Feb. 6 KENTUCKY: Lawyer Radolovich to give up license ---- Perjury charge came in death-penalty case Fred Radolovich, the Louisville lawyer who once falsely claimed to have prosecuted a Serbian war criminal at the World Court, has agreed to surrender his license to practice. Radolovich agreed Friday to resign from the bar in exchange for prosecutors dropping a charge that he perjured himself when speaking under oath about his experience in death penalty cases. "It has always been our belief that the interests of justice would be best served by removing Mr. Radolovich from practice, and we have accomplished that," said Assistant Commonwealth's Attorney Jeanne Anderson. She said the deal was designed to protect criminal defendants and civil clients whom Radolovich represents now or would have in the future. Radolovich, 60, who must resign by March 31, was in court in Lyon County yesterday, according to a message on his voice mail, and he didn't return calls seeking comment. His lawyer, Frank Mascagni, said: "In matters where our defense of clients overlapped, I found him to be a competent attorney. I am not going to say anything bad about the man." The perjury charge was one of a string of embarrassments in recent years for Radolovich, who was probably best known for representing Tina Conner, the mistress of former Gov. Paul Patton. In November, seven members of the U.S. 6th Circuit Court of Appeals said Radolovich did a poor job representing James Earl Slaughter, who was sentenced to death for murder in 1983. Radolovich never discovered his real name or that he had an untreated skull fracture as a child, which might have resulted in a lesser sentence. In April, a three-judge panel of the same court found Radolovich filed an "incoherent brief" in the appeal of a civil-rights case against the city of Muldraugh. It was so inaccurate he should have known it was frivolous, the panel said. The court fined him $9,500. In January 2002, The Courier-Journal reported that Radolovich had falsely asserted to the newspaper two years earlier that he was licensed in England as a barrister and that he was heading to the World Court at the Hague to prosecute a Serbian general. In May 2000, a Jefferson Circuit Court jury ordered him to pay $72,000, including $60,000 in punitive damages, to a Louisville neurosurgeon who claimed Radolovich filed a medical malpractice suit against the doctor without any evidence of negligence and without consulting an expert. Radolovich conceded that the only doctor he consulted before filing the lawsuit was one of his own clients -- a family practitioner accused of fondling patients during gynecological exams. Radolovich's deal with prosecutors stems from his indictment on a perjury charge in July 2003. He was accused of lying during a 1994 hearing in a post-conviction appeal filed by Slaughter, who said Radolovich had provided ineffective counsel at Slaughter's trial 11 years earlier. During the 1994 hearing, Radolovich said that before representing Slaughter, he had tried six death penalty cases, including four when he worked briefly at the New York district attorney's office. He also said he had headed an organized-crime unit there. But the prosecutor who supervised Radolovich in New York said in an affidavit that neither assertion was true. In an agreement approved by Judge James Shake, Radolovich agreed to withdraw from the Kentucky Bar Association and from any other state or federal bar where he is authorized to practice. Marguerite Neill Thomas, who represents Slaughter as manager of the state Department of Public Advocacy's post-conviction branch, said, "It is commendable that the commonwealth recognizes that Mr. Radolovich shouldn't represent clients anymore, but they should also set aside Mr. Slaughter's death sentence, which resulted from Mr. Radolovich's poor representation." Slaughter was convicted in the January 1983 murder of Esther Stewart, who owned a Louisville consignment store, and is on death row at the Kentucky State Prison at Eddyville. The 6th Circuit's 7-7 vote sustained his conviction and sentence; Thomas said she expects to file a motion by March 1 asking the U.S. Supreme Court to hear the case. Anderson, the prosecutor in the perjury case, said in an interview that she believes the bar could have acted against Radolovich more quickly after his indictment four years ago. The case was set for trial several times but continued. KBA President Bob Ewald said the bar usually waits until a prosecution runs its course because a felony conviction means that disciplinary sanctions against the lawyer are automatic. "We don't like to interfere with commonwealth's attorneys and their prosecutions," he said. The bar's chief disciplinary counsel, Linda Gosnell, confirmed it had investigated Radolovich for his assertions about his role at the World Court. But the investigation foundered because Radolovich claimed through counsel he was misquoted, and the newspaper declined to provide notes or tape recordings of its initial interviews in which it said he made the claims, Gosnell said. The Courier-Journal's lawyer, Jon Fleischaker, told the bar in a May 2002 letter that the reporter who wrote the story had left the newspaper and that the newspaper didn't know if any notes or tapes any longer existed, although it generally doesn't provide such materials to state agencies anyway. But he said Radolovich never told the newspaper that the original article was "false or misleading in any respect." Several Louisville lawyers who have practiced with Radolovich described him yesterday as a competent trial lawyer with a tendency to exaggerate. (source: Courier-Journal) USA: Is the tide turning on the death penalty? IS AMERICA'S execution system grinding to a halt? Following a series of court rulings and decisions by governors, the death penalty is on hold or not used in more than 1/2 of U.S. states--which together account for nearly 2/3 of the population. The total number of executions in the U.S. dropped again last year to 53, a decline of almost 50 % in the past 7 years since the high point of the 1990s surge in executions. The number of death sentences imposed by juries also fell last year, to the lowest level since the death penalty was reinstated in 1976. Capital punishment has been under scrutiny throughout the decade, but the issue is back at center stage right now--chiefly because of questioning of the lethal injection procedure used in 37 of the 38 states that have the death penalty. Long considered a swift and humane method of execution, evidence has come to light showing that lethal injection may be little more than state-sanctioned torture. On the same day in December, California and Florida, which have the largest and 3rd-largest death rows respectively, halted death sentences being carried out--as a result of botched executions in both states. What you can do For more information on the struggle against the death penalty and how to get involved, see the Campaign to End the Death Penaltys Web site. At the beginning of this month, Tennessee became the latest state where the death penalty was put on hold, when the pro-death penalty governor stopped four executions until state officials reviewed the lethal injection procedure. In North Carolina, judges halted 3 executions at the end of January after the North Carolina Medical Board decided any participation by a doctor in executions violated its ethics policy. The effective moratoriums related to lethal injection aren't permanent. The Florida halt on executions, for example, could be reversed by the new governor this month or next. And Texas, the capital of the U.S. death machine, isnt slowing its murder spree. Nevertheless, the extent of recent legislative developments around the death penalty shows how far the tide has turned. In New Jersey, an independent commission supported abolishing the death penalty because of "increasing evidence that the death penalty is inconsistent with evolving standards of decency," according to the commission report. The state legislature is expected to pass abolition legislation in the coming months, and Gov. Jon Corzine has said he will sign it. In Maryland, where executions were halted in December because of a lack of public review of the lethal injection procedure, the new governor, Martin O'Malley, has said he, too, will sign a bill abolishing the death penalty if the legislature passes one. In Illinois, state Sen. Mattie Hunter will unveil legislation to abolish the death penalty later this month. Illinois has had a moratorium on all executions, declared in January 2000 by former Gov. George Ryan. 3 years later, Ryan cleared the state's death row, granting pardons to 4 prisoners who were shown to be innocent, and commuting the death sentences of every other prisoner. Other states ranging from Kansas and Nebraska to New Mexico and South Dakota are considering legislation to stop the death penalty. Though these bills are less certain of passage, they have advanced much further in the legislative process than previously, when they typically stalled in committee, without being debated. "The changes that have taken place in just the last few months are astonishing," says Marlene Martin, national director of the Campaign to End the Death Penalty. "The number of abolition and moratorium bills being put forward right now is I'm sure the most ever since reinstatement. "That's not only because lethal injection is raising questions, but more generally the unraveling of the death penalty system--because of innocent people walking off death row, because of activists exposing the flaws of the system, because of continued pressure inside and outside the courtroom. "Now, judges are literally scrambling to come up with a humane way to kill someone. But doctors and anesthesiologists are standing up and refusing to be part of the process. The problems around lethal injection are snowballing, and it's going to be hard for them to 'fix' the system. They will try. But it would be a mistake if abolitionists were to see lethal injection as a technicality that can be easily pushed aside. "The courts and the politicians are under pressure to sustain the legitimacy of the criminal justice system. Innocent people walking off death row and revelations of the barbarism and incompetence that takes place in the death chamber are giving the whole system a black eye. This is a crack in the system that activists can push open--and say that no matter how you mix the chemicals, theres no right way to do the wrong thing. We have to push forward on every front right now." (source: Socialist Worker Online) CALIFORNIA: Danielle's killer will die of old age In reading the article on the loss of a beautiful little girl ( "Van Dam case helped change sexual predator laws," Feb. 1), I read nothing but smoke to sell papers and nothing to stop any other like happening from occurring again, because the sanctions imposed never take place. There isn't one law or bill proposed that will prevent the same thing happening again here in California. Even if one was written, all three of the main bodies of this government think more of protecting this killer than seeing that his punishment is carried out as written in law. It doesn't take a genius reporter to write something that will inform the public that for killers like David Westerfield, when they do a like deed, meaningful punishment could descend upon them but doesn't. In today's legal process the attitude is "don't make waves" and delay this punishment happening to where the public's mind is on other issues and this killer will be housed for 25 more years with the possibility of the court action that will be started all over again with the same aftermath. Reporter Teri Figueroa fails the public miserably by not informing them that more than 150 death row inmates have been on death row for more than 20 years with no end to their appeals in sight, or that there are two that have been on death row since 1978 with no end to their appeals in sight. All of this information implies that Westerfield has an almost 100 % chance of dying of old age on death row than being punished as the court has assigned. What does this tell other animals that molest children? It states in gigantic letters that if they do get caught, they will be in another society wherein the government houses and feeds them and gives them better medical treatment than the hardworking, morally sound people on the outside will ever get. This reporter failed to inform the public that more than 700 killers have been sent to death row and only 13 have been punished as assigned. It doesn't take a grade-school child to do the math and understand that if you kill someone here in California, your chance of being executed is 1.8 percent. So where is the deterrence? Any punishment is supposed to send a message to the masses that, if they do a like deed, this will happen to them. As it stands now, no matter what the trial states, when you receive the death penalty, you have a better chance of getting a college degree on death row than of ever being executed. With this article, Ms. Figueroa and the editorial staff of the North County Times have done nothing to stop this brutalization of small children. They shed a tear. Did you read one sentence in this lengthy article that informed the Van Dam family that they will be on hold for another 25 years waiting to see if the judiciary starts their hurt all over again? By this paper's inaction, could it be stated that it is a party to this type of crime against children? (source: North County Times---- Carlsbad resident George H. Cullins has been an advocate for crime victims and expedited death sentences since his daughter, Janette Anne Cullins, was slain in her Pacific Beach home in 1984. Her murderer, Dean Phillip Carter, was also convicted of murdering three other women in Los Angeles County that year, among other crimes. After he was sentenced to death in 1991, it took the state Supreme Court more than 15 years to affirm the sentence; Carter's sentence is now in the federal appeals process) ALABAMA: Needling us to action THE ISSUE: Tennessee's governor has put executions on hold while the state studies its procedures for lethal injection. Alabama needs to go even further. By most standards, Tennessee Gov. Phil Bredesen didn't do anything amazing. But it is hard to imagine such an extraordinary thing happening in Alabama. Which is a shame. All Bredesen did was acknowledge problems in the state's protocols for lethal injection - problems he said required him to call a 90-day moratorium on the death penalty and postpone four pending executions. Mind you, the governor didn't change sides in the death penalty debate. He didn't call for a big, open-ended moratorium on capital punishment. He merely conceded that the state's specific execution guidelines were outdated, vague and vulnerable to legal challenges. Bredesen said lethal injection procedures will be reviewed "from top to bottom." The development in Tennessee mirrors a larger national trend as states and courts examine lethal injection procedures. A federal judge ruled last year that California's methods violate the Constitution's ban on cruel and unusual punishment. Closer to home, then-Florida Gov. Jeb Bush suspended all executions in his state last year and appointed a commission to review lethal injection procedures. Bush's action came after a flubbed execution in which the needle overshot an inmate's veins, resulting in what experts fear was a painful, 34-minute death. We're well aware that a slow, agonizing death is what some people believe convicted killers deserve. But in a civilized society, desires for vengeance must be tempered by humanity and justice. Our Constitution requires it. If there are valid concerns about lethal injection procedures, the only right response is to hold off on any executions and to ensure the methods are medically sound and humane. So how much more should executions be suspended in Alabama, where the problems with capital punishment go far beyond how the needle is inserted, what drugs are injected and at what intervals? Here, people facing the ultimate punishment too often don't even receive adequate legal representation, much less the vigorous defense that should be required in death penalty cases. Juries can unanimously recommend a life-without-parole sentence, only to be overruled by a judge who can't afford to appear "soft on crime" as he seeks re-election. The difference between life and death often seems to come down to such arbitrary factors as race, social standing, even geography. Yet year after year, proposals to temporarily stop executions die an agonizing death in our Legislature. Since legislators have failed to act, Gov. Bob Riley should build on the example set by his Tennessee counterpart. As governor, Riley can singlehandedly block executions, and he doesn't even have to have a good reason. But the truth is, Riley has no shortage of good reasons to call at least a temporary halt to executions until the state ensures the death penalty is applied fairly and accurately. It would be an extraordinary action for Riley to take, for sure. But it is the right thing to do. (source: The Birmingham News) FLORIDA: Expert: Executioners ignored key signs in botched killing Executioners ignored clear signs something was wrong as they administered drugs to a convicted killer who took twice the normal time to die and had chemical burns in his arms, an expert told a panel reviewing Florida's lethal injection procedures Monday. Dr. Denise Clark, a physician from Orlando who specializes in vein therapy, testified the executioners who reported trouble pushing a deadly chemical mix into the veins of Angel Nieves Diaz on Dec. 13 should have known their intravenous lines were not properly inserted. "You would know right away. You would see there is a problem," Clark told the panel Monday. "It shouldn't be difficult. If it is in the proper place, it shouldn't require a lot of force." Diaz's execution took 34 minutes -- twice as long as usual -- and required a rare 2nd dose of lethal chemicals because the needles were incorrectly inserted through his veins and into the flesh in his arms, a medical examiner reported. An autopsy found chemical burns in both his arms, and some experts said in interviews that Diaz probably suffered excruciating pain. "It seemed to be a clearly diagnosable problem," said panel member Rodney Doss, who is also the director of victim's service for the Florida Attorney General's Office. Testimony from members of the execution team was delayed Monday because of technical difficulties with a telephone device to disguise their voices. They will testify Friday. Prison officials last week told the panel the intravenous lines appeared to be inserted correctly and the execution went normally except for the length of time it took Diaz to die. But a Department of Corrections review found the 4A-person execution team deviated from established procedure by continuing the execution after noticing problems with the first injection site. They are supposed to stop and check the site, the report said. After the botched execution, then-Gov. Jeb Bush created the panel to examine whether improvements can be made to the way lethal injections are administered. Executions in Florida have been halted until the panel releases its report, which is due to be sent to new Gov. Charlie Crist by March 1. Diaz, 55, was sentenced to death for killing a Miami topless-bar manager 27 years ago. He proclaimed his innocence to the end. Death penalty opponents have seized on the Diaz execution to bolster their claim that Florida's lethal injection procedure violates the U.S. Constitution's prohibition against cruel and unusual punishment. (source: Associated Press)
[Deathpenalty] death penalty news----KY., USA, CALIF., ALA., FLA.
Rick Halperin Wed, 7 Feb 2007 00:02:20 -0600 (Central Standard Time)