June 14


TEXAS:

Texas Immigrant Deaths Ringleader Pleads Guilty


The accused leader of a human smuggling ring blamed for the death of 19
immigrants sealed in a truck last year has pleaded guilty and agreed to
cooperate with prosecutors, U.S. Attorney Michael Shelby said on Monday.

Karla Patricia Chavez Joya, 26, of Honduras had faced a 58-count
indictment, but cut a deal with prosecutors under which she pleaded guilty
to only 1 charge of conspiracy to transport and harbor illegal immigrants.

She could face up to life in prison, but prosecutor Dan Rodriguez said a
lighter sentence would be recommended if she cooperates fully in what
Shelby earlier called "the worst immigration smuggling tragedy in our
nation's history."

Chavez was the 4th of 14 persons indicted in the May 14, 2003 deaths to
reach a plea bargain.

The immigrants, who came illegally from Mexico, Central America and the
Dominican Republic and paid $1,800 each to the smugglers, died from
suffocation and dehydration when more than 70 people were crammed into a
tightly sealed truck driven from southern Texas toward Houston.

The dead included a 5-year-old boy who died in his father's arms.

Surviving immigrants told police they clawed holes in the truck and waved
to passing drivers for help.

The truck was found abandoned at a convenience store in Victoria, Texas,
90 miles southwest of Houston.

Prosecutors have said they will seek the death penalty for the driver of
the truck, Tyrone Williams, who they accuse of fleeing after he saw the
immigrants dead or dying inside.

Chavez, was to be sentenced on Sept. 13 by U.S. District Judge Vanessa
Gilmore.

(source: Reuters)






CALIFORNIA:

Angry Peterson Lawyer's Calif. Mistrial Bid Denied

The attorney for Scott Peterson angrily asked for a mistrial on Monday
after 2 policemen said the accused double murderer muttered a curse word
and threw a flashlight after officers questioned him about his missing
pregnant wife, Laci.

Defense attorney Mark Geragos complained that the officers fabricated the
testimony and that the prosecutor did not tell him such statements were
coming. "It's nothing but a cheap shot in a never-ending series of cheap
shots by this prosecution and it's absolutely beyond dispute that I'm
entitled to that," Geragos complained to San Mateo County Superior Court
Judge Alfred Delucchi. "Short of an admonition, I move for a mistrial,"
said Geragos, who also suggested that Delucchi clear the courtroom because
some people in the audience were laughing.

Delucchi denied the mistrial motion and told Geragos that he was not in
the movies. He pointed out that the new testimony could be helpful to the
defense.

"It could have been said out of frustration that he lost his wife,"
Delucchi said.

Prosecutor Rick Distaso agreed, and explained that this logic was why he
did not bother to warn Geragos.

The 2 police officers said they noticed a couple of things out of place
when they searched the Peterson home on Dec. 24, 2002: a rug was scrunched
against a doorway, some rags were piled atop a washing machine, and 2 mops
were outside the house.

The officers said that Peterson was evasive as they asked him about his
fishing trip that day. "I asked him what he was fishing for," testified
Modesto police Det. Matthew Spurlock. "He had this blank look for a second
or so, his eyes shifted a bit. And he didn't really answer the question."

"I asked what he was using for bait and I got the same kind of response,
this blank shifting. He couldn't really answer. Then he said, 'a silver
lure,' and he held his hands about seven to eight inches (18 cm to 20 cm)
apart."

Spurlock testified he asked Peterson to leave the house, and he watched as
the fertilizer salesman cursed through gritted teeth and threw a
flashlight to the ground.

The bodies of Laci Peterson and her unborn fetus washed up in the San
Francisco Bay several months later near where Peterson said he had been
fishing.

(source: Reuters)






MARYLAND:

Judge to rule Tuesday on delay in Oken execution----Defense is seeking
time to argue lethal injection in Md. is cruel, unusual


A federal judge said he would rule this morning on convicted killer Steven
Oken's bid to delay his execution so his lawyers can argue that Maryland's
most recent execution raises doubts about the state's lethal injection
procedures.

Oken's lawyers said in a hearing Monday that the state provided them with
evidence late last week that there had been a leak in the intravenous line
that delivered the anesthetic and deadly chemicals during the execution of
Tyrone X. Gilliam in 1998.

Lawyers for the state did not deny that a leak had occurred, but asserted
that the procedure did not constitute a violation of the Eighth Amendment
prohibition against cruel and unusual punishment.

U.S. District Judge Peter J. Messitte said he would issue a written ruling
by 10 a.m. Tuesday.

A lawyer for Oken said that development amounted to a "de facto stay of
execution." A death warrant permits the state to execute Oken this week.

During the 2-hour hearing in U.S. District Court in Greenbelt, Oken's
lawyers said they are pushing this claim now because the state did not
turn over its complete execution protocol and other related material until
Friday.

Oken filed a public information request for the material last month, his
lawyers said.

David P. Kennedy, an assistant attorney general for Maryland, said in
court that Oken and his lawyers had created "a false emergency" in a
last-ditch effort to stop the execution.

Death penalty lawyer Jerome H. Nickerson Jr., who recently joined Oken's
legal team and who watched the execution of Gilliam, who was his client,
said during the hearing that a document the lawyers received Friday "shows
deliberate indifference as to what's going on with the IV."

Nickerson said a checklist from Gilliam's execution noted a "bad hookup,
left arm leaking" and "execution commander issued to go green."

He said this showed that corrections officials continued to administer the
lethal chemicals even though it appeared that some of the drug intended to
put the inmate to sleep had pooled on the floor.

Nickerson asked for proof that the executioners are adequately trained and
have a protocol in place to stop a lethal injection if there appears to be
a problem.

As part of his response, Kennedy said: "There will never, never, never be
a protocol that will satisfy the counsel of a person being executed."

A spokesman for the Department of Public Safety and Correctional Services
would not comment specifically on the Oken lawyers' latest challenge.

"Our goal is to humanely and painlessly carry out the law of the state of
Maryland and to do so with dignity and without spectacle," said Mark
Vernarelli, the spokesman.

Oken was sentenced to death in 1991 by a Baltimore County jury for the
rape and murder of Dawn Marie Garvin, a White Marsh newlywed.

Oken also was convicted of sexually assaulting and murdering 2 other
women: Patricia Antoinette Hirt, his wife's older sister, and Lori
Elizabeth Ward, a motel clerk in Maine.

During Monday's hearing, Steven Oken's parents, David and Davida Oken, and
Garvin's mother, Betty Romano, sat at opposite ends of the courtroom.
Romano dabbed away tears as she left the courthouse.

Twice before, the Maryland Court of Appeals delayed Oken's execution
because of pending appeals, but they ruled 6-1 last week not to interfere
with the current death warrant, which went into effect after midnight
Monday and is valid through midnight Friday.

Monday, the Court of Appeals denied another request by Oken for a stay of
execution, based on his claim that he re ceived ineffective counsel at
trial. Oken also has asked the Supreme Court to delay his execution.

If Messitte rules against the stay of execution Tuesday, Oken's lawyers
could appeal that decision to the 4th U.S. Circuit Court of Appeals and
then to the Supreme Court. And they have asked Gov. Robert L. Ehrlich Jr.
to issue Oken a partial commutation of Oken's sentence, from death to life
in prison without parole.

The governor has said that he will not make a decision until Oken's legal
options have been exhausted.

Death-penalty supporters and opponents gathered Monday near the
maximum-security prison where Oken is being held.

Both sides had come in expectation of Oken's scheduled execution but
decided to stay even after word spread that it would not take place Monday
night.

Holding signs that urged an end to the death penalty, activists vowed to
return each night until a judge delays the execution or Oken is put to
death.

"There are many, many ways for us to be made safe from people who commit
violent crime," said Stephanie Gibson, 49, an associate professor at the
University of Baltimore and a member of Maryland Citizens Against State
Executions. "We don't need to execute people."

Just up the street, Garvin's friends and relatives joined death penalty
supporters, holding placards that referred to "Judgment Day" and
proclaimed lethal injection "too humane."

"We've been waiting for 17 years," said Cheryl Romano, 58, of Harewood
Park, who is a a relative of Garvin. "We've been going through all this
pain and agony for Steven Oken to get his due. It's time."

(source: Baltimore Sun)

********************

On Death Penalty, Steele Is Silent -- As Md. Execution Looms, Lt. Governor
No Longer Voices Opposition


On the campaign trail 2 years ago, Maryland Lt. Gov. Michael S. Steele
touted his long-held opposition to capital punishment when trying to
connect with voters giving the Republican ticket a serious look for the
1st time.

Within weeks of becoming the first African American elected statewide in
Maryland, the new lieutenant governor broke ranks with Gov. Robert L.
Ehrlich Jr. and pledged to address a report that found racial bias in the
state's use of the death penalty. Steele vowed to set up a task force,
bring all parties to the table and find a way to fix the system.

But that has not happened. This week, as Maryland prepares to execute its
first convict since Steele took office and as a clemency petition waits on
the governor's desk, the lieutenant governor has assiduously avoided
making any comments on the subject.

"He will not talk about the death penalty, period," is how Steele's press
secretary, Regan Hopper, responded to questions on the subject.

Steele's silence has been a sore subject for some advocates who have
campaigned against capital punishment in Maryland and who believed that
Steele, a Catholic who shares their moral objections, would become an
influential voice on their behalf.

Cathy Knepper, an Amnesty International activist who is fighting the death
penalty in Maryland, said she "knocked myself senseless" trying to get a
meeting with Steele and was disappointed once they finally sat down in
February.

"He made it very clear he would go along with Ehrlich's position" on
capital punishment, Knepper said. "That was the most clear, unambiguous
thing he said."

To seasoned Annapolis political observers, such as lobbyist Dick Dowling
of the Maryland Catholic Conference, Steele's position is understandable
and even expected. The person in the lieutenant governor's post has never
been afforded much wiggle room when views depart from the governor's.

"I don't think it's fair to put him on the spot. It seems to me he's
powerless," said Dowling, who has lobbied for years against capital
punishment and is engaged in an aggressive effort to persuade the governor
to spare the life of Steven Oken, who faces lethal injection this week,
barring any 11th-hour success in court.

A federal judge has promised to rule by 10 a.m. today on whether to stay
the execution and allow further legal arguments to be heard. District
Judge Peter J. Messitte said at a hearing yesterday that he was troubled
that corrections officials had waited until Friday to provide Oken's
attorneys with a step-by-step plan for his execution.

Later in the afternoon, in a two-paragraph ruling, the Maryland Court of
Appeals closed the door on Oken's additional appeals through the state.

Oken has also submitted a clemency petition asking Ehrlich to commute his
sentence to life in prison without parole, but attorneys acknowledge that
there is little hope that the governor will spare their client.

Ehrlich, a death penalty proponent, said yesterday that Steele has been
involved in all of the top-level discussions about pending executions,
including Oken's. "Mike's views are heard," Ehrlich said. "He has a
religious conviction, and I knew that when I picked him for the ticket."

What Steele has not done, however, is fulfill the promises he made after
the release in January 2003 of a study on the capital murder system in
Maryland.

In an analysis of the 6,000 murders from 1978 to 1999, University of
Maryland criminologist Raymond Paternoster found statistical evidence that
the race of the victim played a significant role when prosecutors decided
to seek the death penalty, a finding that mirrors studies in 19 states.
Blacks who kill whites are 2 1/2 times more likely to be sentenced to
death than whites who kill whites and 3 1/2 times more likely than blacks
who kill blacks. Oken, who is white, killed three white women in 1987.

Paternoster also found overwhelming evidence that a killer's chances of
being sent to death row depend heavily on the location of the murder. A
killer who commits the crime in Baltimore County, as Oken did, is 26 times
more likely to receive the death penalty than in Baltimore and 14 times
more likely than in Montgomery County, the study shows.

At the time, Ehrlich declined to comment directly on the findings, saying
prosecutors should be free to apply the death penalty as they see fit. But
Steele said he found the results "personally troubling."

"This report demonstrates the necessity for a closer look at how we handle
these cases, from the moment an individual is captured to the moment he is
sentenced," Steele told The Washington Post then.

At Steele's urging, Ehrlich authorized him to begin a fresh study of the
capital murder system. Steele said he would meet with the Maryland State's
Attorneys' Association, set up a task force, conduct a county-by-county
review and order his staff to begin "making contacts with the different
stakeholders on this issue," he told the Catholic News Service in April
2003.

In November, Steele told The Post that he hoped to "have something fleshed
out for the governor" by the time the legislative session wrapped up in
April. But Montgomery County State's Attorney Douglas F. Gansler (D), who
heads up the prosecutors association's legislative committee, said he
never heard from Steele on the subject. "As far as I know, nothing was
done on that at all," Gansler said.

Last week, after a public appearance at a fundraiser in Annapolis, Steele
brushed aside questions about his efforts as he walked to his car. When
asked if he regretted not doing more in advance of the state's 1st
execution under Ehrlich's watch, Steele said only, "What kind of question
is that?"

Then he got into the car and drove away.

(source: Washington Post)



INDIANA:

Account changes in death penalty case

An attorney for Darnell Williams is hopeful a statement by a witness, who
says some things he may have told police 18 years ago weren't accurate,
will help her client avoid the death penalty next month.

Attorney Juliet Yackel said the statement by Edwin Taylor "is yet one more
piece of evidence indicating Darnell Williams' conviction and death
sentence are unreliable."

"We believe this underscores the need to exercise caution here. Executing
him would surely be an enormous injustice," she said.

Staci Schneider, spokeswoman for the Attorney General's Office, said she
could not comment because the attorney general had not seen the
affidavits.

Williams was condemned for the August 1986 shooting deaths of John and
Henrietta Rease of Gary. He was convicted along with Gregory Rouster,
whose death sentence was later revoked after a court ruled he was mentally
retarded.

Edwin Taylor, who Yackel described as the prosecution's star witness
during the penalty phase of the trial, says in an affidavit that he said
some things to police because he feared Williams and Rouster would make
him the scapegoat in the murders.

"I was so confused and so scared, I might have said things that weren't
accurate," he said.

Taylor said he never heard Williams threaten the Reases and described
Rouster as being threatening on the night of the killings while Williams
was drunk and mainly just sat there.

"I never told police that Darnell threatened the Reases because I never
heard Darnell threaten either Mr. or Mrs. Rease, or even speak rudely to
them," Taylor says in the affidavit.

Another affidavit from Ronald Lach, who was a crime scene technician for
the Lake County Sheriff's Office at the time of the slayings, said he
didn't see any blood on Williams' clothing following the shooting. The
defense claims that blood found on Williams shorts did not come from the
crime scene.

Williams was scheduled to die last Aug. 1, but the late Gov. Frank
O'Bannon granted a stay for additional DNA testing of blood spots found on
a pair of shorts Williams had worn. But the Indiana Supreme Court said
last month that DNA tests did not exclude one of the victims as a possible
source of the blood, and it set a July 9 execution date.

A clemency hearing is scheduled to be held June 21 at the Indiana State
Prison in Michigan City. A public hearing is set for June 28 in
Indianapolis. The Indiana Parole Board will make a recommendation to Gov.
Joe Kernan on June 29.

Yackel said the affidavits will be used during the clemency hearing and in
court appeals.

"We went every decision-maker in this case to be fully informed of the
totality of the evidence," Yackel said.

(source: Associated Press)






NEW YORK:

Jury Selection Continues For Death Penalty Case


And if he is, they'll decide if he should be put to death.

Vernon Parker of Baltimore is accused of killing a Binghamton mother and
daughter.

Valerie and Devin Spears were shot to death inside their home on South
Washington street in July 2002.

Parker could face the death penalty because he's accused of killing
witnesses. Both Valerie and Devin Spears were going to testify against
Parker at a trial in Baltimore.

That's where Parker was charged with sexually abusing Devin.

The original Broome County jury pool of 2,000 people is now whittled down
to 400. The court needs to pick a jury of 12, plus alternates, and it
could take months.

Opening arguments with testimony are scheduled to start in September.

(source: WBNG News)



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