Jan. 19 WEST VIRGINIA----federal death penalty trial Death penalty on hold in Mingo murder case The sentencing of 2 Mingo County residents facing the death penalty for killing a federal drug informant has been put on hold until the U.S. Supreme Court decides whether death by lethal injection is constitutional. Last year, George M. "Porgy" Lecco, 58, of Red Jacket, and Valerie Suzette Friend, 45, of North Matewan, were convicted in federal court of murdering 33-year-old Carla Collins, who had been providing information to federal investigators about a cocaine ring run out of Lecco's pizzeria. The jury gave Lecco and Friend the death penalty, which is possible in certain federal cases even though West Virginia banned executions on the state level in 1965. On Tuesday, U.S. District Judge John T. Copenhaver Jr. ordered that Lecco and Friends sentencing be continued until the high court issues its ruling. Copenhaver's order notes that the U.S. Supreme Court has granted stays of execution in cases involving lethal injection since it accepted Baze v. Rees a Kentucky case appealing whether lethal injection constitutes cruel and unusual punishment onto its docket. Because West Virginia has no facilities where an execution could take place, Lecco and Friend's sentences would have to be carried out elsewhere. Prosecutors have requested the federal prison in Terra Haute, Ind., which uses lethal injection as its method of execution. The Supreme Court heard arguments in the Baze case on Jan. 7. A decision could come by the end of June. In November, Lecco and Friend's defense attorneys asked the judge to set aside the sentence, arguing that the death penalty is unfairly applied when the victim is a white woman. Another pending issue in Lecco and Friend's case is whether the misrepresentations of a juror during jury selection justify a new trial. In December, juror William S. Griffin admitted that he had lied on a juror questionnaire. In addition to arrests for possession of marijuana, driving under the influence and public intoxication, Griffin failed to disclose that he had been given a target letter and was being investigated by the Federal Bureau of Investigation. In December 2002, his home was searched and agents seized his computer, Webcam, scanner, CDs, books and videotapes, he said in December. Ultimately, the U.S. Attorney's office and the FBI decided not to proceed with the case against Griffin, but he didn't know that as he sat on the jury that convicted Lecco and Friend. Lawyers for both sides are still interviewing potential witnesses on the issue of Griffin's alleged bias. A hearing on the matter is scheduled for Jan. 24, but both sides have asked for more time to conduct their investigations. (source: Gazette-Mail) TENNESSEE----federal death penalty trial Trial Of First Federal Death Penalty Case Here May Take 6 Weeks----Rejon Taylor Jury Selection Starts April 7 Federal authorities said it may take 6 weeks to try Chattanooga's 1st federal death penalty case. The trial of Rejon Taylor is set to begin at the Federal Courthouse on Georgia Avenue on April 7. Taylor was charged along with Joey Marshall and Sir Jack Matthews in the Aug. 6, 2003, murder of Atlanta restaurant operator Guy Luck in Collegedale. Judge Curtis Collier said limited questionnaires will be sent to potential jurors in the case. They are due to be returned by Feb. 1. The judge said, based on the responses, he will determine whether to excuse certain jurors on a hardship basis. Potential jurors who are not excused will be sent a jury summons and questionnaire on Feb. 29 to be returned by March 14. That questionnaire is to be jointly compiled by prosecutors and defense attorneys. Judge Collier said he will make the final decision on what is included in the questionnaire. The questionnaires are to be filed under seal and later will be destroyed, the judge said. He said on April 7, there will be 40 jurors summoned. Jurors will be questioned in groups of 5, or there will be individual questioning if necessary. Subsequent groups of 40 may be called until a jury is chosen. The jurors will not be sequestered and will be allowed to go to their homes after court each day. Judge Collier said there will be 4 days per week devoted to the Taylor trial. (source: The Chattoanoogan) ************************* State appeals judge's ruling that could release death row inmate The state is appealing a federal judge's ruling that could release ailing death row inmate Paul House. The U.S. Supreme Court ruled in 2006 that the jury that convicted House of killing a Union County woman in 1985 did not hear testimony that could have exonerated him. U.S. District Judge Harry S. Mattice Jr. issued a ruling in December that orders House's release unless prosecutors begin a new trial against him within 180 days after the order becomes final. It was to become final if the state didn't appeal the ruling. On Friday, state Attorney General Bob Cooper released a statement saying the judge's ruling is being appealed on the grounds that "the district court did not follow the U.S. Supreme Court's precedents in this area." Cooper said the state will also argue that the lower court was wrong to conclude that material evidence may have been withheld from House's defense. "Finally, the state will contend that there is sufficient evidence of guilt to support the jury's verdict and that none of the alleged errors attributed to defense counsel and the state call into question the reliability of the jury's guilty verdict and sentence," Cooper said. House suffers from multiple sclerosis and is being housed in a medical ward of Lois M. DeBerry Special Needs Facility prison in west Nashville. House was sentenced to death after he was convicted of murdering Carolyn Muncey, a young mother who lived near him in rural Luttrell, about 25 miles north of Knoxville. No one has come forward as a witness to the crime, and House maintains he did not do it. In its 5-3 decision, the U.S. Supreme Court ruled that DNA evidence from semen collected from Muncey's nightgown and underwear, along with other evidence, including new witness statements pointing the finger at her husband as the killer, were strong enough that a jury probably would not have convicted House. The Supreme Court ruling allowed Mattice to hear the case for exoneration, and he found that evidence the jury did not hear might have reasonably left them in doubt of House's guilt. For instance, the blood found on House's jeans may very well have been spilled there from a tube of blood entered as evidence. Last year, state Rep. Mike Turner led an effort in which 32 Tennessee lawmakers signed a letter urging Gov. Phil Bredesen to pardon House. The Old Hickory Democrat said he was going to ask Cooper not to appeal. Turner did not immediately return a phone call to The Associated Press on Friday seeking comment on the state's action. (source: Associated Press) MISSISSIPPI: Woods faces death penalty In Pascagoula, a Jackson County jury has the fate of John Louis Woods in its hands after finding him guilty Friday of capital murder in the death of Derek Williams following 2 hours of deliberation. The jury will meet at 9 a.m. today for the 2nd phase of the trial, which will decide if Woods, 25, receives the death penalty or life in prison without parole. All 12 jurors must agree on the death penalty before Woods will receive the state's ultimate punishment. If at least 1 juror votes against the death penalty, then Woods will receive life in prison without parole. Defense attorney Calvin Taylor is hopeful his client will be spared the death penalty. "It's not a capital case," Taylor said late Friday night. He will put family members and Woods' pastor in the witness stand today in an attempt to avoid the death penalty. Williams was killed March 12, 2005, during a camping trip near Bluff Creek Water Park in Vancleave with Woods and 2 friends, Kerry Johnson and Brian Carter. Carter was a roommate at Singing River Apartments with Woods and Williams. Johnson testified that he moved out of the apartment just before Williams moved in. The 4 decided to go to a campsite near Bluff Creek Water Park, as they were being evicted from their apartment in Gautier. After setting up their campsite, testimony showed the 4 going to the Ocean Springs Wal-Mart -- where they shoplifted meat and snacks for the trip -- then committed at least two drive-offs for gas and breaking into the Vancleave Conoco station and stealing cigarettes, beer and snacks. Both Johnson and Carter have pleaded guilty to manslaughter as a result of their actions the morning of Williams' death. Their sentencing was delayed until they testified against Woods. Taylor, part of a three-man defense team with George Shaddock and David Futch, argued that Woods killed Williams in a fit of passion. Taylor put Woods on the stand Friday. Woods admitted killing Williams. As the 4 sat around a fire, he said the talk turned to women and what women they would like to have sex with. "He said he would like to have sex with my sister," Woods said of Williams. "I got enraged." After being arrested, Woods told investigators that he had a problem with anger, breaking his hand at least twice by hitting a wall, including once over a girlfriend. Woods said he walked away from the campfire. As he walked away, he said he picked up a metal bar the quartet had used earlier that night to break into the Conoco station. Johnson, on Wednesday, and Carter, on Thursday, both said that Woods called them out to meet him away from the fire. Woods testified that Johnson came out to calm him down after he walked away from the fire. After Johnson failed to calm him down and returned to the campfire, he said that Carter came out to talk with him. About a minute after Carter left, Woods testified that he returned to the campsite, where Williams was lying on his right side talking to Johnson and Carter. Woods said he struck Williams several times on the head with the bar. "I hated him for what he said (about my sister)," Woods testified. "I was full of rage." Woods said he then drove Williams' truck to Alabama, where he, Johnson and Carter dumped the body. Later, Woods said that he used Williams' truck to drive to a job interview at Wal-Mart, and also to New Orleans. Capital murder requires 2 elements: the murder of the victim and a 2nd felony committed during the murder. District Attorney Tony Lawrence said that Woods murdered Williams and then stole his truck and wallet. Woods said that he took Williams' wallet and burned it to conceal Williams' identity and throw investigators off the track. "I knew if they found his driver's license they would come to my home," Woods testified. Led by Taylor, the defense argued that prosecutors and investigators conspired to get Johnson and Carter to exaggerate Woods' actions when he killed Williams. The defense suggested that Woods was guilty of murder or manslaughter, but not capital murder. Thursday, while cross-examining Jackson County Sheriff's Investigator Ken McClenic, Taylor introduced documents from Lawrence that he said showed pressure on Johnson and Carter to lie about Woods' role. With a transcript of his interview in hand, Taylor asked McClenic about his interview of Johnson, coming to a point when Johnson mentioned that he wanted to talk to an attorney. At that point, Taylor said, McClenic told Johnson that if he did not talk to him, he could be charged with capital murder. However, Taylor said, McClenic told Johnson that if he would talk to McClenic and convince him that he had no role in Williams' death, then he might be able to leave without being arrested. "McClenic induced Kerry Johnson to say what he needed to say to save himself," Taylor said. (source: Mississippi Press) VIRGINIA: Lawyer Reveals Secret, Toppling Death Sentence For 10 years, Leslie P. Smith, a Virginia lawyer, reluctantly kept a secret because the authorities on legal ethics told him he had no choice, even though his information could save the life of a man on death row, one whose case had led to a landmark Supreme Court decision. Mr. Smith believed that prosecutors had committed brazen misconduct by coaching a witness and hiding it from the defense, but the Virginia State Bar said he was bound by legal ethics rules not to bring up the matter. He shared his qualms and pangs of conscience with only one man, Timothy G. Clancy, who had worked on the case with him. "Clancy and I, when we were alone together, would reminisce about this and more or less renew our vows of silence," Mr. Smith told a judge last month. "We felt that there was nothing that could be done." But the situation changed last year, when Mr. Smith took one more run at the state bar's ethics counsel. "I was upset by the conduct of the prosecutor," Mr. Smith wrote in an anguished letter, "and the situation has bothered me ever since." Reversing course, the bar told Mr. Smith he could now talk, and he did. His testimony caused a state court judge in Yorktown, Va., to commute the death sentence of Daryl R. Atkins to life on Thursday, citing prosecutorial misconduct. It was in Mr. Atkins's case that the United States Supreme Court ruled in 2002 that the Constitution bars the execution of the mentally retarded. But Virginia continued to pursue the death penalty against him, saying he was not mentally retarded. If Thursdays decision stands, that issue may never be resolved. Mr. Smith had represented Mr. Atkinss co-defendant, William Jones. In a tape-recorded debriefing session with prosecutors on Aug. 6, 1997, Mr. Jones told his version of the 1996 killing of Eric Nesbitt, whom the 2 men had robbed and forced to withdraw money from a bank machine. The crucial point was who had shot Mr. Nesbitt. Under Virginia law, only the triggerman was eligible for the death penalty. "As he began to describe the positions of the individuals and the firing of the shots," Mr. Smith said last month, referring to his client, a prosecutor "reached over and stopped the tape recorder." According to Mr. Smith's testimony and a memorandum he prepared soon after the debriefing, the prosecutor, Cathy E. Krinick, said, "Les, do you see we have a problem here?" The problem was that Mr. Jones's account did not match the physical evidence. "This isn't going to do us any good," Ms. Krinick said, according to Mr. Smith. For 15 minutes, Mr. Smith said, prosecutors coaxed and coached Mr. Jones to produce testimony against Mr. Atkins that did match the evidence. They flipped over a table and pretended it was a truck. "We used a chair, or something like that, to simulate the open door," Mr. Smith testified, "because only one of the doors on the truck would open." When the tape was turned back on, Mr. Jones's story bolstered the case against Mr. Atkins as the triggerman. The Atkins defense did not learn of the coaching session for a decade, when Mr. Smith was freed from his ethical obligation not to prejudice his own client's case. Mr. Jones was sentenced to life in prison, and his case is concluded. Ms. Krinick, now in private practice, did not return a call seeking comment. Nor did the commonwealths attorney for York County, Eileen M. Addison. It is not known whether the state intends to appeal. In a court filing last year, Ms. Addison, who also attended the debriefing, called Mr. Smiths account "false and libelous" and said her office "adamantly denies" it. But there are only about an hour and 3/4 of material on the audiotape, even though a detective announced that it started rolling at 4:16 p.m. and stopped at 6:16 p.m. In the court filing, Ms. Addison said the judge, Prentis Smiley Jr. of the York County Circuit Court, was not free to entertain a motion based on prosecutorial misconduct because Mr. Atkins's case was before him only on the question of mental retardation. Mr. Smith has a modest legal practice, working alone. "I do criminal work, civil work, real estate," he testified last month. He said he understood the reasoning behind the state bar's initial advice. It certainly practically would have put in jeopardy all the things that had been done or that we had done for our client," he testified last month. Mr. Smith wrote to the bar again in March, this time emphasizing that his clients case was over. A lawyer there would not give him an answer in writing, Mr. Smith said, but told him over the phone that he could "come forward and make known what had gone on at the meeting." Mr. Smith did not name the lawyer. James McCauley, the state bars ethics counsel, was out of the office on Friday and did not respond to a voice mail message seeking comment. Ronald D. Rotunda, who teaches legal ethics at George Mason University, said the rules in Virginia were murky about what lawyers in Mr. Smith's position could do. But if the bar's initial advice was correct, Professor Rotunda added, "there is something wrong about the law, particularly if you are talking about execution or years in prison." Richard G. Parker, a lawyer at OMelveny & Myers in Washington who represented Mr. Atkins along with Joseph A. Migliozzi Jr., praised Mr. Smith. "He had no dog in this fight," Mr. Parker said. "Les Smith brooded on this and came out and said something to do the right thing." Executions in Virginia usually occur within 7 years of the imposition of a death sentence, legal experts there said. So in a typical case without the intervention of the Supreme Court Mr. Atkins would be dead by now and Mr. Smiths revelations would have done him no good. In a brief interview, Mr. Smith said he did not think he should speak about his experiences because "there may be another forum for me to testify in." He added, a little cryptically, "I did what I have done." At a hearing last month, Mr. Smith was asked whether "the concerns you've been thinking about for 10 years have been addressed in your own mind?" "Yes," he said, "in that whatever went on is going to be exposed and someone will have made a decision about what went on. But I was also prepared to keep quiet had the bar come back with an opposite answer in March." (source: New York Times)
[Deathpenalty] death penalty news----W. VA., TENN., MISS., VA.
Rick Halperin Sat, 19 Jan 2008 15:55:39 -0600 (Central Standard Time)
