July 22 NEW YORK: Execution is wrong, even for cop-killers Even before murdered NYPD Officer Russel Timoshenko was laid to rest, politicians were braying for blood, calling on New York to reinstate the death penalty for cop-killers. Senate Majority Leader Joe Bruno rushed through passage of a cynical, meaningless death penalty bill, knowing full well that it had zero chance of becoming law because the state Assembly has no plans to consider the topic. No one has been executed in our state in 44 years. But Bruno, the state's highest-ranking Republican, is on the verge of losing power if his party loses just 2 seats in next year's elections. So there he was, posturing for the voters. Pat Lynch, president of the Policemen's Benevolent Association, did much the same thing. Noting that the federal government has a death penalty, Lynch is calling on the Justice Department to intervene in the Timoshenko case and concoct a federal conspiracy case so that the 3 suspects - Dexter Bostick, Robert Ellis and Lee Woods - might face execution. Lynch is a politician in his own right, winning a tight election to become heaof the 50,000-member PBA in 1999. He's even rumored to be eyeing a run for a Queens state Senate seat next year. I am the son, brother, nephew, cousin, neighbor and friend of cops. I think the murderers of Timoshenko should get a swift, fair trial and stay in prison for the rest of their lives, thinking about what they did and trying to achieve some level of decency and redemption. By all indications, the case against these 3 men is clear, and there is little reason to doubt they will be convicted. But the time and energy of the politicians would be better spent trying to fix New York's awful record of convicting innocent men. The recent roll call includes Scott Fappiano of Brooklyn, who spent 23 years behind bars before being found not guilty of a rape. Alan Newton served 21 years for a rape and robbery in the Bronx that somebody else committed. Jeffrey Deskovic of Peekskill, recently exonerated, sat in prison for 16 years for a murder he did not commit. Anthony Capozzi of Buffalo, convicted of two rapes, served 20 years in prison before evidence showed he did not commit those crimes. Since 1991, a total of 23 New Yorkers have been exonerated, and I'm sure more are on the way. Many of these convicted men would have been put to death if death penalty advocates had their way. That's why the Innocence Project at Cardozo Law School, which has used DNA evidence to free 205 wrongly convicted people nationwide, is pushing for New York to create an innocence commission. The commission would revamp state standards for preserving DNA and other evidence, and closely reexamine claims of wrongful conviction. Right now the plan is in limbo, thanks to the inaction of Bruno and his fellow Albany pols. Instead of playing politics with death, they should spend more time getting justice for the living. My heartfelt thanks go to every reader who answered the call in my recent column to send letters to Amnesty International calling on the state of Georgia not to execute Troy Anthony Davis, a man convicted of murdering a policeman more than 15 years ago. Davis, who has always maintained his innocence, was convicted solely on the testimony of nine eyewitnesses. Seven of them have formally recanted, some charging police coercion, and 1 of the 2 remaining is believed to be the real killer. Daily News readers joined more than 5,000 letter-writers - including Desmond Tutu, Pope Benedict and former FBI Director William Sessions - who convinced the Georgia Board of Pardons and Paroles to delay Davis' execution for 90 days and reexamine the case. Thank you, Clarice, Kenyatta, Mrs. Spaulding, Ms. Thompson and Ms. Susinno. Thank you, Mr. Mars, Herr Kbler (from Germany!) and Mr. Semenza. More letters are needed. For the address and details about the case, go to www.troyanthonydavis.org. (source: New York Daily News) ARIZONA/PENNSYLVANIA: Krone story is now book ---- Cousin tells of long effort to free falsely convicted man Jim Rix was talking with his mother on the phone in the early 1990s about a television show in which an innocent man had been released from death row, when she shared some surprising news. "You have a cousin on death row, and he's innocent," his mom said. Rix thought that he had misheard. But she explained that her niece's son, Ray Krone, had been convicted in the 1991 murder of a Phoenix barmaid. Krone's teeth allegedly matched a bite mark on the woman's body. At first, Rix was skeptical of Krone's innocence. His mother had only heard what her niece told her, and Krone had been convicted by a jury. Rix wrote his cousin, whom he had never met. Krone responded, explaining his case in detail and saying he couldn't believe he had been convicted. Rix pored through the trial transcripts and consulted with a bite-mark expert, who excluded Krone as a suspect. "Because the bite mark was the only substantial evidence against him, I was all but convinced that his conviction had been a mistake," Rix wrote in his new book, "Jingle Jangle: The Perfect Crime Turned Inside Out." It would be the start of a long journey for Rix, who along with others worked with the family to free Krone. The 468-page book, which has been in the works since Krone's 2nd trial in 1996, will be coming out next month. Written from Rix's perspective, it covers his initial discovery of his cousin's case, Krone's 2nd trial and his release from prison. "It's really Ray's story and my story about what I learned about the criminal justice system," Rix said in a phone interview from his Nevada home. Krone and his family have read chapters of the book but have not yet seen the final product. They are happy for Rix, and they hope that this pursuit will be as successful as the one to free Krone, said Carolyn Leming, Krone's mother. Krone, who lives in Dover Township, said he hopes the book will open people's eyes that there are mistakes made in the justice system. People often think "good, they got him" when a suspect has been arrested, Krone said. But a rush to judgment can lead to mistakes, and jurors must hold prosecutors and police to the highest level in proving a case, he said. A person shouldn't be convicted unless there is evidence of guilt beyond a reasonable doubt. "Bad things do happen to good people," Krone said. Rix said he and the others who worked to free Krone knew the only way to do it was to prove who committed the crime. It was DNA evidence that cleared Krone and implicated another man: Kenneth Phillips, who pleaded guilty last year to Kim Ancona's murder. Rix said he hopes that the book will help prevent innocent people from being convicted. "I hope in some ways it will help others that are in Ray's situation," Rix said. (source: The York Daily Record) GEORGIA: Lethal injection challenges pick up in Georgia, but court not swayed Had Troy Anthony Davis not been given a last-minute stay, he would have become the 18th inmate Georgia has put to death through lethal injection. More and more defense attorneys representing convicts on death row are taking up the national arguments against lethal injection, maintaining that it still constitutes cruel and unusual punishment, even if it appears to be less painful than other methods. Davis was scheduled to die July 17 after being convicted of the 1989 killing of off-duty police officer Mark Allen MacPhail. The state Board of Pardons and Paroles decided late Monday to delay the execution for up to three months as they review testimony from supporters and former witnesses who have recanted their testimonies against Davis. Attorneys for Davis have focused their arguments on those witness reversals. Meanwhile, an increasing number of death-penalty appeals are being pinned solely on attacking the execution process. Started in 2001 Meant to be a less gruesome way to execute criminals, the deadly chemicals replaced the electric chair in 2001 as Georgia's means of execution. "It is a bizarre combination of drugs that everybody seems to have signed on to, but no one's given much thought to the type of horrors it could be implementing on someone," said lawyer Jack Martin, who has been involved with about 30 death-penalty cases in Georgia. Martin represented John Hightower, the latest condemned inmate in Georgia to die by lethal injection. He was executed a month ago for the murders of his wife and 2 stepdaughters. Martin pointed out that several states have begun taking a closer look at their lethal-injection programs after some high-profile, problematic executions - with some of those states even temporarily suspending executions during the studies. Nationally, 26 death-row inmates won stays on their executions since the beginning of 2006 based at least in part on their challenges of lethal injection, according to the Death Penalty Information Center. Defense attorneys in Georgia have not had the same response. "There's not much reaction so far in Georgia," Martin said. Out of the 38 states with the death penalty, 37 can use lethal injection, with Nebraska solely relying on the electric chair. 3-drug cocktail Most states, including Georgia, use a similar 3-drug cocktail when executing someone by injection. The first - sodium pentothal - acts as a sedative and is intended to keep the person being executed from feeling pain. Next, a paralyzing drug, such as Pavulon, is administered, which stops the breathing muscles and keeps the inmate from moving around or flinching while dying. The final chemical - potassium chloride - causes cardiac arrest, killing inmates by stopping their hearts. The basis for many challenges is that the combination of the anesthetic sedative and muscle paralyzer make it nearly impossible to tell what inmates feel as they die. Even in executions where there have not been visible signs of distress, the paralyzing drug could be masking pain if the sedative has unexpectedly worn off, critics charge. "If the anesthesia doesn't get into the vein or some of the chemicals get into the bloodstream, the paralyzing agent will make them feel like they're suffocating and the potassium will feel like your veins are on fire to your heart," said Sarah Tofte, a researcher for the anti-death-penalty group Human Rights Watch. "If those are the things that they're feeling, it would be an excruciating way to die." Not much success Lawyers have tried to pitch those arguments to Georgia Supreme Court justices in several death-penalty appeals with little success. One of those cases was an appeal last year on behalf of Joseph Williams, who was convicted of strangling another inmate while being held at Chatham County's jail and trying to make it look like a suicide. He had been found guilty of other murders in the past and was sentenced to the death penalty. David Lock, chief assistant district attorney for Chatham County, recalled the case last week and said the state's lethal injection process did not equal cruel and unusual punishment, a claim that has been backed by other Georgia court decisions. "The drugs put you to sleep and, in fact, probably put you to death just through the anesthetic," he said. "You're given a couple of drugs to follow it up. I believe it to be a painless proceeding." The state's highest court so far has agreed that there has not been evidence to show lethal injection is cruel or unusual punishment. Justices stated that in the Williams case, as well when similar arguments were raised for convicted murderer Gregory Walker Jr., a Brunswick man found guilty of shooting a woman he said stole from him. Trend on stays? Judges and elected officials in a handful of other states have either ordered an official moratorium on executions or are issuing stays in death sentences to allow for closer study of lethal-injection programs. In October, Florida is set to carry out its 1st execution since the state put its program on hold after a botched execution last year that raised questions. The process took longer than usual and required 2 rounds of drugs to execute Angel Diaz, who was found guilty in the shooting death of a bar manager during a robbery. Advocates said the improper procedures used to put Diaz to death, in which a needle went past his vein and prevented sedatives from getting into his bloodstream, highlight the need to look at better ways to administer lethal injection. "It may be more humane than electrocutions," Tofte said. "But that's not what the test is." -------------------------------------------------------------------------------- STATES TAKING A CLOSER LOOK AT LETHAL INJECTION: California A federal judge put the state's lethal-injection program on hold before Michael Morales was scheduled to die in February of last year, causing the state to review its practices. The judge is expected to hold the next hearing in October to decide what happens next. Delaware A federal judge put all executions formally on hold after ruling the state's death-row inmates were part of a class-action suit challenging lethal injection. Florida Former Gov. Jeb Bush stopped signing new death warrants in December and created a commission to look into problems with the execution of Angel Diaz. Current Gov. Charlie Crist signed the first death warrant since then last week for Mark Schwab, who raped and killed an 11-year-old boy. Schwab is scheduled to die in November, and a legal challenge to lethal injection is expected to be heard before then. New Jersey In 2004, an appellate court put all executions on hold until the state could justify its lethal-injection process. Tennessee In February, Gov. Phil Bredesen ordered all executions stayed until May so that the state's lethal-injection program could be studied. A new protocol was issued to designate what each person does during the process, but the three drugs used remained the same. Philip Workman was executed May 9. [source: Death Penalty Information Center] (source: Savannah Morning News) ****************************************** Perdue says pope won't sway him in Davis case Gov. Sonny Perdue said today he doesn't see his role as getting involved in the Troy Davis execution despite a request from the pope. Davis is awaiting the outcome of a 90-day stay granted Monday as the Pardons and Parole Board considers evidence that many of the witnesses who testified against him have recanted in the 18 years since a Savannah off-duty police officer was shot to death. Perdue was talking by phone with three newspaper reporters between meetings at the National Governors Association conference in Michigan. Asked about a letter he received Monday from Pope Benedict's American representative, Perdue said his role was limited to appointing good people to the Parole Board. "I do believe that we have some good people appointed to the board and will trust them," he said. Georgia is 1 of 3 states in which governors have no authority to grant clemency, a power shifted to the Parole Board by voters in 1943. Perdue rejects the idea of using his influence either publicly or privately to sway the board's thinking. And he refused to comment on whether or not he believes Davis is innocent, despite comments from the pope, Hollywood celebrities and Amnesty International. "I am always glad to hear from the pope," Perdue said. "He and I have a different world view." The governor favors death sentences while the pope doesn't. "I believe in capital punishment, but I believe the worst thing we could do is put an innocent person to death," he said. "...(But) I don't think we ought to be moved by people who believe in capital punishment or people who don't believe in capital punishment." Perdue's staff forwarded the letter to the Parole Board on Wednesday, a day after Davis was scheduled to receive a lethal injection. (source: Rome News-Tribune) WASHINGTON (state): Thai man may face US death penalty The Thai man suspected of kidnapping and killing 12-year-old Zina Linnik will be charged Monday with the state's highest crime, prosecutors in Washington state said. His mother, who is married to an American and took the family to the US many years ago, said, "My son is sick. I am angry at him, but I am so sorry." Teraporn "Dang" Adhahn, 42, is to appear in Superior Court on Tuesday morning Thailand time - 1:30 pm in Tacoma - to answer to 1 charge of aggravated 1st-degree murder in the Tacoma girl's death. He gave investigators information that led them to Zina's body July 12 near Silver Lake in eastern Pierce County. A conviction of aggravated 1st-degree murder carries a possible death sentence. Deputy prosecutor Ed Murphy declined Friday to discuss whether a decision has been made about whether to pursue the death penalty against Adhahn. Under state law, Prosecutor Gerald Horne has 30 days from the time of Adhahn's arraignment on the charge to notify the court whether he intends to seek capital punishment. The only other sentence available for a conviction on the charge is life in prison without the possibility of parole. Horne has scheduled a news conference after Adhahn's arraignment. Pennsiri Bower, 66, Teraporn's mother, told the Seattle Post-Intelligencer newspaper she has not been close to her son for years. Mrs Pennsiri said that she was shocked but that she couldn't have imagined the trouble in which he would find himself. Mary Kay High, 1 of 2 court-appointed attorneys assigned to represent Adhahn, declined to talk about Friday's announcement. Prosecutors did not say whether they intend to charge Adhahn with any sex crimes in Zina's case. Authorities have not said whether they think the girl was sexually assaulted. Zina disappeared from an alley behind her Hilltop home the evening of July 4. Adhahn, a convicted sex offender and native of Thailand, was detained on immigration violations July 8 after a tip led investigators to his Parkland home. On Thursday, prosecutors charged Adhahn with 12 crimes unrelated to Zina's death, including the rapes of 2 school-age girls. He pleaded not guilty to those charges and was being held in jail with bail set at $2 million. (source: Bangkok Post)
[Deathpenalty] death penalty news----N.Y., ARIZ./PENN., GA., WASH.
Rick Halperin Sun, 22 Jul 2007 16:35:16 -0500 (Central Daylight Time)
