June 28
TEXAS:
Courthouse shooter files death penalty appeal
The attorney for the Jefferson County Courthouse killer has submitted an appeal
of Bartholomew Granger's death-penalty conviction.
Granger, 43, was convicted last year of capital murder in Galveston County for
the March 14, 2012 shooting death of 79-year-old Minnie Ray Sebolt. Sebolt was
caught in a hail of bullets as she walked into the Jefferson County Courthouse
while Granger fired at his daughter's mother, Claudia Jackson, running toward
the safety of the courthouse.
Attorney Dough Barlow argued in his appeal that Granger should not have been
sentenced to death because the "transfer of intent" statute used to convict his
client is not a "very often-used vehicle in a death penalty investigation."
Jackson and Granger's daughter, whom he shot and then ran over with his
vehicle, were witnesses against him in an aggravated sexual assault case in
Criminal District Court.
Granger's intent to kill his daughter's mother, which would have been capital
murder because it would have been in commission of another, qualifying crime -
retaliation against a witness - was transferred to Sebolt, who was shot by
accident.
Jefferson County Assistant District Attorney Waylon Thompson said he has
received and responded to Granger's appeal of his death sentence. He said oral
arguments before the Texas Court of Criminal Appeals might occur in 45-90 days.
In addition to Granger, 3 other Southeast Texas men are on death row awaiting
execution dates:
John William King, 39, was sentenced to death Feb. 25, 1999 for chaining James
Byrd Jr., 49, to the back of his pickup truck and dragging him down Huff Creek
Road in Jasper until he died. King filed for appeal in October with claims of
evidence that he was not at the scene of the hate crime.
Jamaal Howard, 34, was sentenced to death in 2001 for the fatal shooting of a
42-year-old clerk who was working in a Silsbee Chevron station. After shooting
Vickie Swartout in the chest, Howard made off with $114 in cash.
Nelson Mooney, 58, was sentenced to death in 1984 in Liberty County for fatally
shooting Raymond Garner, 63, of Houston.
(source: Beaumont Enterprise)
*************************
Speakers share stories in stance against death penalty
Personal stories were voiced as speakers urged listeners to act out against the
death penalty.
At 10 a.m. Friday in room C156 at the 2014 Texas Democratic State Convention,
the Texas Death Penalty Abolition Movement held a caucus urging listeners to
act by signing a petition, handing out fliers and encouraging others to march
in the 15th Annual March to Abolish the Death Penalty being held Oct. 25 in
Houston.
Speaker Delia Meyer said that she lost her brother because of the death penalty
for a crime that he did not commit, and attested that death row victims should
be treated as humans.
"We have to consider having some compassion and mercy," Meyer said.
According to Death Penalty Information Center's Summary of 2013 Year End
Report, Texas is responsible for the bulk of executions nationwide. Audience
members voiced their condolences and approval of the abolishment of the death
penalty as well.
"Whether they're guilty or innocent, they still have redeeming possibilities,"
Austin resident J.R. Seabott-Doty said. "They could change. If they're mentally
ill, they could still get care. There's always a redemption and rather than
kill them, they could be educated or learn to do useful work."
Speaker Jeanette Popp said she lost her daughter at the hands of a murderer.
However, she said she does not support the death penalty because it is still
taking the life of another human being.
She stated she will not stain her or her daughter's hands with the murderer's
blood.
"Today, I want to ask you in memory of my daughter to stand together, united
and strong," Popp said. "Speak in one loud voice they can't ignore. We will not
tolerate being made accessories to murder."
(source: The (Univ. Texas-Arlington) Shorthorn)
CONNECTICUT:
Connecticut high court to hear death penalty case
The state Supreme Court will be hearing arguments on whether a man convicted of
ordering the 1999 killings of a woman and her 8-year-old son in Bridgeport
should have received the death penalty.
The court will take up the appeal of Russell Peeler Jr. on Monday.
Peeler was condemned to die for ordering his brother to kill Karen Clarke and
her son, Leroy "B.J." Brown. The boy was a key witness against Peeler in
another murder case.
Peeler's brother, Adrian, was sentenced to 20 years in prison after being
acquitted of murder but convicted of conspiring to kill Clarke and her son.
Russell Peeler raised 33 appeal issues, including the rejection of three black
people for the jury and the 2012 repeal of Connecticut's death penalty for
future murders only.
(source: Associated Press)
GEORGIA:
Judge wants death penalty hearings over
Dougherty County Judge Willie Lockette orders defense attorneys and prosecutors
to file legal briefs in the next 90 days, following Friday's death penalty
hearing in the 20-year old murder case against Ray Johnson.
Johnson was given a death sentence for the March 1994 murder of Angela
Sizemore. The young mother was raped and stabbed 41 times.
Johnson's attorneys have been re-testing evidence with new DNA technology and
want a new trial. Friday, they called a forensic scientist from Virginia
Commonwealth University to testify.
Prosecutors and Sizemore's family say the defense is just wasting time.
"Offering again the notion that there had an alternative theory to what had
happened. That there possibly could have been other persons who might have been
involved. But no evidence to substantiate it," said Greg Edwards, Dougherty D.
A.
At the end of today's hearing Johnson surprised even his lawyers by asking to
speak. He thanked Judge Lockette for allowing him to present his appeal.
Judge Lockette told defense attorneys he wants this to be the last hearing on
this murder case.
(source: WALB news)
FLORIDA----female to face death penalty
Prosecutors to seek death penalty in child's slaying
Prosecutors will seek the death penalty against a Jupiter woman accused of
killing her former domestic partner's 2-year-old daughter on Memorial Day,
according to court documents filed this week.
The State Attorney's Office filed a court notice indicating that it will seek
the death penalty for Kimberly Lucas, 40, who is charged in the May 26 death of
Elliana Lucas-Jamason. Authorities say Lucas also tried to kill Elliana's
10-year-old brother, Ethan Lucas-Jamason, by drugging him with pills.
A grand jury indicted Lucas this month on charges of 1st-degree murder,
attempted 1st-degree murder and child abuse. The 1st-degree murder charge is a
capital felony, making the case eligible for the death penalty. The attempted
murder charge is punishable by life in prison and Lucas could face up to 5
years in prison on the child abuse charge.
In an email sent to The Post late Friday, Lucas' attorney said he was not
surprised by the notice.
The state must send notice to the seek the death penalty within 30 days of an
indictment. The state will initially send such notice in almost all 1st-degree
murder cases, said the attorney, Marc Shiner.
"We are hopeful this will be reconsidered down the road when all the facts come
out about what happened and why it happened," Shiner said. He declined further
comment.
According to information provided by police, Elliana was found submerged in a
tub by her brother, who tried to save her. The incident happened in The Dakota
at Abacoa apartments, south of Dakota Drive and west of Central Boulevard.
The boy and girl had spent the day with Lucas, who is the former domestic
partner of the children's biological mother, Jacquelyn Jamason. By numerous
accounts, Lucas had raised the children from birth with Jamason.
According to police, Lucas gave the children anti-anxiety pills. She reportedly
told Ethan that the pill would make him grow faster and gave it to him with a
cup of coffee.
The boy told investigators that he felt dizzy after he drank the coffee and
went to lie down in his room, the arrest report said.
When he awoke, he found himself in the bed next to Lucas, who was unresponsive.
He went to the bathroom and found the door locked. He reportedly opened the
door with a knife and found Elliana submerged in the tub.
Lucas was taken to a local hospital in critical condition, but was later
released and charged.
Police would not say why Lucas needed medical treatment.
During the investigation, police found a note on Lucas' computer in which she
reportedly referenced a church sermon and blamed her ex-partner for her
actions.
(source: Palm Beach Post)
***********************
Prosecutors to pursue death penalty for Kymberley Lucas----Woman accused of
killing ex-partner's 2-year-old
Prosecutors will pursue the death penalty for a woman accused of killing her
ex-partner's 2-year-old daughter after leaving a bizarre note citing a Bible
story.
A court filing made by the State Attorney's Office this week announces
prosecutors' intentions regarding 40-year-old Kymberley Lucas, who is jailed
awaiting trial in the May killing.
Lucas is charged with 1st-degree murder in the death of the girl, who was found
in a bathtub, and attempted 1st-degree murder of the child's 10-year-old
brother, who police say was drugged.
In a note found by police, Lucas purportedly cited the Old Testament story of
Abraham, who prepared to kill his son Isaac under orders from God, only to be
told at the last minute to stop.
Lucas' attorney did not immediately return a call seeking comment.
(source: WPBF news)
*****************
Florida Supreme Court orders new hearing for man convicted of killing
11-year-old
A death row inmate awaiting execution next month is getting a last chance to
avoid lethal injection.
The Florida Supreme Court on Thursday ordered a circuit court in Polk County to
hold a hearing on whether it would be unconstitutional to use a lethal
injection drug on Eddie Wayne Davis.
Davis is currently scheduled to be executed on July 10 for the 1994 murder of
11-year-old Kimberly Waters. Davis was convicted of breaking into his
ex-girlfriend's home and kidnapping, raping and murdering Waters.
Davis, however, maintains that he suffers from the medical condition porphyria
and that use of the first drug administered during lethal injection will cause
him extreme abdominal pain, nausea and vomiting.
A divided court ruled by a 5-2 margin that the lower court must evaluate
Davis's claims.
(source: Associated Press)
*****************
After Almost 30 Years, DNA Shows State's Case "Has Collapsed"
On June 26, the Florida Supreme Court overturned the capital murder conviction
of Paul Hildwin and ordered a new trial because new DNA evidence completely
contradicted the state's evidence presented at trial. Hildwin was convicted of
a 1985 murder and sexual assault. At trial, an FBI forensics expert wrongly
claimed that bodily fluids found at the crime scene matched Hildwin and could
not have come from the victim's boyfriend. However, more recent DNA testing
excluded Hildwin and found that the fluids matched the boyfriend, who is
incarcerated for the sexual assaults of 2 minors. In the decision overturning
Hildwin's conviction, the Court said, "We cannot turn a blind eye to the fact
that a significant pillar of the state's case, as presented to the jury, has
collapsed and that this same evidence actually supports the defense." Barry
Scheck, co-director of the Innocence Project, which was involved in Hildwin's
appeal, said, "As Mr. Hildwin's 30 year quest to free his name so dramatically
illustrates, there is a real danger that the recently enacted 'timely justice
act' could result in the execution of innocent people."
Marty McClain, an attorney for Mr. Hildwin, said, "The DNA evidence, [the
boyfriend]'s criminal background and statements by witnesses who prove the
crime couldn't have occurred when originally thought, make it obviously clear
that law enforcement went after the wrong person." Hildwin had been in the car
with the victim and her boyfriend shortly before the murder. Police determined
he was in possession of items belonging to the victim.
(source: DPIC)
OHIO:
Father could face death penalty in Hamilton double murder case
A man accused of murdering his 29-year-old daughter and another man inside his
Hamilton home appeared in court Friday morning following his indictment for
capital murder.
Common Pleas Judge Keith Spaeth ruled that Alfred I. Rutherford, 55, will
remain in the Butler County Jail on a $2 million bond. Butler County Prosecutor
Michael Gmoser previously asked for Rutherford to be held without bond.
Officers found his 29-year-old daughter, Lacey Rutherford, and 41-year-old
Steve Watkins of Wilmington gunned down just after 2:30 a.m. June 18.
Rutherford was indicted Wednesday by a Butler County grand jury on charges of
aggravated murder for Watkins' death, murder and having weapons under
disability.
He could face the death penalty if he's convicted.
Police said there were multiple people gathered at the home on Hilda Avenue,
including children, when an argument broke out that led to gunfire.
Rutherford's wife called 911 and said that he shot their daughter with a
shotgun and then left the house. She told the operator that she didn't know
where he was going.
During the call, Lacey's son is heard crying in the background.
Rutherford was taken into custody about 8 hours later at Joyce Park in
Hamilton.
FOX19 Investigates found that Rutherford has a lengthy record with many run-ins
with the law. The charges he's faced include kidnapping, robbery and
discharging firearms in the city. He's also had several DUI and drug arrests.
(source: Fox News)
TENNESSEE:
State seeks death penalty in Campbell Co. toddler's murder
The state will seek the death penalty against a Campbell County man accused of
killing his girlfriend's 3-year-old daughter, according to District Attorney
General Lori Phillips-Jones.
Joshua Comer, 33, of LaFollete appeared in court Friday. Officials charged him
with 1st-degree murder in the death of Gabriella Orton.
Phillips-Jones said Comer deserves the death penalty for 3 reasons: the victim
was a young child, the evidence of aggravated child abuse, and the heinous
nature of the crime.
"The detectives have worked extremely hard, and this is a very disturbing case
of child abuse and neglect," said Phillips-Jones. "And I appreciate all the
work of DCS and the detectives that worked long, hard hours to bring it to the
grand jury and now to arraignment."
The victim's mother, Amber Leann Orton (aka Rezentes), 29, of LaFollette will
also stand trial with Comer but will not face the death penalty. Officials
charged Orton with aggravated child neglect.
"Unfortunately, child abuse is alive and well in our communities, and it's up
to each and every one of us to protect our children," said Phillips-Jones.
Both Orton and Comer pleaded not guilty Friday, and the judge appointed them
public defenders.
The state decided to try the couple together based on the evidence in the case.
A trial date has not been scheduled at this time.
(source: WBIR news)
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