April 2
TEXAS:
Man indicted over death of his parents
A Gladewater man could face the death penalty after his indictment Thursday on
a capital murder charge in the death of his parents.
Gladewater police found the bodies of Charles and Raye Lansdale, both 68, on
Jan. 22 during a welfare check at a North Main Street home. Police Chief Robert
Vine said a relative outside the state reported the couple was missing.
Officers encountered Casey Lansdale, 41, who said he lived with his parents. He
also said his parents were not home, but officers said they had reason not to
believe the son and asked consent to search the residence.
Vine said police found Charles Lansdale in a spare room and Raye Lansdale in a
bedroom closet. The son was arrested and remained in the Gregg County Jail on
Friday under $1 million bond.
A motive for the homicides has not been released by authorities.
Reports from last summer indicate tension then between the father and son.
Casey Lansdale was arrested last July on 2 counts of assault causing bodily
injury to a family member. The incident arose from an argument between father
and son over whether Casey Lansdale had stolen his father's pistol, reports
showed.
(source: Tyler Morning Telegraph)
******
Meet an anti-death penalty activist who's fighting to end executions in Texas
Texas has executed 1,291 inmates in the last century. And each of those people
has a file in Pat Hartwell's filing cabinet.
Hartwell, 64, has dedicated her life since retirement to ending the death
penalty in this state, and that starts with keeping attention on the issue.
Mugshots of death row inmates tend to make the news on the day they're
arrested, the day they're sentenced to die, and the day they're executed. And
then for most of the world, these men and women are forgotten.
A small but dedicated group of activists like Hartwell are working hard to make
sure that that doesn't happen.
"You've taken a relatively healthy human being and you've killed him - not in a
robbery, not in a burglary, not in a rape, but in a calculated,
state-sanctioned moment, you've killed a man," she told me. "There should be
something wrong with that."
One tool in her fight is her encyclopedic, printed-out database of executed
Texans. Hartwell, who has short sandy hair and a strong handshake, gave me a
tour on a Saturday morning earlier this month. She's dedicated a room in the
back of her sunny apartment south of downtown to a makeshift library on the
death penalty. On the top of the bookcase are wanted posters of former Gov.
Rick Perry, calling him a "serial killer."
Pat Hartwell's bookcases are filled with files on the men and women Texas has
executed.
Below, separated with paperweights in the shape of Buddah heads, are colorful
binders containing a file on every Texas death row inmate, organized by the
number the state gives them. The files go back to 1924, when the state
legalized the electric chair and took over executions from the counties.
Hartwell flipped back to No. 000001, pulled out a sheet of paper and read an
old newspaper clipping. Mack Matthews, a black man, was scheduled to die on
Jan. 16, 1924, but the warden of his prison resigned instead of carrying out
the execution. "A warden can't be a warden and a killer too - the penitentiary
is a place to reform a man, not to kill him," the warden was quoted as saying.
Matthews was executed the next month, under a new warden, along with 4 other
black men.
For everyone up to death row inmate No. 999601 (Mark Gonzalez, who was
sentenced to death earlier this year), she's kept meticulous records,
researching court documents, mental health issues, and studying the particulars
of the gruesome crimes that put them on the row. She prints out all the
information on each inmate from the state Department of Corrections website,
and fills the margins with notes in her clear, steady handwriting.
Further down on her shelf there's a binder marked innocent - containing the
records of all the inmates who claimed they were innocent - and a much, much
thinner one marked "released." On another bookshelf is a framed photo of
Hartwell hugging former inmate Alfred Dewayne Brown, who was released last
year. "Those are the pinnacle moments," she said.
Fighting the death penalty in Texas is more or less a full-time job. Hartwell
writes letters with about 60 or 70 death row inmates, relaying messages to
family members or just letting them know someone on the outside is thinking of
them. She also contributes to a weekly show on a local radio station where she
talks directly to the death row inmates - they're allowed to have radios but
not TVs - and tells them about any recent death penalty news or court rulings.
But she stressed that she's not doing it alone. She's part of a much larger
movement fighting the death penalty in Texas.
Most weeks, Hartwell drives back and forth to West Livingston, the northern
Houston suburb where male death row inmates are housed, to meet with them. On
execution days, she'll instead head to Huntsville, the site of the state's
execution chamber, and help organize protests outside the prison walls.
Sometimes 1 of her 6 grandkids will come with her, and help her carry the
signs.
When it's an inmate she knows well, Hartwell heads to the local funeral home
afterward, to say goodbye. And then she usually drives back to Houston by
herself. "After an execution, I spend that hour and a half alone," she said. "I
think about the execution and what it's done to the families."
Hartwell first got into activism as a high school student in the ???60s,
growing up in the Austin suburbs. "I came of age when you could walk out your
door any given day and there'd be a demonstration," she said. "The Vietnam War,
the gay rights movement, the Chicano rights movement, MLK, the Black
Panthers... you would have had to have a pillowcase on your head not to get
involved in something."
Meanwhile, she became 1 of the first female telephone pole climbers in Austin,
she said, and later one of the first female plumbers in Houston. When she had 3
daughters, she put aside most of her activism. But once they grew up and left
home, she realized she had some time on her hands, so she got involved with the
anti-death penalty movement. Before long, she found herself clearing out a room
in her apartment and filling it with files and letters and photos of death row.
Some observers are hopeful that changes to the death penalty could be coming.
Supreme Court justices Stephen Breyer and Ruth Bader Ginsburg said in a dissent
last year that they believe it is "highly likely that the death penalty
violates the Eighth Amendment."
Unless the Court declares the death penalty unconstitutional for the entire
country, Hartwell doubts that Texas will ever repeal it. After all, the state
has executed 536 people since 1976, more than the next top 6 states combined.
"We have the attitude of 'Don't Mess with Texas,' and that's more than just a
slogan," she said. "It's an arrogant pride."
For now, she'll keep going to protests, writing letters, raising attention, and
paying witness to the death penalty. And she'll keep her binders updated.
"I don't think any of my children are going to want it," she said of her
self-made library. "When I die, I don't know who to give it to."
(source: fusion.net)
DELAWARE:
No bail for former death row prisoner
A former Delaware death row inmate will still be denied bail as he awaits a new
trial.
A state Superior Court judge ruled this month to withhold bail for Chauncey
Starling, who was convicted of a 2001 barbershop shooting that left a man and a
5-year-old boy dead.
That's despite the state Supreme Court overturning Starling's conviction late
last year over his lawyer's "ineffective" performance.
Starling was originally denied bail in a 2002 hearing and isn't allowed to
contest the ruling barring new circumstances.
Despite the passage of time, Judge Andrea Rocanelli says the case doesn't meet
the legal threshold to warrant a new bail hearing.
Rocanelli says Starling's other argument - that the state Supreme Court is
ruling on the constitutionality of Delaware's death penalty - is too
speculative to stick at this time.
(source: delawarepublic.org)
GEORGIA----impending execution
Stop the state of Georgia from executing Kenny Fults
Kenny Fults is a Georgia death row inmate facing execution on April 12, 2016.
Because Kenny's death sentenced is contaminated by racial bias, his case is an
embarrassment to our justice system. His execution must be stopped.
Kenny is an African-American man who reads only on a 4th grade level and has an
IQ that places him in the bottom 3 % of the population. In 1996, he pled guilty
to the murder of a white woman in a small Georgia town. After his guilty plea,
a jury sentenced Kenny to death.
A few years after the trial, Thomas Buffington, one of the jurors who sentenced
Kenny to death, said this in a sworn affidavit: "I don't know if he ever killed
anybody, but that nigger got just what should have happened. Once he pled
guilty, I knew I would vote for the death penalty because that's what that
nigger deserved."
In a recent editorial, professors Charles Ogletree and David J. Harris asked
readers to "raise your hand if you believe that a juror could make this
statement and be considered fair and impartial." Of course, no one would raise
their hand. However, the courts in Georgia have refused to even consider the
issue and now Kenny Fults is in line to be executed by the state of Georgia
despite the fact that racism infected the sentencing process in Kenny's case.
In addition to the racist juror, Kenny was represented by an overworked,
contract defense lawyer with a checkered racist history. The attorney, Johnny
Mostiler, carried a crushing caseload. It was so bad that one of the leading
experts in the field of attorney caseloads stated that he had "grave concerns
about Mr. Mostiler's ability to adequately defend any of his clients given the
workload he was carrying." Jurors interviewed after Kenny's trial commented on
the minimal effort that Mostiler put into the case and observed him sleeping in
court during the trial. In other cases, Mostiler was accused of using the term
"nigger" and calling his client "a little nigger." Mostiler did not deny
accusations, but added that "nigger" was not a phrase that he would use in
public.
A person's race can never be a factor in judicial decision making. In Kenny's
case, however, it was the only factor that mattered to Juror Buffington.
Kenny's execution should not be allowed to go forward under these
circumstances. In Georgia, only the State Board of Pardons and Paroles can
grant clemency and commute Kenny's sentence to life without any possibility of
parole.
It is time to raise your hand and say that because racial bias taints this
death sentence, Kenny Fults should not be executed. Please sign this petition
asking the Georgia Board of Pardons and Paroles to commute Kenny Fults's death
sentence to life in prison without the possibility of parole.
For more information please visit www.savekennyfults.com
[To sign petition, go to:
https://www.change.org/suggested?alert_id=&petition_id=4745298]
(source: change.org)
FLORIDA:
Letter: Kill Florida's death penalty
By Jo Anne Engelbert
Kill Florida death penalty
Editor: "The death penalty is collapsing under the weight of its own corruption
and cruelty," said Harvard Law Professor Charles Ogletree in a recent article.
Our state leads the nation in its total of wrongful capital convictions. Since
1979, 26 of Florida's death row inmates have been exonerated, proof of the
shocking fallibility of our system. And the chemicals used in Florida for
lethal injection have been called into question by human rights advocates
around the world. It's time to demand a moratorium on executions in Florida and
move toward the abolition of the death penalty.
We pay a price for tolerating capital punishment. Each execution done in our
name reinforces a practice that numbs our conscience. Execution is not only
brutal, it is also brutalizing. When we fail to condemn executions, we
inexorably condone them.
Most industrialized countries eliminated the death penalty long ago as a
barbaric practice that has no place in modern life. The top 5 executing
countries today are China, Iran, Saudi Arabia, Iraq and the United States!
Let our legislators know your thoughts about the death penalty. Let the weight
of your words speed the collapse of the capital punishment in our state and in
our country.
St. Augustine
(source: Letter to the Editor, St. Augustine Record)
*****************
Defense and prosecution continue feuding in Metro PCS murder case
Attorneys are continuing to squabble over the death-penalty case of a man
charged with killing a Metro PCS phone store employee, with the latest topic
being a contention that prosecutors broke the law.
James Xavier Rhodes, 24, is accused of shooting 20-year-old Shelby Farah during
a 2013 robbery at the North Main Street store in Jacksonville.
But the case has generated attention because Shelby's mother, Darlene Farah,
opposes the death penalty, and now Shelby's younger brother, Caleb Farah, has
broken with his mother and said he wants to see Rhodes executed.
Lawyers with the office of Public Defender Matt Shirk are expressing anger at
Assistant State Attorney Bernie de la Rionda over his decision to show the
video of Farah's death to her brother, saying the law prohibited him from doing
so. But de la Rionda asserts he has done nothing wrong.
Florida law only allows a parent to view video of a killing, and the only way
Caleb Farah should be allowed to see the video is if his mother consents,
Assistant Public Defender Debra Billard said in a letter to de la Rionda.
"It is clear that only Darlene Farah had authorization to view the video and no
written authorization was obtained from Mrs. Farah to allow any other member of
the public to see the video," Billard wrote.
She said de le Rionda has committed a 3rd-degree felony punishable by up to 5
years in prison.
"Frankly I am disturbed to think you would have considered violating a clearly
written Florida statute and, as a result, attempted to justify your desire to
have to have Mr. Rhodes killed by citing the opinions of Caleb Farah," Billard
said.
Darlene Farah has accused de la Rionda of turning her son against her,
something de la Rionda and Caleb Farah both deny.
In a letter back to Billard, de la Rionda told Billard her letter was more of a
threat or attempt at extortion than an arguable claim.
"I've been doing this job for 33 years and don't take kindly to your veiled
extortion attempt," de la Rionda said. "It's not working. I didn't do anything
illegal and based on the facts of the case, your client's criminal history and
the law, the State Attorney's Office will continue to seek the death penalty in
this case."
Billard has asked Circuit Judge Tatiana Salvador to allow Rhodes to plead
guilty and be sentenced to life in prison. Salvador has refused to do that,
saying if Rhodes pleads guilty the state may still seek to put him on death
row.
Billard previously asked Salvador to cite de la Rionda for showing the video,
but she said the 19-year-old was an adult who had the right to see it if he
chose.
In his letter to Billard, de la Rionda said the Florida law she cites does not
apply in criminal proceedings. Therefore, he had the right to show the video.
De la Rionda said he also had an obligation to avoid a situation where a
victim's family member sees a photo or video for the 1st time at trial and has
an emotional reaction in front of a jury.
"In such a case, the defense attorney would move for a mistrial and the trial
judge would ask me why I had not shown the video or photo before the trial
beginning," de la Rionda said.
Darlene Farah has made it clear she doesn't want her family to go through the
years of appeals that will occur if Rhodes is sentenced to death. Caleb Farah
agreed with his mother until a few months ago but said he's changed his mind.
Prosecutors have said they respect the mother's opinion but have a
responsibility to seek the death penalty when they believe it's warranted even
when a family member is opposed.
According to police reports, Rhodes pulled a gun on Shelby Farah and shot her
in the head after she gave him several hundred dollars. The killing was
captured on surveillance video.
Rhodes is scheduled to go on trial Aug. 29.
(source: The Florida Times-Union)
*********************
Death row inmate wants early execution
A 2-time convicted murderer is asking for mercy from the courts, but not for a
lesser sentence. Wayne Doty, who is on death row, wants to waive his right to
counsel and be executed without post conviction proceedings.
The Bradford County Courthouse held a hearing to first determine if Wayne Doty
was competent. This morning we heard from 3 expert witnesses testifying Doty is
competent enough to make an informed decision and recognizes the consequences
of his decision. One witness even stated Doty, who has an 8th grade formal
education, was of above average intelligence and his reasonings for wanting to
be executed now we're logical.
After Judge Nilon found Doty competent, the Court proceeded with a
Durocher/Faretta hearing to determine whether Doty can not only discharge his
counsel, but also dismiss pending post conviction proceedings in both state and
federal courts. The judge said it was his obligation as a judge, and human
being, to advise Doty to reconsider. In response, Doty said he would stick with
his decision and feels he deserves he punishment that's been given.
The hearing lasted about 4 hours and Judge Nilon listened as Doty made his case
for continuing without an attorney. Doty admitted during his initial trial, he
didn't have any emotional feelings toward the victims or their families.
However now, Doty wants everybody he hurt to move on and he doesn't think that
can happen while he's still in prison.
"I've been a prosecutor since 1973," says state attorney Bill Cervone, "and
this is the 1st time I've been through a proceeding like this where a defendant
is as articulate and specific in outlining his requests that all proceedings
stop and that the sentence of the law be carried out."
The judge did not make a ruling on the Durocher/Faretta hearing today, but says
he hopes to rule in a reasonable time.
"Once the judge enters his order, whatever that may be, an automatic appeal to
the Florida Supreme Court, which will consider this case and that ruling as a
part of the overriding decisions that they will have to make on Florida's death
penalty," says Cervone.
At this time we do not know when the judge will make his ruling. Even when his
decision is made, we won't know when the Florida Supreme Court can hear Doty's
case.
(source: WCJB news)
**************
Murder defendant Mesac Damas believed to have brain injury, his lawyers say
Lawyers for murder defendant Mesac Damas believe their client suffers from a
traumatic brain injury, which could impact whether he should be sentenced to
death if convicted of slaughtering his family in 2009, according to newly
obtained court records.
The filings in Collier County mark the first time that Damas' lawyers have
publicly stated their belief that Damas has a traumatic brain injury. Damas'
mental health has been a constant source of contention in his case, though his
lawyers hadn't previously discussed in public any possible underlying causes
for any mental illnesses.
Damas, 39, is charged with 6 counts of 1st-degree murder in the deaths of his
wife and 5 children, who were between the ages of 1 and 9. Damas has twice
confessed to the Daily News that he committed the homicides, and prosecutors
are seeking the death penalty. His case has been delayed by competency issues
and challenges to Florida's death penalty laws.
In an interview, one of Damas' lawyers, James Ermacora, refused to detail why
he believes Damas suffers from a traumatic brain injury and what impact it has
on Damas' mental health. He said the claim was made with information from an
expert report, declining to elaborate on specifics.
"I wouldn't have just made the statement without having some support for it,"
Ermacora said. "There was an occurrence prior to the murders that provides some
basis for that, but I'm not going to elaborate any more at this point."
Damas' lawyers also wrote that their client "has a long and documented history
of mental illness, beginning even in his youth in Haiti."
"Furthermore, there is evidence of serious family dysfunction, including, but
not limited to, alcohol abuse, spousal abuse, and serious mental illness on
both genetic sides of (Damas') family," his lawyers wrote. These claims are
backed by "voluminous records" from hospitals, prisons and other institutions,
they said.
The claims, which were included as part of a defense request to appoint a
forensic psychiatrist, likely won't impact Damas' trial.
Rather, if he's convicted, Damas' mental health and any underlying brain trauma
would be cited at sentencing as a "mitigating factor," the legal term for
reasons why a defendant shouldn't be given the death penalty. At sentencing, a
judge and jury must weigh whether any mitigating factors are significant enough
to keep the defendant off death row.
Since his arrest 6 1/2 years ago, Damas has frequently been uncooperative and
disruptive, refusing to follow orders in jail and during court appearances. His
lawyers have said on multiple occasions that he refuses to help with his case,
and he was temporarily found to be incompetent to stand trial in 2014. At that
time, doctors determined Damas had "major mental illness," according to a
judge.
But on other occasions, Damas has been deemed competent and able to follow
directions. In October 2014, a judge wrote that doctors found Damas "can be
aggressive, manipulative, and deceitful, and would engage in cooperative
behavior when necessary to get something he wanted."
Ermacora said he has "good support" for Damas' history of mental illness, and
that he will be traveling to Haiti this summer to gather more evidence.
(source: Naples News)
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