[Deathpenalty] death penalty news----TEXAS, PENN., OHIO
Oct. 13 TEXAS: Gov. Abbott, delay this execution Gov. Greg Abbott, A man’s life now lies in your hands. Spare him. On Nov. 20, Rodney Reed is to be executed by the state of Texas for a crime we can no longer be confident he committed. Twenty one years ago, he was convicted in the 1996 rape and murder of 19-year old Giddings resident Stacey Stites. Ever since, evidence has mounted that Reed neither raped nor killed her. Now, his defense claims it has new witnesses pointing to the man who did. Reed, 51, is scheduled to die. Of this, there is no doubt. Nor of this: Stites was strangled and killed on April 23, 1996, her body found on a country road in neighboring Bastrop County. Reed became a suspect a year later when another woman accused him of sexual assault; the prosecution showed semen found on both women belonged to Reed. Reed maintained that was because he and Stites, engaged to Giddings police officer Jimmy Fennell, Jr., had been having an affair, but the jury convicted him anyway. Over time, facts have emerged that were never part of Reed’s trial and as a result, the prosecution’s case has fallen apart. The medical examiner who claimed that Reed raped Stites has recanted. DNA evidence that pointed to Stites’ fiance was never shared with Reed’s defense. Other physical evidence, including the murder weapon — her belt — was never subjected to genetic testing. Now, Reed’s defense at the Innocence Project claims it has new evidence, including two signed affadavits from individuals who knew Fennell. One says he threatened to kill Stites if he ever caught her with another man, and another says he heard Fennell tell her corpse at the viewing that she had deserved to die. On Oct. 4, lawyers for the Innocence Project filed a motion in state court to have the execution date withdrawn, citing the new evidence that they say was not available at trial. All along, the state courts have denied Reed’s one repeated request: that evidence collected where Stites’ body was found be genetically tested. Just 2 years ago, Fennell’s old boss, Giddings’ former chief of police, told CNN that Fennell had confessed to being out later than he’d said at trial and that he’d been drinking the night before his fiance’s body was discovered, too. The Criminal Court of Appeals has twice rejected Reed’s appeal, saying the untested evidence probably would not have acquitted Reed nor would the testimony of Fennell’s old boss have been enough to convict Fennell, who has never been charged in connection to Stites’ death. Fennell just finished 10 years in prison for raping a woman in his custody. Of course, Fennell’s guilt is not the urgent question right now. It’s Reed’s life that hangs in the balance. His guilt is not remotely beyond a reasonable doubt. A man should not die as long as a believable question of innocence hangs over him. Which brings us to you, governor. The case of Rodney Reed is not a case against the death penalty, which still has the support of many in this law-and-order state. It is a case against a potentially wrongful execution. Your predecessor, Rick Perry, stood by during the frequent executions of his tenure. On Perry’s watch, 279 inmates were put to death — nearly 1/2 of the state’s total since Texas resumed executions in 1982. While on your watch, Governor Abbott, 46 people have been executed, you have also already done something Perry rarely did: You’ve exercised discretion to stop an execution. Minutes before Thomas Whitaker was set to die, at 6 p.m. on Feb. 22, 2018, you granted him clemency. He will spend life in prison for the murder of his mother and brother in Fort Bend County over an inheritance. There was no question of Whitaker’s guilt, just whether it was fair to put him to death when the triggerman got a lighter sentence. How much more compelling, then, is Reed’s case: Whitaker, who is white, was unquestionably guilty; Reed, who is black, may well be innocent. Study after study, including work by University of Michigan researchers, has found that black and Latino convicts are far more likely to wind up on death row, wrongfully, than white convicts. Now the case rests before the Texas Board of Pardons and Paroles and it may soon send you a recommendation in Reed’s case. But you can signal your own preference now. You aren’t bound by arcane rules of the appellate courts. Both you and the board have the documented flaws in the case. You have the Bastrop County prosecutor steadfastly refusing DNA testing on an old murder. You have the fact that Reed has petitioned the U.S. Supreme Court. And even if the board doesn’t recommend you commute his sentence, you have the authority to spare his life for 30 days as he pursues his remedy at the Supreme Court. You should use that authority and give the courts time to fully evaluate the new evidence. As you mull your options, remember our history: Texas has a tarnished
[Deathpenalty] death penalty news----TEXAS, PENN., DEL., N.C., FLA., ALA.
Oct. 8 TEXAS: Jury deliberates penalty for man convicted of killing 3 people at car wash in 2013 The crime On Sept. 29, 2013, 3 men were murdered at the Royal Wash Mobile Detailing and Car Wash Service at 393 Ave E in Stafford. The manager, Harvey Simmons, 34; his uncle, Johnny Simmons, 59; and another employee, Donntay Borom, 18 were all killed. LaMelvin Dewayne Johnson, 41, was charged with capital murder in the killings. Evidence at his trial showed that Harvey Simmons fired Johnson and that Johnson became angry, went to his car and came back with a pistol that he used to kill the 3 men. Witnesses said that, after shooting all 3, Johnson went back to where Harvey Simmons was lying on the ground, stood over him and fired several more shots into his body. The trial Johnson's trial began on Sept. 18, 2019. After about two weeks of testimony and two hours of deliberation, jurors found Johnson guilty of capital murder, and the trial moved into the punishment phase. Jurors had 2 choices: sentence Johnson to death by injection or life in prison with no possibility of parole. The punishment phase During the punishment phase of the trial, prosecutors argued that Johnson would continue to be a threat to society if allowed to live, even if he were confined in prison, and deserved the death penalty. They introduced his past criminal record, which included arrests for assault, evading arrest and illegal possession of a gun. They also presented Johnson's record during his detention awaiting trial. Johnson was written up for various violations, including fighting with other inmates seven times. The jury was shown a security video of Johnson knocking another inmate to the floor in one of those incidents. The defense argued that mitigating circumstances called for giving Johnson life without parole. Those circumstances, it said, included a childhood spent in poverty and chaos during which he often saw his father beat his mother and was beaten himself when he tried to protect his mother. Johnson also had a history of suffering from depression that went untreated until he was jailed awaiting trial, the defense said. The sentence After about a week of hearing testimony in the punishment phase, juror retired for about six hours and returned a sentence of life without parole. They found that Johnson would be a continuing threat to society but that the mitigating circumstances called for the more lenient sentence. (source: click2houston.com) ** Suspect in Trooper Sanchez’s shooting pleads not guilty Victor Alejandro Godinez pleaded not guilty to 3 charges during a formal arraignment hearing Monday. Before the hearing got underway Monday, 389th state District Court Judge Letty Lopez appointed Edinburg-based criminal defense attorney O. Rene Flores to represent Godinez. The appointment was made to avoid having to delay the hearing once again after Godinez appeared without an attorney for a 2nd straight week. During the Sept. 30 arraignment hearing, the court questioned Godinez’s ability to retain an attorney, after Godinez told the court he would speak with his mother about retaining one, and the case was reset for Monday morning. Godinez, after briefly conferring with Flores, pleaded not guilty to 1 count of capital murder and 2 counts of attempted capital murder. A Hidalgo County grand jury handed down a capital murder indictment last month shortly after Sanchez died Aug. 24 as a result of complications during surgery to treat injuries he suffered during the April shooting. As is common with capital murder cases, the death penalty remains on the table up to the time of the trial, at which time the state would have to announce to the court how they would proceed. Godinez is accused of shooting Sanchez, 48, on April 6 after the suspect fled a car crash the trooper responded to on North 10th Street and Freddy Gonzalez Drive in McAllen. The 24-year-old man is accused of running away after shooting Sanchez once in the head and once in the shoulder. Sanchez went through intense rehabilitation and multiple surgeries after the shooting. However, he succumbed to his injuries on Aug. 24, following a surgery in Houston. 2 Edinburg police officers caught up with Godinez in the 1500 block of South Maltese in Edinburg. He’s also accused of shooting at those officers, who eventually apprehended him east of Mon Mack Road and State Highway 107. The officers were not hit and police say they recovered a .357 revolver authorities say Godinez used in the shooting. Godinez was indicted earlier this year on separate attempted capital murder charges related to shooting at the officers, and was represented by Sergio Muñoz. However, after the hearing Monday, the state is expected to ask the court to consolidate those charges into the capital murder case. Godinez remains jailed on $3 million in bonds and is expected back
[Deathpenalty] death penalty news----TEXAS, PENN., VA., S.C., OHIO
Sept. 25 TEXASimpending execution Texas set to execute Robert Sparks after brutal deaths of his stepsons, wifeSparks was convicted in the 2007 stabbing deaths of his family members in his Dallas home. His lawyers have sought to stop his execution with arguments of intellectual disability and a jury tainted by a bailiff wearing a syringe tie. 12 years ago, Robert Sparks told police he killed his wife and 2 stepsons, ages 10 and 9, by repeatedly stabbing them in their Dallas home in the middle of the night. He then confessed to raping his 12- and 14-year-old stepdaughters. He told investigators his family had been poisoning him; he wanted to be tested for poison and for the girls to undergo polygraph tests, according to court records. He said a voice told him to kill his family. On Wednesday, Sparks, now 45, is set to be executed in the deaths of his stepsons, Raekwon Agnew and Harold Sublet Jr. Texas officials say his execution for the heinous crime should not be delayed, but Sparks’ attorneys filed multiple appeals within the last month. They fought for more time and resources to fully prepare a filing arguing that Sparks is intellectually disabled, which would legally bar him from execution. And they have continued to contend his trial was tainted by false testimony and a bailiff who wore a tie with a syringe on it during jury deliberations. “Without a stay of execution, it is likely that Texas will execute an intellectually disabled man,” Sparks’ attorney, Jonathan Landers, wrote in a recent federal district court filing. That appeal, along with those filed in state court and the federal appellate court, has been rejected. Final requests to stop his execution reside within the U.S. Supreme Court chambers. Sparks has been diagnosed as psychotic with delusions and with schizoaffective disorder, according to court records. At his trial, Dallas County prosecutors detailed how Sparks called police after the murders and later confessed on tape to killing the boys, as well as his wife, Chare Agnew. According to WFAA-TV, Sparks said he had been recording his family because he thought they were poisoning him, and he threatened to kill Agnew if he found out she had been. When everyone was asleep in September 2007, he stabbed his wife 18 times in their bed, court records state. He then woke the boys and stabbed them repeatedly — Harold at least 45 times. At the trial, emotions ran high. The court was disrupted several times by Harold’s father, who jumped up and ran toward Sparks when attorneys detailed how his son died, according to court records. A large blade found in the gallery disrupted court proceedings one day. And closing arguments were delayed in the guilt phase of the trial after Sparks apparently tried to kill himself, The Dallas Morning News reported. Ultimately, he was convicted of capital murder and sentenced to death in December 2008. In recent court filings, Sparks’ attorneys asked for funds to hire a neuropsychologist to determine if Sparks was intellectually disabled. They said things like an IQ score of 75 (a borderline number for the disability), his struggle in special education classes, and poor learning and memory indicate a strong possibility Sparks would be ineligible for the death penalty under U.S. Supreme Court precedent that forbids execution of the intellectually disabled. Intellectual disability is often discussed in Texas death penalty cases since the U.S. Supreme Court slammed Texas for a 2nd time in February and invalidated its method of determining whether a death penalty inmate is disabled. Sparks’ lawyers said the appeal wasn’t brought forward earlier because Texas’ old method of determining intellectual disability was more restrictive than current medical standards. They argued that now Sparks’ low functioning, in addition to his borderline IQ of 75, “necessitates a full intellectual disability analysis.” A federal district court judge denied the request for funds and a stop to his execution last month. U.S. District Judge David Godbey said Sparks already had a full analysis before trial, when his IQ score was given, and he was not deemed intellectually disabled. An appellate court also rebuked Sparks for first raising the claim of intellectual disability months before his execution. In final filings before the U.S. Supreme Court, Sparks’ argument hinges on behavior at his trial. His lawyers say false testimony from a witness and a bailiff’s wardrobe affected the jury. Sparks’ lawyers said a state witness falsely claimed at trial that if sentenced to life in prison instead of death, Sparks would automatically be inserted into lower-security housing, providing the chance to eat and socialize with other inmates. Sparks’ attorneys said this influenced the jury to lean toward a death sentence and that it was likely he would have been in more restrictive custody based on his
[Deathpenalty] death penalty news----TEXAS, PENN., VA., S.C., GA., FLA., LA.
Sept. 24 TEXASimpending execution North Texas man set to be executed for killing family A 45-year-old North Texas man who was convicted of murdering his wife and 2 stepsons before raping his stepdaughter is set to be put to death. Robert Sparks, 45, is scheduled to be executed by lethal injection Wednesday at the Huntsville “Walls” Unit. That is if the U.S. Supreme Court doesn’t step in. Sparks, who has been on Texas death row since his conviction in 2008, is asking the U.S. Supreme Court to halt his execution, arguing that the jury specifically relied upon “the false testimony of prosecution expert A.P. Merillat when sentencing him to death. The appeal also claims that the courtroom bailiff wore a syringe tie on the date of jury deliberations, “creating an unacceptable risk of impermissible factors coming into play at trial.” Court records show that just after midnight on Sept. 15, 2007, Sparks put his hand over the mouth of his wife, Chare Agnew, and stabbed her 18 times in her bed. Then, one at a time, he woke up his stepsons — 9-year-old Harold and 10-year-old Raekwon — and stabbed them 45 times each, dragging their bodies into the living and stashing them under a comforter. Next, he went after the girls, raping his 14-year-old stepdaughter on the couch while her younger sister watched. Afterward, he apologized to them for the rapes and murders — but said their mother had been trying to poison him. Sparks was arrested a few days later and tried the following year. If carried out, Sparks will be the 16th person executed in the United States this year and the 7th in the state of Texas. (source: Huntsville Item) *stay of impending execution Texas court halts the execution of Stephen Barbee to consider U.S. Supreme Court precedentThe Texas Court of Criminal Appeals issued a stay in Barbee's case. He was set for execution on Oct. 2. The Texas Court of Criminal Appeals on Monday temporarily stopped the execution of Stephen Barbee. He had been set to die Oct. 2. Barbee, 52, was sentenced to death in Tarrant County in the 2005 murder of his pregnant ex-girlfriend, Lisa Underwood, and her 7-year-old son, Jayden. According to court records, Barbee initially confessed during police interrogation to killing them because he feared Lisa would tell his wife that he was likely the father of her unborn child and that he would have to pay child support. He later recanted the confession, which his lawyer argues was “the product of fear and coercion,” and has since maintained his innocence. The Texas court stopped next week’s execution because Barbee’s attorneys at his short, two-and-a-half day trial, admitted to his guilt, likely in an attempt to secure the more favorable sentence of life in prison without the opportunity for parole. Barbee has said this concession of guilt was against his wishes, that he repeatedly told his lawyers he wanted to maintain his innocence and that his lawyers’ statement was “a complete surprise.” The concession, Barbee argues, is a violation of his Sixth Amendment right to counsel. The argument was rejected earlier, but after a 2018 U.S. Supreme Court decision out of Louisiana, the Texas Court of Criminal Appeals ordered further review of the case. In McCoy v. Louisiana, the high court ruled that “a defendant has the right to insist that counsel refrain from admitting guilt, even when counsel’s experienced-based view is that confessing guilt offers the defendant the best chance to avoid the death penalty.” Though the ruling has been raised unsuccessfully in other Texas death penalty appeals, the state appellate court decided Barbee’s case requires an opinion the case's reach. The judges gave the state and Barbee 30 days to file briefs on issues involving the Supreme Court decision. (source: The Texas Tribune) Executions under Greg Abbott, Jan. 21, 2015-present46 Executions in Texas: Dec. 7, 1982present-564 Abbott#scheduled execution date-nameTx. # 47-Sept. 25---Robert Sparks---565 48-Oct. 10Randy Halprin---566 49-Oct. 16Randall Mays567 50-Oct. 30Ruben Gutierrez-568 51-Nov. 6-Justen Hall-569 52-Nov. 13Patrick Murphy--570 53-Nov. 20Rodney Reed-571 54-Dec. 11Travis Runnels--572 (sources: TDCJ & Rick Halperin) *impending execution Texas plans to execute a man who says DNA evidence could exonerate himRodney Reed’s lawyers have filed a lawsuit claiming Texas is violating his constitutional rights TEXAS'S DEATH-PENALTY machinery is humming. Last year, the state carried out more than half of America's executions.
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., S.C., GA., ALA., OHIO
Sept. 21 TEXAS: Once his defense, Greco’s sexuality used against him as prosecutors push for death penalty When Daniel Greco was first questioned 3 years ago for the murder of Anjanette Harris and her unborn child, Greco told investigators that he accidentally killed Harris during bondage sex when he bound her and pulled a rubber strap around her neck. His defense attorneys, hoping to get a conviction less severe than capital murder, incorporated this defense in their closing arguments to jurors on Wednesday. That argument ultimately failed, and the jury convicted Greco for capital murder. On Friday, as the trial entered the punishment phase, prosecutors hit hard on Greco’s sexuality as they steered their case toward their goal: seeing Greco get the death penalty rather than a life sentence without a chance for parole.<\P> Prosecutors welcomed 2 women who once had sex with Greco to the witness stand. They both said they believed or were told by friends “it could have been me” who Greco murdered if it were not Harris. Assistant District Attorney Lindsey Sheugit, as she questioned one of the women, presented jurors with letters between Greco and six women while he’s been locked up in the Denton County jail. In the letters, Greco wrote sexually explicit notes to each of them. “I like bad girls, like to talk dirty and be funny, so hit me up,” he wrote one, saying to another, “Thank you for the pics, they really got my juices flowing.” All of this will matter in the context of whether Greco gets to live for the rest of his life among the general populations inside the Texas prison system or live isolated on death row until he is executed. After failing to see Greco acquitted of capital murder, his defense attorneys are now locked in a struggle to prove that Greco was and remains a good person despite making a bad decision to kill Harris. Responding to the rounds of letters the state showed the jury, defense attorney Derek Adame showed the jury through his cross examination of one of the women that inmates, regardless of their convictions, write sexually in letters to former sex partners, something Adame argued is routine and in no way an indication that Greco has no remorse for what he did to Harris. Adame and fellow defense attorney Caroline Simone cross examined witnesses with questions related to how encouraging and supportive Greco is of them. Adame called in one man who lived in the cell next to Greco in the county jail. He, too, talked about how supportive Greco was of him. The waning days of this trial become personal, at times painfully, on Friday for Greco. The state not only plunged into Greco’s sexuality but called his mother, Mary Greco, to the witness stand. Prosecutors asked her questions about her son’s decades-long struggle with drug addiction and about his childhood. In his letters to his mother, Greco, who on previous convictions spent time in state prison, acknowledges how much better the Texas Department of Criminal Justice food is than at the Denton County jail, and how much easier it is to sneak contraband into prison than the county jail. In one letter, Greco wrote his mother that he was remorseful but that he didn’t want to spend life in prison. “I feel like I deserve 20 years,” he wrote, the length of the maximum sentence one can receive after a manslaughter conviction. The punishment phase of the trial will continue at 8:30 a.m. Monday in Denton County 431st District Court. (source: Denton Record-Chronicle) * Valley death row inmate granted stay of execution A Court granted a death row inmate’s request for a stay of execution, court records show. In a Sept. 17 order filed in the Southern District of Texas, U.S. District Judge Micaela Alvarez granted Juan Raul Navarro-Ramirez’s motion for a stay — adopting, in its entirety, the “Report and Recommendation,” order from Magistrate Judge Peter E. Ormsby filed in July, the record states. Navarro-Ramirez, 35, who has been sitting on death row in Livingston, Texas, for nearly 15 years, was convicted of 2 counts of murder in December 2004 and given a sentence of death in connection with a failed drug rip against rival gangmembers that left 6 men dead in January of 2003. Navarro-Ramirez, and several fellow members of the Tri-City Bombers, wearing law enforcement gear, participated in the robbery of drugs from a rival gang at a stash house in Edinburg. Ultimately, 6 men were killed, and at least 10 co-defendants arrested in connection with the incident, including Juan Arturo Villarreal Cordova, Robert Garza, Jeffrey Juarez, Reymundo Sauceda, Robert Cantu, Salvador Solis, Juan Miguel Nunez, Juan Ramirez and Jorge Espinosa Martinez. Originating from the Pharr, San Juan, and Alamo area as a breakdancing crew called the “Tri-City Poppers,” the crew began their criminal enterprise first with petty crimes, and then
[Deathpenalty] death penalty news----TEXAS, PENN., S.C., LA., OHIO, MO., USA
Sept. 17 TEXASimpending executions Stephen Dale Barbee's exertion is scheduled to begin at 6 pm CDT, on Wednesday, October 2, 2019, at the Walls Unit of the Huntsville State Penitentiary in Huntsville, Texas. 52-year-old Stephen is convicted of the murder of 34-year-old Lisa Underwood, and her 7-year-old son Jayden at their Fort Worth, Texas home on February 19, 2005. Lisa was also 7-months pregnant at the time of the murder. Stephen has been on death row in Texas for the last 13 years. Stephen was a year away from graduating high school, when he dropped out, however, he eventually obtained his GED. Stephen lost both his siblings when they were each 20 years of age, resulting in a downward spiral for a time. However, he eventually got his life back on track, working as a police officer and operating a tree-trimming and concrete cutting business with his ex-wife, Theresa, from whom he was divorced. Stephen was also a member of a local church, where he worked with children. Lisa Underwood, a bagel shop owner in Fort Worth, Texas, met Stephen Barbee, a customer, and the 2 eventually started seeing each other. In July 2004, Lisa became pregnant and believed Barbee was the father (DNA tests would later prove Barbee was not the father). Barbee married another woman at the end of 2004. On February 19, 2005, Lisa’s family and friends held a baby shower for her, but she never arrived. They contacted the police who began investigating her disappearance. Police checked our her home, which did not appear to have been broken into. However, Lisa’s blood was discovered throughout the living room. Police also visited Theresa (Barbee’s ex-wife), to inquire about Barbee’s whereabouts. Theresa urged Barbee to turn himself in. On the day of Lisa’s disappearance, unbeknownst to Fort Worth detectives, Barbee was stopped by a deputy sheriff along a service road. Barbee was observed to be wet and covered in mud. He gave a false name to the deputy and fled on foot. On February 21, 2005, Lisa vehicle was discovered in a creek, about 300 yards from where the deputy had stopped Barbee. The windows were down and in the rear of the vehicle, police discovered cleaning solution. Later that day, police tracked Barbee, his current wife, and another co-worker, Ronald Dodd, to a job site in Tyler, Texas. All agreed to go to the Tyler police station for questioning. In his first interview with police, Barbee stated that he had not seen, nor heard from Lisa in months. After his initial statement, Barbee asked to use the bathroom, and while in there, confessed to a detective that he killed Lisa. Barbee said he started a fight with Lisa and held her face down on the carpet until she stopped breathing. He then held his hand over Jayden’s mouth and nose until he stopped breathing. Barbee attempted to defend himself, saying he was just trying to calm them down, however, evidence showed that both bodies had been severely beaten. He said he committed the crime because he thought Lisa was going to ruin his family and his relationship with his wife. This confession was not recorded. Barbee then gave another, recorded, confession to the police, however this confession was not allowed to be presented at the trial. The day after confessing, Barbee took police to the location of the 2 buried bodies. A few days later, Barbee recanted his confession. Barbee was convicted and sentenced to death on February 27, 2006. Please pray for peace and healing for the family of Lisa and Jayden. Please pray for strength for the family of Stephen Barbee. Please pray that if Stephen is innocent, lacks the competency to be executed or should not be executed for any other reason, that evidence will be presented prior to his execution. Please pray that Stephen may find peace through a personal relationship with Jesus Christ. Randy Ethan Halprin is scheduled to be executed at 6 pm CDT, on Thursday, October 10, 2019, at the Walls Unit of the Huntsville State Penitentiary in Huntsville, Texas. 42-year-old Randy is sentenced to death for his part in the murder of 29-year-old Police Officer Aubrey Hawkins on December 24, 2000, in Irving, Texas. Randy has spent the last 16 years on death row in Texas. Randy was born in Texas. He was raised in the Jewish faith, including having a Bar Mitzvah when he was 13. He dropped out of school after the 11th grade. Randy would work as a laborer and perform maintenance prior to being arrested. In 1997, Randy was convicted and given a 30-year sentence for severely beating an 18-month-old child he was babysitting. The child suffered two broken legs, two broken arms, and a skull fracture. When he confessed, Randy claimed that he was upset that the child wouldn’t stop crying. Randy was serving his time at the John B. Connally Unit, a maximum security state prison near Kenedy, Texas, when he joined six other inmates - 38-year-old
[Deathpenalty] death penalty news----TEXAS, PENN., ARIZ., CALIF., USA
Sept. 14 TEXAS: Death penalty waived in Royse City capital murder caseThe office of Hunt County District Attorney Noble D. Walker Jr. has waived the death penalty in connection with a capital murder case out of Royse City. 2 men will not be sentenced to death by lethal injection if they are convicted of capital murder in connection with the February homicides of 2 people in Royse City. Hunt County District Attorney Noble D. Walker Jr. said his office filed the motion Friday with the 354th District Court in the cases against Dearis Rayvone Davis, 19, of Arlington and Calvin Earl Rayford, 18, of Rowlett. “We have waived the death penalty as a punishment based on the evidence in the case,” Walker said, declining further comment. Davis and Rayford are each being held in lieu of $1 million bond on charges of capital murder of multiple persons, filed by the Royse City Police Department. Both were taken into custody May 29 and were indicted in August on the capital murder charges by the Hunt County grand jury involving the deaths of Courtland Trowell-Wilmore and a juvenile male whose family is asking for his name to be withheld from publication. The Royse City Police Department reported it had found 2 people dead in the Woodland Creek subdivision during the early hours of Feb. 3, with a 3rd individual believed to have left the scene. One of the two victims was a high school student at the time of his death, and the other was a former student. Capital murder carries a sentence upon conviction of lethal injection or life in prison without the possibility of parole. Davis will now need a new attorney, as he had been represented by the West Texas Regional Public Defender for Capital Cases program, which only handles death penalty cases, while Rayford has hired a defense attorney. Arraignment hearings in their cases are scheduled later this month in the 354th District Court. (source: Greenville Herald-Banner) PENNSYLVANIA: Commentators Criticize Pennsylvania Death Penalty, Call for Reform or Abolition As the September 11, 2019 Pennsylvania Supreme Court argument date approached in 2 cases challenging the constitutionality of the state’s death penalty, commentators and stakeholders weighed in on the case in op-eds across the state. These opinion articles highlighted the work of a June 2018 report by the Pennsylvania Task Force and Advisory Committee on Capital Punishment that found deep flaws in the administration of the Commonwealth’s death penalty, as well as the experiences of exonerees and victims’ family members. Daniel Filler, a law professor and member of the Task Force’s advisory committee, wrote in The Philadelphia Inquirer, “Our legislators have not stepped up to ensure a fair and effective process for deciding [death penalty] cases. Pennsylvania is the only state in the country that does not fund a statewide capital defender program or contribute to the costs of representing indigent capital defendants. Each county must fund the defense individually, and most simply cannot afford the price tag. Without adequate representation, Pennsylvania has sentenced numerous defendants to death only to later find that they were severely mentally ill or innocent or intellectually disabled and thus ineligible for a death sentence.” Filler urged the court to step in to act where the legislature had failed, saying, “Our society has rules and norms and at some point a court can no longer ignore a death penalty system that does not conform to them.” The (Allentown) Morning Call published an op-ed by former federal prosecutor Thomas Farrell, who wrote, “As a former prosecutor, I am deeply troubled by this fact: Pennsylvania does not choose fairly those it condemns to death.” He noted the racial and geographic disparities that plague Pennsylvania’s death penalty, saying, “If Pennsylvania wants a death penalty system worthy of its ultimate power, then it needs to start by reforming its process for capital prosecutions. Life or death for a murder defendant depends more than anything on in which of Pennsylvania’s 67 counties he is prosecuted. … The pernicious effects of race, whether the defendant’s or the victim’s, continue to distort prosecutorial and sentencing decisions.” Farrell concluded, “when it comes to the death penalty, an imperfection can mean a wrongful execution. Almost as momentous, it means we the people — through our legislature, courts, prosecutors, and juries — have acted unjustly. That risk has persisted for over 40 years despite our best efforts to get it right. It’s time to stop.” In a separate op-ed for The Legal Intelligencer, law professor Jules Epstein—who authored one of the amicus briefs filed in support of the prisoners’ challenge—echoed those sentiments, presenting specific data on racial bias in Pennsylvania. “At its simplest, the data conclusively show the following—white victim cases result
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., OHIO, TENN., OKLA., USA
Sept. 13 TEXAS: El Paso shooting: Prosecutor plans to pursue death penalty after capital murder indictment The man accused of opening fire in an El Paso, Texas, Walmart, killing 22 people and wounding several others, has been indicted on a capital murder charge, the El Paso County District Attorney's Office said following the grand jury's Thursday decision. District Attorney Jaime Esparza intends to seek the death penalty in the August 3 massacre, according to a statement. "The District Attorney's Office will continue to work hard to ensure that justice is done and is committed to assisting the victims through the judicial process," the statement said. Capital murder is the highest charge in Texas, Esparza's office said, and is punishable by death or life in prison without parole. In the days after the deadly rampage, suspected gunman Patrick Crusius of Allen, Texas, was placed on suicide watch based on the recommendation of medical staff, El Paso County Sheriff's spokeswoman Leslie Antunez told CNN on Tuesday. The 21-year-old is being held at the El Paso County Detention Facility without bond. He is accused of opening fire on unsuspecting shoppers at the Cielo Vista Walmart in the west Texas city near the Mexican border. He surrendered and identified himself as the shooter following the massacre, police said. He told police that he was targeting Mexicans, according to an arrest affidavit. While in custody, the suspect has been "cold" in his interactions with police, authorities told CNN last month. Days after his arrest, Police Chief Greg Allen told reporters that the suspect had been cooperative, though he's shown no remorse and "appears to be in a state of shock and confusion." The suspected shooter is believed by investigators to have authored a racist, anti-immigrant document that stated his disdain for Hispanic immigrants whom he said were overtaking America. The 4-page document, titled "The Inconvenient Truth," was published on the online message board 8chan about 20 minutes before the shooting, authorities said. The writing is filled with white supremacist language and racist hatred aimed at immigrants and Latinos, and the author says he opposes "race mixing" and encourages immigrants to return to their home countries. (source: CNN) PENNSYLVANIA: Pennsylvania Supreme Court Hears Argument on Constitutionality of Death Penalty The Pennsylvania Supreme Court heard oral argument on September 11, 2019 on whether to exercise its extraordinary “King’s Bench” powers to determine whether the death penalty, as currently applied in the Commonwealth, violates the Pennsylvania constitution. If the court agrees to reach the constitutional issue, it has the power to strike down the death penalty, uphold its constitutionality, or issue directives or standards regarding its future use. Assistant federal defender Timothy Kane of the Federal Community Defender Office for the Eastern District of Pennsylvania argued on behalf of death-row prisoners Jermont Cox and Kevin Marinelli, who challenged the state’s death penalty after a June 2018 report by the Pennsylvania Task Force and Advisory Committee on Capital Punishment raised numerous concerns about the way the death penalty is administered in Pennsylvania. Before a packed courtroom in Philadelphia, with an overflow audience listening in an adjacent room, Kane described what he called a broken and arbitrary death-penalty system skewed by an overly broad statute and plagued with racial and geographic disparities. Kane asked the court to declare the Commonwealth’s death penalty unconstitutional and to reduce the sentences of the state’s 137 death-row prisoners to life in prison without parole. Kane’s argument emphasized the unreliability of Pennsylvania death-penalty verdicts, noting that courts have overturned more than half of the 441 death sentences imposed since the Commonwealth reinstated the death penalty in 1974. “The reliability of the system as a whole is cruel and the systemic problems affect every case,” Kane argued. “If the system is cruel, it’s incumbent for this court to say so.” The Philadelphia District Attorney’s office joined with the defenders in calling for the end of the Commonwealth’s death penalty. Supervisory Assistant District Attorney Paul George, of the D.A.’s appeals division, told the court that the systemic provision of deficient representation to indigent capital defendants has produced a constitutionally indefensible death penalty. Paul cited a study by the Philadelphia District Attorney’s office of 155 death sentences imposed in Philadelphia from 1978-2017. In that forty-year period, he said, 72% of the death verdicts had been overturned, most as a result of ineffective defense representation. “When you’re talking about having a 72% error rate, you’re not talking about a reliable system,” George said. Ronald Eisenberg, a
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., FLA., ALA., OHIO
Sept. 12 TEXAS: Family and nun fight for retrial as man convicted by all-white jury faces death Supporters of Rodney Reed, scheduled for execution in November, point to racial bias and questionable evidence “He never had a chance.” That’s what Sandra Reed said at the start of a rally in front of the Texas governor’s mansion calling for a retrial for her son, Rodney Reed. Reed, 51, has been on death row in Texas since 1998 and is scheduled to be executed on 20 November for murder. But an array of supporters even beyond his own family, ranging from some relatives of the woman he was convicted of killing to a world-famous nun, argue that Reed is innocent and is a casualty of a criminal justice system beset by errors and racial bias. In 1998, Reed, who is African American, was convicted – by an all-white jury – of the 1996 murder of 19-year-old Stacey Stites. His family has spent years trying to get his case overturned and he is represented by the Innocence Project, the not-for-profit group that focuses on DNA testing to exonerate wrongly convicted people and campaigns to reform the system. Reed’s lawyers filed a federal civil rights lawsuit against Texas last month, after repeatedly being thwarted in their demands for DNA testing of the murder weapon, a leather belt used to strangle Stites. His lead attorney, Bryce Benjet of the Innocence Project, said continued refusal to perform the test violates Reed’s constitutional rights. And Reed’s case has caught the attention of the Texas state representative Vikki Goodwin. “I don’t think anyone can say he is guilty without a shadow of a doubt,” Goodwin said. “I don’t believe we should carry out the death penalty when there’s doubt about the truth of the case.” During the original trial, DNA from the Stites case matched Reed, but he said he was having a secret affair with her to avoid scandal in a small Texas town, especially because Reed is black and Stites white. Reed’s legal team believes new evidence presented at a retrial would prove that Jimmy Fennell, Stites’s fiancé at the time of her death, was the murderer. Fennell was a police officer for Georgetown, near Austin, at the time, and was later sentenced to 10 years in prison for a different crime stemming from allegations that he kidnapped and raped a woman while on duty. The lawsuit is the latest in a series of actions to get Reed a retrial. Three weeks before he was scheduled to die by lethal injection, on 5 March 2015 in the Texas state penitentiary, his lawyers filed an appeal to the criminal appeals court, citing multiple problems with his conviction and urging a stay of execution and a retrial. That same month, the US supreme court declined to review Reed’s case. In the August 2019 lawsuit, the Innocence Project lawyers claim there are “multiple additional items of evidence” collected during the murder investigation in a “condition suitable for DNA testing”. The suit also argues that that Fennell couldn’t keep his testimony straight and failed his polygraph tests and that he acted “suspiciously” following Stites’ death, including closing his bank account and disposing of his truck. Fennell’s “inconsistent statements” about his whereabouts on the night of 22 April 1996 are significant because the condition in which Stites’s body was found on 23 April indicates she was “murdered several hours before” her body was found, the suit claims. “Prominent forensic pathologists have reached the un-rebutted conclusion that Fennell’s testimony that Ms. Stites was abducted and murdered while on her way to work around 3:30AM is medically and scientifically impossible,” the lawsuit claims. Several complaints were filed against Fennell alleging “racial bias and use of excessive force at the Giddings Police Department where he worked”, and he was overheard several times saying that if Stites cheated on him, “he would kill her” and “he specifically stated he would strangle her with a belt”, the suit said. Fennell was initially a suspect but investigators focused on Reed after his DNA was discovered inside Stites’s body, and a jury concluded that Reed raped and strangled Stites after intercepting her on the way to work, a timeline his lawyers argue has been discredited. Supporters think there are other issues at play. “Race was a big factor in this case. A ‘Jim Crow trial’, an all-white jury, none of his peers,” Sandra Reed told the Guardian. Benjet said there was data showing racial disparity in “most if not every” aspect of the US criminal justice system. Sister Helen Prejean, an anti-death penalty activist and author of the book Dead Man Walking, visited with Reed’s family in 2015 as his previous execution date neared. Her book about the death penalty and the subsequent film changed many people’s perspectives in the US on capital punishment. She tweeted about Reed’s case in 2015. She has followed the case
[Deathpenalty] death penalty news----TEXAS, PENN., S.C., OHIO, WYO., CALIF., USA
Sept. 11 TEXASexecution Texas Inmate Mark Soliz Executed for 2010 Killing“I want to apologize for the grief and the pain that I caused y’all,” he said before receiving a lethal injection. A Texas death-row inmate convicted of murdering a 61-year-old woman during a robbery in 2010 was executed on Tuesday night, becoming the state’s 6th execution this year. Mark Soliz, 37, died by lethal injection despite claims by his lawyers that he suffered from fetal alcohol spectrum disorder and therefore should be spared from execution. Soliz was the 15th prisoner put to death this year. Despite his hopes for a reprieve from the death penalty, Soliz reportedly did not file a last-minute appeal with the Supreme Court. According to The Huntsville Item, Soliz was apologetic to the family of his victim—Nancy Weatherly—in his final statement. “I want to apologize for the grief and the pain that I caused y’all,” Soliz reportedly said to the 2 members of the Weatherly family who attended the execution. “I’ve been considering changing my life, it took me 27 years to do so. I don’t know if me passing will bring y’all comfort for the pain and suffering I caused y’all. I’m at peace.” Soliz and his lawyers went through the appeals process for years, with the most recent denial reportedly coming last week. His lawyers had cited a decision two weeks ago by the 5th U.S. Circuit Court of Appeals, which stayed the execution of Dexter Johnson based on new standards for evaluating mental disability. “They’re almost identical,” Soliz’s lawyer, Seth Kretzer, said of the 2 cases. “It’s simply not right to execute the mentally disabled,” Kretzer said, adding that he knows they may not prevail. “Hope is a very dangerous thing to have in prison. We’ve used every legal tool we can to fight this and now we just have to wait.” Under the old medical standards, Soliz’s IQ of more than 70 meant he did not qualify as mentally disabled. But under new criteria, Soliz’s lawyers say his diagnosis of fetal alcohol syndrome should qualify him as mentally disabled and ultimately save him from a lethal dose of pentobarbital. “Because Mr. Soliz suffers from fetal alcohol spectrum disorder, he should be categorically exempted from the death penalty under the 8th amendment to the United States constitution,” his lawyers argued in court documents. “[Fetal alcohol syndrome] is the functional equivalent of the conditions already recognized as disqualifying exemptions to the death penalty such as intellectual disability.” Soliz’s mother was a prostitute who drank and huffed glue during her pregnancy. He scored 75 on his last IQ test, which falls within the 70-84 range considered borderline intellectual functioning, according to an evaluation paid for by his lawyers and reported in the Austin Chronicle. Greg Westfall, who represented Soliz during his 2012 trial, said that in a different jurisdiction, his client would have received a life sentence. “Johnson County has a huge evangelical presence and a large amount of people who believe in the death penalty,” he said, adding, “and there’s racial overtones to the case. He’s a Hispanic who killed a white grandmother.” Soliz’s deadly crime spree began in June 22, 2010, when he and co-defendant Jose Ramos stole several guns. The pair went on to steal from several stores and killed a man in one of the robberies, making a widow of his eight-months pregnant wife. (Ramos pleaded guilty and was given a life sentence for the slaying.) On June 29, 2010, Weatherly, a grandmother and engineer at an aerospace company in Godley, Texas, heard her doorbell ring around 10:30 a.m. and opened her front door to find Soliz pointing a Hi-Point 9 mm semiautomatic handgun in her face. Soliz brought her inside and began to search the house for valuables. When she asked him not to take her deceased mother’s jewelry box, he told her she would join her mother shortly and shot her in the back of the head. (source: thedaiylbeast.com) Texas executes man who killed woman during spate of crimes A Texas death row inmate was executed Tuesday for fatally shooting a 61-year-old grandmother at her North Texas home nearly a decade ago during an 8-day spate of crimes that included thefts and another killing. Mark Anthony Soliz, 37, received a lethal injection at the state penitentiary in Huntsville for the June 2010 slaying of Nancy Weatherly during a robbery at her rural home near Godley, located 30 miles (48 kilometers) southwest of Fort Worth. Soliz was the 15th inmate put to death this year in the U.S. It was the 6th execution in Texas and the 2nd in as many weeks in the state. 9 more executions are scheduled this year in Texas, the nation's busiest capital punishment state. During a 5-minute final statement, Soliz apologized profusely from the death chamber gurney. "I don't know if me passing will bring y'all comfort for
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., OHIO, ARIZ., USA
Sept. 9 TEXAS: Forensic testing backlog at issue in RGV courts Gabriel Keith Escalante has been incarcerated in Hidalgo County for 18 months. His chances of making the $1.25 million bond on charges of capital murder of multiple persons are slim to none. And as he sits behind bars, a serious question remains unanswered. Will the Hidalgo County District Attorney’s Office seek the death penalty against the 40-year-old Edinburg man on accusations that he, along with his girlfriend, 41-year-old Irene Navejar, beat 53-year-old Alejandro Salinas Sr. to death and suffocated the man’s mother, 73-year-old Oliva Salinas, on April 23, 2018. The answer depends on what the analysts at the Texas Department of Public Safety’s Weslaco Crime Lab find when those officials test forensic evidence in the case. As of Aug. 21, the crime lab hadn’t even started. At a court hearing in Escalante’s case last Thursday, Hidalgo County Assistant District Attorney Andrew Almaguer could only tell Judge Linda Reyna Yáñez that the DPS crime lab told him that officials there would begin analysis on several items. That’s a problem for Escalante’s defense attorney, O. Rene Flores. “There currently exists an epidemic of delay with forensic analyses of evidence at the Texas Department of Public Safety Crime Lab — the crime lab of choice for prosecutions in Hidalgo County, Texas,” he said in a motion filed on Aug. 21, the day DPS notified the state testing would begin on several pieces of evidence in the case. “Several announcements have been made by the State in the instant case, effectively placing the accused and this Court on notice that there is a chronic delay in the forensic analysis of evidence across the board in criminal cases in Hidalgo County.” The state, through Almaguer, didn’t disagree. Neither did the judge, Yáñez. “This is an issue for many cases,” she said, while listening to Flores’ argument. But Flores suggested a solution: send the samples to a private lab since forensic testing is “backlogged” at the DPS crime lab in Weslaco. Yáñez is considering the motion, but agreed to give Almaguer until Sept. 16 to provide her with a status of where DPS is at with the forensic analysis. Escalante wasn’t the only defendant at the Hidalgo County Courthouse this week where delays in evidence testing at the crime lab impacted their cases. Take 23-year-old Alamo resident Alex Arevalo, who has admitted to shooting and killing 41-year-old McAllen resident Nicolas Anthony Bazan on June 19, 2017. Court records indicate he agreed to a plea agreement on March 27 to a charge of murder, escaping a capital murder charge. The state in this case said it would recommend a 45-year prison sentence, court records indicate. He was scheduled to receive his sentence Wednesday morning. But he didn’t. Flores also represents Arevalo and said that case has fallen victim to the “crime lab epidemic.” Arevalo’s sentencing was rescheduled until Nov. 6. The spector of the DPS crime lab backup also raised its head on Thursday afternoon during a hearing for 25-year-old Mission resident Guadalupe Garcia Vela, who is accused of gunning down Yvette Garza and Natalie Hernandez on Dec. 20, 2015 during a botched drug deal. Vela has been in jail since January 2016. Nereyda Morales-Martinez and Regina “Regi” Richardson, Vela’s attorneys, said during a pre-trial hearing that DPS began testing cannisters found at the crime scene in early August. The crime happened more than three years ago. Vela’s jury trial, which was scheduled for late September, was canceled in part to wait for the forensic analysis of the cannisters. There was also a delay due to additional ballistic testing that may be conducted in the case due to a request made by the defense on Thursday to test the service weapon of a police officer who may have had a relationship with one of the victims. PROCEDURAL DISMISSAL In the early morning hours of April 11, 2018, after 38-year-old Brownsville resident Robert Galvan finished cutting hair at the Mr. Flawless barbershop and having some beers at a friend’s house, he took a ride that sent him right back to state prison. The Brownsville Police Department arrested Galvan, who was on probation for a violent assault against his former girlfriend, and charged him with murder and aggravated assault with a deadly weapon for killing 54-year-old Horacio Eguia and seriously injuring 43-year-old Brian Scott during an argument over gas money in the 200 block of East 10th Street. From the moment police began interrogating Galvan, the man maintained that he acted in self defense when he used a pair of scissors from his barber kit to slash Eguia and Scott, who he claimed were the agressors. Galvan told police that the men offered to give him a ride to a residence and once at the location, demanded gas money. Galvan claims they jumped him, but Scott, who survived, told investigators
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., ALA., MISS., LA.
August 22 TEXAS:execution Texas death row inmate Larry Ray Swearingen maintains innocence until his execution A Texas death row inmate continued to maintain his innocence up until he was executed Wednesday. Larry Ray Swearingen was executed at 6:47 p.m. for the death of 19-year-old Melissa Trotter. "Lord forgive them. They don't know what they are doing," he said in his last words. Swearingen was sentenced to death in July 2000 for Trotter's abduction, rape and murder. The Montgomery College student was last seen alive on December 8, 1998. Her body was found in the Sam Houston National Forest on January 2, 1999, with a torn pair of pantyhose tied around her neck. Swearingen repeatedly challenged his conviction and sentence over the years, and his execution was postponed 5 times. Over the years, he argued that the case against him was built on circumstantial evidence and questionable forensics. Prosecutors contended that Swearingen killed Trotter after she rejected his sexual advances. Witnesses testified they saw Trotter leave campus with Swearingen on December 8, according to court documents. The state also pointed to the fact that Swearingen's wife found a lighter and a pack of cigarettes matching Trotter's preferred brand in the couple's trailer, although they did not smoke, and a detective found a pair of pantyhose in the trash outside the trailer with one leg missing. In a prepared statement his lawyer released after his death, Swearingen said he had proved his "innocence beyond any shadow of doubt," although it was not enough to stop his execution. "Today the State of Texas murdered an innocent man. Sadly, so many people have suffered from all this. Melissa's family and friends were denied the opportunity for closure. My family was torn apart," the statement said. "I want everyone to know I'm not angry about my execution. Sure I would've liked to live and go free. But I feel certain that my death can be a catalyst to change the insane legal system of Texas which could allow this to happen. I am now one of God's sacrificial lambs, and hopefully people will use my example to help keep others from experiencing this dreadful and wrongful persecution." One last appeal The week before his execution, Swearingen requested another stay based on two claims, according to court documents. He argued that the state allowed "false and misleading" trial testimony regarding blood flecks found under Trotter's fingernails. He also claimed the state knew that a criminologist had "manufactured" evidence that the torn pantyhose used to strangle Trotter matched pantyhose found at Swearingen's house. The Fifth Circuit Court of Appeals denied his request on August 16, saying the evidence he presented to support his claims was not strong enough to have made a difference to the outcome of his trial. On Wednesday night, the Supreme Court turned down Swearingen's final appeal. Swearingen nevertheless continued to maintain his innocence in an interview with the Houston Chronicle published Wednesday, and questioned if his scheduled execution would come to pass. But the slain teen's mother told the Chronicle she is still convinced of his guilt. "The overwhelming evidence is not just a coincidence," Sandy Trotter said. "There was a trial; he was found guilty, and they agreed on a sentence." (source: CNN) Today the State of Texas murdered an innocent man. Many people participated in my demise, beginning with the Montgomery County police who falsely arrested me without a warrant and particularly officer Leo Mock who planted the pantyhose in my home that was used to convict me. Harris County medical examiner Joye Carter then lied about the length of time Melissa Trotter's corpse laid in the woods. Judge Fred Edwards and the Montgomery County district attorney's office refused to give me a fair shake in legal proceedings, while the Houston Chronicle with other local media shared the same lack of fair play when it came to the court of public opinion. The Texas Criminal Court of Appeals rejected my filings without even looking at them, and finally governor Greg Abbott pulled the trigger. I also have to include myself in this accounting. Not because I had anything to do with Melissa's murder. She was my friend. But in my youth, I made a lot of stupid mistakes. When I was abducted by Montgomery County police in December 1998, I had been driving a stolen vehicle and was trying to commit insurance fraud. I was philandering with Melissa and other women instead of taking care of my wife and kids. I had been violent with both women and men. I put myself in a perfect position to be framed for murder. Sadly, so many people have suffered from all this. Melissa's family and friends were denied the opportunity for closure. My family was torn apart. My mother was ostracized and harassed to the point she had to
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., ALA., TENN.
August 9 TEXASnew execution date Local death row inmate set with execution date District Attorney Randall Sims came forward with an official execution date for the ongoing death penalty case for Travis Runnels. Runnels has been on death row for 13 years for the murder of a prison supervisor of a shoe-making shop in Amarillo’s Clements unit. Thursday, the 47th District Attorney announced the date of his execution is set for December 11, 2019. Travis Runnels Criminal History Timeline: Runnels criminal history started in 1993, where he was convicted of 2nd-degree felony of burglary. He would go on the accumulate 2 more felony charges. His 2nd felony charge of aggravated robbery included carrying a deadly weapon. He was sentenced to 70 years in prison and would be eligible for parole in 2025. His final felony charge while in prison in Amarillo would later lead to his death penalty. In 2003, Runnels was working on the cleaning staff in the Clements unit boot shop, and had disputes because he wanted to work in the prison’s barbershop. On the day of the murder, Runnels asked another inmate for his boot knife where he would later walk behind the shop’s supervisor, Stanley Wiley, and slit his throat. He was charged with murder after pleading guilty. In 2005, the charge then turned into a Capital murder conviction, and 2 days later he was sentenced with the death penalty. After many appeals were denied, on August 8th 2019, the 47th District Attorney announced Runnels execution date is set for December 11, 2019. At the news conference, NewsChannel10 asked the District Attorney why the courts decided to pursue the death penalty when many prosecutors have been shying away due to expense. “I’m not going to let expense or politics ever interfere with the decision about what I’m going to do on that. I’ve got office policies, I’ve got 5 things in it, the very first one is always do the right thing,” explained 47th District Attorney Randall C. Sims. The District Attorney also explained how inmates came forward with no reward on behalf of Wiley. “There were 8 inmates that testified against Travis Runnels and the reason they did it, I’ll sum it up as 'he’s the nicest man out there, he treated us as equals and was very nice to everybody out there, including the inmates. The inmate that gave the boot knife to Mr. Runnels, while he was the stand, he cried just nearly the whole time,” said Sims. There are 219 inmates currently on Texas’ death row. Texas, which reinstated the death penalty in 1976, has the most active execution chamber in the nation. (source: KFDA news) * Executions under Greg Abbott, Jan. 21, 2015-present43 Executions in Texas: Dec. 7, 1982present-561 Abbott#scheduled execution date-nameTx. # 44-Aug. 15Dexter Johnson--562 45-Aug. 21Larry Swearingen563 46-Sept. 4Billy Crutsinger564 47-Sept. 10---Mark Anthony Soliz--565 48-Sept. 25---Robert Sparks---566 49-Oct. 2-Stephen Barbee--567 50-Oct. 10Randy Halprin---568 51-Oct. 16Randall Mays569 52-Oct. 30Ruben Gutierrez-570 53-Nov. 6-Justen Hall-571 54-Nov. 20Rodney Reed-572 55-Dec. 11---Travis Runnels---573 (sources: TDCJ & Rick Halperin) USAimpending/scheduled executions With the execution of Marion Wilson Jr. in Georgia on June 20, the USA has now executed 1,500 condemned individuals since the death penalty was re-legalized on July 2, 1976 in the US Supreme Court Gregg v Georgia decision. Gary Gilmore was the 1st person executed, in Utah, on January 17, 1977. Below is a list of further scheduled executions as the nation continues its shameful practice of state-sponsored killings. NOTE: The list is likely to change over the coming months as new execution dates are added and possible stays of execution occur. 1501--Aug. 15-Dexter Johnson---Texas 1502---Aug. 15Stephen West-Tennessee 1503---Aug. 21Larry Swearingen-Texas 1504---Aug. 22Gary Ray Bowles--Florida 1505---Sept. 4Billy Crutsinger-Texas 1506---Sept. 10---Mark Anthony Soliz---Texas 1507---Sept 25Robert SparksTexas 1508---Oct. 1-Russell Bucklew--Missouri 1509---Oct. 2-Stephen Barbee---Texas 1510---Oct. 10Randy HalprinTexas 1511---Oct. 16Randall Mays-Texas
[Deathpenalty] death penalty news----TEXAS, PENN., GA., FLA., ALA., ARIZ., CALIF.
July 30 TEXAS: DA's Office Seeking Death Penalty Against Alleged North Side Murderer The man who is charged with shooting and burning 2 men in Northern San Angelo may get the death penalty. In the early morning of March 20 police responded to 4800 block of North Chadbourne where they found the burned body's of Jared Lohse and Jack "Chubby" Harris Jr. Preliminary autopsy reports for Lohse and Harris determined the manner of death was homicide resulting from gunshots wounds. Chadwick, who was developed as a suspect early on in the investigation, was already in custody at the Tom Green County Jail on unrelated charges when the murder complaints were signed. He has been in the Tom Green County Jail since the murder. He is charged with murder of multiple people. On July 26 District Attorney Allison Palmer made a notice of intent to seek the death penalty toward Chadwick. His initial pretrial is scheduled for August 7. (source: sanangelolive.com) PENNSYLVANIA: Former Pennsylvania Prison Superintendent Describes Toll of Working on Death Row A former Pennsylvania death-row prison superintendent says working on death row makes corrections personnel feel “less human” and “can be profoundly damaging” psychologically. Cynthia Link (pictured) served as the Superintendent of Pennsylvania’s State Correctional Institution at Graterford from 2015 to 2018, during a period in which the prison housed more than 20 of the Commonwealth’s death row prisoners. In a July 16, 2019 op-ed for Penn Live, Link describes the psychological toll that corrections officers face when working on death row. She explains the challenging nature of working with condemned prisoners even in a state such as Pennsylvania, which has not carried out an execution in 20 years. “Few outside of my profession realize how difficult capital punishment is for the staff; even when executions are not being carried out, housing death row prisoners can be profoundly damaging,” she writes. Enforcing the “inhumane” conditions on death row causes extreme stress and prevents corrections officers from doing the jobs they were trained to do. “Politics, policy and post order often kept us from providing professionally prudent care,” Link says. “Death row was designed to provide temporary housing prior to an execution,” Link says, “but today’s death-sentenced prisoners live inhumanely for many years or decades while staff struggle to help them survive their ‘temporary’ stay.” In an effort to protect corrections officers, Pennsylvania limits them to two year “tours of duty” working on death row and monitors them for mental health problems. Despite those efforts, the stress of the assignment has serious effects on officers. Link explains: “Some officers indulge in alcohol, drugs or other dangerous behaviors to find relief. Some isolate and leave their families. Some have even taken their own lives when it becomes too overwhelming. The stress on death row staff is seldom-discussed but undeniably real. Each tour of duty on death row makes you feel less human.” At its peak, more than 250 prisoners were incarcerated in Pennsylvania’s three death-row facilities. Most eventually had their convictions or death sentences overturned in the courts after spending years in solitary confinement, where they had no contact visits with their lawyers and family members, yet were subject to strip searches each time they left their cells. The prisoners were eventually transferred from the old Graterford Prison (pictured, below) to a new modern supermax facility less than a mile away. Link draws a parallel between the outdated, crumbling building in which death-sentenced prisoners had been held, and the death penalty itself as a policy “relic.” “Prisons eventually outlive their usefulness and turn into relics of an unfamiliar past. Maybe the death penalty is a relic that can also be replaced. I know that doing so would remove a huge burden from the lives of corrections staff.” She urges Pennsylvania’s government to consider prison workers as they make decisions about capital punishment. “As government officials in Harrisburg contemplate what to do about the death penalty, I urge them to factor in the human toll it takes on Pennsylvania’s corrections profession. Death sentences punish them, too.” Numerous corrections officers have spoken about the difficulty of working on death row and carrying out executions. In 2017, a group of correctional officials from around the U.S. warned Arkansas about the extreme impact of the state’s proposal to execute eight people in 11 days. Former Georgia warden Allen Ault has been an outspoken critic of capital punishment, sharing stories of his own experiences conducting executions. Frank Thompson, who held high-ranking positions in prisons in Oregon and Arkansas, wrote, “Many of us who have taken part in this process [of executions] live with nightmares,
[Deathpenalty] death penalty news----TEXAS, PENN., ALA., TENN., MO., CALIF., USA
July 17 TEXAS: Execution Alert -- Call to Action for Larry Swearingen Larry Swearingen is scheduled to be murdered by the State of Texas on August 21st, 2019. Larry Swearingen was sentenced to death although no biological material recovered from the scene contained any conclusive link. Always protesting innocence, Larry Swearingen is now facing his 6th execution date. Actions: * Texas residents, please send a letter to Governor Greg Abbott telling him to STOP this execution via the 'Speak Out' page on the NCADP website * Contact Texas Governor Greg Abbott by phone at: 512-463-2000, by email via this link, or by tweet @GregAbbott_TX If you prefer to send a letter, here is the mailing address: Office of the Governor, State Insurance Building, 1100 San Jacinto, Austin, TX 78701 * If you live in Texas, write a letter to the editor of your local newspaper. * Please share this information with your friends, especially those in Texas, and ask them to help STOP the execution of Mr. Swearingen by taking one of the actions listed above. In addition, here is a link to some general talking points to help you in your advocacy efforts, as well as a recent news article that talks about the decline in support the death penalty is receiving. Lastly, take a listen to 'Power Corrupts' the new podcast from political scientist and Washington Post columnist Brian Klaas. The episode 'An Eye for an Eye' explores Nick Yarris, who spent 22 years on death row, but right before scheduled execution DNA evidence set him free. NCADP's Gregory Joseph joins this episode to explore questions of whether a just society can execute people, racial bias and the arbitrary nature of death sentences. Please check the NCADP website in the days to come to stay informed of any new developments in this case. National Coalition to Abolish the Death Penalty www.ncadp.org NCADP 80 M St, SE, c/o WeWork, Washington, DC 20036 www.ncadp.org (source: NCADP) * Former statewide judge leaves GOP, citing Trump’s racism Citing what she called President Donald Trump’s racist ideology, Elsa Alcala, a retired Republican judge on the state’s highest criminal court, announced on Facebook that she can no longer support the GOP and has left the party. “It has taken me years to say this publicly but here I go. President Trump is the worst president in the history of this country,” Alcala wrote Monday. “Even accepting that Trump has had some successes — and I believe these are few — at his core, his ideology is racism. To me, nothing positive about him could absolve him of his rotten core.” Appointed to the Texas Court of Criminal Appeals by Gov. Rick Perry in 2011, Alcala spent 20 years as a GOP judge, also serving in a trial court and intermediate appeals court. She was one of two Latinas to serve in recent years on the state’s two highest courts, the other being Justice Eva Guzman, currently on the Texas Supreme Court. Alcala left the criminal court at the end of 2018. Alcala said Trump’s behavior, including a recent tweet suggesting that four Democratic congresswomen of color should “go back” to the countries they came from, combined with state and national Republican Party support for the president, weighed on her conscience. “Every day with the Republican Party seemed worse than the day before. Trump speaks about brown people like me as lesser beings,” Alcala told the American-Statesman on Tuesday. “It’s cliche to say, but the Republican Party left me.” Trump, Alcala said, seeks to exclude “people who look like me.” “I thought that maybe Texas state politics at the Legislature might be better than the national Republican politics, but it was more of the same,” she said. James Dickey, chairman of the Republican Party of Texas, issued a statement thanking Alcala for her service. “We are sorry that she has chosen to no longer support the party that supported her, her colleagues and her successors,” Dickey said, adding that the booming Texas and national economies prove that Republican policies work. “Democrats are promoting extremist schemes with the inevitable tragic consequences that have destroyed every socialist economy ever put into place. We encourage every Texan to ensure a bright future and greater opportunity for all by continuing to vote for Republican leadership,” Dickey said. During her time on the Court of Criminal Appeals, Alcala made news with a 2016 opinion that said it was time for a closer look at the constitutional issues behind the death penalty. Although she expressed no opinion on whether the death penalty was constitutional, Alcala said that several death row inmates have raised compelling arguments that the court should address, including whether confinement in a 60-square-foot cell was cruel or whether the death penalty is unconstitutional because it disproportionately affects minorities. On Facebook, Alcala said she
[Deathpenalty] death penalty news----TEXAS, PENN., KY., KAN., N.MEX., ARIZ., NEV., USA
July 16 TEXAS: State files a motion to set Rodney Reed’s execution for November The state has filed a motion to schedule an execution date for death-row inmate Rodney Reed, calling for him to be put to death on Nov. 20, 2019. Reed’s attorney, Bryce Benjet, then filed a motion of his own Monday afternoon opposing the state and asking a Bastrop District Court judge to dismiss or strike the state’s request to schedule the execution. Benjet argues the state has retaliated against Reed and his family for exercising their First Amendment rights. He also argues that the state falsely implied the execution date would not interfere with litigation in the case. “The timing of the filing alone presents strong circumstantial evidence that the motion was filed in response to Mr. Reed and his family’s exercise of First Amendment rights, and not in a legitimate effort to enforce the judgment in this case,” Benjet wrote in the motion. His family members were joined by anti-death penalty activists to protest on the steps of the U.S. Supreme Court after the Texas Court of Criminal Appeals denied his most recent appeal. Reed’s family believes he was wrongfully convicted and intended to plead with the Supreme Court to overturn his conviction. “Being black and considered poor, they didn’t anticipate on us being in Washington,” said Sandra Reed, Rodney’s mother. The state’s motion asks the court to deny Reed a hearing. If the court does allow Reed a hearing, the state asks that it happen as soon as possible because the order would need to be entered by Aug. 21, 2019, in order to set Reed’s execution on Nov. 20. Reed’s legal team has fought for years to overturn Reed’s conviction and get him a new trial. He was scheduled to be put to death in March 2015, but the execution was paused just days beforehand. He was first sentenced to death in May of 1998. “This trial has been a Jim Crow trial from the beginning, from the very beginning and we are outraged by that,” said Roderick Reed, Rodney’s brother. Reed was convicted of killing Stacey Stites and dumping her body on a rural Bastrop County road in 1996. DNA from the Stites case matched Reed, but Reed said he had a consensual and secretive relationship with her. Stites was set to marry Jimmy Fennell, a Georgetown police officer, at the time of her murder. Fennell was later sentenced to 10 years in prison for an unrelated crime. He was accused of raping a woman in his custody but pleaded guilty to lesser charges. Reed’s attorney believes new evidence shows Fennell was the actual killer. Reed’s case has garnered national attention as his defense team — led by Benjet — has uncovered new evidence, found new witnesses and cast doubt on the state’s case and critical forensic evidence used at trial. Reed had applied for relief from his 1997 murder conviction on the grounds that scientific expert opinions used at trial were false and have since changed. But on June 26, the Court of Criminal Appeals dismissed that application for relief. The appeals court also denied Reed relief he sought in 2017 that included new testimony and evidence the defense presented. Reed has unsuccessfully pushed to get pieces of evidence tested for DNA, including the belt used to strangle Stites. “Our family has done nothing but asked for a fair trial from the beginning, to present all the evidence from the beginning,” Roderick Reed said. (source: KXAN news) * "I'm not sorry": A quarter century later, Eddie Bernice Johnson stands by her crime bill voteJohnson is the only Texan remaining in Congress who voted for the bill, which has become deeply unpopular among Democrats and is a contentious issue in the 2020 presidential primary. On the afternoon of August 18, 1994, Eddie Bernice Johnson, a barrier-breaking freshman congresswoman from Dallas, stood on the floor of the U.S. House of Representatives and stumped for the most infamous legislation of that decade. “Every day, most of the headlines have to do with crime,” she said, describing a desperate state of affairs in her home district. “School has been open less than two weeks now and already teachers have had guns in their faces. They found a gun arsenal underside of the building. It is overwhelming, but we must do something about it." Johnson was slated to speak that morning about health care, but she held off for 10 minutes to weigh in on President Bill Clinton's crime bill, which looked to be in jeopardy despite Democratic control of both chambers of Congress. "I cannot understand why there is so much opposition and so much rhetoric and so much demagoguery surrounding the bill that will address these issues," she said. 3 days after Johnson's speech, the Violent Crime and Law Enforcement Act — better known today as the 1994 crime bill — passed the House. The next month, Clinton signed it into law. 2 1/2 decades later, Clinton’s
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., FLA., OHIO, TENN., NEB., N.MEX., UTAH, ARIZ., USA
July 11 TEXAS: San Antonio man facing death row in killing of 2 teens in 2015 takes plea A San Antonio man facing death in the killings of two teenagers in 2015 entered a guilty plea Wednesday and was sentenced to life in prison without the possibility of parole. It was about a year ago that proceedings in Brian Flores’ capital murder case ended in a mistrial because one of his lawyers was injured in a fall. The incident called into question whether the lawyer would be able to finish selecting a jury, which in death cases can take up to a month to seat. Flores was 33 and already in jail on 2 other charges when he was arrested and charged with capital murder-multiple persons in the deaths of Joshua Rodriguez, 18, and Victoria Dennis, 17. The homicides occurred at the Churchill Park complex in the 1200 block of Patricia Drive on the North Side on Sept. 29, 2015. (source: mysanantonio.com) PENNSYLVANIA: DA to seek death penalty in child stabbing Lawrence County's district attorney said he intends to pursue the death penalty against Keith L. Burley Jr., who was arrested in Monday night's stabbing death of an 8-year-old boy in Union Township. Burley was apprehended Tuesday morning in Youngstown following the fatal stabbing of Mark Edward Mason. The homicide took place in the presence of three other boys who were inside the house on High Street where the attack occurred. The other boys witnessed the stabbing but escaped the house. "I can't get into specific details," Josh Lamancusa said Wednesday, "but I can share that this little boy died a hero, saving his brother and the other children in the house." Lawrence County Deputy Coroner Rich Johnson, who attended the autopsy at Heritage Valley Health System in Beaver County, determined that Mark Mason died of multiple stab wounds to the neck, and that the manner of death was homicide. Johnson would not say how many times the child had been stabbed, only that the information would be released at later court proceedings once Burley is brought to Lawrence County to face the charges. An angry Lamancusa said that he has contacted the governor's office, demanding to know why Burley was released from state prison a couple of months ago after serving only the minimum sentence of a previous homicide conviction, when he also has a trail of convictions of other violent crimes, some involving guns. Burley also has a conviction for having stabbed an inmate in the neck in the Lawrence County jail in 2002. Burley had been released on parole from the March 19,1999, robbery shooting death of 36-year-old Randall Stewart in the Halco Drive area. According to a 1999 police report provided by New Castle police chief Bobby Salem, Burley initially faced 90 different charges in the Stewart shooting, including homicide and robbery, but he entered a guilty plea to 1 count each of 3rd-degree murder and having a gun without a license. He was sentenced to 20 to 40 years in a state correctional institution as a result. "The (state) parole board released a guy who is a repeat violent and dangerous offender," Lamancusa said. "That is ridiculous. I can't imagine what the parole board was considering when they released him at the minimum. I find it hard to believe anyone could have looked at his past record and determined that he's not a threat or danger to the community. "Now we have the confirmation of the depth of his depravity, sadly." "I will be pursuing the death penalty," Lamancusa declared of the Monday stabbing. "It's a horrific case. To do so, he will have to sign a notice of aggravated circumstances and file it in the courts. The notice will set forth the reasons, including the aggravated circumstances, to justify it. "I think Burley meets several of the requirements," Lamancusa said. Burley remains in the Mahoning County jail, awaiting an extradition hearing that is scheduled for Thursday. It was unknown Wednesday when he would be returned to Lawrence County to face his charges. According to a criminal complaint and reports from authorities, Burley had gotten into an argument that turned physical with his alleged girlfriend in the parking lot of the New Castle Fire Department on Monday night. He allegedly assaulted and injured the woman, and she was taken to the hospital for treatment. In the course of their argument, he is accused of getting into her vehicle where her 2 sons — Mark Mason and his 7-year-old brother — were waiting, and driving off with them to the house at 60 High St., which was the home of another acquaintance. 2 other boys, ages 15 and 8, were upstairs playing video games when they heard someone entering downstairs, the complaint states, about half an hour after the dispute at the fire station. The boys went downstairs to see who was there and Burley was there with the two boys and was holding a gun, according to the account they gave the state police.
[Deathpenalty] death penalty news----TEXAS, PENN., S.C., GA., FLA., ALA., LA.
May 14 TEXAS: The DissenterTexas’ highest criminal court turned Elsa Alcala into one of the state’s most prominent death penalty critics. Elsa Alcala began her legal career in the Harris County DA’s office, joining a prosecutorial machine famous for cranking out death sentences. 3 decades later, she’s a prominent critic of the death penalty. Alcala, a Republican, says serving as an appellate court judge opened her eyes to systemic inequities in the criminal justice system. During her 7 years on the Court of Criminal Appeals, Texas’ highest criminal court, she became known for lengthy dissents that challenged other judges, particularly in high-stakes appeals from death row. In one 2016 dissent, she questioned whether the death penalty in Texas is even constitutional. And in one of her final opinions last year, Alcala broke from a majority ruling that would have allowed for the execution of a mentally disabled man. Alcala, who chose not to run for re-election last year, has spent this legislative session lobbying for death penalty reforms at the Capitol on behalf of Texas Defender Service, a nonprofit that represents capital defendants. She spoke with the Observer about her evolution from a prosecutor seeking death sentences to one of the most prominent voices questioning capital punishment in Texas. Your career unfolded alongside some big changes in the criminal justice system. How did your thinking evolve over time? I started out as a prosecutor under [former Harris County District Attorney] Johnny Holmes in ’89. It was basically pre-DNA, so back then the gold standard was an eyewitness. If you had an eyewitness, you thought, ‘Wow, we’ve got a rock-solid case.’ The hard cases were the circumstantial evidence cases. It sounds so simplistic today, but that’s where we started. During the [job] interview they asked, ‘How do you feel about the death penalty?’ I said I was against it, they asked me why, and I didn’t really know, so I just answered what the law school professors had told me: that it didn’t make fiscal sense. That seemed to satisfy them that I wasn’t just some bleeding-heart liberal. I remember one of the senior lawyers said something like, ‘We’ll see what you think in 5 years.’ I started off handling misdemeanors, little bitty property crimes and speeding cases, but within five years I was trying murder cases. I tried three death penalty cases, and I got the death penalty on two of them. One was Eddie Capetillo, who was 17 years old at the time of the crime. I have kids now who are 19 and 16 years old. The thought of using the death penalty on somebody that young is just horrific to me now, but I wasn’t really thinking about it from that point of view then. Back then I was looking at the cases really only from the point of view of the victims. One was a 9-year-old girl shot between the eyes. There was a 7-year-old boy killed in the same incident. Just horrible crimes. I really wasn’t thinking about the defendant beyond the technical analysis — did he intend to commit the crime, what are the mitigating factors, is he a future danger? So you didn’t start thinking differently about the system until your time as a judge? After 9 years at the DA’s office I became a trial judge for 3 1/2 years. Then I went on to the court of appeals for nine years. It was just general jurisdiction, which was probably the best thing that ever happened to me, because I was exposed to civil law and some of the brightest civil lawyers around. You’d see drug-addicted parents, kids removed to go live with grandparents, things like that. So I’m starting to get a bigger picture. By the time I ended up on the Court of Criminal Appeals, I’d been away from the death penalty for almost a decade, so I feel like I was looking at the issue with fresh eyes. Over time, I started forming the opinion that, generically speaking, we have all these laws out there and they sort of give us this illusion of justice, but in many cases, justice wasn’t really happening. Were you surprised to find yourself developing a reputation as a voice of dissent? In some ways Texas has been very progressive on criminal justice matters, from a junk science commission to expanding the appointment of counsel. But those are things that have occurred outside of the courts. For whatever reason, I think there’s just a lot of entrenchment on the courts. Some people have been there for way too long. After enough time, I kept thinking, “If I stay, what am I going to become?” You’ve called yourself a “Republican hanging on by a thread.” What does that mean? I was Republican long before Trump was, but somehow he came along and changed everything. I don’t feel included in that. I can’t join that kind of negativity and hatred. I am not an us-versus-them kind of person. We’re all in this together, whether we’re talking about the person on death row or the immigrant at
[Deathpenalty] death penalty news----TEXAS, PENN., VA., S.C., ALA., LA., TENN., MO., CALIF., USA
May 12 TEXAS: Shooting suspect's girlfriend arrested in slaying of El Paso County Deputy Peter Herrera The girlfriend of the man charged in the shooting death of El Paso County sheriff's Deputy Peter Herrera also has been arrested and charged in his slaying, officials announced Saturday. Arlene Piña, 20, was charged with capital murder of a peace officer and was booked Saturday into the El Paso County Jail on a $1 million bond. Piña was the passenger in the convertible BMW 3325i that was stopped by Herrera at about 1:50 a.m. March 22, officials said. He was shot during that traffic stop, officials say. Herrera was taken to a hospital, where he died two days later. The shooting suspect, Facundo Chavez, was arrested shortly afterward. "At the time (of the shooting), we released the passenger, because we were not sure of her involvement in the case," Sheriff Richard Wiles said at a news conference Saturday at the El Paso County Jail. "However, after some really great detective work by our supervisors and detectives out of our Crimes Against Persons section, we were able to establish and believe that that female was actively involved — even though she didn't pull the trigger — in the death of Deputy Herrera." Wiles said a warrant was issued Friday and Piña was arrested at 2:30 p.m. Saturday at a home in San Elizario and was booked into the El Paso County Jail. Wiles said the investigation and arrest took a while because authorities had to clean up audio that was recorded by the police camera and the deputy's body camera and also get into her cellphone records. "The key parts rest again in the video and audio of the body cam and the camera in the patrol vehicle. Even though at some point the individual leaves the video portion, you can still hear the audio portion," Wiles said. A complaint affidavit supplemental report states that Herrera told Chavez to exit the car. Immediately after getting out, Chavez shot at Herrera5 times at point-blank range, the supplemental report alleges. After getting out, it says that Chavez can be heard beating Herrera. Piña then gets out and says in Spanish, "Beat that (expletive)," it states. The supplemental report states that after several minutes, the 2 run back to the car and attempt to flee, but the vehicle stalls. Video shows Chavez get out and run, then Piña follows him, it states. At 2:49 a.m., with the help of Border Patrol agents, the 2 were found hiding in a shed in San Elizario, the report states. They were taken to the El Paso County Sheriff's Office Major Crimes Unit at 3850 Justice Drive in far East El Paso to be interviewed. The supplemental report states that after being read her Miranda rights, Piña claimed a third person was involved and blamed the shooting on that person. She also claimed that person assaulted her as she was dragged to the shed, then slapped her cellphone out of her hand as she tried to call 911, then took the phone. After being told the video didn't support her story, Piña admitted she was lying and blamed the shooting on her boyfriend, Chavez, the report says. She said she saw him take a clip from the shift area of the car and insert it into a gun, which he then put in his waistband. She said he said he was going to shoot the deputy, the report states. Funeral services were held for Sheriff's Deputy Peter Herrera Friday. His procession lasted nearly an hour. Mark R Lambie, El Paso Times The affidavit supplemental report says that as Chavez was being booked into the El Paso County Jail in Downtown, he said he wanted to speak with Major Crimes Unit investigators. After being taken there, he was read his Miranda rights. According to the affidavit, he told investigators that he shot Herrera because he was a felon in possession of a handgun and had an extended clip with 30 rounds. He also said that as Herrera approached, Piña grabbed his leg and said that he was the "cop" who had been harassing her. According to the supplemental report, Herrera previously had met Piña on March 12, when he was dispatched at 2:07 a.m. to help a woman retrieve a car from Piña. The affidavit says that during that interaction, Piña gave Herrera information that her boyfriend, Chavez, was dealing drugs. The report states that in a jail telephone call recorded April 12, Chavez said Piña was part of the crime, saying he had told her to leave but she decided to stay. He said during the assault, she tried to take Herrera's gun, the report alleges. It states dried blood on Piña's hands support Chavez's account. The report states a forensic examination of Pina's cellphone and her cellphone call records showed she did not call 911 as she claimed in her interview, but she did make 8 phone calls and sent 2 texts. The records indicate she was trying to get a family member to help her and Chavez escape, including sending a "pin drop" to show where the 2 were hiding before they
[Deathpenalty] death penalty news----TEXAS, PENN., S.C., NEB., CALIF.
April 29 TEXAS: Buddhist Inmate Ready To Die As Court Considers Limits Of Religious Freedom In Texas When the state of Texas tried to execute Patrick Murphy on March 28, the U.S. Supreme Court stepped in. The high court ruled that the execution was unconstitutional. But it wasn't because of any concerns about due process or the morality of the state taking a life. The issue was religious freedom. On the day of the execution, Murphy said he was ready to die. “Because ... when I went into the death house, I was fully prepared for death. Okay. I was mentally, emotionally and spiritually prepared to die.” Murphy was sent to death row for his role in the Texas Seven escape. In 2000, the group of Texas inmates managed to slip out of a maximum state prison. While on the run they committed numerous robberies, and on Christmas Eve they killed Irving Police Officer Aubry Hawkins as they stole guns from a sporting goods store. Murphy said he did not participate in the killing of Hawkins. Nevertheless, he was sentenced to die. But when the appointed hour of his execution came and went, he was still alive and sitting in the death house cell. He figured something was happening. “Well, I knew that we were still waiting on ... the courts because ... they won't actually take us into the death chamber until all your legal actions are finished.” He sat waiting for 2 hours until ... “The assistant warden walked in, came through the door," Murphy said, "and said I had a stay.” He remembered how the warden delivered the news in a straightforward business-like manner. “My first reaction was that I, I kind of covered my face with my hands ... [and] I said, 'oh, thank you.' ... I did weep a little bit. And then ... after that, my emotional state was pretty much turmoil. You know, I was kind of in shock. Yeah. Because I really wasn't expecting it.” Few were expecting the Supreme Court to hit pause on the execution. All the more surprising was the reasoning for the stay; religious freedom. Murphy is a Buddhist, and he requested that a Buddhist spiritual advisor accompany him in the death chamber. It’s a request that Texas routinely accommodates for Christian and Muslim inmates. Traditionally those religious advisors, who are employees of the prison system, stand at the foot of the execution gurney. After the prisoner is strapped in, they place a hand on his leg and silently pray as the lethal injection is delivered. Murphy said, as a Buddhist, having a spiritual guide present at that final moment is critical. “We believe that at the time of death, if we can focus our attention, our meditative, that focus on the Buddha," he explained, "it will help us transition to our next life." The Texas Prison system said because Murphy’s Buddhist advisor isn’t a prison employee, they turned him down. The Supreme Court said that was unconstitutional. But what was unusual about that is a similar case went before the Supreme Court just the month before and with a different outcome. Dominique Ray asked for a Muslim adviser for his execution in Alabama. The state turned him down, and the Supreme Court did not object. Ray was put to death. Murphy says he is ready to die. Robert Dunham is the director of the Death Penalty Information Center. I don't think there's any way that you can look at Dominique Ray's case and Patrick Murphy's case," he said, "and see one execution go forward and one execution not go forward ... and say that there's anything but inconsistent judgements by the court of the issues that were presented in the two cases were legally identical.” He added that this inconsistency has opened the Supreme Court to harsh criticism about how it handles death row appeals and the court’s overall attitude about the death penalty – including another recent decision that ruled there is no right to a painless execution. “I think what we're seeing is in particular hostility to method of execution challenges that death row prisoners are bringing," he said, "but that's part of a general hostility to all the litigation that the court is seeing that they had been asking for stays of execution.” In the Patrick Murphy stay the Supreme Court ruled that for Texas to comply with the Constitution, it needed to allow all religions or none of them. So the Texas prison system has now banned all religious advisors from the death chamber. Murphy said he found that decision cruel and reactionary, and that Texas could do better than that. “Texas more or less prides itself as being part of the Bible belt and being very, very religious state,” he said. Murphy’s stay did not stop Texas from executing others. In mid-April 2019, John William King was put to death for his role in the notorious dragging death of James Byrd Jr. According to the Texas prison system, King did not request a religious advisor during his execution. And that was troubling to Father Ronald
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., S.C., GA., ALA.
April 27 TEXASMichigan female may face death penalty Muskegon woman could face death penalty if convicted of 2 Texas murders A Muskegon woman faces the death penalty if convicted of 2 murders in Texas for which her boyfriend, a mixed-martial arts fighter, also is charged. Maya Renee Maxwell, 26, has been indicted by a grand jury in Bell County, Texas, for capital murder of multiple persons and tampering with physical evidence, which was the car belonging to 1 of the victims. She is charged in connection with the murders of Jenna Scott and Michael Swearingin, who investigators believe were killed in Killeen, Texas, and buried in Oklahoma, according to arrest warrant affidavits. Cedric Joseph Marks, 44, also has been indicted for capital murder of multiple persons in the deaths of Scott, 28, and Swearingen, 32. It’s alleged that the 2 were killed Jan. 3, 2019, and were reported missing Jan. 4, 2019, according to arrest affidavits obtained by MLive/Muskegon Chronicle. Marks’ wife, Ginell McDonough of Muskegon, has been charged in Muskegon County District Court with harboring fugitives – Marks and Maxwell -- and lying to investigators. Women charged with destroying evidence, harboring Texas burglary suspect 2 women appeared in Muskegon County district court Wednesday on charges of obstructing justice, tampering with evidence and harboring a fugitive who is believed to be the ex-boyfriend of a missing Texas woman. Indictments against Maxwell and Marks say they caused Swearingin’s death by “strangulation” and “asphyxiation” and also killed Scott by “homicidal violence” at about the same time. Scott and Marks reportedly were in a prior dating relationship. An affidavit for Marks’ arrest indicates that Maxwell told detectives that Scott and Swearingin were killed by Marks at a home in Killeen to which they had been taken, on Jan. 3. Maxwell told police she heard sounds of struggles after Marks entered separate rooms where Swearingin and Scott were “located,” the affidavit states. When he left each of the rooms, the victims were deceased, the affidavit states. Maxwell told detectives that the bodies of Scott and Swearingin were buried in Oklahoma, and police later located them at the spot she had described, the affidavit says. “Maxwell also admitted that she was present before and after the deaths of Jenna Scott and Michael Swearingin and was present at the transport and burial of the bodies,” the affidavit states. Maxwell’s arrest affidavit states that Swearingen and Scott were reported missing Jan. 4 and were last seen at Swearingin’s home. The next day, Swearingin’s car was found in Austin, Texas, and the investigation led to Maxwell who admitted she was involved with the transport of the vehicle to conceal it from law enforcement, according to her arrest affidavit. Maxwell told police Marks also was involved in moving Swearingin’s car, and he too is charged with tampering with physical evidence, affidavits and grand jury indictments show. Marks escaped on Feb. 3 from a private prisoner transport van that was taking him from Kent County to face double-murder charges in Texas. He escaped when the van stopped at a McDonald’s restaurant in Conroe, Texas, and was found nine hours later hiding in a trash can. Cedric Joseph Marks, a suspect in 3 murders, was found 9 hours after he escaped a private transport van. It’s alleged that McDonough, 37, allowed Marks and Maxwell to stay with her from Jan. 5-8 after they returned from Texas. Marks also was at McDonough’s home before he left with Maxwell on Jan. 1 for Texas, Muskegon County Prosecutor’s Chief Trial Attorney Matt Roberts said earlier. Investigators found a suitcase with Marks’ papers and an assault rifle “concealed” at McDonough’s U.S. Army Reserve Office in Muskegon, Roberts said. McDonough is a sergeant with the U.S. Army, according to her attorney. Marks and Maxwell were arrested Jan. 8 in Grandville. A mixed martial arts fighter who used the nickname “Spiderman,” Marks reportedly trained at a Muskegon area gym and also taught self-defense classes to women. (source: mlive.com) * James Byrd’s Killer Didn’t Deserve the Death Penalty Killing is wrong. Killing Black people because they are Black is even more wrong. Lynching Black people is exponentially wrong. So why was I opposed to the state-imposed killing of John William King, the despicable murderer of James Byrd, Jr.? I happen to think that there are worse things that can happen to you than death. The now 44-year old King could have gotten a sentence of life in prison and lived miserably there for the rest of his life. In some ways, death is salvation for him. Imagine being relatively healthy with nothing to look forward to? Just sitting there, in jail, surrounded by the Black people your White supremacist self purports to hate. That might be torture worse than death. James Byrd,
[Deathpenalty] death penalty news----TEXAS, PENN., ARK., ARIZ., USA
April 21 TEXAS: Executions under Greg Abbott, Jan. 21, 2015-present42 Executions in Texas: Dec. 7, 1982present-560 Abbott#scheduled execution date-nameTx. # 43-Apr. 24John King---561 44-May 2--Dexter Johnson--562 45-Aug. 21Larry Swearingen563 46-Sept. 4Billy Crutsinger564 (sources: TDCJ & Rick Halperin) USAcountdown to nation's 1500th execution With the execution of Billie Wayne Coble in Texas on February 28, the USA has now executed 1,493 condemned individuals since the death penalty was relegalized on July 2, 1976 in the US Supreme Court Gregg v Georgia decision. Gary Gilmore was the 1st person executed, in Utah, on January 17, 1977. Below is a list of scheduled executions as the nation approaches a terrible milestone of 1500 executions in the modern era. NOTE: The list is likely to change over the coming months as new execution dates are added and possible stays of execution occur. 1494---Apr. 24John King--Texas 1495---May 2--Scotty Morrow--Georgia 1496---May 2--Dexter JohnsonTexas 1497---May 16-Donnie Johnson---Tennessee 1498---Aug. 15Stephen West-Tennessee 1499---Aug. 21Larry Swearingen-Texas 1500---Sept. 4Billy Crutsinger-Texas 1501--Sept. 12Warren Henness---Ohio (source: Rick Halperin) PENNSYLVANIA: Why Philly’s Reformist Prosecutor Finally Supports Letting Mumia Abu-Jamal’s Appeal Go Forward Mumia Abu-Jamal’s long struggle for freedom and justice gained crucial ground this week. The former Black Panther, activist, and journalist will get a new hearing to appeal his conviction for the 1981 killing of a Philadelphia police officer. On Wednesday, Philadelphia District Attorney Larry Krasner dropped his opposition to the appeal, opening a potential — though far from assured — avenue to freedom for Abu-Jamal, an outcome that had previously seemed impossible. In January, Krasner’s office decided to fight Abu-Jamal’s appeal. He told The Intercept at the time that the move was “a narrow, technical decision in one sense, but incredibly complex and nuanced and affects many other cases.” The latest shift is a welcome one, not least because Abu-Jamal’s grounds for new appeals certainly go beyond the technical. Larry Krasner dropped his opposition to the appeal, opening a potential avenue to freedom for Abu-Jamal, an outcome that had previously seemed impossible. The reasons for the defense’s new appeal relates to a recusal issue. Former Pennsylvania Chief Justice Ronald Castille had been Philadelphia’s district attorney as Abu-Jamal initially tried to overcome his conviction. Then Castille, who supports the death penalty and has ties to police unions, heard Abu-Jamal’s case between the years of 1998 to 2012 as chief justice. Abu-Jamal’s attorneys argued that Castille should have recused himself from presiding as a judge over a case he had previously played the prosecutor’s role in. The specifics aside, the mere fact that Abu-Jamal will be able to argue his appeal again in the Pennsylvania Supreme Court is, at the very least, a tacit recognition that his treatment by the criminal justice system was colored by bias and an ideology of deference to the police. “District Attorney Larry Krasner did the right thing when he withdrew his office’s appeal in Mumia Abu-Jamal’s case,” the Amistad Law Project, a Pennsylvania-based prisoner advocacy and prison abolitionist organization, wrote in a statement. “This shows commitment to individualized justice.” As The Intercept reported last year, Krasner’s decision to block Abu-Jamal’s appeal effort drew fierce criticism from criminal justice advocates who had high hopes in the district attorney’s promise to radically reform his office. Before taking on the role, Krasner had sued the Philadelphia Police Department for abuses 75 times; as the city’s prosecutor, he recommended parole for former MOVE members. Yet in blocking Abu-Jamal’s appeal, he appeared to side with police interests, earning the ire of activists, raising questions about whether there could truly be a “progressive prosecutor” at a time when prosecutors around the country are winning elections on strong reformist platforms. Abu-Jamal, now 64, was sentenced to death in a 1982 trial for the killing of Daniel Faulkner, a police officer. His death sentence was commuted to life in prison in 2011, but the fight to overturn his conviction continues to draw international support. “Free Mumia!” has for decades been a rallying cry for justice against a racist criminal justice system. The original case was
[Deathpenalty] death penalty news----TEXAS, PENN., GA., FLA., ARIZ., CALIF., WASH.
April 18 TEXASimpending execution Death Watch: King Set to Die for James Byrd LynchingLast-minute appeal seeks new trial as King maintains his innocence Only 2 of 2019's 5 (so far) scheduled executions have taken place; the Texas Court of Criminal Appeals granted Mark Robertson a stay on April 8 – 3 days before his execution date – "pending further order." Robertson's last appeal alleges his trial counsel purposely excluded black jurors for fear they wouldn't be sympathetic to the white defendant. And John King, sentenced to die for the infamous murder of James Byrd Jr. in 1998, now hopes to be the next inmate spared – if only temporarily – by the courts. Byrd's modern-day lynching led to Texas' James Byrd Jr. Hate Crimes Act, signed into law in 2001 by Gov. Rick Perry, which controversially (at the time) included not only race but "sexual preference" in its protected classes. And in 2009, Barack Obama signed the federal Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. King's friend Lawrence Brewer was executed in 2011; the 3rd man convicted of Byrd's murder, Shawn Berry, will reportedly be eligible for parole in 2038. With his execution set for Wednesday, April 24, King's counsel filed appeals on April 10 at the CCA and at state district court in Jasper, where the crime took place, which reaffirm his longstanding claim that he got out of Berry's truck before Byrd was notoriously dragged behind it to his death. King says he told his original counsel he wanted to present this claim at trial and attempted to replace them when they refused and eventually conceded his guilt; his appeal cites the U.S. Supreme Court's 2018 ruling (in McCoy v. Louisiana) that defendants have a Sixth Amendment right to insist counsel maintain innocence at trial, as well as a similar ruling by the CCA, and asks for a completely new trial. On March 20, King also filed a petition for clemency with the Texas Board of Pardons and Paroles, which also insists he was not present for Byrd's murder and cites Brewer's reported statement that he had been pressured to frame King rather than Berry because of King's criminal record and affiliation with white-supremacist prison gangs. (Brewer did not testify at King's trial.) If no stay is granted, King will be the 3rd Texas execution this year, and the 561st inmate killed since the death penalty was reinstated in 1976. (source: Austin Chronicle) PENNSYLVANIA: Mumia Abu-Jamal gets new hearing in 1981 police death A former Black Panther and death row activist convicted of killing a Philadelphia police officer decades ago will get a new appeals hearing after the city prosecutor on Wednesday dropped his opposition to it. Mumia Abu-Jamal, 64, is serving a life sentence after spending decades on death row in the 1981 slaying of Officer Daniel Faulkner, who had pulled his brother over in an overnight traffic stop. Abu-Jamal, who was shot during the encounter, was largely tried in absentia at his 1982 capital murder trial, after being removed over his repeated objections and efforts to serve as his own lawyer. A former radio journalist, Abu-Jamal's prison writings made him a popular cause among death penalty opponents worldwide -- and a foe of police unions and the slain officer's widow. The attention to his case quieted after his death sentence was set aside over flawed jury instructions in 2011, and his appeals appeared exhausted. However, in December, Philadelphia Common Pleas Judge Leon Tucker granted Abu-Jamal a new chance to argue his initial appeal after the U.S. Supreme Court said a former Pennsylvania Supreme Court justice had improperly heard a murder case he had overseen as Philadelphia district attorney. The justice, Ronald Castille, had done the same in Abu-Jamal's case. District Attorney Larry Krasner initially fought Tucker's order, fearing it could affect a large number of cases. On Wednesday, he dropped his challenge, citing a revised ruling from Tucker that narrows the scope of his order. Krasner agreed that Castille should not have worn "2 hats" in the case, a fact made more egregious, he suggested, by the discovery of a 1990 note Castille sent Gov. Robert Casey about "police killers," urging him to issue death warrants to "send a clear and dramatic message to all police killers that the death penalty actually means something." "Although the issue is technical," said Krasner, a longtime civil rights lawyer, "it is also an important cautionary tale on the systemic problems that flow from a judge's failing to recuse where there is an appearance of bias." Castille told The Associated Press last year that Abu-Jamal's lawyers never asked him to step down from the appeal. He served as district attorney after Abu-Jamal's murder trial. He said his colleagues on the Supreme Court "knew I'd signed off on the appeal (filings), but I had nothing to do with the trial."
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., FLA., TENN., USA
April 15 TEXASimpending execution Final Execution Set in James Byrd Jr.'s 1998 Murder Case On a spring night 21 years ago, James Byrd Jr. was looking for a ride back to his Jasper, Texas, home. The men who offered it to him viciously murdered Byrd in a crime that shocked the nation. Byrd's sister, Louvon Harris, says those 24 hours threw the family into a state of disbelief. "That's a moment where you say to yourself, is this really happening? Because we just left him the day before at my niece's bridal shower. And as a family, we're a normal family. And the only problem he had that day was, 'Am I gonna be the only male at that bridal shower? And he laughed about it," Harris told InsideEdition.com. The next day, on June 7, 1998, three white supremacists severely beat Byrd — even defecated on him — before they chained his ankles to the back of a pickup truck and dragged him for 3 miles. A pathologist testified Byrd was alive for much of it. He died about halfway through, after being decapitated and having his right arm ripped off. "You deal with pain, shock, and we were numb and we became very angry. Who gave them the right to say my brother's not worth living because he was born black? Something he had no control over? And they said you don't deserve to live because of that,” Harris said. Billy Rowles was head of the Jasper County Sheriff's Office at the time and saw the horrific crime scene. "It made me sick to my stomach. For what it's worth. It's the remains of a human being who had been dismembered. Very sickening," he told InsideEdition.com. Rowles said a witness told authorities he saw a dark colored pickup truck with loud mufflers barreling down the street. He said he spotted three white men inside and Byrd in the back. "And when he got up on the porch, he heard a pickup truck with very loud mufflers coming toward his house. And he looked out there and when the truck went by in front of it." They dumped Byrd’s body in front of an African-American cemetery. Word got around town and Rowles said witnesses led them straight to Shawn Allen Berry, Lawrence Russell Brewer and John William King. They were all tried and convicted of Byrd's brutal murder. Back then, Byrd's son, Ross, spoke up against the death penalty and expressed that the punishment for murder should not be more murder. Brewer was sentenced to the death penalty. Harris went to Brewer's execution in 2011 and said the man showed no remorse. "I never been to an execution before, I never thought I'd be in this situation before. Of course I never thought I'd be a victim family of a hate crime either. It was pretty eerie because, to watch someone die. But it was also an eye opener to see how far hate will go. Will you take it to the grave?" Berry received a life sentence. After numerous appeals, King was also sentenced to death by lethal injection. It is scheduled for April 24. "I'm gonna be there. Yea. I'm not gonna watch it, I've seen too many people die in my life. But I am gonna be sitting outside on the grounds when it happens," said Rowles, now the Newton County sheriff. Harris will be there too. "It won't bring James back, but justice was served. In history you find out very seldom two white men put to death for killing a black man. And so you have history there." Byrd's family marked the 20th anniversary of his death last year. Rowles said the loss, paired with Matthew Shepard’s grizzly murder in Wyoming four months later simply because he was gay, helped change the course of history. "Everybody now knows what a hate crime is. Back then when this happened, it was a racially motivated murder. A civil rights violation.The man was murdered because of his race. The phrase, hate crime came out of this a few weeks after this, we had the Matthew Shepard case up in Laramie, Wyoming," Rowles said. Rowles feels like the incident tarnished the image of the small Texas town — a wound still trying to heal. Yet through pure heartache, Byrd's family found a ray of light: starting The Byrd Foundation for Racial Healing. The foundation's goal is to encourage racial unity through education and reduce the number of racially motivated crimes. For the case that has haunted Rowles, the town and the nation for decades, closure can't come fast enough. "I'll be glad when it's over. That would be the final act of this case. Would be when John William King is laid to rest, it's over," Rowles said. James Byrd's memory and legacy continue to will live on. "James was a fun loving person. He loved people. He loved music. He could pick up an instrument and just play it right there and not thinking about it. And he also teased the family, ‘I'ma put Jasper on the map, I'ma put Jasper on the map!’ And everything. And I keep hearing those words in my mind. We thought it would be through his music and through his playing. Never in my wildest dreams did we think
[Deathpenalty] death penalty news----TEXAS, PENN., GA., FLA., LA., KY., CALIF., ORE., USA
March 29 TEXASstay of execution Supreme Court halts execution of Texas inmate seeking to allow Buddhist spiritual adviser in death chamber The Supreme Court agreed Thursday night to halt the execution of a Texas inmate, Patrick Henry Murphy, after he argued that the state was refusing to allow his Buddhist spiritual adviser to accompany him into the chamber. "The State may not carry out Murphy's execution," the court said in an unsigned order, "unless the State permits Murphy's Buddhist spiritual adviser or another Buddhist reverend of the State's choosing to accompany Murphy in the execution chamber during the execution." Justices Clarence Thomas and Neil Gorsuch would have denied the stay. Justice Brett Kavanaugh wrote to explain why he voted to grant the application. "The government may not discriminate against religion generally or against particular religious denominations," Kavanaugh wrote. The case marks the 2nd time in recent weeks that the justices have been asked to put an execution on hold because a prison policy allows Christian or Muslim chaplains who are prison employees to be present, but not advisers of other religions. The prison forbids advisers of other denominations who are not prison employees into the chamber out of security concerns. The cases pit an inmate's claims of religious liberty against prison officials who say the requests are meritless and simply last-ditch attempts to avoid execution. Murphy, on death row for the murder of police officer Aubrey Hawkins in 2000, was scheduled to die at 7 p.m. ET on Thursday, but the court stayed the execution after 9 p.m. In a flurry of last-minute petitions, lawyers for Murphy said the state violated his religious liberty because it blocked the Rev. Hui-Yong Shih from being present in the execution chamber. Back in February, in a strikingly similar case out of Alabama, a deeply divided Supreme Court split 5-4 and allowed the execution of an inmate, Domineque Ray, go forward despite the fact that Ray argued that his religious freedom rights were violated when the prison barred his imam from being present at the execution. The Alabama prison only employed a Christian chaplain. The conservatives on the court said they acted because Ray had waited too long to seek review. But Justice Elena Kagan wrote a scathing dissent, joined by the 3 other liberal justices on the bench, calling the majority's move "profoundly wrong." "Here, Ray has put forward a powerful claim that his religious rights will be violated at the moment the State puts him to death," Kagan wrote, saying that the treatment "goes against the Establishment Clause's core principle of denominational neutrality." She said her colleagues in the majority should have allowed the lower court to hear the claim in full. Supporters of religious liberty also heavily criticized the Conservatives' vote. Writing for the National Review, David French called it a "grave injustice." In explaining his vote in the Texas case Thursday night, Kavanaugh offered one reason -- in a footnote -- that might explain why he voted in favor of Murphy after he had cleared the way for Ray's execution. "I conclude that Murphy made his request to the State in a sufficiently timely manner, one month before the scheduled execution," Kavanaugh wrote. Kavanaugh also said that states had 2 options going forward: allow all inmates to have a religious adviser of their religion in the execution room or allow inmates to have a religious adviser, including a state-employed chaplain, only in the viewing room, not the execution room. "What the State may not do, in my view, is allow Christian or Muslim inmates but not Buddhist inmates to have a religious adviser of their religion in the execution room," he said. Texas Attorney General Ken Paxton had argued in briefs that the court should rule against the inmate because "he is dilatory, he fails to show likely success on the merits for a variety of reasons, he fails to show irreparable harm" and that the prison's execution protocol that prohibits chaplains who are not employees from the execution chamber has been in place since July 2012. Paxton said the policy is meant to ensure the "safety and security" of the execution process. The case prompted a friend of the court brief filed by the Becket Fund for Religious Liberty, a nonprofit law firm. Lead lawyer Eric Rassbach said he was filing the brief to "clarify the law" because he was concerned that the "time-compressed nature" of the appeal could "obscure" important religious liberty issues at stake, and that the justices were sure to face similar petitions in the future. "The right of a condemned person to the comfort of clergy -- and the rights of clergy to comfort the condemned -- are among the longest-standing and most well-recognized forms of religious exercise known to civilization," he wrote. "Texas is no doubt capable
[Deathpenalty] death penalty news----TEXAS, PENN., GA., FLA., ALA., MISS.
March 21 TEXASimpending execution Death Watch: “Texas 7” Member Contests “Law of Parties”A robbery ended in a police officer death while Patrick Murphy waited outside. Current Texas law holds him responsible. If the state has its way, 57-year-old Patrick Murphy of "Texas 7" infamy will be executed on March 28, though he didn't commit the murder that landed him on death row. Murphy, along with 6 other prisoners (including Joseph Garcia, who was executed in December), achieved the biggest prison escape in Texas history in 2000 when they broke out of a maximum-security facility near San Antonio armed with stolen weapons. The men committed several robberies across Texas before hitting a sporting goods store outside of Dallas on Christmas Eve, an act which went awry, leading to the shooting death of Irving police officer Aubrey Hawkins. Murphy, however, maintains he did not wish to participate in the robbery and instead waited outside in the car. He, Garcia, and four others were caught in Colorado soon thereafter (the 7th committed suicide), and each was sentenced to death for Hawkins' capital murder under the controversial Texas "law of parties," which allows accomplices to another felony – such as robbery – that results in murder to be held responsible for the slaying even if they had no part in the killing. As his death date nears, Murphy, who was originally serving a 50-year sentence for aggravated sexual assault, has asked the Texas Board of Pardons and Paroles to commute his sentence or offer a 90-day reprieve to await possible new "bipartisan and bicameral" legislation. Several bills have been filed this Lege session, including Sen. Juan Hinojosa's Senate Bill 929 and Rep. Jeff Leach's House Bill 4113, which would prohibit executions of those found guilty of capital murder under the law of parties (section 7.02(b) of the Penal Code). So the filing asks the BPP to "recognize that Murphy should not be executed when his conviction was obtained pursuant to a charge" that state lawmakers have "recognized cannot sustain a death sentence." If nothing else, the filing argues, Murphy's execution should be put on hold until the fate of the bills is known, so the Texas Court of Criminal Appeals could reconsider his case if the law is changed. Murphy's BPP filing also points out that while Texas law allows juries to sentence an accomplice of a lesser crime to death, under the Supreme Court's Eighth Amendment jurisprudence, a defendant "can only be" executed for the crime "if he was a major participant in the felony." But Murphy's trial jury was never asked to determine whether or not he played a major role in the robbery that resulted in Hawkins' murder. Hence, executing him without putting this question before a jury would be a violation of the Eighth Amendment. Killing Murphy, the filing argues, who "neither fired a shot at Officer Hawkins nor had any reason to know others would do so," would "simply be vengeance." In addition to his commutation plea, Murphy has asked the CCA to reconsider its April 2006 Denial of Relief, or otherwise allow him to file for a rehearing. Like his motion before the BPP, Murphy's CCA filing cites pending legislation and violation of his constitutional rights. However, here Murphy's counsel notes that the proposed legislation would not "provide relief for those" like Murphy, because the change in law would only apply to criminal proceedings that start on or after the effective date of Sept. 1, 2019. Instead, the motion insists, "The same concern that has led these legislators to propose the now-pending legislation is nonetheless present in Murphy's case." It's been a long legal fight for Murphy; his last round of appeals – largely arguing ineffective counsel – ended in denial at SCOTUS in November. Without intervention, he'll the 3rd man executed by the state this year and the 5th member of the "Texas 7" to be put to death, leaving only Randy Halprin alive. Though Halprin has not yet been given an execution date, he has also maintained he didn't fire any of the 5 guns that killed Hawkins. (source: Austin Chronicle) ** Executions under Greg Abbott, Jan. 21, 2015-present42 Executions in Texas: Dec. 7, 1982present-560 Abbott#scheduled execution date-nameTx. # 43-Mar. 28Patrick Murphy--561 44-Apr. 11Mark Robertson--562 45-Apr. 24John King---563 46-May 2--Dexter Johnson--564 47-Aug. 21Larry Swearingen565 48-Sept. 4Billy Crutsinger566 (sources: TDCJ & Rick Halperin) USAcountdown to nation's 1500th execution With the execution of Billie Wayne Coble in Texas on February 28, the USA has now executed 1,493 condemned
[Deathpenalty] death penalty news----TEXAS, PENN., GA., LA., CALIF.
February 17 TEXAS: Wilkins-Dember, champion of racial justice, dies at 89 Jean Wilkins-Dember, a fierce champion for racial justice and passionate Third Ward community organizer, died last week at the age of 89. Wilkins-Dember served a founding member of the National Black United Front, a grassroots organization advocating for people of African descent, and passionately pushed back against racial inequality, police brutality and the death penalty. Commonly known as “Mother Dember,” the New York native often donned her signature hat festooned with buttons signifying her chosen causes, which centered on African-American advancement following centuries of discrimination. Wilkins-Dember began her advocacy in the 1950s following the killing of a teenage boy in New York City’s Long Island, pursing justice through “confrontational therapy” that forced the public to acknowledge the rights and plight of black Americans. Wilkins-Dember held several positions tailed toward multiculturalism, mental health and racial equity in the New York City, including a brief stint as an adjunct professor at Nassau Community College. She also raised 5 daughters and 1 son with her husband, Clarence, who died in 2011. After moving to Houston in the 1990s, Wilkins-Dember became deeply involved in S.H.A.P.E. Community Center, a Third Ward nonprofit dedicated to improving lives of individuals of African descent, and founded the grassroots group Afrikans United For Sanity Now. Wilkins-Dember has been a frequent presence during many of Houston’s most tense chapters of racial divide, standing alongside many of the city’s most prominent black activists. “People have said this to me: Get over it. How can you get over it when so many people don’t acknowledge that anything is going on?” Wilkins-Dember said during a 2016 interview published by the Texas Christian University Mary Couts Burnett Library. “The inequity is there, and is there every day. And you don’t want to analyze it so it can be expunged? You want it to be ignored?” During the 2016 interview, Wilkins-Dember recalled how her persistent reinforcement of workplace and policing discrimination during her upbringing in the Brooklyn area prompted her advocacy. Decades later, Wilkins-Dember said, she continues to raise her voice in the face of institutional inequality — even when others are afraid to join her. “It’s too much (for some) to cope with, and so they just don’t look at me at all,” Wilkins-Dember said. “And that’s OK, because I’m not invisible. They will remember somebody was doing something.” (source: Houston Chronicle) PENNSYLVANIA: Carlisle American Legion Murder Trial: Arguments begin to determine death penalty or life in prison for Robert Anderson Jurors in the murder trial of Robert “Rocky” Anderson heard sentencing arguments Saturday that will determine whether Anderson receives the death penalty. The jury found Anderson, 41, guilty of 1st-degree murder on Friday after a week-long trial regarding the fatal shooting of Daniel “D.J.” Harris on June 11, 2016, at the Haines Stackfield American Legion in Carlisle. Under Pennsylvania law, jurors then determine the sentencing penalty in such a case, with a first-degree murder verdict presenting a choice between life in prison without parole or the death penalty. The prosecution is allowed to argue certain aggravating circumstances that would call for a harsher sentence, while the defense may argue mitigating circumstances in support of a lighter one. Given the jury’s binary choice, Michael Palermo, one of Anderson’s defense attorneys, said in his opening argument that the jury had already decided on an effective death penalty by finding Anderson guilty — he will either be put to death, or die in prison. “It’s a question of how soon,” Palermo said, framing the jury’s decision. Prosecutors from the Cumberland County District Attorney’s office had submitted 2 aggravating factors, the jury was told, which must be proven beyond a reasonable doubt. The first of these was that the murder was done “in commission of felony,” that felony being the possession of a firearm by Anderson. Given that the jury believes Anderson committed murder, he must then also have committed the firearm felony, as it is undisputed that Harris was shot 7 times. Similarly, the 2nd aggravating factor was that the crime committed “put another person in grave danger.” Prosecutors called only one witness during the Saturday sentencing hearing, that being Harris’ mother, who testified to the adverse effect her son’s death had on his two children and his father, as well as herself. She also disputed the characterization of Harris, who during the trial was depicted as having a long-running street feud with Anderson prior to his death. “I don’t know the D.J. you guys are talking about,” Harris’ mother said. Mitigating circumstances, Judge Edward Guido noted
[Deathpenalty] death penalty news----TEXAS, PENN., VA., GA., FLA., ALA.
February 6 TEXAS: DNA testing results released on death row case of Larry Swearingen More than a year after prosecutors agreed to DNA testing on decades-old evidence in a Montgomery County death row case, the results are in - and they didn't reveal anything new. Most of the aging evidence sent to the lab didn't show any male DNA at all, prosecutors said, while the genetic material pulled from cigarette butts found near Melissa Trotter's body only traced back to the hunters who found her. "Everything (the defense) requested to be tested has been tested at this point," said Montgomery County Assistant District Attorney Kelly Blackburn. Now, with no pending appeals and no new DNA to help validate his claims of innocence, convicted killer Larry Swearingen could be one step closer to yet another execution date. "Unfortunately, the testing we did really didn't move the ball," said Bryce Benjet, a defense attorney with the Innocence Project. "At the end of the day, it was useful to the extent that it can show that we tested every item and none of that testing has pointed to Larry Swearingen." The 47-year-old was sentenced to die two decades ago for the murder of a Montgomery College student. In the years since, the Willis man has fended off the state's repeated attempts to execute him, lobbing a slew of appeals, including multiple pleas for testing on pantyhose and cigarettes found in the woods near the slain woman's body. Prosecutors and defense lawyers finally came to a testing agreement in late 2017, after years of back-and-forth over various proposals. In addition to the cigarette butts and some of the slain teen's clothes, the lab analyzed hair stuck in a knot tied in the torn pair of pantyhose used in the murder. Though the strands looked like they may have belonged to someone other than Trotter, the 2-decade-old sample didn't net any DNA for testing, Benjet said. Attorneys also asked for testing on a different piece of pantyhose found near Swearingen's trailer after the crime. Whether that's the other half of the pair used in the killing has been a point of dispute, but testing on it showed some DNA pointing to Swearingen – and nothing pointing to Trotter. The last time anyone saw Trotter alive was on Dec. 8, 1998, when she and Swearingen were spotted together in the community college library. Afterward, a biology teacher caught sight of Trotter leaving the school with a man. Hair and fiber evidence later showed that she'd been in Swearingen's car at some point before she vanished. Swearingen's wife testified that she came home that evening to find the place in disarray - and in the middle of it all were a lighter and cigarettes believed to belong to Trotter. Swearingen later filed a burglary report, saying his home had been broken into while he was out of town. That afternoon, he placed a call routed through a cell tower near FM 1097 in Willis - a spot prosecutors say he would have passed while heading from his house to the Sam Houston National Forest where Trotter's decomposing body was found 25 days later. Crime scene investigators recovered biological material from the scene - but there was never any conclusive link to Swearingen. Instead, he was convicted and sentenced to death based on what courts later described as a "mountain" of circumstantial evidence. Since he was sent to death row in 2000, he's had at least 5 execution dates set and canceled. In 2017, he made national headlines as the result of a plot with another condemned prisoner, serial killer Anthony Shore. Shore, who has since been executed, was allegedly planning to wrongly confess to Trotter's slaying in the final minutes before his death. But authorities got wind of the supposed scheme, and called off Shore's execution date to investigate further. Then, the courts called off Swearingen's death date a month later - not because of the plot or any concerns about his possible innocence, but because of a clerical error. Afterward, lawyers on both sides of the case agreed to testing, a process that's dragged out for more than a year. Currently, Swearingen doesn't have any appeals pending, but Benjet – who is handling the case along with Houston-based attorney James Rytting – hinted at the possibility of more court filings ahead, including claims questioning the cell phone forensics used to pinpoint Swearingen's location. (source: Houston Chronicle) CAPITAL MURDER: Panola Co. officials look at May 2020 trial for father accused in 2-year-old's death A capital murder trial for a father accused in the death of his 2-year-old son is not expected to take place until at least May 2020, prosecutors and defense officials said Monday. According to our newspaper partners, the Panola Watchman, that's because both the Panola County District Attorney's Office and Braylyn Sheppard's defense attorneys will need to line up expert
[Deathpenalty] death penalty news----TEXAS, PENN., VA., S.C., GA., FLA.
February 5 TEXAS: Anthony Graves, Wrongfully Convicted Death Row Inmate, Gives Voice to Voiceless Since August 23, 1992, Anthony Graves has been behind bars for the gruesome murder of a family in Somerville, Texas. There was no clear motive, no physical evidence connecting him to the crime, and the only witness against him recanted, declaring again andagain before his death, in 2000, that Graves didn’t do it Imagine spending nearly 2 decades in prison for a crime you never committed. Even worse, imagine spending 12 of those years behind bars on death row. That is the story of former Texas death row inmate Anthony Graves, whose case garnered international attention after he was wrongfully convicted of multiple homicides in 1992. Graves was sentenced to the death penalty. Graves’ sentence was overturned in 2006. Then, after having to deal with countless legal loopholes and roadblocks, he was forced to fight and wait another four years in order to be fully exonerated and released from prison in 2010 after 18 ½ long years. Sadly, stories of false imprisonment and wrongful conviction have impacted countless African Americans for decades — from having to deal with the controversial and inhumane convict-leasing system, to flawed public policy that disproportionately impacts African Americans. Graves’ case serves as but one example of the complex nuances that make up the America’s controversial criminal justice system. In 2017, Netflix released a documentary entitled “Time: The Kalief Browder Story.” The film chronicles the tragic case of Kalief Browder, a young Black teenager who spent three years of his young life in pre-trial detention and solitary confinement on New York’s Riker’s Island, without ever being convicted of a crime. Despite denying the charges, Browder was held because he was on probation for a prior incident. On top of that, because his parents could not afford the money for bail to get him out of jail. Half of Broder’s time in jail was spent in solitary confinement, until 2013 when he was released and all charges against him were dismissed. 2 years after being released, at the age of 22, Browder committed suicide outside of his mother’s home, which led to calls for criminal justice reform in New York. Stories and incidents like these have prompted activists from across the globe to focus on ways to help bring about comprehensive and effective criminal justice reform in the United States, which is why Graves has chosen to work with the ACLU of Texas and Texas Southern University’s Urban Research and Resource Center (TSUURRC) to launch the Anthony Graves Smart Justice Speaker’s Bureau. Graves said this program was much needed across the country. “I travel all across the country sharing my story and no matter where I go, I hear story after story about someone who has been impacted by the criminal justice system, whether it was them or someone close to them,” said Graves. “I felt like I had to do something to give these people a voice to share their stories, which I strongly believe will empower them to help bring about changes in the criminal justice system in America.” The Anthony Graves Smart Justice Speakers Bureau is the only program of its kind in the nation. The program works with qualified persons to help reduce recidivism and to encourage entrepreneurship and academic development through a 12-week training program, that is taught on the Texas Southern University (TSU) campus. The Anthony Graves Smart Justice Speakers Bureau allows formerly incarcerated people to be trained in professional public speaking and to serve as effective ambassadors related to criminal justice issues. The program utilizes highly credentialed and experienced trainers who follow approved curriculum specific to the topic areas of criminal justice reform. The class sizes range from 5 to 10 students who are trained and prepared for speaking engagements around the country. Students who successfully complete the program receive a certificate of achievement certifying their skills. Selection for training is competitive. Applicants submit a 10-minute video for consideration and/or participate in a phone interview. Afterwards, candidates are then invited to a face-to-face interview. Speakers are trained to be effective agents of change at the local, state and national levels. Speakers’ skills and time are highly valued. Trained speakers are fairly compensated consistent with speaking fees for other public policy professional engagements. The TSU Urban Research and Resource Center (TSUURRC) chose to partner with the ACLU of Texas with a goal to help reduce mass incarceration by 50 percent. They hope to do this through researching the key drivers of incarceration and formulating policies aimed at impacting those drivers in a way that achieves the goal. “This program trains the people who will be most influential in telling the
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., ALA., OHIO
January 8 TEXAS: 2020 trial in county death penalty case A 19-year-old Houston man will stand trial in a brutal Texas County murder in August 2020, it was decided during a conference call Friday. Andrew J. Vrba is charged with 1st-degree murder, armed criminal action and abandonment of the corpse of Joseph M. Steinfeld, 17, who was transitioning to a female and killed in September 2017 north of Cabool. Steinfield went by the name, “Ally.” Vrba could face the death penalty. Prosecutors said they are ready to hold the trial, but Vrba’s lawyers say their workload is so heavy they wouldn’t be able to mount a defense under the summer of 2020. Vrba is represented the Missouri Public Defenders Office. 2 attorneys who specialize in capital cases, Thomas Jacquinot and Patrick Berrigan, both of Kansas City, are assigned to the Vrba case. They also represented Craig Wood, who was convicted of killing 10-year-old Hailey Owens in Springfield, in a high-profile Missouri case. Holden set Vrba's trial to begin Aug. 3, 2020, in Greene County. He set aside 3 weeks: 1 week for jury selection and 2 weeks for the trial, according to court records. The case had been set to be heard in Steelville on a change of venue, but the judge assigned to the case was defeated in an election last year. Holden will next meet with attorneys on May 6 for a pre-trial conference. 3 others were also charged with murdering Steinfeld north of Cabool at a trailer. Isis Schauer, 19, of Houston, was sentenced to 20 years in prison. As part of the plea agreement, the charge against Schauer was lowered from 1st-degree murder to 2nd-degree murder. She is appealing the sentence. She cites ineffective counsel and that her plea was not voluntary or knowledgeable. Briana Calderas, 25, of Cabool, will stand trial the week of Feb. 25 in Pulaski County Circuit Court at Waynesville. She is charged with 1st-degree murder, armed criminal action and abandonment of a corpse at her residence where authorities said the crime occurred. She could face life in prison without a chance of probation or parole. A 4th person, James T. Grigsby, 26, of Thayer, pleaded guilty to abandonment of a corpse and was sentenced to 4 years in prison in July 2018. Texas County Prosecutor Parke Stevens Jr. said the lengthy incarceration for Vrba raises concerns about the cost of housing the suspect in Greene County. Vrba will likely be held in Texas County unless the county agrees to pay board bill to Greene County. At the conference, Stevens and Judge Calvin Holden also agreed that the county prosecutor could talk to the Texas County sheriff about possibly arranging some sort of deal in which Greene County inmates could be housed in Texas County while Vrba is in Springfield to offset costs. (source: Houston Herald) PENNSYLVANIA: Holly Grim homicide: Michael Horvath trial pushed back to October Jury selection in the case of Michael Horvath, the Monroe County man accused of kidnapping and killing Holly Grim of Lower Macungie Township, will not begin until October, prosecutors confirmed Monday. Horvath, 51, was in Monroe County Court Monday morning for a pretrial hearing. His attorneys are challenging the science behind cellphone data collection, which police say shows Horvath was near Grim’s home on the day she disappeared. Monroe County Judge Margherita Patti Worthington said she will rule on the motion before Horvath’s trial. Grim’s disappearance is one of the most closely watched missing person cases in Lehigh Valley history. Police say that in November 2013, Horvath kidnapped Grim from her trailer in the Red Maples Mobile Home Park, then took her to his Ross Township home where he killed her and disposed of her body. Police say they found evidence that Horvath was stalking Grim, his coworker at Allen Organ Co. in Macungie, and that he had books and videos on “hunting humans” in his home. Horvath was arrested on Oct. 13, 2016. He's charged with homicide, abuse of a corpse, tampering with evidence and obstruction of the administration of law. Prosecutors are seeking the death penalty. Horvath is being held in the Monroe County Correctional Facility without bail. Michael Horvath is charged with homicide in connection with the death of Holly Grim, a Lower Macungie woman who went missing in 2013. Although investigators believe Grim was kidnapped in Lower Macungie, they say evidence points to Horvath killing her and burying her body on his property. That’s why the trial is being held in Monroe County. Police in October 2016 announced that Grim's skeletal remains were discovered in a 4-by-4-foot area at the bottom of an embankment behind Horvath's house, covered by about a foot of dirt. In court Monday, defense attorney Chandra Bleice argued that she needed more information about how police gathered cellphone evidence in the case so that she could call an expert at trial to dispute
[Deathpenalty] death penalty news----TEXAS, PENN., TENN., COLO., USA
Dec. 15 TEXAS: Texas sees uptick in executions, death sentences in 2018The state put to death 13 men this year. That's more than half the total number of people executed in the entire country: 25. Still, the death row population — both here and nationwide — is at a historic low. Texas again executed far more inmates than any other state in 2018, according to year-end reports released Friday by 2 groups critical of the death penalty. With no other executions scheduled for the year, tallies from The Death Penalty Information Center and the Texas Coalition to Abolish the Death Penalty show the state will have put to death 13 people in 2018 — all men, as usual. That's more than 1/2 the total number of executions that took place in the United States this year — 25. The number of people Texas put to death increased substantially from the last 2 years as the Texas Court of Criminal Appeals halted far fewer executions. 7 men died in the state’s execution chamber in both 2016 and 2017, when the state's highest criminal court stayed at least twice as many executions as it did this year. At the same time, the death row population in Texas — and the nation at large — reached historic lows this year, according to the Death Penalty Information Center report, which noted that the total number of people with active death sentences nationwide is at a 25-year low. The number of inmates living with death sentence in Texas has dropped consistently since 2003. There are currently 224 inmates awaiting execution, according to the state's prison system. Texas usually leads the nation every year in the number of prisoners it puts to death and has executed far more people since the death penalty was reinstated in 1976 — more than 550. The state with the 2nd-highest number of executions, Virginia, has racked up 113, according to the Death Penalty Information Center. In the last 20 years, Texas has had fewer executions than another state only twice. Here are some of the big changes that happened with the Texas death penalty this year: The rise in executions this year in Texas also coincides with an increase in new death sentences. In 2018, 7 men — all people of color — were added to Texas’ death row, according to the report from the Texas Coalition to Abolish the Death Penalty. That’s a jump from last year, when 4 men were sentenced to death. In 2015 and 2016, only 3 men got the punishment. But the relative increase comes at a time after both executions and death sentences in Texas and the nation reached historic lows. By comparison, Texas juries handed down 48 new death sentences in 1999, and executed 35 people. The parole board, governor reduced a death sentence for the 1st time in more than a decade In February, the Texas parole board unanimously voted to recommend clemency for Thomas Whitaker, who was convicted in the death of his mother and brother in an inheritance money scheme. Minutes before his execution was scheduled to proceed, Republican Gov. Greg Abbott accepted the board's recommendation and changed Whitaker’s sentence to life in prison. It was the 1st time the board recommended the lesser sentence since 2009, and the 1st time a governor signed off on that change since 2007. Still, Abbott emphasized his support of the death penalty, noting that he had allowed more than 30 executions to take place since he took office in 2015. The Texas Court of Criminal Appeals stopped fewer executions The state’s highest criminal court stopped significantly fewer executions in 2018 than other years in recent history. Of the 3 executions the court halted, 2 were specifically tied to a 2017 U.S. Supreme Court ruling that invalidated the Texas court’s method of determining whether a death row inmate is intellectually disabled and therefore ineligible for execution. In 2017, the state's Court of Criminal Appeals stopped 6 executions during late appeals, and in 2015 and 2016, it halted 8 and 7 respectively, according to the Texas Coalition to Abolish the Death Penalty. The court, consisting of 9 Republican judges, also is losing its most vocal death penalty critic, Judge Elsa Alcala, at the end of the year. She did not run for re-election and will be replaced by Republican Michelle Slaughter, who defended the death penalty in February during her primary campaign but said any reforms should stem from legislation and not court rulings. (source: Texas Tribune) PENNSYLVANIA: State's prosecutors, not moratorium, drive dip in death sentences A new report from a group that tracks the death penalty in the United States finds that executions have reached the lowest point since 1991. For the fourth year in a row, there have been fewer than 30 executions in the U.S., coming just as public opinion polls show that support for the death penalty is waning. Texas put more people to death — 13 — than any other state. That was more than 1/2 of
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., ALA., OHIO, TENN.
November 29 TEXASimpending execution "Texas 7" Escapee Set for ExecutionInmate challenges original conviction, post-escape “law of parties” verdict Joseph Garcia is infamous for his role in the biggest prison escape in Texas history. For that crime and a murder that followed, Garcia is facing an execution date of Tuesday, Dec. 4, where he would become the fourth of the "Texas 7" to be put to death. But with 2 appeals and a stay pending before the Texas Court of Criminal Appeals and a clemency petition before the Board of Pardons and Paroles, Garcia's placement on death row remains controversial. On Dec. 13, 2000, the Texas 7 broke out of a maximum-security prison near San Antonio with stolen weapons in a prison truck. Once free, the men committed several robberies across the state, including at a sporting goods store near Dallas on Christmas Eve, where they ran into police officer Aubrey Hawkins and fatally shot him 11 times. A month later, after making national news, the men were captured in Colorado. All, save 1 who killed himself, were sentenced to death under the Texas "law of parties," though Garcia maintains he never fired his weapon that night. State statute allows accomplices to another crime - such as robbery - that results in murder to be held responsible even if they were not involved in the slaying, and Garcia's lawyer Dale Baich said, "Joseph was sentenced to death even though the state could not prove that Joseph killed, intended to kill, or was even present when the co-defendants killed Officer Hawkins." Garcia's concurrent appeals touch on more than the law of parties. Before his escape, Garcia was serving out a murder sentence from Bexar County; the 1st matter pending before the CCA argues he was denied his Sixth Amendment right to effective counsel in that case. Garcia insists he acted in self-defense, but his trial attorney failed to investigate or present that claim to the court, and the filings allege Garcia continued to receive shoddy counsel through his appeals. A subsequent petition at the CCA argues Garcia's death sentence in the Hawkins case was a result of "misleading evidence" presented by the state, ineffective counsel, and a "racially prejudiced judge" who tainted the case, in addition to its challenge to the law of parties. Via email, Baich stressed that there remain "significant legal issues before the courts that have not been presented until now because of procedural technicalities and bad lawyering." Garcia has been fighting his sentence for nearly 2 decades. In April, the U.S. Supreme Court denied his last appeal and he was scheduled for lethal injection in August, but was spared due to a technical issue. If a stay or clemency is not granted, Garcia will be the 12th Texas inmate executed in 2018. Before the year is up, 1 more - Alvin Braziel Jr. - is scheduled to die, on Dec. 11. (source: Austin Chronicle) ** Inmates Said The Drug Burned As They Died. This Is How Texas Gets Its Execution Drugs.Greenpark Compounding Pharmacy gave kids the wrong medicine. It forged documents. Its employees didn’t wash their hands adequately. So why did the state with the most executions hire it to make lethal injection drugs? The Texas Department of Criminal Justice, which has carried out more executions than any other state, has for the last 3 1/2 years bought drugs for lethal injections from a pharmacy that regulators have repeatedly cited for dangerous practices. The source of the state's execution drugs has until now been a closely guarded secret. Texas, like other death penalty states, has a law that prevents the disclosure of that information, making it impossible for the public to learn about the manufacturer's safety record. But documents obtained by BuzzFeed News indicate that one source is Greenpark Compounding Pharmacy in Houston, which has been cited for scores of safety violations in recent years. Its license has been on probation since November 2016, when the Texas State Board of Pharmacy found that it had compounded the wrong drug for 3 children, sending 1 to the emergency room, and forged quality control documents. Questions about the source and quality of Texas's execution drugs have been particularly acute in the past year, since in their final moments of life, 5 of the 11 inmates who Texas put to death in 2018 said the drug they were injected with, which is supposed to be painless, felt like it was burning as it coursed through their bodies. "I can feel that it does burn. Burning!" Anthony Shore said, his voice rising, as he died in January. 4 months later, Juan Castillo swore and said the drug burned and that he could taste it in his throat. In the next few months, inmates Troy Clark, Christopher Young, and Danny Bible all made similar statements as they were dying. A 6th inmate, William Rayford, writhed and shook on the gurney after the drug began to
[Deathpenalty] death penalty news----TEXAS, PENN., OHIO, CALIF.
November 24 TEXASimpending execution 'Texas 7' escapee fights death sentence as Dec. 4 execution nears Joseph Garcia met George Rivas back in the summer of 1999, 8 months before they started plotting their escape. They were doing time together on the Connally Unit, counting out their days in the heat of a Texas prison. Garcia was locked up on a murder charge, a crime he's long maintained was self-defense. Rivas, on the other hand, was a convicted kidnapper, violent and full of charisma. They both had decades of time in front of them. But Rivas had better plans. Around lunchtime on Dec. 13, 2000, they broke out of the maximum security prison south of San Antonio, bringing along 5 confederates as they made good on an intricate plot culled straight from the pages of a novel. They took hostages, burst into the prison armory, stole weapons and stormed out in a prison truck, making for the biggest escape in Texas prison history. After pulling off 2 robberies in the Houston area, they headed to the Dallas suburbs, hoping to get as far as they could from the bloodhounds and helicopters hunting them down. There, on Christmas Eve, the men held up a sporting goods store and made off with bags of cash and dozens of guns. On the way out, they ran into a cop. In a chaotic scene, five of the men started firing, some at each other and some at the lawman. When it was over, Officer Aubrey Hawkins lay dead in the Oshman's parking lot, shot 11 times and dragged 10 feet by an SUV as the panicked prisoners fled. After a 6-figure reward and a spot on "America's Most Wanted," the wanted men were finally captured in Colorado more than a month later, living in a trailer park and posing as Christian pilgrims. 1 killed himself rather than be captured, and the other 6 were sent to death row. "It wasn't supposed to happen," Garcia told the Houston Chronicle in a recent death row interview. "I wish I could take everything back." 3 have been executed and now a 4th - Garcia - is scheduled to die Dec. 4. It's a case that's galvanized outcry from activists, since it's not clear that he ever shot anyone. Though he's consistently admitted to his role in the break-out and robberies, he's long maintained that he never fired his gun and never intended to kill the officer. Even so, he was sentenced to death under the controversial law of parties, a Texas statute that holds everyone involved in a crime responsible for its outcome. It's the thing that put him on death row, but now it's also a key part of the desperate inmate's last-ditch efforts at appeal and pleas for clemency. Whatever the law, it all feels too long for the slain officer's friends and family. "We're coming up on 18 years since the incident," said Sgt. Karl Bailey, a Seagoville policeman and longtime family friend. "It's a long time not to get closure - and it wears on you." The law of parties has long been baked into the Texas criminal code. It's a statute that's broader - and used more frequently in death penalty cases - than in many other states, according to Robert Dunham of the Death Penalty Information Center. The requirements are simple: The state must show only that an accomplice to one felony may have "anticipated" another felony could occur. So, if a 3-man robbery crew hits a convenience store and 2 person kills the clerk, all 3 of them are guilty of capital murder - even if the other two never fired a shot. And, if there's a getaway driver waiting outside, he can be responsible as well, even if he never got out of the car. In some cases, the actual shooter might manage to net a life sentence and be eligible for parole, while non-shooter accomplices face the death chamber. In some states it's known as vicarious liability. Nationally, it's not clear how many people are on death rows across the country under such laws, but the Death Penalty Information Center counts only 10 clear cases of non-shooter accomplices who've been executed, including 5 from Texas. "There's this borderline area between common and uncommon and I don't think it's either of the 2," Dunham said. "But it's applied much more frequently in Texas than in similar circumstances in other states." ** Rivas and Garcia became friends because of a prison gang war. It was a feud between the Mexican Mafia and La Raza Unida that sparked a unit-wide lockdown, Garcia told the Chronicle, and the men met up in the dayroom where they bonded over a "poor man's spread" of prisoner-made food. The lockdown ended and they went their separate ways, but a few months later, Garcia spotted Rivas standing by his cubicle talking to another man, Larry Harper. Garcia was already frustrated, only 4 years in and not sure he could really do all the time stretched out in front of him. He still felt like he wasn't supposed to be there. And now, he wanted to steal back the life he thought the state had stolen from him.
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., OHIO, S. DAK., USA
November 14 TEXASimpending execution Texas to execute Mexican national on Wednesday, amid pleas for case review Lawyers for convicted killer Robert Moreno Ramos have argued that he wasn’t aware of his rights under an international treaty, and therefore didn't receive proper legal counsel during his trial and sentencing. Texas plans to carry out the execution of Robert Moreno Ramos by lethal injection on Wednesday evening, amid his lawyers’ continued pleas that the case be re-examined for legal violations from 25 years ago. Ramos, 64, was convicted of capital murder in March 1993 for the February 1992 killings of his wife, Leticia, 42, and their 2 children, Abigail, 7, and Jonathon, 3, in Hidalgo County. Ramos, a Mexican national, beat his wife and children with a miniature sledgehammer, and then buried them under the bathroom floor in the family’s Progreso home, according to trial evidence. Ramos’ case has been a point of contention in both district and federal courts for years, due to requirements of an international treaty. The Vienna Convention on Consular Relations mandates that when an immigrant is arrested and held in detention, he has the right for the consulate to be notified so that the foreign government can provide legal representation. Lawyers in Ramos’ case have argued in appeals since 1996 that Ramos wasn’t aware of his rights, and therefore didn’t receive sufficient legal guidance that they say could have made a difference in his sentencing. His current lawyer wrote in a 2015 filing that Ramos was instead represented by court-appointed, “incompetent counsel” who was poorly trained and failed to present “mitigating evidence” at his conviction and sentencing that disregarded Ramos’ brain damage and history of severe mental illness, as well as his upbringing marked by “shocking brutality and desperate poverty.” On Feb. 7, 1992, a neighbor reported that she had heard screams coming from the Ramos home. For nearly two months after the murders, Ramos dodged questions regarding his wife and children’s location, until his sister-in-law reported Leticia Ramos and the children as missing. In court records, it is noted that Ramos was having an affair and had married the woman 3 days after the killings. Police questioned Ramos at the end of March about his family’s disappearance. After providing contradictory statements — saying first that his family was in Austin, then San Antonio and Mexico — Ramos was later arrested on traffic violations and brought to the police station. Police obtained permission to search the house on April 6. They found traces of blood throughout the home. After another round of questioning on April 7, Ramos admitted that he buried the victims under the bathroom floor, where police eventually excavated the bodies from underneath newly installed tiling. During Ramos’ sentencing, his 19-year-old son testified against him, detailing harrowing accounts of growing up under his father’s physical and verbal abuse. Another woman testified that Ramos was likely responsible for the disappearance of her daughter, who married Ramos in 1988 in Reynosa and who had not been seen by her family since 1989. Ramos was found guilty and sentenced to death in March 1993. The Mexican government eventually filed a case against the United States in 2003 that bundled Ramos with more than 50 other Mexican immigrants sentenced to death in the U.S. who did not receive consulate-sponsored representation under the treaty. The case went to the International Court of Justice in The Hague, Netherlands, which determined in 2004 that the U.S. government had violated the treaty. However, after the decision, President George W. Bush announced that it would be up to the state courts to “review and reconsider” details of the cases. Ramos sought relief under the international court’s ruling, but the Texas Court of Criminal Appeals dismissed his appeal, and the Supreme Court denied a review of the decision. A week before his scheduled execution, Ramos’ attorneys were still filing for a stay of execution, saying that Ramos will “die without having received even one full and fair review of the constitutionality of his death sentence at any stage of the process in any state or federal court.” Ramos’ attorneys did not respond to the Tribune’s requests for comment. (source: Texas Tribune) *** Former deputy attorneys general call out Texas court, file brief supporting death row inmate A group of conservatives, prominent lawyers and former deputy attorneys general have jumped into the debate over a Texas death row inmate, condemning a state appeals court and instead siding with the convicted killer whose lawyers are trying to prove he’s too intellectually disabled to execute. In a 24-page friend of the court brief - backed by a coalition including Kenneth Starr, the independent counsel whose probe led to
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., FLA., OHIO, IND.
November 8 TEXAS: Texas prosecutors, death row inmate agree in high court case | The Tribune Harris County prosecutors have filed a motion with the U.S. Supreme Court asking it to determine that a Texas appeals court was wrong to rule that a death row inmate is not intellectually disabled. The filing Tuesday by the Harris County district attorney's office comes after the Texas Court of Criminal Appeals in June ruled that Bobby James Moore is mentally capable enough to execute. The office has previously argued that Moore's intellectual disability should result in a life sentence. The appeals court finding prompted Moore's attorneys to file their 2nd appeal to the Supreme Court. It's unusual in a death penalty case for prosecutors to agree with the defense that a defendant should be spared from execution. Moore was convicted of fatally shooting a Houston grocery store clerk in 1980 during a robbery. (source: Associated Press) PENNSYLVANIA: Forensic scientist testifies in Greensburg murder/torture death penalty trial Investigators found no physical evidence that a mentally disabled woman was raped days before she was stabbed to death in 2010, a witness testified Wednesday at the death penalty trial for 1 of 6 Greensburg roommates convicted in the murder. Forensic scientist Sarah Kinneer told jurors an examination of evidence collected during the autopsy of 30-year-old Jennifer Daugherty revealed no genetic material or DNA to suggest she was raped during the course of her captivity. “A lack of evidence is not unusual in sexual assault cases,” Kinneer said. Her testimony came during the third day of the resentencing trial for Melvin Knight, 29, formerly of Swissvale, Allegheny County, who pleaded guilty six years ago to the 2010 torture slaying of Daugherty. Prosecutors said Knight fatally stabbed Daugherty, who had been held captive for more than two days, beaten and tortured before she was killed. For the second time, the prosecution is seeking a death sentence for Knight. In 2012, he was given the death penalty, but in 2016 a state appeals court vacated that penalty and ordered a new sentencing trial. Prosecutors contend Knight raped Daugherty during her captivity. While he was never charged with a sexual assault, District Attorney John Peck said jurors should consider it as a reason to impose the death penalty. Kinneer was questioned at length by Assistant District Attorney Leo Ciaramitaro about why no physical evidence of rape was found. She testified physical evidence of a sexual assault could have been washed away or eliminated if a rape occurred several days before Daugherty’s death. She also suggested not all sexual assaults result in bodily fluids being left behind. Knight previously denied raping Daugherty but has not contested his role in the killing. Knight claims he is ineligible for the death penalty because of a low intellect and a history of mental illness. Investigators contend Daugherty was killed in the bathroom of the Pennsylvania Avenue apartment where she was held by Knight and his roommates. Evidence that attempts were made to clean blood from throughout the apartment were found during the investigation, according to testimony Wednesday from retired Westmoreland County Detective Hugh Shearer. Knight’s sentencing trial is expected to continue Thursday before Judge Rita Hathaway. (source: triblive.com) NORTH CAROLINA: State seeking death penalty against Trooper Kevin Conner’s accused killer 1 of the 2 suspects charged in the shooting death of NC State Trooper Kevin Conner will face the death penalty. Columbus County District Attorney Jon David said earlier today a Columbus County grand jury issued an Indictment for 1st degree murder against Chauncy Askew in the shooting death of Trooper Conner. David said his office intends to seek the death penalty against Askew. “Earlier this week, I convened a panel of senior prosecutors to meet with me to scrupulously review the evidence and carefully consider the relative culpability of both defendants who are charged in the shooting death of Trooper Kevin Conner,” David wrote in a news release. “At this time, the State elects to seek the death penalty against Chauncy Askew. The case against Raheem Davis remains in District Court and my office will make a charging determination about him at a later date.” Raheem Davis was arrested on October 17, just hours after Conner was shot during a trafic stop on Highway 701 in Columbus County. Investigators say Davis and Askew were together in the truck Trooper Conner pulled over. Surveillance video from a convenience store shows Askew getting in the driver’s seat of the truck. Just 15 minutes later Conner pulled the truck over for speeding and was shot to death. After a manhunt, officers found Davis in Fair Bluff and arrested him. Several days later, law enforcement arrested Askew in South
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., IND., KY., TENN.
November 1 TEXASnew death sentence 'You executed my daughter': Hit man condemned to die for killing Dallas dentist A Dallas County jury on Wednesday condemned to death the hit man in a murder-for-hire plot against an Uptown dentist — a scheme allegedly set in motion by the jealous ex of the victim's boyfriend. Kristopher Love was convicted last week of capital murder in the September 2015 slaying of Kendra Hatcher, who was ambushed and shot in the parking garage of her Dallas apartment complex. "For 3 years, you've only been known as the shooter. I will never call you by your name because you are just the shooter," Hatcher's mother, Bonnie Jameson, told Love after he was sentenced. "You executed my daughter." Love, 34, was paid in cash and drugs for his part in the meticulously plotted crime that was meant to look like a botched robbery. "It was planned. It was thought out," Hatcher's sister Ashley Turner said Wednesday. "It could've been stopped." Love is the 1st Dallas County killer sent to death row since 2013, when 3 people were condemned to die. It took jurors about 3 hours to decide Love's punishment: lethal injection. The death sentence will be automatically appealed. Arguing for the death penalty, prosecutor Kevin Brooks said Love would always be a threat to society and to his fellow prisoners if he were housed with the general population. "If you put this man in gen pop, he becomes the go-to guy if you want something done," Brooks said. After the sentence was read in the courtroom, Love's sobbing mother rushed out to the hallway. Several of his other relatives remained in the courtroom, their bodies shaking from crying. Love didn't show any emotion when the sentence was read and looked back at his family before he was led from the courtroom. Before deciding on punishment, jurors had to determine whether Love was a future threat to society, which can include prison, and whether there were reasons to save his life. Defense attorney Paul Johnson questioned the fairness of Love's sentence when the others involved in the murder-for-hire plot won't receive capital punishment. He said prosecutors didn't prove that Love would be dangerous even behind bars and said the punishment should not be solely about the heinousness of the crime. Hatcher, 35, was found fatally shot in the head on Sept. 2, 2015, in the parking garage of her Uptown apartment building. Prosecutors demonstrated how Hatcher must have looked in her final moments: hands raised behind her head to protect herself with her chin tucked. She was shot in the back of the head. The bullet pierced her spinal cord and exited through her chin. The medical examiner said Hatcher would've labored to breathe during the final minutes of her life. "She knew as she struggled for breath that she was going to die," prosecutor Glen Fitzmartin said in closing arguments Wednesday. "He needs to feel that as well." But Johnson argued that Love was the "instrument" for 36-year-old Brenda Delgado, who was said to be jealous of Hatcher's relationship with Delgado's ex-boyfriend, Ricardo Paniagua. Delgado's capital murder trial has not been scheduled. She can't face the death penalty because of an extradition agreement with Mexico, where she fled after Hatcher's killing. "Kendra Hatcher was dead the moment Brenda Delgado decided to take her life," Johnson said during closing arguments. Several witnesses testified during Love's trial that Delgado had asked them to harm or kill Hatcher. One woman, 26-year-old Crystal Cortes, agreed to act as the getaway driver in exchange for $500. Though originally charged with capital murder like Delgado and Love, she pleaded guilty to a reduced charge of murder in exchange for a 35-year sentence. Cortes testified against Love and is expected to testify against Delgado. Prosecutors argued that Hatcher's death was possible only because Love agreed to kill her. "This wasn't even happening until he said yes," Fitzmartin argued. Prosecutors painted a picture of a career criminal who first got in trouble at age 17 for stealing a car. Defense attorneys portrayed Love as a model inmate and a beloved member of his family. Relatives who testified on Love's behalf Tuesday described him as a loving father of 3. They also said his childhood had been disrupted by his parents' frequent breakups. His mother estimated that she and Love's father separated at least 20 times before ultimately divorcing. Jailers described Love as "peaceful" in the Dallas County Jail and said he caused no problems. Love hadn't shown much emotion or reacted visibly during the trial until Tuesday when his sister, Meisha Beasley, testified. While she spoke of their bond and childhood, Love stood to leave. Several bailiffs hurried over to him to put him back in a cell while jurors were escorted from the courtroom. It was about 20 minutes before he was
[Deathpenalty] death penalty news----TEXAS, PENN., VA., FLA., OKLA., CALIF., ORE.
October 25 TEXASforeign national faces impending execution Mexican national scheduled for execution in Texas despite claims of treaty violations A mentally ill Mexican national with claims of brain damage is set for execution in November, more than 2 decades after he was convicted of killing his wife and 2 youngest children near the southern border. Robert Moreno Ramos is scheduled to die by lethal injection on Nov. 14, according to Texas Department of Criminal Justice spokesman Jeremy Desel. The 64-year-old immigrant was sent to death row in 1993 for the slayings of his wife Leticia and their children, Abigail and Jonathan, who were found buried beneath the bathroom floor in the couple's Hidalgo County home. For years, his lawyers have contended that his execution would be a violation of international treaty as he wasn't properly notified of his right to tell the Mexican consulate about his arrest and request legal assistance from his country. On top of that, they argue, Ramos had abysmal legal representation during trial and jurors never learned about his severely abusive childhood, brain dysfunction, bipolar disorder and low IQ. In February 1992, a neighbor in Progreso heard screams coming from the Ramos home. It wasn't until 2 months later that investigators unearthed the family's remains. That April, Ramos was picked up on an outstanding traffic ticket, then questioned without a lawyer. Eventually, he gave authorities the OK to search his home - and they found blood inside. Under further questioning, records show, Ramos drew police a map to bathroom, where the bodies were buried. But Ramos told investigators he didn't kill his wife and children. Instead, he said that he came home to find his family slain and decided to hide the bodies so his surviving eldest son wouldn't find out. He didn't get a lawyer until 3 months after his arrest, according to defense filings. During his trial, prosecutors argued that he'd beaten to death his wife and 2 children with some type of blunt instrument and then married another woman days later. Defense lawyers argued in the 1993 case that unknown drug dealers committed the triple slaying. After the state introduced testimony implying he'd killed his 1st wife in Mexico, Ramos was convicted and sentenced to death in a matter of hours. In the punishment phase, attorneys for Ramos didn't cross-examine the state's witnesses, offered no evidence and didn't ask the jury to spare their client from the death penalty, according to court records. Mexican authorities learned of Ramos' arrest through news reports nearly a year after the fact, according to court records. During appeals, attorneys for Ramos said that late notification could have made a difference because Mexico often provides extra defense support in capital cases and might have done so had they known sooner. But the state argued that extra help from Mexico wouldn't have resulted in a different outcome. On appeal, Ramos raised concerns about earlier bad lawyering, and also alleged that the state had violated Article 36 of the Vienna Convention on Consular Relations by not telling him about his right to speak to his nation's consulate. Ultimately, the courts refused to grant him relief in part because the Vienna Convention is only enforceable between countries - it's not up to American federal courts to enforce the application of international treaties in individual criminal cases. More than 15 years ago, Ramos was 1 of 54 death row inmates named in a complaint to the United Nations World Court, when Mexico accused the U.S. of violating international treaties and asked for a stay in all of the cases. The international court decided the prisoners should get their cases reviewed. But the U.S. Supreme Court in 2008 deemed that decision unenforceable, unless Congress takes legislative action. Neither Ramos' defense counsel nor Hidalgo County prosecutors responded to requests for comment Friday. The case bears some similarities to that of Ruben Cardenas, another Mexican national who was executed last year amid international outcry and claims of global treaty violations. Despite pushback from Mexico and Cardenas' claims of innocence, the 47-year-old was put to death in November for the murder of his teenage cousin. "It is as if the United States were thumbing its nose at the government of Mexico and the United Nations," Sandra Babcock, a Cornell Law School professor specializing in international issues surrounding capital punishment, told the Chronicle last year. "And when I say the U.S., I should be clear that we're talking about Texas." The Lone Star State has executed 8 men this year, and another 3 - including Ramos - are scheduled for the remainder of 2018. (source: Houston Chronicle) ** Executions under Greg Abbott, Jan. 21, 2015-present37 Executions in Texas: Dec. 7,
[Deathpenalty] death penalty news----TEXAS, PENN., DEL., N.C., S.C., ALA.
Oct. 18 TEXASnew execution date Execution date set for local man who killed 3 over failing marriage 8 days after the U.S. Supreme Court rejected what could be his final appeal, a Waco state district judge set an execution date Wednesday afternoon for a Central Texas man who killed 3 members of his estranged wife's family in 1989. Billy Wayne Coble, 70, initially refused to enter the courtroom for the sentencing hearing Wednesday afternoon after his appellate attorney failed to show up. Waco lawyer Russ Hunt, Jr. was appointed to represent him in the hearing and State District Judge Matt Johnson set a Feb. 28, 2019 execution date. Coble was convicted in 1990 of killing his in-laws, Robert and Zelda Vicha, and their son, Waco police Sgt. Bobby Vicha, at the family's Axtell home After shooting the three, Coble kidnapped his estranged wife, Karen Vicha, threatened to sexually assault and kill her, but was injured when he crashed his vehicle during a police chase in Bosque County. Coble has a list of appeals, the only 1 successful filed in 2007 with the U.S. Fifth Circuit Court of Appeals that resulted in the dismissal of the death sentence and an order for re-trial on punishment after the court's opinion stated Coble’s jury faced 2 questions that were unconstitutional. The punishment re-trial ended with the same result, a death sentence. A retired police officer who worked on the Coble case and a current district judge who back then was a prosecutor and who took Coble to trial on the capital murder case for the 1st time were among a few dozen people who crowded into the 54th District Courtroom on Wednesday to watch the hearing. After a few minutes the judge asked one of the bailiffs why Coble wasn't in the courtroom and the bailiff said he was refusing to leave the holding cell. Johnson sent a squad of bailiffs to retrieve Coble, but they reported he refused to come to the courtroom, after which Johnson called the case, read the preliminary documents concerning the appeals Coble has filed since his conviction, and then set the date. Truman Simons, a former police officer, sheriff's deputy and now a private investigator, worked on the Coble case back in 1989. "He killed his (father-in-law) 1st and wrapped him up in a rug," Simons said. "Then he tied up the 2 kids and shot Bobby Vicha. "Then he ...waited in the garage where he killed Zelda (Vicha) and kidnapped (his estranged wife) Karen," Simons said. Former McLennan County Assistant District Attorney J.R. Vicha, o1 of the 2 children Coble tied up that day, was only 11-years-old at the time his family was murdered. The boy, along with 2 of his cousins, were tied up inside the home while the killings took place. During the 2008 punishment re-trial trial, prosecuted by retired Assistant District Attorney Crawford Long, Long told the jury that Coble "has a heart filled with scorpions." (source: KWTS news) Executions under Greg Abbott, Jan. 21, 2015-present37 Executions in Texas: Dec. 7, 1982present-555 Abbott#scheduled execution date-nameTx. # 38-Oct. 24Kwame Rockwell556 39-Nov. 7-Emanuel Kemp, Jr.---557 40-Nov. 14Robert Ramos558 41-Dec. 4-Joseph Garcia-559 42-Dec. 11Alvin Braziel, Jr.-560 43-Jan. 15Blaine Milam--561 44-Jan. 30Robert Jennings---562 45-Feb. 28Billy Wayne Coble---563 (sources: TDCJ & Rick Halperin) *impending execution Kwame Rockwell Will Be the Next Disabled Person Executed by AmericaAmerica's courts still don't have clear protections for defendants with severe mental illness. Unless last-ditch appeals are successful, the next person to be executed in the United States of America is going to be Kwame Rockwell. The Texas Department of Criminal Justice has scheduled his execution for October 24th. The state had planned to execute Rockwell along with another prisoner, Juan Segundo, but Segundo's death was stayed by the Texas Court of Appeals. Together, the cases epitomize deep problems with enforcement of the death penalty. Both prisoners are people of color in a state where prosecutors overwhelmingly only seek the death penalty against non-white offenders, and both are disabled. Segundo has an intellectual disability, and last year the Supreme Court finally established clarity around diagnostic standards required to exempt people with such conditions. Rockwell has schizophrenia. His lawyers didn't bring it up at trial, and appeals courts refused to consider his condition. America still doesn't have clear protections for people with severe mental illness. These 2 cases in
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., OHIO, WASH.
October 14 TEXAS: Final arguments set in death penalty appeal Closing arguments are scheduled this week in the appeal of a death penalty capital murder case from Hunt County. Micah Crofford Brown was convicted of capital murder and sentenced to death by lethal injection in connection with the 2011 shooting death of his ex-wife Stella Michelle "Doc" Ray, a Caddo Mills Independent School District teacher. Testimony in the evidentiary hearing regarding Brown's latest appeal ended in late July. Attorneys from both sides are scheduled to make their final arguments Wednesday morning before 196th District Court Judge Andrew Bench. At the close of the evidentiary hearing, Bench said the attorneys would await opportunities to review an official transcript of the hearing, before presenting their "facts and conclusions of law.'" Bench said once those documents were presented to his court, he would schedule a hearing for both sides to present their final live arguments before he makes a ruling in the appeal. Brown, of Greenville, was convicted in May, 2013 and sentenced to death by lethal injection, He does not yet have an execution date scheduled. Testimony during the trial indicated Ray was shot and killed in Greenville on the night of July 20, 2011 as the result of a dispute with Brown concerning the couple's 2 children. After the conviction and death sentence were upheld by the Texas Court of Criminal Appeals, a post conviction writ was filed on Brown's behalf in 2015 by the Office of Capital Writs, a state agency charged with representing death-sentenced persons in state post-conviction habeas corpus and related proceedings. The 124-page document listed multiple alleged issues with Brown's conviction and sentence, including ineffective assistance by the trial and appeals defense attorneys, improper arguments by prosecutors during the punishment phase, and failure to present evidence during the punishment phase that Brown suffers from an autism spectrum disorder, a developmental disorder that affects communication and behavior, which may have mitigated the jury’s decision to issue the death penalty. (source: Herald Banner) PENNSYLVANIA: Death Penalty Sought in Toddler's Death Prosecutors have announced plans to seek the death penalty in the death of a toddler in Pennsylvania earlier this year. The (Altoona) Mirror reports that 19-year-old Drue Burd of Altoona pleaded not guilty Friday to homicide, aggravated assault, strangulation and related charges. Police allege that he told investigators he put his hand over the mouth and nose of 16-month-old Angela Beard in May to make her fall asleep. She was pronounced dead at a Pittsburgh hospital. Prosecutors said they will seek capital punishment if he is convicted of 1st-degree murder. The judge Friday barred attorneys from publicly commenting about the case, saying she wanted to avoid pre-trial publicity and to ensure a fair and impartial trial. (source: Associated Press) NORTH CAROLINA: District attorney pursues death penalty despite odds Despite the odds, a district attorney is pursuing the death penalty for the four prisoners charged with killing a manager, a mechanic and 2 corrections officers in the deadliest prison escape attempt in the state's history. The case meets almost every standard for capital punishment, said Andrew Womble, district attorney for northeastern North Carolina. But the reality is that it's been 12 years since an inmate was executed in North Carolina, according to the state's Department of Corrections. The state has 141 inmates on death row. The oldest case goes back to 1985, and the most recent one is from 2016, according to the state. "The death penalty is all but extinct in North Carolina," according to a report by The Center for Death Penalty Litigation, a Durham, N.C. nonprofit. "It is a relic of another era." For the district attorney, the effort is worth pursuing. The circumstances of the brutal killings, he said, are enough to justify the punishment he is seeking. "These four scream for the death penalty," Womble said in an interview this week. "I feel incredibly confident about this case." A year ago today, four prisoners started a fire inside the Pasquotank Correctional Institution north of Elizabeth City and attempted to escape. During the chaos, four employees were killed with hammers and scissors from a sewing plant inside the facility off U.S. 17 where the prisoners worked. Mikel Brady, Jonathan Monk, Seth J. Frazier and Wisezah Buckman were charged with 1st-degree murder. Killed were Veronica Darden, manager of the sewing plant, Geoffrey Howe, a mechanic, and corrections officers Justin Smith and Wendy Shannon. All four prisoners were serving time for violent crimes. The prison was short 84 positions, about a quarter of the recommended staff, according to a report released in January by the The
[Deathpenalty] death penalty news----TEXAS, PENN., VA., N.C., OHIO, TENN., USA
October 10 TEXAS: Judge recommends new trial for Texas death row inmate Rigoberto AvilaThe state's highest criminal court will now weigh the recommendation. An El Paso judge on Tuesday recommended a new trial for Rigoberto Avila, a death-row inmate sentenced in the 2000 death of a 19-month-old, based on new doubts over the scientific testimony used to convict him. That's largely the result of a trailblazing 2013 Texas law that allows courts to overturn a conviction when the scientific evidence that originally led to the verdict has since changed or been discredited. While that law, often referred to as the "junk science law," has sent several death penalty cases back to court for further review, Avila, 46, is the 1st inmate to receive a favorable recommendation from a district court. The case now heads to the Texas Court of Criminal Appeals, which will weigh Perez's recommendation. In a 2001 trial, El Paso County prosecutors claimed Avila had killed his girlfriend’s infant son, Nicolas Macias, while babysitting him in 2000. Avila's lawyers claimed he did not hurt the child and that the fatal injuries could have been caused by Nicolas' 4-year-old brother. Prosecutors said it would have been practically impossible for a toddler to have caused such injuries so it must have been Avila. "There's no other way the kid could have died," prosecutors told the jury at trial. Judge Annabell Perez examined new scientific evidence and concluded that if that evidence had been available at trial it "probably would have led jurors to harbor reasonable doubt about his guilt" and that "the State presented false and misleading evidence and argument" that likely affected the jury's judgment. Avila was originally set for execution in 2013, but he petitioned for a new trial the same week the new law went into effect. In March 2017, the court held a multi-day hearing, which included expert testimony indicating the 4-year-old "may have been physically capable of" causing the fatal injuries, according to Perez's Oct. 9 order. "The new scientific evidence creates a compelling case for Mr. Avila's innocence, and a judge has now found that the verdict against him rests on false and misleading testimony," Avila's attorneys, Cathryn Crawford and Rob Owen, said in an emailed statement. "After spending 17 years on death row - and facing 4 serious execution dates - for a crime he did not commit, Mr. Avila is anxious to present the reliable scientific evidence to a jury." (source: The Texas Tribune) *** U.S. Supreme Court rejects appeal in Coble death penalty caseBillie Wayne Coble has been on death row since 1990. The U.S. Supreme Court rejected Billie Wayne Coble's final appeal in his 1990 capital murder case Tuesday, all but guaranteeing him the death penalty. Coble, 70, was convicted of killing the parents and brother of his estranged wife in 1989 in Axtell. In 2007, the 5th U.S. Circuit Court of Appeals dismissed Coble’s original death sentence and ordered a new punishment trial, saying jurors faced two unconstitutional questions during sentencing. Trial evidence showed Coble was upset over the failure of his marriage and killed his wife's parents, Robert and Zelda Vicha, and her brother, Waco police Sgt. Bobby Vicha, in their homes in Axtell. J.R. Vicha, a Waco attorney and former McLennan County prosecutor, was 11 at the time of the slayings of his father and grandparents and was tied up by Coble, along with 2 cousins. Coble kidnapped his estranged wife, Karen, and threatened to rape and kill her. Coble and his wife were injured after a high-speed chase with police in Bosque County. "Just as there are many men who have died that deserved to live, there are some who live that deserve death," Vicha said in an email on Monday. "Mr. Coble is without question one of those that deserves death. Although this justice has been delayed for nearly 30 years, it still needs to be done and I'm glad it's a step closer." Crawford Long, who prosecuted Coble's case in the 2008 punishment trial, once said Coble has a "heart full of scorpions." Coble's attorney, A. Richard Ellis of California, could not be reached Tuesday. (source: Waco Tribune-Herald) PENNSYLVANIA: Gov. Tom Wolf wrong that report backs his death penalty moratorium Pennsylvania Gov. Tom Wolf has twice claimed recently that a state Senate report released this summer recommended continuing his moratorium on the death penalty. The Democratic governor, who has called Pennsylvania's death penalty system "ineffective, unjust and expensive," instituted the moratorium shortly after taking office in 2015, fulfilling a campaign promise. He said it would remain in place until he could review the Senate report, which was already years in the making when he took office. Although Pennsylvania has 144 people on death row, the most recent execution was nearly 2 decades
[Deathpenalty] death penalty news----TEXAS, PENN., VA., N.C., FLA.
September 20 TEXASnew execution date and 2 impending executions Death Watch: Double Dose2 executions in Huntsville next week 2 inmates face executions next week. Troy Clark is scheduled for lethal injection on Wednesday, Sept. 26. Daniel Acker is due the following evening. Both men claim they had no hand in the murders for which they were convicted, but for Clark, that insistence seems to have fallen on deaf ears. The most recent filing in his case was last November when the U.S. Supreme Court denied his appeal. Clark, from Tyler, Texas, was found guilty of the 1998 murder of Christina Muse, who was beaten and drowned in a bathtub, before her body was shoved into a barrel of lime and cement mix. According to the Houston Chronicle, Clark and some friends dumped the barrel in a remote area of the property that he lived on. When law enforcement found Muse's remains, they located a 2nd body decomposing nearby. Clark's original appellate lawyer Craig Henry argued that Clark's trial lawyer was "deficient" in his counsel, but Clark's second appellate attorney Jeffrey Newberry argued the same thing about Henry. In a 2014 appeal, Newberry wrote, "Henry's failure to present the mitigating evidence [to the appeals court] prevented the Fifth Circuit from considering ... evidence that transformed Clark's ... claim to such a degree that it was no longer the claim presented." But it's not clear what Newberry has since done to continue legal efforts on Clark's behalf. Today, anti-death penalty groups are calling on Gov. Greg Abbott and the Board of Pardons and Paroles to halt Clark's execution, including Dead Man Walking author Sister Helen Prejean. Acker, however, is in the throes of last-minute appeals. On Tuesday, Sept. 18, the Court of Criminal Appeals denied his latest request for relief as well as his motion for a stay. Though his clemency application is still pending, his attorney Richard Ellis confirmed Tuesday that he'll continue to fight for Acker's life, and said an appeal to SCOTUS is likely his next step. Acker, from Hopkins County, was convicted of capital murder in 2001 for the strangulation and dumping of his girlfriend Marquetta George's body. Since his arrest, Acker has held that George jumped out of his moving vehicle during a heated argument and was likely hit by another car. His most recent appeal alleges his innocence and argues that his due process was denied by the trial court's exclusion of evidence, as well as "false," "misleading," and "error"-filled testimony. Specifically, Acker's counsel claims it would have been all but impossible for him to strangle George while driving. The prosecution's trial argument relied heavily on the strangulation theory, but the state and its medical examiner later disavowed the possibility during a 2011 federal evidentiary hearing. The doctor suggested George was never strangled, and the prosecution then "contended that Mr. Acker pushed Ms. George from the truck, a theory that was never presented to Acker's jury." But that wasn't enough to sway the CCA. If last-minute relief is not granted, Clark and Acker will be the ninth and 10th inmates executed in Texas in 2018. (source: Austin Chronicle) * Alvin Braziel has been given an execution date for December 11; it should be considered serious. Executions under Greg Abbott, Jan. 21, 2015-present35 Executions in Texas: Dec. 7, 1982present-553 Abbott#scheduled execution date-nameTx. # 36-Sept. 26---Troy Clark--554 37-Sept. 27---Daniel Acker555 38-Oct. 10Juan Segundo556 39-Oct. 24Kwame Rockwell--557 40-Nov. 7-Emanuel Kemp, Jr.558 41-Nov. 14---Robert Ramos--559 42-Dec. 4-Joseph Garcia---560 43-Dec. 11Alvin Braziel---561 44-Jan. 15Blaine Milam562 45-Jan. 30Robert Jennings-563 (sources: TDCJ & Rick Halperin) PENNSYLVANIA: Hearing for death row inmate set for Nov. 7 Convicted killer and death row inmate Brentt M. Sherwood is scheduled to appear in a Post Conviction Relief Act petition hearing Nov. 7 in Northumberland County Court. Following a status conference on Wednesday in front of Senior Judge Harold F. Woelfel Jr., defense attorney Edward J Rymsza, of Williamsport said the hearing at 1:15 p.m. in Jury Room 1 will involve Rule 801, which deals with the prior counsel's qualifications for defense in capital cases. Attorney William Ross Stoycos, of the state Attorney General's Office, declined comment. Sherwood, 39, who was convicted 11 years ago of beating his 4 1/2 -year-old stepdaughter to death, did not appear in court on
[Deathpenalty] death penalty news----TEXAS, PENN., GA., LA., OKLA., NEB., NEV., ARIZ., WASH.
September 11 TEXAS: WTAMU to host a death penalty debate WTAMU students will get the chance to witness a debate on a divisive topic. The school's Department of Criminal Justice will be hosting a debate on the death penalty on September 11 at 6:30 p.m. The debate will host guest speakers James Farren, former district attorney for Randall County, Jeff Blackburn, defense attorney and Dr. Keith Price, retired warden and criminal justice professor. It is free and open to the public and will take place in Legacy Hall in the Jack B. Kelley Student Center on WT's campus. (source: KFDA news) PENNSYLVANIA: Saranchak leaves death row, will spend life behind bars Daniel M. Saranchak, who murdered his grandmother and uncle in October 1993 in East Norwegian Township, will not be executed for his crimes, but will spend the rest of his life in prison after a Schuylkill County judge sentenced him on Monday. Making it clear that he never wanted to deal with him again, Judge Cyrus Palmer Dolbin imposed 2 consecutive life sentences on Saranchak, 50, of Pottsville, for killing Stella Saranchock and Edmund "Edju" Saranchak, plus an additional 25 to 50 years in a state correctional institution for other crimes. "We're not going to try the case again," Dolbin told a combative Saranchak, who is serving his time at SCI/Greene and participated in the 30-minute hearing by videoconference. "This is the end of the road." In Pennsylvania, a life sentence does not include a chance for parole. Dolbin's resentencing of Saranchak, who made it clear that he disliked the judge, followed Angela M. Regnier, great-niece and cousin of the victims, describing the killer as a heartless man who tore 2 holes in his family. "I have experienced heartache and loss," Regnier testified. "Stella and Edju were loved by many." Monday's hearing ended a 25-year odyssey during which Saranchak came within 45 minutes of execution before a federal judge spared his life. Saranchak pleaded guilty on Sept. 1, 1994, before Dolbin to 2 counts each of criminal homicide, robbery, criminal solicitation and conspiracy, 4 of aggravated assault and 1 of burglary. Dolbin then presided over a nonjury degree of guilt hearing with respect to the criminal homicide charges and, on Sept. 8, 1994, convicted Saranchak of 2 counts of 1st-degree murder. Saranchak opted to have a jury decide his sentence; jurors ruled Sept. 16, 1994, that Saranchak should get the death penalty. However, after many appeals in state and federal courts, a three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled in 2015 that Saranchak did not receive effective legal representation during the sentencing hearing before the jury and overturned his death sentence. Saranchak was to be executed at 7 p.m. Nov. 8, 2000, at SCI/Rockview, Centre County, but the 3rd Circuit issued an order at 6:15 p.m., staying the death sentence to allow for additional appeals. State police at Schuylkill Haven charged Saranchak and Roy W. Miles Jr., New Philadelphia, with entering the Five Points home of Stella Saranchock, 78, and her son, Edmund Saranchak, 57, between 10 p.m. Oct. 15, 1993, and 2 a.m. Oct. 16 and shooting them. Stella Saranchock spelled her last name differently that her son did. Miles pleaded guilty on Aug. 26, 1994, to third-degree murder and related offenses. Dolbin sentenced him on Oct. 31, 1994, to serve 11 to 40 years in a state correctional institution. Miles died on Sept. 18, 2017, at SCI/Huntingdon. During Monday's hearing, Saranchak complained about both Dolbin and Jeffrey M. Markosky, Mahanoy City, his newest lawyer. "You're still sitting on this case," but should not be, Saranchak said to Dolbin. He did not make clear why he wanted Dolbin removed from the case. He also complained that Markosky has not adequately represented him. "He's not going to appeal it," Saranchak said of Markosky's reaction to Dolbin's sentence. "He's done nothing." During her testimony, Regnier asked Saranchak questions, to which he paid no attention. "Did she say your name? Did she see you?" Regnier asked of his encounter with his grandmother. "I ask you 1 question, Daniel Michael Saranchak: Was it worth it?" In addition to Regnier, her father, Robert Mestishen; Michele Saranchok-Parker, Edju's daughter and Stella's granddaughter; and Dolores Perzel, Edju's ex-wife, attended Monday's hearing, but none of them spoke during it. Markosky and Senior Deputy Attorney General Andrew M. Notaristefano each declined to comment on the case after the hearing. Defendant: Daniel M. Saranchak Age: 50 Residence: Pottsville Crimes committed: 2 counts each of criminal homicide, robbery, criminal solicitation and conspiracy, 4 of aggravated assault and 1 of burglary Sentence: 2 consecutive life sentences plus an additional 25 to 50 years in a state correctional institution (source: Republican Herald)
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., TENN., ARK., COLO., ARIZ., CALIF.
August 19 TEXAS: Young widow at center of Houston 'honor killings' speaks out to raise awareness Nesreen Irsan finally had a night without nightmares. The 30-year-old widow at the center of Houston's 2 "honor killings" 6 years ago was able to sleep peacefully Tuesday night, the day her Jordanian father was sentenced to death row. It was the 1st time since running away from home and converting to Christianity in 2011 that she did not have nightmares about being hunted by her father and other family members, an ordeal she detailed exclusively for the Chronicle this week. "I grew up with this murderer and he boasted about it. I was terrified of him," she said from an undisclosed location. "You don't have anywhere to run. You're a prisoner. You're a prisoner in your own life." Despite getting restful sleep, she will likely never stop looking over her shoulder or carrying a gun. Nesreen continues to fear the friends and family members that her father, Ali Mahwood-Awad Irsan, enlisted to help stalk her for leaving Islam. She is taking appropriate precautions, including not talking about what part of the country she lives in or using social media. Still, to help deal with the grief, sadness and guilt she has about what happened, she spoke out to raise awareness about honor violence in America. "I think the story needs to be told. There are things that are going on that people need to know about," she said. "Even today, people are still terrified of him, even though he's on death row. There are people who still believe in what he was doing." On Tuesday, Irsan, 60, sat at the defense table in a Harris County courtroom and bowed his head slightly as he was sentenced to death for a pair of 2012 "honor killings" that were part of an extensive plot to ultimately take the lives of 5 people, including Nesreen, then 24. The devout Muslim patriarch was able to kill her husband, 28-year-old Coty Beavers, and close friend, Gelareh Bagherzadeh, a 30-year-old medical researcher and Iranian activist who championed women's rights. As she works to put her life back together, there have been bright spots including reconnecting with her mother who left her father 22 years ago and an older sister. But it's a bittersweet reunion after everything that has happened. "I will carry this guilt forever," she said. "I think the Lord will take the bad things and heal you and I think that good will come out of this and I pray for that." Nesemah, her older sister, also expressed deep relief by the death sentence given her father and wants to spend her time helping people understand that honor killings are real. "The world is a safer place knowing that a man who was capable of anything and everything will no longer hurt anyone else," Nesemah said in a statement. "Living through this ordeal has made me stronger and I would like to help others who are currently in this type of situation." For Nesreen, it's tough to have friendships or relationships. "I want to make friends, but I'm afraid because I don't want something to happen to them," she said. "Even when I make friends, they're scared to be my friend. They're scared to hang out with me." She said it has also been hard to find gainful employment in the medical field because of her connection to a murderous father. Andy Kahan, director of Victim Services and Advocacy at CrimeStoppers of Houston, said it was common for family and friends of murder victims to blame themselves or feel guilt. "Sometimes the 'survivor's guilt' becomes overwhelming and can sometimes even become obsessive," he said. Kahan said he'd never heard of a victim losing out on job opportunities because of their connection to a high-profile defendant. "You can only hope that time will heal and she'll be able to resume her life without being tainted or being seen in the same light as her father," he said. The United Nations released a report in 2000 estimating about 5,000 honor killings around the world every year, but women's right's groups say the number is closer to 20,000. A report commissioned by the U.S. Department of Justice in 2015 estimated that there are 23 to 27 honor killings each year in the U.S. every year. And in the last 10 years, there have been well-publicized honor killings in Arizona, New York and north Texas. "Unfortunately, honor killings are happening in the United States. We hope that law enforcement agencies are paying attention and are taking the necessary steps to train and educate their personnel about the culture, so that senseless killings can be prevented one day," said Anna Emmons, one of the special prosecutors who put Irsan on death row along with Marie Primm and Jon Stephenson. During her father's capital murder trial, Nesreen was called twice to testify about the daily beatings and threats on the lives of his children if they left his rural Montgomery County compound or violated any of
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., VA., OHIO, MO.
August 18 TEXAS: State drops death penalty in McDonald case After 3 years of holding a death sentence over Todric Deon McDonald's head, prosecutors said Friday they will not seek the death penalty if McDonald is convicted in a 2014 double murder. Prosecutor Robert Moody told 19th State District Judge Ralph Strother at a status hearing Friday that family members of the victims are fine with the decision as long as there are no more delays in getting the capital murder case to trial. The family is more interested in seeing that the Feb. 10 trial date comes off as planned and was aware defense attorneys John Donahue and Jon Evans likely would have sought another delay had prosecutors continued to pursue the death penalty, Moody said. Evans and Donahue declined comment on the state's decision after the brief hearing. Moody also declined comment. McDonald, 31, is charged in the May 2014 shooting deaths of cousins Justin Javier Gonzalez and Ulysses Gonzalez at the Pecan Tree Apartments, 2600 Grimm Ave. Both men died from multiple gunshot wounds. Prosecutors announced in May 2015 that they would seek the death penalty in the case. With the threat of the death penalty now removed, McDonald faces life in prison without parole if convicted. "That does simplify logistical issues at the very least," Strother said of the decision. In death penalty cases, potential jurors are interviewed individually by prosecutors and defense attorneys, an arduous process that can take up to a month to complete. The victim's mothers, Mary Rodriguez and Maria Gonzalez, and other family members have attended most of the pretrial hearings in McDonald???s case for the last couple of years. At the last hearing in June, at which Strother set the February trial date, Mary Rodriguez, mother of Justin Gonzalez, said, "Thank Jesus." "I feel good that it is finally coming to an end," she said. "It has taken so long. It has been frustrating. But we are glad and relieved that we finally have a trial set." No family member of either victim attended Friday's hearing. A status conference in the capital murder case of McDonald's co-defendant, Tony Olivarez, 33, is set for Nov. 16 in Waco's 54th State District Court. No trial date has been set in Olivarez's case. (source: Waco Tribune-Herald) PENNSYLVANIA: York County double murderer's death sentence to be thrown out The death sentence of convicted Fawn Township home-invasion double murderer Paul Jackson Henry III is expected to be thrown out in less than 2 months. Prosecutors, Henry's attorneys and presiding Common Pleas Judge Michael E. Bortner discussed the issue in open court on Friday, Aug. 17. Both the prosecution and defense agree that state law requires the sentence be vacated. Defense attorneys Farley Holt and Suzanne Smith said after that happens, there are 3 possible outcomes. First, Henry can accept the prosecution's offer of life in prison without the possibility of parole. But taking the deal would require him to give up all his future appeal rights, according to Holt. Second, an entirely new jury can be chosen to decide whether Henry should receive life in prison or the death penalty. "But that would basically result in retrying the majority of the case again," Holt said, since the new jurors didn't preside at trial and will know nothing about the case. Third, Henry could choose to allow Judge Bortner to make that decision without a jury. "The commonwealth cannot oppose the defendant's motion on this particular point," chief deputy prosecutor Scott McCabe told the judge, because the state Supreme Court has been clear about the issue. After Friday's hearing, first assistant district attorney Jen Russell said it's unfortunate that the victims' loved ones cannot yet find a measure of closure. However, she said, "It's important that the letter of the law be followed exactly," especially in death-penalty cases. The background: A York County jury on May 22 found Henry guilty of 2 counts of 1st-degree murder and 1 count of robbery for a Sept. 13, 2013, Fawn Township home invasion during which Henry fatally shot Danielle Taylor, 26, and heroin dealer Foday Cheeks, 31. Veronique Henry, 32, also was arrested and charged with the murders of Taylor and Cheeks, who was her heroin dealer and former lover. She hanged herself in York County Prison two days after the murders and a day after she and her husband were captured in Dauphin County after a police chase. Henry blamed his dead wife for the crimes, but jurors decided he was guilty and that he should die for his crimes. Henry's motive was rage, York County District Attorney Dave Sunday has said. Trial testimony revealed Veronique Henry was a heroin addict who lived with and was sexually involved with Cheeks earlier in 2016, when she and her husband were temporarily split up. Sunday has said that while the Henrys stormed into
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., OHIO, ARK.
July 6 TEXAS: San Antonio death penalty case ends in mistrial over attorney's health A lawyer's injury prompted a judge here Thursday to declare a mistrial in what would have been the 1st capital murder death case tried in San Antonio since 2015 when a man got death for killing a Bexar County Sheriff's sergeant. Brian Flores was 33 and already in jail on 2 other charges when he was arrested and charged with capital murder-multiple persons in the deaths of Joshua Rodriguez, 18, and Victoria Dennis, 17. The homicides occurred at the Churchill Park complex in the 1200 block of Patricia Drive on Sept. 29, 2015. The teens allegedly were killed over a sex tape that involved Rodriguez and a female not identified in an arrest warrant affidavit released at the time. Reports indicate Rodriguez was threatened over social media involving a photograph of him and another woman. That woman told authorities her boyfriend might have asked Flores to intervene. Prosecutors Jason Goss and Gretchen Flader began jury selection weeks ago with Flores' attorneys, Ed Camara and David Woodard. However, Camara recently suffered a concussion after he fell and hit his head June 18, which delayed proceedings. His doctor, Burton Shaw, said he examined Camara, 77, on Monday and that he has post-concussion syndrome, can't walk a straight line, and "is a little slower and muted in his responses." In a hearing Thursday, Goss and Woodard argued before Visiting Judge Susan Reed, who is presiding over the case, regarding Camara's competency since the injury. Each questioned Shaw on his health and whether he could continue seating a jury, which, in a death penalty case, can take up to a month, as compared to one day to seat a panel for other cases. "I think you'd have difficulty making the case that he's competent," Shaw said under direct questioning by Goss. "Sometimes (recovery time for concussions) can be a matter of weeks, sometimes months. Most people, 3 months." Shaw did say he felt Camara could do "office work," sit at a desk, and agreed with Goss that he likely could continue picking a jury. But Woodard contended the doctor had no idea what goes into jury selection. Goss asserted Flores' attorneys were attempting to drag out the case with continuances. "He wants a continuance that takes us into the next (district attorney) administration," Goss told Reed. "Even with this break, we still can seat a jury in August. We can finish it (the trial) before September. As the doctor testified, this is a bump on the head." Goss also stressed that the state had subopoenaed more than 100 witnesses, and if proceedings halted, they would have to find them all over again. Woodard countered that the court should grant a mistrial because there's no telling when Camara will be ready. "This is a 77-year-old man with a concussion. We're not talking about a small child or a teen," Woodard said. He also accused the state of rushing to put Flores, now 36, to death, and without the attorney requirements for defendants facing execution. Texas law holds lawyers representing capital murder defendants to a higher standard and gives specific experience requirements for 1st- and 2nd-chair attorneys. "We need to take our time," he said. "He (Flores) only has 1 attorney." Reed acknowledged 4 jurors already had been seated, but said she would order them to be released. "If we want to call it a mistrial, that'll be what it's called. Mr. Camara is removed, another (attorney) will be appointed," she said. Reed was expected to set a hearing for a later date. Flores' case would have been the 1st death penalty case in Bexar County since 2015 when a jury sent Mark Anthony Gonzalez to death row for killing Sgt. Kenneth Vann. On May 28, 2011, Vann was shot 26 times and nearly decapitated while he sat at a stoplight in Southeast Bexar County. (source: San Antonio Express-News) More testimony expected in Houston 'honor killings' as death penalty trial resumes The capital murder trial of a devoutly religious father who is facing the death penalty for allegedly orhestrating the "honor killings" of both his son-in-law and his daughter's best friend is expected to resume Thursday, after a break for the 4th of July holiday. Ali Mahwood-Awad Irsan, 60, a Jordanian immigrant and fervent Muslim, is accused of killing his son-in-law, Coty Beavers, 28, and his daughter's best friend because she supported his daughter's conversion to Christianity and marriage to a Christian. Prosecutors have said Irsan, who lived in a rural Montgomery County compound with his 12 children, planned to kill his daughter, Nesreen, as well. He wanted to slay the people she loved first "so she would suffer more," prosecutors said. Opening statements are set to begin Monday in the death penalty trial of a Jordanian immigrant accused in a pair of "honor killings" that shocked Houston.
[Deathpenalty] death penalty news----TEXAS, PENN., LA., OHIO, TENN., KAN., COLO., CALIF., USA
June 23 TEXASimpending execution Judge rejects Houston serial killer's claims he's too ill to be executed Danny Bible is scheduled for execution Wednesday. A federal judge this week rejected a Houston serial killer's argument that he should get a stay because he's in such bad health he can't be executed. Danny Bible is scheduled to die by lethal injection Wednesday, but in recent weeks his attorneys have said the aging quadruple murderer has such bad veins that any attempts to execute him could end in a gruesomely botched procedure. But federal judge on Thursday deemed his claims "speculative" and "hypothetical" and faulted the defense for not raising such concerns sooner. Any difficulty finding a usable vein would fall into the category of an "isolated mishap" that wouldn't rise to the level of cruel and unusual punishment, the court said. "In the end, the Constitution does not guarantee a painless death," Judge Kenneth Hoyt wrote. "Bible surely shows that his execution will result in discomfort and some level of pain. The pain he describes, however, does not rise to the level requiring this Court to take the drastic step of intruding into the execution process." After the federal district court denied his legal claim, Bible on Thursday filed a notice of appeal in the 5th U.S. Circuit Court of Appeals. The 66-year-old also still has an appeal pending in state court, where he's arguing that his lawyers in 2003 should have demanded a new trial after he was severely disabled in a head-on car wreck on the way to prison. That crash, his current lawyers argue, left Bible in a wheelchair and made him no longer a future danger - one of the requirements for a death sentence in Texas. The death row inmate is also waiting on word regarding a clemency petition filed with the state's parole board. In the 27-page plea for reprieve, Bible argues that he's a changed man, one who's found God, feels remorse and is no longer capable of posing a threat. He also delves into his abusive childhood, psychological problems, a past suicide attempt and current medical problems, including everything from Parkinson's to diabetes to chronic necrotizing pancreatitis. Bible was sentenced to death in 2003, after he confessed to the 1979 slaying of Inez Deaton. The young mother had been stabbed 11 times with an ice pick and left along the slope of a Houston bayou. For 2 decades, the murder went unsolved, but Bible's violent streak continued. In 1984, he was sent to prison for killing his sister-in-law Tracy Powers and her infant son Justin. Then, he killed her roommate, Pam Hudgins, and left the woman's body hanging from a roadside fence. He was released after 8 years behind bars, and went on to rape and molest multiple young relatives, including a 5-year-old. In 1998, he raped a woman in a Louisiana motel room, then stuffed her in a duffel bag before she broke free and called for help. Bible was eventually caught in Florida, and freely confessed to his crimes under questioning. Texas has already executed 6 men this year, including another Houston serial killer, Anthony Shore. Aside from Bible's, there are 8 other death dates on the calendar in Texas. (source: Houston Chronicle) * Executions under Greg Abbott, Jan. 21, 2015-present33 Executions in Texas: Dec. 7, 1982present-551 Abbott#scheduled execution date-nameTx. # 34-June 27Danny Bible-552 35-July 17Christopher Young---553 36-Aug. 30Joseph Garcia---554 37-Sept. 12---Ruben Gutierrez-555 38-Sept. 26---Troy Clark--556 39-Sept. 27---Daniel Acker557 40-Oct. 10Juan Segundo558 41-Oct. 24Kwame Rockwell--559 (sources: TDCJ & Rick Halperin) * Death penalty sought in trial of inmate accused of killing Abilene corrections officer The death penalty will be sought during the Capital Murder trial of an inmate accused of killing a corrections officer at an Abilene prison in July of 2016. Dillion Gage Compton, 21, will stand trial for the death of Officer Marianne Johnson in Jones County beginning on August 13 - a proceeding which could take weeks to complete due to the high-profile nature of the crime. Compton appeared in court for a pre-trial hearing Friday, where legal teams reviewed evidence with the judge, a date was set, and State Prosecutors made it known they were seeking the death penalty. Officer Johnson was found unresponsive in the kitchen area of the French Robertson Unit in Abilene around 3:00 a.m. the morning of July 16, 2016. A press release says Compton, "who was assigned to the kitchen area, allegedly attacked Officer Johnson when she
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., GA., FLA., ALA., OHIO, IND., KY.
June 15 TEXAS: Ex-Doctor Charged In Rape, Murder Of Woman Who Died 30 Years Later Prosecutors in Dallas say an ex-physician was charged in the death of a woman left incapacitated after being sexually assaulted and strangled in 1988. Dallas County jail records show 56-year-old George Guo was being held Thursday on a capital murder charge with a $5 million bond. The Dallas County District Attorney's Office says Guo was arrested Wednesday in Houston for the June 1988 attack on Dr. Katherine Bascone in Highland Park. The attack left the 28-year-old unable to control her extremities, confined to bed, in need of rehabilitation and needing lifetime assistive/nursing care. She died in earlier this year. Authorities say DNA testing was part of the investigation. Guo, a registered sex offender, faces life in prison without the possibility of parole and is eligible for the death penalty. He was convicted in 1991 for a home burglary in Highland Park where he broke into apartment of a 19-year-old SMU student and began to sexually assault her when the police were able to break down the door of the apartment and catch Guo in the act. A licensed medical doctor at the time, police found Guo is possession of a ski mask, military tear gas (mace), screwdrivers, a glass cutter, condoms, and multiple syringes filled with hospital grade sedatives. In 1999, in Meadows Place, Texas, a suburb of Houston, Guo was caught breaking into the home where a juvenile female lived with the intent to commit sexual assault. He was convicted of burglary with intent to commit sexual assault and sentenced to 14 years in prison. He was released from prison in 2013. (source: CBS News) * Guilty until proven innocent: 'The Last Defense' explores the story behind Darlie Routier's death penalty conviction In 2008, Darlie Routier was granted the right to new DNA tests and there is still a chance, no matter how small, that she may escape the death row 'The Last Defense' premiered on ABC Television Network this past Tuesday with the investigative docu-series exploring the controversial death penalty cases of 2 of the country's most infamous criminals: Darlie Routier and Julius Jones. Executive produced by Viola Davis, Julius Tennon, and Andrew Wang, the series will 'explore and expose flaws in America's justice system' by delving into the cases and personal lives of the 2 inmates who, to this day, maintain their innocence. Davis' rich voice introduces us to the cases explored in the show, stating that close to 3,000 prisoners are waiting on death row in the country. Out of these 3,000, 5 are exonerated on the basis of new DNA evidence and other developments in investigative techniques. So, the question remains, how many more are wrongfully executed for crimes they did not commit? Is there a possibility that Routier and Jones are innocent? Episode 1 of the docu-series looks at the Routier case. The murders: June 6, 1996 - 2:31 am: A near-delirious 26-year-old Routier calls 911 from her home in 5801 Eagle Driver, Rowlett, Texas, and tells the operators that an intruder broke into her home, stabbed her and her 2 children - 6-year-old Devon and 5-year-old Damon - and made his escape. Despite the early hours of the morning, police were at the scene within 3 minutes of the call and, after a cursory search of the house and the grounds, they did not manage to locate an intruder. She was sleeping in the den with the 2 boys while her husband, Darin Routier, was reportedly sleeping upstairs with the couple's 7-month-old son, Drake. Devon was pronounced dead on the spot, with Routier and Damon sustaining significant wounds. The mother had been cut in the neck, shoulder, and arms while Damon had been stabbed through the chest. They were rushed to the Baylor Hospital, with Damon declared dead in the ambulance and Routier rushed into surgery. She was discharged from the hospital just 2 days later. Lt David Nabors has worked for the Rowlett Police Department for over 30 years and was the head of the department's Criminal Investigations Divisions at the time. As such, he was put in charge of the murder case and was tasked with apprehending the assailant who Routier only described as 'a white man wearing dark clothes and a baseball cap.' Talking about the night, Nabors said: "Initially, when I got there, Darlie met the police officer with a towel around her neck putting pressure on her neck. When he walked to the back, he saw the 6-year-old laying there face up, already deceased." The hunt lasted a total of 13 days, at the end of which, the department came to the conclusion that the murders were an inside job. Darin was ruled out as a possible suspect and Routier was arrested in connection with the deaths of her 2 children, much to the shock of her husband who proclaimed that she was innocent. Because the horrific murders had taken place in a small,
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., OHIO, IND., KY., NEB., CALIF.
June 13 TEXAS: Gustavo Tijerina-Sandoval formally sentenced to death for murder of Border Patrol agent Gustavo Tijerina-Sandoval appeared in court Tuesday for his formal sentencing, almost a week after a Cameron County jury sentenced him to death for the murder of Border Patrol Agent Javier Vega Jr. The courtroom was filled with dozens of Border Patrol agents and other law enforcement, who were there in support of the Vega family. Judge Migdalia Lopez presented the verdict, sentencing Tijerina-Sandoval to death for the capital murder charge and life for attempted capital murder. At that hearing, Marie Vega, the mother of the Border Patrol agent Javier Vega Jr., read a final statement addressed to Tijerina-Sandoval. "I hope you spend the rest of your time on death row thinking about the day you are finally put to death, " said Marie Vega. She went on to say, "You sentenced yourself to the death penalty. Tijerina, you broke the law. You killed an innocent man. You thought you were so brave and tough, now be brave and tough and suck it up and die like you need to." Tijerina-Sandoval was not present during her statement. As Judge Lopez dismissed the court, all Border Patrol agents got in line and exchanged hugs with the Vega family. "Justice has been served in the Javier Vega murder," said Manuel Padilla Jr, Chief Patrol Agent. "Although this doesn't bring our agent back, it just shows the justice system does work." Although this trial is over, the Willacy County District Attorney's Office is now preparing for the trial of Ismael Hernandez-Vallejo, a co-defendant in this case. Hernandez-Vallegjo's trial is expected to start in August. Prosecutors will also seek the death penalty in that case. (source: valleycentral.com) Man Sentenced to Death For Killing Agent Tells Court "Thank You for Making Me Famous" "Thank you for making me famous it was my dream to be on TV," are the words a man sentenced to death for capital murder said at his sentencing. Last month, the jury found Sandoval guilty of killing off-duty border patrol agent Javier Vega Jr. and last week the jury's verdict for capital murder was the death penalty. Vega Jr.'s mother, Marie Vega, stood in front of the courtroom and tearfully spoke on behalf of the family, saying the sentence was just. While Vega's Jr's father and wife sat with the dozens of border patrol agents who attended the sentencing, with tears in their eyes. "You need to die for what you did, you don't deserve to live or breathe our air," Marie Vega said. After the sentencing, Defense Attorney Nat Perez told News Center 23 said that this was the longest trial he has even been involved in. "It was pretty tedious and contested I think it was hard fought, and certainly we're a little disappointed with the verdict," Perez said. "We'll be filing a direct appeal to the Court of Criminal Appeals, we think there's some things that the Court of Appeals should look at, and then we'll see what they say," he said. During the course of the trial, jury heard Vega Jr.'s parents and children testify about the day the murder took place, when Sandoval and other suspect, Ismael Hernandez, Vallejo ambushed the Vega's while they were fishing on August 3, 2014. They also watched Sandoval's video interview with Texas Rangers, where he weeps and says he must pay the price. The defense has 30 days from today to file a motion for a new trial, although it is likely it will be denied. (source: KVEO news) 5 controversial moments in the case that sent Darlie Routier to death row for her son's murder Darlie Routier was convicted and sentenced to die for fatally stabbing her 5-year-old son Damon in June 1996. More than 2 decades later, the Rowlett woman remains in prison - 1 of only 6 women on Texas' death row. Devon, 6, was also slain, but Routier was convicted of only 1 murder because prosecutors decided to ensure the option to pursue a 2nd indictment if the 1st trial didn't net a lasting conviction. Routier has maintained an intruder broke in while she slept and killed her sons before she chased him away. She said she could not remember much of what happened that night, and a psychiatrist for the defense said she was a victim of "traumatic amnesia." But prosecutors called that a convenient excuse and argued Routier killed her children because they interfered with the life she wanted to live. On Tuesday at 9 p.m., ABC aired the 1st episode of The Last Defense, a 7-part documentary series that focuses on the death row cases of Routier and Oklahoma man Julius Jones. Viola Davis and Julius Tennon are the executive producers of the series, which the network says "explores and exposes flaws in the American justice system." Following is a look at 5 moments that helped define the Routier investigation, trial and the aftermath of her conviction: During
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., OHIO, IND.
June 12 TEXAS: Texas death row inmate convicted of killing boy, 9, loses appeal The U.S. Supreme Court Monday refused to review the appeal of a Houston man on death row for the 1992 slaying of a 9-year-old boy. The justices offered no comment Monday in rejecting the case of Perry Allen Austin, 58. Austin was serving a 30-year term for sexual assault on a child when he pleaded guilty in April 2002 to capital murder for injecting David Kazmouz with a pain killer and then slitting the boy's throat. The boy's skeletal remains were found in Houston in 1993. Austin confessed in 2001. Attorneys have argued in appeals he wasn't mentally competent to plead guilty. Prosecutors described Austin as a drug courier for a Houston street gang. He volunteered for execution, then changed his mind a week before his scheduled punishment in 2003. (source: Associated Press) PENNSYLVANIA: 'Death! I sentenced someone to DEATH!' - York County juror describes the emotional toll I did not take this lightly. None of us did. We carried this weight for 10 days - and continue to carry this weight. Recently, I was chosen to be on the jury of a high-profile homicide case in York. Initially, I was intrigued and a bit excited at the thought of such an interesting case. I was one in 16, of 100 people, selected to sit in on a trial at which the death penalty was a possibility. For someone who regularly watches criminal TV shows and documentaries, this was incredible! I had NO idea what I was in for. For 10 days, I listened to testimony and viewed evidence of the horrific killing of a young woman and man. I saw pictures of their bodies. I listened to the gruesome details of their deaths. For 10 days, I watched as the young woman's family sat in the courtroom, on edge and emotional as they listened to the details of their daughter's final moments of life. For 10 days, I watched the defendant's mom in the back of the courtroom as she listened to the accusations against her son - her pride and joy. And then again as she held her hands over her ears as the prosecution delivered their closing arguments. For 10 days, I watched a man, accused of heinous crimes, as he struggled to declare his innocence. But in the end, justice served or not, I now only hear silence. Memories burned in my mind. Pictures forever filed in my brain. A 10-day experience that has and will continue to forever change me. This was not an hour of "CSI," this was real life. 2 human beings were taken from this earth and from their families at the hands of another. I had no idea that I'd be affected in this way. No idea that days afterward, I'd still think of the families - defendant and victims - and carry such a heavy burden for all. That I would wonder what is truly going on in the mind of a man who is now sentenced to death. And that I was 1 of 12 who deliberated and thought and prayed about the task we were asked to carry through: To judge impartially, and to uphold the law. I did not take this lightly. None of us did. We carried this weight for 10 days - and continue to carry this weight, even though it's all over. We lived it and experienced it, as close to being there in the actual moment as we could be. We reviewed the evidence and we reviewed the information that we were given. We read the law, and we made a choice - death. Death! I sentenced someone to DEATH! I have heard it over and over in the last few days: I didn't do this to him, he did it to himself. I didn't ruin the lives of his family members, he did. I didn't take away the only daughter that Danielle's family had, he did. And I didn't take Foday away from his family and loved ones either. While they're absolutely right, it still doesn't ease the enormity of this situation and experience. And sadly, for me, it doesn't change the hurt in my heart. Nobody wins. I'll say it again: Nobody. Wins. Danielle and Foday aren't coming back. Their families cannot call them on the phone or send them a letter. The 4 witnesses cannot erase the images and trauma now engraved in their hearts and minds. And Mrs. Henry no longer has a son to help her with life at home. And last, but not least, is me - ME. In 10 days, I went from an hour of "CSI" to real life. I went from restful dreams to restless nights. I went from ignorance to overwhelming reality. This is real life. These are real people. And this is the real me. A faith-filled and caring person who was chosen to decide a man's fate. A fate that when decided was death. It has gripped me. And I continue to think of, and cry for, all those involved. This has affected me more than I could ever have imagined. What started out as intrigue has turned into pure heartbreak. Mention jury duty to anyone within earshot, and guaranteed someone will mention how boring and miserable it is. And yes, that's typically the case. What I expected to be a week of reading a book
[Deathpenalty] death penalty news----TEXAS, PENN., GA., FLA., LA., OHIO
June 5 TEXASfemale to face death penalty DA to seek death penalty in Henderson case Henderson County District Attorney Mark Hall intends to seek the death penalty against Sarah Henderson, the woman charged with capital murder in the shootings of her 2 young daughters. "Although the state is making its election at this time not knowing the ultimate result of the evaluations, and whether the defendant is found to be competent or incompetent and later restored to competency, the state elects to seek the death penalty in this case in order to allow the jury that will hear the case the opportunity to impose the punishment it deems appropriate, should the defendant be found guilt of capital murder," court records show. Hall filed his election to seek death on Friday. He has said he had a June 1 deadline to make a decision on the punishment if Henderson is found guilty. A hearing was conducted on April 27 after defense attorneys filed a motion for examination to determine competency. Judge Scott McKee of the 392nd Judicial District Court entered an order for examination to determine Henderson's competency. Dr. Tom Allen and Dr. Timothy Proctor were appointed to examine the defendant. Henderson, 30, has pleaded not guilty after being indicted in January on 2 counts of capital murder, attempted murder and assault on a public servant. A jury trial has been scheduled for Jan. 28, 2019. She was arrested on Nov. 2, 2017, at her Payne Springs home. Henderson County Sheriff Botie Hillhouse said at the time she had planned the murders of Kaylee and Kenlie for a couple of weeks and that she tried to kill her husband, Jacob Henderson, before the gun malfunctioned. The girls were 5 and 7. In a 911 call, Jacob asked for help for his wife before asking a dispatcher to "disregard" the call. 3 hours later, he made another 911 call to report that his wife had shot the girls in their heads. "The assault on a public servant arose 2 days later while Henderson was being held in the Henderson County jail, where she is accused of striking a detention officer while he was attempting to release her from restraint," according to reports. McKee provided prosecutors and defense attorneys Steve Green and John Youngblood a restricted and protective order - that is, a gag order. Henderson remains in the Henderson County jail on $1 million bond each on the capital cases and a combined $100,000 bond on the other counts. (source: Athens Daily Review) ***--female may face death penalty Details released for Wichita Falls woman charged in capital murder of Abilene man A Wichita Falls woman has been accused of being the 2nd person involved in the fatal shooting of an Abilene man last month after police received a Crime Stoppers tip and a recorded jail phone call. Precious Nicole Tillery, 19, has been charged with capital murder. She was in the Wichita County Jail Monday morning in lieu of $2 million bail. Eric Glenn Lee II, 22, is also facing capital murder. If found guilty of the capital felony, Tillery and Lee would be sentenced to life without parole or the death penalty. Court documents revealed Tillery was on probation for an aggravated assault with a deadly weapon at the time of the shooting. She had initially been charged with aggravated robbery for the Feb. 28, 2016, stabbing of a man in the 400 block of Bailey Street. In that incident, Tillery claimed he had stole money that belonged to her and reportedly dug through his pockets and then took his Oklahoma identification card. She was indicted for aggravated assault on April 21, 2016. She accepted a plea deal and was sentenced to 8 years deferred probation after pleading guilty on Oct. 26, 2016. According to the arrest warrant affidavit for the capital murder: Wichita Falls police were called to the scene of a shooting in the 1000 block of Juarez Street around 12:56 a.m. on April 17. A detective was called to the scene around 1:25 a.m. When officers arrived on scene, they found 28-year-old Matthew Liggins in front of the address with multiple gunshot wounds to the upper torso. Liggins was taken to United Regional Health Care System, where he later died from his injuries. A witness told responding officers that she was in the front passenger of Liggins' vehicle and identified a possible suspect as Lee. The witness was taken to the Wichita Falls Police Department by detectives to be further interviewed. At the station, the witness said Liggins had driven them from Abilene to Wichita Falls to pick up a friend who had been robbed by Lee earlier in the day. She said they didn't know that the friend had been robbed until after they arrived in Wichita Falls. When they arrived the apartments, the witness said Liggins contacted Lee and told him that they were outside. The witness said Lee and a person with brown and black dreads ??? she thought the person might be a
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., ALA., OHIO, ILL., NEB., CALIF.
May 25 TEXASnew execution date Convicted killer from infamous "Texas 7" prison escape gets execution date Joseph Garcia is scheduled for execution in August. On December 13, 2000, 7 desperate inmates pulled off the biggest prison break-out in Texas history. They busted into the prison armory, stole weapons and stormed out of the Connally Unit in a prison truck. After orchestrating 2 robberies in Houston, they headed up to the Dallas area. There, on Christmas Eve, the men held up a store in Irving and made off with $70,000 and 44 guns. But on the way out, they ran into a cop. The escapees surrounded the Officer Aubrey Hawkins' patrol vehicle and shot him 11 times before running over his body with an SUV on the way out, according to court records They were finally captured in Colorado a month later. One of the escapees killed himself before police could get him. But the rest were sent to death row, where 3 have since been executed. And now, a 4th, Joseph Garcia, has a date with death. The Bexar County killer - originally sent to prison for stabbing a man more than a dozen times - is scheduled to die by lethal injection on Aug. 30, according to Texas Department of Criminal Justice spokesman Jeremy Desel. "We are exploring several issues in this case that have not been considered by the courts in the past," said Mridula Raman, one of Garcia's attorneys. "We intend to raise these matters with the courts in the near future." For Toby Shook, a former prosecutor who handled the case, news of the date was a welcome relief. "It's been almost 18 years," Shook said. "It's satisfying that the actual sentence will be carried out." George Rivas, who was already serving 17 life sentences, was the ringleader who planned the escape from the unit just 60 miles south of San Antonio. With his 6 co-conspirators, Rivas masterminded the plan to overpower a supervisor and tie up civilian workers as hostages. 2 of the gang dressed up as prison workers to sneak into the armory where they overpowered another employee and took control of the guard tower. Then, 3 of the men took the keys to a maintenance truck and loaded it with provisions and guns before they all fled the prison near Kenedy. After their murder and robbery spree across Texas, they holed up near Colorado Springs before police caught them. Larry Harper killed himself rather than face a return to Texas prisons. Rivas, Michael Rodriguez and Donald Newbury have already been executed, while Patrick Murphy and Randy Halprin remain on death row with Garcia. "He was one of the more violent ones during the prison breakout," Shook said. "The hostages described him as one of the more violent ones, who made threats and went out of his way to frighten them." At one point some of the other men said he was the one who'd fired the fatal shot, Shook said. In the years since his conviction, Garcia has raised a number of appeals based on claims of bad lawyering. His attorneys didn't specify what appeals they plan to raise moving forward. Texas has already executed 6 men this year. Including Garcia, another 9 are scheduled to die - which means the state has exactly as many doses of its death drug left as it does executions on the calendar. (source: Houston Chronicle) ** Executions under Greg Abbott, Jan. 21, 2015-present33 Executions in Texas: Dec. 7, 1982present-551 Abbott#scheduled execution date-nameTx. # 34-June 21Clifton Williams552 35-June 27Danny Bible-553 36-July 17Christopher Young---554 37-Aug. 30Joseph Garcia---555 38-Sept. 12---Ruben Gutierrez-556 39-Sept. 26---Troy Clark--557 40-Sept. 27---Daniel Acker558 41-Oct. 10Juan Segundo559 42-Oct. 24Kwame Rockwell---560 (sources: TDCJ & Rick Halperin) PENNSYLVANIAnew death sentence York County jury gives death sentence to man who 'deliberately and purposely' took 2 lives A man who fatally shot 2 people during a home invasion in Fawn Township deserves to be executed for his crimes, a York County jury decided on Thursday. Paul Henry III, 41, of East Manchester Township, declined to make a statement before the death sentence was imposed. He was previously found guilty of 2 counts of 1st-degree murder and 1 count of robbery for bursting into a house with his wife, Veronique, and killing Foday Cheeks, 31, of Fawn Township, and Danielle Taylor, 26, of Spring Grove, on Sept. 13, 2016. "I sentence you to be handed over to the Department of Corrections, and that you be confined until proper date for execution can be scheduled, and at that time, for you to suffer the death penalty,"
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., S.C., LA., KY., NEB., CALIF., USA
May 24 TEXAS: Texas man on death row for decapitating 3 kids loses appeal The Texas Court of Criminal Appeals rejected an appeal Wednesday from a 37-year-old Rio Grande Valley man on death row for stabbing and beheading his common-law wife's 3 children 15 years ago. John Allen Rubio's appeals lawyer argued unsuccessfully that Rubio's attorneys at his 2010 trial in Cameron County were deficient, that the trial court failed to sufficiently pay for his appellate investigation of the case and that the Texas death penalty sentencing procedure was unconstitutional. The state's highest criminal court also refused a second supplemental appeal from Rubio as legally improper and declined to consider the merits of the arguments in that appeal. "I have to say overall I am not surprised by the court's actions." Rubio's attorney, David Schulman, said. "I'm very, very disappointed." He said he would ask the appeals court for a rehearing, saying he was "shocked" the judges refused the supplemental appeal that included arguments that prosecutors refused to discuss a plea bargain, that mitigating evidence that could have changed the outcome wasn't presented to jurors, and that the trial defense team was hampered by insufficient money from the trial court. If the request failed, Schulman said other attorneys were prepared to take Rubio's case into the federal courts. Rubio was convicted twice of the March 11, 2003, slayings of 3-year-old Julissa Quesada, 14-month-old John E. Rubio and 2-month-old Mary Jane Rubio in a squalid Brownsville apartment. The appeals court in 2007 overturned his 1st conviction, ruling that statements from the children's mother, Angela Camacho, were wrongly allowed as evidence during the 1st trial. Camacho pleaded guilty and is serving a life sentence for her role in the slayings. Records show Rubio's brother and his girlfriend stopped by the apartment, spotted the slain infant, ran outside screaming and flagged down a police officer. The officer testified that after he saw decapitated body of a child in a back bedroom, Rubio held his wrists out and said, "arrest me." At his 2nd trial, Rubio pleaded not guilty by reason of insanity, a defense rejected by a jury. Defense experts testified his childhood - filled with violence at home, "toxic" parents, drug use and prostitution - damaged him developmentally. Rubio told authorities the children were possessed. Defense experts diagnosed him as suffering from paranoid schizophrenia, a determination disputed by prosecution experts. (source: Associated Press) PENNSYLVANIA: Southern York County death penalty trial: Man found guilty of 1st-degree murder For the rest of his natural life, Paul Henry III will be in the care and custody of the Pennsylvania Department of Corrections. Now, a jury in York County will weigh whether his last moments should be at the State Correctional Institution at Rockview - in the execution chamber. Following less than 1 1/2 hours of deliberation, Henry, 41, of East Manchester Township, was found guilty on Tuesday of 2 counts of 1st-degree murder and 1 count of robbery. He burst into a home in southern York County with his wife, Veronique, and fatally shot Foday Cheeks, 31, of Fawn Township, and Danielle Taylor, 26, of Spring Grove, on Sept. 13, 2016. When the foreman announced the verdict at 4:32 p.m., Henry did not react. The clerk then asked the other 11 jurors, one by one, to answer the same 3 questions: "Do you find the defendant guilty, not guilty, murder of the 1st degree, Danielle Taylor?" "Do you find the defendant guilty, not guilty, murder of the 1st degree, Foday Cheeks?" "Do you find the defendant guilty, not guilty, of robbery?" Amy Eller, Coren Clymer, James Gregoire and Devon Fisher all testified that they saw Henry shoot and kill Cheeks, who was a heroin and crack dealer. Their stories slightly varied. But the substance of their testimony was consistent. They heard a knock at the back door, and then, a bang that sounded like a firecracker. Henry demanded to know where the money and drugs were at gunpoint and searched through the house. The husband and wife took their cellphones and other belongings and told the group to wait 20 minutes before leaving out the front door. Veronique Henry, meanwhile, whispered to them that they'd be OK. Police apprehended the Henrys after a pursuit. Law enforcement found 4 guns - a .45-caliber handgun, .44 magnum, .38-caliber revolver and 12-gauge shotgun - inside the 2003 Nissan Altima in addition to items including knives, ammunition and duct tape. Cheeks' wallet was in the car. It even contained his Maryland driver's license. Several of the victims' cellphones were also in the vehicle. 2 of the weapons had Cheeks' DNA on them. Bullets and casings at the crime scene matched the murder weapon: the .45 Colt Combat Commander. Farley Holt and Suzanne Smith, Paul
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., OHIO, ILL., OKLA., ARIZ., CALIF., USA
May 22 MAY 22, 2018: TEXASimpending execution Urgent Action INTELLECTUAL DISABILITY CLAIM AS EXECUTION SET Clifton Williams is due to be executed in Texas on 21 June for a murder committed in 2005. The courts have rejected the claim that he has intellectual disability. His lawyers are seeking further review on this issue, as well as pursuing executive clemency. Write a letter, send an email, call, fax or tweet: * Opposing the execution of Clifton Williams, and calling for his death sentence to be commuted; * Pointing to evidence that he has borderline intellectual disability, and that his lawyers maintain this rises to the level of actual intellectual disability, which would render his execution unconstitutional; * Noting the power of executive clemency is not constrained in the way courts may be on such issues; * Explaining that you are not seeking to excuse violent crime or to downplay the suffering caused. Friendly reminder: If you send an email, please create your own instead of forwarding this one! Contact these 2 officials by 27 June, 2018: Clemency Section, Board of Pardons and Paroles 8610 Shoal Creek Blvd., Austin, Texas 78757-6814, USA Fax: +1 512 467 0945 Email: bpp-...@tdcj.state.tx.us Salutation: Dear Board of Pardons and Paroles Governor Greg Abbott Office of the Governor P.O. Box 12428 Austin, Texas 78711-2428, USA Fax: +1 512 463 1849 Salutation: Dear Governor (source: Amnesty International USA) Houston's 1st death penalty case this year begins jury selection Ali Mahwood-Awad Irsan, a Jordanian immigrant accused in a pair of "honor killings" that shocked Houston, went on trial for his life Monday as the lengthy jury selection phase began. Irsan's prosecution is the 1st death penalty trial conducted this year in Harris County, and the 1st one since District Attorney Kim Ogg took office in January 2017. Opening arguments and testimony are set to begin June 25 - in 5 weeks - after 12 jurors and 2 alternates are selected through extensive individual questioning which is required in a capital murder trial. Prosecutors and defense attorney must first screen the answers to each prospective juror's questionnaire. If both sides agree, the juror is then questioned under oath about their life experience, whether they can be fair, and whether they can sentence someone to death when it is appropriate. (source: Houston Chronicle) PENNSYLVANIA: Southern York County death penalty trial: 'I did not fire any of those guns,' man testifies To hear to Paul Henry III tell it, Sept. 13, 2016, started off as an idyllic, late summer day in York County. At about 1 p.m., Henry went to the York Fair with his wife, Veronique, and 10-year-old daughter. They'd recently patched up their marriage, which had been on-again, off-again. The girl ate pizza, petted animals and rode unlimited rides. But later, Veronique Henry, who was addicted to heroin, texted Foday Cheeks, a drug dealer. She was trying to score 2 or 3 bags. So at about 8 p.m., Paul and Veronique Henry - he took a .44 magnum and .38-caliber revolver for protection - got in her 2003 Nissan Altima for the 54-minute trip down to the secluded farmhouse in Fawn Township. They got into an argument on Route 851, because she now wanted a bundle, or 10 bags. He demanded to get out of the vehicle, but, eventually, caved in to the request. Outside the home, Paul Henry gave his wife a $100 bill. "Be careful," he said. Next, he heard an argument. Then, a gunshot. That's when he ran inside, knelt down and observed the body of Danielle Taylor. He got up and saw his wife. "She was shooting the .45," Paul Henry testified in the York County Judicial Center. "She had emptied the clip on him." Paul Henry, 41, of East Manchester Township, testified on Monday in his own defense as he stands trial in the York County Court of Common Pleas on 2 counts of 1st-degree murder and related offenses. He's accused of fatally shooting Cheeks, 31, of Fawn Township, and Taylor, 26, of Spring Grove, and could receive the death penalty if convicted. His story contradicted the testimony of four eyewitnesses, Amy Eller, Coren Clymer, James Gregoire and Devon Fisher, who all identified him as the shooter. Next, Paul Henry testified, Cheeks stumbled toward them. He collapsed in the bedroom. When Paul Henry asked his wife what happened, she said they'd pulled guns. Then, Paul Henry went into the living room and yelled, "Let me see your hands." He ordered the 4 people to stay on the ground, and, eventually, to give him their cellphones. He cleared the upstairs before leaving the home. "I did not fire any of those guns," he testified. First Assistant District Attorney Jennifer Russell cross-examined Paul Henry, who glared at her and seldom broke his gaze. Russell asked a series of questions that helped confirm previous testimony. Paul Henry agreed
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., IND., MICH., KY.
May 17 TEXASexecution-and 2 new execution dates Texas executes "Lovers' Lane Killer," who has maintained innocence since 2003 slaying A Texas inmate who insisted he wasn't involved in a San Antonio "lovers' lane" killing more than 14 years ago has been executed for the slaying. Juan Edward Castillo received lethal injection Wednesday evening for the fatal shooting and robbery of a 19-year-old man that testimony showed was carried out by Castillo and several friends on a secluded road where the victim was enticed by the promise of drugs and sex. Castillo became be the 11th convicted killer executed this year in the U.S. and the 6th in Texas. He gave a brief final statement before receiving the lethal dose of pentobarbital, thanking "everyone." "You know who you are. I love you all," Castillo said. "That's it." As the powerful sedative took effect, he lifted his head off the gurney and used an expletive to say he could taste the drug and that it burned. He took several quick breaths that became snores and then stopped all movement. Castillo was pronounced dead 23 minutes later at 6:44 p.m. CDT. The victim's mother and stepmother were among the people watching through a window. After a doctor pronounced Castillo dead, one of the other relatives exclaimed: "We've got justice. Thank you." Castillo lost appeals earlier this week at the U.S. Supreme Court and the Texas Court of Criminal Appeals, the state's highest court. No last-day appeals were filed in the courts to try to block his punishment and Gov. Greg Abbott declined a request from his lawyers for a 30-day reprieve. Castillo, 36, denied any involvement in the slaying. "I didn't do it," Castillo told the AP last week in an interview outside death row. "I was so positive I'd get the case dismissed I refused to plead guilty. So I go to trial." He said he rejected several plea offers that would have removed the death penalty as punishment, knew the woman, Debra Espinosa, who testified against him and who was in the car with Garcia, but denied her assertion that she was Castillo's girlfriend. Castillo's appeals lawyers contended no physical evidence tied him to the slaying of Tommy Garcia Jr. and argued in appeals that trial testimony from witnesses who said he either told them about the slaying or they heard Castillo talk about committing the crime was false or misleading. At his trial, 2 eyewitnesses testified they saw Castillo shoot Garcia, 3 people said they heard him talk about the killing and another witness testified he was wearing jewelry that belonged to the victim, prosecutors said. Castillo in an interview last week from outside death row denied any involvement in Garcia's Dec. 3, 2003, killing and said he had "no idea" who fatally shot the San Antonio rapper with a reputation for carrying a lot of cash and wearing flashy jewelry. "I was offered a plea bargain 3 times," Castillo told The Associated Press. "I refused to plead guilty. ... I don't want to die but at the same time I would hate myself every day if I did that." Testimony at Castillo's 2005 trial showed Castillo's girlfriend, Debra Espinosa, offered Garcia drugs and sex if he'd take her in his car to a San Antonio lovers' lane. Garcia didn't know he was being set up. Once they were parked, testimony showed Castillo smashed a car window with the butt of his pistol, opened the door and demanded Garcia's money. But Garcia, also known as rapper J.R., refused and was shot. Espinosa and Francisco Gonzales, who authorities said accompanied Castillo to the ambush, accepted 40-year prison terms in plea agreements. A 4th person, Teresa Quintero, pleaded no contest to a robbery charge and received 20 years. Testimony showed she was the driver who took Castillo and Gonzales to the dark San Antonio road for what was supposed to be a simple robbery. Relatives said Castillo talked about the killing and a witness said she saw him a day later wearing a distinctive medallion on a thick gold chain that had belonged to Garcia. Castillo said last week from prison the jewelry was his, not Garcia's, and said Espinosa was not his girlfriend. Castillo was 22 and already had been in prison on a 2-year sentence for deadly conduct with a firearm when he was arrested for Garcia's killing. At his trial, the mother of Castillo's son told of repeated domestic violence incidents. Other witnesses linked him to shootings, robberies, assaults and drug dealing. (source: Associated Press) ** Execution dates for 2 Fort Worth inmates on death row Texas prison officials have received court documents setting execution dates for 2 prisoners from the Fort Worth area, bringing to 8 the number of inmates set for lethal injection in the coming months. Texas Department of Criminal Justice spokesman Jeremy Desel says Juan Segundo is set to die Oct. 10 for the rape-slaying of an 11-year-old Fort Worth
[Deathpenalty] death penalty news----TEXAS, PENN., ALA., LA., OHIO, ILL., OKLA., NEB., COLO.
May 15 TEXASimpending execution San Antonio lovers' lane killer denied clemency, both appeals 2 days before scheduled execution Death row inmate Juan Castillo lost two appeals and was denied clemency on Monday. Now, he's scheduled to die Wednesday in the Huntsville execution chamber. Through 15 years of darkness, June Castillo has seen flashes of hope. Once, a man showed up at her door claiming to have proof of her son's innocence. Another time, a stranger called to offer an apology from the "real" killer. There were the whispered prayers, and the cancelled executions. "You get so scared," she said. "The bad days come and you think, 'What am I going to do?' And then there's the good days - and then the devil hits again." And that's what it felt like on Monday when the 73-year-old's son - death row inmate Juan Castillo - was denied a bid for clemency, and lost 2 different late-stage appeals. Now, the condemned lovers' lane killer is scheduled to die by lethal injection on Wednesday. "It is deeply disappointing," Castillo's clemency lawyer Greg Zlotnick said late Monday, urging the governor to issue a 30-day reprieve so a legal team can continue fighting the case in court. The now-37-year-old was sent to death row in 2005 for the slaying of rapper Tommy Garcia, Jr. t2 years earlier. Prosecutors said Castillo and three others had teamed up to plan a robbery in a deserted San Antonio lovers' lane. It was Castillo's girlfriend, Debra Espinosa, who lured the 19-year-old musician to a secluded spot with the promise of sex and drugs, according to court filings. 2017 did not see a new low in executions, though they're still down significantly over past years. As they sat in the car making out, 2 men in ski masks - later identified as Castillo and his friend Francisco Gonzales - stormed the Camaro. They tore Garcia from the vehicle and Castillo shot him 7 times, according to court records. Afterward, Espinosa ran to a nearby house and started banging on the door for help. She and Gonzales were picked up not far from the scene. They both agreed to testify in exchange for a reduced sentence, while the 4th suspect - Gonzales' girlfriend Teresa Quintero - netted a 20-year term for robbery. But Castillo has long maintained that he didn't do it. In fact, he said, he wasn't even there. Before trial, he said he spent the night with a friend - though the man never agreed to testify, according to court records. And in the years since his conviction, some pieces of the case have become a little hazier. Investigators never had forensic evidence tying him to the scene, and one of the key witnesses against him - a jailhouse informant - recanted his testimony. In recent months, defense lawyers made that recantation a cornerstone of their appeals, including one that won him a stay of execution. But when the case was sent back to a lower court, the judge rejected it within a day, before the defense had a chance to weigh in. Last week, attorneys entered a filing poking holes in two other state witnesses and accusing prosecutors of withholding evidence. But on Monday, the Texas Court of Criminal Appeals turned down that claim, hours after the Supreme Court rejected an appeal centered on the recanted testimony. Amanda Marzullo of Texas Defender Services, the non-profit legal group handling his appeals, expressed dismay at Monday's court outcomes. "There are serious issues with his case, which was no court has given meaningful review," she said. Wednesday's execution date is Castillo's 4th in a year. Last May's date was rescheduled after prosecutors failed to give 90-day notice to the defense. Then, a September execution was pushed back in the aftermath of Hurricane Harvey, and a December death date was called off in light of the jailhouse snitch. "I have cried so doggone much for the past month," June Castillo said. "I can't cry anymore." As of Monday evening, there were no pending appeals in the case. If everything continues as scheduled, Castillo will be the 6th man executed in Texas this year - and his mother plans to be there to watch. (source: Houston Chronicle) Texas inmate set to die this week loses Supreme Court appeal A 36-year-old San Antonio man set for execution this week for a robbery-slaying more than 14 years ago has lost an appeal to the U.S. Supreme Court. Attorneys for Juan Castillo argued his due process rights were violated related to trial testimony from a jail inmate who said Castillo, while locked up awaiting trial, told him about killing 19-year-old Tommy Garcia Jr. The inmate years later recanted his testimony, submitting an affidavit saying he made up the story. State courts ruled the affidavit wasn't credible and the Supreme Court Monday declined to review Castillo's arguments. Castillo is set for execution Wednesday in Huntsville. The high court Monday also declined an
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., MO., NEB., CALIF.
April 26 TEXASexecution Texas executes Erick Davila, who killed 2 people including a 5-year-old girlErick Davila was executed Wednesday evening for a 2008 shooting at a child's birthday party that left his rival gang member's mother and 5-year-old daughter dead. His case was heard and ultimately rejected by the U.S. Supreme Court last year. A year ago, his death penalty case was being argued before the U.S. Supreme Court. On Wednesday evening, he was put to death by the state of Texas. Erick Davila, 31, was executed after a relatively short 9 years on Texas' death row. He was convicted in 2009 for repeatedly shooting at a Fort Worth house hosting a child's birthday party, killing the mother and 5-year-old daughter of Jerry Stevenson, whom Davila claims was a rival gang member. In his last appeal, Davila asked the high court to stop his execution based on new claims of drug use during the murders and a conflict of interest with the Tarrant County District Attorney's Office. Minutes before his scheduled 6 p.m. death, the U.S. Supreme Court rejected his final appeal, and he was strapped to a gurney in a mint green room, where he spoke his final words as Stevenson and other family members of the victim watched through a glass pane. "Yes, I would like to say nephew, it burns, huh," he said. "You know, I might have lost the fight, but I'm still a soldier. I still love you all. To my supporters and family, y'all hold it down. Ten Toes down right. That's all." He was then injected with a lethal dose of pentobarbital and was pronounced dead at 6:31 p.m. Davila fought his sentence to the end, maintaining to the courts that he only intended to kill his rival, Jerry Stevenson, not the man's daughter, Queshawn, or her grandmother, 47-year-old Annette. It was an important distinction because the jury had to find that Davila intended to kill multiple people to be eligible for the death penalty. Prosecutors argued Davila always intended to kill more than his rival, pointing to his statement to police that he was trying to get "the guys on the porch" and "the fat dude." "I wasn't aiming at the kids or the woman and don't know where the woman came from," Davila said in a written statement to police, according to court documents. "I don't know the fat dudes name, but I know what he looks like, so I recognized his face." It was the question of intent that eventually led Davila's case to the nation's high court last April on a legal technicality. His current lawyer, Seth Kretzer, argued that when jurors at his trial questioned if they needed to decide whether Davila intended to kill his 2 victims or if he intended to kill someone and in the process fatally shot 2 others, the judge - who is now the Tarrant County criminal district attorney - erred in her answer. The judge responded that Davila would be responsible for a crime if the only difference between what happened and what he wanted was that a different person was hurt - without affirming to them that Davila must have intended to kill more than 1 person. The jury found him guilty. Though his lawyer at trial objected to the judge's instructions, the objection was overruled, and the issue wasn't brought up again in Davila's state appeals, which Kretzer said was bad lawyering. The question that landed in front of the U.S. Supreme Court was whether Kretzer could raise the jury instruction in federal courts because of ineffective appellate lawyers. Generally, federal courts can't take up issues that could have been raised in state courts, but there is an exception when the trial lawyer is found to have been ineffective. But in Davila's case, it was the appellate lawyers, not the trial lawyer, who were being accused of dropping the ball. In June, the justices decided in a split ruling that the 2 types of attorneys can't be treated equally, and Davila became eligible for execution. He didn't stop fighting. After Tarrant County set an execution date, Davila filed new appeals. In his last petition, Kretzer asked the U.S. Supreme Court to delay the execution because he recently discovered that Davila's original co-defendant told the judge that Davila was "heavily intoxicated" during the shooting - a fact that was apparently unknown by defense attorneys. Kretzer wanted time to further develop claims that the prosecution may have failed to disclose information about Davila being on drugs at the time of the murders. "While intoxication is not a defense to murder, it would have been an issue that would have been relevant to mitigation and sentencing," Kretzer said Tuesday, indicating a jury could have been persuaded to hand down the lesser sentence of life in prison without parole if it was brought up at trial. The Texas Attorney General's office argued against the appeal in its court filing, saying that Davila himself would obviously be aware of his own intoxication, so it was
[Deathpenalty] death penalty news----TEXAS, PENN., VA., FLA., OHIO, IND., NEB.
April 25 TEXASimpending executions Erick Davila's death penalty case made it in front of the U.S. Supreme Court. Now, he's set for execution.Erick Davila is scheduled to die Wednesday evening for a 2008 shooting at a child's birthday party that left his rival gang member's mother and 5-year-old daughter dead. His case was heard and ultimately rejected by the U.S. Supreme Court last year. A year ago, his death penalty case was being argued before the U.S. Supreme Court. Now, he is set to die. Erick Davila, 31, is scheduled for execution Wednesday evening after a relatively short 9 years on Texas' death row. He was convicted in 2009 for repeatedly shooting at a Fort Worth house hosting a child's birthday party, killing a rival gang member's mother and 5-year-old daughter. Davila has asked the court to stop his execution based on new claims of drug use during the murders and a conflict of interest with the Tarrant County District Attorney's Office. Davila has continually fought his sentence, maintaining to the courts that he only intended to kill his rival, Jerry Stevenson, not the man's daughter, Queshawn, or her grandmother, 47-year-old Annette. It was an important distinction because the jury had to find that Davila intended to kill multiple people to be eligible for the death penalty. Prosecutors argued Davila always intended to kill more than his rival, pointing to his statement to police that he was trying to get "the guys on the porch" and "the fat dude." "I wasn't aiming at the kids or the woman and don't know where the woman came from," Davila said in a written statement to police, according to court documents. "I don't know the fat dudes name, but I know what he looks like, so I recognized his face." It was the question of intent that eventually led Davila's case to the nation's high court last April on a legal technicality. His current lawyer, Seth Kretzer, argued that when jurors at his trial questioned if they needed to decide whether Davila intended to kill his 2 victims or if he intended to kill someone and in the process fatally shot 2 others, the judge - who is know the Tarrant County criminal district attorney - erred in her answer. The judge responded that Davila would be responsible for a crime if the only difference between what happened and what he wanted was that a different person was hurt - without affirming to them that Davila must have intended to kill more than one person. The jury found him guilty. Though his lawyer at trial objected to the judge;s instructions, the objection was overruled, and the issue wasn't brought up again in Davila's state appeals, which Kretzer said was bad lawyering. The question that landed in front of the U.S. Supreme Court was whether Kretzer could raise the jury instruction in federal courts because of ineffective appellate lawyers. Generally, federal courts can't take up issues that could have been raised in state courts, but there is an exception when the trial lawyer is found to have been ineffective. But in Davila's case, it was the appellate lawyers, not the trial lawyer, who were being accused of dropping the ball. In June, the justices decided in a split ruling that the 2 types of attorneys can't be treated equally, and Davila became eligible for execution. He didn't stop fighting. After Tarrant County set an execution date, Davila filed new appeals, and one is still pending before the U.S Supreme Court. In the petition, Kretzer asks the court to delay the execution because he recently discovered that Davila's original co-defendant told the judge that Davila was "heavily intoxicated" during the shooting - a fact that was apparently unknown by defense attorneys. Kretzer wants time to further develop claims that the prosecution may have failed to disclose information about Davila being on drugs at the time of the murders. "While intoxication is not a defense to murder, it would have been an issue that would have been relevant to mitigation and sentencing," Kretzer said Tuesday, indicating a jury could have been persuaded to hand down the lesser sentence of life in prison without parole if it was brought up at trial. The Texas Attorney General's office argued against the appeal in its court filing, saying that Davila himself would obviously be aware of his own intoxication, so it was information the defense could have found earlier, disqualifying it from court review now. Lower courts have agreed with Texas, denying Davila's motions. Davila's team has also asked the nation's high court to remove the Tarrant County District Attorney's office from his case since the criminal district attorney, Sharen Wilson, was the judge who oversaw his trial, and his former state appellate attorney now works for her. "The clients should obviously be able to trust their lawyers," Kretzer said. "You can't get confidential information from your client and then turn
[Deathpenalty] death penalty news----TEXAS, PENN.
April 23 TEXAS: Texas prison system stalls release of public information on executionsEarlier this month, defense lawyers claimed Texas was botching its executions with old drugs. Now, the Texas Department of Criminal Justice has stalled the release of information on how many lethal doses the state has and when they expire. The cloud of secrecy surrounding Texas executions has grown a little darker lately. After death penalty defense lawyers claimed the state's first 2 executions of the year were botched because of old lethal injection drugs, the Texas Department of Criminal Justice has stalled the release of public information regarding the state's supply of lethal doses. Without providing a reason, the department told a Texas Tribune reporter last week that it would take an estimated 20 business days - until the day before the state's next scheduled execution - to provide information on how many lethal doses the state has and when they expire. In the past, the records have been provided in 1/2 the time, and even that could be unlawful. The Texas Attorney General's Office handbook on the state's public information law says that a governmental body must produce public information promptly, without delay. The handbook says it is a "common misconception" that agencies can wait 10 business days before releasing the information, as the Department of Criminal Justice has regularly done in the past regarding execution drugs. "There's absolutely no excuse," said Joe Larsen, a lawyer who serves on the board of the Freedom of Information Foundation of Texas. "The only reason they're doing it is to cause problems ... to delay the story." Asked for comment about the prolonged waiting period, TDCJ spokesman Jason Clark said Wednesday that the department fully complies with the Texas Public Information Act and that inventory logs of execution drugs are expected to be released this week, instead of the previously estimated date of Feb. 21. The Tribune requested the information Jan. 23. 9 days later, lawyers for death row inmate John Battaglia filed a last-minute appeal before his execution claiming that the state's previous 2 executions used old, relabeled drugs for the lethal injection that likely caused one inmate to say he felt burning and the other to jerk on the gurney. Clark denied the executions were botched, saying both men lost consciousness almost immediately and were pronounced dead 13 minutes after being injected with pentobarbital, the drug Texas currently uses in executions. Battaglia lost the appeal, and during his execution he sighed and said, "Oh, here, I feel it," according to The Dallas Morning News. The defense lawyers said in the appeal that the drugs used this year were more than a year past their "beyond-use date," similar to an expiration date. (The lawyers also claim the beyond-use dates set by the state are "unscientific" and not viable). One batch of drugs was previously set to expire on Jan. 22, but more than a month ago, the drugs were re-tested and given a new expiration date of November, according to the Battaglia appeal. The TDCJ has said it doesn't discuss specifics on the current inventory of its execution drugs, but this testing has happened at least one other time in the past year, since it last reported a purchase of pentobarbital. According to TDCJ records received by the Tribune last year, drugs set to expire in July were removed from stock, and, on the same day, the same number of vials were added back to the inventory with an expiration date set for exactly 1 year in the future. "They haven't gotten any new drugs, and they just appear to keep extending the beyond-use date," said Maurie Levin, one of the lawyers on the Battaglia filing who is involved in multiple lawsuits regarding Texas execution drugs. "The thinking is they're only getting older; it's only going to get worse." Now, the public release of information on the drugs has been stalled. For a year, the prison system provided inventory logs and expiration dates to the Tribune regularly, releasing the information exactly 10 business days after it was requested, often just before 5 p.m. Justin Gordon, head of the attorney general's office's open records division, said government bodies can't wait out the clock to release public information. Agencies must release the information "promptly," which in most cases is sooner than 10 days, he said. He said the most common reasons agencies give for a delay is because a large request requires a lot of time and compilation or because the department is handling requests chronologically and has not yet gotten to a request yet, even if it's straightforward. Gordon said his division hammers home to those who repeatedly wait until the last minute to provide records that they aren't giving good customer service and can't expect requesters to cooperate with them. He said an unnecessary delay
[Deathpenalty] death penalty news----TEXAS, PENN., ARK., USA
April 1 TEXAS: Texas DA murdered after pursuing killer bent on targeting lawyers The murder was no mystery. It was a shock, sure. People don't gun down assistant district attorneys in broad daylight. Not in 2013. Not one block from the county courthouse. When people heard about Mark Hasse's execution, they were speechless. But when they did start talking, it was about who they thought did it - and why. "This case is local," District Attorney Mike McLelland told another lawyer after Hasse's funeral. "The killer is somebody bent on revenge. This is somebody really close to home." Get McLelland alone, in his office, and he might even share the name of that somebody. But knowing it and proving it were different matters. And before McLelland's suspicion turned into an arrest warrant, he and his wife were dead, too - with the killer focused on new targets. Kathryn Casey's true-crime book "In Plain Sight" tells that tale. But the veteran Houston journalist tells another story, too, of good ol' boys and macho rage, of madmen stockpiling assault rifles and survivalists prepping for the apocalypse. It's set in Texas of 5 years ago, but it feels like a lot of America now, where suburban dads buy bulletproof vests and their wives gulp Oxycodone. Where compromise is ridiculed and grudges carefully cultivated until they bloom into bloody violence. Looking back, the crimes seem almost inevitable, the killer and his principal target - both stubborn, unforgiving men - coming together like a slow-motion car crash. Eric Williams grew up just outside of Fort Worth. A loner, he liked guns a little too much, even for the Lone Star State. He once shot his sister's cat right through the eye, but folks expected him to grow out of that. They were relieved when he started talking about becoming a soldier. Michael McLelland grew up nearby, just outside Dallas. A beefy, popular guy, he married after high school and went to college with dreams of working as a history teacher. Once on campus, he joined the ROTC and considered an Army career instead. The 2 men's lives didn't seem all that different. Williams' military career never did happen, and he eventually moved to rural Kaufman County. He married, became a lawyer, and then a justice of the peace. McLelland did his stint in the service and became a Kaufman County lawyer, too, planning to go into politics. He lost his 1st race for district attorney by 65 votes. Some friends wondered if he was done in by a letter to the local paper that questioned his character and noted that McLelland lied about being a lifelong Republican. The letter was written by Eric Williams. Eventually, McLelland did become the Kaufmann County DA. And, eventually, he heard Williams' name again. This time, it was Williams' character under question. Office supplies he had charged to the county were never delivered, at least not to the office. Surveillance cameras showed him sneaking $600 worth of computer equipment out of the building. Small stuff, maybe - but not to McLelland. He had Williams arrested, handcuffed and charged with theft. He told assistant district attorney Hasse to go after him hard. Don't just put him in jail, "put him under the jail," advised McLelland. Williams was quickly tried and convicted. He lost his job and his law license. His lawyers appealed, but his career was already over. His plot, though, was just hatching. This wasn't revenge, he told his wife. This was logical. If McLelland and Hasse were dead, others would take their place. Surely their replacements would see that he had been persecuted, not prosecuted. Then he would get his old life back. But first, these 2 men had to lose theirs. His wife Kim nodded numbly. Addicted to painkillers for years, she no longer argued with her spouse - even as he slept with other women. Even after he almost shot her as he cleaned his guns. Twice. Assigned the job of getaway driver, she took Williams to the county courthouse in a cheap second-hand car. It seemed too easy. Williams jumped out, shot Hasse, and climbed back in. The couple ditched the car and Williams began plotting the next murder. The execution of an assistant district attorney stunned the country. The ATF, the FBI and the Texas Rangers joined the investigation. Though a few locals remembered the Williams trial and wondered about a connection, the feds sought bigger monsters. Could it be a Mexican drug cartel? The Aryan Brotherhood? McLelland wasn't sure. He was prepared, though. An end-of-days believer, his house was stockpiled with cases of canned food. He stashed loaded guns everywhere. Whatever came, he would be ready. But he wasn't ready for Eric Williams. When the doorbell rang on the eve of Easter Sunday, Cynthia McLelland opened it and invited the visitor inside. Williams shot her dead. Then he walked into the hallway and killed her husband. The murders were done
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., OHIO, TENN.
March 29 MARCH 29, 2018: TEXAS: Death penalty testimony paints violent portrait of officer's killer The jury that will decide whether to give the death sentence to Shaun Puente has heard days of testimony, before and during the punishment phase of his capital murder trial, about how dangerous he was. On Tuesday, a witness tried to describe how smart he was. Puente was found guilty last week of fatally shooting San Antonio Police Department Officer Robert Deckard during a highway chase in Atascosa County on Dec. 8, 2013, that started after Puente, according to witnesses, committed 2 armed robberies in San Antonio. Randall Price, a Dallas forensic psychologist, told the jury Tuesday that he tested Puente in 2017 for about 6 hours and determined his "full scale IQ" score to be 92, far above the score of 70 thought to be the level below which one would be intellectually disabled. Puente's defense team had frequently mentioned that their client had been pulled out of the 6th grade by his mother, and 1 of their witnesses, another psychologist, had previously testified that Puente was a "low-functioning" person. Price, who said he found Puente cooperative during testing, testified under cross examination by defense attorney Gary Taylor that there was such a large disparity between Puente's verbal and non-verbal IQ scores - 78 vs. 118 - that he could not rule out something like organic brain damage. On Monday, prosecutors presented 2 business owners who each said Puente robbed them at gunpoint weeks before the robberies that set off the fatal chase. Chaitan Mugili, 33, manager of the Oak Island Ice House on South Loop 1604, said he thought his life was over on Nov. 7, 2013, when Puente put a silver 9 mm Ruger semi-automatic pistol to his head. That encounter was caught on security video. "My daughter was literally 7 days old at the time," Mugili testified, as prosecutor Audrey Louis displayed several items of black clothing - hat, shoes, jacket, ski mask - Puente wore on his night of mayhem. "I thought I was going to die." Rodney Reed, owner of a car wash on South Flores Street, said a beloved 82-year-old employee nicknamed "Mac" was robbed by Puente, again on video, on Dec. 3, 2013, and that the man was traumatized, quit soon after, and died about 2 years ago. Previous testimony in the guilt-innocence phase of the trial implicated Puente in 2 robberies hours before Puente and his alleged accomplice, Jenevieve Ramos, led SAPD officers on a chase at speeds up to 115 m.p.h. through the South Side and on Interstate 37. Deckard, then 31, was shot from 250 yards away, through a broken back window of the fleeing car. Puente's attorneys conceded as the trial began that he fired the shot that killed Deckard - among about 45 shots he fired at 2 police officers that night - and said Puente was a methamphetamine addict who robbed people to support his habit. They said he was high on meth the night of the murder and as a low-functioning 6th-grade dropout couldn't intelligently confess to anything to police. Capital murder is punishable by death or life in prison without parole. Prosecutors in the punishment phase of the trial have lined up witnesses to fill out their portrait of the defendant as reflexively violent and dangerous, presenting 2 former wives among 3 women who said Puente abused them. Rebecca Cardenas testified Monday that she was married to Puente from 1999 to 2005, and frequently did drugs with him, but reported him to police after he violently argued with his family and forced her into a car with a hunting knife. Cardenas, 40, said she finally escaped the relationship when Puente came home at 7 a.m. from seeing another woman. "I waited until he fell asleep," she said, "and then I got my things and left." A 3rd grade teacher testified that "around 1996," when she was 14 and at school cheerleading practice, Puente awkwardly flirted with her, then forcefully groped her by putting his hands down her shorts. She filed a report with police. Puente's defense lawyers, Anna Jimenez and Gary Taylor, both paid for by Atascosa County as required by state law, only briefly questioned the prosecution's witnesses Monday. State District Judge Donna Rayes said she expects testimony in the stately courthouse in Jourdanton to go into next week. (source: San Antonio Express-News) PENNSYLVANIA: Family of Sgt. Robert Wilson seeks death penalty The case of 2 men accused of killing Philadelphia Police Sgt. Robert Wilson went before a judge Wednesday morning in Center City. Wilson was gunned down at a GameStop getting a video game for his young son in North Philadelphia in 2015. 2 suspects have been charged in the death of Philadelphia Police Officer Robert Wilson III. The trial has now been set for late fall with a pretrial hearing set for June. Once that announcement was made by Judge O'Keefe there was audible
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., FLA., ALA., OHIO
March 3 TEXASimpending execution Texas Gives Rosendo Rodriguez Execution Date of March 27, 2018 Rosendo Rodriguez III is scheduled to be executed at 6 pm CDT, on Tuesday, March 27, 2018, at the Walls Unit of the Huntsville State Penitentiary in Huntsville, Texas. 37-year-old Rosendo is convicted of the murder of 29-year-old Summer Baldwin and her unborn child in 2005. Rosendo has spent the last 9 years on Texas' death row. Rosendo grew up being abused by his domineering and alcoholic father. Rosendo attended Texas Tech. He was serving as a US Marine Corp reservist, and was in Lubbock, Texas for training at the time of the murder. Prior to his arrest, Rosendo worked as an office clerk and in food service. He had no prior prison record, however, following his initial arrest, he was also discovered to have murdered 16-year-old Joanna Rogers in 2004. Summer Baldwin's body was found stuffed inside of a suitcase in a Lubbock, Texas city landfill on September 13, 2005. Summer was a prostitute and a witness in federal counterfeiting case, making her death of interest to the Federal Bureau of Investigation (FBI). Finical records obtained by the federal government showed that Rosendo Rodriguez's debit card was used to buy an identical suitcase in WalMart the day before Summer's body was discovered. Video surveillance also showed Rodriguez with Summer. Financial records also showed that Rodriguez rented a hotel room. Hotel records showed that he signed in under the name "Thomas" Rodriguez. Police arrested Rodriguez at his parent's home in San Antonio, Texas. 3 weeks after his arrest, Rodriguez confessed to the murder of Summer. According to his confession, the 2 engaged in consensual intercourse. Rodriguez claimed that he killed Summer in self-defense when she came after him with a knife. As police continued their investigation, they discovered that Rodriguez was also linked to the disappearance of teenager Joanna Rogers, who had been missing for over 1 year. Like Summer, Joanna's body was also found stuffed in a suitcase in a landfill in Lubbock, Texas. In exchange for confessing to Joanna's body, Rodriguez's attorney negotiated a deal which would spare him from the death penalty, reduce the murder charge, grant him immunity for Joanna's murder, and sentence him to life in prison. On the day the plea bargain was to occur, Rodriguez's attorney said that for the past 24 hours, Rodriguez had maintained that he did not understand anything he was being told and then told the trial judge that he did not understand the questions being asked of him. The plea bargain did not go forward and Rodriguez's attorney withdrew from the case. Rodriguez was assigned new counsel and the trial began in 2008. Rodriguez argued that his combat training kicked in, causing him to murder Summer when she attacked him with a knife. He further alleged that he had no knowledge that she was pregnant. The prosecution alleged that he sexually assaulted Summer before killing her by strangulation and disposing of the body. Rodriguez was convicted and sentenced to death in April 2008. Please pray for peace and healing for the families of Summer Baldwin and Joanna Rogers. Please pray for strength for the family of Rosendo Rodriguez. Please pray that if Rosendo is innocent, lacks the competency to be executed, or should not be executed for any other reason that evidence will be presented prior to his execution. Please pray that Rosendo may come to find peace through a personal relationship with Jesus Christ, if he has not already. (source: theforgivenessfoundation.org) Executions under Greg Abbott, Jan. 21, 2015-present30 Executions in Texas: Dec. 7, 1982present-548 Abbott#scheduled execution date-nameTx. # 31--Mar. 27Rosendo Rodriguez III--549 32--Apr. 25Erick Davila---550 33--May 16-Juan Castillo--551 (sources: TDCJ & Rick Halperin) 3 Murder Suspects Escape Texas County Jail by Scaling Wall 3 murder suspects escaped a Texas jail Friday morning and were briefly on the loose before being apprehended. The men, who were accused of murder in separate incidents, escaped from Bexar County Detention Center in downtown San Antonio. Jacob Anthony Brownson, Luis Antonio Arroyo and Eric Trevino were discovered missing at around 10:40 a.m. local time and were apprehended in a restaurant less than an hour later. The woman who drove the trio's getaway car was also arrested. In a press conference, Bexar County Sheriff Javier Salazar said that the inmates cut a hole in the mesh of a 20-foot-tall fence and used bedsheets to escape. After getting to the street, the men were picked up in a white sedan. "Definitely a good ending to what was a tense situation. We are continuing to investigate ... we'll
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., GA., FLA., ALA., OHIO, WASH., USA
Feb. 24 TEXAS: Guilty: Kountze man faces death penalty at sentencing in child's deathThe members of the jury found Jason Wade Delacerda, 40, of Kountze, guilty of capital murder. A week of heart-wrenching testimony came to a close Friday morning and a jury of 9 women and 5 men began deliberations in the trial of a man accused of ending the life of his girlfriend's 4-year-old child. By 3 p.m. the jury made its decision. The jury foreman read the verdict Friday afternoon. The members of the jury found Jason Wade Delacerda, 40, of Kountze, guilty of capital murder. Delacerda faces the death penalty when jury members decide his punishment. The punishment phase of the trial will begin at 8 a.m. Monday. If he is sentenced to death, he would be the 1st person to receive the death penalty in Hardin County since the 1980's when Robert Streetman was sent to death row. He was convicted of shooting and killing Christine Baker, 44, whom he shot through a window as she sat watching TV in her Kountze home in 1982. (source: deathpenalty.org). The young victim, Breonna Nichol Loftin, died at CHRISTUS Southeast Texas - St. Elizabeth in 2011. Doctors said she had burns, bruises and broken bones. It's taken nearly 7 years for the case to be placed before a jury. An attorney for Jason Wade Delacerda did not offer opening statements Tuesday morning. Ryan Getz said he would rely on the jury to find evidence presented by the prosecution as too weak for a conviction. He asked the judge to "limit the scope" of questioning during the trial saying questions about the condition of the child at the hospital have nothing to do with how the child's injuries contributed to her death. Judge Steven Thomas denied Gertz's request to restrict the evidence. One of the first witnesses called by the prosecution is Jefferson County Medical examiner Tommy Brown. He said under oath that the young victim's death was caused by a severe head injury, known as "Subdural Hematoma." He said forensic evidence disputes Delacerda's claim that the injury was caused by a trampoline accident. Emergency room physician Dr. Charles Owen also took the stand on the 1st day of the trial. He testified that the child had multiple bruises, scabs and broken bones. He said there were signs of pushpins pressed into the victim's forehead. The defense objected to the prosecution's presentation of this evidence, saying it was not related to the child's death. Judge Thomas overruled the objection. Hardin County Sheriff's Office Captain Gary Spears testified about seeing the child's injuries while at the hospital. While Capt. Spears was on the stand, prosecutors played an audio recording of an interview with the defendant that was made as part of the investigation. Delacerda is heard on the tape saying that the burns could have been caused by a cigarette, but denied knowing how it could have happened. Delacerda's voice on the tape is also heard saying that Breonna's leg and head injuries were caused by a trampoline accident. Delacerda said her burns were caused by hot coffee. Jury members Wednesday continued watching video of Delecerda as he was questioned by 2 Hardin County investigators. Delecerda is heard explaining Breonna's injuries. An investigator is heard in the video telling the defendant that Amanda, the victim's mother, gave investigators a very different story than his. The video ends as Delecerda and one of the investigators began shouting at each other. The Jury had a short day on Thursday. Testimony was cut short because of an issue with one of the jury members, and the prosecution and the defense raised concerns they wanted worked out before testimony resumed Friday. Prosecutor Bruce Hoffer expressed concern of, "extreme risk of corroboration" between Delacerda's 2 sons. He asked that the sons be brought in separately when they testify. Defense attorney Ryan Gertz said he had an issue as to how recorded interviews with Delacerda???s sons were carried out. Both sides met with the Judge after the jury left Thursday morning. (source: 12newsnow.com) * Texas Dad Speaks Out After Saving Son Who Plotted Murders of Mom and Brother From Death Sentence The father of the man whose execution was commuted just before he was scheduled to be put to death said on Megyn Kelly TODAY that he is grateful his son's life was spared - even after the son's conviction for plotting the murder of his family members and the attempted murder of the dad himself. "I feel a great sense of relief and hope," Kent Whitaker told Kelly, adding, "He's been given a 2nd chance at life." In an attempt to gain hold of the family's $1 million estate, Thomas "Bart" Whitaker, plotted the murders of younger brother and mother in a brutal 2003 attack he masterminded that left Kent severely injured. While Kent was in the hospital recovering from his near fatal wounds, he vowed to forgive
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., GA., FLA.
Feb. 16 TEXASimpending execution Urgent Action FATHER APPEALS FOR SON'S LIFE TO BE SPARED Thomas Whitaker, aged 38, is due to be executed in Texas on 22 February. He was convicted in 2007 of the murder of his mother and brother in a shooting in which his father was badly wounded but survived. The father is appealing for clemency for his son. Write a letter, send an email, call, fax or tweet: * Calling on the Texas authorities to commute the death sentence of Thomas Whitaker; * Noting support for clemency from inmates, guards, and the prisoner's father, also a victim of the crime; * Noting that the actual gunman received a life sentence and the very troubling claims surrounding the prosecution's alleged solicitation of the defendant's confession and its use in arguing for a death sentence. Friendly reminder: If you send an email, please create your own instead of forwarding this one! Contact these 2 officials by 22 February, 2018: Clemency Section, Board of Pardons and Paroles 8610 Shoal Creek Blvd. Austin, Texas 78757-6814, USA Fax: +1 512 467 0945 Email: bpp-...@tdcj.state.tx.us Salutation: Dear Board members Governor Greg Abbott Office of the Governor P.O. Box 12428 Austin, Texas 78711-2428, USA Fax: +1 512 463 1849 Contact Form: https://gov.texas.gov/apps/contact/opinion.aspx Salutation: Dear Governor (source: Amnesty International USA) PENNSYLVANIA: DA to seek death penalty against man accused of killing ex-girlfriend The Allegheny County district attorney plans to seek the death penalty for a man accused of killing his ex-girlfriend. Matthew Darby is charged with criminal homicide, burglary, theft by unlawful taking and avoiding apprehension charges in connection with the death of Alina . The University of Pittsburgh student was killed inside her Oakland home on Oct. 8. Darby was served with a PFA that Sheykhet took out against him just 2 days before her murder. The former Pitt-Greensburg basketball player was on the run for several days until his capture in Myrtle Beach S.C. Sheyhet's parents released a statement on the DA's decision: "The Sheykhet family was asked for their input relative to DA Zappala's decision to seek the death penalty against Matthew Darby and they are in support of his decision." (source: WPXI news) NORTH CAROLINA: NC prosecutors to seek death penalty in Mariah Woods case The state intends to seek the death penalty in the case against Earl Kimrey, the boyfriend of Mariah Woods' mother. That's according to District Attorney Ernie Lee. He said the state also intends to declare the 1st-degree murder case as capital. Kimrey is facing charges of 1st-degree murder, felony child abuse inflicting serious bodily injury, felony common law obstruction of justice, felony concealment of death, 2nd degree burglary, felony larceny, and felony possession of stolen property. Kimrey, whose full name is Adolphus Earl Kimrey II, was initially charged on December 2 with obstruction of justice, concealing an unattended death, possession of stolen goods, 2nd-degree burglary and larceny after breaking and entering. Kimrey's court date was set for February 14 but he did not appear in court. Still, a small crowd gathered outside Wednesday morning to make sure all who passed by would know Mariah Woods is not forgotten. Each of the community members who stood outside held balloons in various shades of pink. It's a color that's become synonymous with the toddler. It's been nearly 3 months since Mariah went missing, and mothers like Heather Stevens gathered to show their love for her. "She should be here celebrating with her family and with her brothers," Stevens said. "She should be here for every day and every occasion." Also out front, Mariah's paternal grandmother, Debra Woods. She says the family is holding up, and wouldn't comment on Kristy Woods, except to say that she hadn't spoken with her. "People are helping with the cause and it means a lot to know she's touched so many people without even knowing them," Debra Woods said. Justice is all they want and Woods says she will continue to organize these peaceful demonstrations until it is served. Kimrey has been in custody in the Onslow County Detention Center with no bond. Kimrey's next court appearance in Onslow County Superior Court is scheduled for February 26. (source: WAVY TV news) GEORGIA: State seeks death penalty in Foster re-trial The state is seeking the death penalty in the re-trial of a man whose 1987 murder conviction was overturned by the U.S. Supreme Court in 2016. Preliminary hearings began Thursday in the trial of 50-year-old Timothy Tyrone Foster, who entered a not guilty plea to charges of murder and burglary. A date in mid-June has been set as the deadline for both sides to file motions in Floyd County Superior Court. Additional hearings could be held before that time. Foster
[Deathpenalty] death penalty news----TEXAS, PENN., S.C., FLA., OHIO
Feb. 14 TEXASimpending execution Texas father makes personal plea to spare condemned son's life With his son's execution 9 days away, Kent Whitaker met Tuesday in Austin with the chairman of the Texas Board of Pardons and Paroles to personally request mercy for the child responsible for ripping his life apart. Thomas "Bart" Whitaker was sentenced to death for arranging the 2003 ambush that killed his mother and brother and severely wounded his father in their Sugar Land home. Even so, Kent Whitaker has forgiven his son - and he desperately wants Texas officials to honor his request to spare the life of "the last surviving member of my natural family." "Nobody in my family wants to see him executed, and I'm going to be thrown into a deeper grief at the hands of the state of Texas and in the name of justice, and I just feel there is a more appropriate sentence than execution," Kent Whitaker said after a half-hour meeting with David Gutierrez, chairman of the 7-member parole board. "Texas prides itself on being a victims' rights state," he said. "But being a victims' rights state should mean something ... even when the victim, as in this case, is asking for mercy and not just revenge." Whitaker said Gutierrez did not ask questions or react to his message or statements made by his brother, Keith Whitaker, and his 2nd wife, Tanya Whitaker. "It's extremely rare that a board member will meet with a victim, and we're very grateful that Chairman Gutierrez gave us the time out of his schedule to actually hear our heart and what this coming execution is going to mean to our family and the chaos it's going to put us in," Kent Whitaker said. "I can't tell you how it went; I don't know," he said. "I have been told that it will be a week from today before the votes are collected, so we're going to be in limbo for at least another week as to what they are going to choose to do." Last month, lawyers for Kent Whitaker filed a clemency petition asking the parole board to recommend that Gov. Greg Abbott reduce Thomas Whitaker's sentence to life in prison, and they presented an affidavit signed by the inmate that waives parole should his sentence be commuted. The petition argued that commutation would spare additional grief for Kent Whitaker, the crime's chief living victim, and that Thomas Whitaker's exemplary conduct on death row earned him the right to seek mercy - earning a college degree by mail, encouraging other condemned inmates to get their high school GED certificates and talking an inmate out of attacking a guard. The petition included affidavits from 4 former and current death row guards who called him a "model inmate" who follows orders, is respectful and easy going, and has been a positive influence on other inmates. The petition also noted that the shooter, Chris Brashear, was given a life sentence after pleading guilty to murder, while the getaway driver, Steve Champagne, agreed to a 15-year plea deal and testified against Whitaker. Prosecutors in the Fort Bend County district attorneys office oppose clemency, saying jurors chose to assess the death penalty even after hearing from Thomas Whitaker's father and learning that his accomplices had received lighter sentences. Knowing he faces long odds in reversing his son's punishment, Kent Whitaker said he hoped that Abbott would see an opportunity for a "win-win situation." "I know he doesn't want to appear to be soft on crime, and he never has been," Kent Whitaker said. "But some would argue that spending life in prison for the rest of your natural life is a harder punishment than being placed on death row for a short period of time. He could still be tough on crime by inflicting that very hard penalty ... and at the same time honor my rights, as a victim, to mercy in this case. "We're not asking them to forgive him or let him go, we just want them to let him live." (source: Austin American-Statesman) PENNSYLVANIA: Death penalty sought against man charged in Homewood fire that killed 3 The District Attorney will seek the death penalty against a man accused of starting a deadly house fire last year in Pittsburgh's Homewood section that killed 2 adults and a child. Martell Smith, 41, is charged with 3 counts of homicide for the deaths of Shamira Staten, 21, her 4-year-old daughter Ch'yenne Manning and Sandra Carter Douglas, 58, all of whom died in the fire at their Bennett Street home. Smith is accused of starting the fire at 2:20 a.m. on Dec. 20 after a bar fight earlier that night in Penn Hills. The altercation was allegedly with someone else who lived in the home. None of those killed were involved in the fight. "Yep, yep, I did it, they shouldn't (expletive) with me," a witness heard Smith say at the scene while the house burned, according to the criminal complaint filed the day after the fire. District Attorney Stephen A. Zappala Jr. cited 6
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., FLA., OHIO
Feb. 13 TEXAS: DA's office to mull death penalty in 2006 Donna murder The Hidalgo County District Attorney's Office requested more time Monday to decide whether they will again seek the death penalty against a man who won a new punishment trial on appeal. Douglas Armstrong was sentenced to death in 2007 for the previous year's murder of Rafael Castelan in Donna. The Texas Court of Criminal Appeals granted Armstrong, 47, a retrial for the punishment phase in November 2017, and the assistant district attorneys trying the case were expected to announce their decision Monday. District Judge Noe Gonzalez granted the state's request for additional time, telling Armstrong the state has "a very complex decision to make." Gonzalez gave the DA's office until March 19 to determine whether to seek the death penalty, and thus go to trial, or have Armstrong re-sentenced to life in prison without parole, the automatic sentence for a capital felony in Texas. Both parties will return to court for a pre-trial hearing that day. (source: Brownsville Herald) ** Inmate Awaits His Punishment Next Month The punishment phase for a death row inmate accused of killing a Donna man in 2006 is underway. In 2007 a jury decided on the death sentence for 47-year-old Douglas Armstrong for the death of 60-year-old Rafael Castelan. In November 2017 Armstrong won a new punishment trial. Today a judge granted state prosecutors in the case more time to decide if they'll seek the death penalty. If they choose not to Armstrong will be sentenced to life in prison without parole. Douglas Armstrong is scheduled to return to court on March 19 for his sentencing. (soruce: rgvproud.com) PENNSYLVANIA: Shooter outside O'Halloran's could face death penalty, DA says; 2nd person of interest identified What started out as a simple disagreement in a Lancaster city bar turned deadly when the 4 men involved were asked to leave the premises. Once outside, according to police, Marcus McCain, 29, and his brother Travis, 20, started walking away. That's when 34-year-old Alexander Cruz pulled a handgun and fired "multiple shots," killing Marcus and wounding Travis, acting city police Chief Jarrad P. Berkihiser said at a press conference Monday morning. Cruz, he said, was apparently the only person with a gun at the shooting, which occurred outside O'Halloran's Irish Pub & Eatery, in the 100 block of Fairview Avenue, shortly after 1 a.m. Saturday. "This wasn't a shootout," Berkihiser said. "It was a senseless act of violence." Police recovered 11 .380 caliber shell casings at the scene, according to the affidavit. Marcus McCain "sustained multiple gunshot wounds to his torso" and was pronounced dead at Lancaster General Hospital, the affidavit says. His death was ruled a homicide after an autopsy Monday by Lancaster County Coroner Dr. Stephen Diamantoni. McCain died of multiple gunshot wounds to his body, Diamantoni said. Travis McCain "sustained multiple gunshot wounds to this legs" and "underwent emergency life saving medical treatment" for his injuries, according to the affidavit. He remains in stable condition, Berkihiser said Monday. Police identify victim, arrest Lancaster man for fatal shooting Saturday morning outside O'Halloran's Pub Death penalty an option Lancaster County District Attorney Craig Stedman joined Berkihiser in lauding investigators, who "worked nonstop" since the shooting to identify and locate 2 persons of interest - both of whom were captured on video inside the bar. Cruz was identified after media circulated video footage, which Berkihiser said led to numerous calls from the public within minutes of its release. Cruz, whose last known address is in the 700 block of South Lime Street, was located early Sunday morning at an Ephrata Township home and arrested. He was charged Sunday with 1 count of criminal homicide, 1 count of attempted homicide and 2 firearms violations before District Judge Adam Witkonis. He is being held in Lancaster County Prison. He was denied bail due to the homicide charge, according to court documents. Cruz, according to the affidavit, is prohibited from possessing a firearm because of a robbery conviction in 1999. According to court and newspaper records, he pleaded guilty that year to participating in the armed robbery of a city grocery store. The district attorney's office may pursue the death penalty in this case, Stedman said, although it's still too early to say for sure. Investigators have not uncovered any history between the shooter and the victims prior to the disagreement at O'Halloran's, Stedman added. 2nd person identified The 2nd person of interest in the video has been "identified and located," Berkihiser said. "He has been spoken to." The 2nd man is not being identified by police because he has not been charged with a crime, the acting chief said.
[Deathpenalty] death penalty news----TEXAS, PENN., GA., FLA., ALA., MISS.
Feb. 7 TEXAS: New punishment trial begins for convicted murderer Stanley Griffin Convicted murderer Stanley Lamar Griffin returned Tuesday to a Brazos County courtroom where a second jury will hear punishment testimony to decide his fate -- a hearing that comes almost 6 years after he was sentenced to death for killing a single mother and injuring her son. The retrial for the punishment phase was ordered in 2016 by the state's highest court after deciding that the slaying of the 29-year-old College Station woman and the attack on her 9-year-old son didn't meet the standard required for a death penalty case. The jurors heard Tuesday from 14 witnesses called by the prosecution, many of whom testified about Griffin's tendency toward aggression and violence. Among them was Jodie Piacente, whom Griffin was convicted of attacking in 1990. He served 13 years of a 20-year sentence in prison for the crime before moving to the Bryan-College Station area. Griffin was arrested in September 2010 after authorities found Jennifer Marie Hailey dead in her apartment off Pedernales Drive. Her son knew the suspect and identified him by name to police later that morning; DNA evidence tied Griffin to the crime scene, according to testimony in the 1st trial. In that 2012 trial, Griffin was found guilty of capital murder in the strangling death of Hailey and for choking and stabbing her son with a garden trowel after killing her. That ruling was overturned when the Texas Court of Criminal Appeals voted 6-3 that there was not enough evidence to prove capital murder. Such a conviction requires the state to prove that Griffin killed a person while also committing another felony, such as kidnapping, robbery, aggravated sexual assault, arson or burglary. Capital cases don't allow for aggravated assaults, injury to a child or attempted murder as the secondary crime. Prosecutors argued in the 1st trial that Griffin had effectively kidnapped the boy by ordering him to his room. The sentencing retrial will determine how long Griffin will spend in prison. The 52-year-old faces between 5 years to life in prison. Brazos County First Assistant District Attorney Brian Baker told jurors in his opening statement that they would be seeking the maximum sentence -- life behind bars. "We're going to ask you [the jury] to protect anyone and everyone in this man's path," said Baker, outlining decades of consistent violent behavior exhibited by Griffin. Griffin's defense declined to make an opening statement, reserving the right to do so after the state wraps up its case. Piacente, who was the 1st to testify Tuesday, said she first met Griffin in Webster, Texas, as a neighbor and acquaintance of her then-boyfriend. Shortly after that boyfriend moved out of the apartment where she and her 2 children lived, Piacente said she was awakened in the middle of the night to find Griffin standing over her. She said he told her he noticed her door was open and came inside to make sure everything was OK. As she was walking him out, Piacente said Griffin went to the kitchen, and she noticed the living room window had been shattered. Piacente said he returned with a knife, which she managed to knock away before he began to choke her. After a struggle, and with the assistance of her son, who distracted Griffin, Piacente was able to escape and alert police to the attack. The 10-woman, 3-man jury -- 1 is an alternate -- also heard from Andrea Calixte, whom Griffin dated for the more than 5 years leading up to Hailey's death, and her son, Jordan Maupin, with whom Griffin often clashed. During the several years of their on-and-off relationship, Calixte said there were several instances of verbal abuse and a few physical altercations -- 1 of which resulted in a broken tooth and cut lip after she said Griffin pushed her down and she fell into a clay pot. Griffin was arrested and served several months in jail for the offense, after which Calixte said she was convinced to give him another chance. Calixte said Griffin told her on multiple occasions during the relationship that he would kill both her and her children if she ever left him. Maupin, who was a teen at the time Griffin and his mother were in a relationship, said in his testimony he had an adversarial relationship with Griffin. He testified that Griffin was frequently verbally -- and occasionally physically -- abusive toward him. In what he said was Griffin's first instance of violence toward him, Maupin said the man choked him and briefly lifted him off the ground by his neck. Maupin said he tried to tell his mother about the abuse, but it was dismissed at the time; Calixte testified that she does not remember being told of any violent incidents until later in the relationship. Eventually, Calixte said she was able to save up enough money to rent her own apartment without Griffin's knowledge, and get herself and
[Deathpenalty] death penalty news----TEXAS, PENN., GA., FLA., ALA.
Feb. 4 TEXASimpending execution Texas man vowed to forgive whoever killed most of his family; then he learned it was his son Rage and faith warred inside Kent Whitaker as he lay in a hospital bed with a 9mm bullet hole 6 inches from his heart. It was December 2003, and the pillars of the Houston-area man's life had just been ripped down. A husband of 28 years, he was now a widower. Of his 2 college-age sons, 1 was dead and the other was recovering from a gunshot wound. A man of faith, he was burning at God for letting tragedy strike. His anger tightened specifically around the unknown shooter who had ambushed the 4 as they came home from a family dinner. "All I could feel for this person was an incredibly deep and powerful hatred," Kent told The Washington Post this week. "Just thinking about how I could inflict pain on him." But Bible verses also pushed into Kent's thoughts. "And we know that in all things God works for the good of those who love him," he recalled. "Vengeance is mine; I will repay, saith the Lord." Although the settlement brings closure, families said they still are searching to forgive. Revenge was a dark path he did not want to step down, Kent realized, so he resolved to forgive the shooter. Lying in the hospital bed, it seemed impossible. But he would do it. No matter who it turned out to be. "As soon as that happened, there was a warm glow that flowed over me," Kent said. "It took the fire out of me." What Whitaker didn't realize then was that the man he would have to forgive was his surviving son, Thomas "Bart" Whitaker. In the spring of 2007, Bart was convicted of orchestrating, along with two accomplices, the murders of his mother, Tricia, 51, and younger brother, Kevin, 19. During the attack, Bart was purposely shot in the arm as a way of diverting suspicion. Jurors sentenced him to death. Throughout the appeals, however, Kent has stayed by his son's side -- and remains there today, as the state prepares for Bart's Feb. 22 execution. With time running short, the Whitakers have filed a request with Texas Board of Pardons and Paroles to recommend a sentence commutation, to life in prison, to Gov. Greg Abbott. Kent's forgiveness is the bedrock of the petition. The board's role is to provide a check on the justice system when it fails, Kent said this week. His son's sentence was flawed because no one -- neither Kent nor Tricia's family -- pushed for his execution. "I feel the whole decision to pursue the death penalty was an overstep," Kent said. "This isn't just a case of a dad who is ignoring the truth about his son. Believe me, I'm aware of what his choices have cost me." The Whitakers' last-shot appeal is framed by a dramatic debate working through courtrooms across the country, the same issue spotlighted by the recent sentencing hearing for Larry Nassar. When more than 160 abuse survivors marched into a Michigan courtroom to testify about the fallout from the disgraced USA Gymnastics doctor's abuse, it amplified the power of victim's' participation in the legal system. Kent's appeal channels the same question: How can justice be served if victims are not involved in the process? "Texas claims to be a victims' rights state. It's something we're proud of," Whitaker told The Post. "I'm asking for the board to recognize victims' rights means something even when the victim is asking for mercy, not just when they are asking for vengeance." Although investigators initially thought the Dec. 10, 2003, shooting was the work of a burglar interrupted in the middle of a break-in, clues began pointing elsewhere. Drawers were pulled out in the house, consistent with a break-in, but the contents of the drawers were still neatly organized, not ransacked. Also, the only item missing from the house was Bart's mobile phone. Why leave everything else except a phone? Also, on the night of the murders, Bart had invited the family out to dinner because he wanted to celebrate his upcoming college graduation. But police learned Bart was not about to graduate college. He wasn't even enrolled in school, a fact he had kept hidden from his parents. For 7 months after the shooting, Bart lived at home with his father. Police told Kent his son was a suspect and warned he still could be in danger. "He continued to deny it, and the police continued to say he was their suspect," Kent told The Post. "I didn't know who was telling the truth. I told the police, 'If I see something, I'm going to tell you. But I'm not going to abandon my son. I'm going to stand with him through all of this even if he's responsible.'" Police found their strongest lead when a former roommate of Bart's came forward and said the 2 had plotted earlier to kill the Whitakers. Investigators recorded a phone conversation between the 2. Although Bart said nothing specific about the killings, he did agree to pay the roommate $20,000. Then he
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., ALA.
Jan. 30 TEXASimpending execution Texas man set for execution hopes Supreme Court cases will stop his deathWilliam Rayford, a 64-year-old death row inmate convicted in the 1999 murder of his ex-girlfriend, is hoping 2 previous U.S. Supreme Court cases will be the key to stopping his execution Tuesday. William Rayford's lawyers are hoping 2 recent U.S. Supreme Court cases will stop his execution set for Tuesday night. In multiple last-minute appeals, the 64-year-old death row inmate claims his sentencing trial in the 1999 murder of his ex-girlfriend was tainted by racial prejudice and that he was wrongly denied federal funding to further investigate evidence that could have persuaded a jury to give him a lighter sentence. His legal team said these issues "mirror" those of the recent cases the high court heard of fellow death row inmates Duane Buck and Carlos Ayestas and should therefore serve as reasons to put off his death. Rayford has been on death row for 17 years. He was convicted in Dallas County for the kidnapping and death of 44-year-old Carol Hall. In November 1999, Rayford entered Hall's house and the 2 began arguing, according to court documents. Hall's 12-year-old son came into the room, and Rayford stabbed him in the back before chasing Hall as she ran out of the house. When the cops found her body in a nearby culvert later that day, she had been strangled, beaten and stabbed. Rayford had previously pleaded guilty and served 8 years of a 23-year sentence in the 1986 murder of his ex-wife, records show. "Statistically, you lose more than you win," said Bruce Anton, Rayford's lawyer, when asked about his hope for a stay of execution. But he said he is optimistic based on the two Supreme Court cases. Last February, justices ruled that Buck's case was prejudiced by an expert trial witness who claimed Buck was more likely to be a future danger because he is black. To sentence someone to death in Texas, the jury must unanimously agree that the person would likely be a future danger to society. Chief Justice John Roberts wrote in the court's majority opinion that the defense attorney was ineffective by bringing forth the psychologist who made the racial remarks. Buck has since been re-sentenced to life in prison. "When a jury hears expert testimony that expressly makes a defendant's race directly pertinent on the question of life or death, the impact of that evidence cannot be measured simply by how much air time it received at trial or how many pages it occupies in the record," Roberts said in the opinion. "Some toxins can be deadly in small doses." Rayford, who is also black, presented what he claims is a similar situation in his petition to the Texas Court of Criminal Appeals earlier this month. During his sentencing trial, Rayford's defense lawyer asked the state's expert on prison violence if the racial makeup of the unit is something that relates to the number of prison assaults. "It has a factor on it," said the Royce Smithey, chief investigator of the state unit that prosecutes crimes in prison, according to court records. The state appellate court rejected Rayford's appeal Friday, with Judge Barbara Hervey writing in the majority opinion that the Buck decision was based partially on the specific psychologist who had made the remark, since his testimony on race and danger had been knocked down by the high court in another case involving a Hispanic inmate. She also said that Smithey did not give any opinions about a particular race or how race factored into prison violence, unlike in Buck's case. "I do not read Buck as holding that defense counsel is ineffective for merely allowing a witness to use the word "race" in his or her testimony about future dangerousness," Hervey wrote in her concurring opinion, which was joined by Presiding Judge Sharon Keller and judges Michael Keasler and David Newell. Judge Elsa Alcala, known death penalty critic on the all-Republican court, said in a dissent that she would stop the execution until the court could fully examine the claim that Rayford's attorney was ineffective for evoking race-based testimony in the trial, pointing to Roberts' statement about the power of small doses. "It is unconstitutional to carry out a death sentence that was imposed on the basis of a powerful racial stereotype - that of black men as 'violence prone,'" she wrote, joined by Judge Scott Walker. Rayford has appealed the court's ruling to the U.S. Supreme Court, which had not yet ruled in the case Monday. In federal district court, Anton is putting more weight into the argument that he claims matches that of Carlos Ayestas, whose case was heard by the high court in October but has yet to see a ruling. Ayestas' lawyers argued that he was wrongfully denied funding from the federal courts during later appeals to investigate previously unexplored evidence that could sway a jury to
[Deathpenalty] death penalty news----TEXAS, PENN., VA., N.C., S.C., FLA., ALA., LA.
Jan. 26
TEXASimpending executions
Death Watch: Rayford, BattagliaHuntsville heats up
William Rayford faces his 1st execution date on Tuesday, Jan. 30, for the 1999
kidnapping and murder of ex-girlfriend Carol Hall. The 64-year-old Dallas
native was on parole at the time, as part of a 23-year sentence for murdering
his wife.
Last week, Rayford's attorney Bruce Anton asked that the Texas Court of
Criminal Appeals stay Rayford's execution on grounds that testimony suggesting
that Rayford's race could make him a future threat played a role in his
sentence. The appeal also challenges the work of Rayford's trial attorneys, who
failed to raise the issue of their client's mental health (brain damage brought
on from lead poisoning), and did not pursue other alleged evidence. Anton also
cites Rayford's 16 years on death row as a form of cruel and unusual
punishment. Rayford appealed for a new trial in 2012 on similar grounds,
unsuccessfully.
Meanwhile, John Battaglia is up again - scheduled for death on Thursday, Feb.
1. He's been in Livingston since May of 2002, after he was convicted of killing
his 2 young daughters while on the phone with their mother, his ex-wife. He
narrowly avoided execution in March of 2016 when the 5th Circuit Court of
Appeals issued a stay so the trial court could consider claims of competency
("Matters of Incompetence," Dec. 2, 2016), but in September the Court of
Criminal Appeals found Battaglia competent to face his execution. He appealed
to the U.S. Supreme Court in December; justices have yet to rule.
Rayford and Battaglia would be the 2nd and 3rd inmates executed in the new
year. Huntsville has 3 others already on the calendar for this spring,
including Thomas Whitaker on Feb. 22. In 2003, Whitaker plotted to have his
brother and parents killed by a hit man. His brother and mother died; his
father, Kent, was shot in the chest but survived. Kent has never sought death
for his son, and earlier this month appealed to the state's Board of Pardons
and Paroles that they recommend Gov. Greg Abbott commute Thomas' sentence to
life in prison.
(source: Austin Chronicle)
*
2nd Death Penalty Hearing Pending For Donna Man's Killer
Hidalgo County prosecutors will say next month whether they'll seek the death
penalty in a 2nd sentencing hearing for an Alabama man convicted and condemned
for robbing and killing a man in Donna 11 years ago. 47-year-old Douglas
Armstrong won a new punishment hearing when the Texas Court of Criminal Appeals
late last year threw out his death sentence. The court ruled Armstrong's trial
attorneys were constitutionally inadequate in presenting their case for why he
should not be sentenced to death.
A Hidalgo County jury had found Armstrong guilty of robbing and slashing the
neck of 60-year-old Rafael Castelan outside a Donna bar in April 2006. If
prosecutors decide to not seek a 2nd death penalty hearing, Armstrong would
receive an automatic sentence of life in prison without parole.
(source: KURV news)
*** Executions under Greg Abbott, Jan. 21, 2015-present28
Executions in Texas: Dec. 7, 1982present-546
Abbott#scheduled execution date-nameTx. #
29-Jan. 30-William Rayford547
30--Feb. 1-John Battaglia-548
31--Feb. 22Thomas Whitaker549
32--Mar. 27Rosendo Rodriguez III--550
33--Apr. 25Erick Davila---551
(sources: TDCJ & Rick Halperin)
PENNSYLVANIA:
5 death row inmates challenge policy of solitary confinement
5 death row inmates sued Pennsylvania prison officials on Thursday, challenging
a policy that keeps the convicts isolated most of the time and calling the
practice degrading and inhumane.
The federal lawsuit asks the court to end mandatory, indefinite solitary
confinement for the 156 men on death row at Graterford and Greene state
prisons.
The lawsuit said death row inmates are locked up alone 22 to 24 hours each day,
and their small cells are kept illuminated at all hours.
"The devastating effects of such prolonged isolation are well known among
mental health experts, physicians and human rights experts in the United States
and around the world," the lawsuit said. "It is established beyond dispute that
solitary confinement puts prisoners at risk of substantial physical, mental and
emotional harm."
The lawsuit seeks class-action status as well as a declaration that the
solitary policy violates constitutional protection against cruel and unusual
punishment and violates the guarantee of due process.
A Corrections Department official said the lawsuit was being reviewed. The
defendants are the Corrections secretary and the wardens at Graterford and
Greene.
The inmates who sued - Anthony Reid, 50; Ricardo Natividad, 49; Mark Newton
Spotz, 46;
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., S.C., FLA., ALA.
Jan. 20 TEXAS: Anthony Graves turns jailhouse writing into book, 'Infinite Hope' He started on a typewriter, click-clacking away into the night in the quiet of a prison cell. That was sometime around 2000, when Anthony Graves didn't know if he'd see the light of day again - back when the state still planned to execute him for a crime he didn't commit. In the nearly 2 decades he spent on Texas' death row, the wrongfully convicted Brenham man faced 2 execution dates. His 3 sons grew up without him. The world moved on, but he kept writing, typing, recording his thoughts. And then, there was hope. First, his co-defendant recanted. Then in 2006, a federal appeals court set aside his conviction and sentence. Finally, in 2010, prosecutors dropped the charges against him, and he walked out of prison a free man. Author appearance When: 7 p.m. Monday Where: Brazos Bookstore, 2421 Bissonnet Information: Free; 713-523-0701, brazosbookstore.com Now, all the labor of those late nights on a jailhouse typewriter has come to fruition. The exonerated man's 1st book - "Infinite Hope" - was released last week. In anticipation of his Monday appearance at Brazos Bookstore, Graves talked about his journey and his hopes for the future. Q: So, first of all, it looks like you haven't been in the news that much in the past couple of years - what have you been keeping busy with? A: I've been doing everything! I've been traveling around the world sharing my message about criminal justice reform, and also I spent a lot of time writing my book, as well as teaming up with the ACLU to be part of their Smart Justice initiative. And I'm also still on the board of the Houston Forensic Science Center. Q: Did you always know you would write a book about this someday? A: Yes - I knew that the story needed to be told. This story is to be shared with the rest of the world to awaken some people with the reality of the death penalty, not the theory. Q: Before all this, what was your take on the death penalty? A: I had no position on it - I just believed if you did the crime you did the time. I never thought about the death penalty itself ... In a perfect world, it could probably work, but we don't live in a perfect world. Q: Do you stay in touch with any of the men you did time with? A: Somewhat - but Texas executed most of the guys that I knew. I try to stay focused on the bigger picture. You try to eliminate the death penalty in the name of those people who were wrongfully executed. I was there when we were executing guilty people - but also when we were executing innocent people. Q: Do you think any of the guys who are still in there will read your book? A: They're anticipating it. As well as the criminal justice world - I think this book is going to be huge. Q: Is your book on the banned-books list? A: I hope that Texas prisons let it in! There's nothing in it that shouldn't let it in. Q: Did you write it that way intentionally, so guys in prison could read it? A: Yes. I wanted to make sure that those I was trying to reach out to and give hope to could actually receive this book. Q: Were you a writer before this? A: I wrote a lot of letters to people around the world asking them to save my life - maybe that turned me into a writer. Q: Do you ever wonder what your life would be like otherwise? A: No, I don't. I don't feel like I missed something - I feel like I was prepared for something. Because of what happened to me, I have a story to tell that changes people's lives, that gives people hope. Had this story not happened to me, I would not be able to give it to other people. I would just be the guy working and making babies. So in hindsight, this gave my life a lot of purpose that I didn't even know existed within me. Q: Are there any ways in which it's changed you for the better? Any positive takeaways from a really dark time? A: It has allowed me to put things and life in the proper perspective. It has taught me that what seems to be too big is not too big. It has given me a better appreciation for life every day. There is not a day in my life right now that I feel is too overwhelming, that I have problems. I'm happy to have whatever problems I have. I know that God is still being good to me if I can wake up and say that I'm still alive. Every day is a blessing, not just some days. That's what this whole experience has taught me. Be happy that you have the problems that you complain about. Q: So it's been, what, seven years now? Does it ever still feel weird being out after so many years in isolation? A: No. I deserved to be here. So it never felt weird. The thing with me that separated me from most is I never thought about dying - I always thought about living. So I lived on death row. Q: And when you had 2 execution dates? A: I never stopped living. When you're no longer afraid of death, you can't scare me with it. When I got a
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., LA., OHIO, ARK., IND., ARIZ., WASH.
Jan. 13 TEXASimpending execution His son tried to kill him; now father tries to halt his execution Thomas Whitaker is scheduled for execution on Feb. 22 for setting up the ambush that killed his mom, brother. His father survived the shooting and, after learning to forgive his son, is asking state officials for mercy. Thomas Whitaker is on Texas death row because he lured his family out to dinner so a friend could slip into their Sugar Land home to gun down his mother, father and brother when they returned. Shot in the upper chest in the 2003 attack, Kent Whitaker barely survived the ambush, but only after hearing the first 2 bullets that killed his youngest, Kevin, a college sophomore, and wife Tricia, whose last sounds he heard were a series of weak, wet coughs as blood filled her lungs. His father, however, is making a last-ditch plea to spare his son's life despite the heartache and suffering he has caused. In a plea for clemency on the father's behalf, Austin lawyer Keith Hampton and Houston lawyer James Rytting asked Gov. Greg Abbott to issue a rarely granted 30-day reprieve and for the Texas Board of Pardons and Paroles to recommend that Abbott commute Thomas Whitaker's sentence to life in prison. "I have seen too much killing already," Kent Whitaker told the American-Statesman. "I don't want to see him executed right there in front of my eyes. I know Tricia and Kevin would not want him to be executed. I can't imagine seeing the last living part of my family executed by the state, especially since all the victims didn't want that to happen in the first place." Whitaker said he, his immediate family and members of Tricia's family urged Fort Bend County prosecutors to choose a life sentence instead of the death penalty, but to no avail. Now, he said, it's time for Abbott and the 7 parole board members to finally listen. "We're not asking them to set him free. We're not asking them to forgive him. I mean, that's not their business, but what we are asking them to do is to correct a legal overstep that never should've happened in the first place," he said. Urging Abbott and the board to pay particular attention to the desires of Kent Whitaker, the crime's chief victim, the clemency petition posed a series of stark questions: -- "Is clemency warranted where execution might be justice for a wicked crime, yet would also permanently compound the suffering and grief of the remaining victim?" -- "Is death still the right answer even when it will subject a victim to new pain to be suffered in perpetuity?" -- "Is killing Thomas Whitaker more important than sparing Kent Whitaker?" The petition also noted that the shooter, Chris Brashear, was given a life sentence after pleading guilty to murder, while the getaway driver, Steve Champagne, agreed to a 15-year plea deal and testified against Whitaker. Forgiveness Kent Whitaker, 69, credits his Christian faith for helping him forgive Thomas - a journey he chronicled in the book, "Murder by Family," billed in a subtitle as the incredibly true story of a son's treachery and a father's forgiveness. As he lay in the hospital, Whitaker recalled, he was sharply torn between knowing that God wanted him to forgive the shooter and fantasizing about repeatedly hurting the gunman - who he saw as a vague, ski-mask-wearing figure inside his darkened home. "All I could do was ask God for help. When I did that, the strangest thing that ever happened in my life occurred. I felt a warm glow flow over me. It lasted only a couple seconds, but when it left, all the desire for revenge, all the hatred disappeared," he said. "I couldn't figure out why God would do that." Police soon broke the news that his son - who had been shot in the left arm, ostensibly while scuffling with the gunman - was suspected of arranging the shootings. The need for forgiveness became suddenly clear, he said. "If he was going to ever trust God, I realized that he needed to believe that forgiveness was available to him, and if dad could forgive him, then maybe God could forgive him," Kent Whitaker said. Prosecutors argued that Thomas Whitaker was under the mistaken belief that he would receive a $1 million inheritance, but Kent Whitaker believes his son was suffering from unrecognized mental health issues. "It was never about the money," Kent Whitaker said. "There wasn't that much to start with. The prosecution always way over-exaggerated my wealth because that played into their arguments." Fort Bend County District Attorney John Healey defended the decision to pursue the death penalty and pushed back against the clemency petition, telling the Houston Chronicle that Thomas Whitaker is "a master manipulator of reality," adding, "this approach doesn't surprise me at all." In addition to seeking support for the father???s wishes, the clemency petition argued that Thomas Whitaker has changed his life on
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., FLA., IND.
Jan. 12 TEXASimpending executions Questions Linger for Anthony Shore, Larry SwearingenShore to be 1st Texan executed in 2018 Houston serial killer Anthony Shore faces another death date, this one Jan. 18. Shore was originally set for execution in October, but that got halted by the Harris County District Attorney's Office amid rumors he was planning to confess to another murder: the 1998 killing of Melissa Trotter. Except Larry Swearingen had been convicted of kidnapping, raping, and strangling Trotter in 2000, and by then was preparing for his own execution in November. Assistant District Attorney Tom Berg said his office revoked Shore's execution warrant at the request of Montgomery County D.A. Brett Ligon, who believed Shore was colluding with Swearingen. (He says a folder was found in Shore's cell with information relating to Trotter's death.) Berg said the Texas Rangers have since interviewed Shore, who admitted he had "nothing to do" with Trotter's murder. Shore alleged he and Swearingen once contemplated conspiring, but had since "parted ways." Berg, who says his office and Ligon's have reviewed the interview, said Shore decided not to "take the fall" for his fellow inmate. Shore has exhausted his appeals; Berg said he's unaware of any new attempts to stay Shore's execution, and concluded that his case will see its "inevitable end" next Thursday. Shore's execution is just the beginning of a busy month. Swearingen, however, had his November execution stayed due to a filing error, and has since been granted additional DNA testing. Unlike Shore, who confessed to killing 4 girls between 1986 and 1995, Swearingen has maintained his innocence. His supporters, including his lawyer James Rytting, say he was in a county jail for outstanding traffic warrants at the time of Trotter's murder. The 19-year-old was last seen on Dec. 8, 1998, with Swearingen (who wasn't arrested until 3 days later), but her body wasn't discovered until Jan. 2. Rytting said forensic evidence suggests her body could not have been dumped in the woods until "a week or 10 days" after Swearingen was arrested. Included in the evidence sent out for testing is Trotter's rape kit, which was never tested and could exonerate Swearingen should analysts uncover another DNA profile. Samples of hair particles found on Trotter's undergarments and the alleged murder weapon (a torn pair of pantyhose) will also be tested. The evidence was shipped out in December and testing will likely take 4 weeks. Rytting was alarmed that the state had reissued an execution date for Shore. "They shouldn't be putting the guy into the ground with these questions still around," he said. He says 2 witnesses, with no connection to Swearingen, told the D.A.'s Office that Shore suggested to them that he was connected to Trotter's murder. The information, Rytting said, would "sure as hell" make Shore a suspect had it been provided prior to Swearingen's conviction. "It's a type of incriminating statement the prosecution seizes on all the time," he said. "You don't get to wiggle out of it with an 'Aw shucks, I was kidding.'" Shore will likely mark the 1st state-sanctioned killing of 2018, and his is just the beginning. William Rayford is scheduled for Jan. 30, and John Battaglia for Feb. 1. (source: Austin Chronicle) * Ending Texas' death penalty is priority for ex-governor's son now seeking state's top post Andrew White told reporters Thursday that he would try to eliminate the death penalty if elected as Texas governor. According to the Houston Chronicle, after speaking in a forum hosted by the Texas Tribune, White said he would try to commute sentences for death row inmates and ask the Legislature to outlaw lethal injections. "It is a flawed system. It is not a deterrent. It does not work," White said. "The data says we put innocent people on death row. Our system needs to be changed." His father, former Gov. Mark White, supported the death penalty, and Texas executed 20 inmates during his term. He later said executing prisoners was the "most distasteful thing I had to do" as governor. Mark White died in August at age 77. White also said Thursday that he wants to be the "education governor," according to a Tribune reporter. He said that public education needs billions of dollars more in funding and that he doesn???t understand the system's financing formula. "I have yet to meet somebody who can explain it to me. ... It's incredibly complicated and it shouldn't be," White said. White has advertised himself as a "common sense" Democrat. He said at a candidate forum Monday that as governor, he would would close commercial tax loopholes to raise teachers' pay and make sure Texans have access to affordable health care. "I'm an outsider with a fresh perspective to fix this mess," White said. "I have the ability and the judgment and the fight to beat Greg
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., CALIF., USA
Dec. 15
TEXAS:
Harris County Sues Major Drugmakers Over Opioid Epidemic
Harris County has become the latest government body to sue major drug
manufacturers for their hand in the opioid epidemic, alleging the companies
conspired to push highly addictive medication that harmed its residents.
The lawsuit, which was filed today in Harris County's 133rd State district
court, alleges drug companies including Purdue Pharma, Janssen Pharmaceuticals,
and Abbott Laboratories along with 5 "pill mill" doctors all conspired to get
Houstonians hooked on prescription drugs with devastating consequences.
"The defendants knew that the use of opioids had the potential to cause
addiction and other health maladies," according to the petition. "Driven by
profit, defendants engaged in a campaign of lies, half-truths, and deceptions
to create a market that encouraged the over-prescribing and long-term use of
opioids even though there was no scientific basis to support such use. The
campaign worked, and resulted in an exponential increase in opioid abuse,
addiction, and death."
Houston attorney Vince Ryan filed the suit against the defendants along with
the help of prominent Houston plaintiff attorneys Mike Gallagher and Tommy
Fibich. Ryan has a history of using contingent fee contracts to take on big
industry defendants - a move that was blessed most recently in 2013 by
Houston's First Court of Appeals when used by private lawyers to sue
International Paper to force them to clean up environmental waste along the San
Jacinto River. Several states around the country have also filed lawsuits
against drug manufacturers to help offset $78.5 billion economic burden of
prescription drug misuse and the State of Texas has joined a working group to
investigate the opioid pharmaceutical industry's conduct. Earlier this year,
Upshur County partnered with plaintiff lawyers in Dallas' Simon Greenstone
Panatier Bartlett to file public nuisance, fraud and racketeering allegations
against drugmakers in a lawsuit currently pending before U.S. District Judge
Rodney Gilstrap of Marshall.
(source: Texas Lawyer)
***
Money talks in the death penalty debate
Brent Ray Brewer has been sitting on death row since 1991.
John Balentine - since 1999. Brittany Holberg - since 1998. Travis Runnels -
since 2005.
It says something about capital punishment when an individual has been on death
row since before the Internet became commonplace. (In Brewer's case.)
These 4 Amarillo-area individuals (from Potter and Randall counties) are
perfect examples of the financial cost of capital punishment.
No matter on which side of the death penalty debate you fall, there is no
denying the significant financial cost of capital punishment - a cost which is
brought up routinely by death penalty opponents.
However, what are the reasons for these costs? One of the primary reasons is a
fact that death penalty opponents seldom mention - legal costs.
According to deathpenaltyinfo.org, "Each death penalty case in Texas costs
taxpayers about $2.3 million. That is about 3 times the cost of imprisoning
someone in a single cell at the highest security level for 40 years.
('Executions Cost Texas Millions," Dallas Morning News, March 8, 1992).'"
A significant chunk of that $2.3 million - a number which is undoubtedly higher
now - is to pay for the legal expenses of those convicted of the most heinous
crimes. (Speaking of heinous crimes, longtime Amarillo residents may be
familiar with Holberg, who was convicted of killing an 80-year-old man in 1996
by stabbing him more than 60 times.)
Take our neighbor - Oklahoma. Again, according to deathpenaltyinfo.org,
"Prosecutors (in Oklahoma) spent triple in pre-trial and trial costs on death
penalty proceedings, while defense teams spent nearly 10 times more. Oklahoma
capital appeal proceedings cost between 5 and 6 times more than non-capital
appeals of 1st-degree murder convictions."
More often than not, the legal costs related to capital punishment are dropped
on taxpayers - for individuals who sit on death row for decades.
The never-ending debate on the death penalty should include an honest and
realistic portrayal - which means all the reasons capital punishment is so
expensive should be examined.
The death penalty is not a major financial burden for taxpayers because death
row inmates are living high on the hog behind bars and eating caviar. A primary
reason is the legal expenses (paying the lawyers and attorneys) which drag on
for decades.
(source: Editorial, Amarillo Globe-News)
PENNSYLVANIA:
Lawyer 'Disappointed' by Death Penalty DecisionLawyer for man charged with
cousin in deaths of 4 young men shot and buried on Pennsylvania farm says he's
'disappointed' by prosecutors certifying his case for capital punishment when
it's cousin who's 'admitted killer'.
The Latest on 2 cousins charged with killing 4 young men
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., ALA., OHIO, CALIF., USA
Dec. 14 TEXAS: Texas leads the nation in executions, but its death row population is droppingTexas executed more people than any other state this year, but fewer new death sentences has led to a shrinking death row population. The number of inmates on Texas' death row dropped again this year, continuing a decades-long trend. The decline is caused largely by fewer new death sentences and more reduced punishments in recent years, according to end-of-year reports released Thursday by groups critical of the death penalty in Texas and across the country. But Texas still held more executions than any other state. "Prosecutors, juries, judges, and the public are subjecting our state's death penalty practices to unprecedented scrutiny," said Kristin Houle, executive director of the Texas Coalition to Abolish the Death Penalty, in the release of the group's annual report. "In an increasing number of cases, they are accepting alternatives to this flawed and irreversible punishment." Kent Scheidegger, legal director of the Criminal Justice Legal Foundation, which has supported death penalty practices in legal cases throughout the country, said he agrees that the decline is partially due to shifting attitudes among jurors and prosecutors, but added that death sentences are also down because there has been a drop in the murder rate nationwide. "The support for the death penalty for the worst crimes remains strong," he said. There are currently 234 inmates living with death sentences in Texas, according to the state's prison system. That number has been dropping since 2003. The death row population peaked at 460 in 1999, according to the Bureau of Justice Statistics. Here's how the death row population has changed over the last year: 7 men were executed. The same number of men were put to death this year as in 2016, which had the fewest executions in 2 decades. But even with its relatively low number, Texas was still the state with the most executions in the country. This isn't unusual given that the state has put to death nearly 5 times more individuals than any other state since the death penalty was reinstated in 1976, according to the Death Penalty Information Center. Texas accounted for 30 % of the nation's 23 executions in 2017. Arkansas was 2nd in the country with 4. Last year, Georgia put more people to death than Texas - the 1st time Texas hasn't been responsible for the most executions since 2001. 4 more men got cells on death row. 1 more person was sentenced to death this year than in 2015 and 2016, when only 3 men were handed the death penalty in each of those years. The number of new sentences, which ranged in the 20s and 30s each year in the early 2000s, dropped in 2005 after jurors were given the option to sentence convicts to life without the possibility of parole as an alternative to the death penalty. Before then, if a capital murder convict wasn't sentenced to death, he or she would be eligible for parole after 40 years. About 10 people in Texas were sentenced each year after that until the additional decrease in 2015. 2 men died while awaiting execution. Joseph Lave and Raymond Martinez both died this year before they were taken to the death chamber, even though they had had extended stays in prison. Lave passed away more than 22 years after his murder conviction, and Martinez had lived more than 30 years with a death sentence. 4 men had their sentences changed from death to life in prison. 2 U.S. Supreme Court decisions this year have so far resulted in the reduction of 3 death sentences to life in prison. The high court ruled against Texas in the death penalty cases of Duane Buck and Bobby Moore. Buck reached a plea agreement with Harris County prosecutors to change his death sentence to life in October after a February ruling by the court said his case was prejudiced by an expert trial witness who claimed Buck was more likely to be a future danger because he is black. In Moore's case, the justices invalidated Texas' method for determining if a death-sentenced inmate was intellectually disabled and therefore ineligible for execution. Though Moore's case has yet to be resolved (Harris County has asked the Texas Court of Criminal Appeals to reduce his sentence to life), 2 other men on death row with intellectual disability claims received life sentences after the ruling. Another man this April received a new punishment hearing in a 1991 murder and pled guilty, landing four consecutive life sentences over the death penalty, according to the Texas death penalty report. 9 men narrowly escaped execution - for now. Executions were scheduled - then canceled - for 9 men this year. 6 were stopped by the Texas Court of Criminal Appeals in light of pending appeals, and one was stopped by a federal court, the report said. 1 man, Larry Swearingen, evaded execution in November because of a clerical error,
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., ALA., OHIO, NEB.
Dec. 8 TEXAS: Texas district attorney who prosecuted Jeff Wood now wants him off death row The prosecutor in the death penalty case of a man who didn't kill anyone has asked the parole board and Gov. Greg Abbott to change his sentence to life in prison. Now the Kerr County district attorney, Lucy Wilke was the prosecutor in the 1998 murder trial of Jeff Wood - a man whose scheduled execution last year prompted lawmakers to question when the state should put accomplices to death. Although she originally decided to seek the death penalty for Wood, she said in a letter to the prison parole board that "the penalty now appears to be excessive." Wilke asked the board to recommend Gov. Greg Abbott grant clemency and change Wood's sentence to life in prison. The letter was sent in August, but The Texas Tribune received a copy from the Texas Court of Criminal Appeals Thursday after a Wednesday court order referred to it. "While I am aware that requests for clemency in Death Penalty Capital Murder cases are normally considered when there is an execution date pending, I respectfully ask that you consider this request for commutation of sentence and act on it now, in the absence of such an execution date, in the interest of justice and judicial economy," she wrote. The letter was co-signed by Kerrville Police Chief David Knight, who was an officer at the time of the murder, and the district judge who is handling Wood's current appeal, Keith Williams. A spokeswoman for Abbott did not immediately respond to requests for comment about the letter, but the governor has not changed a death-sentenced individual's sentence since he took office in 2015. A spokesman for the parole board did not say whether members have voted on the request. Jeff Wood's case gained national attention in August 2016, as his execution date neared. Wood, now 44, was convicted and sentenced to death in a 1996 Kerrville convenience store murder - he was sitting outside in the truck when his friend, Daniel Reneau, pulled the trigger that killed clerk Kriss Keeran. As an accomplice, he was sentenced under Texas' felony murder statute, commonly known as the law of parties, which holds that anyone involved in a crime resulting in death is equally responsible, even if they weren't directly involved in the killing. Wood's attorneys claimed he didn???t go to the store with the intention of having Keeran killed and didn't even know Reneau brought a gun. Prosecutors disputed that fact, saying Wood knew Reneau would kill Keeran if he didn't cooperate. In the months before his scheduled death, Wood's case drew the spotlight on Texas' law of parties, and a bipartisan group of state lawmakers sought to stop the execution. Rep. Jeff Leach, R-Plano, said more than 50 House members signed onto a letter he wrote asking Abbott and the Texas Board of Pardons and Paroles to reduce Wood's sentence. In this year's legislative session, lawmakers tried unsuccessfully to limit death sentences for those convicted under the law of parties. 6 days before his execution, the Texas Court of Criminal Appeals stopped it and sent the case back to the trial court in Kerr County to review Wood's claim that a jury was improperly persuaded to hand down a death sentence because of testimony from a highly criticized psychiatrist nicknamed "Dr. Death." Wood's lawyers claimed the psychiatrist, Dr. James Grigson, lied to jurors about how many cases he had testified in and how often he found a defendant would be a future danger. The lawyers claimed he almost always found they would be. A person can only be sentenced to death if a jury unanimously agrees that he or she would present a danger. In her letter, Wilke cites the issues with Grigson's testimony as reason for requesting a change of sentence. She claims she was unaware at the time of the trial that he had been expelled from the American Psychiatric Association and Texas Society of Psychiatric Physicians. "Had I known about Dr. Grigson's issues with said organizations, I would not have used him as the State's expert witness in this case on the issue of future dangerousness," she wrote. Wilke said she wants clemency for Wood because of Grigson's testimony and other factors including: the fact that he wasn't the shooter, his documented history of low intelligence and his nonviolent history in and out of prison. She mentioned that 3 jurors have submitted affidavits saying they would not have agreed Wood presented a future danger if they'd been aware of Grigson's issues. In April, the Kerr County court paused its review of the Grigson claims after Wood's lawyers said they and the state???s lawyers were in discussions about a "possible settlement," according to a Wednesday court order by the Court of Criminal Appeals. The order directed the trial court to resume its review regardless of the prosecution's request to leadership that Wood's sentence
[Deathpenalty] death penalty news----TEXAS, PENN., S.C., ALA., KY., ARIZ., CALIF., USA
Nov. 28 TEXAS: High Court Won't Review Beaumont Courthouse Shooter Case The U.S. Supreme Court has refused to review the conviction and death sentence of a Houston man for the slaying of a 79-year-old woman during a 2012 shooting rampage outside the courthouse in downtown Beaumont. The high court, without comment, ruled Monday in the case of 47-year-old Bartholomew Granger. He does not have an execution date and his lawyers are in the early stages of other appeals in federal district court. Granger testified at his 2013 trial moved to Galveston that he wanted the death penalty. He acknowledged opening fire on his daughter outside the Jefferson County Courthouse after she testified against him in a sexual assault case but said he didn't intend to kill a bystander, Minnie Ray Sebolt. Granger's daughter and her mother were among 3 people wounded. (source: Associated Press) PENNSYLANIA: Will Rahmael Holt Be Given The Death Penalty For The Murder Of Officer Brian Shaw? A prominent local defense attorney says the likelihood is very high that Rahmael Holt will be given the death penalty for the murder of New Kensington Police Officer Brian Shaw. "This poor young kid was doing this job protecting all of us, and for the defendant to turn around and do what he allegedly did is outrageous, and I think it will be treated as such," defense attorney William Difenderfer said. The killing of a police officer in the line of duty is a capital felony and the chances of a death penalty being imposed are greater than in other homicides. Richard Poplawski, convicted of murdering 3 Pittsburgh police officers, was sentenced to death and currently sits on death row awaiting execution. Difenderfer says the jury Holt will face in Westmoreland County will likely be apt to do the same. "You're going to be in Westmoreland County," Difenderfer said. "That's mostly a rural area. As we know, rural areas are typically conservative. Conservatives are typically pro-prosecution." But that's not always the case. In 2007, prosecutors were denied the death penalty they sought against Leslie Mollett for the murder of Cpl. Joseph Pokorny. The jury gave Mollett life instead. 4 years ago, Ronald Robinson also got life for the murder of Penn Hills Police Officer Michael Crawshaw. Difenderfer believes that won't be the case with Holt, but notes that the verdict must be unanimous with no dissenters. "When it ultimately comes to deliberate and them to go home knowing they voted to put a young man to death, that's a very tall order to ask of somebody," he said. If Holt is convicted and if the death penalty is sought, there's a good likelihood it will be granted, but the burden is high and it would take only 1 juror to spare his life. Holt is the 13th person since 2000 to be accused of killing a police officer in our region. Poplawski is the only one to receive the death penalty. 3 others received life in prison. Governor Tom Wolf has issued a moratorium on the death penalty. The last execution in Pennsylvania was carried out in 1999. (source: KDKA news) SOUTH CAROLINA: SC man on death row for parents' double murder in 1997 still appeals 20 years ago, Terry and Earl Robertson were beaten and stabbed to death in their Rock Hill home. Their son, James Robertson was charged and convicted of the killings. Robertson, known as "Jimmy," has been on South Carolina's death row for 18 years, since his 1999 conviction for double murder, armed robbery and credit card fraud. Saturday, Nov. 25 is the 20th anniversary of the murders and subsequent arrest. The deaths, and the ensuing trial, captured the nation's attention and continues to do so. This weekend, there will be a TV special focusing on the Rock Hill case. Meanwhile, Robertson is not done with his appeals. On Dec. 1, he will have a hearing on his latest attempt to get a new trial or his sentence overturned. State prosecutors with the S.C. Attorney General's Office, and lawyers who took on Robertson's case 6 years ago, are arguing whether Robertson's should get a new trial because of errors in 1999 by his trial lawyers and by prosecutors. "Justice is not fast, especially in capital cases," said Colin Miller, a University of South Carolina law school professor and legal expert in criminal procedure and evidence. "The 'CSI effect' is people expect cases to be resolved, finalized, quickly. Reality is there are people who receive death sentences that never are executed. Most of them are never executed." South Carolina does not have enough lethal injection drugs to execute anyone. A planned execution of a convicted killer, set for Dec. 1, has been postponed. Not a question of guilt Kevin Brackett, 16th Circuit Solicitor who prosecuted Robertson along with former prosecutor and current S.C. Rep. Tommy Pope, said there is no doubt that Robertson is guilty. "The evidence against him
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., LA., NEB., CALIF., USA
Nov. 26 TEXAS: Wheels of justice slow, methodical for Gregg homicide suspects After years of waiting in the Gregg County Jail, 4 of the county's 5 longest-waiting homicide suspects were sentenced and moved to prison this year. Eleven of the 28 homicide suspects held in jail this year were released to the Texas Department of Criminal Justice, but others have spent more than a year in jail. These cases often are part of a balancing act, moving slowly enough to ensure uncovering all possible evidence but quickly enough to meet the constitutional right to a speedy trial. District Attorney Carl Dorrough said waiting for DNA testing results to come back from state labs is one factor that can slow down a case. "Once we do our testing and are ready to go, we've had occasions where the defense requested additional testing," Dorrough said. Other factors, such as logistical challenges, also can come into play, Dorrough said. "You have to make sure all your evidence is ready and available, all your witnesses are ready and available, and you have to make sure the defense attorneys are available and ready," he said. Torry Reed, who waited nearly 5 years to go to trial after being charged with capital murder, was transferred to prison in April after receiving a 75-year sentence in connection with the 2012 fatal shooting of DeAundray Lamanze Rossum in 2012. His brother, Deion Reed, who was charged with murder in the same shooting, was given 60 years earlier this year. Dorrough said the Reed brothers' trials and lengthy waiting periods are abnormal. Their cases were made more complicated because 2 defendants were implicated in the same crime. "If you have multiple defendants all charged with the same crime, it's very difficult to try those cases together," Dorrough said. "Particularly in the Reed brothers' case, they could not be tried together. They had to have separate trials. Unfortunately, that strings things out further." While the number of homicide cases in the county has increased in the past few years, the number of courts available for murder trials and the number of prosecutors available to work those cases has not changed, Dorrough said. "At the end of the day, no one in our office is eating bonbons and drinking mai tais, just sitting around," he said. A state law implemented in 2013 also has slowed down some cases, Dorrough said. The Michael Morton Act, created after Morton was imprisoned for a murder he did not commit, requires the state to share all evidence uncovered with the defense, ensuring no stone goes unturned and each case gets looked at from all possible angles. Dorrough said that means asking law enforcement about evidence they don't know about or might not exist. "If we fail to (turn over evidence), it's the prosecutors who are held accountable," he said. "It's our licenses on the line, not those agencies who provide the documents and information." Defense attorney Jonathan Hyatt, who represents murder suspect Jessie Brown, said delays in DNA testing are a "systemic problem," sometimes taking 18 months or more. "The whole process takes forever. ... The Department of Public Safety lab just has a huge backlog (of evidence to test)," he said. But overall, Hyatt said, there are more concerns involved with rushing into a trial unprepared. "If you're sitting in jail, you have short-term and long-term interests. Long-term, it's getting resolution on your case, and short-term, it's getting out of jail," Hyatt said. "Nobody wants to sit in jail forever, but I'd rather be sitting in jail, accused of a crime, but get my best shot at the trial than hurry up the trial and have to appeal and all of that." However, the longer the wait, the more likely witnesses are to move away and the less likely their memory of an event will be reliable in court, Hyatt said. In addition to waiting on DNA testing or available resources, Dorrough said processes such as going through inmate phone calls, which might provide crucial evidence, or editing a video statement can hold up a case's progress. "Technology hasn't necessarily been our friend when it comes to making it quicker," Dorrough said. "It's labor intensive, going through all of that ... but we do it on these kinds of cases because it might provide evidence for our case or exculpatory evidence." The cost It has cost about $214000 to house the 15 homicide defendants in the jail - at a combined total of 6,908 days - as of Saturday. The average daily inmate cost for Gregg County Jail is $30.94. Kyron Templeton, the longest-waiting inmate in the county jail, has cost the county more than $45,000 since he was booked Nov. 26, 2013. Templeton is being held on $2.5 million bond, charged with capital murder and aggravated assault with a deadly weapon. He is accused of stabbing and killing 2 people at a Christus Good Shepherd Medical Center facility. But Hyatt, the
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., FLA., MISS.
Nov. 8 TEXASimpending execution exican citizen to be executed in Texas for killing cousin Police who stopped at a convenience store more than 20 years ago in South Texas determined 2 men at the business were drunk and told them to find a friend to drive them home. Ruben Ramirez Cardenas and buddy Jose Antonio Lopez Castillo instead dropped off their designated driver after a short distance and Cardenas drove the rest of the way to his home in Edinburg - to get a bottle of brandy. Then they hit the road again and headed to an apartment where Cardenas' 16-year-old cousin, Mayra Laguna, lived about 10 miles (16 kilometers) away in McAllen. Laguna was later found fatally beaten, her body rolled down a bank and into a canal near a lake in the Texas Rio Grande Valley. Cardenas, 47, a Mexican citizen who grew up in the Texas Rio Grande Valley, is set to be executed Wednesday for Laguna's February 1997 abduction and slaying. He would be the 7th inmate executed this year in Texas, which carries out the death penalty more than any other state. Attorneys for Cardenas say they plan to file multiple federal court appeals hoping to delay his punishment. They already appealed to state courts, arguing that evidence in his case should undergo new DNA testing because previous testing that pointed to him might not be reliable. Those courts rejected their arguments. Prosecutors have called the DNA testing request a delay tactic. It's not clear if the lawyers will present the DNA argument at the federal level. Attorney Maurie Levin, an attorney for Cardenas, said Tuesday the trial court and the Texas Court of Criminal Appeals, the state's highest criminal court, used "legal technicalities" to block new DNA testing "that could prove his innocence." Levin also argued the eyewitness testimony against Cardenas was shaky, contended that little physical evidence tied him to the killing and said a confession from him was obtained only after 22 hours of isolation and intense police questioning. "All hallmarks of wrongful convictions," Levin said. "To permit his execution to proceed when there is potentially exculpatory DNA testing available violates the most basic notions of fairness and justice." She added that the Mexican-born Cardenas wasn't told he could get legal help from the Mexican consulate. The victim's younger sister, Roxanna Laguna, told authorities she awoke in pre-dawn darkness to see an intruder in their bedroom. She said Mayra's mouth was taped and her hands were bound, and that the man went out a window with her. A woman at the Hidalgo County public housing complex where the Lagunas lived called police after seeing a man walking with a girl who was barefoot and only wearing a shirt and underwear. Cardenas initially was questioned about the teen's disappearance because he was a close family member who had socialized with the girl. He was released, then questioned again and arrested after authorities said information he provided conflicted with details from Castillo. In his statement to police, Cardenas said he was high on cocaine when he and Castillo drove around with Laguna in his mother's car and eventually had sex with her. He said when he untied her to let her go "she then came at me," scratching him and kneeing him. "I then lost it and started punching her on the face," he told detectives. He said after he hit her in the neck, she began coughing up blood and having breathing difficulties. After trying unsuccessfully to revive her, he said he tied her up "and rolled her down a canal bank." Hidalgo County prosecutors argued the DNA request was intended to delay the punishment and "muddy the waters." Prosecutors also pointed out in court filings that Cardenas led them to the scene of the killing, providing information not publicly disclosed. Being born in Mexico made Cardenas eligible for legal help from the Mexican consulate when he was arrested, according to provisions of the Vienna Convention of Consular Relations, which is a 1963 international agreement. The courts have allowed executions to move forward in several previous Texas death row cases in which the agreement was said to have been violated. Cardenas' friend, Castillo, was convicted of aggravated kidnapping and is serving a 25-year prison term. (source: Associated Press) ** Executions under Greg Abbott, Jan. 21, 2015-present26 Executions in Texas: Dec. 7, 1982present-544 Abbott#scheduled execution date-nameTx. # 27-Nov. 8--Ruben Cardenas-545 28-Dec. 14-Juan Castillo--546 29-Jan. 18-Anthony Shore--547 30-Jan. 30-William Rayford548 31--Feb. 1-John Battaglia-549 32--Feb. 22Thomas Whitaker550
[Deathpenalty] death penalty news----TEXAS, PENN., ALA., MISS., OHIO, KY.
Nov. 2 TEXASimpending execution Death Watch: Forced Testimony Over Evidence?No physical evidence implicates Cardenas in his cousin's murder Ruben Cardenas, a Mexican national convicted of capital murder for kidnapping, raping, and killing his 16-year-old cousin in McAllen, is scheduled for execution on Nov. 8, but his fight is far from over. This week, Cardenas' legal team, led by Maurie Levin and funded by the Mexican government, filed 2 appeals with the Texas Court of Criminal Appeals: one to reverse the Hidalgo District Court's Oct. 25 decision to deny DNA testing, the other seeking relief and a new hearing. Stories vary about Mayra Laguna's Feb. 22, 1997, abduction, but a 2016 interview with KRGV/Channel 5 News has Cardenas saying that his cousin asked him to fake her kidnapping and take her away. He said he drove her outside of town, where they got into a fight about her wanting to marry him and began hitting each other. "By the time I knew it, she was already just laying there," he said. In a panic, he dumped her body in a canal. According to his appeals, however, there was no physical evidence linking Cardenas to the crime - including no forensic evidence of sexual assault. Instead, prosecutors relied primarily on statements Cardenas made after his arrest. Levin writes: "His conviction and death sentence bear all the indicia of a wrongful conviction, including questionable eyewitness testimony, coerced, uncounseled confessions, and unreliable forensic evidence." Further, Mexican Capital Legal Assistance Program director Greg Kuykendall insists that as a Mexican national, Cardenas had a right to consult with Mexico's consulate for legal advice and representation under the Vienna Convention on Consular Relations. But Cardenas was never informed of that right after his arrest, nor was the consulate alerted. It took the state 11 days to appoint Cardenas' legal counsel; during that time, Kuykendall said, Cardenas' Miranda rights were "violated and he confessed." The consulate didn't learn of the charges against Cardenas until 5 months later. Kuykendall says Mexico has been "deeply involved in the case ever since, but a significant amount of damage" had already been done. Should his appeals be denied, Cardenas would be the 7th Texan executed in 2017. Executions have been largely unpredictable this year: Larry Swearingen was scheduled for Nov. 16 (and still is, according to the Department of Criminal Justice website), but the Houston Chronicle reported on Sunday that his execution had been stayed now that both sides have agreed to DNA testing. (Swearingen was convicted of the 1998 rape and murder of Melissa Trotter, but maintains he's innocent.) If Swearingen's name sounds familiar it's because he's partially responsible for Anthony Shore's 90-day stay last month. The state believes Shore colluded with Swearingen and was planning to claim responsibility for Trotter's murder. Meanwhile, Juan Castillo, whose August execution was delayed due to Hurricane Harvey, is back on the clock with a new execution date, Dec. 14. He's the last person scheduled to die by the state's hand in 2017. (source: The Austin Chronicle) *** Mexican national set for execution in Texas files last-minute appeal over DNA testing A Mexican national set to die by lethal injection next week in Huntsville is begging courts for a stay of execution as part of a last-minute appeal over DNA testing in a case that has sparked pushback from south of the border. A lawyer for Ruben Cardenas Ramirez filed papers Monday in the Texas Court of Criminal Appeals seeking to reverse a lower court's refusal to allow testing on fingernail scrapings from 16-year-old Mayra Laguna, who was murdered and tossed in a canal in 1997. Her cousin, a high-school dropout born in Mexico and raised in Texas, later admitted to the crime and was sentenced to death. But his lawyers argue the confessions were coerced and potentially exculpatory DNA evidence should be looked at before his Nov. 8 execution. "His conviction and sentence of death were obtained through the use of unreliable, coerced and false evidence, and DNA testing that is meaningless by today's scientific standards," attorney Maurie Levin wrote in Monday's filing. (source: Associated Press) *** Execution date set for Battaglia An execution date has been set for a man who shot his 2 daughters at his Deep Ellum loft in 2001 while their mother helplessly listened on the phone. John Battaglia, 62, is scheduled to be executed Feb. 1 in Huntsville. He had sought to delay or stop his lethal injection bysaying he was not mentally competent. But after a hearing last November, state District Judge Robert Burns found he was competent, and the Court of Criminal Appeals agreed. Battaglia shot and killed 9-year-ol Faith and 6-year-old Liberty in an act of revenge against hie ex-wife. "No,
[Deathpenalty] death penalty news----TEXAS, PENN., MD., FLA., OHIO, ARK.
Oct. 24 TEXAS: Capital case goes to trial: Tracy could face death if convicted in slaying Opening statements and testimony are expected to begin this morning in the capital murder trial of a Texas prison inmate accused in the July 2015 death of a correctional officer at the Barry Telford Unit of the Texas Department of Criminal Justice. The fate of 39-year-old Billy Joel Tracy lies in the hands of 12 Bowie County citizens. If the 7 men and 5 women on Tracy's jury find him guilty of capital murder in the July 15, 2015, beating death of Timothy Davison, 47, they will then be tasked with deciding if he should receive the death penalty or a sentence of life without the possibility of parole. At a pretrial hearing last week, 102nd District Judge Bobby Lockhart said he expects the guilt-or-innocence phase of Tracy's trial to take about a week. Commencement of the punishment phase of trial has been tentatively scheduled for Nov. 1, in the event Tracy is convicted. Davison, an officer with less than a year on the job, was escorting Tracy back to his cell in administrative segregation when the inmate slipped his left hand free of its cuff and attacked. When Davison was on the ground, Tracy allegedly grabbed his metal tray slot bar and used it to pummell him. The attack was captured from multiple angles on video surveillance. Davison was pronounced dead the same morning at a Texarkana hospital. Tracy has voiced his objections to being held at the Telford Unit during his trial. The next closest TDCJ unit to New Boston is several hours away, making it impractical to house him elsewhere. Personnel from TDCJ will be present in the courtroom, dressed in street clothes so as not to give the appearance to the jury that Tracy is an especially dangerous man. Tracy also will be dressed in street clothes rather than prison garb. Beneath his clothing, Tracy is expected to wear a locking leg brace and a device capable of delivering an electric shock. Tracy has been behind bars for more than 1/2 his life. In 1995, he was sentenced to a 3-year term for retaliation in Tarrant County, Texas. Three years later, Tracy was sentenced to life with parole possible, plus 20 years for burglary, aggravated assault and assault on a public servant in Rockwall County, Texas. In 2005, Tracy received an additional 45-year term for stabbing a guard with a homemade weapon at a TDCJ unit in Amarillo, Texas. Tracy was sentenced to 10 years in 2009 for attacking a guard at a TDCJ unit in Abilene, Texas. Assistant District Attorney Kelley Crisp has filed notice of her intent to call a long list of witnesses who are expected to provide first-hand accounts of Tracy's violent past. The last time a death sentence was sought in Bowie County was in 2004, when Stephon Lavelle Walter was tried for the 2003 Labor Day weekend murders of 3 employees of Outback Steakhouse in Texarkana, 1 of whom was in her 3rd trimester of pregnancy. A Collin County jury declined to sentence Walter to death, opting for a sentence of life instead, after a change of venue was granted in the case. At that time, Texas law did not include life without parole as a possible sentence for capital murder, as it does today. Walter, 25 at the time of the murders and now 38, will be eligible for parole Sept. 4, 2043, according to the Texas Department of Criminal Justice. The last time a death sentence was pronounced in Bowie County was in March 2001. James Scott Porter was already serving time for murder when he killed a fellow inmate at the Telford Unit with a shank and a rock in May 2000. He was executed Jan. 4, 2005. The month before Porter was sentenced to die, a Bowie County jury sentenced Deon James Tumblin to death for the June 2000 murder of a 75-year-old woman. Tumblin hanged himself in his cell on death row in 2004. Lee Andrew Taylor was sentenced to death by a Bowie County jury in 2000 for the 1999 murder of a fellow inmate at the Telford Unit where he was serving time for aggravated robbery. He was executed June 16, 2011. Tracy is represented by Mount Pleasant lawyer Mac Cobb and Texarkana lawyer Jeff Harrelson. Assistant District Attorney Lauren Richards is assisting Crisp with the state's prosecution. (source: Texarkana Gazette) PENNSYLVANIA: Pennsylvania prosecutors see positive in death penalty study The association of Pennsylvania prosecutors said Monday it sees some positives in a new report that found death sentences are more common when the victim is white and less common when the victim is black. The Pennsylvania District Attorneys Association released a statement noting researchers found the death penalty is not disproportionately targeted against black or Hispanic defendants, a conclusion prosecutors described as a vindication of their evenhandedness in applying it. "For so long, those who have sought to abolish the death penalty have argued that the race of the
[Deathpenalty] death penalty news----TEXAS, PENN., S.DAK., USA
Oct. 23 TEXAS: Texas Journey of Hope Arrives in SA The Texas Journey of Hope 2017 tour is in San Antonio this week spreading the message of forgiveness and healing to discuss alternatives to the death penalty. "My wife was murdered and then I was falsely accused, wrongly convicted and ultimately exonerated so I can also present the perspective of an exoneree," Journey of Hope co-founder George White said. He is o1 of 12 people speaking at churches, high schools and colleges. Participants are nearly halfway through their 21-day tour. It has already gone through Houston and Dallas. Austin is next on the list. The remaining public events in San Antonio are: Monday, Oct. 23; noon - Texas A University San Antonio - Vista Room, 4th Floor of CAB Wednesday, Oct. 25; 6-7:30 p.m. - St. John's Lutheran Church - Chapel Wednesday, Oct. 25; 6:30-8 p.m. - Turkish Raindrop House Thursday, Oct. 26; 4-6 p.m. - St. Mary's University, Law Library, Law Alumni Room (source: KTSA news) PENNSYLLVANIA: Study Finds Victim Race Factor in Imposing Death SentencesA new study of capital punishment in Pennsylvania says death sentences are more common when the victim is white, and less frequent when the victim is black. A new study of capital punishment in Pennsylvania found that death sentences are more common when the victim is white and less frequent when the victim is black. The report, which drew from court and prosecution records over an 11-year period, concluded that a white victim increases the odds of a death sentence by 8 %. When the victim is black, the chances are 6 % lower. "The race of a victim and the type of representation afforded to a defendant play more important roles in shaping death penalty outcomes in Pennsylvania than do the race or ethnicity of the defendant," according to the 197-page report obtained by The Associated Press. Penn State researchers produced the $250,000 study for the Interbranch Commission for Gender, Racial and Ethnic Fairness, and its findings are expected to be incorporated into a separate, ongoing review of the state's death penalty that Democratic Gov. Tom Wolf has said could affect the death penalty moratorium he imposed shortly after taking office in 2015. The report also found the prosecution of death penalty cases varies widely among counties, calling that variation the most prominent differences researchers identified. "A given defendant's chance of having the death penalty sought, retracted or imposed depends a great deal on where that defendant is prosecuted and tried," they concluded. "In many counties of Pennsylvania, the death penalty is simply not utilized at all. In others, it is sought frequently." Lisette McCormick, the commission's executive director, said the variations suggest an arbitrary element at play in the justice system. "A system in which a death sentence can be imposed must be uniform across the state," McCormick said. "The chances of having the death penalty imposed should not vary depending on where you live in the state." Pennsylvania has a death penalty on the books, but its death row has shrunk to 157 men and only 3 people have been executed since capital punishment was reinstated in the 1970s. All 3 had voluntarily relinquished their appeals. The study noted that blacks make up about 12 percent of the Pennsylvania population, yet they make up more than half of those sentenced to death. Wolf has said he was concerned about what he called a "flawed system that has been proven to be an endless cycle of court proceedings as well as ineffective, unjust, and expensive." Researchers with Penn State's Justice Center for Research said there was no "overall pattern of disparity" by prosecutors in seeking the death penalty against black or Hispanic defendants, but did detect a "Hispanic victim effect" in which prosecutors were 21 % more likely to seek death when the victim was Hispanic. Black and Hispanic defendants who killed white victims were not more likely than a typical defendant to get a death sentence. In nearly a quarter of all cases, defense lawyers did not present a single "mitigating factor" to push back against the aggravating factors that must be proven in order to justify a death sentence. "There are plenty of public defenders that don't have the time or the resources to be able to conduct a proper investigation of the strength of the evidence," McCormick said. With the exception of Philadelphia, which has a unique system for providing lawyers to those who can't afford them, defendants represented by public defenders were more likely to get a death sentence than those with privately retained lawyers. Unlike studies in some other states, the researchers said there was "no clear indication" that defendants with private attorneys - as opposed to court-appointed counsel - were more likely to get a plea deal with prosecutors that avoided a
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., FLA., MO., OKLA.
August 23 TEXAS: Reginald Kimbro, Man Accused in Two North Texas Assaults, Murders, Faces 2nd Capital Murder ChargeOfficials have not said when trials in Dallas, Tarrant counties will begin Reginald Gerard Kimbro, the man accused of sexually assaulting and murdering 2 North Texas women and raping a 3rd, has been indicted on a 2nd capital murder charge. Kimbro, 24, is accused of killing both 36-year-old Megan Getrum, of Plano, and 22-year-old Molly Matheson, a former college girlfriend who lived in Fort Worth, within days of each other. Matheson's body was found in her Fort Worth garage apartment by her mother on April 10. Detectives learned Matheson and Kimbro previously dated in 2014 while both were students at the University of Arkansas. In an interview with detectives 4 days after Matheson's death, Kimbro told police he and Molly were no longer dating but had kept in touch. He admitted to being at her apartment the night she died but said he left after a few hours and had nothing to do with her death. That same day, April 14, was the last time anyone saw Getrum alive. She is believed to have disappeared from the Arbor Hills Nature Preserve in Plano, not far from where she lived. Getrum's body was found in Lake Ray Hubbard April 15, but not identified until days later after her family reported her missing. Authorities said an autopsy report revealed Getrum's death was the result of a "blunt injury" to the back of her neck. She had also been strangled and sexually assaulted. An arrest warrant indicated that detectives found Kimbro's DNA on Getrum's body during an autopsy. Authorities said they matched it with his DNA found earlier on the body of Matheson, who had also been sexually assaulted. Given that the 2 deaths occurred in 2 different counties, they are being prosecuted separately by 2 different district attorneys. Tarrant County District Attorney Sharen Wilson announced Aug. 10 she was seeking the death penalty in the Matheson capital murder case while Dallas County District Attorney Faith Johnson is seeking either the death penalty or a life sentence in the the Getrum case, whose body was found in Dallas County. "We continue to pray for Megan Getrum's family. We also continue to pray for the family of Molly Matheson of Fort Worth, as Reginald Kimbro is also being charged with Capital Murder in connection to her death. We believe that justice will be served in both of these cases," Johnson said Tuesday. With a charge of capital murder, a guilty verdict automatically carries a death sentence or mandatory life in prison without parole. Kimbro was twice before accused of sexual assault, though no charges were filed in either case. The f1st assault allegedly took place in September 2012 where a woman reported Kimbro sexually assaulted her in Plano. Kimbro was never arrested in this case and the arrest warrant affidavit does not say why prosecutors declined to pursue the case. The 2nd assault allegedly took place in March 2014 at a resort on South Padre Island. In that incident, Kimbro claimed the sex was consensual and the charges were dismissed. However, in June 2017, the Cameron County District Attorney indicted Kimbro on an aggravated sexual assault charge from the 2014 incident. Officials did not say why, now, they were pursuing the case. In both cases, police said Kimbro knew the women and strangled them during the assault. While Kimbro's connection to Matheson is clear, investigators have not said if Kimbro knew Getrum. Kimbro is currently being held at the Tarrant County Lon Evans Correction Center on a $2.1 million bond. Officials have not said when they expect the trials to begin. Online jail records do not indicate an attorney for him. (source: nbcdfw.com) PENNSYLVANIA: Pa. high court orders new death penalty hearing in '84 murder of Germantown deacon In a case that reignited scrutiny of Pennsylvania's death penalty and the workings of the state's highest court, an evenly divided Pennsylvania Supreme Court has ordered a new death penalty hearing for Terrance Williams, convicted and condemned in the 1984 slaying of Germantown church deacon Amos Norwood. Just 4 of the 7 justices participated in Tuesday's decision and, under court rules, the stalemate automatically affirmed a Philadelphia judge's 2012 ruling that Williams deserved a new jury to decide whether he should be sentenced to death or to life in prison without parole. 2 justices - Christine Donohue and David N. Wecht - favored a new sentencing hearing, and 2 - Sallie Updyke Mundy and former Philadelphia Common Pleas Court Judge Kevin M. Dougherty - supported reinstating Williams' death sentence. The 3 remaining justices - Thomas G. Saylor, Max Baer, and Debra McCloskey Todd - recused themselves because they were part of the unanimous 2014 Supreme Court decision that reinstated Williams's death sentence. That decision was
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., GA., FLA., ARK.
August 18 TEXASnew execution date Ruben Cardenas has been given an execution date for November 8; it should be considered serious ** Executions under Greg Abbott, Jan. 21, 2015-present25 Executions in Texas: Dec. 7, 1982present-543 Abbott#scheduled execution date-nameTx. # 26-Aug. 30-Steven Long544 27-Sept.7--Juan Castillo--545 28-Oct. 12-Robert Pruett--546 29-Oct. 18-Anthony Shore--547 30-Oct. 26-Clinton Young--548 31-Nov. 8--Ruben Cardenas-549 32-Nov. 16-Larry Swearingen---550 33-Jan. 30-William Rayford551 (sources: TDCJ & Rick Halperin) *** What should happen now to Paul David Storey? Nothing. "Nothing" would mean leaving Storey, a convicted capital murderer, to live out the rest of his days at his current address, which is prison. Late last week, the Texas Court of Criminal Appeals halted Storey's execution, which had been scheduled to take place Wednesday. The court was motivated - indirectly, at least - by the pleas of the victim's parents, who do not want their son's killer put to death. As I said last week in writing about this case, we cannot allow victims or their survivors to assess punishment for the criminals who have wronged them. That would be too arbitrary, too inconsistent, too emotional. But there was wisdom in considering the statements made by Glenn and Judith Cherry of Fort Worth. Their adult son, Jonas, was killed during a 2006 holdup at the Tarrant County business he managed. Storey and an accomplice eventually confessed to the murder. The accomplice accepted a plea deal and was sentenced to life in prison. Storey went to trial and was sentenced to death. "As a result of Jonas' death, we do not want to see another family having to suffer through losing a child and family member," said the statement the couple recently forwarded to state criminal justice authorities. The appellate court wants the trial court to determine whether jurors in Storey's 2008 trial, and subsequent appeals lawyers assigned to his case, were aware of the Cherrys' opposition to Storey's execution. Appeals lawyers for Storey claim Tarrant County prosecutors told jurors that it "went without saying" that the victim's family considered a death sentence appropriate. The case is further complicated by a juror, who now says he would not have sided with his fellow jury members in voting for death in the case had he known their sentiments. These are all challenging issues, complicated by emotion as much as by legal procedure and the passage of time. But the very central role that emotion plays in every death penalty case makes a dispassionate argument against executing capital offenders. I have no love for Paul Storey, no sentimental indulgence for his grandiose jailhouse dreams of becoming a poet or novelist, no sympathetic ear for besotted activists who try to recast stone killers as tragic victims of a cruel system. Justice, by definition, needs to be guided by fact and by law, not by emotion. But when we move into the painfully conflicted territory of capital punishment, emotion is all we have - on all sides. And as fervently as death penalty supporters deride its opponents as "bleeding hearts," they're operating on an emotional basis themselves. It's understandable that many of us might want to assess the most severe punishment imaginable on those who commit the most heinous and unforgivable crimes. But from a pure policy standpoint, the death penalty is expensive - unavoidably so, given the constitutional guarantees to which inmates are entitled. It's also irreversible, unevenly assessed and arbitrarily applied. Admitting as much does not make us suckers and rubes. It highlights the practical reality that society is as just as well protected by sentencing our worst criminals to life without the possibility of parole as it is by killing them. Should appeals lawyers succeed on Storey's behalf, he could be entitled to a new trial on punishment only. His guilt would remain unchanged. Prosecutors might conceivably save everyone a great deal of time, expense and painful emotion by choosing not to retry this and leave Storey where he is, where he belongs, where the grief this case has already caused can be contained: permanent incarceration. The death penalty still enjoys considerable public popularity, which I understand. Nothing will cure a bleeding heart like sitting through a few murder trials. The cruelty inflicted and the grief victims endure can harden even the most sympathetic onlookers. But capital punishment is too fraught with problems, too controversial, and in the
[Deathpenalty] death penalty news----TEXAS, PENN., VA., N.C., GA., FLA., ALA.
July 22 TEXASimpending execution Texas Prepares for Execution of Taichin Preyor on July 27, 2017 Taichin "Box" Preyor's execution is scheduled to occur at 6 pm CDT, on Thursday, July 27, 2017, at the Walls Unit of the Huntsville State Penitentiary in Huntsville, Texas. Taichin was scheduled to be executed on Wednesday, July 20, 2016, however, that date was later removed from Texas' online execution calendar, without comment. 46-year-old Taichin is convicted of the murder of 24-year-old Jami Tackett on February 26, 2004, in Bexar County, Texas. Taichin has spent the last 12 years of his life on Texas' death row. Prior to his arrest, Taichin worked as a truck driver and a laborer. He did not graduate high school, dropping out after the 10th grade. In 1999, Taichin was arrested and served time for a drug offense in Syracuse, New York. After being released from prison, Taichin moved to San Antonio, Texas, where he was later joined by his wife and children. Police had previously been called to the residence for a "family violence call." Taichin's brother was one of the police officers who responded to the call. During the early morning hours of February 26, 2004, at approximately 4 am, Taichin Preyor broke into the apartment of his ex-girlfriend, Jami Tackett, by breaking down the door. Preyor went to Jami's bedroom, where he jumped on the bed and began attacking her with a knife. He also stabbed Jami's new boyfriend, Jason Garza, who fled the apartment, going to a neighbor and asking them to call the police. During the fight, Preyor lost his car keys, leaving him unable to flea the scene. Preyor searched the apartment while Jami lay on the floor, struggling to breathe. As he attempted to leave the building for a 2nd time, Preyor encountered the police. The police were forced to use pepper spray to subdue Preyor, who refused to comply with their demands. Preyor was covered in blood when he was arrested. Jami died from her injuries before paramedics arrived on the scene. Jason survived his injury. During his trial, Preyor attempted to argue that his actions that morning was self defense. Prosecutors argued that the door being broken down indicates that Preyor was the aggressor. Please pray for peace and healing for the family of Jami Tackett and for Jason Garza. Please pray for strength for the family of Taichin Preyor. Please pray that if Taichin is innocent, lacks the competency to be executed, or should not be executed for any other reason, that evidence will be presented prior to his execution. Please pray that Taichin may come to find peace through a personal relationship with Jesus Christ, if he has not already. (source: theforgivenessfoundation.org) Waco: Judge denies habeas corpus relief to convicted killer A Waco district judge refused to grant habeas corpus relief to a man convicted in the same courtroom 2 years ago of capital murder but did allow appeals lawyers to submit briefs on 2 topics. Judge Ralph Strother, in 19th District Court, said granting relief on the habeas corpus issue would "be like trying this case all over again," as US Carnell Petetan, dressed in jail clothing, sat silent and motionless at the defense table. Petetan was convicted in the same courtroom in 2014 and Strother, after the jury's recommendation, sentenced him to death. Bailiffs cleared the courtroom of visitors and attorneys while Petetan, shackled at the wrists and ankles, was led in. After he was seated the judge allowed everyone back in the courtroom. Lawyers with the state Office of Capital and Forensic Writs, in Austin, presented Strother with an 8-page application that listed 8 major issues at trial and expanded on each one. Strother, as presiding judge, was directed to determine if there were any unresolved issues stemming from the trial, if so, identify them and finally determine what action needed to be taken, Jeremy Schepers, 1 of the appellate lawyers, said. Schepers argued that Petetan was convicted by the jury who didn\'t have knowledge of his behavioral deficiency and that deficiency, under state law, means Petetan is ineligible for the death penalty. But Assistant District Attorney Sterling Harmon reminded Strother that Petetan, himself, testified at his own trial and the jury was able to see and hear him for themselves. As well, Schepers said, Petetan's lawyers at trial were ineffective and did not properly represent him. At the end of the 40-minute hearing Strother denied habeas corpus relief but did direct appellate lawyers to prepare briefs on 2 issues: the 1st Petetan's developmental disability and 2nd his claim of ineffective assistance of counsel. Waco attorney Russ Hunt, Sr., represented Petetan at trial and Strother directed that Hunt be given 120 days to respond to the appeals charge. The briefs are due back to Strother and he will review them to decide if
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., GA., FLA., MISS., OHIO, KY.
July 18 TEXASimpending execution Court papers: 'Utterly unqualified' attorney used Wikipedia to defend death penalty inmateLawyers for death row inmate file last-minute motions days before scheduled execution With just days left till the next scheduled execution in the Lone Star state, lawyers for convicted Bexar County killer TaiChin Preyor on Friday filed a flurry of last-minute paperwork seeking to halt the condemned man's death. The pair of motions - in the Western District of Texas - claim one of Preyor's former attorneys on the case, Brandy Estelle, was "utterly unqualified" and may have even resorted to the popular crowdsourcing site Wikipedia for research in the case. Preyor, who murdered a woman who sold him drugs more than a decade ago, is scheduled to meet his fate in Huntsville on July 27. The 46-year-old was convicted in the 2004 slaying when he repeatedly stabbed Jami Tackett before cutting her throat. Neighbors found the dying woman after hearing her screams - and police caught Preyor after he came back to retrieve his car keys, the San Antonio Express-News previously reported. The San Antonio man has been on death row since 2005 fighting his case. At issue now is the allegedly subpar defense counsel who represented Preyor during parts of the federal appeals process. "It appears she relied on Wikipedia, of all things, to learn the complex ins and outs of Texas capital-punishment," Preyor's attorneys wrote of their client's former counsel, noting that Estelle's case files included a print-out of the Wikipedia page "Capital punishment in Texas" with a Post-It note labelled "Research." In addition, court papers contend Estelle was getting help on the case from an attorney disbarred for showing a "gargantuan indifference to the interests of his clients," a federal court wrote in a published decision. "No doubt fearing repercussions, Estelle never disclosed her disbarred co-counsel's lead role in the case to this Court," claims the convicted man's legal team, which includes Catherine Stetson, Preyor's pro bono attorney and a partner at Hogan Lovells. The dozens of pages of motions and exhibits filed Friday call Jefferson and Estelle's work "shocking conduct" and "exactly the kind of extraordinary circumstance that warrants this Court's intervention." The motions for stay of execution and relief from judgment ask the court to halt Preyor's death date and reopen his federal appeal, this time with "licensed and qualified counsel." Last-minute stays of execution are more the exception than the rule - but they're certainly not unheard of. In 2011, Harris County death row inmate Duane Edward Buck was granted a last-minute reprieve amid questions of racially tainted expert testimony. He's still on death row as the appeals process continues to play out. (source: Houston Chronicle) PENNSYLVANIA: Pennsylvania execution notices are 'not worth the paper they're written on'The death warrants have been around since 1995, a strain on court time and resources. The news rolled in earlier this month, for the 460th time since 1985: A Pennsylvania death row inmate had received an execution notice or warrant. This time it was for Philadelphia murderer Omar Sharif Cash, and like 457 men who've come before him he will almost certainly never be put to death. Cash could get a reprieve for several reasons, the best-known likely being Gov. Tom Wolf's death penalty moratorium. Should any death penalty case go the distance, Wolf has said he will halt the execution. But long before it comes to that, the execution notice signed for Cash will likely be stayed, amounting to what one of the country's foremost death penalty opponents considers a waste of time. And since 1995, 350-plus other notices and warrants could be classified in the same category. "They're legally premature," said Robert Dunham, executive director of the Death Penalty Information Center, "meaning they're not worth the paper they're written on." Pennsylvania elected officials created the execution warrant system still used today in 1995, during the beginning of Gov. Tom Ridge's 1st term. At the time, he and many legislators - Republican and Democrat - were pushing a tough-on-crime stance. Ridge even held a special session focused on crime-related legislation. The bill, proposed by Rep. Ron Marsico (R-105th), mandated the governor sign an execution warrant for a death row inmate by at least 90 days after the Pennsylvania Supreme Court's decision of the inmate's direct appeal. If the governor didn't sign the warrant, then the Department of Corrections would have to issue a notice of execution within 30 days of the previous deadline. "Despite the law, there was no death penalty in Pennsylvania," Ridge said in 1995. "When you kill in cold blood, you deserve to pay the highest penalty." The thought behind the bill was inmates had no motivation
[Deathpenalty] death penalty news----TEXAS, PENN., GA., ALA., CALIF., ORE.
July 16 TEXAS: Texas Cracks Down on the Market for Jailhouse Snitches Prosecutors love jailhouse informants who can provide damning testimony that a cellmate privately confessed to a crime. Jailhouse informants, in turn, love the perks they get in exchange for snitching, like shortened sentences, immunity from prosecution or a wad of cash. As you might imagine, though, in a market driven by such questionable motives, the testimony these informants provide is often unreliable. Even worse, it can be deadly. False testimony from jailhouse informants has been the single biggest reason for death-row exonerations in the modern death-penalty era, according to a 2005 survey by the Center on Wrongful Convictions. They accounted for 50 of the 111 exonerations to that point, and there have been 48 more exonerations since then. Last month, Texas, which has been a minefield of wrongful convictions - more than 300 in the last 30 years alone - passed the most comprehensive effort yet to rein in the dangers of transactional snitching. Texas has become a national leader in criminal-justice reforms, after having long accommodated some of the worst practices and abuses in the nation. The state, particularly in light of past abuses, deserves credit for seeking innovative solutions to problems that have long proved resistant to change. Every weekday, get thought-provoking commentary from Op-Ed columnists, the Times editorial board and contributing writers from around the world. The new law requires prosecutors to keep thorough records of all jailhouse informants they use - the nature of their testimony, the benefits they received and their criminal history. This information must be disclosed to defense lawyers, who may use it in court to challenge the informant's reliability or honesty, particularly if the informant has testified in other cases. The law was recommended by a state commission established in 2015 to examine exonerations and reduce the chances of wrongful convictions. The commission also persuaded lawmakers to require procedures to reduce the number of mistaken eyewitness identifications and to require that police interrogations be recorded - smart steps toward a fairer and more accurate justice system. But the new procedures on jailhouse informants shouldn't have been necessary in the 1st place. Under longstanding Supreme Court rulings, prosecutors are required to turn over any evidence that might call an informant's credibility into question - such as conflicting stories or compensation they get in exchange for their testimony. Yet far too many fail to do so. A better solution would be to bar the use of compensated informants outright, or at least in cases involving capital crimes, as one Texas bill has proposed. Studies have shown that even when a defense lawyer is able to make the case that an informant has an incentive to lie, juries are just as likely to convict. And that's assuming a defense lawyer uses such evidence - not always a safe assumption given the wide range of quality in the defense bar. Also, making evidence admissible at trial only goes so far. The vast majority of convictions are the result of guilty pleas, which means a defendant may not even find out that an informant was paid to incriminate him before having to decide whether to accept a plea offer. Some states have begun to require that judges hold hearings to test an informant's reliability, much as they would test an expert witness's knowledge - before the jury can hear from him. But the deeper fix that's needed is a cultural one. Many prosecutors are far too willing to present testimony from people they would never trust under ordinary circumstances. Until prosecutors are more concerned with doing justice than with winning convictions, even the most well-intentioned laws will fall short. (source: Editorial, New York Times) PENNSYLVANIA: Lynn Abraham vies for interim D.A. job Former District Attorney Lynne Abraham, who held the job longer than anyone else in the history of the city, heads a list of applicants to serve as the interim D.A. until a replacement for former D.A. Seth Williams is elected this November. Abraham, the city's first female district attorney, held the office from 1991 to 2010. During her term she earned nicknames such as "Deadliest D.A." and "Queen of Death" for the high rate at which her office sought the death penalty. However, none of her cases has ever resulted in an actual execution. Former D.A. Williams, an Abraham protege who eventually succeeded her, resigned from the position on June 29 after pleading guilty to 1 charge of bribery. Williams was indicted on 29 federal charges including bribery, wire fraud and extortion back in March. He will be sentenced later this year. The interim will hold the position until the fall general election when Democratic favorite Larry Krasner faces off against Republican
[Deathpenalty] death penalty news----TEXAS, PENN., VA., N.C., GA., FLA., ALA., MISS.
July 8 TEXAS: US appeals court to review case of Argentine on death row in Texas A federal court has agreed to review the appeal of an Argentine who is on death row in Texas for a 1995 killing. The Fifth US Circuit Court of Appeals said last week it will examine whether Victor Saldano, 44, was competent to stand trial and whether his lawyers were deficient for not requesting a competency hearing before he was resentenced to death years after the initial trial. Saldano, who was in the US illegally, was sentenced to death for the killing of 46-year-old Paul King, who was abducted from a Plano supermarket, robbed and shot. His case has drawn the attention of Pope Francis, who has met at least twice with the inmate's mother. The Catholic Church opposes capital punishment. Saldano was convicted of capital murder and sentenced to die in 1996, but a judge later threw out the original sentence because a psychologist improperly testified that Saldano's "Hispanic background" made him likely to be a future danger, which Texas juries factor into death penalty decisions. The trial's punishment phase was repeated in 2004 and Saldano was again sentenced to die. In its decision to consider the case, the appeals court wrote that "ample evidence supports an inference of incompetency" and pointed to "numerous instances" of Saldano's incoherent and strange behaviour around the time the punishment phase was repeated. Physicians offered various explanations for Saldana's behaviour, including his isolation on death row and that he was faking his condition to get drugs. Lower courts have ruled that the trial court had no obligation to hold a competency hearing. The appeals court record showed both the trial judge and Saldano's lawyers had concerns about his mental state, but the court's record includes no results of any examinations of Saldano. Defence attorneys never requested a competency hearing and the judge indicated he "had no reason to believe Saldano was legally incompetent," the Fifth Circuit wrote. Defence lawyers, meanwhile, made a strategic decision at the resentencing phase to not introduce evidence of Saldano's mental condition. Instead, they stressed that Saldana didn't have a prior criminal record, that he was under the influence of drugs and alcohol, and that it was a companion, Jorge Chavez, who came up with the idea to commit the crime. Chavez is serving a life prison term. The appeals court has given Saldano's attorneys 30 days to present written arguments. State attorneys then will have 15 days to respond. (source: Buenos Aires Herald) PENNSYLVANIA: Death penalty sought in Mount Wolf woman's homicide An 18-year old Bronx man who attended Northeastern High School is facing the death penalty for allegedly murdering Ahshantianna Johnson outside her Mount Wolf home. Edia Antonio Lawrence, who goes by "Richie," was in York County Court Friday morning for his formal court arraignment on charges of 1st-degree murder, conspiracy to commit that offense, 2nd-degree murder, robbery, burglary, theft, simple assault and receiving stolen property. Chief deputy prosecutor David Maisch said the York County District Attorney's Office is citing 2 aggravating factors to argue for the death penalty. First, he said, Johnson was killed during the course of another felony - specifically, robbery. The 2nd is that the slaying occurred as part of a drug-delivery operation, Maisch said. Lawrence's alleged accomplices in the homicide remain at large, the prosecutor confirmed. 'A little surprised': Philadelphia-based defense attorney Jack McMahon said he intends to defend the case vigorously. "We were a little surprised they're seeking the death penalty. He's only an 18-year-old young man," he said. McMahon noted that the only identification of Lawrence being involved is a voice identification. "I think that's a bit suspect," he said. "We think the defendant did not do this." McMahon said it's a sad case. "But just because it's sad doesn't mean he's guilty," the attorney said. Prosecutors consulted with Johnson's family and Northeastern Regional Police before deciding to seek the death penalty, according to Maisch, who said Johnson's family supports the decision. Lawrence's 1st pretrial conference is scheduled for Oct. 16. The background: 3 armed, masked men, allegedly including Lawrence, fatally beat the 19-year-old Johnson at her Second Street home because Lawrence believed she'd stolen his drug money and vowed to "take care of it," according to charging documents. About 2:15 a.m. March 25, the trio barged into the home Johnson shared with her mother, Noemi Capo, and started stealing property, documents state. One of the men threatened Capo with a metal baseball bat and a knife, demanding she call her daughter and have her come home, police said. E Capo eventually reached Johnson by phone and told her she needed to come
[Deathpenalty] death penalty news----TEXAS, PENN., S.C., FLA., USA
July 5 TEXAS: My grandfather was a death row doctor. He tested psychedelic drugs on Texas inmatesAn Austin-based writer's quest to learn his grandfather's story leads to death row - and a little-known series of experiments that involved giving hallucinogens to inmates in the early 1960s. [In this special contribution to The Texas Tribune, Austin writer Ben Hartman tells the story of his search for the truth about his late grandfather, a prison psychiatrist on Texas' death row who performed little-known medical experiments on inmates in the 1960s.] Eusebio Martinez was polite - even happy - as he entered the death chamber that August night in Huntsville in 1960. He may not have understood his time was up. A few years earlier, Martinez had been convicted of murdering an infant girl whose parents had left her sleeping in their car while they visited a Midland nightclub. He???d been ruled "feeble-minded" by multiple psychiatrists and had to be shown how to get into the electric chair. As he was strapped in, a priest leaned in and coached him to say "gracias" and a simple prayer. Just before the first bolt knifed through his brain, Martinez grinned and waved at the young Houston doctor who would declare him dead a few minutes later. That doctor was my grandfather. For 3 years at the end of his life, Dr. Lee Hartman worked as a resident physician and psychiatrist at Huntsville's Wynne Unit. From 1960 to 1963, he witnessed at least 14 executions as presiding physician, his signature scrawled on the death certificates of the condemned men. All of them died in the electric chair - "Ol' Sparky" - a grisly method that left flesh burned and bodies smoking in the death chamber as my grandfather read their vital signs. I had always known from my father that his dad, who died before I was born, worked for the prison system as a psychiatrist. But I had no idea that he'd worked in the death chamber, witnessing executions. Or that he'd been involved in testing psychedelics on prisoners to see if drugs like LSD, mescaline and psilocybin could treat schizophrenia. Or that he'd been hospitalized repeatedly during his lifelong struggle with depression. And I didn't know the truth about his death at age 48, when he was found on the staircase of his house in Houston's exclusive River Oaks neighborhood. My obsession with my grandfather's life grew from my father's sudden death from a stroke at his Austin home in 2014. Last summer, I came back to Austin after 14 years overseas and began searching for clues about my grandfather - in the state archives, in Huntsville and in boxes of old family keepsakes kept by my aunts. I reported on crime and police and prisons for several years as a journalist in Israel, and now I wanted to investigate a mystery in my own family tree. I wanted to learn about the man whose story had always seemed more literary than real - a Jewish orphan from the Deep South who fought in World War II, sang in operas and became a successful doctor before tragedy cut the story short. I wanted to know the man my father was named for, and to use the search as a way to beat a path through my grief over my own father's death. Through my grandfather's personal papers, newspaper clippings and long-buried state records, I found a man - brilliant, thoughtful and sensitive - who witnessed great human drama and suffering in the Death House, and in the process became a determined opponent of capital punishment. He outlined his thoughts in a collection of diary entries and a 19-page handwritten treatise I found in my grandmother's old keepsakes. "The death penalty," he wrote in 1962, "is irreparable." My grandfather was born in Greenville, Miss., in 1916, 1 of 2 twin boys placed in foster care after their father died of yellow fever and their mother moved away. The boys ended up at the New Orleans Jewish Children's Home and attended the elite Newman School down the street, just like hundreds of other Jewish orphans of their day. My grandfather and his brother went on to graduate from Louisiana State University's medical school. Along the way, my grandfather trained as an opera singer, met my grandmother, started a family, served in the Army Air Corps as a flight surgeon during World War II, then returned home to his family and started his medical career. For a decade he worked as a small-town general practitioner in Louisiana and East Texas. In 1957, he moved to Houston and enrolled in the Baylor College of Medicine to study psychiatry, a major mid-life career move that, according to my father, was partly motivated by my grandfather's desire to understand his own battles with depression. Within a few years, he had gone to work in Huntsville as part of a contingent of Baylor College of Medicine psychiatrists sent to the Wynne Treatment Center, a diagnostic unit for mentally ill inmates that had opened the previous year. It was
[Deathpenalty] death penalty news----TEXAS, PENN., VA., N.C., FLA.
June 28 TEXAS: Former death row inmate now eligible for parole, victim's family strikes back Noe Santana, whose 20-year-old cousin was kidnapped, raped and murdered in 1991, did not mince words when he had the chance Tuesday to talk to the killer. "When you're looking at yourself in the mirror, I hope you take that razor you shave your face with, shave your head with, and cut across your throat," Santana shouted at him in the courtroom. "There's nothing left for you in this life." Santana was in court to see 44-year-old Robert James Campbell's death sentence reduced to life in prison after he was declared intellectually disabled. Before he was sentenced, Campbell apologized to the family and wished them peace. "I would just like to offer my deepest and sincerest apologies for all I've hurt," he said softly. Campbell was convicted in 1992 of capital murder in the death of Alejandra Rendon, a bank teller he abducted while she was pumping gas. He spent 25 years on death row, survived an execution day, and is now eligible for parole after mental health professionals determined he is too disabled to be executed, prosecutors said Tuesday. The U.S. Supreme Court recently outlawed the execution of mentally disabled people, sending Campbell's case back to Harris County for evaluation. A prosecution expert declared him mentally disabled. Wearing the yellow jail uniform typically reserved for high-profile inmates, he appeared before Visiting Judge Michael Wilkerson, who sentenced him to life in prison. Harris County District Attorney Kim Ogg said the law in 1991 did not allow for the option of life without parole, so he will be eligible for parole. "Times have changed when it comes to people with mental disabilities," Ogg said. "It was with a heavy heart that our expert came back and agreed with the defense that Campbell is intellectually disabled so we were forced to withdraw our plan to seek the death penalty." Defense attorney Rob Owen, of Northwestern University School of Law, has in the past extended his condolences to the victim's family on behalf of the defense team, which included Burke Butler and Callie Heller of the Powell Project and Raoul Schonemann of the Capital Punishment Clinic at the University of Texas School of Law. "Robert expressed his remorse for his actions, apologized to everyone he had hurt, and said he would continue to pray that his victims find peace," Owen said Tuesday in an emailed statement. "We likewise extend our sympathy to the victims for the terrible loss they have suffered, and our appreciation to the District Attorney's office for their decision to forego further efforts to seek Robert's execution." Ogg said her office will protest all of Campbell's future parole hearings to remind officials of the brutality of his crime. "We can successfully fight his parole and keep Mr. Campbell behind bars," she said. "He was a person who was a predator in our society." Victim's advocate Andy Kahan said Campbell will likely go before the parole board within 6 months. He said Rendon's family will ask the board to deny parole and put Campbell on a special list in which he will not go before the board again for at least 10 years. If he is classified that way, he would only get parole hearings every decade, a comforting thought for Rendon's family. "Your last meal should be behind bars," Santana told the killer. (source: Houston Chronicle) PENNSYLVANIA: What it's like to spend 22 years on death row for a crime you didn't commit Nick Yarris served 22 years in solitary confinement on death row for a crime he didn't commit. He was stabbed, strangled, savagely beaten and came face-to-face with some of the most notorious serial killers America has ever produced, all the while knowing he was innocent. But, despite all this, despite being dismissed as a rapist and murderer, and feeling so low he asked a judge if he could be put to death, he considers himself 'extremely lucky'. 'Look at the physical features,' he told metro.co.uk from his home near Yeovil in Somerset, as he prepared to travel to Los Angeles to work on a biopic of his life. '[I] faced the death penalty but got out, acclimatised to society, overcame Hepatitis C, and went on to stand next to some of the most brilliant actors in the world performing in the Colosseum in Rome.' 'Guess what? There are 160 other men who have been proven innocent off death row. Not all of them are getting the same play. 'A lot of them go and die in abstract, terrible ways and they don't get anything.' It's true that the 56-year-old's case has been the subject of widespread coverage since his release from prison in Pennsylvania in 2004 after DNA proved his innocence. But anyone who has watched Netflix documentary The Fear of 13 or read Yarris' book by the same title will be able to testify that there is something particularly compelling about his
[Deathpenalty] death penalty news----TEXAS, PENN., GA., FLA., ALA., OHIO
June 17 TEXAS: Larry Fitzgerald, face for Texas death row, dies at 79 Larry Fitzgerald, former Texas Department of Criminal Justice spokesman, sits on the sofa in his living room in what had been his quarters in Huntsville. He witnessed more than 200 executions during his 8 years as the face of the nation's busiest death chamber. He died June 12. As prison system spokesman, Fitzgerald was the face of the nation's busiest death chamber for 8 years. Friends and relatives remember his wit, empathy with death-row inmates and his notorious gallows humor. Larry Fitzgerald, who for years was the Texas prison system's spokesman, working as the public face of the busiest death chamber in the nation, died June 12 at his Austin home, according to his family. Fitzgerald was the Texas Department of Criminal Justice spokesman for 8 years during which Texas was building new prisons and dealing with the attention drawn by then Gov. George W. Bush's run for the presidency. He was inevitably drawn into stories about the death penalty and Texas' approach to it, fielding inquiries from American media he said were generally cordial and foreign outlets that he said treated him as if he personally sharpened the executioner's axe. A hard-drinking, chain-smoking archetype of a public relations era now past, Fitzgerald, according to a 2014 Texas Monthly article, once showed his mischievous streak by taking a newly hired spokeswoman to a prison on the pretense of educating her about the business - only to lead her "past dozens of newly shorn arrivals who had been divested of not just their hair but all their clothes." Fitzgerald's obituary - most of which he wrote himself - notes that as a prison system spokesman he "witnessed 219 executions, allowing him to meet many state, national and international media types. Big whoop." But as the public face of a notorious prison system, "If Larry said it, you could take it to the bank," said Michelle Lyons, the co-worker Fitzgerald had led past the cluster of nude inmates. "He was, quite simply, the face of TDCJ and he always will be." Fitzgerald is survived by his wife, Marianne Cook Fitzgerald; daughter, Kelly Anne Fitzgerald; and son, Kevin Lane Fitzgerald. He died from what his wife said was a serious internal disease, for which he had been in hospice care. The family is planning a public memorial, though they are still working out the details, Marianne Fitzgerald said. Clyde Larry Fitzgerald was born Oct. 12, 1937, in Austin, according to his obituary. He was the son of a government land man and a schoolteacher, according to an article by Houston Chronicle reporter Mike Ward, one of the many Texas journalists Fitzgerald grew to know over the years. Fitzgerald graduated from McCallum High School and attended the University of Texas. He worked for years at radio stations around Texas as a disc jockey, reporter and news director, developing the authoritative voice he would employ before the cameras. He worked in political campaigns for Bill Hobby, who was then the lieutenant governor, and Ann Richards during her run for governor. His obituary notes that he "was proud that he kept one particular promise he had made to himself: never vote Republican." (source: Austin American-Statesman) PENNSYLVANIA: Convicted killer 'should go to the very top' of execution list, judge says A Lancaster County man has been formally sentenced to death for fatally stabbing a woman and her 16-year-old daughter because they were going to testify against him in a child sexual assault trial. Lancaster County President Judge Dennis Reinaker ordered the sentence Friday for 40-year-old Leeton Thomas and said if Pennsylvania lifts a moratorium on the death penalty, Thomas "should go to the very top of the list." Thomas, 40, was found guilty by a jury Tuesday of 2 counts of 1st-degree murder in the June 2015 killings of 44-year-old Lisa Scheetz and her daughter. The Quarryville man was also convicted of attempted homicide for severely wounding Scheetz's then-15-year-old daughter after breaking into the family's East Drumore Township home. She testified at trial and identified Thomas as the killer. The jury decided on the death sentence Wednesday night. (source: WHTM news) GEORGIA: Prison bus was 'tank of piranhas' as guards slain; death penalty sought for escapees Convicts on a Georgia prison bus appeared to laugh and jump around as 2 corrections officers were shot to death earlier this week in an escape that prompted a nationwide manhunt. The callousness of the crime has authorities preparing to seek the death penalty for accused killers Ricky Dubose and Donnie Russell "Whiskey" Rowe. "We've got too many of these savages out here. We need to keep them caged up and send those to hell that we can," Putnam County Sheriff Howard Sills said Friday, a day after Rowe and Dubose were caught south of Nashville,
[Deathpenalty] death penalty news----TEXAS, PENN., FLA.
June 15 TEXAS: Execution halted for man who murders lady realtor in model home A Texas man facing the death penalty for the stabbing murder of a real estate agent saw his own life spared, at least temporarily. Kosul Chanthakoummane, who was scheduled to die by lethal injection on July 19 after 9 years on death row, was granted a stay of execution last week. The Texas Court of Criminal Appeals issued the order and sent the man's case back to the Collin County trial court to review discredited forensic science claims, reported the Texas Tribune. Chanthakoummane, 36, was convicted in 2007 in the stabbing death of Dallas-area real estate agent Sarah Walker. Walker's body was discovered in a model home by a couple coming to view the property on July 8, 2006. Walker had been stabbed 33 times and had a bite mark on her neck. Bloody fingerprints found at the scene and DNA under Walker's fingernails linked Chanthakoummane to the scene of the crime and he was arrested nearly 2 months later. Chanthakoummane reportedly claimed his car had broken down nearby and cuts on his hand had bled, explaining his blood at the murder scene. A jury convicted him of murder after 30 minutes of deliberation, based largely on the DNA evidence, according to the Dallas News. During the trial, state prosecutors presented forensic experts who claimed the bite mark on Walker's neck and DNA at the scene pointed to Chanthakoummane. However, in 2016, a White House report concluded that forensic bite-mark evidence was not scientifically valid, reports the Texas Tribune. An extremely successful real estate agent and mother of 2, the 40-year-old Walker was showing the high-end model home alone when she was attacked. Chanthakoummane was living with relatives in Dallas after being released on parole in North Carolina. He had been convicted of aggravated robbery and kidnapping after he and a friend held 2 women at gunpoint before stealing a car and leading police on a chase when he was 16, reported the Dallas News. The Rolex watch Walker had purchased the night before and a ring she was wearing had been stolen. The Dallas News reported that, at his murder trial, Chanthakoummane's attorneys admitted he stabbed Walker but that he didn't deserve the death penalty because it was a robbery that "didn't go the right way." (source: crimeonline.com) PENNSYLVANIAnew death sentence Jury sentences Leeton Thomas to death for stabbing deaths of a mother and her teen daughter Leeton Thomas, 40, should pay with his life for the vicious murders of a mother and her teen daughter who accused him of sexual molestation, a jury ruled Wednesday night. At the verdict, Thomas nodded slightly but looked straight ahead. Lisa Scheetz, 44, and her daughter, Hailey, 16, died of severe stab wounds in the early hours of June 11, 2015 as they were watching a Netflix movie in their basement apartment in East Drumore Township. The death sentence came a day after the jury of 6 men and 6 women convicted Thomas of 2 counts of 1st-degree murder and a count of attempted homicide for severely stabbing a younger daughter who survived the attack. The girl, now 17, testified at the trial that Thomas, who was a neighbor and a former family friend, was the attacker. The prosecution alleged that Thomas entered through a window and sprang upon the unsuspecting family, stabbing forcefully. The defense contended he was at home in bed at the time of the attack. After the jury announced the verdict, Kim Scheetz, who lost his daughter and former wife, said, "I'm totally happy." "It's what I wanted," he added. "It's not going to bring my family back, but he got what he deserved." The verdict came after a day of testimony by family members and friends seeking to spare Thomas' life. "I gave him life," said Thomas' mother, Sharon Frances Campbell, 58, her voice quavering on the witness stand earlier Wednesday. "I'm begging you, please save him. Please." The jury also heard from other family members, friends and neighbors who described Thomas, a father of 4, as a helpful, hard-working, self-sacrificing and church-going family man. The jury returned with the death sentence at 7:50 p.m. after deliberating for about 3 3/4 hours. Family members of the victim and defendant filled the gallery, but they abided by President Judge Dennis Reinaker's warning not to react. 9 deputy sheriffs stood at various spots around Courtroom 8 where the 6-day trial took place. Jury polled Defense counsel asked that the jury members be polled. The judge had each of the 12 jurors to stand individually and say whether they agreed with the verdict. Each rose and answered, "Yes, I do." After being handcuffed, Thomas looked back at his family and, smiling, said, "See you guys. It's not over." Thomas becomes the 8th Lancaster County resident on death row and the 1st since Jakeem Towles was sentenced to death in
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., OHIO, ARIZ., CALIF., USA
June 13 TEXAS:new execution date William Rayford has received an execution date for January 30, 2018; it should be considered serious. Executions under Greg Abbott, Jan. 21, 2015-present24 Executions in Texas: Dec. 7, 1982present-543 Abbott#scheduled execution date-nameTx. # 25-July 27-Taichin Preyor-544 26-Aug. 30-Steven Long545 27-Sept.7--Juan Castillo--546 28-Oct. 26-Clinton Young--547 29-Jan. 30-William Rayford548 (sources: TDCJ & Rick Halperin) ** Forced to Endure Extreme Heat, Prisoners Are Casualties of Texas' Climate Denial, Documents Show On a spring day in May, temperatures in Dallas, Texas, were already in the 90s. Sunlight glinted off the barbed wire perimeter outside the Hutchins State Jail, located just a mile down down the road from Hutchins High School. The 1st blooms of Castilleja, colloquially known here as "prairie fire," seemed to set a field across from the prison ablaze. It was hot outside, but it's nothing compared to the temperatures inside the Hutchins Unit, one of 79 state-run prison units still lacking air-conditioning in its cellblocks in 2017. Even those temperatures, though, still pale further in comparison with the extreme summer heat wave that broiled the jail on July 28, 2011, pushing the heat index up to about 150 degrees in the cellblocks, according to the state's own records, and transforming the jail into an oven that slowly baked Hutchins prisoner Larry McCollum alive. Truthout and Earth Island Journal Investigate America's Toxic PrisonsMcCollum, a 58-year-old cab driver from the Waco area, was found having convulsions in his top bunk. He was taken to Dallas' Parkland Hospital, where his body temperature was measured at 109.4 degrees. McCollum, who was incarcerated for writing a bad check, had recently begun serving his 11-month sentence, and was eager to get through his time and reunite with his wife and 2 children. "He was taken from us. He was supposed to go in for 11 months, and he wound up with a death sentence," McCollum's daughter, Stephanie Kingrey, said. "It was very heartbreaking that he had to sit there and suffer as long as he did before they got any help for him or got him to emergency room." Kingrey said that officials with the Texas Department of Criminal Justice (TDCJ) even tried to deny her access to her father during the 7 days he spent on life support at Parkland Hospital, eventually relenting as Kingrey and other relatives were forced to make the devastating decision to take McCollum off of life support. "They had guards on him 24 hours, like he was just going to jump up and go somewhere, and he was handcuffed to the bed the whole time," Kingrey says. "He was literally brain dead, and there was nothing he could do. He didn't regain consciousness or anything. He wasn't there. He died back in the prison cell." McCollum is one of 22 heat-related deaths that TDCJ has been forced to acknowledge in its prison units after litigation -- 10 of those deaths occurring during that same 2011 summer heat wave. But these deaths are likely the first few indications of what may be a much larger heat problem. "[TDCJ] has acknowledged the deaths because we proved we knew about them," said Attorney Jeff Edwards, who is representing the McCollum family in an ongoing lawsuit against TDCJ, during an interview in his Austin office. "In fact, there are far more than [22] deaths because the only deaths that they count are confirmed autopsies with a diagnosis of hyperthermia. In order to get that diagnosis, you have to have a temperature north of 105 or 106 degrees. So unless you find the body and do an autopsy quickly, you're not going to have that diagnosis. [TDCJ] also doesn't count the probably 100 or more people who suffered heart attacks in the summertime where heat was a contributing factor, or people who suffered asthmatic deaths because heat contributed to that." The medical risk of heat stroke increases significantly when the temperature rises to more than 90 degrees, and can lead to other causes of death like heart attacks. This is especially true for people with medical conditions such as diabetes, high blood pressure and other cardiovascular issues, as well as asthma and chronic obstructive pulmonary disease. The risk rises further still for people on medications that inhibit their ability to shed heat or sweat, or certain psychiatric medications. There aren't yet full statistics on how many prison deaths have involved heat as a significant contributing factor, but the number is likely to be much higher than deaths directly attributable to hyperthermia. "1 death is enough to cause concern -- 2, 3, you need to be reacting immediately," Edwards says.
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., OHIO, MO., ARK., N.DAK.
June 11 TEXAS: Don't execute people with intellectual disabilities The Texas Court of Criminal Appeals has the opportunity in the case of Bobby James Moore, a death row inmate with severe intellectual disability, to bring the state's capital punishment standards in line with those established by the U.S. Supreme Court, which kicked Moore's case back to the appeals court. The Gospel compels Christians to speak for those without a voice and to advocate for society's most vulnerable members, including those with intellectual disability. For this reason, I feel compelled to speak out on behalf of Bobby James Moore, an individual with documented lifelong intellectual disability who has spent the past 37 years on Texas' death row. While Christians have varying views on the death penalty, hopefully we can all agree no person with intellectual disability should be executed. As the U.S. Supreme Court recognized more than 15 years ago, "no legitimate penological purpose is served by executing a person with intellectual disability" because such persons "do not act with the level of moral culpability that characterizes the most serious adult criminal conduct." While the Texas Court of Criminal Appeals has been reticent to heed this message, it has both the legal and moral duty to do so now. And it should take an important 1st step here by reforming Moore's death sentence to life imprisonment. As a 13-year-old, Moore lacked a basic understanding of the days of the week, the months of the year, telling time and the concept that subtraction is the reverse of addition. He failed the 1st grade twice and every grade after that before dropping out of school in the 9th grade. At age 14, his father - after subjecting Moore to years of severe mental and physical abuse - threw him out of the house because Moore still did not know how to read. Moore lived on the streets, eating out of garbage cans and sleeping in a pool hall. He survived largely due to the kindness of strangers. Then, at age 20, Moore was involved in a bungled grocery store robbery, in which he shot and killed a grocery store clerk. He has spent nearly 40 years on death row for that crime, which we all condemn. In 2014, a Harris County district court judge held a two-day hearing. After carefully listening to experts and witnesses, Judge Susan Brown applied current medical standards and determined that Moore is intellectually disabled and therefore exempt from the death penalty. She noted that Moore has an average IQ score of 70.66, which is well within the range of intellectual disability. And she found in her lengthy fact-finding that Moore's serious mental and social difficulties were very clear from early childhood. The judge's determination that Moore is intellectually disabled and exempt from the death penalty should have been the end of the matter. Instead, in 2015, the Court of Criminal Appeals said that the lower court erred in applying current medical standards in making its determination that Moore was intellectually disabled. Applying nonclinical and outdated medical standards, it decided that Moore was not intellectually disabled and could be executed. In March, in Moore vs. Texas, the U.S. Supreme Court emphatically reversed the appeals court's decision. The U.S. Supreme Court carefully reviewed the record. It emphasized that Moore's IQ score is clearly within the range of intellectually disabled and that the evidence just as clearly supported that he had significant mental and social difficulties from an early age. The U.S. Supreme Court also strongly endorsed Brown's application of current medical standards in concluding that Moore is intellectually disabled. Moore's case is back before the Court of Criminal Appeals. This case presents not only a legal issue but also a moral one. In Moore's case, the U.S. Supreme Court questioned why Texas applies current medical standards for diagnosing intellectual disability in other contexts, "yet clings to superseded standards when an individual's life is at stake." The appeals court now has the opportunity to chart a new course for how Texas handles intellectual disability claims and ensure that no person with intellectually disability is executed. Moore is not the worst of the worst, but due to his significant intellectual deficits, he is certainly among the most vulnerable. He is worthy of God's love and our fair and humane treatment. There is a path forward that affirms Moore's innate dignity as a human being, while still ensuring that justice is done. The Court of Criminal Appeals should follow this path and reform Moore's death sentence to life imprisonment. (source: Commentary; Steve Wells is pastor of South Main Baptist Church in HoustonSan Antonio Express-News) PENNSYLVANIA: Judge tosses death sentence in double murder, orders new hearing A Pennsylvania judge has thrown out the death sentence imposed
[Deathpenalty] death penalty news----TEXAS, PENN., DEL., GA., FLA., ALA.
June 3 TEXAS: Is the death penalty dying in Dallas County? The crimes were heinous but Dallas County jurors couldn't condemn the convicted killers. A college student killed 3 people at a drug house in a premeditated robbery. A former special education teacher and U.S. Army veteran killed his girlfriend, her teenage daughter, his estranged wife, her adult daughter and severely wounded 4 children in a 2-city rampage. But neither killer received the death penalty, a punishment reserved for the "worst of the worst." Statewide, juries have declined death sentences in nearly 1/2 of the cases presented to them in the past 2 years. So, what does it take to win a death penalty sentence? "You gotta be perfect probably these days," said Edwin King, a special prosecutor in one of the Dallas County cases. Jurors couldn't agree to the death sentence in the 2 recent capital murder trials. They were the first Dallas County cases in which the state sought the death penalty since 2014. The Dallas County District Attorney's office is planning to seek death for Antonio Cochran, the man accused of kidnapping and killing 18-year-old Zoe Hastings in 2015 while she was on her way to a pharmacy to return a rental movie. The decision to seek the death penalty is based on the the severity of the crime, criminal background and what the victim's family wants, said Dallas County District Attorney Faith Johnson. "Our office only seeks the death penalty in the most heinous and serious of crimes," Johnson said. The death penalty case against Cochran is the 1st filed since Johnson took office in January. Prosecutors in the case may face an uphill battle. National support for the death penalty has drastically declined in recent years. Fewer than 1/2 of the population supports capital punishment, according to the Pew Research Center. "Even in Texas, the death penalty is dying," said Jason Redick of the Texas Coalition Against the Death Penalty. In the 15 death penalty cases tried in Texas since 2015, jurors have sent only eight men to death row. Death sentences peaked in the 1990s. Between 2007 and 2013, Dallas County led the state in defendants sent to death row. During that time, the county sentenced 12 people to death. Executions in Texas are also declining because of legal reforms that give prisoners more chances to have their sentences reviewed. Jurors are only selected after they agree that they can give the ultimate punishment. Even so, they appear to be split on the issue in recent years. "We know these aren't folks who are anti-death penalty folks," Redick said. "At one point, they said they could hand out a death sentence." Capital punishment has been controversial for years. There have been botched executions. People sitting on death row have been exonerated. And critics point to the disproportionate number of minorities sentenced to death. Pursuing the death penalty can cost taxpayers millions. For many small counties, the price is too high. Seeking the death penalty in Montague County would've eaten up nearly 1/10 of the yearly budget when Tim Cole was district attorney there. He is now a law professor at the University of North Texas at Dallas and tracks death penalty cases in the state. His opinion of capital punishment has shifted over time. "It is time for the death penalty to go away," he said. "My primary concern with it is we don't seem to get it perfectly. ... The execution of one innocent person isn't worth it to me." He said the decision to pursue the punishment is too subjective. It's left to each county's district attorney, and there are no standard guidelines to determine when the lethal injection would be appropriate. And in 2005, Texas passed a bill creating an automatic sentence of life in prison without parole for anyone convicted of capital murder. The new punishment put an end to a time when the worst killers might have once been released into society. Cole believes the automatic sentence is a factor in the death penalty decline. Prosecutors may seek the punishment less often knowing the defendant will die in prison. Also, jurors who say they support the death penalty may have a tough time when faced with an actual decision. "When you see the person, when you hear their history, their background, sometimes they were abused as children themselves, sometimes they're mentally ill ... it's a different thing," he said. "Now you have a face." Jurors aren't simply asked to answer "yes" or "no" when considering the death penalty. They must unanimously agree that the defendant poses a continuing threat to society and that there are no reasons to save that person's life. Those issues posed a problem for the 2 recent Dallas County cases. In the case of Justin Smith, the college student who killed 3 people in a drug house, more than a dozen people vouched for him. They believed he was once a good man. He
[Deathpenalty] death penalty news----TEXAS, PENN., N.C., FLA., ALA.
June 1 TEXAS: Death Row Solitary: 'Their Walls Have Driven Them Mad' Anthony Graves emerged from solitary confinement over 6 years ago to become a national crusader for justice reform, but it took a recent report by researchers at the University of Texas at Austin to add new urgency to his campaign to reform the practice in his own state. Graves spent more than 18 years in the Texas prison system, including 16 years in the all-solitary Allan B. Polunksy Unit, after being convicted for murders that he didn't commit. He was released in 2010 after DNA evidence helped exonerate him - but the trauma of his nearly 2 decades behind bars is with him still. Graves started his own foundation - with about $250,000 the state compensated him for the years he was wrongfully imprisoned - to support his efforts. His argument that solitary confinement on death row is inhumane has been reinforced by the study published earlier this spring by the Human Rights Clinic at the University of Texas School of Law-Austin, entitled "Designed to Break You: Human Rights Violations on Texas' Death Row." The study's title, he believes, couldn't be more accurate. "Every day you have something going on in solitary confinement," Graves, who spent some 12 years of his solitary confinement on death row, told The Crime Report. "From men going insane, to men dropping their appeals, to men overdosing on their medication - and some men not even being men because their walls have driven them mad." Texas death row inmates, according to the report, are subjected to a total ban of visits from attorneys, friends and family; "substandard" physical and psychological health care; and lack of access to what human rights activists would consider "sufficient" religious services. "Prolonged solitary confinement has overwhelmingly negative effects on inmates' mental health, exacerbating existing mental conditions, and causing more prisoners to develop mental illness for the 1st time," the report said. As of April 2017, 233 men were on death row in the Texas Department of Criminal Justice's Polunksy Unit in Livingston, which "Texas Tough" author Robert Perkinson called the "most lethal" death row prison "anywhere in the democratic world." Another 6 women are housed in death row at the Mountain View Unit in Gatesville. According to the UT-Austin study, inmates on death row spend an average of 14 years and 6 months housed there - most of the time in solitary. According to a 2014 ACLU brief, Texas death-row prisoners had most of the same privileges as those in the general prison population until 1999, when they were effectively confined to permanent solitary confinement until their execution. Under current conditions, according to the report, inmates on solitary are confined to 8 by 12-foot cells for at least 22 hours per day, and are banned from socializing or eating with other inmates. Inmates are only able to see out a small window in their cells by rolling their mattresses and standing on them. A bill calling for an Office of Independent Oversight Ombudsman for the Texas Department of Criminal Justice (TDCJ), which would increase transparency in the prison system was considered by the Texas legislature this session, but failed to move forward. The problem is not confined to Texas. According to the UT-Austin Human Rights Clinic researchers, more than 3,000 death row inmates across 35 states are in solitary confinement. Most are isolated due to their original capital conviction - and not for behavior while in prison. Some states have reformed conditions. 7 - California, Alabama, Georgia, Missouri, Nevada, Ohio and Indiana - now allow visits on death row with family and attorneys, for example. But the number of exonerations has focused attention on what happens to all prisoners who experience solitary confinement. Graves said he was fortunate to have a support system when he was released from prison. However, he says he suffered from PTSD, sleep deprivation and loneliness. He was so used to having only himself for company that he had a difficult time adjusting to the company of others. "It's like landing on Mars," Graves said of his return to civil society. "The whole word has changed, and you have to deal with that. You're starting to feel like maybe you can't make it out here and you start to deal with it psychologically. "The sad part is there are no facilities or programs trying to deal with these issues." He believes inmates held in solitary confinement are set up for failure when it comes to rehabilitation, and that runs counter to the purpose of any criminal justice system. Considering that even inmates on death row could be released, as he was, on new evidence that exonerates their charges, authorities should not exclude those inmates from reform measures. Researchers found "self-injury" is 8 times more likely, and suicide 5 times more likely, in Texas'
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., ALA., OHIO, KY.
May 25 TEXAS: Was a convicted murderer incompetent to stand trial - 6 years ago?Fort Bend County jurors wrestle with a rare retrospective question Albert James Turner was convicted in 2011 of murder in the deaths of his mother-in-law and wife. The jury sentenced him to death - a choice made only every few years in Fort Bend. The case returned last week to the same courtroom with the same judge, the 268th District Court with Judge Brady Elliott, to take on an issue Turner's defense argued should have been addressed in the first place. The question before the jury was not whether he committed the crimes, cutting the throats of his relatives. Rather, the issue at hand was dubbed "retrospective competency," meaning jurors had to decide whether evidence showed Turner had not been mentally fit for trial. It was "a case that's not normally one we take up," the judge told the jurors. Judge Elliott had denied a request for a competency trial 6 years ago. A state appellate court had now granted it to Turner, allowing a chance at a totally new trial if jurors found him incompetent. Stakes were high. Turner's appellate defense attorney, Amy Martin, believed Turner was delusional. Turner felt convinced his attorneys had conspired against him, Martin said. And this illness might have affected his decision to testify originally, a fateful choice that perhaps influenced the jury to sentence him to death, rather than life in prison. That possibility, Martin said, was "not something we could stomach." Competency refers to one's ability rationally to understand proceedings in court. It is a different question altogether from whether someone was insane at the time of the crime. It deals instead with whether defendants can reasonably consult with their attorneys and understand the charges being brought against them. Evaluating a defendant for competency before a trial begins is fairly standard procedure. Doing so retrospectively is not. Several mental health professionals evaluated Turner before his trial began, court records show. One conducted an evaluation in May 2010, and the other in June. Both found him competent. If they had not, he could have been sent to a hospital for rehabilitation. Still, the question of his mental faculties didn't stop there. Turner became a detriment to his own defense, said Patrick McCann, his attorney at the time. "Time dragged on," McCann said. "He got worse." On April 15, 2011, defense attorneys filed a request for a trial on Turner's competency. 3 days later, on the 1st day of jury selection, the judge denied it. But the defense persisted, and on May 6, the judge ordered 1 more evaluation, this time by the county's director of behavioral health services. After a 30-minute conversation during which Turner remained standing, she concluded his functioning had not significantly changed. The case went to trial. Turner testified. The jury sentenced him. An appeal followed, and the higher court decided he deserved the competency trial after all - leading to last weeks' proceedings. Testimony continued to midday Thursday, when the 12-person jury heard closing arguments. Proesecutor Fred Felcman painted the case as woefully lacking in the expected indicators, such as family speaking of his illness or physicians having treated him. He said a defendant didn't have to help his attorneys. "This is not what you thought it was going to be, was it?," Felcman said. Martin argued that even though Turner wasn't curled up in a corner or foaming at the mouth, he still had a mental illness. She insisted he had a delusional disorder, which could be hard to detect. "He didn't have a disagreement with his attorneys," she said. "He had a break with reality." Turner refused to be in the courtroom. A video camera allowed him to watch proceedings from jail. The jurors made a decision in 2 hours. Members of the Fort Bend County District Attorney's Office sat in the room, as did Darren Frank, whose sister and mother were the people Turner killed. Frank had cared for his sister's 4 children since the murders. He said he felt a little surprised to see Turner's case return to Fort Bend and had prepared for whatever the outcome would be. His main priority, he said, was supporting the children. "Even one day, if [Turner] dies, it can't bring back what we've lost," Frank said. "I have to remove myself from the situation and just really focus on them and how I can help them." Cases like these didn't come around every day. Martin, who wrote the appellate brief, said she knew of only one other, from 2012 in Harris County. The judge read Turner's verdict. They jury said Turner had been competent. His appeal will continue. (source: Houston Chronicle) PENNSYLVANIA: Prosecutor seeking death penalty against man accused in 4-year-old's death A Butler County man accused in the death of his girlfriend's young son was in
[Deathpenalty] death penalty news----TEXAS, PENN., FLA., ALA., LA., KY.
May 18 TEXAS: Court lifts reprieve for Nicaraguan man on Texas death row The Texas Court of Criminal Appeals on Wednesday lifted a reprieve it gave a Nicaraguan man a day before he was to be executed 2 years ago for killing a Houston high school teacher during a 1997 robbery. The state's highest criminal appeals court had halted the scheduled August 2015 lethal injection of Bernardo Tercero after his attorneys contended Harris County prosecutors unknowingly presented false testimony from a witness at his trial in 2000 for the death of 38-year-old Robert Berger. Wednesday's ruling affirms the findings of Tercero's trial court that last year held a hearing on the claim and determined the testimony was proper. Berger was a customer in a Houston dry cleaners shop in March 1997 and was with his 3-year-old daughter when records show Tercero came in to rob the store. Berger was fatally shot and the store was robbed of about $400. Prosecutors said Tercero was in the U.S. illegally at the time. Tercero, now 40, argued the shooting was accidental. He testified Berger confronted him and tried to thwart the robbery, and the gun went off as they struggled. He was arrested in Hidalgo County near the Texas-Mexico border more than 2 years after the slaying. A second man sought in the case never has been found. Tercero's case has attracted attention in his home country, where a clemency plea from Nicaraguan President Daniel Ortega in 2015 was forwarded to Texas Gov. Greg Abbott. (source: Associated Press) ** Appeals court hears arguments in Williamson County death penalty case A defense lawyer for a man given the death penalty for a Williamson County killing argued before the Texas Court of Criminal Appeals on Wednesday that the evidence used to convict Steven Alan Thomas did not prove he committed the crime. A Williamson County jury convicted Thomas of capital murder in October 2014 and sentenced him to death for the sexual assault and strangulation of 73-year-old Mildred McKinney in 1980. Defense lawyer Ariel Payan said Wednesday that Thomas' fingerprint, which was found on the back of a clock in McKinney???s bedroom, could have been there because Thomas worked for a pesticide company that had been to her house. Payan also said Thomas' sperm was found on a piece of medical tape wrapped around one of McKinney's thumbs but that did not prove he sexually assaulted her. McKinney also had DNA inside of her from 3 other unknown men, he said. The same arguments about how the evidence could not prove Thomas' guilt were made by his lawyers during his trial. Payan also said Wednesday the testimony of a jailhouse snitch during Thomas' trial could not be confirmed and should have been inadmissible. The inmate, Steven Shockey, told a jury that Thomas told him about being high on cocaine, breaking into a house, having to restrain a woman before she got out of bed and taking 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, 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. By state law, every death penalty case is automatically sent to the Court of Criminal Appeals. "The litigants can request oral argument or not," Payan said after the hearing. "I almost always do, and it is usually granted but not always." It was unclear Wednesday when the judges would make a decision. (source: Austin American-Statesman) PENNSYLVANIA: The slowly-shifting status of capital punishment in PA Anti-establishment lawyer Larry Krasner's win in the Philadelphia District Attorney Democratic primary Tuesday put him on track for a probable victory in November. Krasner has made a name for himself as a longtime defense lawyer in civil rights cases, but he is perhaps best-known for his ardent opposition to the death penalty. His election dredged up a recurring discussion Pennsylvania has been grappling with for decades: what does the future of capital punishment in the commonwealth look like? Pennsylvania is 1 of only 2 states in the northeast that still allows the death penalty. It has the 5th most inmates on death row in the nation, but in the last 40 years, has only executed 3 people. Why the disparity? Marc Bookman, with the Atlantic Center for Capital
[Deathpenalty] death penalty news----TEXAS, PENN., S.C., FLA., ALA., OHIO
May 11 TEXASimpending execution Death Watch: The Capital of Capital PunishmentTilon Carter set for execution - again For the 2nd time this year, Tilon Carter faces execution - this time, he's set for Huntsville's gurney next Tuesday, May 16. Carter was convicted of capital murder in 2006 in Tarrant County, for the robbery and suffocation of 89-year-old James Eldon Tomlin. He received a stay in January based on a technicality involving the filing of his death warrant, so the Court of Criminal Appeals ordered the lower court to reset Carter's execution date. Carter has exhausted his appeals, but maintains that Tomlin's death was accidental. Robin Norris, his attorney, did not respond to requests for comment. The resetting of execution dates combined with last-minute stays is one of several injustices highlighted in "Designed to Break You: Human Rights Violations on Texas' Death Row," a recent report from the Human Rights Clinic at the UT School of Law. The yearlong study focused on the Texas Department of Criminal Justice's repeated resetting of execution dates, inmates' limited access to religious services, and - most significantly - the Polunsky Unit's use of solitary confinement. Texas has been dubbed the Capital of Capital Punishment. Since the Supreme Court reinstated the death penalty in 1976, the state has executed 542 people. (Carter would bump that to 543.) Oklahoma and Virginia have the 2nd and 3rd most deadly death rows, each with 112 executions. Texas' death row inmates spend 22-24 hours a day in solitary. Though the TDCJ allows inmates up to 2 hours of "recreation" time daily, the report notes: "In practice, death row inmates often do not receive outdoor [time]." And even outside, the so-called "yard" is a slightly larger cell closed off by high concrete walls and caging over the top, which limits natural light. It's typical for death row inmates to spend more than a decade living in these conditions prior to their execution. Mandatory confinement has been required since the men's death row was transferred from Huntsville to the Polunsky Unit in nearby West Livingston in 1999. All human contact has been banned as well. The TDCJ's severe use of solitary and isolation has been called inhumane by the Inter-American Commission on Human Rights, the Organization of American States, and the European Convention on Human Rights. The UT report states the use of solitary, to such a degree, is incredibly detrimental to inmates' mental health - most noticeably those already suffering from mental illness. In what is dubbed "death row syndrome," prisoners report experiencing severe depression, memory loss, suicidal tendencies, and more. The study summarizes, they're "effectively subject to a severe form of psychological torture every day of their lives." Asked for a response to the study, Jason Clark, the TDCJ's director of public information, told us: "Offenders on death row are individuals who've been convicted of heinous crimes and given the harshest sentence possible under the law. The Texas Department of Criminal Justice will continue to ensure it fulfills its mission of public safety and house death row offenders appropriately." According to Ariel Dulitzky, a UT Law professor and the director of the Human Rights Clinic, TDCJ declined to meet with the clinic over the course of the study, and has yet to respond to a follow-up request made earlier this month. However, Dulitzky said the clinic hopes this report will secure a "complete ban" of mandatory solitary confinement. In the interim, the clinic is advocating for the prohibition of confinement for all inmates with mental health problems, for the implementation of "physical contact visits with families and attorneys, communal religious services," and for improvements to health care. (source: Austin Chronicle) ** Convicted rapist, murderer to get off death row A convicted rapist and murderer will be removed from death row due to new evidence and changes in the law, according to the Harris County District Attorney's Office. Robert James Campbell, 44, was sentenced to death in the 1990's for the murder of Alexandra Rendon. Rendon, a Houston bank teller, was kidnapped from a gas station and driven to a remote location in south Houston in 1991. Campbell and an accomplice raped and robbed her. Campbell then fatally shot Rendon in the back as she tried to run away. Campbell was set to be executed in 2014, but the 5th US Circuit Court of Appeals halted the punishment at the last minute. The court allowed defense attorneys to pursue an appeal, which claimed Campbell was mentally impaired due to his low IQ, and ineligible for the death penalty. A 70 IQ is the minimum threshold set by the court. The appeal has been pending ever since. Then Wednesday morning, prosecutors with the Texas Attorney General???s Office filed a request for the case
[Deathpenalty] death penalty news----TEXAS, PENN., DEL., WYO., ARIZ., CALIF., USA
May 6 TEXAS: State's Narrow Disability Definition Resulted In Unconstitutional Death Sentence In 1985, Pedro Solis Sosa was sentenced to death for kidnapping and killing a sheriff's deputy in Wilson County. Prosecutors alleged that Sosa killed Ollie Childress Jr. with the officer's own pistol after robbing a bank. Sosa claims he's innocent, and as of Wednesday, he won't be executed for the crime. The Texas Court of Criminal Appeals ruled that because of his intellectual disabilities, killing Sosa would be unconstitutionally cruel. The definition of what classifies a person as 'intellectually disabled' when it comes to the death penalty has been a bit of a grey area for some time. Robert Dunham, executive director of the Death Penalty Information Center at Washington, says the U.S. Supreme Court it attempting to clarify that definition, "The definition of intellectual disability is relatively clear in medical circles but states that have been carrying out executions have been creating their own definitions," Dunham says. "They've made it so that some people who are intellectually disabled will still be executed." The Supreme Court ruled in March that the Texas Court of Criminal Appeals had improperly sentenced Bobby Moore to death - that the medical standards used to do that didn't follow a proper legal framework. Moore's case was cited in Sosa's decision. Texas has used what's called the Bricenio Factors to determine what the criteria for an intellectual disability is. But the Supreme Court said the factors were basically a set of lay stereotypes that had nothing to do with whether a person was actually intellectually disabled, Dunham says. "Instead of looking at whether they had deficits in adaptive functioning and significant impairments in intellectual functioning," Dunham says, "the court in Texas [used] this requirement under the Bricenio Factors that you ask a series of questions including 'Did people who knew the person growing up think that they were intellectually disabled? Were they able to lie successfully and avoid detection?' Things like that, that have nothing to do with whether you are or aren't intellectually disabled." Dunham says the Supreme Court's ruling does not necessarily mean there has to be a medical determination that a person is intellectually disabled before the court can sentence someone to the death penalty, but there does have to be a court determination that a defendant meets the clinical criteria. "It will make it clearer how you go about deciding whether someone is eligible for the death penalty instead of having lay stereotypes being used," Dunham says, "You will have to pay closer attention to the clinical definitions that will make the determinations, I think, more accurate. And it will also have the effect of excluding some people from the death penalty who in the past were still being subjected to it." This ruling doesn't broaden the definition of intellectual disability, instead it merely brings states up to medical standards that have already been set in place. "There is a fixed set of standards that are pretty clear in the medical community," Dunham says. "States that want to execute people who have intellectual disability have been creating their own rules that have artificially narrowed the definition the United States Supreme Court is saying you've got to apply the established clinical definition. That definition hasn't changed it's just being made clearer." (source: kut.org) PENNSYLVANIA: The death penalty - 2 views With all the attention the recent trial of Eric Frein has received, questions about the death penalty in Pennsylvania have been raised again, not only in Pike County, but across the state, and even nationally among law enforcement officers, attorneys, civil rights groups, and the general public. As might be expected, the views of District Attorney Ray Tonkin and Defense Attorney Michael Weinstein, the prosecution and defense respectively in the Frein case, represent 2 ends of the spectrum. A brief history and current status of the death penalty in PennsylvaniaIn December of 2011, the Pennsylvania State Senate adopted Senator Greenleaf's Senate Resolution 6 establishing a bi-partisan task force and advisory committee to conduct a study of capital punishment in the Commonwealth. When Gov. Tom Wolf took office in 2015, he announced that he would put all executions on hold until the committee released its report. The committee has not yet released its report. Meanwhile, Wolf has been issuing reprieves on an individual case basis. The Pennsylvania Supreme Court in Dec. 2015 upheld Wolf's constitutional authority to grant temporary reprieves to inmates on death row. Thus far, he has reprieved 5 convicted killers scheduled for execution. There are currently 185 inmates on death row in Pennsylvania. The death penalty remains the law of the
[Deathpenalty] death penalty news----TEXAS, PENN., DEL., ALA., OHIO, TENN.
May 3 TEXAS: Former Texas Prosecutor Probably Sent Innocent Man to His Death. Now He's on Trial for Misconduct. The courthouse in Corsicana, Texas, roughly 60 miles southeast of Dallas, has been meticulously restored to its original 1905 glory, a time when the county was awash in oil money. Its main courtroom has soaring, 2-story pink walls and gold-flecked architectural details that frame the judge's bench, witness stand, and jury box. For more than 3 decades, John Jackson worked this room (though during those years it was a far more utilitarian space), 1st as a prosecutor with the Navarro County district attorney's office and later as an elected judge, until his retirement in 2012. Last week he returned, this time as a defendant, facing charges brought by the State Bar of Texas, whose lawyers argue that Jackson violated basic legal ethics in connection with his conduct in prosecuting the county's most notorious case, the death penalty trial of Cameron Todd Willingham, who was convicted and ultimately executed for what the state insists was the December 1991 arson-murder of his 3 young children in the home they shared just over a mile away. Specifically, the state's lawyers contend that Jackson made a deal with a jailhouse snitch who agreed to testify against Willingham and then hid that deal from Willingham's defense attorneys - a clear violation of both law and ethics. They say that Jackson took extraordinary measures over the next 2 decades to conceal his deceitful actions. "It is a duty of the prosecution - an ethical obligation - to turn over that evidence," state bar lawyer Kristin Brady told jurors in her opening arguments last Wednesday afternoon. "For years he protected this snitch; for years. It wasn't for [the snitch's] protection, it was for his own protection." The prosecution of Willingham has been widely reported and litigated, in part because his conviction was secured on twin pillars of evidence known to wreak havoc in the criminal justice system: junk science and incentivized snitch testimony. Where the junk science is concerned, there is now little question that the fire that killed Willingham's children was not arson - caused, as the state claimed, by Willingham spreading lighter fluid around his house and setting it ablaze. Leading fire scientists have weighed in to say that the evidence the Corsicana Fire Department and Texas fire marshal investigator relied upon in fingering Willingham as the cause of the deadly blaze was based on outdated, discredited fire-science folklore. It is the 2nd basis of the prosecution, however, that underlies Jackson's current civil disciplinary trial. In short, lead prosecutor Jackson called a man named Johnny Webb to testify at Willingham's 1992 trial to say that while he was locked up in the county jail on an aggravated robbery charge, his fellow inmate, Willingham, randomly, and in detail, confessed to Webb his alleged crime. Under questioning by Jackson, Webb asserted that he did not expect any benefit in exchange for his incriminating testimony. In the years since Willingham's 2004 execution, significant evidence has come to light indicating that was untrue. Records amassed by the bar association and the Innocence Project - including lengthy correspondence between Jackson and Webb spanning roughly a decade - strongly suggest not only that it was at least implied to Webb that he would receive a reduced sentence for his testimony, but also that Jackson went to great lengths to make that happen. Moreover, Webb now insists that his trial testimony was false and compelled by Jackson. On the witness stand on April 27, Jackson vehemently denied the allegations. Lawyers for the bar's Office of the Chief Disciplinary Counsel have tried to make clear that they are not here to re-litigate the question of Willingham's guilt or innocence, which they say is irrelevant. The sole issue at hand, they argue, is whether Jackson's actions as they relate to his dealings with Webb violated legal ethics - so far to seemingly thin effect. Indeed, where the bar attorneys have toed that straight-line, Joseph Byrne, Jackson's attorney, has done his best to conflate the issue of Willingham's guilt with Jackson's innocence: The bar, he has suggested, is motivated only by an interest in tarring Jackson in order to demonstrate that his client - and the state of Texas - hastened the execution of an innocent man. The Shoulders of a Jailhouse Snitch It was roughly 10:30 a.m. on December 23, 1991, when the fire broke out in the 5-room wood frame house on West 11th Ave. in Corsicana that Willingham shared with his wife, Stacy, and their 3 young daughters. The bodies of Willingham's twin 1-year-old girls were found amid the charred remains of the house. They had perished in the fire. First responders later carried out the 2-year-old, who was still alive. She died at the hospital shortly
