[Deathpenalty] death penalty news----CALIF., OHIO, GA., ALA.

[Rick Halperin]

June 30


CALIFORNIA:

California's death penalty process is 'dysfunctional,' panel finds----The
time from sentencing to execution is twice the national average. Panel
recommends limiting crimes eligible for capital punishment or sentencing
inmates to life without parole instead.


California's administration of the death penalty is "dysfunctional" and
"close to collapse," plagued by delays of nearly twice the national
average from sentencing to execution and drowning under a backlog of
cases, a state commission reported today.

In its final report, the California Commission on the Fair Administration
of Justice said the state's death row of 670 inmates -- the largest in the
nation -- will continue to swell unless the state nearly doubles what it
now spends on attorneys for inmates or changes sentencing laws.

In an interview, Santa Clara University law professor Gerald Uelmen,
executive director of the commission, called today's report "kind of like
poking a stick in a hornet's nest" and predicted it would receive wide
attention.

The 22-member commission, created by the Legislature to recommend
improvements in the criminal justice system, includes law enforcement and
defense bar representatives and victim advocates.

Although commissioners strongly disagreed on some issues, they were
unanimous in concluding that the current death penalty system was failing
and in agreeing that a large amount of money was needed for significant
change. The report offers alternative proposals for reform.

The commission did not advocate abolishing the death penalty but did note
that California could save $100 million a year if the state replaced the
punishment with sentences of life in prison without possibility of parole.
Death row prisoners cost more to confine, are granted more resources for
appeals, have more expensive trials and usually die in prison anyway, the
commission said in its 117-page report.

The time from death sentence to execution in California is 20 to 25 years,
compared with the national average of 12 years, the commission said. 30
inmates have been on death row more than 25 years, 119 for more than 20
and 240 for more than 15.

"The system's failures create cynicism and disrespect for the rule of law
. . . weaken any possible deterrent benefits of capital punishment,
increase the emotional trauma experienced by murder victims' families and
delay the resolution of meritorious capital appeals," the commission said.

The commission learned of "no credible evidence" that the state had
executed an innocent person but said the risk remained. 14 people
convicted of murder in California from 1989 through 2003 were later
exonerated. 6 death row inmates who won new trials were acquitted or had
their charges dismissed for lack of evidence.

Among the panel's findings:

* After sentences of death, cases are automatically appealed to the
California Supreme Court, which upholds the sentence 90% of the time,
compared with an approval rate of 73.7% in 14 other death penalty states
from 1992 to 2002. Since 1978, 70% of the cases upheld by the state and
then appealed to federal courts have been overturned.

* A 1978 voter initiative that helped make 87% of first-degree murders
subject to the death penalty dramatically increased the number of death
sentences in the state. In the year before passage of the so-called Briggs
Initiative, seven people were sentenced to death. By 2000, death sentences
were averaging 32 a year. They have since leveled off to about 20 a year.

* California's death row inmates whose sentences or verdicts were later
overturned waited an average of 16.75 years for their reprieves.

* 79 death row inmates have not obtained lawyers to handle their first
appeals, which are by law automatic, and 291 inmates lack lawyers to bring
constitutional challenges based on facts that the trial courts did not
hear. It takes inmates an average of 12 years to obtain a state high court
ruling on their first appeals.

* The California Supreme Court has such a backlog that only one appeal
from a conviction after 1997 has been resolved.

* California does not meet the federal standard for paying private lawyers
to handle death cases, and the state's method of paying these attorneys --
sometimes with flat-fee contracts -- violates American Bar Assn.
standards.

* Since the death penalty's restoration in 1978, 38 death row inmates have
died of natural causes, 14 have committed suicide, 13 have been executed
and 98 have left death row because their convictions or sentences were
overturned.

"Delays grow worse every year," the commission said.

The commission attributed the unusually high rate of reversals by federal
courts in California death cases to the availability of more federal money
for investigations, the opportunity to develop a more complete factual
record in federal hearings, and "the greater independence of federal
judges with lifetime appointments."

Law professor Uelmen, an expert on the state high court, said the
reversals were due to "the limited amount of time that the California
Supreme Court has to give these cases," adding that the high court is
"just overwhelmed with these cases."

To reduce the backlog of cases, the commission said the state would have
to nearly double its spending for lawyers and investigators, trim the
number of offenses that qualify for the death penalty or simply sentence
all death-qualified prisoners to life without possibility of parole.

"Public debate on the death penalty arouses deeply felt passions on both
sides," the report said. "The time has come for a rational consideration
of all alternatives based upon objective information and realistic
assessments."

Most commissioners recommended that the state Constitution be amended to
permit intermediate courts of appeal to decide capital cases rather than
having them go straight to the California Supreme Court. The proposal
would speed up death penalty appeals and lead to earlier executions.

There are now 21 circumstances that qualify a defendant for the death
penalty. One of the most frequently used circumstances in California is
felony murder, in which a person is killed during the course of another
felony, such as a robbery. The death penalty can be given to anyone who
participated in the robbery, not just the person who did the killing.

An alternative, the commission noted, would be to limit the number of
crimes eligible for the death penalty. If the state chooses to reduce the
number of qualifying offenses, the sentences of inmates whose crimes were
not among them should be commuted to life without possibility of parole,
the commission said.

"Taking this step would actually have little impact for the death row
inmates involved," the commission said. "Most of them will never be
executed but will die in prison."

Several commissioners presented individual reports, some rejecting any
narrowing of death-qualifying offenses and others wanting all death
sentences converted to life without parole.

The commission expires today. Gov. Arnold Schwarzenegger has vetoed three
bills that grew out of the commission's previous recommendations. Another
bill became law. Other commission proposals could be implemented without
the need for legislative action.

It will take 5 to 6 years before the full import of the commission is
known, Uelmen said. Borrowing a line from a former New Jersey chief
justice, Uelmen added: "The criminal justice system is not a sport for the
short-winded."

(source: Los Angeles Times)

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

Report: State should abolish death penalty or make drastic changes


California should either consider scrapping the death penalty or undertake
drastic reforms to its costly and "dysfunctional" capital punishment
system, according to a 107-page report issued today by a key state justice
commission.

While the California Commission on the Fair Administration of Justice fell
short of recommending abolition of the state's death penalty, the report
painted a bleak picture of what it labeled a "broken system."

The report called for a number of reforms aimed at ridding the state of
the worst death row backlog in the nation, speeding up an appellate
process that drags on for decades, improving death row representation and
forcing prosecutors to be more selective in the cases they choose to press
for the ultimate punishment.

"Doing nothing would be the worst possible course," the report said.

The report is the final chapter for the commission, established 3 years
ago to explore all aspects of California's criminal justice system,
including the death penalty. The commission, chaired by former Attorney
General John Van de Kamp, has already recommended a number of reforms that
were approved by the Legislature, such as safeguards to ward off false
confessions, faulty eyewitness testimony and the overuse of jailhouse
informants. However, all of the commission's legislative reforms have been
vetoed by Gov. Arnold Schwarzenegger.

The death penalty report comes amid a de facto moratorium on executions in
California as a result of legal challenges to lethal injection. Despite a
U.S. Supreme Court ruling earlier this year upholding a similar execution
method in Kentucky, a federal court challenge to California's lethal
injection process remains on hold in a case brought by death row inmate
Michael Morales.

A federal judge in San Jose is waiting for the state courts to address a
separate legal challenge to the state's overhauled lethal injection
procedure, and that case is now bogged down in an appeals court.

Meanwhile, the commission's death penalty report devoted much of its
agenda to the legendary delays in California's system, where 670 inmates
are now on death row and it takes an average of 25 years between trial and
execution. Thirteen inmates have been executed since the death penalty
resumed in 1978.

"It is the law in name only, and not in reality," the report said.

Among the report's findings and recommendations:

 The state could choose to eliminate the death penalty and convert the
maximum punishment to life in prison without the possibility of parole,
saving hundreds of millions of dollars per year. "With a dysfunctional
death penalty law, the reality is that most California death sentences are
actually sentences of lifetime incarceration."

 If the state retains the death penalty, the number of crimes eligible for
a death sentence should be slashed to just 5 special circumstances:
multiple murder; killing a law enforcement official; committing murder in
a prison or jail; murdering witnesses or others involved in a case, such
as prosecutors and judges; and torture. The move would cut California's
death row nearly in half, and reduce the future number of death sentences.

 Establish a statewide "death penalty review" panel to monitor how the
system is handling death penalty cases. Among the key issues to be
monitored would be how prosecutors in each county choose to seek the death
penalty; the report found most prosecutors across the state reluctant to
share such information, although Santa Clara and San Mateo counties did
cooperate.

 Vastly expand 2 state defender organizations to eliminate the long delay
in finding lawyers to handle death penalty appeals. The report calls for
expanding the Habeas Corpus Resource Center from 30 to 150 lawyers, and to
nearly double the state public defender's office to more than 70 lawyers.

 Ensure that every county meets the American Bar Association's standards
for lawyers who handle death penalty trials, including guarantee 2 defense
lawyers in any capital case. Many counties do not adhere to ABA standards.

The commission is scheduled to hold a press conference this afternoon in
Sacramento to discuss the report. The board also will release comments
from various individual members, including Attorney General Jerry Brown.

(source: San Jose Mercury News)

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

Survivors of Murder Victims Applaud Report on California's Death Penalty


Commission Report Highlights Many Problems with California's Death Penalty
and Encourages Californians to Consider Alternatives

The California Commission on the Fair Administration of Justice issued the
state's first comprehensive report on California's death penalty today.
The 116 page report identifies many problems with the state's death
penalty, concluding that it is "dysfunctional" and quoting the Chief
Justice of the California Supreme Court who said the system may "fall of
its own weight" if nothing is done.

During a series of hearings around the state, the Commission heard from a
growing segment of advocates who oppose the death penalty: family members
of murder victims whose personal experiences with the system have lead
them to become ardent, outspoken advocates for alternatives to the death
penalty.

15 survivors of murder victims opposed to the death penalty testified at
the Commission's three public hearings in Sacramento, Los Angeles and
Santa Clara. These witnesses, who are active with the coalition California
Crime Victims for Alternatives to the Death Penalty (CCV), are also
available for comment this week.

Many CCV family members told the Commission that funds now spent on the
death penalty would be better used helping victims, solving unsolved
murders, and preventing violence. Others emphasized the negative impact of
the death penalty appeals process on survivors of murder victims.

Witnesses included:

* Nick and Amanda Wilcox (Grass Valley), who testified on the anniversary
of their daughter Amanda's murder. Amanda was working at a mental health
clinic when she was killed by a patient. The Wilcoxes have become leading
advocates for expanding treatment for the mentally ill to prevent
violence.

* Barbara Zerbe Macnab (San Francisco), who testified that, despite her
mother's pleas for clemency, 2 men were executed for the murder of her
father when she was just eight years old, causing even more anguish to
their family.

* Aba Gayle, who testified that, despite her requests, the Placer County
District Attorney continues to pursue lengthy appeals seeking to reinstate
the death sentence for the man who killed her daughter Catherine. At the
time of the trial, Aba Gayle supported the death penalty. Ten years later,
she realized that holding on to the anger and anticipating the execution
would not help her heal.

* Vera Ramirez-Crutcher (Ventura), who testified about the anguish she
experienced when her son David was murdered trying to protect his
girlfriend, but who has always opposed the death penalty on religious
grounds.

* Dawn Spears (San Jose), who became the primary caretaker of her 3
grandchildren when her daughter Tameca was murdered, testified that she is
opposed to the death penalty, as was her daughter.

"I am pleased that the Commission reported noted the moving testimony of
the people who have personal experience with the system," said Judy Kerr,
spokesperson and victim liaison for California Crime Victims for
Alternatives to the Death Penalty (CCV). "Ours is an important voice in
this debate." Family members of murder victims were instrumental in the
persuading the New Jersey legislature to end the state's death penalty.

Aundr Herron, a former prosecutor who now represents people on death row
and whose brother, Danny, was murdered remarked, "The death penalty does
not help us heal; rather than honoring my brother, executing his killers
would have forever tied his memory to an act of revenge."

"Californians should consider how we can best help the survivors of murder
victims rebuild their lives and prevent more murders?" asked Kerr. "I
believe the first step is to replace the death penalty with permanent
imprisonment."

(source: California Crime Victims for Alternatives to the Death Penalty)





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

What we sacrifice on death row


The best-kept secret in California is the real cost of the death penalty
system.

I remember my first PTA meeting at my son's public high school in San
Francisco. Parents discussed how they were going to spend the money they
had accumulated from their fundraising efforts. The group decided to spend
a portion on photocopying books so that students would not have to share.
I was shocked to learn that our school did not have enough money to
provide each child with a book - so I rolled up my sleeves and joined the
fundraising team. Our efforts supplied the students with books, sports
uniforms, musical instruments, computers and printers. That was 16 years
ago. I didn't know how good we had it. If the governor's proposed funding
cuts take effect for the coming fiscal year, California will drop from our
current rank of 49th to 50th in the country for per pupil funding for
education.

But for some reason, the state's coffers seem to be wide open when it
comes to carrying out the death penalty in California. Most people think
we save money with executions - that it is cheaper to execute prisoners
than to lock them up until they die of old age, illness or injury.

Nothing could be further from the truth.

We spend an estimated $117.35 million annually to keep the death penalty
on the books in California when we have an alternative: permanent
imprisonment. This sentence costs far less - about $23 million a year -
and is a severe, swift and certain punishment. It allows the victims'
families to move on with their lives, knowing that the convicted murderer
will never be free and society will be safe.

Capital cases are expensive because they are so complex; they require more
lawyers, more experts, an extensive jury selection process, and 2 trials
(one to determine guilt and one for sentencing) - all constitutionally
required to help prevent the conviction and execution of the innocent.

Conversely, executing those on death row (673), or waiting for them to die
of other causes, will cost California an estimated $4 billion more than if
they had been sentenced to permanent imprisonment.

Every tax dollar spent on executions is a tax dollar not available for
education. Why are we willing to spend so much money trying to kill
prisoners and not on the education of our children? What could $117.35
million dollars a year buy for our public schools?

The real cost of the death penalty is what we sacrifice for it. Perhaps we
should join all the other Western democracies that have abolished capital
punishment and put our tax dollars to better use.

(source: Nancy Oliveira is the former president of Lowell High School PTSA
and San Francisco 2nd District PTA. She has been a resident of San
Francisco for 35 years. She also serves on the Board of Death Penalty
Focus.----Letter to the Editor, San Francisco Chronicle)

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

Death Sentence Upheld In Sonoma Family Slayings


The California Supreme Court Monday upheld the death penalty of Ramon
Salcido, a Sonoma County winery worker who killed 7 people, including his
wife and 2 of his 3 daughters, in 1989.

The murders began when Salcido, after a night of taking cocaine and
drinking sparkling wine, drove his 3 young daughters to a quarry used as a
dumpsite, cut their throats and left them there.

4-year-old Sofia and 1-year-old Theresa died, but Carmina, who was nearly
3, survived.

Salcido then fatally stabbed his mother-in-law, Marion Richards, 47, and 2
young sisters-in-law, 12-year-old Ruth and 8-year-old Marie at their home
in Cotati.

He then shot and killed his wife, Angela, 24, in their apartment at Boyes
Hot Springs and shot his supervisor, Tracey Toovey, and attempted to
murder another supervisor, Kenneth Butti, at the Grand Cru winery in
Kenwood.

Salcido then fled to his native Mexico, where he was arrested five days
later and extradited to the United States.

His daughters were discovered the day after Salcido slit their throats.
The surviving child, Carmina, who was near death, told hospital workers,
"Daddy cut me."

Carmina was later raised by an adoptive family outside of California.

Salcido was convicted and sentenced to death in San Mateo County Superior
Court in 1990. His trial was moved to San Mateo County because of
extensive pretrial publicity.

The high court, in a ruling issued in San Francisco, unanimously rejected
a series of arguments in Salcido's appeal, including a claim that a
confession he gave after being returned to the United States was not
voluntary.

Chief Justice Ronald George wrote for the court that the evidence showed
the confession was voluntary.

George wrote, "The record evidence amply reflects defendant's personal
willingness, if not desire, to discuss his crimes."

Salcido can now continue appeals with state and federal habeas corpus
petitions. His attorney, Conrad Petermann, said a state habeas corpus
petition is now pending in the California Supreme Court.

Petermann said he had not studied Monday's ruling and could not
immediately comment.

(source: KTVU News)






OHIO:

Attorney: Pursuing death too costly


A local defense attorney is questioning the decision to seek the death
penalty against a man accused of killing his brother and a neighbor.

Eric Miller raised the issue in the case of Larry Evans, 40, of Epworth.

"The costs are substantially greater as soon as you add the death penalty
specs," Miller said. "The additional cost is -- at the low end --
$100,000."

Evans is charged with 2 counts of aggravated murder for the early-morning
Dec. 26 shootings outside his residence.

Evans is accused of killing his brother, Brian Evans, 37, a Mansfield
police officer; and his neighbor, Robert Houseman, 44.

The former corrections officer at Mansfield Correctional Institution also
allegedly shot his sister-in-law and sister, who sustained non
life-threatening injuries.

Evans qualifies for the death penalty because there were 2 victims and one
was a police officer in the line of duty.

That's not enough for Miller.

"You shouldn't seek the death penalty every time that a simplistic view of
the elements shows you've got it," he said. "You save it for the very
worst offenders."

Richland County First Assistant Prosecutor Brent Robinson said he couldn't
respond to questions, "because of Ohio ethical rules, we cannot comment on
a pending criminal trial."

Miller sent letters to various local officials, including county
commissioners, with his concerns but got no response.

Commissioner Gary Utt acknowledged he, Ed Olson and Tim Wert have received
Miller's letter but haven't discussed it. He said he didn't feel prepared
to comment.

When asked if justice has a price, Miller said the county puts a price on
it "almost daily."

"Plea bargaining is often influenced by cost," he said. "Indicted
criminals who are picked up out of state are not always extradited because
of transportation costs.

"People who violate their probation often get another chance because of
the cost of incarceration. Criminals with medical problems often get
probation because of the cost of treatment."

Miller said he is not against the death penalty.

He maintains the ultimate consequence should be reserved for the worst of
the worst. He said he doesn't think Larry Evans fits in that category.

"How does he compare to the murderers, the ones who really scare citizens,
those who plan their crime over a substantial period of time and go about
it in a very cold-blooded way?" Miller asked.

Miller wonders if Evans has mental issues. Prosecutors asked for a $1
million cash bond in part because of psychiatric problems. Evans
surrendered more than 3 hours after the shootings, unarmed and naked.

Evans has been declared competent to stand trial after an evaluation by a
forensic psychologist.

Miller said he's not saying the state can't get a death penalty sentence
in the trial, which is scheduled to start Sept. 2.

"(But) I don't think it will hold up under repeated appeals," he said. "At
some point, someone's going to say, 'You fell short of the emotional
requirements.' "

(source: Bucyrus Telegraph Forum)






GEORGIA:

The Georgia Supreme Court:


Reinstated the death sentence against Andrew Allen Cook, condemned to die
for the shooting deaths of Mercer University students Grant Patrick
Hendrickson and Michele Lee Cartagena in 1995 in Monroe County. After the
couple parked at midnight by Lake Juliette, Cook, then 21, walked up and
shot them repeatedly with an AR-15 assault rifle and a handgun. A state
court judge had previously thrown out Cook's death sentence on the grounds
his trial lawyer did not adequately investigate a mental health defense.

Upheld a lower court ruling that threw out the death sentence against Mark
McPherson, who killed his 56-year-old girlfriend, Linda Ratcliff, in March
1998 in Floyd County. The state Supreme Court said McPherson should be
granted a new sentencing trial because his trial lawyer had failed to
present evidence of McPherson's abuse and neglect when he was a child and
his drug and alcohol addictions and his mental health problems as an
adult.

(source: Atlanta Journal-Constitution)






ALABAMA:

Golden's shooter gets death sentence


The Huntsville man found guilty of capital murder in the shooting death of
Officer Daniel Golden, a Lincoln County native, will face death by lethal
injection, a jury decided last week.

Golden, an officer with the Huntsville Police Department, was gunned down
in the parking lot of a Mexican restaurant almost three years ago. His
shooter, Benito Albarran, was found guilty of capital murder 2 weeks ago.
That same jury deliberated about 5 hours Thursday and voted 10-2 to
recommend death by lethal injection for Albarran.

Golden's family was on hand for the sentencing, just as they were for the
entire trial that started in early June.

"We've prayed about this for almost three years now, and I think God has
finally answered our prayers," Goldens widow, Donnessa, told reporters in
an emotional news conference just after the sentencing Thursday.

Goldens parents, Diannah and Kenneth Golden, also addressed reporters,
giving high praise to the district attorney's office who prosecuted
Albarran, as well as the Huntsville Police Department.

Mrs. Golden said a strong message was sent with the jurys verdict of death
of lethal injection.

"The loss of Daniel we can never, ever move on from, but we can put this
part behind us," Mrs. Golden said. "We're so thankful for what everyone
has done. They've shown our family such love for 3 years.

"The people on the jury are a reflection of the people that are in the
County of Madison and City of Huntsville. They've shown the love for their
officers and letting the word get out that you cannot, you cannot, do this
to these police officers and get by with it, whether you are a citizen or
are an illegal immigrant."

"I don't have the words to express my loss for Daniel," Golden's father,
Kenneth, said. "This verdict is never going to change that. I dont know
the meaning of justice, but I believe in this case the right sentence was
given for the crime."

Mr. Golden expressed appreciation to prosecutors and the Huntsville Police
Department.

"They've been a class act all the way through," he told reporters, "and
they've shown us nothing but support. If Daniel is looking down right now,
he's smiling."

Daniel Golden's brother, David, said the verdict was a victory for
Huntsville police.

"Daniel was the only brother I ever had," David said. "  Not a day goes
by, not a second goes by, that I don't think about him. We can never get
Daniel back, ever," he said.

"HPD (Huntsville Police Department) won today," David added. "The message
was said  if you hurt an HPD officer, you will pay the ultimate price."

"It's not going to bring Daniel back," Kenneth Golden said of the death
sentence handed down. "It's a little bit of closure, but the fact is there
will be appeals from now until doomsday.

"He's sitting on death row, and that's where hell be until the day they
stick him in the arm and put him to sleep, and that's too good for him
because he didn't give Daniel a chance.

"Daniel didn't get the benefit of a month-long trial and all the
high-dollar lawyers and all the paid witnesses they brought in," Mr.
Golden added. "Daniel didn't get any of that. Albarran was Daniel's judge
and jury."

Albarran's attorneys plan to appeal the death sentence.

(source: Elk Valley Times)