Feb. 15 TEXAS----impending execution: Dennis Wayne Bagwell Scheduled For Execution Texas Attorney General Greg Abbott offers the following information about Dennis Wayne Bagwell, who is scheduled to be executed after 6 p.m. Thursday, February 17, 2005. In November 1996, an Atascosa County jury found Bagwell guilty of the 1995 capital murders of his mother, Leona McBee; her 14-year-old granddaughter, Tassy Boone; his half-sister, Libby Best; and her 4-year-old daughter, Reba Best. Bagwell was sentenced to death. FACTS OF THE CRIME Bagwell and his girlfriend, Victoria Wolford, were living in a small travel trailer which Bagwell had parked on property in Wilson County that belonged to his mother, Leona McBee, and stepfather, Ron Boone. McBee and Boone lived on the property in a mobile home with a 2 bedroom addition. Libby Best, Reba Best and Tassy Boone lived with McBee and Boone. On returning home from work on September 20, 1995, Boone entered his home and found the bodies of McBee, Libby Best, Reba Best and Tassy Boone. All four were dead. McBee and Tassy Boone had been strangled and had numerous bruises and abrasions all over their bodies. Libby Best died from two gunshot wounds to the head. Reba Best had been beaten about the head, neck and upper back with a blunt object. About 2 weeks before the killings, McBee asked Bagwell and Wolford to stop living on the property. Bagwell and Wolford then moved in with friends in San Antonio. According to testimony at his trial, Bagwell expressed frustration to his former stepmother 2 days before the killings that McBee had not paid him for a travel trailer. Bagwell said he could kill his mother and it would never bother him. Wolford told authorities that she and Bagwell drove to his mother's house on September 20, 1995, to borrow money. When they arrived, Wolford retired to the travel trailer because she had a headache. A short time later, Bagwell walked over to the travel trailer and told Wolford that his mother would only give him $20. Bagwell then went back into McBee's house. Wolford stood outside the travel trailer. Through the window, Wolford saw Bagwell strike McBee, then heard screams and two popping noises. She heard Tassy Boone yell, "No, no," and heard Reba Best scream. Everything was quiet for a while, then she heard McBee yell at the dogs and gasp for air. Through the window, she saw Bagwell hit McBee with a long-handled gun. Later, Bagwell took some towels and wetted them with a water hose. He wiped off a hammer and told Wolford he was going to go inside and wipe off fingerprints he might have left in the house. He told Wolford he was trying to make the crime look like a robbery and rape of Tassy Boone. PROCEDURAL HISTORY On September 20, 1995, Bagwell was indicted by a Wilson County grand jury for capital murder in the deaths of Leona McBee, Libby Best, Reba Best, and Tassy Boone. A change of venue was granted and the case was transferred to Atascosa County. On November 1, 1996, a jury found Bagwell guilty of capital murder. On November 7, 1996, the court sentenced Bagwell to death. Bagwell appealed his conviction and sentence to the Texas Court of Criminal Appeals, which affirmed the conviction and sentence on March 31, 1999. Bagwell filed an application for writ of habeas corpus in state district court on September 28, 1998. After an evidentiary hearing, the district court recommended that Bagwell be denied relief. The Texas Court of Criminal Appeals adopted the district court's recommendation on September 29, 1999. On March 3, 2000, Bagwell filed a habeas petition in a San Antonio federal court. On August 19, 2003, the court denied Bagwell's federal writ petition. Bagwell then sought permission to appeal from the 5th U.S. Circuit Court of Appeals, but the court denied Bagwell's request on May 11, 2004. Later, Bagwell filed a petition for writ of certiorari in the U.S. Supreme Court, but the Court denied certiorari review on November 14, 2004. PRIOR CRIMINAL HISTORY At the punishment phase of his trial, the State presented overwhelming evidence about Bagwell's future dangerousness. On September 27, 1982, Bagwell was sentenced to 18 years in state prison for attempted capital murder, and he was on parole for this crime at the time of the 1995 capital murders. He also had a prior conviction for misdemeanor assault. Additionally, the State proved that, only two weeks prior to the capital murders, Bagwell had murdered the elderly custodian of a business in Seguin, Texas. Further, Bagwell had a history of parole violations. He also had a lengthy history of threats of violence, disciplinary violations and refusals to accept psychiatric treatment while in prison. In fact, he had to wear leg restraints during his capital murder trial because of numerous threats he had made to law enforcement personnel. He was a frequent abuser of cocaine. And, he told Victoria Wolford that his God "put me here to kill some people. (source: All American Patriots) *********************** Woman accused of cutting baby's arms off not competent for trial A woman diagnosed with bipolar disorder and depression after cutting off her baby's arms is not competent to stand trial on a murder charge, a jury ruled Monday. The verdict came after only minutes of deliberations in Dena Schlosser's brief competency trial. Prosecutors and defense attorneys each requested that she not stand trial. Attorneys said they expected the judge on Tuesday to issue a special order committing Schlosser to a state hospital in Vernon. Once there, her case could only be re-evaluated if doctors believe she has become competent to stand trial. Schlosser, 36, was charged with capital murder Nov. 22, after she told a 911 operator she had severed 10-month-old Margaret's arms. Police found Schlosser in the living room, covered in blood, still holding a knife and listening to a church hymn. She sat slumped in her chair and staring straight ahead when the verdict was read and during most of the trial. Black belts restrained her wrists, keeping her hands close to her waist. Her ankles also were shackled with black belts. "We're just glad that the jury saw it our way," defense attorney David Haynes said. "It wasn't a surprise. It was what the evidence showed." He said Schlosser was "overwhelmed, kind of numb and glad to have it over." Earlier Monday, a court-appointed psychiatrist testified that Schlosser suffers from bipolar disorder and depression and is an extreme suicide risk. "She's stated over and over that she wishes she'd been allowed to go with her daughter," Dr. David Self said during the trial in which prosecutors called no witnesses and didn't ask questions. Self, who evaluated Schlosser on Sunday, said she was often incoherent and repeatedly alluded to killing herself. He said her depression had "grossly worsened" since he examined her last month and recommended she be placed in a state mental hospital. Schlosser said she wouldn't have a problem with lethal injection if she were sentenced to death, Self said. "When somebody tells you the death penalty is fine, you can pretty well take it to the bank that they are not well-motivated to make decisions on their behalf," he said. Schlosser sobbed uncontrollably and could not discuss certain aspects of the case, Self said. He said she repeatedly uttered phrases in whispers. Last month, Self determined that Schlosser suffered from bipolar disorder and postpartum onset and was unfit for trial. Schlosser had been hospitalized for postpartum depression in January as part of a Child Protective Services neglect investigation. CPS officials have said Schlosser exhibited symptoms of psychosis but said she improved with medication and psychiatric help. CPS closed the investigation in August after determining she was stable. Schlosser's 2 surviving daughters, ages 6 and 9, were returned to their father this week after living in foster care since their mother's arrest. On Friday, a judge ruled that John Schlosser can have sole custody of the 2 girls, so long as the girls stay in daily phone contact with his sister who lives in New York. John Schlosser wasn't in the courtroom during the trial. (source: Fort Worth Star-Telegram) ARKANSAS: Juvenile death penalty bill recommended by Senate panel A bill to keep juvenile criminals in Arkansas off death row was recommended by a Senate committee on Monday. The Senate Judiciary Committee passed Senate Bill 316 by a 6-1 vote even though a representative for prosecuting attorneys across the state said that the Legislature should wait until the U.S. Supreme Court decides on the issue. Sen. Steve Bryles, D-Blytheville, sponsor of SB 316, said it was time for Arkansas to put into law that it will not execute adolescents. "I could go on and on, but it is a real moral issue for me," Bryles told the panel. "I realize it is a wedge issue, but I don't believe that adolescents should receive the death penalty." Although Bryles could not provide any statistics on how many Arkansas juveniles under the age of 18 have been executed, he argued that the U.S. and Iran are the only civilized countries that allow executions of juveniles. However, Lori Kumpuris, who was representing the Office of the Prosecutor Coordinator, told the panel that the U.S. Supreme Court will soon revisit the constitutionality of executing juveniles between the ages of 16 and 18 later this year. In that case, Roper v. Chris Simmons, the Missouri Supreme Court ruled in August 2003 that the execution of those who committed crimes while under the age of 18 violates evolving standards of decency and is, therefore, prohibited by the Eighth Amendment to the U.S. Constitution. The Missouri high court set aside Simmons' death sentence and re-sentenced him to life in prison without the possibility of probation or parole. "We should at least wait and see what the Supreme Court has to say about this before we pass legislation," Kumpuris said, adding that she couldn't remember a case where a juvenile in Arkansas has been executed. Bryles' bill says that juveniles in Arkansas who are 16 or 17 years of age at the time their crime would not get the death penalty. Similar bills have been introduced to the Legislature in the past several sessions but have ultimately been defeated in the House. In 2003, House Bill 1632 by Rep. Sam Ledbetter, D-Little Rock, was defeated by a 43-53 vote. The bill needed 51 votes to pass. (source: Arkansas News Bureau) MONTANA: Death penalty opponents testify in favor of legislation Executing murderers is an odious memorial to the innocent lives they took, the mother of a murdered 7-year-old girl told a panel of lawmakers Monday. Marietta Jaeger Lane, mother of Susie Jaeger, who was kidnapped from her family's tent near Three Forks and murdered more than 30 years ago, urged the House Judiciary Committee to pass House Bill 561, which would abolish the death penalty in Montana. "There are no number of retaliatory deaths that will" equal the value of Susie, Lane told the panel. To kill in Susie's name violates the "goodness, sweetness and innocence of her life," Lane said, adding that only forgiveness and mercy saved Lane's heart from the hatred she once felt toward the man who killed her daughter. The death penalty is currently allowed in Montana. 4 men at the Montana State Prison in Deer Lodge are on death row. HB561, sponsored by Rep. Joey Jayne, D-Arlee, would end the death penalty, replacing it with life imprisonment with no possibility of release for the crimes now punishable by death. "Those who took lives, they will ultimately be judged," Jayne said. But it is not for the state to kill, even to kill those we may think deserve it. Life is a miracle beyond our comprehension and a society that loves life must respect all life, she said. A more deserving punishment for a killer is to spend the rest of his natural life in a 5-foot-by-8-foot cell agonizing over the wrong he committed, she said. Much of the debate focused on the morality of state-sponsored killing, the cost of the death penalty to taxpayers and the role that punishment may play in deterring crimes. Bishop George Thomas, of the Roman Catholic Diocese of Helena, spoke in favor of the bill on behalf of both Montana's Catholic bishops. The church recognizes the right of the state to execute criminals, he told the committee. But the pope has said that since nonlethal ways of removing dangerous persons from society exist, the state should choose means of protecting society that don't involve killing. Thomas said the vengeance and pain that may drive crime victims to support the death penalty, while understandable, do not always represent a "higher moral calling." "We firmly believe that retribution and vengeance neither heal the soul nor restore the loss of a love," he said. "We further believe than an 'eye for an eye' mentality, while understandable, only perpetuates a cycle of violence and promotes the delusion that true peace of heart can be won in the absence of forgiveness." Rachel King, a lawyer with the American Civil Liberties Union, said the death penalty is replete with problems. "For every eight executions, there has been one exoneration," she said. "With an error rate that high, the logical conclusion is that some of those who were executed were likely innocent, too." Helena lawyer Ron Waterman, who has defended men facing the death penalty, said the idea that the possibility of execution deters potential killers doesn't hold water. Many people who commit capital crimes have emotional and mental problems that make it difficult for them to have empathy for their victims, he said, to say nothing of anticipating punishment. Many such crimes are committed under the influence of drugs or alcohol, which is not an excuse for the crime but does suggest that criminals may not be thinking about what will happen if they get caught, he said. Also, as a punishment, it is not fairly imposed. Some murderers in Montana get the death penalty; some do not. The committee made no decisions on the bill. "It is cruel and unusual punishment," he said. "It is random and capricious." Not everyone spoke against the bill. Doug Nulle, a lawyer from Clancy, said some crimes deserve the death penalty, such as the murder of a policeman. And convicts can kill behind bars, too, he said. Rep. Janna Taylor, R-Proctor, also spoke against the bill, saying former lawmaker Ethel Harding's daughter, Lana Harding, was stalked and murdered by Duncan McKenzie, who was put to death a decade ago. Harding, who lives in Taylor's district, favors the death penalty, Taylor said. (source: Billings Gazette) USA: Protecting the innocent President Bush's request to spend $50 million to train death-penalty defense lawyers and $1 billion for DNA testing that could exonerate the wrongly accused is a positive step that could help keep innocent people off death row. The Denver Post has opposed the death penalty since 1965, but the reality is that the federal government and 38 states, including Colorado, have it. So we support the president's budget request because it may avert some injustices. "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," Bush said last week. "In America, we must make doubly sure no person is held to account for a crime he or she did not commit ... people on trial for their lives must have competent lawyers by their side." 152 executions were carried out in Texas when Bush was governor, and he commuted only 1 death sentence, making his proposal startling to some. The DNA initiative was an artful congressional compromise. Bush has been trying since 2003 to get funding for DNA testing to help prosectors clear huge case backlogs. Meantime, Sen. Patrick Leahy, D-Vt., tried to get money for post-conviction DNA testing. Rep. F. James Sensenbrenner, R-Wis., last year won passage of the Justice for All Act, which calls for both kinds of DNA testing. Bush is seeking $1 billion over five years for such tests. Stephen Saloom, policy director of the New York-based Innocence Project, which promotes using DNA testing to exonerate wrongly convicted people, greeted Bush's proposal with caution. "We hope it's a sign of redemption," Saloom said. "We hope it's not what some people have alleged - a cynical use of the issue to pass through a package that focuses much more on just law-enforcement tools." "I would say that even George W. Bush isn't interested in convicting and sentencing innocent people to death," said Denver attorney David A. Lane. "If it does have the effect of helping innocent people not get convicted, that's wonderful. But that does not mean the death penalty is just fine." Many states provide few resources for poor defendants, so any federal help would be welcome. (source: Editorial, Denver Post, Feb. 14)
