July 11
TEXAS----new death sentence
Kenneth Wayne Thomas sentenced to death for murder of prominent attorney
A Dallas jury deliberated only 35 minutes Friday before ordering the execution
of Kenneth Wayne Thomas for the killing of lawyer and civil rights leader Fred
Finch last year.
Thomas, 25, who had a prior felony conviction, did not react visibly to the
sentence, nor did he say anything when he was ushered out of the courtroom by
bailiffs.
Finch's wife, Mildred, also was stabbed to death last March 16 in their South
Dallas home, which was ransacked and from which large amounts of clothes were
stolen.
Evidence indicated that the couple had been stabbed a total of more than 100
times. Thomas, whose fingerprints were found at the home, was arrested on March
18 at his home - a few blocks from the Finches' home - wearing an expensive
watch that belonged to Finch.
Thomas' trial marked the 1st time that a black defendant in Dallas County faced
the death penalty for killing a black person. He was sentenced to death by an
all-white jury.
In his closing argument, prosecutor Norman Kinne urged the 4-man, 8-woman jury
to avoid being lenient with Thomas because the crimes "didn't happen in my
neighborhood.'
"Is there a barrier that separates his neighborhood from yours?' Kinne said.
"The day justice is replaced with mercy the streets of this city will flow with
the blood of your family.'
Many friends and associates of the Finches attended the 10-day trial. Vernon
Edwards, Finch's stepbrother, said the steady support was "inspiring."
Finch, 66, led successful legal fights to desegregate the Dallas public
schools, the University of Texas at Arlington and Texas Woman's University in
Denton.
Mrs. Finch, 64, was a math professor at El Centro College. Although Thomas also
had been charged in her slaying, he was being tried only for killing Finch.
After the verdict, Kinne said a murder charge filed against Thomas' brother,
Lonnie, 23, would be dropped because there was no evidence that he assisted in
the crimes.
Thomas' death sentence was delivered less than 3 weeks after David Martin Long
was sentenced to die by a Dallas jury for killing 3 women in Lancaster last
October.
Jury selection for 4 other capital murder cases is scheduled to begin at
separate times this year: in the slayings of a Carrollton convenience-store
clerk; a Grand Prairie motel clerk; a University Park teen-ager who was killed
on his 16th birthday during a burglary; and an elderly Oak Cliff couple who
were killed in their home.
The number of local death penalty cases reflects the increase in serious crime,
Kinne said.
(source: Dallas Morning News)
*****************
Texas killer could face death penalty
The Texas man accused of slaughtering 6 members of his ex-wife's family,
including 4 children, has been charged with murder amid revelations he had
previously been arrested for domestic violence.
Ronald Lee Haskell, 33, faces the death penalty for multiple counts of capital
murder.
The heavy-set blond man was in the custody of the Harris County Sheriff's
Office following an hours-long stand-off with dozens of officers, including a
SWAT team and hostage negotiators, late on Wednesday.
No bond was set and Haskell is due to be arraigned on Friday.
The motive behind the latest chapter in the epidemic of gun violence plaguing
the US was not immediately known, but police suspect family troubles led to the
bloodshed.
Haskell forced his way into the home of his ex-wife's sister in Houston by
dressing as a FedEx delivery man, according to police.
He demanded to see his ex-wife, Melannie Haskell but she wasn't there so
Haskell reportedly tied up the family's 5 children - 2 boys aged 4 and 13 and 3
girls aged 7, 9 and 15 - while waiting for their parents to return home.
Once husband and wife Stephen Stay, 39, and Katie Stay, 33, returned, they were
also tied up.
Haskell then shot each member of the family in the back of the head
execution-style.
The 15-year-old teenager survived but was in critical condition. She managed to
tell police where Haskell was headed, saying the gunman intended to kill her
grandparents as well.
Katie Stay's father, Roger Lyon, said the family was "shocked and devastated"
by the tragedy.
"Stephen and Katie Stay and their beautiful children were an amazing and
resilient family. They lived to help others, both at church and in their
neighbourhood. We love them beyond words," he said.
"Cassidy Stay, 15, who survived the attack, is expected to make a full
recovery. We are grateful for this miracle.
"We are in awe of her bravery and courage in calling 911, an act that is likely
to have saved all of our lives. She is our hero."
A 20-minute police chase ensued, ending when officers cornered Haskell in a
cul-de-sac.
During the stand-off, the shooter sat in his vehicle surrounded by about 50
police with their guns drawn. There were at least a dozen patrol cars waiting
to pounce.
Haskell's February divorce was difficult, according to court documents from
Cache County in the southern state of Utah where he lived.
He was considered a "threat" to the couple's children.
In 2008, Haskell was arrested on suspicion of domestic violence, simple assault
and committing an act of violence in front of children, according to local
media.
The shooting was the latest in a spate of similar incidents in a country
plagued by gun violence.
President Barack Obama has warned that America needs to do some
"soul-searching" on gun control laws, which remain lax despite regular gun
rampages.
(source: 3news.co.nz)
CONNECTICUT:
Lawyer urges Connecticut court to overturn death penalty of man who ordered boy
witness killed
A public defender urged the Connecticut Supreme Court on Thursday to overturn
the death penalty of a man who ordered the 1999 killings of a woman and her
8-year-old son, saying a prosecutor's misconduct and a judge's mistakes warrant
a new penalty phase of his trial.
The prosecutor at the trial of Russell Peeler Jr. committed misconduct when he
told the jury during closing arguments that nothing but the death penalty would
bring justice to the victims' family, Assistant Public Defender Mark Rademacher
said. He also said a judge wrongly kept some defense witnesses from testifying.
Senior Assistant State's Attorney Marjorie Allen Dauster denied the defense
allegations during the 2 hours of arguments before all 7 justices of the
state's highest court, which is expected to take months to issue a decision.
Peeler, 42, was sentenced to death in 2007 for ordering his brother to kill
Karen Clarke and her son, Leroy "B.J." Brown, who were shot to death in their
Bridgeport home. The boy was expected to testify against Peeler in another
murder case - the 1998 killing of Clarke's boyfriend and Peeler's drug-selling
rival Rudolph Sneed Jr. In January, Peeler was sentenced to 105 years in prison
for Sneed's murder.
In a verdict that shocked prosecutors and the victims' family, Peeler's
brother, Adrian Peeler, was acquitted of murder charges but convicted of
conspiring to kill Clarke and her son. Adrian Peeler was sentenced to 20 years
in prison.
What wasn't argued Thursday was Connecticut's 2012 repeal of the death penalty
for future murders only, which is one of the 33 issues in Peeler's appeal. The
Supreme Court is weighing the repeal in another murder case, mulling whether it
violates the constitutional rights of the 11 men on death row and whether it
should apply to them as well.
No members of the families of Peeler and the victims attended the arguments.
Rademacher said one of the top issues in Peeler's appeal is the closing
argument during the penalty phase by now-retired prosecutor Jonathan Benedict.
Benedict told the jury that since Peeler had already been sentenced to life in
prison in a federal drug case, giving him a life sentence in the killings of
Clark and her son would "allow him 2 free murders with no punishment
whatsoever."
Rademacher said Benedict's statement violated Peeler's constitutional rights,
including the right to due process.
"He told the jurors to just ignore all the evidence ... to ignore the law,"
Rademacher told the justices. "It's even worse because he is in effect telling
the jury, 'What will the people think ... if you give him no punishment
whatsoever?'"
Dauster told the court that Benedict's comment was appropriate and did not
amount to misconduct, because he was responding to a defense argument involving
Peeler's federal sentence.
In a 361-page brief to the court, Rademacher also argued that some key defense
witnesses - teachers and guidance counselors at Peeler's children's school -
weren't allowed to testify during the penalty phase, and prosecutors rejected 3
black people for the jury for no reason. Peeler is black.
5 of the 12 jurors who heard the case were black. Dauster said the prosecution
objected to the 3 jurors mentioned by Rademacher because of legitimate,
race-neutral reasons including opposition to the death penalty.
(source: Associated Press)
*****************
High Court Hears Appeal In Murders Of 8-year-old Boy, Mother
The state Supreme Court today heard the appeal of a death row inmate convicted
of arranging the Bridgeport killings of an 8-year-old boy, and the child's
mother.
Russell Peeler, Junior's Assistant Public Defender Mark Rademacher claims the
state was wrong to tell jurors that because the defendant was already serving
life in prison, anything less than the death penalty would be like allowing 2
free murders, without any additional punishment.
"It's difficult to imagine anything that a prosecutor could say in closing
argument, that would be more destructive of the entire trial process,"
Rademacher said.
But the state argues that it was the defense that raised the issue of the
previous, federal sentence.
Senior Assistant States Attorney Marjorie Allen Dauster argued that because the
defense brought up the federal sentence, the state was allowed to respond.
The defense brought up dozens of other claims in paperwork filed with the
court.
2 years ago, state lawmakers and the governor took the death penalty off the
books in Connecticut, but they say the law allows people already on death row
to be executed.
Karen Clarke and her son, Leroy "B.J." Brown were killed in 1999, by Peeler's
brother. The 8-year-old boy was a witness against Peeler in another murder
case.
(source: CBS news)
NORTH CAROLINA:
DA to seek death penalty in Kauffman murder
Rowan County District Attorney Brandy Cook said this morning she will seek the
death penalty against 2 men charged in the December murder of 25-year-old
Marcus "Marco" Kauffman.
Khari Dewayne McClelland, 23, of Harmony, and Jaylend Daquann Turner, 19, of
Statesville, remain in the Rowan County Detention Center without bond.
Kauffman was shot after he interrupted a break-in at his Chenault Road home in
western Rowan County. He and his wife, Maryann, arrived home Dec. 2 to see 2
men there whose vehicle appeared to be broken down. Kauffman took his wife to a
neighbor's house and returned.
Kauffman approached the men and asked if they needed help. He was shot in the
back of the head by one of them while inside his car. He was hospitalized
several weeks before dying.
His wife, who was pregnant at the time of the shooting, gave birth to a son.
2 others, Tramel Devon Hart, 18, and Michael Dwayne Teasley, 25, were charged
with accessory after the fact of 1st-degree murder. Hart and Teasley remain the
Rowan County jail, each under a $1.5 million bond.
(source: Salisbury Post)
GEORGIA:
Death penalty conference to focus on reconciliation
Georgia Catholics Against the Death Penalty will have an informative gathering,
"Restoration, Reconciliation and Forgiveness: A Catholic Perspective on the
Death Penalty" on Saturday, Aug. 2, at the archdiocesan Chancery offices, 2401
Lake Park Drive in Smyrna. The program runs from 8:30 a.m. to 3 p.m.
The program's nationally acclaimed speakers will take an in-depth look at the
death penalty from the perspective of the Catholic faith, as well as the call
for reconciliation and healing.
Guest speakers include Sister of Mercy Camille D'Arienzo, a contemporary of
Congregation of St. Joseph Sister Helen Prejean and author of the audiobook
"Stories of Forgiveness"; Florida attorney Dale Recinella, JD, M.T.S., author
of "Now I Walk on Death Row," and Amy Vosberg-Casey, JD, staff attorney with
The Georgia Resource Center, a nonprofit law office providing free
representation to death row inmates. John and Kimberly Starbuck will speak
about forgiveness from the perspective of a victim's family.
Mass will be celebrated at the conclusion of the seminar at approximately 3
p.m.
The cost for the day, including lunch, is $20 per person, paid at the door.
Due to limited seating, RSVPs are requested by email to jpl...@archatl.com.
(source: Georgia Bulletin)
FLORIDA:
Florida court won't let attorney drop death case
A divided Florida Supreme Court is ruling public defenders must continue to
represent a death row inmate even though James Robertson says he wants to be
executed.
Robertson, who has been in prison for three decades, was sentenced to death in
2012 for killing his prison cellmate.
Robertson's attorneys want permission to withdraw from the case because
Robertson does not want to challenge his sentence.
But in a 4-3 ruling the court said that the attorneys must continue to
represent Robertson during his appeals. The majority stated that it would be a
"serious threat" to the state's death penalty process to let the attorneys
withdraw.
Justice Charles Canady in his dissent argued the court was infringing on
Robertson's rights to decide whether or not he wants to appeal his sentence.
(source: Bradenton Herald)
********************
Judge orders new trial for Treasure Coast Death Row inmate known as the
'Salerno Strangler'
The Treasure Coast death row inmate known as the "Salerno Strangler" deserves a
new trial in the 2004 murders of 3 women because his lawyers failed to make a
meaningful or organized effort to represent him, a judge has ruled.
The potential new trial for Eugene Wayman McWatters Jr. comes more than 8 years
after a jury convicted him in the rapes and murders of 3 Port Salerno-area
women and recommended that Circuit Judge Larry Schack sentence him to die.
Schack gave McWatters 3 death sentences in 2006.
McWatters, on death row since, appealed, and in an April hearing before Schack
he accused his attorneys Robert Udell and Rusty Akins of poorly representing
him.
Schack issued a scathing 73-page ruling this week that concluded that the
lawyers brushed off basic arguments, missed obvious opportunities to challenge
key parts of the state's case, and even failed to keep a complete case file in
what has become one of the biggest murder cases in the region. Prosecutors have
30 days to appeal to the Florida Supreme Court.
Though the judge seemed to place most of the blame on the now-disbarred Udell,
he said both lawyers gave McWatters a "seriously deficient performance" that
resulted in "a re-victimization of family members, a tremendous waste of
resources, and a reversal of the defendant's conviction."
"In fact, there was no meaningful investigation, no meaningful preparation, no
meaningful effort put forth, nor was there any apparent strategy," Schack
wrote.
With the ruling, Schack has reopened the murder cases of Jackie Bradley,
Christal Wiggins and Carrie Ann Caughey. All were found raped and strangled
within 10 weeks of one another in 2004.
All 3 women were found naked from the waist down and had their shirts pushed up
to their necks. Witnesses said Bradley, murdered in March 2004, was last seen
with McWatters near a homeless camp, and said McWatters had promised her she
could shower at his sister's house.
Wiggins and McWatters were seen leaving a house party together May 31, 2004,
and McWatters was seen trailing behind Caughey on a bicycle the same day. The
women were murdered on the same day, but Wiggins' body was discovered after
Caughey's in a wooded area across the street from where Caughey was found.
If prosecutors hope to win the appeal they would have to overcome the laundry
list of problems Schack outlined. Among them, Schack said, was that Udell and
Akins had 2 investigators apiece working on the case, but there was no record
the investigators ever worked together.
Venus Oleyourrk, who Udell used to find evidence to avoid a death sentence, had
no training as an investigator, paralegal or more importantly a mitigation
specialist - investigators specifically trained in searching for such evidence.
When that investigator moved out of state months before the trial, Udell
replaced him with his son, Spencer, who worked the case for a short while
before he was arrested himself.
None of the investigators who testified in the hearing before Schack earlier
this year could give specifics on what strategy the defense team had, if any.
Oleyourrk said she received no direction from Udell, hadn't looked at Akins'
files and never obtained paperwork the Public Defender's Office collected
before the case went to the private attorneys.
The judge also found no clear division of labor between the 2 attorneys. While
many 2-member defense teams in death penalty cases divide responsibilities
between the guilt and penalty phases, no firm boundaries existed between Udell
and Akins, Schack concluded. The judge noted disagreements among them over
whether to make legal pleadings most defense attorneys would think of as
standard - including a request to block McWatters' confession.
Even when he filed it, Udell dismissed the appeal as frivolous, a boiler-plate
motion. It failed to mention the specific issues with McWatters' confessions -
including the fact that McWatters had consumed 12 beers and smoked three or
four marijuana joints on the morning he confessed. He told police in each of
the murders he had sex with the women, blacked out and awoke to find they were
dead.
When it came time to argue the matter in a pre-trial hearing, the judge wrote,
Udell at the last moment passed off his duties to Akins, and left Akins alone
in the courtroom to try to convince Schack to throw out the confession. Udell,
meanwhile, took a call on his cellphone outside the courtroom, the judge wrote.
At the time, Udell was also the attorney in the high-profile California case of
Cynthia Sommer, accused of poisoning her Marine husband and using his insurance
money to get breast implants and pursue a lifestyle of wild parties and sex
with multiple partners.
A jury convicted Sommer, but she too won a new trial by arguing Udell was
ineffective. Prosecutors later dropped the charges against her.
Udell, who also once represented teen-aged killer Nathaniel Brazill, was
disbarred in 2009 over allegations that he mishandled legal fees and
fraudulently billed a state agency.
In this case, Schack said, he was puzzled as to why McWatters' defense team
failed to even put up a fight on issues that gave prosecutors a heavy
advantage. They never challenged the women's causes of death, agreed to merge
the three cases and never made an issue to throw out statements McWatters made
to detectives before he was read his rights.
Of the confession, Schack said, they failed to make arguments attributing it to
a number of factors, including police coercion, McWatters' potential
psychiatric conditions and brain damage.
(source: insurancenewsnet.com)
_______________________________________________
DeathPenalty mailing list
DeathPenalty@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/
~~~~~~~~~~~~~~~~~~~~~~~~~~~
A free service of WashLaw
http://washlaw.edu
(785)670.1088
~~~~~~~~~~~~~~~~~~~~~~~~~~~
