Jan. 8
NEBRASKA:
Report: Neb. prisons missed trouble signs in man
A new state report says prison officials should have done more to get treatment
for a former inmate charged with killing 4 people in Omaha within weeks of his
release.
The state Ombudsman's Office said Tuesday that the Department of Correctional
Services missed several warnings about Nikko Jenkins' mental health before his
release in July.
Jenkins, 27, spent most of the last 2 years of his sentence in an isolation
cell because of behavior problems. The report said Jenkins' extended
segregation kept him from participating in programs that might have helped.
Corrections officials could have tried to have Jenkins committed to a mental
hospital instead of releasing him, the report said.
The Ombudsman's Office provided copies of documents showing that Douglas County
jail officials urged the state in 2010 to provide mental health treatment for
Jenkins. A psychiatrist working for the county diagnosed Jenkins as suffering
from paranoid schizophrenia then.
Corrections officials said they disagree with the report's allegations, but
they declined to comment because of pending litigation.
Jenkins has been charged with 1st-degree murder in the deaths of Juan
Uribe-Pena, Jorge Cajiga-Ruiz, Curtis Bradford and Andrea Kruger. The 4 were
killed within 3 weeks of Jenkins' release from prison on July 30.
Kruger's husband has filed a $7.5 million claim against the state of Nebraska
arguing that prison officials knew Jenkins was dangerous and should have done
more to prevent the killings. That claim is a precursor to a lawsuit.
Prosecutors have said they plan to seek the death penalty.
Police say Jenkins used a sawed-off 12-gauge shotgun loaded with deer slugs on
Aug. 11 to kill Cajiga-Ruiz and Uribe-Pena, whose bodies were found inside a
pickup truck in southeast Omaha. Police say he used a small-caliber gun to kill
Bradford, who was a onetime prison acquaintance, on Aug. 19.
Then on Aug. 21, authorities say, Jenkins pulled Andrea Kruger from her SUV as
she drove home from work after midnight and shot her 4 times before speeding
off in her vehicle.
Jenkins initially pleaded not guilty, but he has since tried to change it to
guilty. A judge said he wouldn't accept the plea until Jenkins had been checked
by state psychiatric experts.
(source: Sioux City Journal)
******************
Death penalty not needed
Thanks for your well-reasoned editorial ("Welcome hiatus on death penalty,"
Dec. 31) supporting repeal of Nebraska's death penalty. Some might say that the
fact we've only had 3 executions in the last 40 years shows that we use the
punishment carefully. I think that it's proof that the death penalty is nothing
more than a remnant for a time we've outgrown.
Like the other 18 states that have gotten rid of the death penalty, Nebraska
doesn't need our death penalty anymore. Life without parole can keep our
communities safe; it is much cheaper than the death penalty process, and it
saves us the tremendous horror of someday learning we condemned an innocent
person to die.
Amy Birky, Lincoln
(source: Letter to the Editor, Lincoln Journal Star)
SOUTH DAKOTA:
My Voice: Legal executions by the state don't serve as a deterrent to killing
by individuals
I find it extremely difficult to stomach the killing of one human being by
another. The act of murder goes against our modern religions and against all
common sense. How, then, do we punish those who commit such an inhumane and
horrible act? Too often, both state governments, as well as the federal
government, choose the death penalty - a legalized form of murder itself - as
punishment for murder.
But there is something wrong with this reaction. It's only natural that, when
someone's loved one is murdered by another person, we call for an execution
that, we believe, will satisfy our desire for revenge against those who
unlawfully take a human life. I've often thought that if someone killed my
loved ones, or harmed them in any serious way, I would happily use my bare
hands to extract the revenge that would satisfy my urges. But that reaction is
a perfect reason why, if one of my loved ones were killed, I should not be the
one to make such a decision to take revenge on the killer.
There is only 1 reason to implement the death penalty for a murderer - revenge.
There are many more reasons for putting a murderer in jail for the rest of his
or her life. I believe that a lifetime in prison is the harshest form of
punishment. First of all, it has been shown time and time again that killing a
murderer does not deter others from committing such a crime. We know from
history that in England a couple of centuries ago, when there was a public
hanging for pickpockets, other pickpockets would be working the crowd for what
they could steal while members of the crowd were watching the hanging.
And those jurisdictions that impose the death penalty have murder rates that
continue to rise, despite the knowledge that those murderers would be executed
when they are caught. With respect to the argument that imprisoning a killer
for life is much too costly, the effect of a public execution, while itself
costly, is to arouse a murderous passion in the general public. I remember
years ago when the state of California had sentenced a rapist and a killer -
Caryl Chessman - the continued publicity about his crimes and his many trips to
death row during his trials and appeals caused an uptick in violence among the
public. That result can hardly make an execution worth it, among other reasons
not to use the death penalty. Moreover, capital cases with their endless
appeals cost more than a life in prison without parole for the offender. In
South Dakota, we incarcerate a prisoner for about $30,000 a year. A murderer
who is on death row for the number of years it takes to follow through on a
death sentence can cost the taxpayers millions of dollars before it is
finished.
Life in prison without parole is a punishment that will not only give the
grieving families of a murder victim the revenge that we would all want, but it
will eliminate the harmful effects of a public execution. We must try to
imagine how such punishment is effective enough to deter others from killing a
fellow human being. Allowing the state to commit the same kind of crime -
although a crime made legal - as the perpetrator of a vicious murder, does
nothing to increase the safety of our citizens. It only exacerbates the
public's mood, which is what the state should not do. We should also take into
account the possibility that the wrong person was convicted of a crime -
something that happens much too frequently.
Doing away with the death penalty will not only bring a sense of calm to the
public in such highly publicized crimes and the punishment that follows, but it
will do more to deter capital crimes than having the state commit the same
crime.
There is a bill to be introduced into the South Dakota Legislature in this
session that will repeal the death penalty. I sincerely hope that our
legislators will give such a repeal serious thought, as it is a serious issue
that we must all face.
(source: Opinion; James Abourezk is a former U.S. Senator from South Dakota who
practices law in Sioux Falls; Argus Falls Leader)
COLORADO:
Attorneys seek details about death penalty decision in Fero's case
Attorneys for the 23-year-old man accused of stabbing 5 people to death at a
Denver bar want to know how prosecutors decided to seek the death penalty
against their client and not 3 other people linked to the case.
Dexter Lewis faces 16 counts in the attack at Fero's Bar and Grill in October
2012. Lewis appeared in Denver District Court on Tuesday where attorneys argued
dozens of motions concerning everything from evidence to juror cellphones in
the courtroom.
But Lewis' attorneys repeatedly asked about the decision to seek the death
penalty against Lewis, and why plea agreements were offered to his
co-defendants and no charges were filed against a 4th man who told police he
was in the bar when the stabbings began.
Prosecutors announced they were seeking the death penalty against Lewis in
July.
On Tuesday, defense attorneys asked Denver District Court Judge John Madden to
order prosecutors to provide them with details about plea negotiations for
Lewis' co-defendants, brothers Lynell and Joseph Hill.
The 2 accepted plea agreements in July, pleading guilty and agreeing to testify
against Lewis.
They will avoid the death penalty when sentenced Friday.
The defense is also seeking information about Demarea Harris, who was an
informant for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives on
an unrelated investigation when the killings occurred.
Harris told police that the Hill brothers and Lewis ordered the victims to lie
on the floor and give them their wallets, according to a search warrant. When 1
man refused, Harris told police Joseph Hill began stabbing him and soon after
Lewis began stabbing people.
Lewis' attorneys attempted to subpoena ATF agents involved in the case to learn
why Harris has been "exempt" from charges, but Madden granted a request from
the U.S. Attorney's Office to quash those subpoenas.
Prosecutors also objected to a defense request asking them to clarify whether
they believe Lewis was responsible for the deaths of all 5 victims.
(source: Denver Post)
*************
Father Of Slain Corrections Officer Protests Death Penalty At Trial
Jury selection continues in a death penalty case in Douglas County as the
father of the victim protests against that punishment.
Edward Montour is charged with murdering corrections officer Eric Autobee more
than a decade ago at the Limon Correctional Facility. At the time he was
serving a life prison sentence for the murder of his 11-week-old daughter.
Montour had originally pleaded guilty, but through a series of legal findings
he was allowed to change his plea.
Now the victim's father, Bob Autobee, has been greeting the hundreds of
potential jurors in the case. He's showing them his son's picture as he
protests against the death penalty.
Autobee met Montour in December, saying after carrying hate for a decade he
needed to forgive.
"So after 10 years it finally it dawned on me that to make my son happy I had
to get out from under this weight that was dragging me down,"
Autobee said.
Autobee says he told the district attorney he was not in favor of the death
penalty. He was also involved in hearings about abolishing the state's death
penalty last year.
(source: CBS News)
*****************
Colorado theater massacre victims denied access to evidence for civil lawsuits
The Colorado Supreme Court has denied victims of the 2012 theater massacre
access to evidence from the ongoing criminal case to use in their civil
lawsuits against the cinema's owners, an order made public on Tuesday showed.
Victims have filed numerous lawsuits in both federal and state court against
Texas-based Cinemark, stemming from the mass shooting at a suburban Denver
cinema during a midnight screening of the Batman movie "The Dark Knight Rises."
In general, they claim Cinemark was aware of previous criminal activity at the
multiplex in Aurora and failed to provide adequate security for its patrons.
The accused gunman, James Holmes, is charged with multiple counts of 1st-degree
murder and attempted murder in the shootings that killed 12 moviegoers and
injured 70 others.
Holmes, 26, has pleaded not guilty by reason of insanity, and prosecutors will
seek the death penalty for the California native, if he is convicted.
Arapahoe County District Court Judge Carlos Samour, who is presiding over the
criminal case, had previously refused the civil lawyers' request, saying
releasing the evidence could jeopardize Holmes' right to a fair trial.
But late last year, Samour postponed the criminal trial indefinitely after
prosecutors moved to have the 1-time neuroscience graduate student undergo a
further sanity examination.
That ruling led the civil lawyers to petition the state's highest court to
overrule Samour. To make their case, the victims said they need certain
evidence and exhibits already made public in previous criminal hearings.
"Petitioners are unable to wait for resolution of the criminal proceeding to
obtain this information," the filing said.
The state's highest court denied the petition without comment.
Cinemark said in a motion seeking to have the lawsuits dismissed that its
employees could not have anticipated having to deal with "a madman's mass
murder."
"It would be patently unfair, and legally unsound, to impose on Cinemark, a
private business in the entertainment industry, the duty and burden to have
foreseen and prevented the criminal equivalent of a meteor falling from the
sky," the motion said.
After invoking the insanity defense, Holmes underwent a court-ordered sanity
examination that looked at his sanity at the time of the shootings, his
competence to stand trial, and whether his mental state would bar him from
being executed.
The results of the evaluation have not been made public, although Samour
disclosed in December that Holmes had been found competent to stand trial.
Prosecutors have challenged one of the three conclusions reached by evaluators,
saying one of the evaluators was biased in his findings. Samour has ordered a
hearing for this month on whether Holmes should undergo a 2nd sanity
examination, but ordered that hearing closed to the public, media and victims,
and transcripts of the proceedings sealed.
(source: Reuters)
CALIFORNIA:
Jury to consider death penalty for musician's killer
Some of the jurors closed their eyes and swayed to the gentle rhythm of the
guitar piece composed by the man who was shot and killed by the murderer
sitting across from them.
The title of the song was "Spring by the Willows," and the soft picking and the
smooth chord structure laid over a measured syncopation stood in contrast to
the manner in which Keith Fessler's passion for this world was violently
stilled by a burglar who didn't want any witnesses who could send him back to
prison.
On Tuesday , the song was entered as an exhibit in Sacramento Superior Court in
the penalty phase of Ronnie Vang's murder trial. Vang is the defendant the
jurors convicted last month of special-circumstance murder in Fessler's death.
The conviction qualified Vang, 32, for the death penalty, and now the same jury
is being asked to decide whether he should be executed or sentenced to life in
prison with no chance of parole.
Deputy District Attorney Valerie Brown introduced Fessler's music to the jury
as part of a package of victim impact evidence. A friend gave the voiceover to
the soundtrack, telling the jury that the 44-year-old Fessler "wanted to shoot
out good vibes to the world" through his music.
"He was really into composition," Todd Horton testified. "He was just starting
to get into trusting his voice in public."
Fessler's music, Horton said, "is the reason I was drawn to Keith. He was so
gentle, a different kind of person." Fessler was also "the happiest guy I ever
met," Horton said.
By day, Fessler worked as a technician for Kaiser Permanente, repairing
high-tech medical equipment such as MRI machines. In his off-hours, he played
guitar and wrote music and liked to windsurf on San Francisco Bay. He also was
1 of 3 sons in a tight-knit military family that moved around the country a bit
while Fessler was growing up.
Authorities found Fessler's body June 23, 2009, shot and killed execution style
in a bedroom of his home in the 7400 block of Carella Drive, in the Meadowview
area. According to evidence at trial, Vang and his cousin and co-defendant,
Joson Vang, 27, were burglarizing his house when Fessler walked in on them.
They tied him up and laid him on a bed where Ronnie Vang shot him in the back
of the head. Then they stole his guitars and windsurf boards and set his house
on fire. Witnesses testified that Vang said he shot Fessler because he had just
gotten out of prison and didn???t want to go back.
Joson Vang also was convicted in the case, but is not facing the death penalty.
He is scheduled for sentencing Friday.
Fessler's younger brother, Eric, testified Tuesday that the two of them had
spoken just a few days before the murder. He said they were planning a vacation
in Wisconsin, where Eric lives. Instead, Eric Fessler testified, he had to
figure out a way to tell his boys, who were then 4 and 3, about what happened
to their uncle. Four years later, Eric Fessler said, he still hasn't told them
the whole story.
In picture after picture displayed on the courtroom screen, Eric Fessler
narrated photos where his smiling brother, with his hair cut into a mullet and
wearing Hawaiian shirts and sunglasses, accompanied his nephews on boat rides
in Florida and at poolside at the home of the boys' grandparents.
"Family was his life," Eric Fessler said. As for his Keith's nephews, "He would
do everything he could to be there for them, to be an influence. As much as he
could, he would be around them."
It was the jury's finding that Ronnie Vang murdered a witness that made him a
candidate to become the 5th murderer from Sacramento County sent to death row
in the last 10 years. Vang had been released from Folsom State Prison only 4
days before the killing, according to the prosecutor. He had been imprisoned
for a parole violation on an underlying conviction of 2nd-degree burglary.
Brown, the deputy DA, said in court that Ronnie Vang was tested for drugs 3
days after he was paroled and one day before the murder of Keith Fessler. She
said the test came back positive, but that the results weren't returned to
parole officials until after the killing.
Vang's penalty-phase attorney, William White, called the head of the county's
jail's psychiatric services to testify Tuesday that the defendant had been
diagnosed as suffering from depression and methamphetamine abuse disorder.
Dr. Gregory Sokolov said he never treated Ronnie Vang, but interviewed him in
August and had reviewed reports on him. Sokolov said Vang was born in Portland
and raised in Sacramento. According to Sokolov's testimony, Vang began to have
problems when his parents split up when he was young, and that he began smoking
marijuana at age 10, then methamphetamine when he was 12.
Sokolov described Vang as an everyday meth smoker until he was 16 and that he
ran away from home and lived "almost a transient lifestyle" through his early
teen years.
When he was still a juvenile, a judge declared Vang "out of control" and placed
him in Pennsylvania's Glenn Mills Schools program for juvenile delinquents.
Authorities at the facility outside Philadelphia said Vang responded well to
their program, according to a letter White read to the court.
Sokolov said Vang began using drugs again when he left the Glenn Mills Schools
program and returned to Sacramento at age 19. Vang's criminal record, presented
to the court by the DA, showed that after his return he was convicted on 5
separate felonies, for car theft, twice for receiving stolen property,
possession of drugs for sale and the 2nd-degree burglary.
White is expected to conclude his case today. The attorneys will then argue
Thursday before Judge Steve White sends the case to the jury.
(source: Sacramento Bee)
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