Jan. 23
TEXAS:
Brothers may face death penalty
2 brothers already facing the possibility of life in prison on allegations of
sexual exploitation of children now are also eligible for the death penalty in
the triple-slaying of an accuser - their daughter/niece - and 2 adults.
A grand jury Tuesday indicted Baron Ochoa, 37, and Conrad Ochoa, 32, of capital
murder in the September 2011 stabbing deaths of Samvastion "Sammie" Ochoa, 10;
her mother, Rebecca "Veggie" Gonzales, 29; and their roommate, Pamela Wenske,
41.
Prosecutors will seek the death penalty, District Attorney Susan Reed
confirmed.
"If you start killing people who report sexual assault ... that's retaliation
and that's why the capital murder statute was created," she said.
Conrad and Baron Ochoa became suspects soon after firefighters found the
remains of the trio in their burning home on Karen Lane almost a year and a
half ago. Conrad Ochoa was in the midst of a bitter custody dispute with
Gonzales in which she had accused him of molesting their daughter.
"We were taking our time to ensure we had ... gone down all the possible
evidentiary trails there were," Reed said, describing the final result as a
"spider web" of circumstantial evidence. "We had to really build the case."
In the meantime, the brothers have remained incarcerated - the result of
December 2011 child exploitation indictments that resulted from the murder
investigation. After seizing Conrad Ochoa's computer, authorities reported
finding thousands of illegal images of pre-pubescent children, as well as a
recording prosecutors say depicts his brother having intercourse with a young
girl.
Conrad Ochoa was charged with 38 counts of child pornography possession. Baron
Ochoa was charged with continuous sexual abuse of a child.
Prosecutors said they still plan to pursue those charges, even if they obtain
guilty verdicts for capital murder. Defense attorneys for the brothers did not
return calls seeking comment.
Suzy Bianchi-Peters, Sammie Ochoa's grandmother and Gonzales' mother, said
Tuesday she had encouraged prosecutors to take their time - "even if it took 10
years" - to make sure they had the strongest case possible.
"I knew it would happen when it was supposed to happen," she said. "It was just
a matter of being patient."
She described her daughter and granddaughter as people who would light up a
room. Sammie was an "amazing soul" who wanted to write a book so that other
abused children would know they weren't alone, she said.
"She suffered through incredible abuse and showed the courage of a warrior in
telling (about it)," she said.
(source: San Antonio Express-News)
****************************
Autopsy shows baby Leah died from 'blunt force trauma'
The preliminary autopsy report indicates that 2-year-old Leah Aguirre died from
"blunt force trauma." A statement released by Crosbyton Police Chief Greg
Parrott on Tuesday declares the death a homicide.
Officials are still waiting on DNA analysis to confirm the identity of the
child. Once the DNA results are confirmed the body can be released to the
family for funeral arrangements.
The grand jury will meet February 19th and if they have gathered enough
information on this investigation an indictment could be made on Matilda
Almaraz, Leah's caregiver at the time.
Almaraz is being charged with Capital Murder, which means the death penalty is
an option.
No other arrests have been made at this time.
(source: KLTV News)
ALABAMA:
Judge denies motion to dismiss capital murder indictment against Oak Grove teen
Attorneys for an Oak Grove teen charged in the 2011 shooting deaths of his
parents said they will appeal a judge's order denying their motion to dismiss
the capital murder indictment against the teen.
The lawyers had argued the indictment should be dismissed because Alabama's
current sentencing process for juveniles convicted of capital murder was ruled
unconstitutional last summer.
Jefferson County Circuit Court Judge David J. Hobdy denied the motion by
attorneys Joe Basgier and Brett Bloomston during a hearing at the justice
center in Bessemer.
Basgier and Bloomston represent Drew Thacker, who is charged in the Nov. 9,
2011 shooting deaths of his parents, Ronnie and Barbara Thacker, inside their
Taylors Ferry Road home.
At the time of the shooting deaths, Thacker was 17 years old, Basgier told
Hobdy.
Under Alabama law, a judge has only 2 sentencing options for someone convicted
of capital murder...the death penalty or life without the possibility of
parole.
The U.S. Supreme Court ruled a decade ago that anyone under the age of 18
convicted of capital murder can't be sentenced to death. And in a ruling on an
Alabama case last summer, the U.S. Supreme Court also ruled that automatic
mandatory sentences of life without parole are unconstitutional for juveniles.
Juveniles can be sentenced to life without the possibility of parole, but only
if the judge has the option to sentence them to something else, the U.S.
Supreme Court ruled. Judges and lawyers around the state have said the Alabama
Legislature needs to change the state's capital punishment sentencing law to
address the issue and give judges other capital murder sentencing options for
juveniles.
Hobdy offered to hold off ruling on Bloomston and Basgier's motion to dismiss
the indictment while waiting to see what the legislature does this spring. A
trial date has not been set in Thacker's case.
Bloomston said he was not optimistic that the legislature would act this next
session. "If it was a bingo vote, maybe," he said.
"I'm going to be more optimistic than you are," Hobdy replied.
Bloomston and Basgier asked for a ruling on their motion to dismiss, rather
than waiting for the legislature. That's when Hobdy denied their motion.
Assistant Jefferson County District Attorney Wendy Pope had argued that there
is nothing wrong with the capital murder indictment. It only sets out the
charges against him, not his potential sentencing.
Pope also noted in a written response to the Thacker's attorney's motion that
if Thacker were to be convicted, prior to the legislature amending the law,
that Alabama courts could use their "equitable powers" to ensure the
individualized sentencing required under the U.S. Supreme Court ruling.
Bloomston and Basgier said they will file an appeal of Hobdy's ruling to the
Alabama Court of Criminal Appeals.
At least 1 other appeal is already pending on the issue. Another Jefferson
County judge denied a similar motion on behalf of Rashad Stoves, 1 of the 3
teens with capital murder in the January shooting deaths of 5 men at a house in
Ensley.
(source: Birmingham News))
ARIZONA:
US justices leave killer on death row
The U.S. Supreme Court on Tuesday refused to give Scott Nordstrom another
chance to escape the death penalty.
Without comment, the justices rejected his plea for a new sentencing for
multiple shooting deaths during a pair of 1996 robberies in Tucson. That leaves
Nordstrom on death row.
Nordstrom was not challenging the conviction itself.
Nordstrom and Robert Jones were charged with killing two men while robbing the
Moon Smoke Shop. 2 weeks later, they shot and killed four people during a
robbery at the Firefighters' Union Hall, a social club. Both were sentenced to
death.
But in 2002, the U.S. Supreme Court, ruling in another Arizona murder case,
said the death penalty cannot be imposed solely by a judge, if a defendant
objects. The justices said defendants are entitled to make their case for being
spared to a jury.
In 2009, a jury resentenced him to die.
In his petition to the nation's high court, Nordstrom said it was wrong for the
judge presiding over the resentencing to preclude him from introducing evidence
from his original trial he claimed would show his innocence. The judge in that
case said such evidence is inadmissible for purposes of sentencing.
The Arizona Supreme Court already had rejected Nordstrom's argument.
Both robberies were solved when Scott's brother, David Nordstrom, contacted
police. He had been the driver in the getaway vehicle.
Jones' death sentence imposed by a judge was upheld before that 2002 U.S.
Supreme Court ruling. He remains on death row.
(source: Arizona Daily Star)
****************************
Jodi Arias '48 Hours' Interview: Tells Fabricated Story, Home Invasion Caused
Murder
CBS aired a 2008 interview with accused killer Jodi Arias on Saturday, Jan. 19,
filmed the same year her lover was killed.
Arias, 32, spoke with reporter Maureen Maher for a CBS special not long after
her then lover, Travis Alexander, was found murdered in his Mesa home in June
of 2008.
During the CBS special, "48 Hours' Picture Perfect: The Trial of Jodi Arias,"
Maher asked Arias why she did not call 911 or anyone else on the day Alexander
was found dead. Arias told "48 Hours" the same fictional account she told local
police at the time - that there was a home invasion with 2 men, which resulted
in Alexander's murder. She also shared with Maher her whereabouts on the night
he died, her passion for recording their steamy intimate encounters on camera,
and revealed that she received threats in the California jail where she was
held before she was extradited to Arizona to stand trial.
Arias went into detail about a story she created about the crime. She claimed 2
people dressed in black armed with a knife and a gun attacked Alexander shortly
after the couple had a steamy encounter in his home. Arias said Alexander was
stabbed and on the floor when she bolted the house. She said she never told
anyone about the incident because she was sure he was alive when she fled the
crime scene.
"It was the scariest experience of my life," Arias told "48 Hours" in the
interview of the fictional attack. "It was just so unreal. It was like a movie
unfolding. Like a horrible movie."
Arias tried to defend herself when questioned whether she committed the murder,
telling Maher that it was something she wouldn't have done because she has her
"whole future" ahead of her.
"I've been sitting a lot in my cell thinking, 'What a waste,' you know? I did
have my whole future ahead of me," she said. "I had everything to lose and
nothing to gain if I killed Travis. I loved him and still love him."
Both prosecutors and defense attorneys intend to use the footage from the "48
Hours" interview as evidence when the trial resumes on Jan. 29. The defense
attorneys admitted that their client lied and stated that Arias killed
Alexander out of self-defense because he was a controlling "sexual predator."
Arias is accused of murdering the 30-year-old motivational speaker. Evidence
presented in the trial so far prove that Alexander was stabbed 27 times, shot
in the face and his throat slit from ear to ear in his Mesa, Ariz., home in
2008.
If Arias is charged for the murder she will likely face the death penalty.
(source: Enstars)
*********************************
Jonathan Leach.Producer, "48 Hours" on CBS News
Since her capital murder trial began in early-January, Jodi Arias has been
under the watchful and scrutinizing eye of the public.
With every move she makes comes some form of commentary. The cable news shows
and internet blogs begin buzzing and every impassioned observer seems to have
an opinion about her appearance and performance in the courtroom. If Jodi
cries, she's labeled a calculated actress. If she doesn't, she's callous. If
she wears glasses or a dull green blouse she's trying to play the role of a
demure book worm rather than the sultry temptress prosecutors are making her
out to be. Perhaps the critics are right, and maybe she is putting on a show.
Nobody knows for certain. But what is true of anyone sitting in Jodi's position
is that the only people she needs to impress are the twelve men and woman
picked to decide her fate.
And the stakes are high. If convicted, Jodi could face the death penalty, a
harsh reality that undoubtedly weighs heavily on her. And it's clear watching
Jodi that this experience has taken its toll. Throughout her trial, she has
fought to maintain composure in the face of great opposition. And appearances
are everything. The Jodi I see appears defeated as if she knows her life hangs
in the balance. She barely resembles the person I met nearly four years ago
while on assignment for CBS NEWS. Back then, Jodi was vibrant; outgoing and
cheerful; a young woman convinced of her innocence and adamant her case would
never go before a jury.
In mid-July 2008, I arrived in Siskiyou County on assignment for 48 HOURS. I
had flown across the country on a fact finding mission about the case of Travis
Alexander, a good-looking young man who had been found brutally murdered in his
Mesa, Arizona home weeks earlier. Travis's on-again off-again girlfriend Jodi
Arias had quickly been identified as a person of interest in the case and was
apprehended on a fugitive warrant in her hometown of Yreka, California after
fleeing the crime scene. The grisly murder was so heinous it quickly captured
the attention of both communities as well as local and national media.
Even with the increasing media attention, I was able to get in touch with
Jodi's family simply by looking them up in the phone book and they were
surprisingly receptive to my calls. Over the next few days, I would speak with
both Jodi and her family at length, slowly gaining their trust.
After about a week, Jodi finally agreed to meet with me for what would be her
1st television interview.
Days later, I was sitting in the dark corner of a Northern California jail when
she floated into the room. Her inviting brown eyes quickly found my gaze and
without hesitation, she extended her hand to greet me, "Hi, I'm Jodi", she
said, and smiled. Though she had been placed on suicide watch, Jodi appeared to
be holding up remarkably well for someone living a real life nightmare.
As a journalist, I had covered my share of crime stories across the country but
I had never met someone so excited to be interviewed as Jodi. And it was clear
she had some experience behind the camera, even giving my crew direction. "If
you need to I would be willing to stop so they can fix the shot. If I get shiny
let's take a break", she said," I'd rather it be like no chains, if possible.
So, that'd be good."
As we sat down, the conversation came easily. Jodi seemed immediately
comfortable as she talked about everything from her life goals and favorite
hobbies, to her fondest childhood memories. But this was no dinner date, and
when the conversation turned to Travis's death, she asked if we could "come
back to that later" and immediately changed the subject.
At this point, Jodi was without legal counsel, and I chose not to direct the
conversation toward the alleged murder unless she brought it up. However, by
the 4th tape it was clear Jodi was holding something back.
Thinking we would start to wrap things up, I asked her if there was anything
else she wanted to discuss, and after a long pause, Jodi sat back in her chair
and sighed. "I'm trying to think if I wanna say this or not", she began,
"There's a lot of evidence that places me at Travis's house the day he was
killed. I did see Travis the day that he passed away--I almost lost my life as
well."
I nearly fell off my chair, but was able to keep my composure and encouraged
her to go on.
According to Jodi, it had started with a loud bang. She and Travis had been
taking photographs in the shower when she was hit on the back of her head. When
she woke-up, Travis was lying on the ground screaming, "Not like a
blood-curdling horror movie girl scream", but terrified nonetheless. 2 masked
intruders where coming towards her down the hallway. Jodi quickly got up and
ran to the closet. One intruder grabbed Jodi, threw her to the ground and
pressed a gun firmly to her head. "He was telling me that I needed to leave and
that if I said anything, they would kill me", she says, "They would kill my
family."
But the intruder later changed his mind, Jodi says. "I just remember holding my
head and closing my eyes. He pulled the trigger. And nothing happened, just a
click. At that point, I pushed passed him. And I ran down the stairs."
Even though she survived, Jodi never once called for help. I was incredulous at
what she was telling me, but pressed her about how she could have remained
silent all this time. "Because I was scared", she says, "I've grown up around
gangs and you don't snitch."
I found it difficult to take Jodi's story seriously because it sounded so
unbelievable. But to make sure I got the facts right, I asked her to repeat it
several more times. She was surprisingly agreeable, and with each telling I
began to notice that she revealed fascinating new details; to me, a common sign
that someone is spinning a tale. When I finally reviewed her police
interrogation I was shocked to learn that she never told detectives the
intruder attempted to kill her. If that was something made up on the spot so
effortlessly, what other lies she was capable of telling?
When Jodi was finally extradited to Phoenix a month later, she told her story
again to 48 HOURS. This time correspondent Maureen Maher pressed Jodi on newly
emerging evidence that implicated her in Travis's death, but still Jodi stuck
to her story and denied any responsibility for the murder.
Our broadcast aired in 2009, and Jodi and I remained in close contact for
nearly 2 years thereafter. In one of our last conversations Jodi told me there
was more to the story then she let on in her interviews and that Travis had a
darker side. Until now, Jodi had painted her ex as a loving person with whom
she discussed marriage, so where was this coming from and why the sudden change
of heart?
As we now know, the story of the masked intruders is a complete fallacy. At her
murder trial, Jodi's attorneys argued that Travis was an abuser who left Jodi
no choice but to defend herself that fateful day. Looking back, it's clear to
me that she was testing her defense or at least laying a foundation for further
lies during our conversation.
After all these years, it appears deception has finally caught up with Jodi.
And it's becoming increasingly evident that she will have to take the stand to
defend herself if she wants to survive. But what impression will she leave with
the jury when they begin their deliberation? And with all the lies she has
told, will they ever believe her?
Not long ago, Jodi told me, "In the end, everything will be made known.
Everything will come out. And in the meantime, smile and say "cheese." If the
history of this case has proven anything, it's that there's no room for
"smiles" when your life is on the line and that truth is not so easy to
uncover. But for the sake of the victim and all those who have been affected by
this tragedy, I hope it can be.
Until that day, I will wait and watch with the rest of America.
(source: Jonathan Leach.Producer, "48 Hours" on CBS News)
MARYLAND:
Death penalty repeal picking up steam in state; Poll also shows support for
assault weapons ban
Maryland voters support a ban on the sale of assault weapons in the state and
background checks on people buying guns at gun shows, and approve of the job
Gov. Martin O'Malley has done as governor, but do not want him to run for
president in 2016, according to a new state poll.
Also, support for the death penalty seems to be slipping over time in Maryland,
although 49 % still favor retaining the death penalty, including 29 % who
strongly favor it. Meanwhile, 44 % oppose the death penalty, including 31 % who
strongly oppose it, the poll shows.
2 years ago, 56 % of Marylanders favored the death penalty, while 36 opposed
it, according to the polling data.
"The biggest surprise was the 8-point pickup in the opposition to the death
penalty," said pollster Patrick E. Gonzales, of Annapolis-based Gonzales
Research & Marketing Strategies.
On gun control, 58 % of Maryland voters would favor a law banning the sale of
assault weapons in the state, including 46 % who would strongly favor such a
ban, while 40 % would oppose a ban, according to the survey. But all voters,
regardless of party affilation, favored closing the so-called gun shop loophole
and favor requiring background checks on people buying guns at gun shows. In
all, 88 % favor background checks and just under 11 % oppose them. The gun show
background checks were strong favored by 78 % of Democrats, 62 % of Republicans
and 76 % of independents.
(source: Maryland Gazette)
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