is the 5th administrative judicial region judge and maintains the 
attorney list for the 11-county area. More lawyers on the list are from more 
southern counties, including Hidalgo and Cameron. Judges may appoint those 
attorneys, but the costs for travel and lodging on top of the attorneys' pay 
would cost the county "a ton of money," Medary said.


A local lawyer may make tens of thousands of dollars off a single capital 
murder case, though it may take about 2 years to resolve either in a trial or a 
plea deal. A lead attorney is paid $200 per hour.


Judges are trying to entice more local lawyers to apply for the list. But it's 
a hard sell, said some of the lawyers who are on the list. Capital murder cases 
can decimate a solo practitioner's practice because of the volume of work.


"It's so time-consuming to do it right," said Jim Lawrence, who has been a 
defense attorney for decades.


Add to that the pressure of your client's life being on the line. In Texas, 
capital murder carries two punishment options: the death penalty or life in 
prison without parole.


"Dealing with a person's life is an emotional strain, to say the least," 
Lawrence said.


In 2016, Corpus Christi police charged 10 people with capital murder. Each one 
is entitled by law to a first and second chair lawyer, a private investigator 
and a mitigation expert. All but one defendant said they couldn't afford to 
hire an attorney and the county provided lawyers.


Nueces County has 6 lawyers on the list of approved second chair attorneys. 
Second chair attorneys are paid $150 per hour.


Defense lawyer Eric Perkins, who is approved to be a first chair attorney, said 
part of the problem is police and prosecutors charge suspects with capital 
murder in cases that - in some lawyers' opinion - don't rise to the level of 
capital murders. In some cases, the charge was downgraded to something less 
severe. But in the beginning, a judge has to appoint a lawyer approved to 
handle capital murder defenses.


Perkins was on the defense team who represented Daniel Garcia, who in 2014 
killed store clerk Mostafa "Ben" Bighamian during an attempted robbery. His 
co-defendants a man who wielded a knife in the store and a woman who drove the 
getaway car were charged with capital murder and appointed a multi-person 
defense team.


Garcia was convicted of capital murder and sentenced to life in prison but 
prosecutors dropped the charge against the others. Arturo Navarro pleaded 
guilty to murder in exchange for a 45-year prison sentence. Del Victoria 
Cavazos pleaded guilty to robbery and tampering with evidence for 20 years in 
prison.


There are multiple defendants in 3 killings last year. 2 men are charged with 
capital murder in the March 25 shooting of a couple in a car, 4 men are charged 
with the same offense in the Sept. 1 shooting at a gun shop, and 3 men face the 
same charges in the Dec. 18 shooting of an elderly man in his home.


"A case that is probably not a death penalty case is draining huge resources 
for no good reason," Perkins said.


(source: Corpus Christi Caller-Times)






PENNSYLVANIA:

Where does death penalty stand in Pennsylvania?


The Bucks County district attorney said the investigation into the Abington 
Township couple accused of raping and murdering 14-year-old Grace Packer is far 
from over.


"On its face, this case is obviously very, very heinous factually, but the 
aggravating factors that we have to consider are really really specific," said 
DA Matthew Weintraub.


Weintraub said the death penalty is a definite possibility for Grace's adoptive 
mother, Sara Packer, and her boyfriend, Jacob Sullivan.


The case has received national attention and immense public outcry for justice, 
but if the couple does receive the death penalty, will they actually be 
executed? Northampton County District Attorney John Morganelli said probably 
not.


"Essentially, it's been suspended by Gov. Wolf. Gov. Wolf has taken the 
position that the warrants will be signed, and they have been signed, but he 
immediately thereafter issues a reprieve," said Morganelli.


Morganelli said death warrants continue to be issued, like that of convicted 
Pittsburgh cop killer Richar Poplawski on Wednesday.


The governor will not stop giving reprieves