Jan. 18
MONTANA:
Clemency for Ronald Smith? New Governor Should Say Yes
Montana's last Governor, Brian Schweitzer, disappointed many individuals when,
at the end of his term, he decided to not act on the clemency petition for
Canadian death-row inmate Ron Smith. His last-minute announcement that he was
not going to act reflects two or three elements of this complex case. First,
the Governor noted in interviews given to the press that he did not see
anything which was imminent or pressing which required action. The lethal
injection protocol has been enjoined since late 2009, and the injunction
appears likely to remain in place through the hearing on the merits of the
lethal injection protocol in July 2013 and for another 6-9 months beyond,
through any appeal to the Montana Supreme Court. Unless the state can develop a
new protocol within the restrictions of the current Montana statute, an event
which appears questionable, proceeding forward may require legislative
modification of the statute, which could mean that this issue would extend into
the 2015 Legislative session.
Second, Governor Schweitzer is aware that, as with the past four sessions, an
abolition bill is likely to be introduced during the present legislative
session. Were abolition of the death penalty to pass, capital sentences would
be converted to life in prison without chance for parole. Again, this only
underscores the fact that action was not required and that, even if the
Governor was an opponent of the death penalty, an issue which he never made any
clear policy statements about, Ron Smith's sentence might be modified without
the necessity of clemency.
Third, Governor Schweitzer is a strong ally of the Native people in Montana and
the two victims of this crime, which occurred now more than 30 years ago.
Tribal members and the 7 tribes in Montana have been clear that, as regards
this crime, they would like to see the original sentence carried out.
Thus it appears that the lack of an immediate concern that the death penalty
would be administered, the possibility that Montana could totally abolish the
death penalty and not wanting to offend Native American groups combined
together to cause the Governor to not act on the pending clemency petition.
Given these factors, what can be expected from the new Governor, former
Attorney General Steve Bullock? While Governor Bullock was the chief law
enforcement officer for Montana for four years, he has not taken any clear
position on death penalty issues. He has continued the position which all
previous attorney generals have taken for more than 30 years, discouraging
county attorneys from seeking the death penalty in cases. This position
resulted in only one case in which the death penalty was sought during Governor
Bullock's term as AG. Thus, Bullock is no stranger to the issues nor to the
complexities and problems with the lethal injection protocol, since it has been
attorneys from the AG's office who have been defending the state's current
protocol.
There are several features which Montana's new Governor might look at in
deciding whether to grant clemency to Ron Smith. Smith was one of three
individuals involved in the kidnapping and death of the 2 Native American men
in the early 1980s. One individual was not charged at all with a capital
offense and the other co-defendant took a plea and was sentenced to 100 years.
Since their convictions, both men who were co-defendants with Ron Smith have
either served their sentences or have been granted parole. Thus the inequity of
the death sentence looms large in this case, given its unequal application to
the men who committed this crime.
Also, as noted, Montana has never had a history of using the death sentence as
a central part of its criminal justice proceedings. There have been only 4
executions in Montana since 1945, and 50 years went between the 1st and 2nd
executions; the last 2 executions were with volunteers -- inmates sentenced to
death who had stopped all appeals and accepted the death sentence as a means of
escaping the potential of life-long imprisonment.
Finally, there is the issue of closure for everyone -- for the victims'
families and for society. The present system simply brings closure to no one.
Every time there is another hearing or, as here, the end of one Governor's term
approaches, the fact of this crime and the reminder of the losses to the
families play out repeatedly. There is no closure given the present system of
death penalty litigation and the ongoing and developing jurisprudence in this
area, which continues to raise new issues, many of which entitle an inmate
under the death sentence to raise new challenges to the sentence or the lethal
injection protocol.
It is too early to tell how Governor Bullock will react to these issues, but in
addition to stepping into a new office with vast responsibilities, Governor
Bullock will have the opportunity in the near future to weigh the fate of Ron
Smith and at least be given the opportunity to decide whether for all of the
reasons shown during the clemency hearing and as summarized above, clemency is
the most appropriate way to address and decide Ron Smith's fate.
(source: Ronald Waterman, Huffington Post)
CALIFORNIA---new book
Book Review: Chessman and His Nine Lives on Death Row by Terrence W. Cooney
In 1956 the author of Chessman and His Nine Lives on Death Row, Terrence W.
Cooney, was appointed by the California Supreme Court to argue the death
penalty of Caryl Chessman who pleaded guilty to 2 murders. This was a case that
captured much attention and brought prominence to the state of California.
During the beginning of this case, the author argued that capital punishment
was cruel and unusual punishment, but this was rejected by the courts.
The interesting thing about this book it is not whether Chessman was guilty or
innocent, but the amount of factual information readers will get about how our
court system works. Another thing I found interesting is that Chessman received
8 stays of execution, the last given by Governor Brown.
Chessman always felt like the system was playing the shell game with him,
confess and you will be saved. But "we" are going to execute you anyhow.
The author does a great job of explaining how the court system works, and how
each player has an important role in what happens to an inmate. He discusses
the anger, resentment, power, and control issues, all the while not even taking
into consideration the facts one has on the inmate.
Chessman and His Nine Lives on Death Row by Terrence W. Cooney is a fascinating
read that gives readers a real look at what goes on in our prisons.
(source: Carol Hoyer, blogcritics.org)
*********************
Alleged shooter in Northridge murders could face death penalty
The house on the 17000 block of Devonshire St. in Northridge where 4 people
were found fatally shot on Dec. 2, 2012.
The man county prosecutors accuse of gunning down 4 people in the front lawn of
an unregulated Northridge boarding home last month, may face the death penalty.
Prosecutors have charged Ka Pasasouk with 4 counts of murder with special
circumstances that could carry the death penalty. He was also charged with 1
count of attempted murder, 5 counts of assault with a semiautomatic firearm and
possession of a firearm by a felon with 5 priors.
Los Angeles police officers found four people dead outside the Devonshire
Street boarding home early morning on Dec. 1. Pasasouk, 31, was arrested at a
Las Vegas hotel on Dec. 3 with 3 other suspects.
Jennifer Kim, 25 of Montebello, Teofilo Navales, 49, of Castaic, Robert
Calabaia, 34, and Amanda Ghossen, 24, of Monterrey Park all died in the attack.
Authorities believe they had been at the house to visit other people who lived
there.
The quadruple homicide sparked debate among political players about
California's criminal justice law and city boarding home regulations.
Pasasouk had a long criminal record and had already violated his probation at
the time of the alleged killing. County probation officials apparently
recommended he be placed back into custody.
The Los Angeles County District Attorney issued at statement saying they erred
when the office recommended that Pasasouk be eligible for drug rehab program
that allowed him to complete his sentence outside of jail.
Pasasouk will be arraigned on Jan. 25. He is being held without bail.
Prosecutors will decide later whether or not to seek the death penalty on this
case.
(source: Southern California Public Radio)
******************
Prostitute Led Oakland Gang To Millionaire's Home Invasion Murder
Police investigators said Wednesday they believe the home invasion robbery and
murder of a Monte Sereno millionaire could be connected to a notorious gang
from East Oakland.
According to the San Francisco Chronicle, unnamed law enforcement sources said
that Raveesh "Ravi" Kumra was killed Nov. 30 during a home invasion robbery
after a prostitute gave a gang, known as the 'Money Team,' information about
his Monte Sereno mansion.
The Money Team is one of the gangs that Oakland Police Chief Howard Jordan
recently attributed to the recent spike violent crime happening in that city.
1 of the 3 men arrested in connection with the murder is believed to have ties
to the Money Team, while a 2nd is linked to the 'Ghost Town' gang, another
group that reportedly works in tandem with the Money Team.
There have been no comments from attorneys on either side because documents
related to the case have been sealed by a judge.
21-year-old Javier Garcia, 21-year-old Deangelo Joseph Austin and 26-year-old
Lukis Delorean Anderson are charged with murdering Kumra while in the
commission of a robbery at Kumra's home, according to the district attorney's
office.
22-year-old Raven Dixon is accused of being an accessory to the murder.
The 3 men are also accused of assault with a deadly weapon by using a metal
object to strike Hariner Kumra, Kumra's wife, threatening her with bodily harm
and falsely imprisoning both her and husband during the attack in the couple's
home.
Prosecutors said they intend to seek the death penalty or life imprisonment
without parole in the case.
(source: CBS News)
MARYLAND:
MD Gov. Seeks Death Penalty Repeal; O'Malley Supported by NAACP CEO Ben
Jealous, Human Rights Activists in Effort
Maryland Gov. Martin O'Malley (D) announced he is seeking repeal of the death
penalty in the state, drawing the praise of the human rights community.
"The death penalty does not work in terms of preventing violent crime," the
Democratic governor said Jan. 15 at a news conference, where he was surrounded
by anti-capital punishment legislators, law enforcement officials and
activists.
States with the death penalty tend to have higher homicide rates, which
undercuts claims that it acts as a deterrent, O'Malley said. And, not only does
it not work, but it is expensive, he said, wasting much-needed funds during
economically trying times.
"It would seem to me that, especially in tough times, if there is something
that we're doing through our government that is expensive, and does not work,
then we should stop doing it," he said.
He added, "Every dollar we choose to spend on an ineffective death penalty is a
dollar we're not spending on crime-fighting technologies and tools that
actually work. Investing in law enforcement, data-driven policing, performance
measurement, strengthening partnerships, investing in the latest crime fighting
technologies, DNA analysis - these are the ways we drive down crime."
The 2nd-term governor also cited moral considerations in his decision to
introduce the legislation. In 2008, the Maryland Commission on Capital
Punishment, led by former U. S. Attorney General Benjamin Civiletti, found that
at least 1 of every 8.7 persons sent to death row has been exonerated. The
commission also found racial bias in the use of the ultimate punishment.
This is the 2nd time O'Malley has introduced legislation to abolish capital
punishment in Maryland. In 2009, the push stalled when the bill was held back
in committee. Death penalty opponents say they are determined to see an end to
the death penalty this year and will push for a referendum on the issue if the
measure is stymied in the General Assembly again.
"The death penalty has failed Maryland," said Benjamin T. Jealous,
president/CEO of the NAACP, which has been an avid death penalty opponent. "It
does not deter crime and is used almost exclusively on the poor."
"Across Maryland, people have come to understand how ineffective and unfair the
death penalty is," added Gerald Stansbury, president of the Maryland state
conference of the NAACP, in a statment. "This issue is important to our
constituency in Maryland and we are determined to make sure the legislature
acts this year to put an end to capital punishment."
O'Malley's bill, Death Penalty Repeal and Appropriation of Saving to Aid
Survivors of Homicide Victims, would repeal the death penalty and replace it
with a maximum sentence of life in prison without the possibility of parole.
The bill also would earmark $500,000 annually to aid surviving family members
of murder victims. The funding would come from savings in the state general
fund realized by ending death penalty prosecutions.
If Maryland passes the measure, it would become the 6th U.S. state to discard
the death penalty in recent years, following New York (2004), New Jersey
(2007), New Mexico (2009), Illinois (2010) and Connecticut (2011).
"Governor O'Malley has been a firm supporter of ending the death penalty for
many years, and we are pleased that he has made the issue one of his top
priorities for this legislative session," said Jane Henderson, executive
director of Maryland Citizens Against State Executions, in a statement. "His
renewed leadership puts us on track to finally end capital punishment in our
state."
(source: Afro.com)
***********************
'Worst of the worst' deserve execution; Balto. Co. state's attorney says
capital punishment must be retained in special cases and as a deterrent
Legislation is being submitted to abolish the death penalty in Maryland. It is
suggested that the death penalty costs too much, achieves little and diminishes
us as a society. The push to repeal comes on the heels of a poll showing that
Marylanders still support the death penalty.
If the death penalty diminishes us as a society, how can it be that 48 % of the
community wishes to have it remain as a punishment and only 42 % does not?
There is a reason.
The death penalty in Maryland in the last 40 years has been applied in a much
different manner than in other states - and even when compared to Maryland's
own history. Texas has executed 474, Maryland 5. California has 721 on death
row, Maryland 5. Before 1976, Maryland executed 306, since then 5. This rare
and selective use of the death penalty reflects the conscience of the
community. The ultimate punishment is reserved for those who commit the most
heinous crimes.
In 2009, our death penalty statute was restricted even further to assure that
only those whose guilt is conclusively proved face that sentence. Maryland
currently has the most demanding and restrictive death penalty statute in the
country. To be eligible for the death penalty, one must commit a 1st degree
murder coupled with an aggravating factor, such as killing a police officer or
killing more than 1 person. The state must prove that the killer is guilty
using more than just eyewitness testimony. The state also needs either DNA
linking the defendant to the murder, a videotaped confession or a video of the
murder. This is in addition to the protections of a jury of one's peers and a
direct appeal to Maryland's highest court. These guidelines ensure Marylanders
that those who receive a sentence of death are truly guilty.
When we live in times of mass murders - Oklahoma City; the World Trade Center;
Virginia Tech; Aurora, Colo.; and Newtown, Conn., to name a few - why would we
remove the ultimate sanction for such crimes? And how do we assure our
correctional officers' safety from inmates serving a life sentence who have
nothing left to lose when they kill again in our prisons? Both prison employees
and inmates need to know that if an inmate kills while behind bars, the
punishment will be severe.
It is true that the last several times jurors in Maryland have been given a
chance to impose the death penalty, they have not done so. This is how the law
is supposed to work: thoughtful jurors listening to the facts and weighing the
appropriate sentence. This is not a reason to take the penalty off the books
for all time. This is a reason to celebrate that the system in Maryland works.
It is argued that those who receive a death sentence file countless appeals and
receive one court hearing after another. Any reasoned observer would see that
those who receive life without parole do the same thing - and have the rest of
their lives to do so. Further, the cost of doing what is right should never be
a factor in the criminal justice system.
Unfortunately, in Maryland, one day we will wake up to the news that a person
has committed another unspeakable crime against his fellow man - maybe one
similar to Newtown. What do we tell our fellow citizens when the death penalty
is not even available as an option for the killing of 20 schoolchildren? What
do we tell the rest of the country?
This is not a matter of vengeance; it is a matter of justice. Justice must
exist for the killer, his victim and our community. When there is justice, much
is achieved.
It is my strong belief that the death penalty should remain a sentencing option
for those prosecutors who wish to seek it. More Marylanders than not share my
view that we must retain the death penalty as an available tool when
prosecuting those murderers who are the worst of the worst.
(source: Scott Shellenberger is the Baltimore County state's attorney;
Baltimore Sun)
*******************
Death penalty unfair, expensive; 'Dead Man Walking' author calls on Maryland to
end state-sanctioned killing
On the heels of an election that affirmed the Free State's desire for equal
opportunities and protections under the law for everyone, we see a path to
another victory for fairness and justice. It's time for Maryland to abolish the
death penalty.
Maryland is on the cusp of putting an end to this failed experiment in
orchestrated killing. Like the coalition that crossed faith, political, racial
and economic boundaries to pass the Dream Act and marriage equality, a
similarly strong alliance is emerging to end the death penalty and to replace
it with a conviction of life in prison without the possibility of parole.
We are an eclectic coalition, called to this work for differing reasons. For
some, it is a matter of faith and moral conviction that state-sanctioned
killings are wrong. Others fight against this punishment because of the
inherent inequalities that exist in our criminal justice system. And still
others have evolved in their position because they have come to realize the
death penalty is indefensible in practice.
We are all united in the belief that capital punishment is a uniquely severe
and irreversible component of our legal system that neither deters crime nor
guarantees justice. States that impose capital punishment do not have lower
rates of criminal homicide. Indeed, the Federal Bureau of Investigation reports
that states with the death penalty generally have the highest murder rates. A
national survey of chiefs of police ranked the death penalty as one of the
least effective ways to reduce violent crime. Rather, they suggest increasing
investments in police officers, reducing drug abuse, and creating a better
economy with meaningful jobs as better ways to reduce violence.
Another reason to abandon this form of punishment is that it is unevenly and
unfairly applied. In Maryland, 76 percent of murder victims are African
American, yet all of the men sitting on death row are there for killing a white
person. A Maryland commission concluded that black offenders killing white
victims were at greater risk of a death sentence because they were more likely
to be charged with a capital offense by the state's attorney.
The irreversibility of the death penalty requires an absolute certainty in
capital cases that we cannot possibly obtain. Life in prison without the
possibility of parole is a fairer approach to punishment.
Life in prison is smarter economically, too. Taxpayers are expected to benefit
from a $1.4 million reduction in litigation costs after the first year of
repeal, and $800,000 in savings the year after.
Put simply, the death penalty does not make us safer; it does not save us
money; it does not work; and it cannot be fixed. It must be abandoned.
Kirk Bloodsworth is living proof of that. Kirk is a lifelong Marylander and
Marine who was wrongly convicted of homicide in 1983. He spent nine years in
prison, including a harrowing 2 years on death row awaiting his ultimate
punishment, before DNA evidence proved his innocence. His chilling story is not
unique. To date, more than 280 people in 35 states have been exonerated through
post-conviction DNA testing.
With popular opinion turning our way, so has legislative momentum. Last year's
legislation garnered 66 sponsors in the House and 19 in the Senate. We need 71
votes to prevail in the House and 24 in the Senate. It is time to put this
support to the test of a vote.
By willfully taking human life, the state imitates the worst of human impulses.
Extinguishing a light, however dim, is never a path to greater illumination.
Ending this unworkable, immoral, failed aspect of our justice system is the
right thing to do. And now is the right time to do it. Maryland, let your light
shine.
(source: Sister Helen Prejean is a nationally acclaimed death penalty repeal
advocate and author of the bestselling book, "Dead Man Walking." Del. Heather
R. Mizeur represents the 20th Legislative District in Montgomery County and is
a cosponsor of legislation to repeal Maryland's death penalty; Baltimore Sun)
**********************
Thanos Case Recalled With Death Penalty In Focus
With the governor's proposed repeal of the death penalty taking center stage in
the General Assembly this week, a brutal murder spree that began in Worcester
County over 2 decades ago dimmed from memory over the years has come back into
focus.
On Tuesday, Maryland Gov. Martin O'Malley announced a renewed effort to repeal
the death penalty in Maryland. The Maryland legislature reinstated the death
penalty in 1990 and convicted murderer John Frederick Thanos, whose Labor Day
weekend killing spree in 1990 began with his 1st murder along Route 50 in
Whaleyville in Worcester, was the 1st in the state to be put to death by lethal
injection under Maryland's new policy and the 1st by any means since 1962.
While the debate about the death penalty rages on over two decades later,
almost everyone close to the 1990 murder spree that began in Worcester agrees
Thanos was the poster child for capital punishment in Maryland if ever there
was one. Delegate Mike McDermott, who was a young law enforcement officer on
the lower shore at the time, said this week Thanos wanted to die.
"I was working on the shore when Thanos was caught," he said. "The only reason
he was put to death was because he demanded it. You would have thought he was
Hannibal Lector the way he was handled. He would have killed again and I don't
have any problem with that application of the death penalty."
In an interview with The Dispatch a few years back on the anniversary of the
murder spree, Snow Hill attorney Randy Coates, who was State's Attorney for
Worcester County at the time, said Thanos deserved his ultimate fate.
"Personally, I don't feel that strongly one way or the other about the death
penalty, but if anybody on earth deserved to be put to death, it was John
Thanos," Coates said. "He had no redeeming value as a human being. He was
unique in his evil."
Murder Spree Begins
Sometime on Friday afternoon, Aug. 31, 1990, Thanos kidnapped a cab driver in
Salisbury, stuffed the driver in the trunk and drove around that city for
several hours before abandoning the vehicle. Later that night, Thanos
hitchhiked out of Salisbury along Route 50 when he was picked up by 18-year-old
Gregory Taylor, a Mardela High School student heading toward Ocean City. Thanos
pulled a gun on Taylor and ordered him to drive to Fooks Rd. in Whaleyville.
According to Thanos' own testimony, the 2 men walked to a wooded area where
Thanos shot Taylor in the upper body several times before taking his car and
money. According to Thanos' videotaped confession, Taylor begged for his life
before Thanos brutally shot him. The next day, Thanos, still driving Taylor's
car, walked into a Salisbury convenience store with the purpose of robbing it
when he shot the clerk in the head at close range. The bullet grazed the side
of the clerk's head and he was not seriously injured, which made him a lot
luckier than Thanos' next hold-up victims. From Salisbury, Thanos headed west
on Route 50 across the Chesapeake Bay to Essex in Baltimore County where he
brutally murdered Melody Pistorio, 16, and her boyfriend Billy Winebrenner,
also 16, during a hold-up of a gas station where Pistorio worked.
Police Capture Thanos
The brutal murder of the 2 Essex teenagers briefly put an end to Thanos' spree
and the ruthless killer returned to the Salisbury area when things started to
unravel for him. Salisbury Police saw a car matching the description of a
vehicle seen leaving the Salisbury convenience store robbery and shooting 2
days earlier traveling north on Route 13 and began pursuit. Multiple law
enforcement agencies from both states chased Thanos into Delaware where he
briefly lost police, abandoned the vehicle, ran on foot through the woods back
to Route 13 and carjacked another vehicle. Thanos flagged down the driver and
forced him at gunpoint to drive into Kent County, Del. where they eventually
pulled into a fast-food restaurant parking lot in Smyrna. Police swarmed the
vehicle and a protracted gun battle broke out before Thanos exhausted his
ammunition supply and was taken into custody without further bloodshed.
According to Thanos' mother Patti Thanos, who was interviewed by The Dispatch
following his arrest, her son wanted to die and wanted to be killed in a
gunfight with police. "He said to me, 'I want to kill in order to be killed,'"
she said during the interview. "He said he was getting too old and didn't have
the guts to kill himself, so he was going to have a shootout with police."
Police Led To Body
Smyrna Police interrogated Thanos who boldly revealed the details of his 3-day
binge, including the murder of Gregory Taylor in Worcester County and the
murders of the two teenagers in Baltimore County. He was extradited to
Worcester County, where he described in great detail the events in a videotaped
confession. According to Coates, Worcester had just acquired the capability of
videotaping suspect confessions about 2 months earlier and the sordid details
revealed by the brash Thanos in the confession played an important role in his
conviction in the 3 murders and his ultimate execution. Following the
videotaped confession, Thanos led local police to Taylor's body, which he had
buried in a shallow grave in a wooded area along Route 113 near Berlin.
Murder Convictions
After being convicted and sentenced for the convenience store robbery and
shooting in Salisbury as well as the kidnapping of the cab driver, Thanos sat
in the Maryland Penitentiary SuperMax where he awaited trial for 1st-degree
murder in both Worcester and Baltimore counties. During the months leading up
to his 1st-degree murder trials, Thanos was routinely transported back and
forth from SuperMax to Worcester County and Baltimore County. His Worcester
County trial was eventually moved to St. Mary's County in Southern Maryland,
while his Baltimore County trial was moved to Garrett County in Western
Maryland.
The Garrett County case was eventually retried and a guilty verdict in the 1st
degree murder charge was finally handed down. The St. Mary's County trial for
the murder of Taylor in Worcester County resulted in the same verdict.
Executed In Maryland
Maryland had not executed a convicted killer since June 10, 1962, but that did
not dissuade prosecutors, from deciding to pursue the death penalty against
Thanos from early on. When the Supreme Court declared death statutes across the
country invalid in 1972, Maryland's statute also fell. It wasn't until
Maryland's General Assembly session of 1994, well after Thanos had committed
his Labor Day murder spree in 1990, that state lawmakers reinstated the death
penalty on a limited basis. Thanos was already convicted before the new law was
enacted and was apparently ready for the state to reenact the death penalty.
The heinous murderer remained stoic throughout the last weeks of his life and
never showed the least bit of remorse. In fact, during a hearing not long
before he was executed -- a hearing attended by the victim's families -- he
literally mocked the still grieving relatives. "Their cries bring laughter from
the darkest caverns of my soul," he said. Finally, after more than 30 years
with no execution in Maryland, Thanos was executed on May 17, 1994 by lethal
injection.
(source: Maryland Coast Dispatch)
US MILITARY:
Judge orders sanity review in Afghan massacre case
An Army staff sergeant accused of massacring Afghan civilians must undergo an
official sanity review before a mental health defense can be presented, the
military judge overseeing the case said Thursday.
Staff Sgt. Robert Bales deferred entering a plea Thursday at Joint Base
Lewis-McChord to 16 counts of premeditated murder and other charges related to
a nighttime attack on 2 villages last March. The Army is seeking the death
penalty.
But the judge, Col. Jeffery Nance, took up arguments over whether Bales can
present a mental health defense or testimony from mental health experts, given
that he has not yet participated in a "sanity board" review.
The judge ordered that to take place, but made no decisions about the
conditions for the review or what information from it would be turned over to
prosecutors - something prosecutors and defense attorneys have been arguing
about.
Such reviews are conducted by neutral doctors tasked with discerning a
defendant's mental state at the time of the crime and whether he's competent to
stand trial.
Bales was serving his fourth deployment, and his lawyers said he may have
suffered from a traumatic brain injury. His mental health has been expected to
be a key part of the case.
"An accused simply cannot be allowed to claim a lack of mental responsibility
through the introduction of expert testimony from his own doctors, while at the
same time leaving the government with no ability to overcome its burden of
proof because its doctors have been precluded from conducting any examination
of the very matters in dispute," prosecutor Maj. Robert Stelle wrote in a Jan.
3 motion obtained by The Associated Press.
Bales' attorneys have said a traumatic brain injury may have been sustained
when he was knocked out by an improvised bomb explosion during 1 of his tours
in Iraq.
1 of those attorneys, John Henry Browne, said Thursday that the defense has
obtained medical records from Madigan Army Medical Center in Washington state
indicating Bales had suffered from TBI and PTSD, but he described those records
as incomplete.
The attorneys have thus far refused to let him take part in the sanity board
because the Army would not let him have a lawyer present for the examination,
would not record the examination and would not appoint a neuropsychologist
expert in traumatic brain injuries to the board.
"These are not independent doctors; they're doctors who work for the Army, and
the Army is trying to kill my client," Browne said after the hearing. "If
there's a tape recording, you know what people say."
However, Browne also said Bales might participate - as long as only certain
information about the results are forwarded to prosecutors. Prosecutors should
promptly receive findings about his current competence, but nothing about his
mental state at the time of the attack, they said.
To allow the sanity board to share the basic results of the examination - the
"short form," with answers about his mental health diagnosis and mental state
at time of the attack - would be to provide prosecutors with information based
on compelled statements from the defendant. That could violate his right
against self-incrimination under the Fifth Amendment to the Constitution,
defense co-counsel Emma Scanlan told the judge.
The Army isn't entitled to such information unless the defense makes an issue
of Bales' mental health at trial, which they haven't yet done, she said.
"There is no authority for the bizarre proposition that the accused has to
submit to a compelled mental health examination before he gives notice of a
mental defense," she wrote in a motion filed Tuesday.
The judge said he would rule later on the conditions of the sanity review and
when the prosecutors could have access to the results.
Prosecutors said Bales, a father of 2 from Lake Tapps, Wash., had been drinking
before he slipped away from his remote outpost in southern Afghanistan to
attack the villages. Soldiers testified at a pretrial hearing in November that
Bales returned to the base alone, soaked in blood, after the shootings.
Bales' lawyers have criticized the base at Camp Belambay where Bales was
stationed, saying that Special Forces members there gave him banned substances
including alcohol, Valium and steroids. They insist that by seeking the death
penalty the Army is ignoring its own responsibility for sending him to war.
Prosecutors also argued Thursday for setting the trial quickly - for June 10 -
because many witnesses remain in a volatile part of Afghanistan. 2 possible
witnesses have already been killed in separate and unrelated attacks, they
noted, and as American troops withdraw, access to those witnesses is only going
to get tougher and more dangerous.
"Simply stated, with each day that passes, the government's right to a fair
trial is further jeopardized," they wrote in court filings.
Browne said the prosecutors neglected to mention 1 thing about the 2 witnesses
who were killed: They were on a list of insurgents, and were actually killed by
U.S. forces.
Scanlan said setting a trial this year is unrealistic, given how much time the
defense team needs to review more than 30,000 pages of discovery materials, and
find and interview witnesses - not to mention getting their own client to open
up. The defense has suggested a May 2014 trial date.
"Without adequate time to develop the relationship of trust required for
effective representation in a capital case, counsel may never learn or be able
to present the most crucial facts about the accused, facts without which any
possible understanding of his actions is impossible," she wrote.
The judge did not set a trial date, but did indicate that June was too soon.
(source: Washington Examiner)
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