Aug. 28
NORTH CAROLINA:
Prosecutors consider death penalty for dismemberment killing
A 33-year-old Gastonia man could face the death penalty after being charged
with beating his 68-year-old roommate to death and dismembering the body with a
hacksaw in an attempt to hide the crime.
Brian Scott Hord of 1100 Little Ave. faces a 1st-degree murder charge in the
death of Richard Lee Gentry. Police charged Hord after finding the dismembered
body in the apartment they shared on Tuesday night. Gentry was confined to a
wheelchair and had only 1 leg, police said.
Police received a call about the incident at 10:25 p.m. Tuesday, according to
emergency dispatchers. That call came from Hord's estranged wife, Elizabeth
Park, according to Gaston County District Attorney Locke Bell. In the 911 call,
Park tells the dispatcher Hord called her and told her he had just killed
someone.
"He said he hit him over the head with a hammer several times," she said. "He's
actually mentioned it before about doing it and he said he's just not gotten up
the courage to do it." When the dispatcher questioned her about the state of
the victim, she said, Hord told her about the body. "He was talking about
trying to get rid of the body, I don't know what he was doing," she said.
Police responded to Hord's apartment shortly after. He answered the door and
allowed police inside the home, said Sgt. Steve Duncan with Gastonia Police.
"At first, he said his roommate wasn't there," Duncan said. But then, police
discovered the dismembered body in the bedroom.
It was concealed in plastic tubs and wrapped with plastic, Duncan said. There
was evidence in the apartment that Hord had attempted to clean up, Duncan said.
There were no signs of a struggle.
"We're not sure exactly what happened," Duncan said. "But it doesn't appear
there was a struggle or anything of that nature, so we're not sure what lead to
it."
Police say Hord is being cooperative with the investigation. Neighbor Lakeasha
Pierce was at home when police arrived at the apartments around 10:30 p.m.
Tuesday. Pierce was shocked when she heard about what had happened just 5 doors
down. She wonders what would have happened had no one been called.
"If he had never called and told somebody how long would he have sat down there
with that body," she said. "What else would he have done to him?" She watched
as Hord was escorted out of the apartment that night. "He was calm when they
brought him out of the house, like nothing had happened," she said. "He was
scary."
"He didn't deserve it"
Tamara Quinn was a close friend of the victim. She knew Gentry through As One
Ministries, a day shelter for the homeless. "He would give you the shirt off of
his back if you needed it," she said. "He'd loan you money if you needed money,
that's the type of guy he was."
When she heard about what had happened to her friend, she was shocked. "He was
a great guy, he didn't deserve that brutal beating he got," she said. "He's too
kind to people and I guess it backfired."
For Duncan, the case is one of very few like it. "I've been in law enforcement
approaching 30 years and this was certainly an unusual crime," he said. "It's
very unusual that you see something like this."
Death penalty?
At Hord's 1st appearance in court Wednesday, District Attorney Locke Bell said
prosecution would be considering the death penalty. "You never seek the death
penalty without a thorough, thorough review of the case," Bell said. What was
decided in court on Wednesday, however, was Hord's bond. Judge Pennie Thrower
ruled to keep Hord in custody without bond.
"We felt considering the charge that it was important to keep him in custody at
this time," Bell said.
(source: gaston Gazette)
GEORGIA:
Waiting for an execution;The long road to Jackson, Ga., to watch a lethal
injection
Georgia has executed 53 men since the state reinstated the death penalty in
1973. At the moment, 92 men, and one woman, sit on death row. That includes
Warren Lee Hill, who has been convicted of two murders and has been in prison
since the late 80s. If executed, Hill would be the 31st inmate in Georgia
killed using lethal injection. But he remains alive more than 2 decades after
landing on death row. After a bizarre journey through numerous appeals and
several last-minute stays of execution, he's still waiting to die. This story,
however, isn't about executions - it's about me waiting to witness executions.
Have you ever waited in an empty parking lot covered in pine needles while the
smell of grilled cheeseburgers wafts into your nostrils, beckoning you like a
pie on the windowsill?
I have, at the Georgia Diagnostic and Classification Prison in Jackson, 50
miles southeast of Atlanta. It's Georgia's largest penitentiary and where the
state's death-row inmates are held and ultimately die.
Standing outside the penitentiary, where I'd been allowed to act as a media
witness at an execution, I didn't realize I'd have to miss dinner. I was
starving. The sentiment I felt, waiting to watch someone die as the Burger King
across the street made my mouth water, fell somewhere between apropos and
irony. I've traveled down to the Butts County prison twice to act as a witness;
During both times, the execution has been halted for one reason or another.
I've had to stop telling my mother about when I go because she always tries to
guilt-trip me into blowing it off. She asks if I have some sort of "morbid
fascination" and questions my decision to go. I tell her that it's important.
Life's measured by experiences you may never want to live through again. That's
what makes you who you are.
I don't believe in the death penalty. It's not a deterrent and, in most cases,
it costs more to kill someone than to incarcerate them for life. At first
glance, it seems impossible that keeping someone alive in prison for the rest
of their life is cheaper than killing them. But states such as Maryland,
Illinois, Colorado, and California have already abolished the death penalty (or
are considering it) to save millions in legal and incarceration fees.
Pretrial motions can tie death penalty cases up in court for years when that
money could be put toward finding new ways to rehabilitate many other
prisoners. It took two decades before the state executed Troy Davis. Throughout
that time, his lawyers appealed his conviction on numerous grounds. Yet Davis
was executed on Sept. 21, 2011, maintaining his innocence until his very last
moment.
The 1st time I went down to Jackson was two years ago, to witness the execution
of Nicholas Cody Tate. He was convicted of murdering Chrissie Williams and
Katelyn, her 3-year-old daughter. Before killing them both, he, along with his
brothers, stole drugs and money from Chrissie and sexually molested Katelyn. He
eventually confessed and received a death sentence. He didn't appeal.
I was the 1st media witness to arrive for Tate's execution. As a member of the
press, I was chosen to watch corrections officers prepare the execution chamber
beforehand with a member of the prison's legal team and make sure nothing was
wrong. 2 other reporters showed up and we briefly chatted. They talked a lot. I
sat there quietly, listening to the cars go by and thinking about what I was
going to see. We were only allowed to bring 1 piece of paper and a pencil along
with us when we entered the chamber. Everything else had to stay in the van.
Tate had declined to request a special last meal and was offered a traditional
prison dinner: shepherd's pie, mashed potatoes, red beans, cabbage relish
salad, collard greens, cornbread, cookies, and iced tea. At the last minute,
Tate's lawyer filed a habeas corpus appeal on his behalf, which the state
ultimately granted. For more than an hour, we were all waiting for his death
before traveling back home.
Last July, I was once again selected as a media witness - this time to watch
the execution of death-row inmate Warren Lee Hill. He landed on death row after
beating fellow inmate Joseph Handspike to death in 1990. At the time, he had
been already serving a life sentence for the 1986 murder of his girlfriend,
Myra Wright. His weapon of choice was described by witnesses as a "2 x 6 that
had been trimmed down to a leg." Inmates who witnessed the attack said Hill
looked like someone who was "chopping wood with an ax."
During the trial, Hill's lawyers presented evidence that he was "mentally
handicapped" with an IQ of 70. Prosecutors painted the inmate as a violent man
fully capable of committing both murders. Given Georgia's laws, the defense had
to prove Hill's mental capacity beyond a reasonable doubt, which many legal
experts say was next to impossible. Hill fought the sentence and his case
eventually made it to the U.S. Supreme Court, which denied his final appeal.
After more than 2 decades behind bars, he was scheduled to die in February. But
he received 2 stays of execution.
His death was rescheduled for July 15. Again, I made the trip down to Jackson.
It's not a very scenic route, but the drive goes by fast if you think about the
different scenarios that could happen during a lethal injection.
On my way, I learned Hill had been granted a last-minute appeal to argue the
constitutionality of Georgia's new lethal injection secrecy law, which protects
the identities of drug suppliers. Eventually, a Fulton County judge sided with
him. His execution window expired July 20. The state then appealed to the
Georgia Supreme Court.
Sometime this month, if it hasn't already happened by the time you read this,
the Georgia Supreme Court will have decided whether to allow the Fulton judge's
ruling to stand. That ruling will mean life or death for Hill - for a while.
The U.S. Supreme Court may rule on the case. Or it may not. But more waiting is
all but certain.
(source: Daniel Beauregard, Creative Loafing)
FLORIDA:
Accused killer faces death penalty after withdrawing plea
One of the men charged in the 2011 slayings of a newlywed couple withdrew his
plea in court at the last minute, and now he faces the death penalty.
Tyreyon Washington pleaded guilty in June to the kidnapping of murder of
Jeanette Hawkins and her husband of 5 months, Ricky Morgan. Yet in a sentencing
hearing set for Wednesday, his attorney filed a motion to withdraw the plea,
potentially and effectively canceling a deal the defendant had in place with
the prosecution. That deal would have reduced his charges to 2nd degree murder
through a guilty plea and testimony against 2 other suspects in the case, a
deal which would have kept him off of death row. 2nd degree murder carries a
sentence of 25 years to life in prison.
Washington's attorney asked the court for more time to review the case. A
hearing was rescheduled for Sept. 3.
Hawkins and Morgan were killed in a drug-related matter, according to police.
The couple went missing in August of 2011 and their car was found burned out in
a neighborhood. Then their bodies were recovered, burned and decomposed, from
woods near downtown Jacksonville about 2 weeks after they went missing.
The Florida Times-Union reported Washington is charged in the deaths along with
Emanuel Presley and Harochio Varnadore. The newspaper said prosecutors are also
pursuing the death penalty against them.
(source: actionnewsjax.com)
US MILITARY---new death sentence
Death sentence for Fort Hood killer
A military jury has sentenced US Army Major Nidal Hasan to death by lethal
injection for killing 13 people and wounding 31 others in a November 2009
shooting rampage at Fort Hood, Texas.
The jury of 13 officers deliberated a little more than two hours before
deciding the punishment for the Army psychiatrist, who admitted to being the
gunman and said he had switched sides in what he considered to be a US war on
Islam.
The US military last executed a prisoner in 1961
Hasan opened fire in a medical facility on the central Texas base, one of the
largest in the United States, on November 5, 2009, just weeks before he was to
be deployed to Afghanistan.
He said in his opening statement on Aug. 6 that he was the gunman and had
switched sides in what he considered to be a US war on Islam. An Army
psychiatrist, he said nothing to the jury since then regarding his motives.
Witnesses testified Hasan screamed "Allahu akbar" ("God is greatest" in Arabic)
as he sprayed gunfire with his laser-sighted handgun.
An American-born Muslim, Hasan told mental health evaluators he wanted to
become a martyr.
Lawyers assisting him have said he was actively seeking the death penalty.
Hasan, 42, has disputed that claim.
Prosecutor Colonel Michael Mulligan told the jurors before they began
deliberating Hasan's punishment: "Let it be a sentence to death for his
crimes."
"What are 13 lives worth? What is a military career worth? What is the use of
an arm worth? What is the loss of an eye worth?" Mulligan said. "What is the
life of a child growing up without a father or mother worth?"
"Don't be fooled. He is not now and never will be a martyr. He is a criminal.
He is a cold-blooded murderer," Mulligan said. "He is not giving his life. We
are taking his life."
The 13 murder victims were soldiers, officers, non-commissioned officers,
enlisted and retired, he said. 2 of their widows and 3 of their mothers were in
court listening.
Hasan, who has acted as his own attorney, turned down his final chance to
address the jury before deliberations.
"I have no closing statement," Hasan said.
Beyond his stunning admission in opening arguments, he has spoken little during
his trial, turning down repeated opportunities to make a statement or present
evidence.
(source: One News)
***************
Nidal Hasan gets death penalty for Fort Hood rampage Standby defence lawyers
tried to step in, saying Maj Hasan was seeking martyrdom
A former US Army psychiatrist has been sentenced to die by lethal injection for
killing 13 soldiers at a Texas Army base, a military jury has decided.
Maj Nidal Hasan, 42, was convicted last week of the 2009 shooting at Fort Hood,
in which 32 others were also injured.
The defendant had tried to admit his guilt but military law bans guilty pleas
in death penalty cases.
The Virginia-born Muslim said he opened fire to protect Taliban insurgents from
troops about to deploy to Afghanistan.
His court-appointed lawyers have previously told the judge they suspect he is
seeking execution in a bid for martyrdom.
'Never a martyr'
The jury handed down its sentence after 2 hours of deliberations on Wednesday.
But it could be years, possibly decades, before Maj Hasan is executed because
of the long appeals process in the military justice system.
His execution must eventually be authorised by the president.
On Wednesday before the sentence was handed down, prosecutor Col Mike Mulligan
urged jurors to opt for a rare military death penalty.
"He will not now and he will never be a martyr," Col Mulligan said of Maj
Hasan. "He is a criminal. He is a cold-blooded murderer."
Some at Fort Hood speculated Maj Hasan might use his closing statement to
defend himself in the name of a holy war. But when his chance came, he only
said: "I have no closing statement."
He expressed no remorse as the prosecutor remembered the 13 killed and the
trauma suffered by those wounded and left behind. He described the dread felt
by family members who couldn't reach loved ones the day of the shooting.
Soldiers at Fort Hood are not allowed to speak on the record about the case,
but over lunch at a taco truck they were open about what they think will
happen. "This is Texas, what do you think?" one soldier said. "He's going
down."
"This is not his gift to God. This is his debt to society. This is the cost of
his murderous rampage."
"He will never be a martyr because he has nothing to give," Col Mulligan added.
"He will not be giving his life, we will be taking it."
Maj Hasan, who represented himself, declined to speak on his own behalf, saying
only: "I have no closing statement."
The 13-member jury had to come to a unanimous agreement in order to sentence
Maj Hasan to death, otherwise he would have faced life in prison.
The US military has not executed a service member since 1961. There are 5
inmates on the US military's death row at Fort Leavenworth, Kansas, all at
various stages of the appeals process.
Maj Hasan opened fire at a medical facility on the Fort Hood base where
soldiers were being evaluated before deploying overseas.
The trial heard he had prepared carefully for the attack, during which he fired
146 bullets.
The shooting spree ended when he was shot by a civilian police officer.
He was paralysed from the waist down from the wound and now uses a wheelchair.
(source: BBC News)
******************
'What are 13 lives worth?'; Prosecution presses for death penalty in Hasan
sentencing
Maj. Nidal Malik Hasan deserves to be sentenced to death, the lead prosecutor
in the case against him told the jury Wednesday.
"Death. He was trained as a doctor to save lives, but on 5 November, he only
dealt death," Col. Michael Mulligan said, beginning a closing argument that
included mentions of each of the families shattered by the shooting at the post
clinic.
Hasan, an Army psychiatrist, was convicted Friday of 13 counts of premeditated
murder and 32 counts of attempted premeditated murder. Mulligan addressed the
jury Wednesday morning, before they began deliberations on his sentence.
"We ask you now, with your sentence, to make him accountable," Mulligan said.
"Today will be his day of reckoning."
Hasan opened the trial with a brief opening statement admitting his guilt. He
called himself a member of the Mujahadeen and said he had been on the wrong
side of the war. The jury cannot punish Hasan, an America-born Muslim, just for
his religion, but they can consider that his religion motivated his actions.
Mulligan stressed that point in his closing statement: "You should not punish
him for his religion. You should punish him for his hate."
In documents Hasan's civilian attorney provided to The New York Times, Hasan
said he would become a martyr if he dies by lethal injection. But Mulligan told
the jury that Hasan must pay the price for his actions, and that he will not
become a martyr if the panel sentences him to death. "Do not be fooled. He is
not giving his life, we are taking his life. This is not his gift to god, this
is his debt to society," Mulligan said. "This is not a charitable act, this is
the cost of his murderous rampage. He is not now and never will be a martyr. He
is a criminal. He's a cold-blooded murderer."
Hasan did not seem to react to any of the prosecution's statements. He did not
make a closing statement.
For Hasan to receive the death penalty, the jury must unanimously vote that the
facts of the case outweigh any mitigating or extenuating factors, and the
officers must vote unanimously for death.
"What you must decide is what a life is worth. What are 2 lives worth? What are
13 lives worth?" Mulligan asked the jury. "What is a military career worth?
What is the use of your arm worth? What is the loss of your eye worth? A
child's life without a father or a mother worth? ... How do you measure the
depravity that allows shooting the wounded while they try to escape?"
The widows of Michael Cahill and Capt. John Gaffaney and the mothers of Pfc.
Aaron Nemelka, Sgt. Amy Krueger and Spc. Jason D. Hunt sat in the courtroom for
the closing statement. As the judge had instructed throughout the trial, they
showed no obvious emotion.
On Tuesday, the military attorneys assigned to assist Hasan in the case tried
to step in and present evidence on his behalf.
"If no one is making the case for life, there is only death," said Lt. Col.
Kris Poppe, who previously asked the judge if he and the other standby lawyers
could be excused from the case because they believe Hasan is seeking the death
penalty.
At issue is a trove of evidence collected on Hasan's behalf during the more
than 1,370 days he's been in jail: his academic record, his medical information
and life expectancy, his good behavior during pre-trial confinement, his
community involvement, lack of criminal history and other information.
The judge, Col. Tara Osborn, went through the information exhibit by exhibit,
each time asking Hasan if he understood that the evidence could help him and
making sure he did not want to present it.
Hasan said he understood, but the answer was still no. He also called his
standby counsel "overzealous."
Poppe argued that the standby counsel should have the right to present evidence
that could lessen Hasan's sentence, whether he wanted them to or not. But
Osborn said no.
"Major Hasan is the captain of his own ship," she said.
(source: Stars and Stripes)
_______________________________________________
DeathPenalty mailing list
[email protected]
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Search the Archives: http://www.mail-archive.com/[email protected]/
~~~~~~~~~~~~~~~~~~~~~~~~~~~
A free service of WashLaw
http://washlaw.edu
(785)670.1088
~~~~~~~~~~~~~~~~~~~~~~~~~~~
