[Deathpenalty] death penalty news----worldwide

2017-04-09 Thread Rick Halperin







April 9




PAKISTAN:

Waiting for the hangmanAnd at least 8,000 prisoners in Pakistan are simply 
waiting to die, whiling away an average of 11.41 years until they are either 
acquitted or executed



434 people have been hanged since the moratorium on death penalty was lifted in 
Pakistan. But the number of lives destroyed far exceeds this figure. When the 
state makes the decision to execute someone, it wrecks the lives of everyone 
who loves them.


The criminal justice system in Pakistan requires waiting. Waiting for things to 
move forward, waiting for verdicts, waiting for justice, which often isn't, as 
promised, served.


And at least 8000 prisoners in Pakistan are simply waiting to die, whiling away 
an average of 11.41 years until they are either acquitted or executed. Either 
way, whoever ends up on Pakistan's death row might as well get comfortable. 
They could be there a while.


Justice Project Pakistan has had clients that have spent well over 1/2 their 
lives as prisoners. Some were arrested before their 18th birthdays, making them 
in the eyes of the law, juveniles. Aftab Bahadur entered his prison cell as a 
15-year-old, wide-eyed teenager but left as 38-year-old in a body bag. Ansar 
Iqbal had spent 29 of his 43 years on this earth in prison before he was 
executed in June 2015. The time that Zulfikar Ali Khan spent on death row was 
enough to allow him to complete 33 diplomas and educate 50 other prisoners. In 
the 18 years, he was confined to a prison, the Government of Pakistan scheduled 
and postponed his execution 22 times.


All 3 of them did not deserve to be there.

This week, 'Intezaar' was staged by Ajoka Theatre Pakistan, Highlight Arts and 
Complicite, which offered its audience an insight into the lives that people 
like Aftab, Ansar and Zulfikar led locked in a prison. Their miserable 
existence contrasted heavily with their resilience and courage to inject some 
purpose into their otherwise meaningless lives.


There is a prisoner who can paint, another who can compose and sing, yet 
another who spends all his times studying and teaching others. But other 
inmates are there in violation of Pakistani and international laws: the 
juvenile offenders, the physically handicapped and mentally ill.


While there was some degree of artistic license at play here, none of these 
stories was fiction. When the play depicted the executioner attempting to hang 
a man paralysed from the waist down, they were talking about our client, Abdul 
Basit. The difficulty and inherent wrongness of hanging a man unable to stand 
was one experienced in actual life 2 years ago.


When the play showed us the story of a mute woman, prone to hysteria, it was 
not an embellishment but again, retelling of facts. Kanizan Bibi was held for 
11 days in police custody before being brought to the magistrate to confess. 
She was tortured so brutally and so relentlessly; she was hospitalised while in 
detention. Like her theatrical counterpart, Kanizan has not spoken a word in 
years, as a direct result of the trauma the torture put her through. 2017 marks 
her 27th year on death row.


The visual depiction of the very real consequences of our justice system forced 
the audience to confront what it really means to support the death penalty in 
Pakistan. And many turned away in shame, cringing that such violence is being 
committed in their name.


Conditions on Pakistan's death row expose prisoners to a high risk of the 
'death row syndrome,' a psychological disorder that inmates on death row are 
susceptible to when they are isolated. Suicidal tendencies, psychotic delusions 
and heightened anxiety (as a result of knowing of their imminent death) can 
cause prisoners to go insane. The wait to march to the gallows only exacerbates 
this.


Especially vulnerable are juveniles and individuals with mental illness or 
intellectual disabilities. The International Covenant on Civil and Political 
Rights considers the prolonged detention of the prisoner; the physical 
conditions of imprisonment; and the psychological impact of the incarceration 
on the prisoner as inhuman treatment. The United Nations Human Rights Committee 
has acknowledged that "the psychological tension created by prolonged detention 
on death row may affect persons in different degrees." Critical to this last 
factor are "personal circumstances of the prisoner, especially his age and 
mental state at the time of the offence."


These experiences of prisoners on death row are a testament to the need for a 
comprehensive and urgent response from the international community. As Pakistan 
heads for its first of many UN reviews this year, this must be kept in mind.


We have woken up to so many stories in the last year alone, of people being 
acquitted after they have been hanged, or dying in prisons waiting for their 
appeals. And for all of them, the wait has been long, illegal and utterly 
destructive.


(source: Opinion, Rimmel Mohydin; 

[Deathpenalty] death penalty news----OHIO, ARK., MO., MINN.

2017-04-09 Thread Rick Halperin





April 9



OHIO:

Death penalty debate continues


Trumbull County Prosecutor Dennis Watkins said it may be premature for people 
opposed to the death penalty to call it dead in Ohio.


"In Trumbull County, the system works and due process takes place daily with 
judges and jurors doing their jobs every day," Watkins said. "Every poll in 
Ohio and the U.S. since I have been prosecutor in 1984 ... shows a majority of 
citizens supporting the death penalty in Ohio and most of the United States. 
Some states have repealed the death penalty, but under the United States 
Constitution, it is not cruel and unusual punishment to have and use the death 
penalty for murders."


Kevin Werner, executive director of Ohioans to Stop Executions, disagrees, 
saying, in part, an execution in Ohio hasn't been carried out in more than 3 
years after the process was suspended because of legal challenges over how the 
state puts people to death.


"Ohioans accept that capital punishment is coming to an end. Our state and 
county coffers will welcome the cost savings and more sound public policy," 
Werner said.


Ohio suffered a blow Thursday when a federal appeals court rejected the state's 
new 3-drug lethal injection process.


In a 2-1 decision, the 6th U.S. Circuit Court of Appeals in Cincinnati found 
the proposed use of a contested sedative - midazolam - unconstitutional. The 
court also ruled Ohio's planned use of 2 other drugs the state abandoned years 
ago prevents their reintroduction in a new execution system.


Executions have been on hold since January 2014, when inmate Dennis McGuire 
took 26 minutes to die under a never-before-tried 2-drug method that began with 
midazolam. Ohio announced its 3-drug method in October.


An appeal is likely. Options included asking the full appeals court to consider 
the case or appealing straight to the U.S. Supreme Court, said Dan Tierney, a 
spokesman for the Ohio Attorney General???s Office.


Said Werner, "The death penalty system in Ohio is collapsing in nearly every 
measurable way. The trends we see are striking. Ohioans are choosing life 
sentences as the appropriate punishment for these worst-of-the-worst crimes."


Indictments containing the possibility of death as punishment were down in Ohio 
30 % in 2016 compared to the year before, according to a news release from the 
anti-execution group. Information from the attorney general's office shows 4 
new death sentences were added in Ohio, but three were removed for resentencing 
or retrial.


Also, figures from the office show 6 counties with a high number of inmates on 
death row - Trumbull, Mahoning, Hamilton, Lucas, Stark and Summit - did not 
file a new death penalty case in 2016.


But in March, capital murder charges were filed against Nasser Hamad of 
Howland, who is accused of killing 2 and wounding 3 others March 25 at his 
home.


In Mahoning County, capital defendant Robert Seman's trial, which has been 
moved because of difficulties in seating an impartial jury, will start this 
month in Portage County. Seman is accused of killing 3 while setting fire to a 
Youngstown home. He was indicted in 2015.


There are 139 people on Ohio's death row, including 1 woman, Donna Roberts of 
Trumbull County. 25 executions are scheduled in Ohio in the next 4 years, 
including Mahoning County's John Drummond, who is scheduled to die Sept. 17, 
2020. The next execution in Ohio is scheduled for May 10.


Opponents say there are trends that show judges and juries are choosing options 
other than death. Between 2012 and 2015, Ohio prosecutors sought the death 
penalty in 122 cases, according to the Ohio Supreme Court's Capital Indictment 
Table. While death penalty cases from this time period produced 9 new death 
sentences, most concluded with alternative sentences.


Watkins, however, has another take on the numbers.

"Because we have individualized sentencing, no 2 defendants are ever treated 
the same. This is as it should be. Therefore, results will vary as would be 
expected," Watkins said.


Trumbull County statistics bear that out. There was an 11-year gap between 
Roberts' sentence in 2003 and David Martin's death penalty conviction. 
Assistant Trumbull County Prosecutor LuWayne Annos said juries have recommended 
the death sentence in 5 cases - Sean Carter, Stanley Adams, Nate Jackson, 
Roberts and Martin - since the legislature gave an option of life without 
parole in capital cases.


Since July 1, 1996, 6 capital murder defendants were sentenced to life without 
parole after juries in Trumbull County were given the ability to make that 
recommendation.


But, "the real question is how many more years will we tolerate the enormous 
costs, the bias, and the risk of executing innocent people?" Werner said.


Watkins said he would rather look at an issue of fairness.

"Some would say that it would be unfair to execute 1 robber who was caught 
leaving the scene of a murder when the accomplice got away and never wa

[Deathpenalty] death penalty news----TEXAS, VA., N.C., FLA., ALA., LA.

2017-04-09 Thread Rick Halperin





April 9




TEXAS:

Putt-Putt killer gets stay of execution, but 'case is far from over'


The Texas Court of Criminal Appeals granted a stay of execution Friday for a 
man convicted in the 2006 murder of an assistant manager of a Putt-Putt golf 
park in Hurst.


Paul Storey, 32, who was convicted in 2008 for the murder of Jonas Cherry, was 
scheduled to die on Wednesday.


Storey did not immediately learn of his stay because he was in transport Friday 
afternoon from Fort Worth to Huntsville. He had been in the Tarrant County Jail 
for a recent hearing in connection with his case.


"The 1st thing I did is rush back to the jail but he had already been sent back 
to prison to be executed," said attorney Mike Ware.


While his conviction remains in place, the court's decision will put into 
motion a lengthy legal process that will eventually decide whether Storey 
should live or die for his crime.


Storey's lawyers, his family and the parents of Cherry have all fought to save 
Storey's life. Cory Session, a justice reform advocate who fought for the 
posthumous exoneration of his convicted brother, Tim Cole, also pushed for 
Storey's execution to be stayed.


"This case is far from over," Ware said. "At the time being I'm very relieved 
for Paul and Marilyn and for that matter, I'm relieved for the Cherrys."


Said Marilyn Shankle-Grant, Storey's mom: "I am just elated. I am so happy. I 
know now it is an indefinite stay until we get some answers from the lower 
court."


Cherry begged for his life during the crime at Putt-Putt Golf and Games at a 
highly visible location across Texas 121/Loop 820 from North East Mall in 
Hurst.


It was about 8:45 a.m. on Oct. 16, 2006 and Storey and Mark Porter stood over 
Cherry, who pleaded: "Please! I gave you what you want. Don't hurt me."


They refused and shot him twice in the head and twice in his legs and fled with 
between $200 and $700. Cherry, who was approaching his 1st wedding anniversary, 
was pronounced dead at the scene.


Storey and Porter were convicted of capital murder, but only Storey got the 
death penalty. Porter got life without parole after making a deal with the 
Tarrant County district attorney's office.


Session said Friday that the appeals court has called for another hearing at 
the trial court presided over by State District Judge Robb Catalano. That 
hearing will seek to determine whether defense attorneys were notified by 
prosecutors during Storey's trial that Cherry's parents, Glenn and Judy Cherry, 
were against the death penalty during the 2008 trial.


"Judith and Glenn Cherry did not want death for Mr. Storey," an affidavit from 
the parents stated. "Unknown to the jury and contrary to the state's argument, 
they stood with the family members who pleaded for the jury to spare Mr. 
Storey's life."


Prosecutors, however, have said that while the Cherrys were generally opposed 
to the death penalty, they were in agreement at the time of the 2008 trial that 
Storey should be executed because he had refused to accept a plea bargain for 
life without parole.


Christy Jack, 1 of the prosecutors who is now in private practice, recently 
told the Star-Telegram that Storey's defense team was informed before the trial 
about how Cherry's parents felt.


"Death penalty litigation is the most important thing that attorneys do," Jack 
said. "So I want everything that I do in these cases to be above reproach."


Robert Foran, the lead prosecutor at the time of the 2008 trial, also confirmed 
Jack's account.


"The defense decided not to call the parents to the stand," Foran said. "That 
was a tactical decision on their part, but we told them and they damn well know 
it."


(source: star-telegram.com)






VIRGINIA:

Virginia's dark legacy of secrecy about executions


The newly enhanced secrecy behind Virginia's capital punishment protocols 
underscores a legacy of death born in institutionalized racism that upcoming 
executions - including that of Ivan Teleguz, scheduled April 25 - do not just 
prolong, but exacerbate.


In March 1879, after years of tolerating party atmospheres accompanying the 
public executions of blacks, Virginia first moved to shroud its execution 
process in secrecy after almost 1,000 revelers gathered after the hanging of 2 
young black men at New Kent Courthouse for a grand "Gallows Ball" that lasted 
until daybreak.


Afterward, a mortified General Assembly moved quickly to make hangings private, 
intending to stop the festival backdrops and remove black influence and 
traditions from the proceedings.


Most newspapers that year, including the April 2 Petersburg Progress-Index, 
praised the new statute, reporting that "this (law) shall put an end to all 
such gallows picnics and jollifications as was witnessed at New Kent 
Court-house."


There is little evidence to conclude that crowds gathered to condemn the crimes 
of the prisoner. On the contrary, the widespread prejudices in the judicial 
process, from arr