[Deathpenalty] death penalty news----worldwide
April 21 PHILIPPINES: Death penalty: No opting outIt never makes good sense to flaunt our violation of international law. After all, when rapacious neighbors dig into our pie and leave not even the crust to us, we seek relief by invoking our rights under international law. The Philippine Senate recently received advice from a UN monitoring office that it could not, without violating international law, pass a bill that would return the death penalty into the country's statute books. I have repeatedly pointed this out. We became parties to the Second Optional Protocol to the Covenant on Civil and Political Rights. Article 1 of the Protocol cannot be any clearer than it is succinct: No one within the jurisdiction of a State Party to the present Protocol shall be executed. By virtue of the Executive's ratification and Senate concurrence, the Protocol entered into force for the Philippines. Of course, statutes can always be amended and repealed by subsequent acts of the legislature of equal rank. But treaties are not the same thing, because they are covenants we enter into with other States and, as in the present case, establish a regime that cannot be left to the unilateral disposition of one of the State-parties. Treaties (and protocols are essentially treaties) are entered into by the sovereign power of a State to bind itself, in what can be reasonably characterized as auto-limitation of power. That, social contract theorists have always taught, lies at the heart of any organized society - whether it be a domestic society or a community of nations: auto-limitation of individual autonomy. So there is really no reason for us to be bawling about a derogation of our "sovereignty", and whining that our "freedom" has been compromised! The incorporation clause of Article II of our Constitution makes the generally accepted principles of international law part of the law of the land. This is not empty rhetoric. It is a constitutional provision, and it has been held to be one of the self-executing principles found in Article II. One of the accepted principles of international law is that a treaty can be denounced (the "opt-out" mechanism) only when the treaty provides for it, otherwise, there is no way that a State-Party, having acceded to a treaty, can extricate itself from its obligations. Once more, this quite clearly results in a limitation on what our Legislature may or may not pass - but it is a limitation we took upon ourselves by acceding to the treaty. In respect to human rights treaties (as well as in the case of other treaties, such as the settlement of territorial boundaries) there are no provisions for treaty-denunciation and it should not be too difficult to see why: Human rights have attained a status both of importance and urgency that they did not have prior to the Second World War. It took the egregious violation and the shocking transgression of human rights on a scale that remains shocking to awaken the world to the primacy of human rights. And when States freely take upon themselves the obligations imposed by human rights treaties, then it is the better policy to disallow them from going back on their word. Of course, the Philippines can strike a cavalier pose and pass a death penalty bill anyway. And under the flow of the municipal law system - the domestic laws of the Philippines - the trial courts will then sentence some persons to death and, after the exhaustion of all post-conviction remedies, the Bureau of Corrections will inflict the awful sentence. Interdependent world We can then congratulate ourselves about having dutifully executed our laws - except for one thing: We remain bound by our international obligations and fortunately, it is a highly interdependent world in which we live, the loud mouths of boastful leaders who claim we do not need the rest of the world notwithstanding! Should we insist on passing a death penalty law and executing condemned persons under its provisions, we will then be in violation of our international obligation not to execute. This will allow the relevant monitoring Committee to receive reports of our violation and to require comment on the part of the government. If the international community is met with contumacy on our part, it has an arsenal of enforcement mechanisms. Iran heaved a tremendous sigh of relief after sanctions against it were lifted because whether autocrats accept it or not, sanctions can be burdensome, painful and really punishing. No, it never makes good sense to flaunt our violation of international law. After all, when rapacious neighbors who are armed to the teeth dig into our pie and leave not even the crust to us, we seek relief by invoking our rights under international law. We take umbrage because our rights under international law shall have been violated. But we cannot engage in double-speak. If we desire the guarantees and the
[Deathpenalty] death penalty news----MO., OKLA., NEB., CALIF., USA
April 21 MISSOURI: Mother of Hailey Owens asks prosecutor to drop death penalty The mother of Hailey Owens said this week she does not want to sit through a trial. The News-Leader reported earlier this year that Craig Wood - the man accused of kidnapping, raping and murdering 10-year-old Hailey in 2014 - is willing to spend the rest of his life in prison if, in exchange, the Greene County prosecutor drops his pursuit of the death penalty. Stacey Barfield, Hailey's mom, told the News-Leader on Tuesday she wants prosecutors to take that deal. "I don't want to go through the trial because I don't want to relive the nightmare," Barfield said. "I'm never going to be over it, but just re-seeing it is going to make it 10 times worse." Wood is accused of snatching Hailey off the street in west Springfield on Feb. 18, 2014. Her body was allegedly found hours later wrapped up in his basement. Sitting through even the routine pretrial court appearances over the last three years has been tough for Barfield. "It's hard enough to sit there and have to look at him," Barfield said. "He doesn't have no emotion. He just sits there with a blank face." Barfield sent a letter to Greene County Prosecutor Dan Patterson on April 1 asking him to accept a plea deal. "I am writing to request your mercy," Barfield wrote. "Mercy for me, for my family, and for the memory of my daughter, Hailey Owens." "You have the power to end my suffering," she continued. "Please accept a plea deal for life without the possibility of parole in Craig Wood's case. Then, I can focus on rebuilding my life." Barfield said Tuesday she had not heard back from Patterson on the letter. Patterson has said ethics rules prohibit him from publicly discussing possible plea negotiations. He told the News-Leader in February he has a number of factors to weigh in death penalty cases including input from the victim's family, the facts of the case, the defendant and the interests of the community and the state. Barfield had deferred to her husband Jeff to make public comments for much of the last three years, but she is now taking on that role after separating from Jeff - who was indicted in February on a federal child porn charge unrelated to Hailey's case. She said the state legislature is close to passing Hailey's Law, which would streamline the Amber Alert process, and she expects to reach a settlement soon in her civil lawsuit against Wood. The criminal case, which is set for trial in October, is what gives Stacey Barfield the most anxiety at this point. Barfield said if Wood is sentenced to death, it would likely mean years of appeals and more time spent in court, which is something she would rather avoid. "I would be happy just to get justice for Hailey and just say 'OK, it's a done deal' and I don't have to sit in court no more and look at him," Barfield said. Asked what justice would mean, Barfield said: "I want Craig Wood to not be able to see sunlight, to not be able to go out into public." Barfield said she will never be able to forgive Wood, but she wants to focus on the joy of Hailey's life instead of her tragic death. Wood, 48, has been charged with kidnapping, rape and murder in connection with Hailey's death on Feb. 18, 2014. Springfield police say the girl's body was found wrapped in garbage bags in Wood's basement, hours after witnesses saw someone matching Wood's description grab Hailey off the street near her home. A march and vigil for slain 10-year-old Hailey Owens drew thousands of people in 2014. 4 days after Hailey's death, an estimated 10,000 people marched in a candlelight vigil on Commercial Street in Springfield. The Jefferson Avenue Footbridge, where the march ended, was illuminated in purple, Hailey's favorite color. Many others in Springfield left their porch lights on in memory of Hailey and donated to her memorial fund. Wood took the stand briefly during a pretrial court appearance last year, and during cross-examination, he said he was high on meth during the time frame in which he is accused of abducting and killing Hailey. Much of the recent court proceedings in the case have dealt with mental evaluations for Wood, and what rights prosecutors have to see notes from psychologists and to have their own psychologist interview Wood. In Jefferson City, Stacey Barfield has teamed up with Wood's parents, Jim and Regina Wood, to advocate for legislation that would speed up Missouri's Amber Alerts, which are issued for abducted children. (source: Springfield News-Leader) OKLAHOMA: State may seek death penalty for man accused of killing Logan Co. Deputy The man accused of shooting and killing Logan County Deputy David Wade made his 1st court appearance Thursday, April 20, at 1:30 p.m. According to the Logan County District Attorney Laura Thomas, that state may seek the death penalty for Nathan Aaron Leforce. Leforce,
[Deathpenalty] death penalty news----TEXAS, VA., FLA., LA., ARK.
April 21 TEXAS: Smith County District Attorney to seek death penalty in Kayla Gomez-Orozco case When the Bullard man accused of abducting and killing 10-year-old Kayla Gomez-Orozco goes on trial in October, he will be facing the death penalty if found guilty. Smith County District Attorney Matt Bingham filed his intent to seek the death penalty in the case on Wednesday morning. Bingham cannot speak on the case due to a gag order, but a document filed in Smith County's 241st District Court states the prosecution's intention. Gustavo Zavala-Garcia, 24, was arrested and charged with capital murder this past November after the body of Gomez-Orozco was discovered inside a water well outside his residence off Old Jacksonville Highway in southern Smith County. Family reported Gomez-Orozco missing after a church service in Bullard on Nov. 1. Zavala-Garcia, who is related to the child through marriage, is named among those who were the last to see her alive. Zavala-Garcia has remained jailed in Smith County on a $10 million bond and immigration detainer. In February, Zavala-Garcia was involved in an incident in the recreation area on top of the Smith County Jail, when he climbed a basketball goal and refused to come down. Officials said the incident is not regarded as an escape attempt, there were no injuries and no additional charges were added to Zavala-Garcia's arrest record. The 1st pre-trial hearing in the case is set for April 27, in the 241st District Court in Smith County. Jury selection is scheduled to begin in August for the Oct. 2 trial. (source: KLTV news) VIRGINIAcommutation of death sentence Gov. McAuliffe commutes Ivan Teleguz's death sentence to life without parole Ivan Teleguz's death sentence for the murder-for-hire of his ex-girlfriend in 2001 was commuted to life in prison without the possibility of parole by Gov. Terry McAuliffe on Thursday. Teleguz, 38, was scheduled to be executed Tuesday for the capital murder of Stephanie Yvonne Sipe, the mother of their 23-month-old son. Sipe was stabbed to death in her Harrisonburg apartment. According to trial testimony, he hired 2 men to kill her for $2,000 and drove them from Pennsylvania, where Teleguz had moved. On July 23, 2001, Sipe's mother, Pamela Woods, went to her daughter's apartment because she had not heard from Sipe for 2 days. Woods found her daughter's body and her grandson unharmed in a bathtub full of water. A neighbor took Woods and her grandson out of the apartment. Teleguz's current lawyers filed a clemency request with McAuliffe, among other things arguing that courts have never fully examined new evidence pointing to his innocence. They say 2 prosecution witnesses admitted "that they testified falsely in exchange for leniency in their own cases, and have no reason to think Teleguz was involved in the murder-for-hire." His lawyers say that 1 of the witnesses has been deported, and the other was told he would lose his release date if he went back on his testimony. In 2015, a three-judge panel of the 4th U.S. Circuit Court of Appeals noted that a lower court judge held an evidentiary hearing in 2013 concerning the recantations. One recanter refused to testify and the other did not appear. "In other words, neither of the recanters testified in support of their recantations," said the appeals court. Marsha L. Garst, the commonwealth's attorney for Rockingham County, has declined to comment on the case. However, the appeals court opinion noted: "Prosecutor Marsha Garst, whom (the recanters) accused of threatening them into testifying against Teleguz, appeared and testified that those accusations were false." Some religious leaders urged McAuliffe to grant clemency and a Change.org petition in support of clemency has been signed by more than 114,000 people. Teleguz also has submitted written requests for clemency from thousands of supporters. Earlier this week 3 former Virginia attorneys general - 2 of whom became opposed to the death penalty since leaving office - wrote to McAuliffe urging the death sentence be commuted, citing what they said was "unreliable investigative techniques, coercive tactics by both law enforcement and the prosecution, recantations of key trial witnesses and consideration of false testimony in support of a death sentence." Virginia has executed 112 people since the death penalty was allowed to resume in 1976. Virginia governors have commuted eight death sentences during the same period. (source: Daily Progress) *** Governor commutes death sentence of Virginia inmate Ivan Teleguz Virginia Governor Terry McAuliffe called a 3:30 p.m. press conference to make a public statement "regarding his review of Ivan Teleguz's petitions for a pardon and for commutation of his death sentence." Teleguz was scheduled to be executed on April 25. "As a result of the thorough review process that
