[Deathpenalty] death penalty news----ALA., OHIO, MD., TENN., US MIL.

[Rick Halperin]

Jan. 26



ALABAMA:

Inmate recants in bizarre Alabama murder case


A Walker County man who pleaded guilty to murdering 1 of his wife's 3
husbands in a bizarre show of love has recanted his confession, which
helped send the woman to Alabama's death row.

Tim Richards said he was goaded by his lawyer into giving a false
confession and that Shonda Nicole Johnson alone carried out the killing of
Randy McCullar, who had filed a bigamy case against her. Richards, who
pleaded guilty and testified against Johnson at her capital murder trial
in 1999, was sentenced to life with the possibility of parole. Johnson,
married to 3 men at the same time, was sentenced to death for having one
kill another while the 2rd died of AIDS.

But now Richards claims Johnson killed McCullar on her own.

"My lawyer told me we needed to stick with the story ... to get her,"
Richards said in a telephone interview Thursday with The Associated Press
from Kilby prison. "I have evidence to prove my innocence."

Walker County prosecutors did not immediately return messages seeking
comment, but Richards' former lawyer denied exerting any undue influence.

"I can assure you he wasn't coerced by me to confess to it," attorney
Ronald Sandlin said Friday. "That happened in 2000, and Mr. Richards
signed a plea agreement stating that he was the shooter."

Richards has filed documents in federal court seeking to get his guilty
plea and life sentence thrown out. State courts have already turned aside
his challenges.

Richards and Johnson, both 38, are imprisoned for a murder that drew
notice for its odd circumstances. Now Richards says he no longer loves
Johnson, but he would like to help her if he could.

In his court testimony during Johnson's capital murder trial and later
during a jailhouse interview with AP in 2000, Richards detailed how he and
Johnson followed McCullar in his car to a rural church parking lot, where
McCullar stopped to change a flat tire. Richards said he had cut the tire
while McCullar was in a bar, part of the plot to kill him.

McCullar had filed a bigamy case against Johnson, and Richards said she
thrust a deer rifle into his hands and urged him to shoot when McCullar
stopped to change the tire.

"She just kept saying, 'Do it! Do it!,'" Richards said in the AP
interview. "The last thing I remember seeing was him falling."

But now Richards says all that was a lie. In an affidavit filed in U.S.
District Court in November, Richards said he pulled into the church
parking lot alone after Johnson already had murdered McCullar.

"She threatened to kill me if I ever told this story," Richards said in
the statement.

In the telephone interview Thursday, Richards said he never would have
confessed without pressure from Sandlin, a claim the attorney denied.

"He is eligible for parole one day and his wife got the death penalty.
That's all I want to say about it," Sandlin said.

An appeals court overturned Johnson's death sentence, but the Alabama
Supreme Court reinstated it in 2006.

(source: Associated Press)






OHIO:

Rice says criticism unfair in 5 death penalty cases ---- Judge says
process can take years before it reaches his court.


It was a 1-page administrative order that transferred five cases from U.S.
District Judge Walter H. Rice to another judge, but Rice's critics in the
Hamilton County Prosecutor's Office pounced fast and hard.

Prosecutor Joe Deters told the Cincinnati Enquirer that Rice's office was
"like a black hole in the universe" and that "once a case goes in there,
we don't hear from him for 8 years."

Deters spokeswoman Megan Shanahan said Friday that "it appears to be a
delay, specifically of death penalty cases. It's no secret that Judge Rice
does not favor the death penalty."

However, when asked if she was saying that Rice was purposely delaying
justice, she said no, adding "I would not accuse a judge of purposeful
delay," before adding that "8 years is excessive and inexcusable."

Not fair, Rice said Friday, denying that he had sat on any case for 8
years. In fact, the process can take years before it even comes to him, he
said.

Rice said Chief Magistrate Judge Michael R. Merz serves as the court's
coordinator for death penalty appeals for both Cincinnati and Dayton.

"We don't get them until the state courts get a crack at every issue,"
Merz said.

But once those cases do get filed in federal court, the process starts
anew, with new lawyers appointed, who generally need time to familiarize
themselves with hundreds of pages of records, Merz said.

Then there are new hearings, new discovery requests and new filings that
can have dozens of individual arguments.

"In the death penalty cases, we are required to decide every claim that's
filed," Merz said.

The end result is a process that can take years before Merz is ready to
give a set of recommendations to the judge who is assigned to the case.

In reality, Rice said, the 5 cases that were reassigned were with him for
3 years or less, including one that was in his hands for 5 months.

"I'm proud of none of this," Rice said about those delays, but also said
that every death penalty defendant in the nation should have the review
that Merz gives.

"He is extraordinarily thorough and good," Rice said of Merz.

Of the 5 cases reassigned, only 1 is from the Dayton area: that of James
R. Taylor, who was sentenced to death in 1999 for shooting to death Ronald
and Carolyn Rihm at the Fraternal Order of Eagles Lodge in Fairborn.

The notice of intention to file a habeas corpus petition, the 1st step in
the appeals process, was filed in August 2003. Merz sent it to Rice for
review in October 2006.

Greene County Prosecutor Stephen K. Haller said Friday he was not
concerned about the delay in the case because death penalty appeals are
usually lengthy.

"Judge Rice has a reputation for being very deliberate," Haller said.
"Judge Rice has a reputation for taking his time."

(source: Dayton Daily News)

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

Prosecutor says he'll seek death penalty in arson case----3 types of
death-penalty specifications apply, a prosecutor says.


The arson and murder case against Michael A. Davis will be directly
presented Thursday to the Mahoning County grand jury with death-penalty
specifications, said Paul J. Gains, county prosecutor.

"We're going to present evidence to the grand jury and instruct them on
the law, including the death specifications, where applicable," Gains said
Friday. "The grand jury will be given all options under the law," he
added.

Gains said he'd rather not discuss the case too much because he was
concerned about the effects of pretrial publicity.

"You guys have basically convicted this guy in the media," objected Martin
Yavorcik, Davis' court-appointed lawyer. Yavorcik added that his client's
only court appearance was Thursday in municipal court by video
arraignment.

Calling Davis "a very quiet guy," Yavorcik said he met with him for 4
hours Thursday evening in Mahoning County jail, where he is being held
without bond.

As for Davis demeanor in jail, Yavorcik said: "I think it was complete and
utter disbelief that he's sitting in jail charged with the largest mass
murder in the history of Youngstown."

6 people, including 4 children, died in Wednesday's early morning blaze at
1645 Stewart Ave.

Robert E. Bush, chief of the criminal division in the county prosecutors
office, said he expects death specifications will be attached, where
applicable, to all 6 aggravated-murder counts. If he isn't sentenced to
die, Davis faces a potential life prison term if he's convicted of any of
the aggravated-murder counts, Bush said.

The 16 death specifications would allege four deceased victims were under
age 13, there were multiple murder victims, and that the murders were
committed during the commission of another felony, namely aggravated
arson.

Bush said he also expects the indictment to contain 11 aggravated-arson
counts, one for each person in the burning house, including the 6 who died
and the 5 who escaped, plus 1 for each of eight firefighters the fire
department said were injured while fighting the blaze.

Gains said hed oppose setting any bond for Davis, 18, of 817 Bennington
Ave., because of the seriousness of the charges and because he considers
him a flight risk.

"I'm absolutely going to seek a bond because he's presumed innocent,"
until proved guilty, Yavorcik said. "My guys not a flight risk," Yavorcik
said, adding that Davis lives with his mother and stepfather. "He doesn't
know anywhere else in the world," and doesn't own or drive a car, he
added.

Yavorcik said it is "highly likely" that defense counsel will seek a
change of venue to move the trial to another county because of the
considerable pretrial publicity. Typically, the trial judge decides
whether to grant such a motion after jury selection gets under way.

The decisive question for potential jurors is not whether they know about
the case, but whether they have formed an opinion as to Davis' guilt or
innocence, Bush said.

Bush and Robert Andrews, assistant county prosecutor, are now working on
the case, and Gains said, he, too, may become directly involved in the
prosecution.

If the indictment contains death-penalty specifications, two defense
lawyers must be appointed. Yavorcik said he is state-certified to be
co-counsel for such a case but not to be the lead defense lawyer.

Only 3 Mahoning County lawyers are qualified to be lead counsel in such
cases, according to the Ohio Supreme Court Web site. They are John Juhasz,
Lou DeFabio and James Gentile.

Bush said Davis' youthfulness would not be a reason for him not to seek
the death penalty. "The facts more than warrant the death specifications
being sought," Bush said. "You've got 6 victims. You have 4 victims under
13, and it was purposeful," he added.

There is a recent Ohio precedent for executing someone who was 18 at the
time he committed an aggravated murder. Adremy Dennis of Akron was
executed by lethal injection in October 2004 for the death of Kurt Kyle, a
Columbiana native and race car driver, who was fatally shot in an Akron
robbery that netted $15 in 1994.

Dennis, executed at age 28 after 10 years on death row, was then the
youngest inmate put to death in Ohio since 1962.

(source: Youngstown Vindicator)






MARYLAND----federal death penalty to be sought

Death penalty sought in killings


Federal prosecutors in Maryland said yesterday they will seek the death
penalty against 2 Baltimore men in a case involving 3 drug-related
murders, including the fatal shooting of a federal witness.

Melvin Gilbert, 33, and James Dinkins, 35, are accused of participating in
a drug ring called Special that sold heroin, cocaine and marijuana in
Baltimore between June 2002 and February 2007. The gang killed 3 people
and shot a 4th to intimidate and retaliate against potential witnesses,
according to Maryland U.S. Attorney Rod J. Rosenstein.

Gilbert and another man are accused of fatally shooting John Dowery in
2006 to prevent him from testifying and providing information to federal
authorities about the gang. Gilbert is also charged in the 2005 killing of
Shannon Jemmison, as is Dinkins. Dinkins also is charged in the fatal 2005
shooting of Michael Bryant.

(source: Baltimore Sun)






TENNESSEE:

Death penalty: Just or unjust?----Local professors weighs pros, cons


In 2000, a group of Jackson clergy bought a half-page advertisement in The
Sun, asking believers who read it to help bring an end to capital
punishment.

8 years later, the debate continues. The U.S. Supreme Court heard
arguments Jan. 7 on a case challenging the constitutionality of lethal
injection.

69 % of people are in favor of the death penalty, according to a 2007
Gallup poll.

The Roman Catholic Church and other mainline and liberal denominations
tend to oppose capital punishment, according to religioustolerance.org.

Most fundamentalist and evangelical denominations support it.

The Church of Jesus Christ of Latter-day Saints, Jehovah's Witnesses and
the Assemblies of God churches have no official position.

Religious groups who take sides usually do so for various reasons, said
Gene Davenport. He is professor of religion at Lambuth University.

Most churches opposed to capital punishment would say they base their
beliefs on the Christian gospel as they understand it in the New
Testament, Davenport said.

Free churches and Protestants who favor the death penalty also look to the
Bible for guidance, he said.

"They usually go back to the Old Testament and pull out the passage that
says 'an eye for eye and a tooth for a tooth.'"

People interpret the Bible differently, Davenport said.

Tennessee allows for the death penalty.

The state's first execution in nearly 40 years took place April 19, 2000,
at Riverbend Maximum Security Institution, where Robert Glen Coe was
executed by lethal injection.

Coe was convicted in the 1979 rape and murder of 8-year-old Cary Ann
Medlin.

Last May, the state executed Phillip Workman, who was convicted of killing
a Memphis police officer in 1981.

Jared Nolen, 19, supports the death penalty on a personal level.

"I just can't rationalize, in the case of a murderer or rapist, at least
not pursuing the death penalty in a case," he said. Nolen is a student at
Union University.

Ultimately, it is the jury's decision, but it should still be an option,
he said.

"As a Christian, it's a difficult thing to agree to, because we're
encouraged by Christ to be kind to our fellow man," he said. "But I also
looked through my Bible and found at least 16 examples of crimes that were
capital punishment crimes. This is what the Bible is saying to me."

David Kartzinel, 21, said he supports the death penalty, not as a tool for
revenge but as protection for society.

"It sets up an example, this is what we do when you do these things," he
said. "That's why executions used to be big public affairs, so people
would be afraid to do the crime."

He believes it's important this country's judicial system needs
improvement.

"So if we do sentence someone to death, it has nothing to do with color or
social strata or financial capability, only with guilt," he said.

Sean Evans, a political science professor at Union, said the
constitutionality of lethal injection, and not the death penalty, is what
is being questioned in the recent court case.

The lethal injection process involves 3 drugs.

The 1st is an anesthetic so the prisoner doesn't feel pain, Evans said.
Then a muscle paralyzer is injected, to keep the prisoner from twitching
on the table. Finally, a chemical is used to stop the heart.

"One of the issues about this method is that in some cases, a prisoner
might not have enough anesthetic, so they can still be in pain and not be
able to say so," Evans said.

No doctors are present to determine whether enough pain medication has
been administered. The American Medical Association has a rule which
prevents physicians from harming someone, Evans said.

"The question is, is this 'cocktail' a constitutional method of execution,
or is it cruel and unusual punishment?" he said.

Most political conservatives think lethal injection is OK, Evans said. But
most political liberals think there needs to be more research.

It takes 2 or 3 years of research before the Supreme Court makes a final
decision, he said. All states where the death penalty is legal are holding
a temporary stay on executions until the decision.

"There are a lot of people out there who believe that if we put a halt to
executions, more support to abolish it will grow," Evans said.

The debate amongst religious groups includes moral theories of punishment,
he said. One theory, utilitarianism, is based on whether or not the death
penalty is an effective deterrent to crime. The theory of retributionism
believes the punishment should fit the crime, a criminal should pay the
price for breaking the law, Evans said.

"Those who support the death penalty think the person deserves it, and now
they can't commit another crime," he said. "It was preventative - if they
didn't commit the crime, they wouldn't have to be punished. People are
responsible for their own actions."

Opponents think there hasn't been enough research on the effectiveness of
the death penalty, Evans said.

"They also say it's extremely expensive to execute someone when you could
just lock them up," he said. "But the biggest fear, especially in
religious groups, is the execution of an innocent life. It's final, so you
can't do anything to make it up to them if they're dead."

(source: Jackson Sun)






US MILITARY:

Indictment in Killing of Marine


A Camp Lejeune marine suspected of killing a colleague who was 8 months
pregnant last month, was formally charged with 1st degree murder Thursday
by a North Carolina grand jury in Onslow County, where the military base
is.

But the county prosecutor said he would not seek the death penalty of the
marine, Cpl. Cesar Laurean, if he is found in Mexico where he is believed
to have fled. Mexico, which does not have the death penalty, refuses to
send people charged with crimes in the United States back for trial unless
Mexican authorities are assured that American prosecutors will not seek
the death penalty.

The murder indictment and a long list of lesser charges are in connection
with the death of Lance Corporal Maria Lauterbach, 20, who disappeared in
mid-December and whose burned remains were found buried in Corporal
Laureans backyard on Jan. 11..

However, the district attorney, Dewey Hudson, said he reserved the right
the seek the death penalty if Corporal Laurean is arrested elsewhere. The
agreement not to seek death "applies only if he is arrested in and
extradited from Mexico."

Mr. Dewey said a military autopsy of Ms. Lauterbachs body indicated that
her fetus was not born alive, so Corporal Laurean will not face a second
charge of murder. He said additional tests will be conducted by military
officials in Dover, Del. to determine the paternity and sex of the unborn
child.

Officials have said Ms. Lauterbach died of "blunt trauma" injury to the
head on Dec. 14. But she was not reported missing until several days later
when her mother called the Onslow sheriff's office to say she not heard
from her daughter.

The death of Lance Corporal Lauterbach was revealed by Corporal Laurean's
wife, who said she found a note from her husband saying that Lance
Corporal Lauterbach had committed suicide and that he had buried her. Mr.
Hudson said Thursday that his office still regarded Mrs. Laurean as a
cooperating witness and that no charges against her were pending.

Corporal Laurean is generally believed to have fled to Mexico, the country
of his birth, after a lawyer in North Carolina told him he could face the
death penalty in connection with the killing of Ms. Lauterbach.

Because he used Lance Corporal Lauterbach's car and took her ATM card and
cash, Corporal Laurean was charged with car theft, attempted car fraud,
fraud and robbery with a dangerous weapon.

Mr. Hudson said he had to tell Mexican authorities of all the charges that
would be brought against Corporal Laurean as part of possible extradition
negotiations if he is arrested there. "We want to be extra careful because
we are dealing with a foreign country," he said.

(source: New York Times)