June 21 MISSISSIPPI: U.S. Supreme Court won't hear two Miss. death row cases The U.S. Supreme Court has refused to hear appeals from Mississippi death row inmates Rodney Gray and William Ray Hughes. The court acted Monday without comment. In September, the Mississippi Supreme Court turned down Gray's post-conviction petition, a legal maneuver in which an inmate claims he has new evidence that could overturn a conviction. Gray, 32, was sentenced to death in 1996 for the murder and assault of Grace Blackwell, 79, of Louin. The woman's mangled body was found Aug. 15, 1994, at the end of a Newton County bridge. According to the court record, Gray, in a jailhouse confession, told two cellmates that he kidnapped and raped Blackwell, shot her in the head with shotgun, tossed her from a car and ran over her with a vehicle. An autopsy showed the woman had died from a shotgun wound in the head. Blackwell was last seen alive after cashing a $1,200 check at her bank in Louin. The teller testified at Gray's trial that she heard the woman say over the speaker, "I'm hurrying. I'm hurrying." The teller said clothes hanging in the car prevented her from seeing whether anyone else was in the car. Hughes, 44, was denied a new trial in November by the Mississippi Supreme Court. However, 2 justices said Hughes deserves a hearing on whether he is mentally retarded. The court in 1999 upheld the death sentence given Hughes in the murder and kidnapping of a Senatobia High School student. Ashley Galloway, a 16-year-old junior, was raped and killed in early 1996. Her car had broken down and she was last seen getting into a pickup truck. On Jan. 22, 1996, 13 days after her disappearance, Galloway's body was found by children under the floor of an abandoned house in Quitman County. Prosecutors linked Hughes to the crime by piecing together testimony of various witnesses, the identification and location of items of physical evidence and DNA evidence, according to the court record. (source: Associated Press) FLORIDA----re: Vienna Convention issues Briton asks for US murder review Lawyers representing a Briton who has spent 18 years in a US prison for a double murder he denies committing are to petition for a review of his case. Krishna Maharaj, 65, spent 15 years on Florida's death row before his sentence for shooting a drug trafficker and his son was commuted to life in 2002. The Londoner's lawyers say the US broke treaty rules by not informing the British Consulate of his 1986 arrest. They say this made it hard for him to get proper legal representation. Maharaj was arrested for the murders of Maharaj Jamaican Derrick Moo Young and his son Duane in a Miami Hotel room in October 1986. Although he claims to have witnesses who can place him 30 miles away at a business meeting in Fort Lauderdale at the time of the killings, these witnesses were not called by the lawyer who represented him at his trial. Maharaj's current legal team also says the US failed in its obligation under the Vienna Convention to inform British consulate officials of his arrest so that they could help get proper legal representation. The Vienna Convention sets out agreed diplomatic protocols between states. Procedural bar The cases of 51 other non-US citizens whose arrests breached the Vienna Convention were recently examined by the International Court of Justice (ICJ), which ordered the US to hold substantive reviews of their cases. The US agreed to do this, and the cases are going to be reviewed initially by state courts. Maharaj's legal representatives hope he will be granted a similar review by the Florida courts. The former businessman from Peckham, south London, also has an appeal pending in the federal appeals court, which his lawyers say they will ask to be put on hold if they are granted a Florida court review. Lawyer Annabel Harris, of human rights charity Reprieve, which is now handling Maharaj's case, says the review petition is "crucially important". She says his previous appeals have been dismissed for the "technical reason" that his claims are "procedurally barred" because his previous lawyers did not raise them early enough. But the ICJ ruled that the procedural bar doctrine should not be used to deny substantive reviews of Vienna Convention claims. As well as the witnesses placing him away from the crime scene, Maharaj's team say they know of the existence of other suspects with clear motives for carrying out the killings. (source: BBC NEWS (UK) VERMONT: Fell trial begins with defense admission of responsibility The 1st capital murder trial in Vermont in nearly 50 years began Monday morning with an admission that stunned the victim's family and prompted prosecutors and the judge to ask why there was a trial at all. "Donald Fell admits his responsibility," federal public defender Alexander Bunin told jurors. "We are not denying that." Despite Bunin's statement, Fell's trial will proceed, but the remarks demonstrated that the defense's legal focus, rather than centering on guilt or innocence, will be to spare Fell from the execution that federal prosecutors are seeking and that Terry King's relatives say he deserves. Fell, 25, of Rutland is facing four federal charges in the Nov. 27, 2000, slaying of the 53-year-old King. The two most serious charges -- kidnapping and carjacking with death resulting -- carry the possibility of a death sentence if jurors convict Fell. The jury could opt to sentence him to life in prison without parole. Fell and friend Robert Lee allegedly kicked and beat King, a wife and grandmother from North Clarendon, in a remote field in Dover, N.Y. She was beaten so badly she was unrecognizable, Assistant U.S. Attorney Stephen Kelly said. About 6 hours earlier, the young men used kitchen knives to kill Fell's mother, Debra, and her friend Charles Conway in Rutland, according to the government's allegations and Monday's admission by Bunin. Lee, who died in prison in 2001, and Fell encountered King as they scrambled to find a car so they could flee after the first two killings, according to the government's indictment. Federal authorities are trying the case because they say Fell and Lee kidnapped King in Vermont and took her across state lines before killing her. No state charges have been filed in the slayings of Debra Fell, 46, and Conway, 44. Vermont has no death penalty, but federal law allows capital punishment. The trial at U.S. District Court in Burlington is expected to last about three weeks, including a penalty phase that would occur if jurors convict Fell. King's family hopes the jury will find Fell guilty and sentence him to die, said Karen Worcester, one of King's daughters. "This isn't about revenge," she said after court recessed for the day. "This is about justice." Surprising concession Bunin, 1 of 3 lawyers representing Fell, spoke for less than 10 minutes Monday morning, but his opening remarks set the tone for the trial. Guilt is not at issue, Bunin said, but Fell's tortured upbringing and intoxication that night limit his culpability. Fell, Lee, Conway and Debra Fell spent that November night drinking heavily. Suddenly, Fell and Lee each grabbed a knife and set upon a victim, Fell stabbing Conway and Lee attacking his friend's mother, Bunin said. "Because of the level of drinking they did that night, they were making very bad decisions," the defense attorney said. The young men -- Fell was 20 at the time; Lee, 21 -- still would have been drunk when they staked out the parking lot at the local Price Chopper supermarket, looking for a getaway car, Bunin said. King arrived for her 4 a.m. shift, but, using an unloaded shotgun, Fell forced King into her Plymouth Neon, and the 3 drove away. Five hours later they pulled off Route 22 in Dover, N.Y., and went into the woods with King. They wrestled with whether to let King go, Bunin said. At the last minute, they decided not to. "Donnie Fell pushed her to the ground and kicked her," Bunin said. "Robert Lee kicked her, picked up a rock and smashed her in the head." After the pair were arrested Nov. 30 in Clarksville, Ark., Fell expressed remorse, telling investigators he felt worthless and like he wanted to die, Bunin said. Bunin also told the jury about Fell's turbulent childhood, in which he was raised by alcoholic parents who abandoned him and left him with a man who sexually abused him, the defense attorney said. Confused response The defense's opening statement puzzled prosecutors and U.S. District Judge William Sessions III. "We're somewhat perplexed as to why we're having a trial," Assistant U.S. Attorney William Darrow said to Sessions. Darrow asked whether the opening statement relegated the trial's guilt phase to a charade-like task. The prosecution could rest without presenting any evidence and likely still obtain a conviction, Sessions said. "Why are we going through a guilt phase?" he asked Bunin. "Are we just going through an exercise?" In court, Bunin said prosecutors still must prove their case. But the defense has agreed not to contest much of the government's evidence, he said, so obtaining a verdict of guilty "should be pretty easy." After court, Bunin offered a carefully worded explanation to the media. "There's always a point to having a trial," he said. "We're just asking the jury to hear all the evidence." Worcester, King's 38- year-old daughter, said Bunin's opening statement stunned the family. "We were floored," she said. "I don't know why they would have done that. If that's the case, then why sit through all of this instead of just getting to the penalty part?" Michael Mello, a professor at Vermont Law School in South Royalton, called the defense's move "thought out, deliberate and very sophisticated." The admission shows that Fell's attorneys already are focusing on the penalty phase of the trial, because the evidence of Fell's guilt seems solid, Mello said. "I've pretty much thought from the outset that the battleground in this case would be the penalty," Mello said from his home Monday evening. "It sounds as though the defense lawyers agree." Prosecution's case Kelly, an assistant U.S. attorney, presented the prosecution's opening argument. In his 40-minute talk, he summarized the government's case and outlined expected testimony. His account was similar in parts to Bunin's, and disagreed at times, as well. Kelly described Fell and Lee as calculating and merciless men who planned the initial killings of Debra Fell and Conway, and who never intended to release King. Once the Rutland attack commenced, Fell ignored his mother's pleas, Kelly said. "As Deb Fell was struggling for her life, she actually turned to her son and told him that she loved him," the prosecutor said. Fell and Lee showed the same lack of mercy for King, Kelly said. Once, she tried to escape, but Fell dragged her back into the car, Kelly said. The men decided to kill her, the prosecutor said. "Terry King was their greatest threat," he said. "She had seen their faces. She knew their first names. She could identify them." They killed her as she prayed, Kelly said. Kelly also cast doubt on Fell's remorsefulness, telling jurors how Fell initially lied to police about what happened and, even after he admitted being involved in the killings, tried to shift blame to others. Witnesses and photos Prosecutors began their case with witnesses including King's husband, co-workers at Price Chopper and police officers involved in the investigation. Detective Cpl. Chris Kiefer of the Rutland City Police Department described finding the bodies of Conway and Debra Fell. She narrated a series of crime-scene photographs, including images of the bodies and blood spatters throughout the apartment. Fell watched the pictures intently, until the first image of his mother's corpse appeared. He immediately ducked his head and shielded his eyes with his left hand. Testimony is scheduled to continue today with an FBI special agent who interviewed Fell and Lee after they were arrested in Arkansas. (source: Burlington Free Press) ILLINOIS: Dugan link to Nicarico case studied----Grand jury considers inmate who confessed In a stepped up effort to secure an indictment of Brian Dugan in the 1983 Naperville murder of 10-year-old Jeanine Nicarico, DuPage prosecutors will be presenting evidence to the grand jury in weeks ahead, State's Atty. Joseph Birkett said Monday. "I've said it before that Brian Dugan is the target and he remains the target," said Birkett. Birkett noted that grand jury proceedings are secret, "but I think people will soon be seeing a lot of familiar faces in the courthouse. The investigation has been ongoing, and the presentation of evidence to the grand jury is part of that." The strongest reported evidence against Dugan is DNA samples that link him to the crime. Birkett declined to give a date when he would seek an indictment. Thomas McCulloch, Dugan's attorney, said Monday that he hadn't heard anything specific about a current DuPage County grand jury investigation. "I assume there will be an indictment at some time," said McCulloch, who added he last talked to his client, who is in Pontiac Correctional Center, late last year. Birkett has said previously that he would seek the death penalty against Dugan if he is indicted and convicted of the Nicarico murder. Dugan, 49, of Aurora, is currently serving 2 life sentences for the murders of a Geneva woman and a Somonauk child. He has been at the center of a 20-year firestorm since he confessed to killing Nicarico in a statement that couldn't be used against him in a criminal court. Dugan claimed that he was the sole perpetrator of the murder, kidnapping and sexual assault of the girl who was abducted from her Naperville home on Feb. 25, 1983, when she stayed home from school because of illness. Three other men were indicted and tried for the crime: One eventually had charges dropped against him. 2 were convicted and sentenced to death. Rolando Cruz and Alejandro Hernandez were both eventually freed from death row by judges who ruled there was a lack of evidence needed to convict. Also, 7 former prosecutors and police officers involved in the Nicarico death investigation were eventually charged with, and later acquitted of, malfeasance in Cruz's and Hernandez's prosecution. Dugan has never been indicted in the Nicarico murders, but the possibility has been discussed for years. Some evidence in the case over the years has been presented to the grand jury. "We are still waiting for the results of some tests," said Birkett. "We want to be able to deal with every piece of evidence." The potential indictment comes as Birkett has announced that he is considering running for governor in next March's Republican primary. He lost the 2002 election for Illinois attorney general. Birkett has stated that the Dugan indictment has no political connection. But, timing of such indictments can have political consequences. Last Friday, Kevin Fox of Wilmington was released from jail after DNA evidence exonerated him of the murder of his daughter, Riley. Kevin Fox had been jailed for eight months after being indicted by the Will County grand jury by then-Will County State's Atty. Jeffrey Tomczak, just weeks before a close general election battle that Tomczak lost. The original indictment of Cruz, Hernandez and Stephen Buckley in 1984 occurred just before a tough primary battle between then-DuPage County State's Atty. Michael Fitzsimmons and Jim Ryan, who won. During plea bargaining with La Salle and Kane County prosecutors aimed at avoiding the death penalty, Dugan's attorney at the time, George Mueller, said his client was willing to also confess to the Nicarico slaying if he could avoid the death penalty. DuPage prosecutors declined the offer, claiming they believed they had already made credible arrests. Dugan has appeared at several court hearings over the last 20 years and has declined to testify about the Nicarico case, invoking his 5th Amendment right against self-incrimination. (source: Chicago Tribune) OHIO: Meeting to Decide Future of Death Row Briton Prosecutors who must decide whether to keep a Briton on death row in the United States will meet tomorrow to discuss his fate. Edinburgh-born Kenny Richey has been behind bars for 18 years but his death sentence for the killing of a child in an Ohio fire was overturned in April by a federal appeals court. The decision whether to retry the entire case is in the hands of Putnam County prosecutor Gary Lammers, who will meet representatives from the office of Ohio Attorney General Jim Petro tomorrow. He has until September 1 to either retry Richey or set him free. The Scot's lawyer, Ken Parsigian, said tomorrows meeting would be pivotal and that Mr Lammers could make his decision within the next 2 weeks. "I remain cautiously optimistic that Mr Lammers will decide it is not in the countys best interest to retry this case," he said. "Aside from the cost factors, the case is significantly weaker now. Key witnesses are no longer available, their scientific evidence was completely destroyed and it gets hard to prove anything after 19 years, memories fade. "They have a snowball's chance in hell of getting a conviction that is upheld beyond reasonable doubt any more." Meanwhile, the state has until July 14 to appeal against the 6th US Circuit Court of Appeals ruling that Richey had incompetent legal counsel at his original trial. "We are still going to pursue this and do intend to file our appeal to the Supreme Court before the deadline," said a spokeswoman for Mr Petro. Mr Parsigian is confident that the court, which is the highest in the land, will not hear the appeal, although he said the decision would not be made before October. "This is not a strong case, it has no affect on future cases and only affects one person," he said. "Why would they take a case that affects one person?" If Mr Lammers decides not to retry the case he is under no obligation to make an announcement before September 1. However, if he does, Richey could be released but would likely be barred from returning to Scotland pending a decision from the Supreme Court. Many are optimistic that his 18-year ordeal will soon come to an end. PR guru Max Clifford has already been hired to co-ordinate his publicity and control media access to Richey if and when he returns home. The 41-year-old was convicted and sentenced to death in 1987 for the arson death of 2-year-old Cynthia Collins. Prosecutors said Richey started the fire at the house in Putnam County in June 1986 to kill Collins mother, Richey's former girlfriend. British MPs and leading human rights campaigners have fought on Richeys behalf for years, pleading a "compelling" case of innocence. The controversial case has also won support from the European Parliament, a host of celebrities and the late Pope John Paul II. (source: The Scotsman) INDIANA: Lambert awaits court rulings as scheduled execution nears Preparations continued Tuesday at the Indiana State Prison just hours before the scheduled execution of death row inmate Michael Lambert while authorities awaited court rulings on whether it would be delayed. Prison Superintendent Cecil K. Davis said staffers were proceeding with the normal execution schedule for Lambert to undergo lethal injection beginning about 12:01 a.m. Wednesday. "We are ready to deal with the situation as it arises," Davis said Tuesday. "If we get word today that the stay will continue, then we will stand down and resume normal operations." Lambert, 34, was condemned for the December 1990 shooting of Muncie police Officer Greg Winters. The 7th U.S. Circuit Court of Appeals issued an order Friday that blocked the scheduled execution, just hours before the Indiana Parole Board was to vote on whether to recommend clemency. Attorneys for both sides said the court wanted more time to consider Lambert's latest appeal. The state attorney general's office on Monday appealed the stay to the U.S. Supreme Court. If that court orders that the stay be lifted, Lambert attorney Alan Freedman said he would ask the 7th Circuit to rule quickly on the merits of his client's appeal. It claims that certain victim impact testimony may have flawed the jury's recommendation for death. State prison spokesman Barry Nothstine said Lambert met with his lawyer early Tuesday and had at least one visitor. Condemned inmates usually have a last meal two days before the scheduled execution, but Lambert did not request a special meal, Nothstine said. In a previous appeal, the state Supreme Court agreed with Lambert that the jury should not have heard some evidence about the impact that Winters' death had on his family and co-workers. However, the state's high court concluded that aggravating factors outweighed mitigating ones and affirmed the death sentence. It declined an appeal on April 28 and set the execution date. The shooting death of Winters happened after police officers arrested Lambert, who was then 20, for public intoxication, briefly patted him down and put him in the back seat of Winters' cruiser. A few minutes later, Winters was shot 5 times to the back of his head and neck. He died 11 days later. Lambert told the parole board last week that he was so drunk at the time of the shooting he could only remember brief snippets of what happened. He said did not know what he had done until his mother told him the next day. (source: Associated Press)
