April 16 TEXAS: Judge refuses request to spare Rubio death penalty----Lawyers argue legality of jail cell search and seizure John Allen Rubio will again face the death penalty for allegedly killing 3 children in 2003, a local judge affirmed Tuesday. Defense attorney Nat Perez asked state District Judge Arturo C. Nelson to consider taking the punishment off the table during Rubio's retrial for capital murder charges. His conviction was overturned in September because of a technicality in his original prosecution. Nelson denied the motion during a hearing regarding contents removed from the prisoner's Cameron County cell earlier this month. "I am not going to do away with the death penalty," in this case, Nelson said. The bulk of Tuesday's hearing involved a subpoena that ordered sheriff's deputies to seize all items from Rubio's cell at the Carrizalez-Rucker Detention Center on April 9. It is not known why the subpoena was issued because a court issued gag order prohibits the attorneys from talking to the media. Perez claims defense counsel was not informed of the subpoena's order and that the seizure violates the prisoner's Sixth Amendment rights because the cell contents included privileged correspondence between him and Rubio. Sixth Amendment guarantees the right to a fair and speedy trial. Chief First Assistant Prosecutor Charles E. Mattingly Jr., said the seized contents - which according to jail staff include photographs, documents, food, medication and a Bible - have not been reviewed by his office and remain in the plastic bags jail staff dropped them in. Mattingly claims defense attorneys were notified and invited to review the contents but declined due to "other commitments." Nelson observed that in 30 years of practicing law, he had never heard of a subpoena issued to seize contents. Subpoenas are usually issued for individuals to appear in court, he said, and not at as tool for "going fishing." Still, Nelson denied the defense's request that the seized items be immediately returned. Instead, he ordered the items delivered to his chambers where they would be held until he made a decision on whether the seizure violated Rubio's rights. He ordered both the prosecution and defense attorneys to provide written briefs backing their claims on the seizure. "They (the items) will be put in my office and I will not look or touch them until after I get the briefs," from the attorneys, he said. Rubio sat quietly in the courtroom, clean-cut and dressed in a powder blue shirt and navy pants. He remained handcuffed throughout the proceeding but at times appeared to be reading and writing, then listening intently to the arguments. Now 27, the Porter High School graduate was convicted of killing his son, daughter and stepdaughter in 2003 and was granted a new trial after his original conviction was overturned last year on a technicality. Rubio pleaded not guilty by reason of insanity during his original trial. He was convicted and sentenced to death. His common-law wife, the children's mother, was also found guilty for her part in the killings and sentenced to life in prison. Rubio is to be retried again on capital murder charges. The children Julissa Quesada, 3, John E. Rubio, 14, months and Mary Jane Rubio, 2, were smothered, stabbed and mutilated, according to investigators. (source: The Brownsville Herald) ****************** D.A. won't seek death penalty in Baby Grace case Galveston County prosecutors said today they will not seek the death penalty against the mother and stepfather of Riley Ann Sawyers, who was known as Baby Grace until her identity was confirmed. Galveston County District Attorney Kurt Sistrunk said he decided against seeking the death penalty in the Nov. 3 trial of Royce Clyde Zeigler II, 25, of Spring. Sistrunk announced his decision in a pre-trial hearing for Zeigler before state District Judge David Garner. He said he also would not seek the death penalty for Zeigler's wife, Kimberly Ann Trenor, 19, whose trial date is expected to be announced at a hearing Thursday. Saying he was prepared for a backlash from those appalled by the brutality of the crime, Sistrunk said he was abiding by a 2007 Texas Court of Criminal Appeals ruling that would make it nearly impossible to obtain a death penalty decision that would withstand appeal The ruling concerned a special question required by law that a jury must answer to arrive at a death penalty decision: will the accused be a future danger to society? The appeals court ruled in the case of Kenisha Eronda Berry of Beaumont, convicted in the death of her infant son, Malachi, that the slaying of her child was insufficient to prove that she would be a future danger to society. Sistrunk said that meant a jury would therefore be unable to find that Zeigler or Trenor would be a future danger to society, excluding the death penalty. Sistrunk said he understands that many ``recognize the brutality and nature of this crime, it cries out for the harshest sentence.'' He said it is his duty to resist public pressure and follow the law, even if he doesn't agree with the appeals court ruling. Zeigler and Trenor are charged with capital murder and evidence tampering in connection with the little girl's death. The child's remains were found in a plastic container by a fisherman in West Galveston Bay on Oct. 29. Zeigler and Trenor are accused of killing Riley on July 25 during a disciplinary session at their Spring home. Trenor has said the 2 beat Riley with belts, held her head under bath water, and that Zeigler hurled her onto a tile floor and her face was pushed into a pillow and a couch. The girl's body, Trenor said, was kept in a plastic box in a storage shed for up to 2 months before the box was tossed into the bay. Both remain in the Galveston County Jail in lieu of $750,000 bond each. (source: Houston Chronicle)
[Deathpenalty] death penalty news----TEXAS
Rick Halperin Wed, 16 Apr 2008 17:28:45 -0500 (Central Daylight Time)
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin