[Deathpenalty] death penalty news----GEORGIA (correction)
May 17 GEORGIA: Friends in my earlier post, I wrote that "Ledford becomes the 13th condemned inmate to be put to death this year in the USA and the 1453rd overall since the nation resumed executions on January 17, 1977. Only Texas (542), Oklahoma (112), Virginia (112), Florida (92) and Missouri (88) have executed more inmates since the death penalty was re-legalized on July 2, 1976." CORRECTION---Ledford was the 11th condemned inmate to be put to death this year, not the 13th ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
[Deathpenalty] death penalty news----TEXAS
May 17 TEXAS: Lawyer says DNA, prints don’t prove Steven Thomas killed woman The judges on the Texas Court of Criminal Appeals heard arguments Wednesday about the case of Steven Thomas who was given the death penalty in 2014 after he was convicted of the capital murder of a Williamson County woman. It was unclear when they might make a decision in the case. Defense lawyer Ariel Payan argued Wednesday morning that the evidence used to convict Thomas did not prove he was at the scene of the crime. A Williamson County jury convicted Thomas in October 2014 and sentenced him to death for the sexual assault and strangulation of Mildred McKinney in 1980. Thomas’ fingerprint was found on the back of a clock in McKinney’s bedroom. Payan said Wednesday at a hearing before the Texas Court of Criminal Appeals that it could have been there because Thomas worked for a pesticide company that had been to her house, Payan said. He also said Thomas’ sperm was found on a piece of medical tape wrapped around the thumb of the 73-year-old McKinney, but that didn’t prove he sexually assaulted her. McKinney also had DNA inside of her from three other unknown men, Payan said. He said the testimony of a jailhouse snitch during Thomas’ trial also could not prove that Thomas killed McKinney. The inmate, Steven Shockey, testified in front of a jury that Thomas told him about being high on cocaine, breaking into a house and having to restrain a woman before she got out of bed and that Thomas took money and jewelry. Williamson County Assistant District Attorney John Prezas, who was representing the state on the appeal, said the physical evidence alone was enough to convict Thomas without Shockey’s testimony. The clock that had Thomas’ fingerprint on it was found in the middle of McKinney’s bed near some of the cord used to tie her up at the crime scene, Prezas said. He also said Thomas’ sperm was found not on medical tape but on a ribbon tied around McKinney’s thumb that was used to restrain her hands. Prezas also questioned whether Thomas had been to McKinney’s house when he worked for his brother’s pesticide company. Thomas’ brother testified during the trial that McKinney was one of their clients but he didn’t have records that showed Thomas made a service call to her house, Prezas said. One of Thomas’ lawyers, Ariel Payan, said in his appeal to the Court of Criminal Appeals in August that the evidence presented at the trial showed McKinney was killed by more than one person. No evidence at the trial showed Thomas had killed McKinney or helped commit any other crime against her, Payan said. Evidence at the trial showed that a throat swab taken during McKinney’s autopsy showed male DNA that didn’t belong to Thomas and also ruled out other suspects in the case, including serial killer Henry Lee Lucas and his partner Ottis Toole. The ribbon wrapped around one of McKinney’s thumbs not only had DNA on it from Thomas but also from an unknown man, according to a DNA analyst who testified at the trial. (source: Austin American-Statesman) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
[Deathpenalty] death penalty news----worldwide
May 17 BANGLADESH: 6 get death penalty for killing city AL leader, his driver A court here on Tuesday sentenced 6 people to death and 2 others to life term imprisonment for killing an Awami League leader and his driver in 2011. The condemned convicts are-Raihan Khokon, Mohammad Hira, Zakir Hossain, Javed Prince, Jummon and Arif Hossain. Of them, Raihan and Amir were tried in absentia. The lifers are-Shariful Islam and Kala Amir. Shariful secured bail from the court and since then he remained absconding. According to the prosecution, senior vice-president of AL Kadamtoli thana unit Mohammad Ullah, also a freedom fighter and his driver Harunur Rashid were stabbed to death by some miscreants over previous enmity in the city's Juraine area on 23 February 2011. A case was filed with Kadamtoli Police Station. Police submitted a chargesheet against 12 people on 31 October 2011. After examining the records and witnesses, Dhaka 4th Additional Metropolitan Session Judge Jahedul Kabir handed down the verdict acquitting four other accused as allegations brought against them were not proved. (source: businessnews24bd.com) THAILAND: Documentary raises new questions about Koh Tao murder, Myanmar migrants Koh Tao Island has long been an ideal destination for backpackers, avid divers and more increasingly Myanmar migrant workers. Located some 400km away from Bangkok, the small island has earned a reputation of being the best spot for viewing sea turtles, whale sharks and other wildlife. But in the past decade the island has become synonymous with a series of crimes, particularly the brutal murders of British backpackers, Hannah Witheridge and David Miller who were found dead on Sairee beach in September 2014. 2 Myanmar migrant workers, Win Zaw Tun and Zaw Lin were arrested and given the death penalty for the murders shortly after the bodies were found. However, Myanmar authorities and human rights leaders called for an appeal against the case, as the 2 men have insisted their innocence. Following a spate of protests over human rights abuses within Thai prisons and from the Thai police, a committee of Myanmar lawyers, migrant workers and human rights CSOs came together to conduct an independent investigation. Such is the backdrop for the newest documentary following the case. Echo from Koh Tao Island was screened for the 1st time in Yangon's Orchid Hotel on May 12, following a press conference. Lawyers and migrants rights groups sent an appeal against the case in December 2015 which was rejected just three months ago when Thai authorities confirmed the death sentence for the 2 men. On March 3 a group of Myanmar authorities tried to meet with the Thai Ambassador to try to appeal once more. According to the Associated Press, the appeal deadline has been extended to May 23, 2017. Though Echo from Koh Tao Island comes 3 years after the crime, the film raises questions about tourism, migration and international law as the case has still yet to have an end. The 30 minute documentary was created by the Special Investigative committee on the Koh Tao case to show to Myanmar parliament MPs. U Htoo Chit, a member of the Special Investigative committee and CEO of an education and development foundation for Myanmar migrants said, "The main reason for creating this documentary was to lay down the facts and ask for fairness, peace and justice and to stop extremists who add fire to the crisis." He continued, "Extremists make the crisis even greater," referencing a growing tension between Myanmar and Thailand as more and more Myanmar migrants cross the border in search of work. "The extremists are separately making a crisis out of the Koh Tao case. We have to ask peacefully to search for the truth. We do not want to create more tensions," he said. Some migrant rights advocates have argued that there may have been discrepancies in the case's evidence and CCTV records as well as potential discrimination on the part of the Thai policemen and judge. Moe Wai, a member of the Special Investigations committee and organiser for Myanmar migrants in Thailand believed the judges may have had implicit bias when deciding the sentencing. "The judge may decide using his personal opinions but it is best to solve this with professional standards. We, ordinary people, cannot become involved nor have a sway in the system of law and order." An MP in the documentary was quoted saying, "government, a jury and experts should jointly participate in this issue by pressing for checks and balances and asking for the truth." Family members of Win Zaw Tun and Zaw Lin have pleaded in the film, "We want our sons back...we're their parents and we want the truth." The committee has asked the local broadcasting department to screen Echo from Koh Tao Island free on the air but the broadcasting department has yet to reply. According to an authority from the
[Deathpenalty] death penalty news----TEXAS, MAINE, GA., ALA., TENN., ARK., CALIF., USA
May 17 TEXASVienna Convention issues for foreign national Court refuses to hear appealNo execution date set for Mexican man convicted of killing family found buried The U.S. Supreme Court on Monday refused to review an appeal from a Mexican citizen sentenced to death for the sledgehammer killings of his wife and 2 children, who were found buried under the bathroom floor in their Texas home. The high court didn't include an explanation of its decision not to review the capial murder conviction of 62-year-old Robert Moreno Ramos. His attorneys have argued that Ramos wasn't told when he was arrested for the 1992 killings that he could get legal help from the Mexican government and that he had deficient legal help at his trial and in earlier appeals. The 5th U.S. Circuit Court of Appeals rejected their arguments last year. In 2004, the International Court of Justice in The Hague, Netherlands, found that Ramos, from Aguascalientes, Mexico, and more than 4 dozen other Mexican citizens awaiting execution in the U.S. weren't advised of their consular rights under the Vienna Convention when they were arrested. It recommended that they be tried again to determine if consular access would have affected their cases. President George W. Bush agreed and directed states to reopen the cases. The Supreme Court overruled that directive, saying that only Congress can require states to follow the international court's ruling. That has not happened and several Texas inmates named in the international court ruling have since been executed. Ramos, who also is identified in some court documents as Roberto Moreno Ramos, does not have an execution date. Evidence at his 1993 trial in Hidalgo County showed he used a sledge hammer to kill his 42-year-old wife, Leticia, their 7-year-old daughter, Abigail, and their 3-year-old son, Jonathan, at their home in Progreso, which is along the Mexico border about 20 miles southeast of McAllen. According to court records, Ramos told a cousin they were killed in a car wreck and their bodies were cremated. After provideing other conflicting explanations, thouigh, another relative went to police to report the woman and children missing. Their bodies were found buried under a freshly tiled floor in the home's bathroom. (source: Dallas Morning News) * Bexar County has shortage of death penalty defense attorneysOnly 11 'first chair' lawyers meet qualification criteria The stakes in a capital murder case are as high as they can get. Defendants are facing either life in prison without the possibility of parole or death by lethal injection. Among the attorneys in Bexar County qualified to serve as first chair - lead counsel - in capital murder cases are Joel Perez and Raymond Fuchs. Right now, there are 68 capital murder cases pending in Bexar County, but only 11 lawyers who meet the qualifications to represent those defendants. "I like the challenge," Perez said. "I feel that those individuals need the best defense that they can get." Handling capital murder cases, he said, is work intensive and not financially lucrative. "There are some lawyers that either for financial reasons or stress have dropped off the first chair list because of that," Perez said. The pool of lawyers is selected by a local committee of judges and veteran lawyers and is governed by state regulations. Regulations District Judge Sid Harle, who is on the committee, described them as "very, very stringent." "We have too many courts and too many cases competing for the same pool of lawyers," Harle said. Those lawyers are required to have experience that, more often than not, is elusive. "You've got to be qualified, but yet they want you to have done it," Fuchs said. "So you have to be a 2nd chair and that just puts a huge burden on the first chair." Death penalty opponents point out that the solution to the problem is to do away with the death penalty. If things don't change, it is something Harle said could happen. "Frankly, if we continue at this pace, then, de facto, we're going to do away with the death penalty simply because we're not going to be able to get to trial," he said. Harle said that legislative changes to the rules are the solution. "We're not really relaxing the requirements," Harle said. "We're simply giving the local selection committee more discretion." Discretion, the judge added, that would mean expanding the pool with additional competent lawyers. (source: KSAt news) MAINE: Amid offers to help opiate users, LePage suggests death penalty for dealers Gov. Paul LePage kept his focus on fighting Maine's opiate addiction epidemic Tuesday when he said he supports a pending bill that would make dealing drugs that cause an overdose Class A manslaughter. The bill, sponsored by Republican Sen. Scott Cyrway of Benton, has been voted out of the Criminal Justice and Public
