Feb. 2 NEW YORK----federal death penalty withdrawn Mob boss Massino won't face death penalty Federal prosecutors signaled Wednesday that they are going to remove the threat of the death penalty from Bonanno crime boss Joseph Massino now that he is cooperating with investigators. In Massino's first court appearance since news surfaced last week that he was a turncoat, U.S. District Judge Nicholas Garaufis again directed the U.S. attorney's office in Brooklyn to ask Attorney General-nominee Alberto Gonzalez to reconsider the death penalty issue against the mob boss. Gonzalez is expected to have his nomination approved by the Senate Thursday. Both Assistant U.S. Attorney Greg Andres and Massino's new "shadow" counsel, Edward A. McDonald, by their comments tiptoed around the issue of Massino's status and never flat-out stated he was a cooperating witness. But Andres told Garaufis the court would be informed of "any developments" that might impact the capital punishment issue. McDonald also said he was happy prosecutors were going to ask Washington to reconsider the death penalty. The portly Massino, who has lost close to 20 pounds in recent weeks and looked tired, conversed briefly with McDonald in court. He answered "No, your honor," when Garaufis asked him if he had anything to say. Legal and law enforcement sources, as well as court records, have indicated that Massino, 62, wore a recording device and gathered evidence in jail against his acting street boss, Vincent Basciano, 45. Basciano, a hair salon owner from the Bronx, was indicted last week on the evidence gathered by Massino in the slaying of a crime family associate in December. Prosecutors also alleged, but did not charge in the indictment, that Basciano suggested killing a federal prosecutor, believed to be Andres. During the brief court appearance, Garaufis officially relieved attorney Flora Edwards from representing Massino as one of his court-appointed lawyers. Since the death penalty charge is still alive against Massino despite the fact that he is cooperating, Garaufis allowed court-appointed death penalty lawyers David Stern and Kevin McNally to remain on the case. McDonald, former head of the Brooklyn organized crime strike force and now with the firm Dechert LLP, declined to comment after the court appearance. He was appointed by Garaufis to represent Massino in the convicted mobster's secret dealings with prosecutors. As a prosecutor, McDonald handled the 1978 Lufthansa cargo heist investigation and the prosecution of former Rep. Mario Biaggi. Garaufis also severed Massino's capital case, involving the 1999 murder of Bonanno captain Gerlando Sciascia, from that of several co-defendants. (source: Newsday) TENNESSEE: Prosecutors to seek death penalty in double murder case Prosecutors will seek the death penalty against a Sevierville man charged with 1st-degree murder in the deaths of two men whose bodies were found in the Pigeon River. District Attorney General Al Schmutzer filed notice that the state will seek capital punishment or life without the possibility of parole if 35-year-old Shannon Ted Adams is convicted. Adams' alleged victims, Butch Wayne Phillips of Sevierville and his uncle, Sherman (Hank) Ray Phillips of Dandridge, were discovered in the river in November. Both had been shot several times. Authorities have said Adams was dating Phillips' sister, but they haven't discussed a motive for the crimes. (source: Associated Press) VIRGINIA: Supreme Court denies death row inmate's request to hearing over mental retardation The Virginia Supreme Court on Wednesday denied a defense request that jurors who decide whether Daryl R. Atkins is mentally retarded not be told he already has been convicted of capital murder and sentenced to death. The state high court also denied a request to delay the hearing scheduled to begin Monday in York County Circuit Court, said a spokesman for the state attorney general's office, which had opposed the requests. Atkins' case led to the U.S. Supreme Court ruling in 2002 that barred execution of the mentally retarded, but no determination of his mental condition has been made. Atkins has been on death row since 1999 for the 1996 robbery, abduction and murder of a Langley Air Force Base enlisted man. Should a jury find that Atkins is mentally retarded, his sentence will be reduced to life in prison for killing 21-year-old Airman 1st Class Eric Nesbitt for beer money. A Virginia law passed in 2003 requires that the question of a defendant's mental retardation be taken up during the sentencing phase, after guilt is determined. (source: Associated Press) USA: (portion of) Text of President Bush's State of the Union address [Below are the text comments of President Bush's State of the Union address relating to criminal justice and death penalty issues} Because one of the main sources of our national unity is our belief in equal justice, we need to make sure Americans of all races and backgrounds have confidence in the system that provides justice. In America we must make doubly sure no person is held to account for a crime he or she did not commit, so we are dramatically expanding the use of DNA evidence to prevent wrongful conviction. Soon I will send to Congress a proposal to fund special training for defense counsel in capital cases, because people on trial for their lives must have competent lawyers by their side. (source: Associated Press) ******************** Limiting the death penalty: Opponents strategize Opponents of the death penalty recognize they're fighting a battle on many fronts, rejoicing in piecemeal victories such as a state's decision to impose a moratorium on executions while the fairness of capital punishment is reviewed. They're waiting to see how the Supreme Court rules in a case currently being reviewed over whether it should be possible to impose capital punishment for crimes committed by juveniles. In Kansas and New York, they're trying to convince legislators to let their death penalty laws wither away, rather than fix technical problems that led both states' supreme courts to overturn the laws last year. Andy Rivas, who follows death penalty-related issues for the U.S. Conference of Catholic Bishops, said Catholic organizations around the country are working on new statewide moratoriums, fighting to keep states without the death penalty from adopting new laws allowing it and pushing for a ban on juvenile executions. Others, such as an American Bar Association committee, are laying the groundwork for longer-term approaches, including trying to figure out how to word a law that would exempt mentally ill people from the death penalty. At a Jan. 26 symposium at The Catholic University of America's Columbus School of Law in Washington, Christopher Slobogin, a University of Florida professor of law and psychiatry, described the work of an ABA task force exploring possible legislation to establish mental illness as a reason to be exempted from capital punishment. Since the Supreme Court said in its 2002 decision in Atkins vs. Virginia that it is unconstitutional to execute mentally retarded people, the ruling has been used as a framework for possible legislation to ban executions of people with severe mental illness. While both retardation and mental illness can lead to similarly impaired judgment, Slobogin explained, there are significant differences in how the two are measured, treated and viewed by society. For instance, it is possible to set an arbitrary number as the point where someone is considered retarded. Quantifying the degree of someone's mental illness is more difficult. A law could, for instance, rely on classifications for types of mental illness used by psychiatrists and other medical professionals, but such illnesses fluctuate, Slobogin said. To meet the standards of a law, the issue then becomes whether someone was sufficiently incapacitated by a disorder at the time a crime was committed. And jurors tend to consider mentally ill people more dangerous than those who are retarded. He cited polls showing that the most feared offenders in capital cases were "madmen." "People with mental illness are much more likely to receive the death penalty than others," he said. Ronald Honberg, director of legal affairs for the National Alliance for the Mentally Ill, said the U.S. prison system has become the principal place where people who are mentally ill are treated. A 2003 Human Rights Watch report found that there are three times more mentally ill people in prisons than in mental health hospitals. The American Psychiatric Association reported in 2000 that as many as one in five prisoners was seriously mentally ill. Honberg said most of those prisoners got there after nonviolent crimes or "behavior that attracted the attention of police" and resulted from simply not getting the proper treatment for their illness. Sometimes lack of treatment escalates to the point where a mentally ill person truly becomes dangerous to others. He gave the example of Russell Weston, who killed 2 police officers in the U.S. Capitol in 1998. Weston had been diagnosed as paranoid schizophrenic decades earlier. Although he periodically received treatment that improved his ability to function normally, he did not stay on the drugs he was prescribed and his family was unsuccessful in having him involuntarily committed to an institution. Weston has not yet been brought to trial, but the federal government obtained a court order to have him medicated against his wishes, hoping to improve his mental capacity to the point where he may be put on trial. Honberg said prosecutors intend to seek the death penalty if the case goes to trial. Governments "go to great lengths to make sure someone is competent to be executed, when they made very little effort to treat them before they committed a crime," Honberg said. Only Connecticut currently prohibits the death penalty for people who are significantly mentally impaired. Coincidentally, it was a capital case from Connecticut that gave the Supreme Court a recent chance to weigh in on whether mental illness should prevent an execution. But in a 5-4 vote, the court Jan. 27 rejected a stay of execution for Michael Ross that was based on the grounds that he was mentally ill. He had confessed to murdering eight women, but had fired his lawyers and stopped his own appeals. His father and a Connecticut church group had sought to stop his execution, arguing in part that he was not competent to make that decision. It was likely Ross's execution would take place before Feb. 1. Richard Dieter, executive director of the Death Penalty Information Center, said he had thought it unlikely the Supreme Court would block Ross's execution. "11th-hour cases don't tend to be used for deciding major issues," Dieter told Catholic News Service, adding that the justices also wait to consider changing the direction of national law until there's a clear shift in public attitude working its way up. By the time the court took Atkins vs. Virginia, 18 of the 38 states with capital punishment had already changed their laws to prohibit executions of people who are mentally retarded. That case also came to the court in the course of normal appeals, not at the last minute. Dieter said he was unaware of any effort yet to change other state laws about mental illness and capital punishment. As states adjust their laws to accommodate the Atkins ruling, though, they may come close. "What is a 'mental deficiency?'" he asked. Some interpretations might be broad enough to include mental illness, he said. (source: The Tidiings) CALIFORNIA: No death penalty in Thompson slayings Prosecutors announced Tuesday they will not seek the death penalty against Michael Goodwin, the so-called "Father of Supercross' accused of ordering the murders of racing legend Mickey Thompson and his wife, Trudy. The Thompsons were killed outside their Bradbury home in March 1988. Witnesses saw 2 men shoot the couple execution-style before fleeing on bicycles. Goodwin, who is not believed to be one of the shooters, and Mickey Thompson were business partners who had a falling out in the early 1980s. The dispute resulted in a $768,000 civil judgment against Goodwin, which prosecutors say led to the slayings. Prosecutors declined to state the reasons for not seeking the death penalty. Goodwin, 59, still faces life in prison without the possibility of parole. "I think it's a wise decision,' said Thompson's sister, Collene Campbell, adding that the death penalty is "very costly to the taxpayers and California is not implementing it anyway.' Goodwin's defense attorney, Elena Saris, also said prosecutors made the appropriate choice. "This isn't a case worthy of the death penalty,' she said. Prompted by the prosecution's decision, Saris announced she will seek bail for her client. Goodwin has been in jail for more than 3 years awaiting trial, first in Orange County and now in Los Angeles. "Michael is obviously not a flight risk,' Saris said. Los Angeles County prosecutors declined to file the case for many years after the slayings, determining there was insufficient evidence. Los Angeles County sheriff's detectives took the case to Orange County prosecutors, who filed murder charges three years ago on the theory that a portion of the conspiracy took place in their jurisdiction. In the course of those proceedings, the Orange County District Attorney's office also decided not to seek the death penalty. The Orange County case was dismissed after an appellate court ruled in April that prosecutors lacked jurisdiction. Los Angeles County prosecutors picked up the case shortly afterward, and Goodwin has remained in custody without bail. The defense will ask that Pasadena Judge Teri Schwartz set bail at $500,000 during a hearing on Feb. 14. Prosecutor Pat Dixon said his office would oppose bail. Saris acknowledged that shortly after the Thompson murders, Goodwin took a boat trip to the Bahamas. But, she said, he left the country because he was afraid for his own life, not because he was attempting to flee prosecution. (source: Pasadena Star News) PENNSYLVANIA----2 new death warrants signed Rendell signs 2 execution warrants Gov. Ed Rendell on Wednesday signed execution warrants for a Pittsburgh man convicted in the 1994 shooting deaths of his ex-girlfriend and 2 children and a Philadelphia man convicted in a 1991 drug killing. The execution of Gerald Watkins, 35, an inmate at Greene state prison, was scheduled for March 29. Watkins was sentenced to die in 1996 in the killings of Beth Ann Anderson, their 18-day-old infant, Melanie, and her 9-year-old son, Charles, in Pittsburgh. The execution of Jose Uderra, 37, an inmate at Graterford state prison, was scheduled for March 31. Uderra was convicted in 1993 of killing and robbing Michael Sharpe following a dispute over a drug sale in Philadelphia. The state Supreme Court has affirmed both convictions. Rendell has signed 33 death warrants. 3 men have been executed in Pennsylvania since 1975, with the latest in July 1999. There were 222 people on the state's death row as of Jan. 3. *********************** Judge halts execution of man convicted of killing 2 A judge Wednesday stayed the execution of a man convicted of killing 2 people. The decision gives Robert R. Freeman more time to pursue appeals. Philadelphia Common Pleas Judge John J. Poserina Jr.'s order prevents the scheduled March 8 execution from going forward. Freeman, 69, received a death sentence in 1998 in the shooting deaths of Mamie Shamsid-Din and Dalton Johnson in Philadelphia. (source for both: Associated Press)
