[Deathpenalty] death penalty news----FLA., CALIF.
July 15 FLORIDA: Death row inmate requests electric chair, Florida law may make it possible Considered among the most dangerous inmates, Action News met with Wayne Doty in a small room at Florida's death row. Despite his wrists being shackled, security still watched his every move. "An individual has the right to choose their own destiny," Doty professed. Then, the Plant City man uttered what no Florida inmate has requested before. The 44-year-old is demanding to be put to death by the electric chair and not by the lethal injection method. "The bottom line is, at the end of the day I'm the one that murdered an individual," said Doty. "Not you, not anybody else. So it is my life, it is my crime, it is my means of execution." His reasons even dumbfounded Mark Elliott, Executive Director of Floridians for Alternatives to the Death Penalty. "I don't understand. I don't know what his motives are," said Elliott. Why he wants the electric chair Doty's claims are flabbergasting. He doesn't like needles. He was also a former welder and believes that electrocution is a more humane way to die. "Electricity, 2000-3000 volts of electricity right through a person's brain will render you dead within seconds," said Doty. The state doesn't agree Florida took the electric chair out of commission after the execution of triple murderer Allen Lee *Tiny* Davis back in 1999 went horribly wrong. Davis' execution drew nationwide attention after he bled profusely from the nose while being electrocuted. ? Many argued that execution by electrocution was outdated. Then Governor Jeb Bush, agreed that lethal injection would become the primary means of capital punishment. The loophole in the law that may grant Doty his wish "Although we are locked up in prison we have our own rights," said Doty. A rarely used Florida law gives the state no choice but to honor Doty request. Once sentenced, inmates have a one time option of requesting their means of execution. What landed Doty on death row Doty shot to death Harvey Horne II, a worker at a manufacturing plant in Plant City in 1996. But that murder didn't send Doty to death row. He got life in prison. Doty landed on death row only after killing another inmate, Xavier Rodriguez years later in 2011. Why Doty says he did it His reasons behind killing the inmate are another mind twister. Doty said he did it for Horne's sake. "It is just my right to bring closure to the victim's family," said Doty. According to court records, for weeks, if not months, Doty had been planning the murder of Rodriguez. What his victim's son thinks "I was shocked and flabbergasted and totally disgusted," said Harvey Horne III. Horne is the son of the man Doty killed in 1996. "He and another man shot him 5 times in the face," said Horne. Doty ultimately confessed to the murder of Harvey Horne admitting he shot Horne in the face during a drug robbery, according to court records. "He didn't say he wanted to die when he was on trial when he first went to court when he killed my father. He tried to fight it," said Horne. Doty saying that he killed the inmate for Horne's sake, truly infuriates Horne's son. "My father's loss had a tremendous impact on me. I did not get a chance to be with my dad. He was killed right before my 20th birthday and now you just took this man a way to give me peace? That does not give me any peace it makes it worse. What kind of man are you?" asked Horne. Doty's 2nd motive He said was to get out of general population. "Would you like to do life in prison?" he asked. Doty's request comes to light as Florida's death row policies are in complete chaos Pressure from the federal and state courts led to a new law in March. Now, death verdicts have to be unanimous. Legal experts explained that nearly 150 inmates, nearly half on Florida's death row could get a new trial or even their sentences reversed. Doty is one of those inmates, but is waiving appeals. Is Doty seeking the electric chair as a delay tactic? "If something happens and capital punishment is thrown out which could happen in the foreseeable future. That's not my problem," said Doty. (source: WFTS news) ** On Death Row for a 1960 murder, freed Jacksonville man reflects on another chance The mid-morning air feels like a wet blanket, but to 74-year-old Calvin Thomas, that suits him just fine. In fact, just about anything does these days. Using a cane to steady himself, Thomas directs his long-legged body to the chair at an outdoor table and slowly eases into it. A grin steals over his face as he takes in surroundings at the halfway house. It's a place for those, like him, who are starting over. "It's a beautiful thing. It's a beautiful thing," he says seemingly about nothing in particular and at the same time about everything. Thomas nods toward the outdoor grill and explains that on his 1st night here there were
[Deathpenalty] death penalty news----FLA., CALIF., USA
July 15 FLORIDA: New video shows murder suspect escaping Broward County Courthouse Deputies are searching for a murder suspect who escaped the Broward County Courthouse. Authorities say Dayonte Resiles slipped out of his jail jumpsuit and handcuffs and escaped at 9:30 a.m. from the courthouse in Fort Lauderdale. Courthouse officials say he was in the process of being unshackled when he broke free. The courthouse is on lockdown, according to the Broward County Sheriff's Office. Deputies are reviewing surveillance video and K-9 units can be seen searching the courthouse. Resiles was last seen wearing a white T-shirt and black shorts. Authorities say he killed a woman in Davie in 2014. Police found her in her home with her hands and feet bound. She had multiple stab wounds. He was in court for a hearing over whether the death penalty applies to his case, according to media reports. (source: WWMT news) CALIFORNIA: Abolish the death penalty; Vote yes on Proposition 62 California's death penalty has been a failure on every level. Capital punishment is barbaric, unfairly applied and does not prevent crime any more effectively than the prospect of life in prison. Since it was reinstated in 1978, the state has spent more than $4 billion on just 13 executions: Imagine if, instead, the money had been spent on education, on rehabilitating young offenders or on catching more murderers, rapists and other violent criminals. That's how to reduce crime and prevent more people from becoming victims. Proposition 62 in November would make California the 20th state to abolish the death penalty in favor of life in prison with no chance of parole. It's time. No, past time. Vote yes. A competing ballot measure, Proposition 66, aims to remedy some of the costs and delays in the current system by speeding up the process of killing convicts. Speed is the hallmark of places like China, where the average length of time on death row is estimated at 50 days. It is the opposite of what nations concerned with actual justice would do. In the United States, for every 10 prisoners who have been executed since the death penalty was reinstated in 1973, 1 person on death row has been set free. One in 10. California has 748 inmates on death row, and the likelihood of uncovering mistakes continues to grow with advances in DNA and other forensics. Why not just lock up killers for life? Costs will plunge. The guilty will never see the daylight of freedom again. District attorneys throughout the state argue that the death penalty is a tool to condemn society's most vicious criminals. But this claim flies in the face of actual evidence: For every year between 2008-2013, the average homicide rate of states without the death penalty was significantly lower than those with capital punishment. Those same district attorneys have unfairly applied the death penalty in California. In the past 10 years, Riverside County has condemned murderers to death row at more than 5 times the statewide rate. Residents of Alameda County are nearly 8 times as likely to be sentenced to death than residents of Santa Clara County. And juries in California are much more likely to recommend a death sentence for a black defendant than a white defendant. The independent Legislative Analysts Office estimates that abolishing the death penalty would reduce state costs by $150 million every year. The money could be used to prevent crime by, as one example, solving more homicide and rape cases, putting away predators who otherwise would claim more victims. It could be used for education -- lack of a high school diploma is one of the best predictors of a life of crime -- and for addiction and mental health programs that keep people out of the penal system, giving police more time to deal with serious crime. Donald Heller wrote the 1978 proposition that brought back capital punishment. He now favors abolishing it. He knows that it costs California $90,000 a year more per prisoner on death row than it costs to jail our worst criminals for life. No other Western nation has the death penalty. California shouldn't share the values of places such as North Korea, China, Pakistan, Libya, Iran and Saudi Arabia. It should shed this dehumanizing and costly practice -- and not speed it up, as Proposition 66 aims to do. That would actually magnify the inequity and sometimes outright injustice in the death penalty's application. Vote no on Proposition 66 -- and vote yes on Proposition 62. Abolish the death penalty in California. (source: Editorial, Mercury News) USA: Mike Pence's Stance On The Death Penalty Rubs A Growing Number Of Americans The Wrong Way With Donald Trump's recent announcement of Mike Pence as his 2016 running mate, people are rushing to scrutinize the Indiana governor's policy positions and voting record. One position that has not received much attention,
[Deathpenalty] death penalty news----FLA., CALIF., ALA., PENN., UTAH
Oct. 6 FLORIDA: Jury Recommends Death Penalty in Joel Lebron Case; The jury deliberated 2 hours before reaching the recommendation A jury has recommended the death penalty for a man convicted in the brutal rape and murder of a Miami teen and the attempted murder of her boyfriend. After 2 hours of deliberation, the jury voted 9 to 3 for the death penalty for Joel Lebron, 33. Prosecutor Reid Rubin had urged jurors to recommend the death sentence for the man. Lebron was convicted last week of 1st-degree murder, rape, attempted 1st-degree murder, robbery and kidnapping in the crime. This man knew what he was doing, he knew how he was doing it, he enjoyed it, Rubin said Friday. He continued to describe 18-year-old Ana Maria Angel's death to the jury. And then he began to fire his gun while she pleaded for her life, and pleaded for her life until she was dead, Rubin said. Jessica Gutierrez, a friend of Angel, said that the 18-year-old's mother was fighting for justice for her daughter. This is her only reason right now for living, she said. Making sure all the men get prosecuted. The final decision on death or life in prison is up to a judge, who set a Nov. 9 hearing date. Police said Lebron and 4 other Orlando men kidnapped Angel.Angel and her boyfriend, Nelson Portobanco, at gunpoint while the couple was taking an evening stroll on South Beach. Attack Survivor Testifies at Joel Lebron Trial The men gang-raped Angel and then Lebron executed her on the side of I-95 in Boca Raton with a gunshot to the head, prosecutors said. Lebron also stabbed Portobanco multiple times in an effort to kill him, but Portobanco survived. In court Thursday, a social worker in Puerto Rico testified for the defense, arguing Lebron lived in poverty and was picked on by his brothers. They used to fight each other and smack him and they were kind of physical and verbally abusive to him, Jose Lopez said. But 2 doctors who took the stand later showed brain scans of Lebron. They said a head injury he sustained when he was 4 years old had nothing to do with the April 2002 killing. This is a brain that's working at a high level of function, integrated, certainly no evidence of brain injury so far that I can tell, said neurologist Ray Lopez, who examined Lebron in jail last year. During the 1st day of the sentencing phase Wednesday, prosecutor Reid Rubin painted a heartrending portrait of Angel, who was a school leader, athlete, and beautiful. But sadly this is the lasting memory that they will have because of what the defendant did to her, Rubin said, showing jurors an evidence photo. Lebron's sister told the court about her brother's hardscrabble up bringing in Puerto Rico, and the car accident when he was 4 years old. Detective Testifies Again at Joel Lebron Trial Joel was never the same after that accident, said his attorney, Jeff Fink. The just-concluded trial was the 2nd for Lebron, after the 1st one ended in a mistrial earlier this month because a detective inadvertently testified that 1 of the other defendants had already been convicted. (source: Associated Press) ** Jury recommends death sentence for convicted murderer; Joel Lebron convicted of killing Ana Maria Angel in 2002 The jury recommended the death penalty for Joel Lebron, who was convicted last week in the 2002 kidnap, rape, and murder of Ana Maria Angel. Last week, the same jury found Lebron guilty of 1st-degree murder, attempted 1st-degree murder, kidnapping, armed robbery, sexual battery and sexual battery with a firearm. Jurors deliberated for about 2 hours on Friday. Jurors voted 9-3 for the death penalty. Closing arguments had started earlier in the day. There's nothing wrong with this man. This man knew what he was doing, said prosecutor Reid Rubin. He knew how he was doing it. He enjoyed it. He enjoyed it so much he had an orgasm. State law outlines aggravators that make the death penalty apply and prosecutors focused on 6 of them. There is what's called 'heinous, atrocious and cruel.' He did it because he thought she could identify him, said Rubin. Since Wednesday, the defense had been presenting mitigating factors to the jury, hoping they would consider any effects on Lebron from a childhood in a poor, crime-ridden neighborhood, and a childhood car crash. Nothing that the state attorney just told you compels you in any way, shape, or form to recommend the death penalty, said Rafael Rodriguez, Lebron's attorney. By your verdict, you have guaranteed that Joel Lebron will stay in prison for the rest of his life. According to investigators, Angel was 18-years-old in the spring of 2002 when she was out celebrating an anniversary with Nelson Portobanco, her boyfriend at the time, on South Beach when 5 people kidnapped them and forced them into their truck at gunpoint. As they rode north to Orlando where the defendants came from, Angel was
[Deathpenalty] death penalty news----FLA., CALIF., USA
Nov. 18 FLORIDA: Jurors should be unanimous in recommending death sentence Even the most ardent opponents of capital punishment were hard-pressed to feel much sympathy for Oba Chandler, one of Florida's most notorious murderers. On Tuesday, the state finally executed him, as a unanimous jury had recommended 17 years ago for his brutal 1989 killings of an Ohio woman and her two daughters. If Florida is going to continue to use the death penalty despite its cost and potential for killing people for crimes they did not commit, it should let no lesser standard apply. It's time for the state to join other death penalty states in requiring a unanimous recommendation from the jury before a death sentence. Florida's hand is already being forced on the issue. In June, a federal district judge in Miami ruled that Florida's unique failure to require unanimous agreement by juries in recommending the death penalty is unconstitutional. The state has appealed. But Florida lawmakers should have gotten the message long before this past summer that something was amiss. Florida has the dubious honor of leading the country in death row exonerations: 23 since the death penalty was reinstated in the 1970s. That raises the very real specter that Florida has executed individuals who were not guilty of capital crimes. Such findings have prompted right-minded lawmakers to at least entertain the notion that the system could be improved. A trio of bills filed this year by Sens. Oscar Braynon, D-Miami Gardens, and Thad Altman, R-Melbourne, and state Rep. John Patrick Julien, D-North Miami Beach, would each require a judge only impose a sentence of death after unanimous agreement by jurors. That would provide greater clarity and accountability to Florida's criminal justice system. The proposal would also reduce lengthy and costly appeals by inmates challenging their death sentences due to a less-than-unanimous jury recommendation. Chandler was sentenced to death in 1994 by Pinellas-Pasco Circuit Judge Susan Schaeffer following a unanimous recommendation by the jury. His heinous murders of Joan Rogers and daughters Michelle and Christe still shock Tampa Bay. But Chandler notwithstanding, Florida needs to have a broader conversation on the overall efficacy of capital punishment. Until then, the Florida Legislature should embrace the notion of unanimous jury recommendation as a small but long-overdue step to provide a bit more fairness in administrating the ultimate sentence. (source: Editorial, St. Petersburg Times) CALIFORNIAnew death sentence Man convicted in wife's contract killing is sentenced to deathJames Fayed, found guilty of hiring men to kill his estranged wife in a Century City parking garage in 2008, gets the death penalty, with the judge calling him one cold, calculating human being. As hired killers slit Pamela Fayed's throat in a Century City parking garage, her bloodcurdling screams echoed throughout the structure. Bystanders turned their heads in the direction of the horrific attack, footage from security cameras shows. The only person within earshot who didn't react was the victim's estranged husband who was sitting on a nearby bench texting on his cellphone, like he doesn't have a care in the world, Los Angeles County Superior Court Judge Kathleen Kennedy said Thursday, moments before sentencing James Fayed to death for the contract killing. Earlier this year, a jury found Fayed, 48, guilty of hiring three men to kill his wife during a bitter divorce. The millionaire businessman wanted to avoid sharing the profits from their international precious metals trading company, prosecutors said, and to prevent her from cooperating with a federal investigation of alleged financial wrongdoing at the firm, Goldfinger Inc. This is one cold, calculating human being, Kennedy said. Shortly after the July 28, 2008, slaying, investigators arrested Fayed on fraud charges. Then a jailhouse informant secretly recorded him discussing his hatred for his late wife and the possibility of hiring a Mafia hit man to execute the men he had hired to kill her. Fayed can be heard on the audiotape explaining the need to clean up the … mess because he didn't want to wind up in the death chamber himself. He also complained about the killers' incompetence, noting that they had missed repeated opportunities he had arranged for them to do the job in remote places with no cameras — including at a Fourth of July party in Malibu. Instead, they attacked in a well-lighted public parking garage, and had been caught on camera fleeing the scene in a car rented by the couple's firm. In addition to the death penalty for 1st-degree murder, Kennedy sentenced Fayed to 25 years to life for the related charge of conspiracy to commit murder. I have never, in all my years, had a case like this, Kennedy said, accusing Fayed of arranging anonymous emails, phone
[Deathpenalty] death penalty news----FLA., CALIF.
Oct. 12 FLORIDA: State to seek death penalty in DeBary Burger King The State Attorney's Office will seek the death penalty against a man accused of shooting and killing his ex-girlfriend last month at the DeBary Burger King where she worked. The state formally filed paperwork indicating its intent to make its case against defendant Jesus Morales, 41, of Deltona, according to a news release emailed to the News-Journal by public information officer Klare Ly. Morales faces charges of 1st-degree murder and burglary while armed in connection with the death of Heidi Shelmire. Shelmire, 38, of Deltona, had broken up with Morales, who served 4 months in jail for aggravated stalking after violating an April injunction Shelmire had obtained against him. (source: Daytona Beach News-Journal) Oba Chandler may not want to block execution for Tampa Bay murders A lawyer for a condemned inmate says his client may not want to come back to the Tampa Bay area for a court hearing that could block his execution. Oba Chandler's attorney told a judge in Largo Wednesday the 65-year-old inmate may not even consent to having a motion filed that could delay or stop his scheduled Nov. 15 execution. The St. Petersburg Times reports that his attorney, Baya Harrison III, said Chandler is sick and doesn't like the ride from the prison in north Florida. Harrison said that by Monday he plans to file motions challenging the constitutionality of the death penalty, if he gets Chandler's consent. Chandler was found guilty in the grisly 1989 murders of Joan Rogers and her teenage daughters, Michelle and Christe, of Ohio. (source: Associated Press) CALIFORNIA: Death Penalty Hearing Starts for Robber who Killed Capistrano Man A San Diego man faces a penalty phase jury trial Thursday to determine if he should receive the death penalty after being convicted of shooting and murdering a San Juan Capistrano man while robbing a Home Depot in Tustin. Jason Russell Richardson, 40, Oceanside, was found guilty by a jury April 28, 2010, of one felony count of special circumstances murder during the commission of robbery and burglary, and the sentencing enhancements for the personal discharge of a firearm causing death were found true. The District Attorney is seeking the death penalty in this case. 2 previous juries were unable to reach a verdict regarding death on May 20, 2010, and April 15, 2011. Opening statements in the re-trial of the penalty phase are expected to begin tomorrow, Thursday, October at 9 a.m. in Department C-40, Central Justice Center, Santa Ana. On the morning of Feb. 9, 2007, Richardson left his Oceanside home wearing a full-body painter's suit, sunglasses, dust mask, and gloves. About 10 a.m., Richardson entered a Home Depot store in Tustin carrying a black bag with the intention of stealing money from the store. He wore a disguise to avoid being recognized while trying to blend in with customers in the store. The defendant approached store employees and asked for the manager. Richardson approached store manager Thomas Egan, pulled out a gun, and demanded all the cash kept in the store's safe. After Egan informed Richardson he did not have access to the safe, the defendant headed toward the store's front cash registers. Egan instructed nearby employees to call 911 and then followed Richardson to the front of the store. The defendant attempted to rob an employee at gunpoint and ignored Egan, who was trying to discourage him from harming or robbing anyone. Richardson then turned shot Egan in the stomach. The defendant stepped over the victim's body with his firearm pointed at another employee. He continued his robbery, stealing about $500 before fleeing. The victim was taken to Western Medical Center, where he underwent emergency surgery. He was pronounced dead approximately two hours later from massive internal bleeding caused by the gunshot wound. Egan, a retired U.S. Marine Sergeant, was a married father of young twin girls. Richardson was linked to the murder through DNA evidence he left at the scene, including on a sock containing bullets that he dropped. The defendant had previously submitted a DNA sample to the court on another case. On Feb. 22, 2007, Richardson was arrested by police outside an Oceanside Parole Office. The Tustin Police Department investigated this case. Senior Deputy District Attorney Cameron Talley of the Homicide Unit is prosecuting this case. (source: The Capistrano Dispatch) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/ ~~~ A free service of WashLaw http://washlaw.edu (785)670.1088 ~~~
[Deathpenalty] death penalty news---FLA., CALIF., VA., TENN., ALA.
May 6 FLORIDA: ACLU to host death penalty presentation Florida leads the nation in death row exonerations 26 since 1973. But with the rapidly growing prison population approaching 93,000, the 3rd highest in the country, members of the Innocence Project of Florida believe their mission is just beginning. The American Civil Liberties Union of Florida will present Seth Miller, Executive Director of the Innocence Project of Florida to discuss the organizations current activities in Florida on May 9 at noon at the Emerald Coast Conference Center on Okaloosa Island. Miller oversees the investigation and litigation of DNA testing requests in the Florida courts and advocates for release of inmates who have proven their innocence through the use of DNA testing. Additionally, the Innocence Project provides comprehensive transition assistance to exonerees and lobbies the Florida legislature for exoneree compensation and necessary criminal justice reforms. Before coming to the Innocence Project, Miller was a project attorney for the Death Penalty Moratorium Implementation Project at the American Bar Association and a staff attorney at the Florida First District Court of Appeal. (source: Northwest Florida Daily News) CALIFORNIA: Jury Reaches Verdict in Penalty Phase of Cop Killer's Trial The jury deciding the fate of convicted killer Brendt Volarvich has reached a decision on whether Volarvich should be put to death for the murder of CHP Officer Andy Stevens. The verdict was reached earlier in the afternoon but will be read at 3:45 p.m. to give the various parties time to go to the courthouse in Woodland. The jury began deliberating late Monday afternoon. On April 3, the same eight-man, four-woman jury convicted Volarvich of first-degree murder with special circumstances in the killing of Stevens during a traffic stop west of Woodland on November 17, 2005. He and a co-defendant, Greg Zeilesch, were also convicted of conspiracy to commit murder in a plot to kill another man, Doug Shamberger, who was a romantic rival of Zeilesch. Zeilesch gave a .357 revolver to Volarvich for the hired hit, the weapon used in Stevens' killing. Volarvich was eligible for the death penalty because the jury found true the special circumstances of lying in wait, firing a gun from a vehicle and killing a peace officer. Yolo County District Attorney Jeff Riesig argued Volarvich deserved the death penalty because he had chosen the evil path and when he executed Andy Stevens, he did so with a deep hatred for democracy, a hatred for government, a hatred for cops. Volarvich's attorney never argued his client was innocent but said Volarvich had had a troubled upbringing and that his decisions were clouded by drug use. (source: KXTV News) VIRGINIAdeath row inmate inmate seeks to drop all appeals D.C.-area sniper asks in letter for end to death-row appeal Convicted sniper John Allen Muhammad asks prosecutors in a letter for help to put an end to his legal appeals from death row. Muhammad says in the letter released Tuesday that he is waiving all rights to appeal his 2003 conviction and death sentence for the sniper killings in 2002 that terrorized the Washington, D.C., region. Muhammad says he has tried without success to stop efforts by his defense lawyers, and that he is counting on the state attorney general to assist him. Muhammad's appellate lawyer, Jonathan Sheldon, declined comment. Muhammad's lawyers in a federal court appeal cite evidence of brain damage that may render Muhammad incompetent to make legal decisions on his own behalf. (source: Associated Press) TENNESSEE: AG: Tenn. won't appeal release of death row inmate House The Tennessee attorney general's office says it won't fight an appeals court decision that clears the way to release death row inmate Paul House, who has been imprisoned nearly 22 years. The 6th U.S. Circuit Court of Appeals on Monday affirmed a ruling by federal Judge Harry S. Mattice Jr., who in December ordered House's release unless prosecutors began a new trial against him within 180 days. Attorney general spokeswoman Sharon Curtis-Flair said Tuesday that the state will not pursue any further appeals. The U.S. Supreme Court ruled in 2006 that House's jury didn't hear testimony that could have exonerated him in the 1985 slaying of Carolyn Muncey in Union County. DNA evidence also led the Supreme Court to question the conviction. A hearing scheduled for May 28 will set the conditions of House's release. House has multiple sclerosis and must use a wheelchair. (source: Associated Press) ALABAMA: Talladega County man gets death sentence for capital murders A Talladega County man who was convicted of capital murder has been sentenced to death. Circuit Judge Bo Hollingsworth sentenced Wakilii Brown, 32, to die by lethal injection for the murders of his girlfriend, Cherae Jemison, 26, and her mother, Dotty Jemison, 49. Brown has continued to maintain
[Deathpenalty] death penalty news-----FLA., CALIF., MD., TENN.
May 26 FLORIDA: Court backs man's death sentence The state's highest court has denied a local man's effort to have his death sentence tossed on the grounds that he is mentally retarded. The inmate, Melvin Trotter, 45, who fatally stabbed a 70-year-old woman during a robbery of a convenience store, remains on death row. None of the mental health experts who tested Trotter as an adult found that he met the legal criteria of mental retardation, the Florida Supreme Court said Thursday in a 17-page opinion. Early diagnostic tests taken when Trotter was a teenager in Manatee County schools revealed mental retardation, according to his attorney, Peter J. Cannon. Trotter has a history of learning difficulties. But his disabilities, according to state prosecutors, stem in part because Trotter started school at age 9 and grew up in poverty. (source: The Herald Tribune) CALIFORNIA: Death Penalty, $250 Million Tax Burden The California death penalty has a temporary moratorium since the postpone execution of Michael Morales in February of this year; however, a side of capital punishment most Californians remain completely oblivious to is the tremendous cost to taxpayers. California taxpayers will spend an average of $200 to over $275 million for each prisoner on death row; and most of that cost is related to the high cost of capital trials, housing the death row inmate, the high cost for defense counsel and the tens of millions required to appeal convictions. In a Los Angeles Times article it was estimated that Californians paid an average of a quarter of a billion dollars for each of the 11 executed after 1977. Presently there are over 650 inmates on Californians death row. Recently, Stewart Alexander, the Peace and Freedom Party candidate for Lieutenant Governor, conducted a random survey of 150 adults in Riverside and San Diego County, to determine the awareness of the public regarding an average cost to taxpayers for inmates on death row; the cost for trials, housing, appeals, prosecutors and defense counsel. I was extremely surprised how unaware most people are regarding how their tax dollars are spent. Of the 150 individuals surveyed, 127 believed the cost could range between $100 thousand to 5 million dollars. None of the participants surveyed thought the cost exceeded $10 million. 7 individuals chose not to participate. Alexander believes the issues concerning capital punishment are much deeper than the cost to the State. Alexander says, Killing prisoners is big business in California and America. Inmates on death row are the poor and minorities, and for them Lady Justice is not blind. The Peace and Freedom Party, and all the 2006 PFP candidates running for public office, are strong opponents to capital punishment and support reforming our prison and criminal justice system. Alexander says, Angelides, Westly and Schwarzenegger support the death penalty because that support is a popular vote-getter, however it is cloaked under the veil of justice. I reality these 3 politicians are aware that capital punishment is robbing the public of billions of dollars to subsidize a broken down criminal justice system. Capital punishment has not had an impact on reducing violent crimes in California or America which may suggest that prison reform and reforming the criminal justice system may be a better approach to reduce crime in America. For more information, search the Web for Stewart A. Alexander for Lieutenant Governor. (source: The California Chronicle - Mr. Stewart A. Alexander is a Candidate for Lieutenant Governor for the State of California for the upcoming 2006 Election. He is registered with the Peace and Freedom Party with over 80,000 registrants statewide and has received his partys endorsement. Mr. Alexander is also the Executive Director of the African American Civil Liberties Union or A.A.C.L.U.. He is a member of the Peace and Freedom Party Riverside Central Committee, a former political state lobbyist in the Florida State Capitol, a political activist in the State of California, former political talk show host on KTYM Radio in Inglewood, former Vice President of the NAACP Inglewood-South Bay Branch, and former candidate for Mayor of Los Angeles in 1989) * Scott Peterson, Juror Are Pen-Pals A juror who sent Scott Peterson to death row says she's been corresponding for nearly a year with the former fertilizer salesman convicted in the murder of his pregnant wife. Richelle Nice told People magazine that she and Peterson have exchanged about 2 dozen letters since August. Nice said she wrote the 1st letter as an exercise suggested by her therapist but didn't intend to mail it. She said she wanted to tell Peterson how the 7-month trial turned her life upside down. She also wanted to know why he killed his wife, Laci. Then she decided to mail it. About a month later, she got a response. I started shaking and crying and hyperventilating, the 36-year-old told
[Deathpenalty] death penalty news----FLA., CALIF., N.C., USA
April 20 FLORIDA: Killer avoids death penalty, gets life termMichael Locascio was sentenced to 3 consecutive life terms in prison, plus 30 years, for killing his sister-in-law. The judge called it a text-book case for the death penalty. But the jurors recommended Michael Locascio's life be spared and Circuit Judge Stanford Blake was bound by their ruling. Someday we all meet our maker, Blake told Locascio on Wednesday night, after sentencing him to 3 consecutive life terms plus 30 years in prison for the murder of his sister-in-law. Life in prison may be easier for you. Locascio, 46, was convicted last month of beating and stabbing his sister-in-law, Maggie Locascio, to death in 2001 in her posh Coral Gables home. The victim's son, Eddie Locascio, read a statement from the family urging Blake to override the jury's verdict and impose the death penalty. We cannot bear to believe that he sits smugly in prison, believing that he has won in some way, while Maggie, a mother, daughter, sister and aunt, lies rotting in a box, Eddie Locascio told the judge. Blake told Eddie Locascio, 23, that he sympathized with the family but explained that the U.S. Supreme Court has reversed cases in which judges have overridden the jury's verdict recommending life. One thing I'm sure of is your mom is looking down and is very, very proud of you, Blake said. I feel the pain of your family. I really do. He offered the only consolation left -- The only way he will leave prison is in a pine box. FINAL ARGUMENTS During the final arguments, after three long days of testimony in the penalty phase of the trial, prosecutor Gail Levine vividly reenacted the murder for the jury, using a broken mannequin to show how Locascio beat his sister-in-law with a baton, stabbed her with a knife, stomped on her chest and bashed her head against a wall. The mannequin's hands were grotesquely twisted to show the broken bones Maggie Locascio suffered trying to defend herself. Eddie Locascio quietly sobbed in the audience, his face buried in his hands, during Levine's closing arguments. How much pain did Maggie endure? Levine asked. She urged the jury to vote for death, calling the murder cruel and calculated. She also argued that Locascio deserved the death penalty because Locascio committed it for money. The state's theory was that Maggie's husband, Ed Locascio, was going to pay his unemployed brother to get rid of his wife so he wouldn't have to split his money with her when they divorced. Ed Locascio is also facing murder charges in connection with his wife's death. Michael Locascio's attorneys offered a different theory -- that Michael Locascio suffered from a personality disorder that was aggravated by a brain injury. They presented witnesses who said he was depressed and irrational, sometimes even paranoid. 'HE HAS VALUE' [Michael Locascio] was under extreme stress and he had a mental disorder. He went crazy and did a horrible thing which he will pay for for the rest of his life, attorney Charles White told the jurors. But he has value. . . . That's a reason to save a man's life. And finally, the defense appealed to the jurors' sympathy, pointing out that Locascio has a 15-year-old son who still loves him, no matter what he did. His son needs him, White said. Eddie Locascio said he was disappointed with the outcome, but he was already steeling himself for his father's trial. There is one more murderer to go in this case, he said. Justice will be done for my mother. (source: Miami Herald) CALIFORNIA: Nut Cases jury rejects death for convicted killer Panel recommends life prison term for 4 gang murders An Oakland gang member convicted of four murders and a host of other crimes will spend the rest of his life in prison, a jury decided Tuesday. Demarcus Ralls, 21, a member of the Nut Cases gang, was convicted March 22 of three counts of first-degree murder and one count of 2nd-degree murder. Jurors also found him guilty of two counts of attempted murder and more than a dozen counts of robbery and attempted robbery. The same jury opted Tuesday to sentence Ralls to life in prison without the possibility of parole. Prosecutors had sought death. Ralls did not react as the verdict was read in an Oakland courtroom, but his attorney Deborah Levy put her arm around him. Ralls remained emotionless until Levy nudged him and looked into his eyes with a smile. He smiled back. I'm so ecstatic, she said afterward, adding that she and Ralls' family feared the jury would sentence him to death. Despite the despicable nature of these crimes, this young guy deserves a break. Clearly there was enough for the jury to have voted death. Levy said of Ralls, He's not happy about the fact that he is facing life in prison, but it is better than the alternative. Prosecutor Darryl Stallworth said he was comfortable with the jury's decision. He said he spoke with jurors Tuesday, and they said their decision not to
[Deathpenalty] death penalty news----FLA., CALIF., VA., WASH.
March 31 FLORIDA: Ray Facing Death Penalty Quinton Ray is facing the possibility of the death penalty for allegedly murdering his estranged wife, Sue Ann. The 2 were embroiled in a custody battle over their 6-year-old daughter. Ray's father is also charged with helping to bury Sue Anns body in a wooded area. Family members were there to support them as Danny Ray and his son Quinton appeared in court on Friday morning. Both face charges in connection with the murder of Quinton Ray's estranged wife Sue Ann, who disappeared last August. Her body was found in a shallow grave in northern Cherokee County in February. Sue Ann's father, Danny Jenkins, clutched her photo as district attorney Joe Hendricks announced he'd seek the death penalty. It was hard seeing Quinton, said Jenkins. He used to be like a son to me. I don't know why he had to kill her. Why anybody should kill anybody? But Jenkins also said hed like to see Quinton Ray put to death. Without a doubt, that should happen, because he brutally murdered her, said Jenkins. Quintons arraignment was postponed, but his father pleaded not guilty to concealing a death. Prosecutors say his son bury the body. Quinton Ray's next court appearance is set for April 12. He is expected to have a new attorney, appointed by the states Capitol Defender Program. Authorities have not yet released a cause of death for Sue Ann Ray. Her father says he expects there will be more arrests in the case. (source: First Coast News) CALIFORNIA: Condemned Killers Challenge to Californias Lethal Injection Method Continues Attorney's for condemned inmate Michael Morales still have doubts about Californias method of administering lethal injections, even after accompanying a federal judge on a tour of the execution chamber at San Quentin State Prison. The scheduled execution of Michael Morales on Feb. 21 was postponed when attorneys filed a suit challenging the constitutionality of Californias lethal injection procedure. Defense counsel John Grele argues that the three drugs administered cause the condemned person tremendous pain, and therefore are cruel and unusual punishment. Officials with the Dept. of Corrections say they have complied with a court order to minimize chances of an agonizing execution, by administering a continuous sedative drip that renders the inmate unconscious. Grele said the lawsuit would disappear if executions were carried out in what he calls a more humane way. They didn't want to do it in a way that would ensure adequate sedation for Mr. Morales, Grele told KCBS reporter George Harris on Thursday, after a hearing inside the walls of the prison. That's, I think, what we're going to end up really fighting about in this case. Morales was sentenced to death for the 1981 rape and murder of a 17 year old girl. During the hearing on Thursday, U.S. District Judge Jeremy Fogel inspected the execution chamber and the equipment, while a member of the prisons execution team answered questions about the protocols the team follows in carrying out sentences. Reporters for the Sacramento Bee and the San Jose Mercury News were present during the hearing, after Judge Fogel ruled against a motion by the Attorney Generals office that members of the news media be excluded from the hearing to protect the identity of the executioner. Fogel said the media had a compelling reason to observe the court proceedings, but compelled the reporters to sign a protective court order that they would not disclose the name of the execution team member. (source: KCBS News) VIRGINIA: 3rd Day Of Moussaoui Deliberations End With No Death Penalty Decision Day 3 ends with no decision in the sentencing trial of Zacarias Moussaoui. According to AP reports, the federal jury in Alexandria is considering whether the al-Qaida conspirator is eligible for the death penalty. The judge told the jury on Thursday that a plane used as a missile can be considered a weapon of mass destruction, the distinction is important because it can justify the use of a death penalty sentence. Deliberations will resume on Monday. (source: All Headline News) WASHINGTON (state): After close ruling, is court edging away from death penalty? Death penalty critics sense a growing shift away from capital punishment in Washington state after nearly half of the state Supreme Court signed a blistering opinion that attacked the system's basic fairness. The case also brought renewed attention to a fundamental question about the system after Green River Killer Gary Ridgway's life sentence in a plea deal with King County: how can anyone be put to death if not the state's most prolific killer? I think this is the court starting to take a look at this and saying it's crazy, said Tim Ford, an experienced capital defense attorney. And I don't see the majority saying it's great - I think I see the majority saying, 'We can't stop it.' Prosecutors, however, were heartened by the court's
[Deathpenalty]death penalty news----FLA., CALIF.
Oct. 24 FLORIDA: 'Florida's system is arbitrary and capricious' The state of Florida's current capital-punishment system is seriously flawed and unconstitutional. When I was U.S. attorney, my most difficult decision was to recommend that my office seek the death penalty. Fortunately, I had an excellent committee of experienced assistant U.S. attorneys advising me, and my recommendations were reviewed by another Department of Justice committee and by the attorney general, who ultimately decides whether the federal government will seek death. Nevertheless, my recommendations were very hard because they carried the awesome realization that the process could lead to someone's execution. Wisely, the tremendous burden of imposing the death penalty in federal criminal cases is distributed among a number of participants, providing crucial protection against the improper imposition of death. The most important protection is that a jury of 12 members must unanimously decide the existence of specific aggravating factors that warrant death, and the jurors also must unanimously recommend a death sentence. Moreover, each juror must certify that his or her sentencing recommendation was made without consideration of the race, color, religious beliefs, national origin or sex of the defendant or any victim. It's important to note that the term aggravating circumstances or aggravating factors is not mere legal jargon; this is the dividing line between life and death. Aggravating circumstances must be found for death to be imposed. Last week, Florida Supreme Court Justice Raoul Cantero of Miami, in Florida vs. Steele, astutely observed that in state criminal cases, every state except Florida requires a unanimous jury vote as to either the existence of aggravating factors or the recommendation of death. Florida is the only state where a mere majority can find that aggravating factors exist and a mere majority can recommend death. So the Florida Supreme Court asked the Legislature to decide whether it wants Florida to remain the outlier state. Florida's system, however, is even worse than Justice Cantero suggested. Not only does Florida allow death based on a mere majority vote, but also, unanimity aside, Florida does not even require the majority to be consistent on any particular aggravating circumstance warranting death. For example, as the Steele case recognized, death could be imposed if four of the 12 jurors find one aggravating factor (such as avoiding arrest), and three others find another factor (such as motive of pecuniary gain) resulting in a majority finding of one unspecified aggravating circumstance -- even though the jury could not muster a majority vote in favor of any particular factor. This system is ill-advised, as common sense and fairness dictate that this is no way to go about imposing the death penalty. More important, Florida's scheme is unconstitutional. The U.S. Supreme Court under the Eighth Amendment has struck down death-penalty sentencing schemes that do not sufficiently minimize the risk of arbitrary and capricious action; and its cases have clearly demonstrated a trend toward requiring that juries, not judges, find the facts necessary to impose a particular punishment in accordance with the Sixth Amendment guarantee of a trial by jury. Thus, it should come as no surprise that, as Justice Cantero observed, out of the 38 states that permit the death penalty, 35 require a unanimous jury finding of aggravating factors and two of the other three (not Florida, of course) require a unanimous recommendation of death. Florida's system is arbitrary and capricious, as it allows death based on a jury's mish-mash combination of minority votes on aggravating factors, an unreliable system that does not require even a majority finding as to any particular factor. Aggravating factors are crucial and important factual determinations that should be clearly rather than obscurely decided by juries. Those factual determinations should be unanimous. As common-law scholar Blackstone expressed in 1769, the truth of every accusation against a defendant should afterwards be confirmed by the unanimous suffrage of 12 of his equals and neighbors. The U.S. Supreme Court has consistently adopted and followed this bedrock principle of common law now enshrined in our Sixth Amendment. Many other states have recognized that jury unanimity is an important safeguard against arbitrary and capricious determinations prohibited by the Eighth Amendment. Florida would be wise to follow those states that, like the federal system, require unanimous jury determinations and death recommendations. (source: Marcos Jimenez was U.S. attorney for the Southern District of Florida from August 2002 to June 2005; Miami Herald) CALIFORNIA: Newark man may face death if convictedProsecutor says legal team will discuss 'appropriate penalty' in cop-slaying case In Oakland, the Alameda County district attorney will
[Deathpenalty]death penalty news----FLA., CALIF., OHIO, USA, MD.
August 8 FLORIDA: A QUESTION OF JUSTICE20 years after a man's execution, doubts over his guilt haunt case; Some legal experts say that since the death penalty's return in the 1970s, at least 38 executions have occurred despite indications of innocence or strong doubt of guilt. James Adams' is one such case. Edgar Brown, the deceased, and James Adams, the executed, were raised in distant worlds until their lives collided in Case No. 73-284 in St. Lucie County Circuit Court. Adams, the black, illiterate son of a Tennessee sharecropper, was executed for killing Brown, a wealthy, white rancher beaten to death with a fireplace poker on a crisp fall morning in 1973. Yet, 20 years after 2,000 volts of electricity took Adams' life, questions about his guilt still linger, long after the deaths of many witnesses from old age and assorted maladies, and years after crucial evidence was destroyed or lost. From the start, his case was clouded with accusations of flawed evidence- gathering and racial inequity. At trial, he was represented by a rookie assistant public defender busy juggling other cases while assigned to a major murder case. At the Brown family's request, in contrast, the state was aided by special prosecutor Raymond Ford, then among Florida's top lawyers. There were no fingerprints taken from key items stolen from the victim's home, no eyewitnesses to the killing and no questions asked at trial about certain conflicting facts. Hair believed by appeal lawyers to belong to the killer was tested after the murder. It came from a black person. It wasn't from Adams. Justice came swiftly. Adams was tried, convicted and sentenced to death a mere 4 months after the murder inside the rancher's family estate. At best, a Herald examination found, State vs. Adams was built on circumstantial evidence. Today, it would likely take much more to secure a murder conviction and carry out an execution in such a case. But DNA evidence, the foremost forensic arbiter in today's justice system, was not in play when Adams' fate was sealed. For every piece of circumstantial evidence pointing to Adams' guilt, countering circumstantial evidence argued for his innocence. 'He said, 'I didn't do this, but I'm going to die for this,' Adams' widow, Daisy Mae Carswell, said recently from her modest Fort Pierce house, the same house she lived in 31 years ago. It's something I really believed in my heart. The prosecution, to this day, is sure it got the killer. I felt like the evidence, although circumstantial, was very strong, said case prosecutor R.N. Koblegard III, now in private practice in Fort Pierce. THE MAIN CHARACTERS A LEADING TOWN FIGURE AND A LOWLY LABORER Edgar Rollins Brown, cowboy hat atop his head, cigar in mouth, was a sturdy fixture in this aged Treasure Coast community. In the late 1940s and early 1950s, he was chief sheriff's deputy while his brother, the late B.A. Brown, ruled as county sheriff, according to archives of The Fort Pierce News Tribune. A lifelong resident active in both church and lodge, Brown was known to carry $1,000 to $1,500 in his left trouser pocket. He became a well-known rancher, horse breeder and president of the St. Lucie County Cattlemen's Association. Few here knew James Adams. He was born in Covington, Tenn., in 1936, and his father was an uneducated farmer who was felled by a heart attack in 1951 at age 48. Adams' housewife mother bore 10 children, according to a family history compiled by Florida's Department of Corrections. The family was poor. Adams did not know what a restaurant was until he was 20 years of age, the DOC report says. Like his father, his education came at the farm, not the schoolhouse. He began picking cotton at age 5. When his father died, Adams became head of the household. Soon, he ran into trouble with the law and got locked up. He fled Tennessee, landed in Fort Pierce, married and took work as a pipe layer. Months after Adams' arrival, Brown died his brutal death. THE ATTACK TAKES PLACE SUSPECT PASSES LINEUP, IS IMPLICATED OTHERWISE On the day of the murder, Nov. 12, 1973, on the poor side of town, Adams joined others in a card game at the squat apartment of a pregnant 15-year- old named Vivian Nickerson. He skipped his $2.50-an-hour construction job that day. About 10:30 that morning, 12.2 miles away, Edgar Brown returned home to get a jacket. A brown Rambler was parked in the driveway. When he went inside, an intruder was ransacking the house. The robber grabbed a large fireplace poker and beat Brown as he desperately tried to fend off blows. Foy Hortman, owner of a fertilizer company working at the estate that day, was close to the house at the time of struggle. A month before trial, Hortman was asked to describe the voice he heard coming from inside. Well, it sounded kind of strained, more like a woman's voice, he testified, according to a deposition. It didn't sound like Mr. Brown. Hortman saw someone about 30 to 35 years old
[Deathpenalty]death penalty news----FLA., CALIF., N.C., OHIO
Nov. 6 FLORIDA: State justices reject man's death sentence The state Supreme Court reversed the death sentence of a man in the slaying of his cellmate because the trial judge refused to excuse a former death row guard from the jury. The death sentence a prison inmate received for murdering his cellmate has been overturned by the Florida Supreme Court, which said the trial judge improperly refused to excuse a former Death Row prison guard from the jury. Elton Ard was strangled in his cell at Columbia Correctional Institution in Lake City in July 2000. Andrew Busby and another inmate were locked in the cell with Ard, who was serving a life sentence. Busby, 26, was serving a life sentence for attempted murder. He and the other inmate confessed to killing Ard. In Thursday's 4-3 ruling, Florida's high court said Busby's murder conviction and death sentence had to be vacated because the judge refused to dismiss a potential juror who had worked as a death row guard. That someone works as a prison guard is not reason by itself to dismiss the person from a jury, but the answers given by the former guard to questions from Busby's attorney raised red flags about his ability to be impartial, the decision said. When a defense attorney's request to have the guard rejected ''for cause'' was denied, the lawyer was forced to use a ''peremptory challenge'' to reject the juror. Peremptory challenges, let attorneys excuse potential jurors without citing a reason, but they are limited in the number of such challenges. Busby's defense team ran out of peremptory challenges and had to accept another jury that it would have rejected had it not been forced to use a challenge on the former guard. (source: Associated Press) CALIFORNIAforeign national gets death sentence Jury recommends death sentence for robbery-killing In Rancho Cucamonga, a jury recommended the death sentence for a Honduran immigrant who shot an acquaintance to death during a home invasion robbery as her horrified children listened from the next room. Johnny Morales was convicted Sept. 24 of killing Elia Torres Lopez in her Bloomington home after following her and her 4 children home from a market in Fontana in 2001. It was a cold calculated crime by a cold calculated killer, said Deputy District Attorney David Mazurek. He is one of the baddest people I have ever come across. Prosecutors said Morales and others followed Lopez and her children home, then forced their way inside and herded her children into a back bedroom as they ransacked the house. They said Morales, 26, confessed to killing her after she recognized him and called out his name. The jury that convicted Morales recommended Friday that he be executed. He is scheduled to be sentenced Jan. 21 by Judge Ingrid Uhler who has the option of giving him death or life in prison without possibility of parole. Amid debate, prison moves ahead with plans for new death row Standing on the roof of California's death row, Warden Jill Brown looks down at a row of exercise yards and sees troubling possibilities. One old wall and a strip of grass stands between condemned men and the glittering expanse of the San Francisco Bay. It's a little bit scary, she says. Brown and state prison officials say the old-fashioned and crowded death row at San Quentin State Prison must be replaced, and soon. They are moving ahead with a planned $220 million complex that would be much more secure. But outside prison walls, opposition is mounting. I would think that a state that is in terrible fiscal condition like California would be very careful about every expenditure, says state Assemblyman Joe Nation, D-San Rafael. I'm hopeful that they will take another look at this. Nation, whose district includes San Quentin, agrees conditions at the prison are terrible. But he says officials haven't looked at alternatives carefully enough, pointing to a state auditor's report which found the Corrections Department failed to adequately examine long-term costs and benefits of building a replacement facility. Arguments from people living in surrounding Marin County - affluent and liberal - include opposition to capital punishment and complaints the new facility will be a brightly lit eyesore. But the main contention, says county Supervisor Steve Kinsey, is that spending millions to shore up a 152-year-old facility is a mistake, particularly when that facility is sitting on a prime slice of waterfront. You take a rotten site and you put a new facility on it, what you're doing is putting frosting on a rotten cake, Kinsey said at a recent public forum. In a telephone interview, Kinsey said he's not advocating that the prison be closed but he is adamantly against a new death row. It denies the entire region a remarkable piece of land, he said. Prison officials say they have been looking at the situation for a decade and don't see any other options. They estimate it would cost far
[Deathpenalty]death penalty news----FLA., CALIF., CONN., MO.
Dec. 28 FLORIDA: DEATH ROW INMATEGrant Zeigler an opportunity to prove his innocence Over the weekend, William Tommy Zeigler, a lifelong Christian who joined the Catholic Church earlier this year, spent his 29th Christmas on Florida's Death Row. Who can comprehend the grief of having one's wife and in-laws brutally murdered in the family store on Christmas Eve? Who can imagine the trauma of being rushed to the hospital with a near-fatal bullet wound through the abdomen on the very same Christmas Eve? Or the agony of spending the next 29 Christmases on Florida's death row, wrongfully convicted for those murders. That was Christmas for Zeigler, a white businessman widely thought to be on death row because he helped defend Andrew James, a black man, against a group of corrupt white residents trying to shut down his legitimate business. Zeigler arranged for a lawyer to defend James and appeared as his character witness. Judge Maurice Paul appeared as the character witness for Herbert G. Baker, the white man who brought the charges against James. James was successful in the case and kept his business. A few months later, on Christmas Eve, there was a multiple murder at the Zeigler family furniture store. Zeigler was charged with the murders. Paul was the trial judge who presided over Zeigler's fate. Paul overrode the jury's recommendation and sentenced Zeigler to death. Zeigler has maintained his innocence. Ironically, Edward Williams, the man who turned the principal murder weapon over to the police and had acquired the 3 other murder weapons involved in the crime, became the state's star witness. He claimed to be an innocent bystander. In the 1989 nationally syndicated television program on the case, A Matter of Life and Death, television journalist Ike Pappas noted: ``Zeigler was attempting to clean up corruption right in his hometown of Winter Garden, Florida. He was helpful in shutting down the old Edgewater Hotel, a center of prostitution and drug dealing. But he was also trying to gather information on other illegal activities such as gun running and, most importantly, loan sharking. The loan sharks made a fortune letting [black] migrant workers buy groceries on credit at an interest rate of 520 % per year. And Tommy Zeigler alleges that certain members of the Winter Garden police force were in on the action. Now DNA evidence offers Zeigler the hope of a very different future Christmas. DNA evidence has played a significant role in 14 of the 117 exonerations from U.S. death rows. Such evidence is vital, especially in Florida, which -- according to the Death Penalty Information Center in Washington, D.C. -- has had 21 people found innocent on its death row, more than any other state. Lawson Lamar, the state attorney in Zeigler's death-penalty case, fought for years to prevent DNA testing of the crime-scene blood. In August 2001, the court ordered the tests. The results, which were reported in June 2002, hopelessly devastate the state's theory of Zeigler's culpability. The results completely support Zeigler's innocence. On Dec. 20 and 21, Circuit Judge Reginald Whitehead heard the DNA evidence in Orlando. The lawyers for Zeigler asked Whitehead to grant Zeigler a new trial so that -- for the first time -- a jury could look at all the evidence of the case. The state attorneys argued against a new trial. The state seeks to execute Zeigler without any jury ever seeing the mountain of lately discovered evidence of Ziegler's innocence. Whitehead now must decide whether to grant a new trial for Zeigler. How can anyone resist a new trial in this case? There can be no doubt that if the information now available had been known in 1976, Zeigler would never have been prosecuted. One of the original jurors has even signed a sworn affidavit that she would have voted not guilty if the new evidence had been available at the trial. The purpose of DNA testing in this case was to establish whose blood was on the clothes of Charlie Mays and Zeigler to show who committed the murders. No jury has heard most of the evidence of Zeigler's innocence: the DNA test results; the buried original police report, which contradicts the state's case; the buried tape recording of the investigator from the state attorney's office trying to induce potential witnesses to change their testimony; the gunshot-residue tests, which establish that Williams had no residue in the pocket of the pants in which he claims to have carried the freshly discharged murder weapon; or even the testimony of the Roaches and the Nolans, all credible eyewitnesses, that contradicts the state's eyewitnesses, including Williams. No jury has wrestled with these questions: What was Oakland Chief of Police Robert Thompson doing in uniform outside his jurisdiction, sitting at a restaurant across the street from the killings while Zeigler was being shot? Why did Thompson write the original police report, allow it to be buried by the state
[Deathpenalty]death penalty news----FLA., CALIF.
Feb. 12 FLORIDA: Justice after Dedgecompensation system for state's mistakes Florida took more than 20 years to offer compensation to Freddie Lee Pitts and Wilbert Lee, who spent 12 years on death row after being wrongfully accused. Wilton Dedge, released last year after spending 22 years in prison for a rape he didn't commit, will not have to wait as long. The horror over the waste of Dedge's youth, and the incontrovertible evidence of injustice, struck a chord with the state's most powerful politicians. Acknowledging that money will never replace the lost years, they've vowed to give Dedge the means to create a new life. Better still, they're facing reality by acknowledging that more exonerations are likely to come as inmates make use of new scientific techniques to establish their innocence. Senate President Tom Lee said this week that he wants to create a uniform system for wrongfully convicted people to seek compensation -- without having to hire a lobbyist and go begging to the Legislature. Under Florida law, it would be illegal for the state to offer Dedge more than $100,000. Lee says that should be changed. Announcing the new intitiative, Lee talked about the need to treat every case equally and fairly. The final bill should recognize that those two goals are sometimes mutually exclusive. What's needed is a framework that sets a standard for compensation, but allows for an impartial review that can adjust restitution figures based on individual circumstances. Nor should the state look to be stingy with those who have been so drastically wronged. Dedge, whose story became the focus of a documentary shown at this year's Sundance Film Festival, has spoken eloquently about the changes years in prison wrought -- the fear of crowds, the constant urge to seek permission for the simplest acts. He'd never talked on a cell phone, never used a computer. Using a formula set by the state of Alabama, Florida could easily award Dedge $1 million or more. That sounds reasonable, considering what the state took from him. The Dedge case should also inspire lawmakers to look beyond the bottom line. Over the past few years, the Legislature wrote laws giving inmates access to DNA testing that might prove their innocence. It was a step in the right direction, but the laws didn't go far enough. Many inmates could lose their chance to appeal due to looming deadlines. For others, the one-shot nature of the appeals law denies them access to newer, better testing methods. Many also want to challenge scientific evidence used at their trials that has since been discredited. Artificial time limits shouldn't matter. If there's a good reason to suspect innocence, and a new test that could prove it, the state owes inmates a right to make their case. The Dedge case goes beyond the fate of one 43-year-old man. It speaks to a common fear that an innocent person can be arrested, convicted and imprisoned at the hands of an uncaring state. By passing strong laws to protect the innocent and comfort the wrongly convicted, state leaders advance justice for all. (source: Editorial, News-Journal) CALIFORNIA: Marin lobbies against plan for death rowCampaign hopes to get governor to stop project Marin leaders are launching a massive publicity blitz aimed at lobbying Gov. Arnold Schwarz-enegger to stop the proposed death row expansion project at San Quentin State Prison. Government, business and civic officials at a breakfast meeting in San Rafael yesterday pledged to rally their constituencies - as well as members of the public - in the campaign. Although some officials said their groups had not yet taken a position on the issue, others are planning county and city resolutions, a petition drive, an advertising campaign, and letters and phone calls to the governor. They said time is running out, because the state plans to begin construction this fall of the $220 million death row on 40 bayfront acres adjacent to the existing 153-year-old prison near Larkspur Landing. This is a historic decision, Marin Supervisor Steve Kinsey told about 80 people at the event, sponsored by area chambers of commerce and other groups. We have to fight this to the finish. Kinsey called the death row issue a 100-year decision because it would, if built, wipe out any chances for a regional transit hub or other community benefits at the site for the next century. He is proposing, instead, a short-term plan to transfer death row prisoners to other state prisons until their executions are set, and a long-term plan to phase in historical uses for the existing prison as it becomes too old to operate safely. We need you to work with your folks in the region, Assemblyman Joe Nation, D-San Rafael, told the crowd. We need you to help us convince the governor this is not a Marin County project, it's a regional project. State correctional officials said the new death row is crucial because security for staff and prisoners at the
[Deathpenalty]death penalty news-----FLA., CALIF., ARK., OKLA.
Feb. 24 FLORIDAnew death sentence Jury recommends death for convict in Dollar Store slayings In Deland, a jury recommended the death sentence Thursday for a manager-in-training at a Dollar General store who was convicted last week of killing two store cashiers in a botched effort to steal money to pay overdue bills. Roy Lee McDuffie, 42, was found guilty last week on 2 counts of 1st-degree murder, armed robbery and false imprisonment with a firearm for the 2002 stabbing and shooting deaths of Janice Schneider and Dawniell D.J. Beauregard. McDuffie was a manager-in-training at a Deltona Dollar General store when the women, both employees at the store, were killed. Raul Zambrano, assistant state attorney, told the jury that he believed the killings were heinous, cold blooded and calculated. But one of McDuffie's court-appointed defense lawyers, Robert Sanders, asked the jury to have mercy on McDuffie and to consider all of the contributions he has made to his friends and family over the years. A death sentence will not bring the victims back, Sanders said. Once imposed, a death sentence cannot be undone. Make a mistake, if there is one, on the side of mercy. Circuit Judge S. James Foxman will make the final decision about what sentence McDuffie will receive. But Foxman told jurors earlier this week he usually follows their recommendations. (source: Associated Press) *** Jury: Death for McDuffie The jury in the Roy Lee McDuffie double-murder case recommends the death penalty. The jury in the Roy Lee McDuffie double-murder case began deliberating the man's fate at about 9:35 this morning. One of McDuffie's court-appointed defense lawyers, Robert A. Sanders, asked the jury to have mercy on McDuffie and to consider all of the contributions he has made to his friends and family over the years. A death sentence will not bring the victims back, Sanders said. Once imposed, a death sentence cannot be undone. Make a mistake, if there is one, on the side of mercy. Ral Zambrano, the assistant state attorney prosecuting the case, reiterated to the jury that he believed the killings were heinous, cold blooded and calculated, and that they should recommend the death sentence. Circuit Judge S. James Foxman will make the final determination on what sentence McDuffie receives, though he has told the jury he rarely, if ever, departs from the jury's recommendation. McDuffie, 42, was convicted last week of 2 counts of 1st-degree murder and other charges in the Oct. 25, 2002, stabbing and shooting deaths of Schneider and Dawniell D.J. Beauregard. McDuffie was a manager-in-training at a Deltona Dollar General store when the women, both employees at the store, were killed. (source: Orlando Sentinel) CALIFORNIAnew death sentence Man To Be Sentenced For 1986 Murder Of Rickie BlakeJury Recommends Death For Williams A former Gary, Ind., man who kidnapped, raped and killed a 14-year-old Chula Vista girl in April 1986 is scheduled to be sentenced Thursday. MURDER OF RICKIE BLAKEDNA Connects Man To 1986 Murder Of Rickie Blake A jury on Nov. 8 recommended that George Williams be put to death for molesting and strangling Rickie Blake. Superior Court Judge David Danielsen is expected to go along with the jury verdict. He could, however, elect to sentence Williams to life in prison without the possibility of parole. Williams, 49, was convicted Sept. 28 of 1st-degree murder, rape, kidnapping and special circumstance allegations that the girl's murder occurred during a rape and kidnapping. Prosecutor Jeff Dusek told jurors that Williams -- a registered sex offender -- took Blake from her home, raped her then dumped her body along a freeway offramp. Defense attorney Steve Wadler urged the jury to spare Williams' life, saying his client would die in prison no matter what the sentence. Wadler said Williams committed all of his crimes while intoxicated, but Dusek said alcohol was not a factor in Blake's murder. Williams was implicated years after the murder through DNA evidence. In January 2003, the state Department of Justice informed police that Williams' DNA was matched to sperm found on the teenager's body. The investigation put the defendant in San Diego at the time of the murder and police located him living in Indiana, Dusek told the jury. (source: 10News) ARKANSAS: High Court Rejects Another Damien Echols' Petition The Arkansas Supreme Court today again rejected a plea from a man sent to death row for the slayings of three 8-year-old West Memphis boys. The high court urged lawyers to wrap up genetic testing that justices first authorized in 2002. The court had rejected a Damien Echols appeal last month, but Echols asked the court for a rehearing. Echols said he wanted to reopen claims that his trial lawyers were ineffective, but the justices noted that they previously told Echols he could not bring new ineffective-assistance claims. Echols' most
[Deathpenalty]death penalty news----FLA., CALIF., MISS., ARK.
March 10 FLORIDA: Prosecutors planning to seek death penalty Prosecutors have filed court papers saying they will seek the death penalty for the man accused of killing a Lake County deputy sheriff and wounding 2 others. State Attorney Brad King filed a notice March 2 in Lake County Circuit Court stating that he intends to pursue the death sentence if Jason Wheeler is convicted of 1st-degree murder of a law-enforcement officer, for which the maximum penalty is death. Wheeler, 29, is accused of killing Deputy Wayne Koester and wounding Deputies Bill Crotty and Tom McKane in a Feb. 9 ambush at his home near Paisley. Deputies captured Wheeler later that day. Wheeler, who was wounded and is paralyzed from the waist down, is under 24-hour police guard at a rehabilitation facility in Leesburg. Wheeler also is charged with 2 counts of attempted murder of an officer and 2 counts of aggravated battery with a firearm of an officer. Those charges carry a maximum penalty of life in prison. (source: Orlando Sentinel) State: McCord picked murder over a divorce The state outlined its case against Max McCord during opening arguments on Wednesday. The Weston father is accused of murdering his schoolteacher wife. Inside a tense Broward courtroom Thursday, 2 contradictory portraits emerged of Weston father and accused murderer Max McCord. As Assistant State Attorney Brian Cavanagh sees it, the 39-year-old was a sex addict and a desperate spendthrift who killed his wife, Marie Noguera, to cash in on her $350,000 life insurance policy and end a loveless marriage. But defense attorney Jeanne Baker suggested McCord, while stretched financially, was far from a desperate man. She suggested shoddy police work and a rush to judgment has left Noguera's real killer at large. On Aug. 2, 2001, 31-year-old high school Spanish teacher Noguera was found strangled in an upstairs study in a house in a gated neighborhood. Prosecutors have filed notice that they will seek the death penalty if he is convicted. During his 3-hour opening statement, Cavanagh borrowed a quote from Shakespeare's Hamlet: For murder though it have no tongue, will speak. At times red-faced and in a booming voice, Cavanagh railed at the defendant. Max McCord chose her death over divorce, he said with clenched fists. There wasn't some phantom intruder! The prosecutor reminded jurors more than once that McCord visited prostitutes, spending large sums of the family's money, deeper and deeper into financial oblivion. Baker, for her part, suggested that McCord's interest in prostitutes was not indicative of major marital strife. It was part of their life, she said, adding that the practice is more accepted in his native Denmark than here in the United States. They were not a couple falling apart. Baker said the state's case was based on a whole lot of he said, she said and uncorroborated claims. She, too, evoked a quote from Shakespeare, this time from Macbeth: full of sound and fury, signifying nothing. The state's case will likely hinge on how well prosecutors chip away at McCord's alibi. On the night of her death, McCord told police the family had dinner at home then drove together to the mall around 8 p.m. He said Noguera returned to her car because she had forgotten her purse. When she didn't return, McCord said he took a cab home, found her body and called police. Cavanagh suggests that physical evidence will show that Noguera was already dead when McCord and their 3-year-old daughter left the gated compound for the mall. The state says security tapes from the complex showed him leaving the complex at 8:18 p.m. with an empty passenger seat, but Baker countered that the camera's timer was off and that the image captured was impossible to decipher. The trial is expected to last about eight weeks. Testimony is set to begin today at 9:30 a.m. in Broward Circuit Judge Peter M. Weinstein's chambers. (source: Miami Herald) CALIFORNIA: Mexicans on death row may ask for new hearings after Bush decision More than 2 dozen Mexican nationals on San Quentin's death row are expected to seek new hearings after President Bush said courts nationwide must review claims that the prisoners' rights were violated by not being allowed to contact their consulate after arrest. California Attorney General Bill Lockyer would not say how his office would handle the cases of the 26 Mexicans on death row. We have not taken a position on that issue, Nathan Barankin, a Lockyer spokesman, said Wednesday. If the inmates ask state courts for new hearings, We'll address them one by one, Barankin added. However, Texas Attorney General Greg Abbott appeared poised to stand by the convictions in his state, noting after Bush's decree Tuesday that neither the president nor an international court could override state court authority. The president's announcement came in response to a ruling last March by the International Court of Justice, a
