[Deathpenalty] death penalty news----TEXAS, CONN., MONT., N.MEX., UTAH

[Rick Halperin]

June 22




TEXAS:

West Texas man executed in murder


A West Texas man who kidnapped his ex-girlfriend and beat her to death
with a claw hammer was executed Thursday afternoon for the 1998 crime.

Gilberto Guadalupa Reyes, 33, was pronounced dead at 6:17 p.m., eight
minutes after the leth dose began to flow.

Reyes did not look at the family of his victim, 19-year-old Yvette Baiz,
as they stood near the head of the execution gurney, separated by glass
and metal bars.

"I love ya'll and I miss ya'll," Reyes said, beaming from ear to ear with
a smile. He did not specify to whom he was speaking.

Baiz's mother, father, brother, sister and uncle all stared ahead in
silence, seemingly unmoved by the scene.

Reyes requested BBQ turkey and brisket for his last meal, along with a
bowl of cheddar cheese and avocados.

On March 11, 1998, Barraz did not return home from a restaurant in
Muleshoe, Texas, a town along the Texas-New Mexico state line northwest of
Lubbock, where she worked as a waitress.

Baiz was found in the back of Reyes' car, parked behind a store in
Presidio, a Texas border town. Reyes had left the gray 1996 Mitsubishi
hatchack at the Budget Dollar Store and crossed the border on foot in
Presidio, some 450 miles south of Muleshoe.

Reyes, 33, was the 17th inmate executed this year in the nation's most
active capital punishment state and the 2nd in as many days. Another
execution is set for next week.

The U.S. Supreme Court in March refused to review Reyes' case, and a
federal lawsuit on his behalf challenging the constitutionality of the
Texas lethal injection procedure was dismissed Monday by a federal judge
in Houston. No additional appeals were filed by his lawyer.

"I think that's what he wants," attorney Paul Mansur said after meeting
with Reyes on death row this week. "Just let it go."

Reyes already was known to local police. A month earlier, he chased Barraz
around town, took a shot at her with a rifle, wound up getting arrested
and was free on bond.

"We certainly wanted to find him and visit with him," recalled Don Carter,
the former Muleshoe police chief. "I don't think you have to be in law
enforcement to figure that deal out. And the fact was we never could find
him, which just made him even more so a suspect."

Blood evidence found outside the restaurant where Barraz worked led police
to believe she was attacked there. Before dawn the next morning, border
police questioned Reyes as he was walking toward Mexico across the
International Bridge at Presidio. He was carrying as much as $100 in coins
but authorities could determine no reason to detain him and allowed him to
continue into Mexico.

It would take another nearly three months before police arrested Reyes in
Portales, N.M., about 40 miles west of Muleshoe. When picked up, he was
carrying keys to Barrazs car and home.

"The sad part about it was he crossed over by the time she was determined
to be a missing person," said Carter, now a captain with the Lubbock
County Sheriffs Department. "So we were just behind him, and since he got
across the border, it delayed apprehension."

Reyes at some point returned to the United States and acting on a tip,
authorities arrested him about 3 months after the slaying in Portales.

At his trial, witnesses told of Reyes and Barraz having a stormy
relationship. A police officer testified Barraz had complained about Reyes
stalking her 2 weeks before she disappeared. DNA evidence from Reyes was
found on the victim's clothing.

A Bailey County jury deliberated about 2 hours before convicting him of
capital murder. They took another 2 hours before deciding on the death
penalty.

"She was a beautiful, vivacious, respectful young lady," said Victor Leal,
a former Muleshoe mayor who ran the restaurant where Barraz had been
working for several months. "I regret the fact apparently he'd been
stalking her and she did not tell me that.

"Ive always looked back and thought if I had taken time, sat down and
known her a little better, maybe she would have shared that with me and I
would have done something like make sure she was getting walked out to her
car."

(source: Huntsville Item)

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

Texas execution toll reaches 17, 2 just this week-----State leads nation
in capital punishment; 11 executions pending


Gilberto Reyes was executed Thursday night for stalking and murdering his
ex-girlfriend, Yvette Barraz. He is the state's 17th inmate executed this
year and the second this week. Eleven state executions are pending until
Oct. 3, according to a list of scheduled executions on the Texas
Department of Criminal Justice's Web site.

Texas leads the nation in capital punishment.

Michelle Lyons, spokeswoman for the criminal justice department, said
there is no specific reason why the high number of executions have been
scheduled back to back.

"When judges schedule executions, they don't have access to information
that tells when someone else is scheduled for execution," Lyons said.
"It's quite possible for 2 executions to happen in the same night."

Lyons said more will take place into December but have not yet been
formally scheduled.

Reyes, now 33, was convicted in the capital murder of 19-year-old Barraz
in 1998. Blood found in a restaurant parking lot where she worked led
police to believe she was attacked there.

According to a report released by Attorney General Greg Abbott, Barraz's
body was found in the hatchback area of her car, parked behind a store
near the border to Mexico two days after she was last seen. Reyes had
driven her car 450 miles south of Muleshoe, Texas to Portales, New Mexico,
where he crossed the border. Barraz had multiple head wounds from a claw
hammer and a laceration on her hand from a knife, and her pants and
underwear were pulled down to her knees.

Reyes was arrested almost three months later for possession of Barraz's
car and house keys. DNA testing confirmed the blood found in Barraz's car
and the semen in her underwear belonged to Reyes, according to the report.

He was sentenced to death by the 287th Judicial District Court of Bailey
County, which is near Lubbock.

Lethal injection is the only method of execution in the state of Texas.

The procedure consists of a lethal dose of sodium thiopental to sedate the
person; pancuronium bromide, a muscle relaxant which collapses the
diaphragm and lungs; and potassium chloride, which stops the heart. The
offender is usually pronounced dead about seven minutes after the lethal
injection begins and the cost of drugs per execution is $86.08.

David Elliot, a spokesman for The National Coalition to Abolish the Death
Penalty, said the reason the death penalty is so costly is because of the
lengthy trial process.

"The first trial is done to determine guilt or innocence," Elliot said.
"The 2nd determines punishment, which gets expensive because expert
witnesses testify. Plus there's the endless, mindless bureaucracy of
appeals."

In March, the U.S. Supreme Court denied review of Reyes' case and a
federal judge in Houston dismissed a lawsuit challenging the
constitutionality of the Texas lethal injection procedure on Monday.

"His case was dismissed because they all are, basically," said Paul
Mansur, Reyes' attorney. "It's the nature of the way things are going, and
Reyes was treated no differently than anyone else."

Mansur said he picked up this case when the original attorney withdrew.

"I've worked on this case since 2006 and did the 5th Circuit appeal for
him and appealed his case to the U.S. Court of Appeals," Mansur said.

Mansur said Reyes told him he wasn't willing to press on and didn't direct
him to file another appeal with the 5th Circuit Court of Appeals. Mansur
also said he'll probably be in Huntsville Thursday night, but he's not
going to the execution.

The National Coalition to Abolish the Death Penalty is opposed to the
death penalty in all situations, Elliot said.

"We feel life in prison without parole is an alternative to keep the
public safe," he said.

(source: The Daily Texan)

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

Dad claims son no longer suffers from outbursts


Ralph Ward took the stand Thursday during the sentencing phase of his
son's capital murder trial and claimed Adam Kelly Ward no longer
experiences the violent outbursts which were a hallmark of his youth.

While previous witnesses have testified Adam Ward, 24, has suffered from
psychotic behavior and delusions, Ralph Ward said much of the defendant's
violent tendencies had all but disappeared by the time he reached
adolescence.

"They were pretty much over with by 12 or 13," Ward said. "A great deal of
those were induced by allergies. He was diagnosed as having food and
environmental allergies that were neurologically manifested. He basically
grew out of the allergies; most of them, but not all of them."

Ward has been found guilty by a jury in the 354th District Court of
capital murder in connection with the June 13, 2005 shooting death of
Commerce Code Enforcement Officer Michael "Pee Wee" Walker.

The same jury will now decide whether Ward will receive life in prison or
death by lethal injection as punishment.

Prosecutors have claimed Ward acted in cold blood when he chased Walker
and shot him as many as nine times when he saw the victim taking photos of
alleged code violations at Ward's home on Caddo Street.

Ward's defense attorneys have attempted to prove Ward was suffering from a
psychotic disorder and paranoid delusions at the time of the shooting, and
have claimed the defendant's actions were the result of years of
indoctrination by Ralph Ward, who had a history of confrontations with
government officials.

Judge Richard A. Beacom told the jury at the close of testimony Thursday
there would be one more day of witnesses today and that the panel could
receive the case to begin deliberations by early next week.

Ralph Ward was on the witness stand much of the day Thursday, as he
responded to defense allegations his son was part of an ongoing war with
the City of Commerce.

Ralph Ward admitted to clashes with officials from the Commerce
Independent School District over methods being used to teach his son. The
dispute resulted in Ward threatening to file a $28 million lawsuit against
the district over the implementation of a program to address his son's
alleged dyslexia. Ward said he occasionally would appear at the school
unannounced, in order to "catch them in the act" of not using the program.

"What we were interested in was Adam's education and it had been
negatively impacted," Ward said, claiming that later actions by the
district to try and return Ward to another system were retaliatory in
nature.

He agreed that counseling was important for his son when he was younger,
but questioned whether it would be helpful as the child grew older and
more intelligent.

"Adam could manipulate the system," he said.

Ward, who possesses a doctorate degree in education and manufacturing
technology, said he took it upon himself to help teach his son as he grew
older, as the defendant still suffered from dyslexia -- which Ward said he
diagnosed -- while attending Paris Junior College.

"If he was shown, if he was told verbally how to do it, if he had a chance
to do it himself, then it was there," Ward said.

Ward said he also diagnosed his son with bi-polar disorder early in life
and brought it to the attention of Commerce school officials, even though
several other doctors disagreed with the assessment.

"I supplied the school district with volumes of information," Ward said.

Ward said he did have disagreements with the City of Commerce code
enforcement office over citations which were being written for items being
stored in front of their house on Caddo Street, while other nearby homes
which he believed were in far worse shape were never ticketed.

"It was one of those situations where we were being singled out by the
city and kind of picked on," Ward said.

Ward also took credit for ridding his neighborhood of at least one "drug
house," at which he said exotic dancers lived and cars would arrive and
leave at all hours of the night. Ward said he often called in complaints
of illegally parked vehicles at the residence to have the police arrive,
although he said the officers would never take action.

Ward said the his son adopted his attitude toward illegal drug usage.

"He was raised in a philosophy to hate drug dealers and junkies," Ward
said. "That's because of the disruption of the neighborhood."

Ward also testified Adam Ward developed a distrust of black males, due the
alleged mistreatment his son received while in school.

"He had black male aides since the fifth grade and some of those used more
force than they should have," he said. "They were supposed to be academic
aides, but they turned out to be stiff-armed disciplinarians."

Ward testified Adam Ward also grew fearful of local police officers, whom
he also believed were targeting his son.

"I would myself see Commerce Police Department patrol cars following him,"
Ward said.

And even though Adam Ward outgrew his violent outbursts, his father said
the defendant could still become "quite agitated" if someone became verbal
with him.

"If it was anything more than that, he felt threatened ... especially if
it was some authority figure, especially if it was some abusive
authority," Ward said.

At one point, Ward said he did believe there was a chance that citations
from the Commerce code enforcement office could have been tied into the
Commerce city council's connections with the school district and the
school district's ire over the threatened law suit.

"I'm just saying I think it was a possibility," Ward said.

(source: The Herald Banner)

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

Waco man pleads guilty to murder


A 35-year-old Waco man pleaded guilty to murder charges Thursday in the
September shooting death of Joel Alvarez Perez, reportedly over a set of
wheel covers.

Jason Clovis House confessed to his role in Perez's slaying in exchange
for a life prison term, his pledge to testify against his co-defendant, if
necessary, and a prosecutor's agreement to reduce the charge from capital
murder to murder.

House and Tony Lee Johnson, 33, have pleaded guilty in the Sept. 28
robbery in which Johnson shot Perez because the men reportedly wanted to
steal the wheel covers off Perez's truck. Judge Matt Johnson of Waco's
54th State District Court has withheld sentencing in both men's cases
until the cases of all 3 defendants have been resolved.

Tony Johnson, who pleaded guilty to capital murder last month, faces life
without parole, although he indicated to court officials recently that he
wants to withdraw his guilty plea because he claims he wasn't fully
apprised that he would not be eligible for parole.

Capital murder charges remain pending against a third defendant, Alton
Degrate Hawkins, 33, for his alleged role in the incident.

Perez was killed in the 500 block of North 24th Street, investigators have
said. His truck was driven to the 2900 block of Maple Hill Circle where
Perez's body and his truck were later found.

"We are pleased that the state, after talking with us and looking at the
evidence and going through this process, has decided not to seek death on
Jason and at this point agreed not to proceed on the capital (charge),"
said Austin attorney Steve Brittain, who represented House with Gatesville
attorney Scott Stevens. "He was involved, but he was not the person whose
idea this was nor was he the shooter, so he agreed to accept a life
sentence because he will have a possibility of parole and still have some
life left."

If Johnson sentences House to life in prison, he will be eligible for
parole in 30 years. No sentencing dates have been set for Johnson or
House.

Waco attorney Walter M. Reaves Jr., who represents Hawkins, said no trial
date has been set in his case, adding that prosecutors have not declared
if they are seeking the death penalty against Hawkins.

"He continues to maintain his innocence," Reaves said.

(source: Waco Tribune-Herald)

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

Convicted killer refuses to be at punishment phase of his trial


Despite the advice of the judge, convicted capital murderer Dexter Johnson
refused Thursday to continue attending the punishment phase of his trial.

Johnson, 19, faces a possible death sentence after being convicted last
week of capital murder for his role in the death of 23-year-old Maria
Aparece.

The jury began hearing testimony in the trial's sentencing phase on
Monday.

Johnson had attended the trial thus far, but Thursday morning refused to
put on street clothes and come to court.

With the jury out of the courtroom, he was brought before state District
Judge Denise Collins, who warned him that it would not look good to the
jury if he were not present for testimony.

After Collins asked if he wanted to waive his right to attend his trial,
Johnson, dressed in an yellow Harris County Jail uniform, said that he
did.

He also declined an offer that his holding cell be wired.

A prosecutor said Johnson could change his mind and attend the trial at
any time he chooses.

Attorney Anthony Osso said he agreed with Johnson's decision. He said the
decision to not be present would not impact the jury's decision.

The judge instructed jurors to not factor Johnson's decision into their
decision.

Evidence showed that Johnson was 1 of 5 people who carjacked Aparece and
her boyfriend, Huy Ngo, on the night of June 18, 2005, as the couple
talked in her car outside Ngo's home.

During Thursday's testimony, 1 of 4 others said he saw Johnson throw
Aparece's clothes into a trash bin, laughing.

Timothy Randle, 20, testifying for the prosecution, also said Johnson told
him and the others that he "offed both of them."

Thursday afternoon, a psychiatrist testified for the defense.

Dr. Rueben Gur, a professor at the University of Pennsylvania, said
Johnson has some brain damage, according to a pet scan and an MRI that he
reviewed.

(source: Houston Chronicle)

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

Inmate on death row gets new trial ---- Ky. court: Lawyer was ineffective


The Kentucky Supreme Court has upheld a circuit court's decision to throw
out a death sentence because the defendant's lawyer ineffectively
represented him at trial.

In a unanimous decision, the court agreed yesterday that Charles Bussell
should receive a new trial after he was convicted in 1991 of the robbery
and murder of Sue Lail in Christian County.

"We are all thrilled," said one of Bussell's lawyers, Ted Shouse. "This
was an incredible miscarriage of justice, and now we look forward to
setting it right at a new trial."

If the decision isn't appealed, it will become final in 20 days and
Bussell, 52, will be moved off death row at the Kentucky State
Penitentiary while awaiting retrial, Shouse said. Bussell had been one of
40 Kentuckians awaiting execution.

Vicki Glass, a spokeswoman for the attorney general's office, said it
would have no comment.

Death-penalty foes contend that bad lawyering is a chief cause of wrongful
convictions in death-penalty cases. Shouse said Bussell has always
maintained his innocence.

It was the second time in seven months that the state Supreme Court has
thrown out a death-penalty conviction because of shoddy lawyering. In
November, the Supreme Court upheld a lower court ruling reversing the
death sentence and conviction of Hugh Marlowe of Harlan County, who was
convicted in 1982 of robbing and murdering Henry Hamlin.

Until that ruling, the state Supreme Court had never upheld a circuit
court's decision overturning a capital murder conviction or death sentence
because of ineffective trial counsel.

Rebecca DiLoreto, director of the Department of Public Advocacy's
post-trial division, said the two opinions "clearly indicated that the
Kentucky Supreme Court and circuit courts believe that defense counsel
must have the time, training, resources and expertise to handle these
cases." But, she added, "we still have grave concern about other cases
where representation has been less than adequate and our attorneys will
continue to advocate for them."

Bussell's conviction was thrown out in 2005 by Special Judge Charles
Boteler, who found that police withheld reports suggesting the possibility
of a different suspect, and that Bussell's trial was a "textbook example
of ineffective assistance of counsel."

Boteler said the closing argument of public defender Joel Embry before
Bussell's death sentence was so brief -- less than 6 minutes -- that it
reminded him of a mock-trial exercise in law school. The case was unusual
because Embry was later convicted of drug possession and 2nd-degree
manslaughter for allowing his mother to die of neglect and sentenced to 10
years in prison.

In an interview with The Courier-Journal last year, Embry defended his
work in Bussell's case, though he said a heavy caseload precluded him from
devoting as much time to it as he would have liked.

The Supreme Court said convictions may be thrown out for negligent
lawyering only when the work is so shoddy that the defendant otherwise
would have probably won.

The court held 6-0 that Boteler properly found that Embry was ineffective
in both the guilt and penalty phases of Bussell's trial.

The court agreed that Embry failed to investigate or present expert
witnesses who could have disproved the prosecution's scientific evidence
-- including one witness who said bark found on Bussell's car came from a
tree near where Lail's body was discovered. In fact, an expert testified
at a hearing in 2005 that the bark could have come from any one of seven
species of trees.

The court also noted that Embry and his co-counsel claimed to be unable to
find any witnesses to testify on Bussell's behalf, even though they had a
report listing all 11 of his siblings and the cities where they lived.

Lail had employed Bussell to perform odd jobs around her home. She was
reporting missing on Dec. 3, 1990, and her body wasn't discovered until
Feb, 22, 1991. Bussell was arrested about 2 months later.

(source : Courier-Journal)

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

Supreme Court rules against death row inmate


The Kentucky Supreme Court has denied a motion to rehear arguments in the
case of a convicted murderer who has been trying to get his death sentence
overturned.

Attorneys for Thomas Bowling argued that he should not be executed because
he is mentally incompetent.

Bowling was within days of his scheduled execution in 2005 when the high
court agreed to consider his claim of mental incompetency. Attorneys have
kept the case under appeal since then. Bowling was convicted of murdering
Edward and Tina Earley and shooting their 2-year-old son outside the
couple's Lexington dry-cleaning business in 1990. No motive for the crime
has ever been clear.

(source : The Associated Press)

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

Confronting empire


Texas death row prisoner and member of the DRIVE (Death Row
Inner-communalist Vanguard Engagement) movement, which engages in
nonviolent, direct action protest to fight for better conditions on death
row and in opposition to capital punishment. Speaking for DRIVE, Rob Will
sent this statement of solidarity to the Socialism conference. It was read
by YUSEF SALAAM, who was wrongly convicted and imprisoned for 7 years in
the Central Park jogger case.

WE REVOLUTIONARIES fight because we feel that inaction in the face of
injustice is nothing less than consent.

We fight here on Texas death row because we not only understand that
capital punishment is a race and class issue that is utilized by the state
as a tool of social control, but because we also understand that all
struggle is interconnected. The death penalty is a working-class issue, an
injustice that should be fought against, just as we fight against the
brutal occupation of Iraq, for immigrant rights and in opposition to all
forms of oppression.

Sadly enough, most anti-death penalty organizations have refused to
support our actions on the inside, which they consider "radical." They
feel we should "follow the rules" and abandon all forms of civil
disobedience.

Our comrades with the ISO have shown their active support of DRIVEs
ongoing protest, which involves complete disregard and unrepentant
breaking of the precious rules of this deplorable system.

The ISO and our Austin comrades have shown that they deeply feel the
injustice that is the death penalty through the relentless support they
have shown us. (By the way, much love to Paul D'Amato for his Meaning of
Marxism and everyone at Socialist Worker and ISR, which have helped me
define my personal political outlook more clearly).

In turn, DRIVE extends to the ISO and everyone else at the Socialism 2007
conference our unwavering solidarity. Look into the eyes of the person
next to you. They are your comrades, our comrades and the future we are
fighting to build.

And in the spirit of this fight, the struggle to liberate all oppressed
peoples of the world, we send each and every one of you an embrace of
solidarity and resistance!

(source: Socialist Worker Online)






CONNECTICUT:

Legal appeal little comfort to family awaiting sentencing of murderer


It has been nearly eight months since a Hartford Superior Court jury said
that Jessie Campbell III should be executed for murdering 2 women and
almost killing a 3rd.

It was nearly seven years ago - on Aug. 26, 2000 - that Campbell's rampage
claimed the lives of Desiree Privette, 18, and LaTaysha Logan, 20.

Yet Campbell still remains unsentenced because of an ongoing hearing
granted by the trial judge to entertain a defense motion that the death
penalty is unfairly applied in Connecticut.

The legal reasons behind the sentencing delay matter little to the
families of the dead.

Campbell, 27, was convicted of capital felony in 2004, but after a penalty
phase, the jury couldn't decide whether he should be executed or ordered
to serve life in prison without release. A second penalty phase jury was
seated last year, and on Oct. 12 returned a verdict condemning Campbell.

However, before Judge Edward J. Mullarkey could formally impose the
sentence, public defenders Ronald S. Gold and David Smith filed a motion
claiming that a lack of formal guidelines on when to seek the death
penalty has resulted in a "standardless system" imbuing prosecutors with
the ability to make "God-like decisions" about who should live or die. The
defense team is asking Mullarkey to sentence Campbell to life in prison
without release.

Mullarkey subsequently granted Gold and Smith's request to subpoena 12 of
the 13 state's attorneys to allow questions about how they decide to seek
the death penalty.

Only Hartford State's Attorney James E. Thomas was excused from complying
with the subpoena, because he was directly involved in the Campbell case.

The hearing began in February and concluded Thursday with the calling of
Fairfield State's Attorney Jonathan Benedict.

Like the other 11 top prosecutors, Benedict testified that the only
written guideline about the death penalty is the state statute that spells
out the specific instances allowing for death penalty prosecution.

Benedict - whose subpoena had expired but who agreed to testify anyway
without being compelled - also testified that he has discretion on when to
seek the death penalty, as opposed to life in prison, in a capital case.

"The ultimate decision is mine, as a state's attorney," Benedict said.

Benedict's testimony took less than 10 minutes.

Mullarkey asked Gold and Smith and prosecutor Vicki Melchiorre and her
co-prosecutor, Dennis J. O'Connor, if they were prepared to conclude the
proceeding with arguments on the motion, but the defense asked for more
time to prepare briefs to support their arguments.

O'Connor said the state won't be filing any additional briefs in response
to the motion.

And Melchiorre told Mullarkey - who noted it's been four years since the
original guilty verdicts -that the victims' families are ready for
sentencing.

"They're very, very upset about the continued delays in this matter," she
said. "This motion has been going on for a very, very long time. ... We're
coming up in August on the seventh anniversary of their daughters' deaths,
and they would very much like to move to sentencing, and not have
sentencing be around the anniversary of their deaths."

Mullarkey ordered briefs to be filed by July 12, and set July 19 for a
final hearing on the motion, when he may rule on the defense request to
impose a life sentence.

The defense team, which now also includes capital specialist Michael K.
Courtney, has filed additional motions but no hearing date was set.

(source: Journal Inquirer)




MONTANA:

Ex-MSU athletes no longer face death penalty


The Montana Supreme Court has ruled that the Gallatin County prosecutor
can no longer seek the death penalty if 2 former Montana State University
athletes are convicted of murder in the slaying of Jason Wright.

The court's decision forbids exceptions to a 60-day deadline for filing
written notice of the intent to seek the death penalty - reversing a
county judge's ruling that the deadline could be ignored if doing so did
not violate the defendant's rights to a fair trial.

"Our initial reaction was one of a great sigh of relief," said Al
Avignone, who is representing former student John Lebrum. But, Avignone
said, his client and co-defendant Branden Miller still must prepare for a
murder trial.

Lebrum and Miller, both 22, could still be sentenced to life in prison.

Both were also charged with aggravated kidnapping and tampering with
evidence stemming from the June 23 shooting death of Wright last summer.
They are expected to go on trial next year.

Defense attorneys in the case asked the Supreme Court in February to
prevent Gallatin County Attorney Marty Lambert from seeking the death
penalty after District Judge Mike Salvagni ruled that execution remained a
possible punishment even though Lambert missed the deadline.

In a 5-2 decision filed Tuesday afternoon, the Supreme Court overturned
Salvagni's decision, ruling that there are no exceptions.

Lambert, acknowledging that he never reviewed the 60-day rule, said he is
glad the Supreme Court decided the issue, to make it clear for attorneys
statewide.

"I accept responsibility for not filing that notice within 60 days of
arraignment," Lambert said, adding that he also accepts the burden of
forcing the courts to rule on the issue.

Salvagni had ruled that although Lambert didn't file the paperwork by the
deadline, he did include death as a possible punishment when he filed the
charges against the former athletes and he stated in court that death was
the maximum penalty in the case. Therefore, not filing the death-penalty
paperwork didn't violate Lebrum and Miller's due-process rights or
prejudiced their cases, Salvagni said.

The Supreme Court decided, however, that the rule does not allow judges to
make exceptions based on whether a defendant's case has been prejudiced.

Wright's body was found in a field off Huffine Lane in June. The
26-year-old from Livingston died of gunshot wounds. Investigators
suspected him of being a cocaine dealer.

Miller's attorney, Regional Public Defender Peter Ohman, could not be
reached for comment.

(source: Bozman Daily Chronicle)






UTAH:

American Fork dad could get death penalty if convicted


A father accused of killing his 20-month-old son could get the death
penalty if convicted of capital murder.

Jordan Putnam had multiple injuries, including skull fractures and
abdominal hemorrhaging, according to the autopsy.

Jason Putnam, 23, claimed his son fell more than two feet off a bed June
12. He changed his story to say he was trying to make the boy stop crying,
police said.

Medical staff said "this was not an accidental injury," according to an
affidavit filed in court in Utah County.

Putnam was charged this week and remains lodged in the county jail without
bail.

(sources: Associated Press//The Salt Lake Tribune)






NEW MEXICO:

Jurors can consider death penalty in Portales man's double murder case


Albuquerque jurors have decided to consider the death penalty in the case
of a Portales man who was convicted last week of first-degree murder and
other crimes in the deaths of an elderly couple whose bodies were found in
the trunk of their burned-out car.

Jurors deliberated for about 30 minutes Thursday before deciding that
aggravated circumstances surrounded the August 2005 deaths of Odis and
Doris Newman.

Under state law, that means Stanley Bedford, 43, could face the death
penalty as jurors begin the penalty phase of his case.

Last week, jurors found Bedford guilty of 1st-degree murder, 2 counts each
of kidnapping and tampering with evidence and 1 count each of disposal of
stolen property and aggravated burglary.

District Attorney Matthew Chandler said the jury will begin hearing
testimony Friday on Bedford's history and family background, among other
things, as they decide whether he should be sent to prison for the rest of
his life or be executed for killing the Newmans.

"There is absolutely, undeniably no doubt what happened to these people,"
Chandler said as he held up a photo of the Newmans during Thursday's
proceeding. "They died by violent homicide."

Chandler said the couple's family will be allowed to present testimony
about the toll the murders have taken on them.

If jurors don't impose a death sentence, Bedford will serve 120 years in
prison. That would include 2 life terms for the murders plus 60 years on
the remaining crimes. Chandler has said the sentences would run
consecutively.

Defense attorney Gary Mitchell called the process racist because Jerry
Fuller, a white man and nephew of the victims, will not see the death
penalty after killing his relatives while Bedford, who is black, faces the
death penalty.

"New Mexico has never gone this far, a white defendant for life and now we
ask for death for the black defendant. We have never done this," he told
the court.

The judge called the defense and prosecution to the bench and then
announced to those in the courtroom that both Bedford and Fuller were
offered the same plea deal. Fuller chose to accept the deal, and that's
why he did not face the death penalty.

Mitchell argued that Bedford didn't accept the plea deal because he's
innocent.

Members of the New Mexico Coalition to Repeal the Death Penalty have
voiced concerns that racial bias may be a factor influencing prosecutors.

"Historically and in current day pursuit of capital punishment racial bias
is one of the most egregious flaws of the death penalty system," said
Kathleen MacRae, director of the organization.

Fuller pleaded guilty in October to 1st-degree murder, kidnapping,
tampering with evidence, assault on a police officer and aggravated
burglary. He was sentenced to 127 years in prison.

Prosecutors alleged Bedford helped Fuller rob the Newmans on March 3,
2005, then decided to burn them in the car. Bedford claimed he didn't know
the Newmans and only came into the affair because Fuller needed a ride
when he ran out of gas.

Bedford was arrested March 7, 2005, in Clovis after he and 2 roommates
tried to pawn jewelry belonging to Doris Newman. He told jurors he found
the jewelry in his car after giving Fuller a ride, but acknowledged that
he told people earlier that he'd found it in trash bins.

(source: Associated Press)