June 29 TEXAS----impending juvenile execution Killer asks justices to stay execution A convicted killer from Tarrant County who faces lethal injection tonight has asked the U.S. Supreme Court to spare him until it can decide whether his execution and those of 71 others like him constitutes cruel and unusual punishment. Age is the issue. Mauro Barraza was 17 when he murdered Haltom City resident Vilorie Nelson in 1989. Earlier this year, the high court agreed to decide whether capital punishment is constitutional for crimes committed under age 18. However, it will not hear arguments until this fall. Mr. Barraza's execution is scheduled tonight after 6. His lawyer, Scott Schutte of Chicago, asked the court Monday for a stay. "We're not arguing the guy is innocent," Mr. Schutte said. "Our logical argument is that the Supreme Court is going to decide this issue within a year from now." Now 32, Mr. Barraza said he was high on cocaine and spray paint when he stomped Mrs. Nelson, 73, to death and then raped her. He said in a recent interview that he had resigned himself to lethal injection. "I'm at the point where I'm ready to face whatever it is," he said. Five states, including Texas, allow the execution of offenders who were 17 at the time of their crime. An additional 14 permit the execution of offenders who were 16. There are 72 people on the nation's death rows for crimes committed before they turned 18. Texas has more under-18 condemned killers 27 than any other state. Last week, the Texas Court of Criminal Appeals refused to block Mr. Barraza's execution. On Monday, his lawyer asked Gov. Rick Perry to delay it; state law allows the governor to grant a 30-day reprieve. "I think we're going to wait and see what the Supreme Court does [today]," said Robert Black, a spokesman for the governor. *************************** Supreme Court will hear Miller-El case again The U.S. Supreme Court on Monday agreed to hear - for a 2nd time - the case of a Texas death-row inmate who has said that racial bias tainted his 1986 murder conviction in Dallas. Last year, the high court returned the case of Thomas Joe Miller-El to the 5th U.S. Circuit Court of Appeals, saying the lower court had erred when it refused to allow Mr. Miller-El the right to appeal his case on the issue of jury selection. Mr. Miller-El, who is black, had argued that a history of biased jury selection by the Dallas district attorney's office had played a part in his case. The Supreme Court ordered the 5th Circuit to allow the appeal, which was reheard and decided by the lower court earlier this year. The 5th Circuit again rejected Mr. Miller-El's claims, saying that selection of only one black juror in his case was not part of any "purposeful" discrimination. Mr. Miller-El's lawyers had vowed to appeal the decision to the U.S. Supreme Court once again. "We're extremely pleased that the U.S. Supreme Court has decided to hear Mr. Miller-El's case again," said Mr. Miller-El's attorney, Jim Marcus of the Texas Defender Service. A spokesman for Texas Attorney General Greg Abbott declined to comment while the case is still pending before the courts. Dallas District Attorney Bill Hill's office said it was reluctant to comment on the 18-year-old case, which will be argued by the Texas attorney general's office. "We believed that 5th Circuit opinion had settled the legal issues in the case," said Lori Ordiway, head of the office's appellate staff. The case will probably be argued early next year. Last year's tartly worded 8-1 high court decision decided only that Mr. Miller-El could appeal his case, not whether it had merit. By choosing to hear the case again, the Supreme Court has decided to hear the specifics of Mr. Miller-El's charges of jury selection bias in Dallas. While the Supreme Court has not ruled specifically on Mr. Miller-El's situation, last year's decision released in February 2003 described the Dallas district attorney's office of the time as "suffused with bias." Court tensions That earlier decision also suggested a developing test of wills between the U.S. Supreme Court and the 5th Circuit which includes Texas, Louisiana and Mississippi. The nation's highest court has been critical of several 5th Circuit rulings involving fairness in criminal trials, particularly death-penalty cases. In a harshly worded opinion decided last week, the court ordered the 5th Circuit to review the case of Robert James Tennard, another Texas death-row inmate, who says that members of his jury should have been allowed to consider his mental retardation when they sentenced him to death. The opinion, written by Justice Sandra Day O'Connor, accused the 5th Circuit of "paying lip service to the principles" of the appellate process, while invoking "its own restrictive gloss" on issues of mental health and retardation among defendants accused of capital crimes Mr. Miller-El was convicted in Dallas of the November 1985 murder of Douglas Walker during the armed robbery of an Irving hotel. Before he was shot, the hotel clerk had been bound and gagged along with another clerk, who survived the attack to identify Mr. Miller-El as one of the robbers. Lawyers for Mr. Miller-El argued at the time of the trial that Dallas prosecutors had systematically excluded blacks and other minorities from his jury - a common practice in Dallas before it was declared unconstitutional in 1986. Attorneys for Mr. Miller-El argued that 91 percent of eligible blacks were excluded from a 108-person jury pool, resulting in a single black juror available to sit on his jury. A 1986 investigation by The Dallas Morning News, cited in briefs and oral arguments before the Supreme Court, showed similar levels of exclusion in 15 capital murder cases tried in Dallas between 1981 and 1986. Exclusion instructions A 1963 Dallas County manual emphatically instructed prosecutors in such cases: "Do not take Jews, Negroes, Dagos, Mexicans or a member of any minority race on a jury, no matter how rich or how well educated." The manual was later rewritten in less colorful language, but similar instructions continued to be part of prosecutor training in Dallas County until 1976. Mr. Miller's request for re-hearing by the Supreme Court was supported in briefs by the NAACP and by a group of former federal prosecutors and judges, among them former FBI director William Sessions. (source for both: Dallas Morning News) NEW YORK: A Good Time to Do Nothing----Legislature Should Let Court Ruling Against NY Death Penalty Stand In response to last week's state court decision voiding the state's death penalty law, Albany should do what it does best: nothing. In this instance, inaction - which Albany has elevated to an art form - would serve the state well, ensuring that New York no longer participates in the grisly business of government-sanctioned killing. Capital punishment is barbaric, costly, unevenly applied and, most damning of all, subject to unconscionable error. Ending New York's 9-year flirtation with death should be easy for officials whose record of futility includes a pathological inability to pass on-time budgets, reform the Rockefeller drug laws or provide equitable school funding. The New York Court of Appeals threw the future of capital punishment into limbo last week when it ruled that the jury instruction the law mandated is unconstitutional. A provision required that juries weighing death versus life in prison without parole be told that, should they not unanimously agree, a judge would impose a sentence of life in prison with the possibility of parole after 20 to 25 years. Ruling in the case of Suffolk County killer Stephen LaValle, a 4-to-3 majority said that provision could coerce jurors who favor life without parole into going along with a death sentence, to preclude the possibility that a defendant would eventually go free. The court invalidated the death sentences of LaValle and 3 others, ordering they be resentenced to life, with or without parole. 9 other cases awaiting trials in which prosecutors have signaled they would seek execution can proceed, but only as noncapital cases; capital punishment would be effectively barred in future cases as well. Senate Majority Leader Joseph Bruno (R-Brunswick) and Gov. George Pataki will move quickly to amend the law. A more cryptic Assembly Speaker Sheldon Silver (D-Manhattan) said the Assembly will take "appropriate action" to address the issue raised by the court. The appropriate action in this case would be no action at all. Officials should heed the counsel of former Supreme Court Justice Harry Blackmun, who supported capital punishment for decades but then became convinced it could never be administered fairly. He wrote in a 1994 dissent that, "I no longer shall tinker with the machinery of death." (source: Editorial, Newsday, June 28) *************** Lawmakers blast death penalty ruling A state Court of Appeals ruling last week that effectively nullified New York state's nine-year-old death penalty law has lawmakers criticizing the high court for overstepping its bounds and adds yet another contentious issue to the agenda of state legislators who have accomplished little of consequence so far this year. On Thursday, the Court of Appeals ruled unconstitutional a provision of the law that requires judges to inform jurors that a defendant convicted of first-degree murder will be sentenced to 20 to 25 years to life, with the chance of parole, if the jury cannot reach a unanimous verdict for either the death sentence or life without parole. The decision overturned the sentences of all 4 men currently on death row, and at this point blocks prosecutors from seeking the death penalty in nine cases in which they have announced plans to ask for a death sentence upon conviction. State lawmakers said the recent decision, which is the fourth ruling overturning a death sentence by the court, is reflective of a panel opposed to capital punishment. "I believe (the Court of Appeals) would have found any machination to kill this," said Assemblyman Joel Miller, R-Poughkeepsie. "I think they're being unreasonable." "This is an oligarchy of four," said state Sen. Stephen Saland. (Chief Justice Judith) Kaye has engaged by decision areas that have been in the legislative domain. Judge Kaye's inclination is to engage in social policy. That is not my view of what a court should do." In the 4-3 decision, Justice Albert Rosenblatt, a former state Supreme Court justice from Dutchess County and an appointee of Republican Gov. George Pataki, sided with the majority, which included Kaye and 2 other appointees of former Democratic Gov. Mario Cuomo. Although published reports have indicated that both Assembly Speaker Sheldon Silver, D-Manhattan, and Senate Majority Leader Joseph Bruno, R-Brunswick, are willing to usher an amendment through their respective houses, lawmakers remain skeptical a law will make it back on the books quickly. Saland, R-Poughkeepsie, said that while under different circumstances the flaw could be easily addressed, "unfortunately, there's nothing that is easily remediated in Albany these days." He said this issue, like so many others in state government, could end up "held hostage" to an agreement on increasing aid to New York City schools. "I have no doubt the Senate and (Pataki) can quickly come to agreement, the question is what does the Assembly want to do?" Assemblyman Patrick Manning said the court's ruling "just adds to the pile of unfinished business." "There's no doubt in my mind there's enough support in the rank-and-file to pass this, but it takes 2 leaders and the governor to reach an agreement and (Silver) is really shameless on coming across with his feelings that he does not want to do anything, or that what he does want to do he'll do in his own time," said Manning, R-East Fishkill. Assemblyman Kevin Cahill said the ruling could serve as the impetus to get other matters resolved. "I think this is an issue that some people believe should be a priority," said Cahill, D-Kingston, adding that it is "very realistic" to assume the state Legislature will move the death penalty issue to the head of its agenda. Although there is no date set for lawmakers to return to Albany, Saland said they may go back in mid-July. (source: Daily Freeman) CALIFORNIA: Peterson Defense Aims to Show Probe Flaws In a blistering cross-examination of the lead detective assigned to Laci Peterson's murder, the defense tried to show the case was shoddily executed and designed from the start to implicate her husband. Near the end of his fourth day on the witness stand Monday, Detective Allen Brocchini watched the clock hanging on a wall above the jury as he faced a barrage of pointed questions from defense lawyer Mark Geragos. Geragos asked Brocchini about several tips police received that seemed to point away from Laci's husband, Scott Peterson. Geragos also probed a previous burglary of the Peterson home and mysterious men spotted in the neighborhood. Brocchini was due back on the stand Tuesday for another round of questions from Geragos, who has used several prosecution witnesses to attempt to explain how Laci Peterson's disappearance and murder could have come at the hands of someone other than her husband. Geragos asked Brocchini about several tips police received early in the investigation, including one on Dec. 26, 2002 - 2 days after Laci was reported missing - that she was being held in a storage bin about 30 miles from her hometown of Modesto. Brocchini said he knew of it, but did not have much information. Geragos said police flew over the area with a helicopter equipped with a heat-seeking device and discovered what could have been a sign of life, but officers never searched the area. Peterson, 31, is accused of murdering his pregnant wife on or around Dec. 24, 2002, then sinking her body in San Francisco Bay. Defense lawyers say he was fishing on the bay when Laci Peterson disappeared, and that someone else abducted her near their Modesto home as she walked the dog, and held her captive before killing her and dumping her body in the bay to frame Peterson. Geragos then asked the detective about a report from police in nearby Tracy that a man of Pacific Island descent had tried to kidnap a 15-year-old girl a few days before Laci's disappearance. Brocchini said he never followed up on that tip. Witnesses have said they saw a van with three "dark-skinned" men in the Petersons' neighborhood around the time Laci vanished. It's a detail Geragos has continually brought up in the trial as he works to create reasonable doubt and tries to show police ignored any leads that didn't point to Peterson. Then there was the burglary of the Petersons' home on Jan. 19. Brocchini testified that a woman admitted robbing the Petersons' home and said she was infatuated with Scott Peterson. Geragos pointed out several lies the woman told Brocchini, including details about items she stole from the house and how she said she was working on Dec. 24 when, in fact, she wasn't. "At that point did you become suspicious of her?" Geragos asked. "No," Brocchini said. But the detective acknowledged asking the woman her whereabouts on Dec. 23 and Dec. 24, as if indicating he had at least some suspicions she may have been involved in Laci's disappearance. The woman told Brocchini she had been visiting with her ex-boyfriend and some of his friends, men of Hawaiian descent; Geragos again alluded to suspicious "dark-skinned" men seen in the Petersons' neighborhood. Geragos then moved on to questioning about Peterson's mistress, Amber Frey, who first phoned police on Dec. 30 about her affair with Peterson - a day after a $500,000 reward was posted in the case. Geragos hinted she might have hoped to profit. Brocchini also acknowledged that police investigated Frey herself. ******************* Judge in Peterson trial warns Modesto police The judge in the Laci Peterson case admonished the Modesto Police Department on Monday for violating a gag order by publicly criticizing the defense. Under cross-examination Thursday, defense attorney Mark Geragos got Detective Allen Brocchini to admit he deliberately deleted from his report a witness account that could be favorable to Scott Peterson, on trial in the death of his pregnant wife, Laci. On Friday, Modesto police Sgt. Ed Steele told The Associated Press that Brocchini omitted the material because it is in other police reports provided to the defense. "It's Geragos' spin," Steel told the AP. All parties in the case are bound by the order that prevents them from talking. Judge Alfred Delucchi called a Modesto police captain from the gallery Monday to stand before him. "This has to stop," Delucchi said. "Go tell the chief that he's going to have to sit on his folks ... or there's going to be trouble." After the admonishment, Geragos resumed his cross-examination of Brocchini, the first investigator assigned to case after Laci Peterson vanished. Last week, Brocchini acknowledged several investigative lapses. Peterson, 31, is accused of murdering his wife on or around Dec. 24, 2002, then sinking her body in San Francisco Bay. Defense lawyers say he was fishing on the bay when she disappeared, and that someone else must have abducted her near their Modesto home, then framed Peterson after hearing his well-publicized alibi. With Peterson's trial entering its second month, Geragos has used several prosecution witnesses to make his case that the investigation was designed from the start to implicate Peterson and was shoddily executed. Courtroom observers say the defense is winning points with the jury - weeks before it even gets a chance to put on its own case. "It's still a horse race. It's just not a close one right now," said former Alameda County prosecutor Michael Cardoza, now a practicing criminal defense lawyer. Over 2 days of questioning last week, Geragos cornered Brocchini on several details of the investigation, including: -That police didn't fully exhaust the lead that a witness reported seeing a pregnant woman walking a golden retriever, the same kind of dog the Petersons had, on Dec. 24. Brocchini said the witness couldn't positively identify the pregnant woman as Laci Peterson. -That Brocchini's report didn't include a police interview with a woman who saw Laci Peterson at the warehouse where her husband stored his small boat. Prosecutors have insisted that Peterson hid the boat as part of his plan. -That Brocchini didn't know of 2 witnesses who reported seeing Laci Peterson walk the couple's dog the day before she vanished. Prosecutors have questioned Peterson's story by asserting his wife stopped exercising weeks earlier because of pregnancy-related dizziness. (source for both: Associated Press) MISSISSIPPI: State told to improve prison conditions A federal appeals court has ordered the state of Mississippi to fix toilets and add screen windows and fans to cells on death row at the state penitentiary at Parchman. A three-judge panel of the 5th U.S. Circuit Court of Appeals ruled Monday that the Mississippi Department of Corrections must also improve mental health care for the inmates. The panel rejected arguments from MDOC that U.S. Magistrate Jerry Davis should not have considered a lawsuit by death row inmate Willie Russell that led to the court's intervention. The MDOC had appealed Davis' order to the 5th Circuit. It had argued that no inmate had suffered an illness or physical harm because of conditions cited in the lawsuit. The 5th Circuit, referring to state Health Department reports, said there was concern because unsanitary conditions had been repeatedly reported to the MDOC and lingering problems were not being corrected. Corrections Commissioner Chris Epps could not immediately be contacted for comment on the court's decision. Davis had ordered that when the heat index is at least 90 degrees, the state must provide fans, ice water and daily showers to inmates. The prisoners were usually allowed to shower three times a week. The 5th Circuit upheld that order. The American Civil Liberties Union's National Prisons Project wanted Davis' order to apply to all of Unit 32. Appeals Court Judge James L. Dennis said because Russell and other inmates were housed in death row, called Unit 32-C, the court would not allow Davis' order to be placed on other areas of the prison. Davis' ruling last year came in a lawsuit filed by the ACLU on behalf of the inmates, who said they are daily subjected to excessive heat, human excrement, biting insects and the ranting of psychotic prisoners. The lawsuit said conditions at Parchman are so harsh they contribute to a high rate of mental illness among the prisoners. MDOC said it was hiring a health care provider and was headed toward compliance with Davis' order. Dennis, writing for the 5th Circuit, said the inmates showed that mental health care was inadequate. "We agree that the conditions of inadequate mental health care ... do present a risk of serious harm to the inmates' mental and physical health," Dennis wrote. The 5th Circuit also upheld Davis' orders to MDOC to provide adequate supplies to clean cells and upgrade lighting. The court threw out three of Davis' orders that dealt with a maintenance schedule, laundry and exercise. Davis had also directed the state to give the inmates annual mental health evaluations, monitor medications and house inmates with severe mental illnesses separately from others. (source: Associated Press) GEORGIA: Court rules death penalty defendant can defend himself Douglas County prosecutors must retry a man convicted of the 1993 robbery and killing of a convenience store owner because he was not allowed to represent himself even though he was found competent to stand trial, the Georgia Supreme Court ruled. The court ruled Monday that Superior Court Judge Robert James erred by not allowing Cedric Lamar to dismiss his attorney so he could act as his own lawyer in his 1999 trial. During the trial, Lamar took a swing at the defense lawyer, Michael Mears, and loudly disagreed with an insanity defense based on grounds that Lamar was a paranoid schizophrenic. Mears said Monday that he had talked with Lamar, who was looking forward to representing himself in a new trial. He said prosecutors "will ignore their mental illnesses and say they're competent to stand trial and competent to be executed. But they don't want them to represent themselves in the trial court because it would be disruptive and cause problems." District Attorney David McDade could not be reached for comment Monday. (source: Associated Press)
