Jan. 4
TEXAS----new execution date
Rickey Lewis has been given an execution date for April 9; it should be
considered serious.
*********************************
Executions under Rick Perry, 2001-present-----253
Executions in Texas: Dec. 7, 1982-present----492
Perry #--------scheduled execution date-----name---------Tx. #
254-------------January 29----------------Kimberly McCarthy---493
255-------------February 20---------------Britt Ripkowski-------494
256-------------February 21---------------Carl Blue-------------495
257-------------February 27---------------Larry Swearingen----496
258-------------March 21------------------Michael Gonzalez----497
259-------------April 9-------------------Rickey Lewis-----------498
260-------------April 10-------------------Ribogerto Avila, Jr.---499
261-------------April 16------------------Ronnie Threadgill------500
262-------------April 24------------------Elroy Chester----------501
263-------------July 31-------------------Douglas Feldman------502
(sources: TDCJ & Rick Halperin)
TENNESSEE:
Tennessee searches for new death penalty drug
20 years of U.S. executions
There were 43 executions in the U.S. in 2012, the same as in 2011. The number
of executed prisoners has been on the decline since it peaked in 1999. No
Tennessee prisoners have been executed since 2009.
Executions nationwide by year
2012: 43
2011: 43
2010: 46
2009: 52
2008: 37
2007: 42
2006: 53
2005: 60
2004: 59
2003: 65
2002: 71
2001: 66
2000: 85
1999: 98
1998: 68
1997: 74
1996: 45
1995: 56
1994: 31
1993: 38
1992: 31
[source: Death Penalty Information Center, Tennessee Department of Correction]
No death row inmates are scheduled to die in Tennessee anytime soon.
The state's entire stock of a key lethal injection drug has been confiscated by
the federal government amid questions about whether it was legally obtained and
the state hasn't yet figured out how - or when - it plans to execute inmates in
the future.
But Tennessee Department of Correction Commissioner Derrick Schofield said the
state's lethal injection protocol is a top priority and he is pursuing
alternative drugs. He declined to detail exactly what options he was
considering, but other states have turned to an alternative drug used in animal
euthanasia.
"I've been a little cautious talking about this because some of it turns into
litigation," Schofield said in a recent interview. "I don't have a time frame,
but it's a matter of urgency for us. We have been pushing and working. I want
to assure that we haven't been sitting on our hands."
84 people sit on Tennessee's death row, 67 have been there for more than 10
years. For death penalty opponents, the sudden shortage in 2011 of the
anesthetic sodium thiopental has been a godsend.
5 states in recent years decided it was easier and cheaper to do away with
their death penalties than to keep them. And, according to the Death Penalty
Information Center, the nation tied 2011 for having the second-fewest number of
new death penalty convictions since 1976.
"We're very relieved," said the Rev. Stacy Rector, with Tennesseans for
Alternatives to the Death Penalty. "Unfortunately for us, until we get the
(death penalty) statute repealed, it's always going to be a concern."
But death penalty advocates say the drug shortage and Tennessee's delay in
finding an alternative drug, like pentobarbital which has been used in states
like Ohio, is preventing justice from being carried out.
"That's something that the people of Tennessee need to bring to the governor's
attention," said Michael Rushford, president of CEO of the Criminal Justice
Legal Foundation which helps litigate in support of the death penalty. "This
isn't the legal system failing, it's politics. It's really kind of a slap in
the face to state voters and to the victims who wait for justice, when a
politician can stop the entire process."
The Tennessee Attorney General's Office, which requests execution dates, said
it is also waiting for orders to proceed.
"We will file the appropriate motions to set executions as soon as the
executive branch indicates its readiness to proceed with executions," said
spokeswoman Sharon Curtis-Flair.
Gov. Bill Haslam's office said the department of correction is continuing to
explore options.
Both sides frustrated
As of today, Tennessee's death penalty protocol is the same as it was when the
state legislature made lethal injection the only way to execute inmates in
1998. The condemned are strapped to a gurney and then injected with 3 separate
chemicals.
They start with the sodium thiopental, which puts the inmate to sleep. Then,
they inject pancuronium bromide, which stops the inmate's breathing. Finally,
they administer potassium chloride, which stops the inmate's heart.
The 1st drug has been key to staving off challenges that lethal injection is
"cruel and unusual punishment", in that it is supposed to render the entire
process painless. In late 2010, however, the sole supplier of sodium thiopental
stopped supplying the drug, leading to shortages across the nation. Attempts to
obtain the drug overseas by states like Tennessee led to a federal lawsuit and
the seizure of those drugs.
In the meantime, rather than fight to maintain the old methods, some states
have turned to pentobarbital, which is commonly used to euthanize animals.
When asked if Tennessee was considering such a switch, Schofield would not say.
"There are a couple that we're looking at, I'd just prefer not to say which
one," he said. "Whatever drug we choose, it has to have the backing and the
knowledge that it will work and meet the requirements of the court."
In November 2010, Stephen Michael West was ready to die. A last-second appeal
to the Tennessee Supreme Court stopped his execution 30 hours before he was to
be put to death.
West, who was convicted in 1986 in the murder of Wanda Romines and her
15-year-old daughter, Sheila, in Union County, illustrates the criticisms - on
both sides - of the death penalty debate. He was 1st scheduled for execution in
2001, but it was stayed. He was scheduled for early November 2010, but it was
delayed until late November, which was then again indefinitely delayed.
"I don't know how you find a system any more wasteful than the death penalty
system," said Rector, with Tennesseans for Alternatives to the Death Penalty.
"We don't know how much we're spending on a system that's executed 6 people
since 1960."
But those delays are equally frustrating for people like Eddie Campbell, of
Andersonville. His uncle, Jack Romines, was married to Wanda Romines when West
murdered her. Jack Romines died 4 years ago.
"The family's dying off. He never got to see any justice for his family. That's
just terrible," Campbell said. "It's a real slap in the face."
Campbell said he's been waiting for answers for years as to why his family
hasn't seen justice yet.
"Somebody should be able to give me a reason for that, I don't know why they're
not," he said. "They need to step up to the plate and do their job or stand
aside and let somebody else."
(source: The Tennessean)
************************
Attorneys: Death row inmate is mentally disabled
Attorneys for a Tennessee death row inmate are asking a federal judge to spare
him from facing the death penalty because he is mentally disabled.
Byron Lewis Black was convicted in 1989 of killing his girlfriend, Angela Clay,
and her 2 young daughters, Latoya and Lakeisha, in Nashville.
He was given life sentences for the murders of Angela and Latoya Clay, but was
sentenced to death for the murder of Lakeisha Clay.
Black's attorneys have claimed that he is intellectually disabled and that they
have struggled to communicate with him during his trial and appeals. But
prosecutors point to his scores on IQ tests he took before he turned 18. He did
not score less than 70 on the tests, which are considered a factor in
determining whether a person has limited mental abilities.
But in 2011, the U.S. Court of Criminal Appeals for the 6th Circuit ruled in a
2-1 decision to remand the case back to federal court in Nashville.
The judges said a state appeals court did not adequately consider Black's
claims based in part on a recent Tennessee Supreme Court opinion.
U.S. District Court Judge Todd Campbell is scheduled to hear oral arguments in
the case on Thursday afternoon.
The Tennessee Supreme Court ruled in 2011 in another death row penalty case
that Tennessee law does not require that raw scores on IQ tests be accepted at
their face value. The ruling also said that the courts may consider competent
expert testimony showing that a test score does not accurately reflect a
person's functional IQ or that the raw IQ score is artificially inflated or
deflated.
Black's attorneys argued in court briefs that the judge should also consider
testimony from experts who have evaluated Black and say that he is mentally
disabled and that he also suffers from brain damage and mental illness, which
affect his ability to understand what is going on around him and participate in
his case.
Attorneys for the Tennessee Attorney General's office said in court briefs that
state law requires intellectual disability must be shown early in the
defendant's life, typically before age 18. They argued that the experts have
not proven Black was mentally disabled as a child.
No execution date has been set for Black.
(source: Associated Press)
SOUTH DAKOTA:
Death sentence overturned in prison guard killing
The South Dakota Supreme Court has overturned a state prison inmate's death
sentence for the killing of a prison guard nearly 2 years ago.
In an opinion released Thursday, the justices said Rodney Berget, 50, must get
a new sentencing hearing because the circuit judge who sentenced him to die
improperly considered a statement Berget made to a psychiatrist.
The high court said it could not conclude that the use of the statement, in
which Berget said he deserves the death penalty for taking Ronald "R.J."
Johnson's life and destroying a family, was harmless beyond a reasonable doubt.
Lynette Johnson, the correctional officer's widow, told KSFY television that
she is "devastated" by the ruling and feels that the original case was properly
presented.
Berget's lawyer, Jeff Larson, did not immediately return a call seeking
comment.
The high court had weighed 12 issues raised by Larson and ruled in the state's
favor in 11 of them, including determining that Berget knowingly and
intelligently waived his right to be sentenced by a jury. But it ruled in
Berget's favor on the use of the psychiatrist's statement and sent the case
back to the trial court for a new sentencing hearing.
Despite that, state Attorney General Marty Jackley said in a statement that the
court's ruling affirms the "appropriateness of a death sentence for Berget's
crime."
The state presented substantial evidence demonstrating the heinousness of the
crime and Berget's extensive criminal history, little chance of rehabilitation
and multiple escape attempts, Jackley said.
"I am pleased that the Supreme Court has affirmed the overwhelming majority of
the evidence was appropriately considered," Jackley said. "The single remaining
issue surrounding psychological evaluation may be conducted on the existing
record without causing excessive delay."
Berget and another inmate, Eric Robert, attacked Johnson on April 12, 2011 -
the prison guard's 63rd birthday - and beat him to death. Robert then donned
Johnson's uniform and tried to push Berget, hidden inside a box, outside the
gate of the South Dakota State Penitentiary in Sioux Falls.
Both men pleaded guilty and were sentenced to death. Robert was executed in
October. A third inmate, Michael Nordman, was given a life sentence for
providing materials used in the slaying.
The high court said Circuit Judge Bradley Zell, of Sioux Falls, should not have
considered a statement Berget made to Dr. David Bean during a competency
evaluation because it violated Berget's right to be free from
self-incrimination.
"They'll never see their father again or husband," Berget said in the
statement. "He will never walk through that door again. I made sure of that by
my actions. I'm not going to beg the Court or ask the Court to spare my life. I
believe I deserve the death penalty for what I've done."
By a 4-1 margin, the high court sent the case back to circuit court for
resentencing without the use of or consideration of the doctor's report, unless
Berget opts to call Bean to testify.
Chief Justice David Gilbertson said in the court's opinion that the existence
of the report had been disclosed to the state and the circuit court with the
understanding that it would be kept under seal unless Bean was called by Berget
as a witness.
Retired Justice Robert Miller, who subbed in for Justice Lori Wilbur on the
case, was the lone dissenter. Miller said he believes Berget's sentence would
have been death even if the court had not considered Berget's statement.
(source: Associated Press)
COLORADO:
Death penalty: Representative Claire Levy says she is confident a repeal could
pass
Before Representative Claire Levy proposes legislation to repeal the death
penalty in Colorado, she wants to be sure that it can pass.
And after more discussions with her fellow lawmakers on the topic, she says it
seems like the momentum is right to get rid of the death penalty -- even if
one of her Democratic colleagues is adamantly opposed to the move.
"I can't say with certainty...but I'm getting more confident," Levy says.
"Those of us who are sponsoring it want to be sure we are going to be able to
pass it before we introduce it. We are getting in confident in that."
At a pre-legislative forum in December, reporters asked the leaders of the
Colorado General Assembly whether it was likely that a proposal to repeal the
death penalty would be considered this year. At the time, Democrats said it was
a possibility and John Morse, the new president of the Senate, revealed that he
would likely support a repeal, which he has opposed in the past.
And though the new legislative session hasn't yet begun, the possibility of a
death penalty repeal has since gotten more attention, most recently with
reports that Levy, a Democrat who represents Boulder, is exploring the
potential for a bill.
Representative Rhonda Fields, an Aurora Democrat, told us last week that she
has been and will remain strongly opposed to any efforts to get rid of the
death penalty, calling the proposal "an insult to crime victims." For Fields,
it is very personal: 2 of the 3 inmates on death row in Colorado were
responsible for the death of her son in 2005.
"There's nothing that can undo what happened to her son," Levy says of Fields's
concerns. "I'm a mother. I think I have some inkling of how painful it would be
to lose your son to violence, but I think it's my obligation as a state
representative to have our laws reflect what I believe are the current
standards of decency and humanity in this country."
Levy points out that seventeen states currently do not have the death penalty,
and says the time has come for Colorado to join the ranks.
"We have increasing concerns about the possibility of executing an innocent
person," says Levy, adding, "The data is overwhelming that it is not applied in
an objective, consistent and fair way.... It's applied inconsistently and
arbitrarily."
Levy says her repeal proposal would mean that convicted criminals could be
sentenced to life without the possibility of parole. "We want to be sure that
it's very clear to the public and other legislators that [criminals]...could be
sentenced to die in prison," she says, noting that no one on death row who was
convicted and sentenced would have their sentence retroactively changed.
"At some point," she continues, "you have to ask the question, to what extent
are we going to go to execute people when we have an alternative, i.e. life in
prison, that keeps the public safe? It prevents the person from ever walking
free.... Why go to the extent we are going to execute someone?"
Supporters have pointed out that some of the worst criminals, such as Aurora
theater shooting suspect James Holmes, are often exempt from the death penalty
anyway, due to insanity determinations. And another argument in favor of
abolishing the death penalty is that it is expensive to keep inmates on death
row -- and that the money could be put to better use.
Levy is using all these arguments as she explores the possibility of pushing
the proposal. "The time is right," she says.
(source: Westword)
CALIFORNIA:
Death penalty defendant pleads to killing teen
A California death penalty defendant has pleaded guilty to the beating and
burning death of a 15-year-old Santa Maria girl.
The Tribune of San Luis Obispo (http://bit.ly/WnthQc) says Ty Michael Hill,
whose trial was expected to start next month, entered a plea on Wednesday to
1st-degree murder. He was sentenced to life in prison without parole.
The battered and partially burned body of Dystiny Myers was found by
firefighters in Santa Margarita in September 2010.
Prosecutors say Rhonda Maye Wisto ordered the death of Myers because the teen
had been disrespectful.
Wisto, her son Frank Jacob York and Cody Lane Miller face trial next month.
Another defendant, Jason Adam Greenwell, has agreed to a plea deal in exchange
for his testimony.
Hill was the only defendant facing the death penalty.
(source: Associated Press)
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