Sept. 16
TEXAS:
An Unfinished Prison Story
In 1967, Danny Lyon, a young photographer from New York who had spent the
beginning of his career documenting the civil-rights movement, was granted
permission by the Texas Department of Corrections to photograph freely inside
the state's penitentiaries. He spent the next 14 months among the inmates at 6
institutions, producing a raw and revealing portrait of prison life that was
published, in 1971, in the volume "Conversations with the Dead." Lyon wrote, in
the book's foreword, that he had tried "to make a picture of imprisonment as
distressing as I knew it to be."
Several of the inmates Lyon had met in the jails stood out as the book's main
characters, especially Billy McCune, a prisoner who was convicted of raping and
beating a woman in a Fort Worth parking lot, in 1950. Originally condemned to
die in the electric chair - at the time, rape cases were eligible for the death
penalty - McCune had his sentence commuted to life, in 1952, after he cut off
his own penis on death row. Diagnosed as psychotic, he lived in a 9-by-5-foot
cell in a prison psych ward. However, after meeting Lyon, McCune began mailing
the photographer a series of letters and colorful drawings that revealed him to
be a person of artistic sensitivity and intelligence. In his book - which
included facsimiles of McCune's art and transcriptions of his letters, along
with mug shots and prison reports on him and other inmates - Lyon wrote,
"Sometimes I would get as many as 3 envelopes a week, and sometimes only two in
a month. But inside there was always something incredible, something beautiful,
something a man had painted or written from a place where nothing should grow
.... In the letters and drawings of a supposed madman, I have found someone
much more eloquent than I to explain to the free world what life in prison is
like."
In the afterword to a new version of "Conversations with the Dead," just
reissued by Phaidon, Lyon tells the chapters of McCune's story that unfolded
after the book's initial publication. Released from prison in 1974, McCune
visited Lyon at his home in Bernalillo, New Mexico, once, in 1982, then
"vanished" from his life for the next 20 years. In 2000, though, Lyon received
a letter from a nun at a homeless shelter in Kansas City, saying that McCune, a
regular visitor to the shelter, was old and frail and hoped to see Lyon once
more before he died. The 2 reunited in Kansas City several months later; McCune
died in October, 2007. Reflecting on the decades since he made his remarkable
body of work, Lyon writes, "If, back in 1968, I thought I could bring down the
mighty walls of the Texas prison system by publishing 'Conversations with the
Dead' and the work of Billy McCune, then those years of work are among the
greatest failures of my life. . . . Prison is part and parcel of America, part
of the American way. It's like a cancer inside us."
(source; The New Yorker)
**************
Man convicted in 1970s Tyler killing seeks to clear name
Attorneys for a man convicted in the murder of an East Texas woman have filed
paperwork to declare their client's innocence.
Kerry Max Cook was convicted in the 1977 killing of Linda Jo Edwards, 21, of
Tyler. Though originally sentenced to death, Cook maintained his innocence and
a court overturned the verdict, spurring 2 subsequent trials. The 2nd ended in
a mistrial and the 3rd sent him back to death row.
Facing a 4th trial in 1999, with the State again pursuing the death penalty,
Cook pleaded no contest and was granted a sentence of time served after
spending more than 20 years on death row.
On Tuesday, Cook's lawyers, Cheryl Wattley and Steven Rosen, sought to clear
his name based on 5 different grounds:
--That he is innocent of the rape and murder of Linda Jo Edwards
--New scientific evidence requires that Cook's conviction be vacated
--The State suppressed exculpatory evidence it possessed prior to entry of
Cook's no-contest plea
--Cook's due process rights were violated by the State's alleged destruction of
exculpatory evidence
--Cook's due process rights were violated by the presentation of false
testimony from James Mayfield
The documents were filed with the 114th Judicial District Court of Smith
County.
According to the documents, Edwards lived in the same apartment complex as Cook
at the time of her death. Lawyers called the original accusations against him
"bizarre and wholly unsupported," saying prosecutors' theory was that "Mr. Cook
(who is heterosexual) was a closeted gay man who brutally raped, mutilated and
murdered his female neighbor in an act of 'lust' and rage over his own
so-called 'sexual ambivalence.'"
Lawyers argue that new post-conviction DNA testing supports Cook's claim of
innocence, saying that of the tests conducted on dozens of samples and cuttings
from evidence at the scene, none yielded a trace of his DNA.
Instead, lawyers say the tests connected another man, James Mayfield, to the
incident. The documents allege DNA tests revealed Mayfield's semen was present
on a pair of Edwards' torn underwear. Mayfield was Edwards' married former
lover and testified at Cook's original trial.
Cook's attorneys allege that Mayfield "had both motive and opportunity to
commit the crime."
The tests conducted were not available at the time of Cook's 1999 no contest
plea, Wattley and Rosen say.
"In light of the record as a whole, this new scientific evidence establishes
... that Cook would not have been convicted had it been available at the time
of his plea in February 1999," the documents read.
(source: KSLA news)
PENNSYLVANIA:
Why Philly is the Perfect Place for the Pope to Denounce the Death Penalty
I guess there is no bad place to call for an end to execution. But
Philadelphia, the City of Love, is a really divine place for his Holiness to
denounce death.
Just this year, Governor Tom Wolf announced a halt on all executions in
Pennsylvania, citing deep concerns about errors and biases inherent in the
system.
A recent study shows that a majority of death sentences are coming from only 2%
of US counties. Philadelphia County has the third largest death row population
of any county, and we have THE highest rate of overturned death sentences in
the country.
Studies consistently show that the race of the victim, the county where a crime
is committed and access to financial resources often determine who will get the
death penalty more than the severity of the crime. As death penalty lawyer
Bryan Stevenson, founder of Equal Justice Initiative, has said: "When it comes
to the death penalty, you are better off being guilty and rich than poor and
innocent."
We now have over 150 people who have been released from death row because of
new evidence - the latest only this past week. Montez Spradley, sentenced to
death in Alabama only to be freed from prison a decade later... innocent of the
crime for which he was almost executed. Even tomorrow, Oklahoma plans to
execute Richard Glossip whose case is riddled with errors, causing many to
believe he is innocent (over 250,000 have signed the petition asking for his
life to be spared). Like Spradley, Glossip is being convicted solely on the
testimony of one witness (who confessed to the crime and got life), and with no
physical evidence linking Glossip to the crime.
6 of those 155 exonerations stories are from Pennsylvania -- people who could
have been wrongfully executed.
That means for every nine executions carried out in the United States, one
person has been found to be innocent. What if an airline crashed one out of
every 10 flights?
So this is the time to abolish the death penalty.
Despite having one of the largest death rows in the country -- with 184 inmates
-- Pennsylvania has been losing steam when it comes to actually executing
people. We've had only three executions since the reinstatement of the death
penalty in 1976, and the last execution was in 1999... a trend we see around
the country. It may be that we are finally ready to find better forms of
justice than the death penalty.
In 2014, just 7 states carried out executions -- 3 of which accounted for 80 %
of them (Texas, Missouri and Florida). Last year, death sentences in the United
States hit a 40-year low, and executions were at a 20-year low.
Recent polls show that for the 1st time in decades a majority of Americans
prefer life in prison over the death penalty. And this is even more pronounced
among young people -- including young people of faith, who are deeply troubled
that 85 % of executions take place in the Bible Belt. Another great reason the
Pope's voice is desperately needed on this issue - after all, Catholics have
had a consistent ethic of life that shapes their thinking on issues like
capital punishment... and many evangelicals are resonating with that seamless
garment of a consistent life ethic.
Victims' groups, such as Journey of Hope, Murder Victims' Families for
Reconciliation and the Forgiveness Project, are gaining traction as they insist
that capital punishment creates a new set of victims and perpetuates violence
instead of healing. As you listen to them, you can't help but be convinced that
we can do better than killing to show that killing is wrong.
Just this year we saw Nebraska become the f1st conservative-led state in 40
years to abolish the death penalty - and several may be right behind. In many
states, political conservatives concerned about the high cost of the death
penalty are leading the way, pointing out that all the money wasted on the
death penalty could be better used to support victims, prevent crime and repair
broken schools and families.
Pennsylvania -- home of the original U.S. Capitol, the birthplace of American
democracy, the iconic site of the Declaration of Independence-- holds an
important place in American history. And a part of that history is that our
Commonwealth was founded by Quakers, who had abolished slavery in 1688, nearly
200 years before it was brought to an end. And it was the Quakers who denounced
the death penalty long before the rest of us, insisting that better forms of
justice are possible.
I can't help but think old William Penn would be proud of Gov.Wolf earlier this
year as he made his announcement to halt all executions. Penn was a pacifist
and a serious skeptic of capital punishment. His Quaker heritage held that
every human being carries the essence of God, and that no one should ever take
the life of another, not even the state.
As Pope Francis leads worship on JFK Boulevard in the heart of Philadelphia, a
statue of William Penn will be looking down on him from atop City Hall... and I
can't help but think our Quaker forefather will be smiling - especially as Pope
Francis continues to insist that every person carries the image of God in
them... and that no one is beyond redemption.
I look forward to the end of the death penalty, and I hope we get one step
closer to it as the Pope comes to the City of Love.
(source: Shane Claiborne, Founder and board member of The Simple
Way----Huffington Post)
**************
Death Penalty Sought Against Former Delco Police Officer
A former Colwyn, Delaware County police officer now faces the death penalty if
convicted of murdering his ex-girlfriend and trying to gun down her husband and
daughter.
He pleaded not guilty today.
Seeking capital punishment in Delaware County.
"We only do it in rare cases."
District Attorney Jack Whelan says Stephen Rozniakowski deserves it for the
bloodshed 10 days before this past Christmas at Valerie Morrow's house in
Glenolden, just hours after she'd taken out a protection from abuse order
against him.
"He had a callous disregard for that court order, and went and carried out the
execution with the intent to kill all 3 family members."
Morrow's husband was awakened and shot back. And despite the attack on her mom
and the bullet wound in her arm, Morrow's 15-year-old daughter took action.
"She was able to knock the gun out of his hand, run down the steps, and flee to
safety."
She watched in court, scarred but not scared, as Rozniakowski was arraigned.
(source: CBS news)
*******************
DA to seek death penalty against ex-officer charged in death
Prosecutors plan to seek the death penalty in the case of a former suburban
Philadelphia police officer accused of killing his ex-girlfriend and wounding
her daughter.
32-year-old Stephen Rozniakowski of Norwood is charged in Delaware County with
criminal homicide murder, attempted murder and aggravated assault.
District Attorney Jack Whelan said Tuesday he would seek capital punishment if
Rozniakowski is convicted of 1st-degree murder, citing a protection from abuse
order, risk to another person and another felony at the time of the slaying.
Authorities alleged that the part-time Colwyn officer killed Valerie Morrow and
shot her daughter in December in Glenolden before he was wounded by the
victim's husband, a part-time Morton officer.
Whelan also said he believed the state Supreme Court would nullify the
governor's moratorium on the death penalty.
(source: Associated Press)
VIRGINIA:
Attorneys say Ricky Gray 'remorseful' for Harvey murders
Lawyers for Ricky Gray, the man sentenced to death for the 2006 New Year's Day
murders in Richmond, told a judge their client is "remorseful" for his actions.
Attorneys argued his case in federal court Tuesday. Gray was convicted in the
brutal murders of the Harvey family. The family was robbed and found slain in
their Woodland Heights home, which was set on fire.
In a brief filed in April, Gray's lawyers say he should be able to argue that
his trial lawyers did not perform to acceptable standards. The court now has
120 days to consider the claims.
Gray was convicted in a series of murders that grabbed national attention
because of the brutality and number of victims. The youngest were sisters
Stella and Ruby Harvey.
Gray, with the help of Ray Dandridge, also killed the girls' parents, Bryan and
Kathryn. A week later, Percyell Tucker, his wife Mary and their daughter,
Ashley Baskerville - who was an accomplice in the Harveys' murder - were also
killed.
Gray was sentenced to death for the girls' murders.
(source: WWBT news)
*************
Roberts' Attorneys Work To Block Death Penalty; 4-Month Trial Eyed
Preparations for the 1st capital murder trial in Loudoun in 3 decades continued
in Circuit Court on Monday when defense attorneys again pressed to remove the
possibility of a death penalty for Anthony R. Roberts.
Roberts, 26, was indicted in February on 5 counts of capital murder and other
crimes in connection with the 2009 killing of William Bennett and the beating
of his wife Cynthia in Lansdowne.
In court Monday, defense attorneys argued that the wording of the grand jury
indictments failed to include enough information to allow the death penalty to
be considered and prosecutors pressed for Judge Thomas D. Horne to set a date
for the trial, which could take four months to complete.
In arguing that Roberts should only face the possibility of life in prison, his
attorneys pointed to a 2013 U.S. Supreme Court opinion that the charging
documents must include all the elements required for defendants to have notice
of the maximum charge they face. In that case, Alleyne v. United States, the
defendant was charged and found guilty by a jury of carrying a firearm during a
crime of violence. The judge then also applied a conviction for brandishing a
firearm, which carried a 5-year mandatory sentence. The opinion by Justice
Clarence Thomas found that the charging documents in the Alleyne case did not
include elements permitting conviction on the brandishing charge. Roberts'
attorneys said the Loudoun indictments were required to identify the
aggravating factors required for a death sentence in Virginia.
Prosecutors said the indictments for capital murder incorporate the possibility
of the death penalty and noted the voluminous record of motions in the case in
which the defense requested additional resources and support specifically
because the death penalty was a possibility.
If Horne grants the motion, the maximum sentence Roberts would face would be
life without parole, unless prosecutors seek new indictments.
Horne told the attorneys he would issue a written ruling on the case.
The defense also is continuing its examination of the grand jury selection
system to determine whether they will argue that jurors were not selected from
a fair cross section of the community. They asked for 6 years of records
relating to Loudoun's jury pool, including returned jury surveys and the names
of individuals who were identified by the jury commissioners and the chief
judge as being qualified to serve. Horne approved the request for the
information.
According to information provided in court, the 2015 grand jury, the pool
started with about 15,000 qualified residents who returned surveys and was
narrowed to 300 at random by computer. The chief judge cut that list in 1/2 and
7 grand jury members were selected at random. Information available to the
commissioners and the judge did not include information such as race, ethnic
background or gender.
County prosecutors have been pressing for several months for the setting of a
trial date, while defense attorneys argued it was too soon to know the full
scope of the case. On Monday, the 2 sides told Horne they expect the trial and
sentencing to take 3 or 4 months.
They envision 4 to 6 weeks for the trial and then, if Roberts is found guilty
of capital offenses, another 2 months to present evidence during the sentencing
phase when jurors would decide whether to send him to death row.
The defense attorneys again urged Horne to delay setting a trial date until at
least December because of the large amount of evidence turned over by
prosecutors last month.
A decision could come Sept. 24, when another motions hearing is scheduled.
(source: Leesburg Today)
SOUTH CAROLINA:
Judge to weigh arguments on gag order in Dylann Roof murder case
For more than 2 months, a judge's gag order has stopped officials from
releasing more public records about the shooting that killed nine people at
Emanuel AME Church in downtown Charleston.
On Wednesday, attorneys for the victims' families, church officials, news media
and the federal government will discuss whether those restrictions should
continue.
Ninth Circuit Judge J.C. Nicholson issued the order in mid-July without a
request from anyone involved in the prosecution of Dylann Roof, who faces the
death penalty in the June 17 attack. Roof, 21, also is charged with federal
hate crimes and religious freedom violations that could be punishable through
execution.
Nicholson made the move without anyone's input, he said, because he was worried
about the effects that 911 calls and crime-scene photographs would have on
victims' loved ones and survivors. He also worried that releasing such
information would somehow harm the police agencies involved with the case, he
said.
Dispatch recordings, including 911 calls, and police supplemental reports are
routinely made public after violent crimes. They often shed light on
authorities' response to crimes.
In the shooting at Emanuel African Methodist Episcopal Church, The Post and
Courier asked for copies of the Charleston Police Department reports and audio
recordings through a S.C. Freedom of Information Act request. The newspaper did
not inquire about photos of the scene.
Nicholson welcomed input on his gag order, and he got it from 7 groups,
including one made up of the newspaper and other news media who filed FOIA
requests with investigators.
Wednesday's 9:30 a.m. hearing at the downtown Charleston County Judicial Center
will give attorneys for the seven a chance to orally argue positions they
already laid out in court filings.
The last time Nicholson discussed his order publicly during a July 16
proceeding, Roof appeared at the courthouse in person.
(source: The Post and Courier)
FLORIDA:
Tisdale jury selection: Potential jurors screened for trial Tuesday
Jury selection for the trial of Eriese Tisdale, who is accused of killing a law
enforcement officer, crawled along Tuesday with a small group of potential
jurors returning after a day of answering questions.
Tisdale, 28, is accused of gunning down St. Lucie County Sheriff's Sgt. Gary
Morales on Feb. 28, 2013, during a traffic stop on Naylor Terrace, south of
Edwards Road in Fort Pierce.
He's never denied shooting Morales to authorities, but has claimed his actions
were in self-defense. He's pleaded not guilty to 1st-degree murder and other
offenses and faces the death penalty if convicted.
On Tuesday, Tisdale entered court in a black jacket, khakis, a blue dress shirt
and tie and leg irons. He spent the day watching potential jurors answer a host
of questions about what they knew of Morales' killing and what media exposure
they'd had since the homicide.
Several men and women were dismissed for saying they'd made up their mind about
Tisdale's guilt and couldn't set their opinions aside. Some others were
dismissed after telling prosecutors and defense attorneys they were unable to
sit in judgment of another charged with a crime.
Jury panelists were asked about their ability to serve on a death penalty trial
and what would be expected of them. Some people expressed religious reasons for
being against capital punishment or said they were unwilling to follow the law
and vote to recommend capital punishment.
At the end of the day, 32 people were dismissed from the trial and 10 were told
to return for more questions. 1 man never returned from a lunch break,
something that was not missed by Circuit Judge Dan Vaughn, who asked that the
man be contacted.
A group of 24 will return Wednesday to go through the same process.
Court officials have scheduled another group of 125 potential jurors to undergo
questioning Thursday.
A jury of 12 plus alternates are required for a death penalty trial. The panel
will determine guilt during a phase expected to last a week.
If Tisdale is convicted of 1st-degree murder, the jury will break for three
days then return for a weeklong penalty phase. It's then they'll decide whether
to recommend, by a majority vote, execution or life in prison without the
possibility of parole. A judge makes the final decision, but must give great
weight to the jury's recommendation.
Court resumes Wednesday at 8:45 a.m.
(source: tcpalm.com)
*************
Sentencing phase begins today in Miami Subs founder's murder case
A Broward jury returns to court this morning to determine whether the man
convicted of arranging the 2001 murder of Miami Subs founder Gus Boulis should
be executed for the crime.
Anthony "Big Tony" Moscatiello was convicted July 1 of one count of 1st-degree
murder and conspiracy to commit murder. The same jury that convicted him will
now decide whether to recommend life in prison or the death penalty.
The jury's recommendation does not have to be unanimous, and it is only binding
if the majority votes for life in prison. If a death sentence is recommended,
Broward Circuit Judge Ilona Holmes will decide whether to accept or reject it.
No matter what the outcome, prosecutors and defense lawyers agree that
Moscatiello will likely die in prison. He's 77 now, and the appeals process in
death penalty cases typically lasts decades.
"What's the deterrent value, really?" his lawyer, Ken Malnik, said after
Moscatiello's conviction. "If he's alive, he'll be so infirm, it really makes
no sense."
Prosecutors say the death penalty is appropriate under the circumstances of the
case, regardless of the defendant's age.
According to the Florida Department of Corrections, the oldest inmate to be
executed in Florida was Charlie Grifford, 72, who was put to death on Feb. 21,
1951. Ten months earlier, Grifford shot and killed a Florida state
representative, Charles J. Schuh Jr., in the victim's office in Pinellas
County.
The oldest inmate on Florida's death row currently is Theodore Rogers, 75, who
was convicted of the 2001 murder of his wife, Teresa Henderson, in Orange
County.
Boulis, 51, was gunned down on Feb. 6, 2001, while driving away from his office
in Fort Lauderdale. Months earlier, he had sold his SunCruz Casino boat fleet
to a business partnership in a deal that turned out to be fraudulent. One of
the new owners, Adam Kidan, testified that he hired Moscatiello for mob
protection from Boulis, but prosecutors said Moscatiello decided on his own to
protect his income stream by killing Boulis.
The man thought to be the shooter, John Gurino, was killed in an unrelated
shooting in Boca Raton 2 years later.
Moscatiello's 2 co-defendants have already been sentenced. Anthony "Little
Tony" Ferrari was tried and convicted of murder and conspiracy in 2013. He was
sentenced to life in prison.
James "Pudgy" Fiorillo pleaded guilty to 1 count of conspiracy to commit murder
and was sentenced to 6 years, which he had already served. He testified against
both Ferrari and Moscatiello.
Jurors will hear testimony from prosecutors and the defense today and Thursday
before deliberating over Moscatiello's recommended punishment.
(source: Sun-Sentinel)
********************
Death penalty sought for 'Big Tony' in businessman's slaying
Prosecutors are seeking the death penalty for Anthony "Big Tony" Moscatiello
for orchestrating a 2001 mob hit on a prominent South Florida businessman.
Moscatiello was convicted in July of 1st-degree murder and murder conspiracy in
the fatal shooting of Konstantinos "Gus" Boulis during a dispute over a fleet
of lucrative gambling ships. Trial evidence showed Boulis was shot by a hit man
hired by Moscatiello, a reputed member of New York's Gambino crime family.
The sentencing phase starts Tuesday in Broward County Circuit Court.
A jury will recommend either life in prison or the death penalty for
Moscatiello, but the final decision rests with the judge. Co-defendant Anthony
"Little Tony" Ferrari was also convicted and is serving a life sentence.
Boulis also founded the Miami Subs restaurant chain.
(source: Associated Press)
LOUISIANA:
Caddo District Attorney assembles committee for death penalty consideration
Keandre Broadway had just celebrated his 13th birthday 1 day prior, when he was
hit by a stray bullet. It was a wound that claimed his life.
Acting Caddo District Attorney Dale Cox thought the man suspected of firing the
fatal shot, Antonious Cawthorne, would face the death penalty for his alleged
crime, but a recent policy change means Cawthorne escapes the possibility of
capital punishment.
"They were cases that could have been 1st degree murder and could have been
eligible for the death penalty but we chose not to," Cox said of the office's
recently-assembled death penalty committee.
While the district attorney typically has sole discretion on when to seek the
death penalty, Cox is trying something new. Cox has put together a committee of
the office's most experience murder trial lawyers -- men, woman, black and
white -- who decide together when to seek the death penalty.
The committee's looked at 3 murder cases -- including Cawthorne's -- and each
time decided to forgo the death option.
"We didn't want 1 person having that much power because the death penalty is
the ultimate penalty," Cox said.
State Public Defender Jay Dixon says he doesn't know enough about the Caddo
committee to comment officially, but he says -- in general -- it would seem the
more people involved, the better, and he disagrees with one person holding sole
power.
Cox came under fire recently with write-ups in the New York Times, New Yorker,
and an upcoming 60 Minutes piece, each criticizing or expected to criticize his
frequent and passionate use of the death penalty. He says the committee is not
a direct reaction to the national attention, but he is cognizant of community
support.
"Before we all agree as a state -- as a DA's office -- to seek it, I want to
make sure it's the kind of case that truly reflects the need for it, and the
kind of case that the community would accept." Cox said.
Cox's new committee goes over evidence, arguments and strategies, considering a
suspect's age, education and mental health history. Cox says the meetings take
hours and can be very thorough. They try to take into account the individual
case and outside parties, like the victim's family and public at large.
"You'd be surprised -- because I've been surprised -- how many victim's
families do not want the death penalty," Cox said.
The committee will meet again this Thursday, Sept.17 at 3 PM to examine the
evidence against Grover Cannon in the Aug. 5 shooting death of Shreveport
Police Ofc. Thomas LaValley.
(source: KTBS news)
ILLINOIS:
Professor Argues Death Penalty Effectiveness
Some Illinois criminology experts are asking lawmakers to hold off on trying to
reinstate capital punishment in Illinois.
State Senator Bill Haine (D-Alton) says he'll introduce the idea in a couple of
weeks when the Senate returns - he says the worst of the worst, including cop
killers and mass murderers, should be dealt with harshly.
But Ryan Williams, an associate professor of criminal justice at the University
of Illinois Springfield, says there's no evidence capital punishment is a
deterrent.
"Decades of research has shown there's little to no effect that capital
punishment deters any more than an alternative non-capital punishment like life
in prison without parole," Williams says.
Williams also says cost arguments are suspect at best - while it costs a lot to
incarcerate someone for life, it also costs a lot to conduct a death penalty
trial. Williams says cases in Texas, for example, cost an average of 2.3
million dollars.
(source: WBGZ news)
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