August 16 TEXAS: Houston council debates budget for crime lab probe----Garcia wants clear 'parameters' before inquiry continues Houston City Council members on Monday questioned how investigators looking into the scandal-plagued police crime lab would spend an additional $1.6 million, while the probe remains stalled awaiting officials' approval. Some members of the public safety committee said they are concerned about the current $3.8 million estimate for the investigation into the Houston Police Department's crime lab and asked for a detailed breakdown of the spending. Others said the problems are too serious for City Council not to fund the probe. "It is obscene we would be talking about the budget - it's people's lives at stake," Councilwoman Ada Edwards said. The city hired Michael Bromwich, a former U.S. Justice Department official, to investigate the HPD crime lab, whose shoddy work and poorly trained analysts have prompted the release of 2 men from prison and doubts about thousands of cases. Bromwich's team was to conduct a 2-phase investigation including a historical review, which was completed June 30, and a review of a sampling of cases of the lab, which has not begun. City Council budgeted $2.2 million for the 1st year. In the 1st phase of the investigation, which cost $1.2 million, Bromwich uncovered new and serious problems at the lab, including allegations that drug analysts had fabricated test results without performing tests. The team still has $1 million of its initial funding, but it has been unable to move forward with the 2nd phase - a review of nearly 3,000 cases from the lab's different divisions - without council approval. "I want to make sure we are clear on where we are going and what parameters we will be working in," said Councilman Adrian Garcia. Although Garcia said he would support the additional funding, he bristled at police officials' suggestion that they may have to cut a class of cadets at the police academy to pay for the investigation. Edwards, however, noted that HPD has other sources of funding and that officials are being unnecessarily drastic. "There are some details (of the findings) that people are uncomfortable with," Edwards said. "I think citizens would think this is money well spent instead of paying someone in a lawsuit for being wrongfully incarcerated." City Council is expected to vote on funding next week, meaning the investigation will have been on hold for about 2 months. (source: Houston Chronicle) CALIFORNIA: Death-penalty bill alarms many----EVEN PROSECUTORS SAY IT RISKS GREASING THE SKIDS FOR EXECUTION California's colossal death row and notoriously slow capital-punishment system have become a chief inspiration for fast-moving congressional legislation that would make it tougher than ever for condemned inmates everywhere in the United States to challenge their sentences in federal court. When Congress adjourned several weeks ago, it was on the brink of slamming the door on the ability of most death-row inmates and others to present new evidence to show their original trials were tainted by police or prosecutorial misconduct, or incompetent defense lawyers. The unprecedented limits would come at a time when concerns are mounting about the fairness of the death penalty -- including examples of innocent men set free around the nation. Even some strong death-penalty supporters, from California's chief justice to former U.S. attorney generals, have expressed reservations. But backers, led by former California attorney general Dan Lungren, now a Republican congressman from Gold River, say the legislation is needed to keep federal judges from interfering with state efforts to carry out the death penalty and to end 20-year delays for victims' families waiting for justice. "I want to be fair to everyone involved and right now the system is not fair to the victims' families," Lungren said this week. "This is not a rush to judgment. I don't see how a 25-year wait is anything close to a rush to judgment." Main target California, with more than 640 inmates on death row, is the main target of federal lawmakers, as is the 9th U.S. Circuit Court of Appeals, which frequently has overturned the state's death sentences in the past decade. California has executed just 11 murderers since restoring capital punishment in 1978, including one this year, San Mateo County killer Donald Beardslee. Congress is expected to take up the issue when it returns next month. California Attorney General Bill Lockyer, whose office now defends the state's death sentences, has not taken a position. But the proposed legislation has generated a groundswell of opposition from some unlikely corners, including strong death-penalty supporters such as former U.S. Attorney General William Barr. The most significant opposition came earlier this month from a national organization of state supreme court justices. That opposition from the states' top judges is particularly noteworthy because supporters of restricting federal court review are accusing federal judges of trampling on the work of the state courts. "This is being rushed through with all sorts of disturbing ramifications," said California Chief Justice Ronald George, whose court consistently has upheld a higher percentage of death sentences than other state high courts around the country. "My fellow chief justices and I are all in favor of efficiency and speed, but the overall concern is with fairness. There are instances where injustices have occurred." The changes, called the Streamlined Procedures Act of 2005, would dramatically change what is known as habeas corpus review, protections against violations of constitutional rights that date back to the Civil War. In most instances, the legislation would prevent habeas review by federal judges unless there is firm proof of innocence, particularly difficult because in many cases such evidence isn't even unearthed until appeals reach federal court. The legislation would eliminate many of the federal appeals that have resulted in overturned death sentences in California. Since 1993, 46 California death sentences have been set aside by federal district court judges or the 9th Circuit, which covers California and 8 other Western states, Mercury News research shows. In 33 of those cases, the federal courts reversed just the death sentence but left the murder conviction intact, finding that the penalty phase of a trial was marred by problems such as poor legal representation. Federal judges found all sorts of problems in the cases, from defense lawyers who did nothing, to prosecutors who concealed evidence. But innocence was not a central feature in the decisions. Death-penalty supporters say the legislation is needed to keep courts like the 9th Circuit from upsetting juries' death sentences, usually decades after trial. Beardslee was executed this year after 20 years and 10 months on death row, the longest wait between conviction and execution in the state's history. 9th Circuit action While reversing 4 death sentences this year, the 9th Circuit has let two stand and refused to intercede in Beardslee's final appeals. The 9th Circuit is usually a California death-row inmate's last chance to avoid execution. "This legislation is for cases where there is no question the guy did it," said Michael Rushford, executive director of Sacramento's Criminal Justice Legal Foundation, which backs swifter death-penalty appeals. Critics of the proposed change say it would result in innocent convicts staying behind bars or being executed, and allow crucial errors in capital trials to go uncorrected. Among other cases, the reforms might have derailed the federal appeal of Glen "Buddy" Nickerson, who was found likely to be innocent by a federal judge and freed from prison after nearly 20 years for a Santa Clara County murder conviction. In addition, opponents of the reforms say Congress already has made it tougher for death-penalty appeals when a law was passed in 1996 that limited the ability of federal judges to tamper with state convictions. These critics say the 1996 law should be allowed to work because only in recent years have death sentences come up for review under its provisions. "Given the public opinion polls, the spate of DNA exonerations, the increasing public recognition of problems with providing adequate counsel, I'd think we'd be going in the opposite direction," said Michael Laurence, director of California's Habeas Corpus Resource Center, a leading agency for death-row inmates. (source: Mercury News) ************************* High court upholds death sentence The state Supreme Court on Monday upheld the death sentence for a man convicted of killing 4 women in Southern California during a crime spree more than 20 years ago. The state's highest court in a 6-0 ruling rejected claims from Dean Phillip Carter that errors were made in his trials in Los Angeles and San Diego counties. Carter, a former television cameraman and stepson of a late Alaskan police chief, was convicted in Los Angeles of the April 1984 strangulation deaths of 2 women in Culver City and one woman in West Los Angeles. Supreme Court Chief Justice Ronald M. George concluded in a 124-page ruling written on behalf of the panel that prosecutors presented evidence the 3 women "were murdered at their residences in similar fashion within days of each other." Carter, who has been writing an Internet column about his experience on Death Row, was convicted separately in San Diego County of the April 1984 murder of Janette Cullins and was sentenced to death. The San Diego County district attorney's office properly sought the death penalty, the justices found. "The evidence of defendant's penchant for overpowering young women and strangling them to death amply demonstrates that the prosecutor's decision to seek the death penalty was neither arbitrary nor capricious, but rather an appropriate exercise of prosecutorial discretion in response to defendant's criminal rampage across California," George wrote. Carter also was convicted of a March 1984 rape of a woman in San Diego County. He was a suspect in the death of a 5th woman in Oakland in 1984, but authorities dismissed charges after he was given the death sentences in Los Angeles and San Diego counties. Carter's rap sheet includes prior convictions for assault and rape stemming from a March 1984 attack and 1970s burglary convictions in Alaska and Oregon. He was arrested in April 1984 in Arizona by a highway patrol officer investigating a report of an erratic driver. Items that belonged to the murder victims were found in his vehicle. (source: Associated Press) PENNSYLVANIA: Conviction of death-row inmate KO'd A federal judge yesterday overturned the 1st-degree murder conviction of Herbert Lee Baker, who has been on Pennsylvania death row for more than 20 years. Citing erroneous jury instructions by the trial judge and ineffective legal representation by Baker's trial lawyer, U.S. District Judge Anita B. Brody gave the District Attorney's office six months to retry Baker in the 1984 robbery-murder of an oil-company manager in North Philadelphia. Absent a retrial, if the decision stands, Baker would be freed. Assistant District Attorney Thomas W. Dolgenos said the judge's 101-page memorandum and order would be reviewed for a possible appeal. "It's hard to retry" a murder case more than 20 years after the murder was committed, the prosecutor acknowledged. A jury convicted Baker and sentenced him to death for the murder of William Gambrell, 38. 2 co-defendants were sentenced to life in prison. Gambrell was shot at his desk in his office during a robbery at the Metro Fuel Oil Co. on 10th Street near Susquehanna Avenue. Baker claimed that one of his co-defendants shot Gambrell. (source: Philadelphia Daily News) ***************** DA to seek death penalty The 3 suspects charged in a double slaying plus the killing of an unborn fetus last January may forfeit their own lives if convicted of 1st-degree murder for the shooting deaths of the 2 adults. Montgomery County Chief of Trials Kevin R. Steele, who is prosecuting the case, Monday said he will be seeking the death penalty for all 3 suspects charged with the drug-related killings that left bodies both in Upper Merion and Philadelphia. The multiple killings including the killing of the unborn fetus contributed to his decision to seek the death penalty, according to Steele. The 3 suspects are: Maurice D. "Riz" Jones, 22, of the 600 block of West Lafayette St., Norristown; Harold "Mikey" "Sleep" Murray IV, 27, of Philadelphia; and, Ernest Reginald "Dinero" Morris, 25, of Philadelphia. The three are being held in the county prison without bail pending the outcome of their trial. All 3 are charged with the shooting deaths of Shawne Mims, 33, of Norristown, Jennifer Pennington, 30, of East Norriton, and Pennington's 5- to 6-month-old female fetus. Pennington's lifeless body was discovered dumped in Fairmount Park in Philadelphia on Jan. 31. She had been shot twice in the face and the fetus did not survive the shooting death of the mother, according to the autopsy report. Philadelphia police contacted police in Upper Merion after they discovered a receipt in Pennington's pocket for a room at the Best Western Motel in King of Prussia. Township police found Mims' body in the motel room. Mims died from 2 bullet wounds to the chest, made by 2 separate guns including an AK-47-style assault weapon, according to the autopsy. Authorities have said that the motive for the slayings appears to be the gunpoint robbery of cash and drugs from Morris and Murray at a residence in West Norriton a day earlier by Mims. "Drug-related crimes normally are violent crimes," said Steele. "Guns have become part of the tools of the trade." The 3 suspects are charged with 1st- and 3rd-degree murder in connection with each of the 2 adult deaths and murder of an unborn child in connection with the death of the fetus. They are also charged with kidnapping, burglary, false imprisonment, conspiracy and possessing firearms. This is the 1st time that the county has filed a murder of an unborn child charge against a suspect, said Steele. "Jones, pleading not guilty, Monday filed a form waiving his formal arraignment on the charges. Steele said he expects to receive similar waivers from the other 2 suspects. (source: The Times Herald) FLORIDA: Mordenti found guilty - again; The verdict in the 1989 murder case ends an odyssey that resulted in 3 trials. Michael Mordenti was going to leave it all far behind. He was going to move to Alaska, start a new life. The murder, the appeals, the years on death row would be miles and miles away. He was this close to freedom 4 months ago, but then the jury couldn't decide. He hoped this time it would be different, that jurors in his 3rd trial would see his side. They didn't. On Monday, a jury convicted Mordenti of murdering Thelma Royston in her Odessa horse barn on June 7, 1989. The guilty verdict ended a 16-year odyssey that resulted in 3 trials and eventually eliminated Mordenti's earlier death sentence. "Justice took a while, but it happened," said prosecutor Pam Bondi. The verdict came nine months after the Florida Supreme Court ordered a retrial for Mordenti after ruling that prosecutors withheld crucial evidence during his first trial in 1991. The jury in Mordenti's third trial reached its decision in a little more than 4 hours. That's about half the time it took the jury to deadlock during Mordenti's second trial in May. But the case appeared to be just as puzzling to jurors this time around. About a half-hour before the verdict was delivered Monday, jurors asked a court reporter to reread the testimony of 2 Hillsborough County sheriff's deputies who said Mordenti's ex-wife, Gail Milligan, told them Mordenti had shot Royston in the head. The deputies said Milligan gave them details about the murder that no one but those involved could have known only after she asked them whether she would be granted immunity from prosecution. The jury's request to hear that testimony again briefly raised hopes for Mordenti's supporters that he might be acquitted this time. "I just thought with that question they would let him go this time," said Mordenti's girlfriend, Theresa Ballard. Instead, Mordenti, 64, was convicted of first-degree murder and conspiracy to commit murder. He faces life in prison with the possibility of parole after 25 years. He has already served 14 years, which means a prison parole board could free him after he serves 11 more years. It appeared that it was the words of his ex-wife that sent him back to prison. Last week, Milligan repeated what she has said all along - that Mordenti agreed to kill Thelma Royston, 54, as part of a murder-for-hire scheme concocted by the victim's husband, Larry Royston. Milligan said she approached Mordenti about the murder after Larry Royston said he'd pay $10,000 for someone to kill his wife. "Larry Royston put in his order, and this defendant delivered the goods," said prosecutor Scott Harmon. "Without mercy, without hesitation, without remorse, he murdered Thelma Royston." After the murder, Mordenti asked for an extra $7,000, Milligan said. He told her the extra money would cover the cost of hiring a 2nd person who helped him the night Thelma Royston was killed and who later dumped the car used during the murder at the U.S.-Mexico border, Milligan said. Larry Royston committed suicide in 1991. During the weeklong trial, Mordenti's attorney, Marty McClain, tried to undercut Milligan's testimony. He pointed out that Milligan approached several people about Larry Royston's proposition before she turned to Mordenti. Although Milligan, 56, repeatedly denied having had any romantic ties to the slain woman's husband, McClain accused her of lying about her relationship with Larry Royston. McClain said she agreed to arrange the murder because Larry Royston was rich and she was in dire financial straits. "Can you believe her - the woman who needs money more and who says, "What's in it for me'?" McClain asked the jury during closing statements Monday. Prosecutors gave Milligan immunity after she agreed to tell them what she knew about the murder. She told them Larry Royston had approached her about the murder scheme during a business lunch at her house in April 1989. Mordenti's girlfriend and others said Monday that they were appalled that the jury believed Milligan's story. Monday's verdict is not likely to be the last time the courts hear from Mordenti. His family and friends say they plan an appeal. "We'll hang in there and do it again," Ballard said. (source: St. Petersburg Times) *************************************** Jury Finds Mordenti Guilty In 1989 Murder-For-Hire Case In Tampa, before the jury returned to the courtroom Monday afternoon, Michael Mordenti sat at the defense table, hands folded at his face. Judge Barbara Fleischer cautioned him, and others in the courtroom, not to express emotion at the verdict. "I don't want the jury to feel any criticism whatsoever," she said sternly. "They've worked hard all week." Minutes later, the clerk read the verdict. After 16 years and 3 trials, Mordenti was found guilty of 1st-degree murder. He sat still and quiet, heeding Fleischer's warning. Fleischer will sentence Mordenti on Thursday. Under Florida law, he will receive life in prison. Prosecutors contended that Mordenti had agreed to take $10,000 for the murder of Thelma Royston in 1989. The 1st trial, in 1991, also ended with a guilty verdict, and Mordenti was sentenced to death. In 2004, however, the Florida Supreme Court overturned the verdict. The court noted that key pieces of testimony were withheld from the jury. When Mordenti was retried in May, a jury could not reach a verdict, resulting in a mistrial. Prosecutors opted against seeking the death penalty in the latest trial. Investigators never found the gun that was used to shoot Royston, and a knife confiscated from Mordenti was not positively identified as the one used to stab her. The prosecution's case relied almost solely on the testimony of Mordenti's ex-wife, Gail Milligan. Milligan testified that she was approached by Larry Royston, with whom she wanted to invest in a business venture. Milligan said that Royston told her he would invest, but his money was tied up in a bad divorce. He asked Milligan to find someone to kill his wife. Milligan said that she approached several people before bringing it up to Mordenti. He said that he would do it, Milligan said. After Thelma Royston's death, Milligan was interviewed by detectives. She received immunity from prosecution and admitted her role. Larry Royston committed suicide before he could be put on trial. After Monday's verdict, Thelma Royston's daughter said that she had prepared for any possibility and was relieved at the jury's decision. "I'm just praising the Lord today because justice was done," Sherri Loeffelholz said. She said that she did not want to discuss her personal views on the death penalty, but she said she was satisfied that Mordenti will spend the rest of his life in prison. "I'm absolutely fine," she said. "I'm just glad he's going to stay where he is." Mordenti's daughter, Kathleen Mordenti, was devastated at the news. "I was in the same courtroom listening to the same evidence," she said. "I'm amazed." Ernest Brown, the foreman of the jury, said that all the jurors realized that the case hung on one issue: Did they believe the testimony of Gail Milligan? When they first began to deliberate, Brown said, the jury was split 10-2 in favor of conviction. After two hours, one of the not-guilty votes changed to guilty. After 4 hours, they reached a unanimous decision. Had prosecutors asked for the death penalty, those voting guilty would have had a more difficult time convincing the other 2 to change their votes, Brown said. In the end, jurors felt that Milligan had no reason to lie after she was given immunity from prosecution. Also, in a taped phone conversation between Mordenti and Milligan, it was obvious to jurors that Mordenti was aware of the murder plot, Brown said. Even though they felt Milligan was truthful, the jurors were not forgiving of her actions. "Without exception, we all felt that she should be going with Michael Mordenti to jail," Brown said. (source: Tampa Tribune)
