May 14




FLORIDA:

Florida Supreme Court should change death sentences to life in prison


The arguments before the Florida Supreme Court this month exposed the state as an outlier in its use of capital punishment, despite evolving social norms that have moved other states away from this outdated form of punishment. The court, seeking to respond to a recent U.S. Supreme Court opinion that struck down the state's death-sentencing process as unconstitutional, should ensure the death penalty is at least applied fairly. It should commute the sentences of all 390 death row inmates to life in prison, and the state needs to get the message that capital punishment is inherently flawed.

The U.S. Supreme Court, in an 8-1 opinion, ruled in January that Florida's death-sentencing statute was unconstitutional because it vested final authority with judges rather than juries. In response to that ruling, the state Supreme Court heard arguments over whether inmate Timothy Lee Hurst, who was sentenced to die for the 1998 murder of a co-worker in Pensacola, should have his death sentence commuted to life in prison. Hanging in the balance are the lives of every death row inmate whose death sentences came before Florida lawmakers changed the law this year in response to the U.S. Supreme Court's ruling.

The legislative fix was the bare minimum, as lawmakers sought protection to retain the death penalty rather than impose the real checks and balances needed to reduce the arbitrary nature of capital punishment. The new law requires at least 10 of 12 jurors in a capital case to agree on a death sentence, up from a simple majority. In addition, jurors must be unanimous in finding aggravating factors to warrant a death sentence. While these changes give more authority to the jury, they still leave open a window for unfair treatment. And they don't address the cost of death penalty cases, the racial disparities in prosecutions or the errors in witness testimony and forensic science that have driven other states away from imposing the ultimate punishment.

The issue for the court is more narrow: Is it fair to uphold a death sentence when the process used for assigning death was so flawed as to be unconstitutional? Attorney General Pam Bondi wants the original death sentences carried out. She argues the sentencing method was struck down - not the death penalty itself. And she argues that the U.S. Supreme Court's Hurst decision should not be applied retroactively, because the Legislature changed the law in response the court's decision.

But the sentencing process is not some arcane part of the law. It is the foundation of the death penalty statute. And as Hurst's attorney, David Davis, argued to the court: "You cannot separate the punishment from the procedure." Without a sentencing process, he noted, there is no death penalty. Three former justices of the Florida Supreme Court, all appointed by a Democratic governor, filed a brief in the Hurst case urging the court to commute the 390 death cases to life without parole. And last week, a Miami-Dade circuit judge ruled the state's death penalty was still unconstitutional because the recently enacted changes fall short of requiring unanimity among the jurors, adding to the uncertainty of the death penalty in Florida.

The state's high court should recognize the Legislature's fix fails to fully correct the flaws of the past. Carrying out a punishment that was so flawed that the sentencing procedure was abandoned would be fundamentally unfair. The court should reduce all death sentences to life in prison and the state should rethink the usefulness of the death penalty.

(source: Editorial, Tampa Bay Times)






LOUISIANA:

Louisiana House rejects additional money for public defenders


The Louisiana House of Representatives rejected a bid to give public defenders additional money in the state's next budget cycle. The measure failed on a 30-54 vote on Thursday (May 13).

Public defenders offices across the states are struggling with a lack of money. Fourteen public defender offices in Louisiana are in some type of restrictive status because they don't have enough funding to provide all their services.

This has caused serious concerns about whether civil liberties are being violated across the state, as people are being held in jail after being charged without being provided any legal representation. Lawsuits have been brought against public defenders for not providing adequate services.

Currently, the state public defenders board is slated to receive about $30 million in the budget cycle that begins July 1. Gov. John Bel Edwards advocated for keeping the public defenders' funding the same as last year because of their ongoing financial troubles. Most other state agencies are taking a reduction, while Louisiana faces a $600 million budget shortfall.

But Rep. Cedric Glover, D-Shreveport, offered an alternative. On the House floor, he proposed taking $6.3 million from the state Department of Corrections and giving that money to the public defenders. He said he thought the public defender funding situation had reached a crisis point.

Glover's amendment failed, in part, because he couldn't explain what type of cuts the Department of Corrections -- which oversees prisons -- might experience if the $6.3 million was moved away that agency. The corrections department is already expected to take a cut next year, and there were concerns about how the prisons would deal with even more money being taken away.

Some state lawmakers also think the public defender board spends too much money on death penalty cases, at the expense of the local district offices. About 28 % of the state public defender board's budget this year -- $9.5 million -- was devoted to providing death penalty defense, according to Jay Dixon, the state's public defender.

The state public defender board is not supposed to be the primary source of funding for the local offices. The bulk of public defender money is supposed to come from court fees assessed on defendants when they plead guilty or lose a case. In reality, most of these fees come from people admitting to traffic violations.

One of the major reasons public defenders are having funding problems is that far fewer traffic tickets are being written in Louisiana than just a few years ago. It's not entirely clear why at this point. But local public defenders are having to rely more on the state board for financial support -- and the state board hasn't been able to keep up.

In New Orleans, the public defender is refusing to take certain types of felony cases, arguing its office doesn't have the staff and resources to handle them. That led a New Orleans judge to release seven defendants last month because not enough money was available to mount an adequate defense for them.

The situation is considered most dire in Acadiana, where 5,200 people are on a wait list for a lawyer from the local public defender's office. The 15th Judicial District in the Lafayette area has lost more than half of its staff and contract lawyers since February because of a lack of money.

(source: New Orleans Times-Picayune)

*******************

Defense asks for DNA, fingerprint analyses in triple murder case


Prosecutors have agreed to allow attorneys for a man charged in the Nov. 4, 2012, stabbings of a Lockport woman and her daughters to have experts conduct DNA and fingerprint analyses of certain pieces of evidence.

David Brown, 38, of Houma, is set for trial Sept. 12 on 1st-degree murder charges in the deaths of 29-year-old Jacquelin Nieves and her daughters, 7-year-old Gabriela and 1-year-old Izabela. He is also accused of raping Jacquelin and Gabriela Nieves and setting the family's apartment on fire.

Prosecutors are seeking the death penalty. State District Judge John LeBlanc is presiding over the case in Thibodaux.

Kerry Cuccia and his Capital Defense Project of Southeast Louisiana team are representing Brown. Cuccia filed a motion asking the Jefferson Parish Sheriff's Office Crime Laboratory, Lafourche Parish Sheriff's Office and Lafourche Parish Coroner's Office to release certain pieces of evidence for DNA analysis by the defense's expert.

According to a written request, the Lafourche Parish Sheriff's and Coroner's offices collected the following evidence during their investigation into the crime:

-- Swabs of blood from the interior of the front door, floor next to the stairwell and near the entertainment center, and a wall at the top of the stairs.

-- Fingernail swabs from both of Jacquelin Nieves's hands and fingernail swabs and scrapings from both of Brown's hands.

-- Swab of a gas can handle.

-- Swab from inside of the shed.

George Schiro of Scales Biological Laboratory in Brandon, Miss., will conduct the DNA analysis, according to the request. He will use "only nondestructive testing methods or testing methods that will not prevent such additional testing as the State may desire to perform."

In another motion, Cuccia asked the Lafourche Parish Sheriff's Office to submit evidence for fingerprint analysis. He says during the investigation, the Sheriff's Office collected a print of a palm and four fingers from the interior of the front door to the apartment.

Anna Duggar of the chemistry department at Loyola University New Orleans will conduct the fingerprint analysis and follow the same protocol as Schiro during testing, according to the request.

"None of the items in that motion were tested by the state, and we would like to test them," Cuccia said in a phone interview.

The evidence will be returned to the agencies it came from when the testing is complete, the request says. The agencies have 5 business days to ship the items.

Cuccia also wants a member of the Capital Defense Project to be present for shipping.

Lafourche Parish District Attorney Cam Morvant II said his office has agreed to Cuccia's requests, and the agencies involved are working on getting the evidence to Cuccia.

"They listed what they wanted, and we told the judge we're good with it," Morvant said. "We're going to arrange to have evidence taken out, and they can test it. We have no objection."

(source: houmatoday.com)






TENNESSEE:

Mentally ill should be spared from death penalty


The Tennessean recently reported on the resentencing of death row inmate Jerry Ray Davidson to life in prison without parole (Dickson death row inmate's sentence now life in prison, April 1). Davidson brutally murdered Virginia Jackson in 1995. At trial, his attorneys did not present mitigating evidence of his lifelong history of severe mental illness, which Tennessee Supreme Court Justice William Koch Jr. described as "voluminous and compelling" and included 2 years of hospitalization at Central State Hospital. Now, after 2 decades of litigation, Davidson will die in prison.

Tennessee has pursued the death penalty for others like Davidson. Occasionally, these individuals are executed. Other times, the cases are litigated for decades, ending in a sentence less than death, but not before putting victims' families through a process that delays legal finality and costs taxpayers millions.

Another example: Richard Taylor, who was convicted in 1981 for joyriding and robbery in Tennessee. While incarcerated, Taylor killed correctional officer Ronald Moore after officials stopped giving Taylor his antipsychotic medication. He was sentenced to death.

In 2003, he was granted a new trial but allowed to represent himself, calling no witnesses and introducing no evidence. The jury sentenced Taylor to death again. His conviction and death sentence were reversed in 2008, with Taylor receiving a life sentence - 27 years after his 1st capital trial.

Though most individuals with severe mental illness are not violent - more likely to become crime victims than perpetrators - a lack of access to treatment can, in some instances, lead to violence. And in Tennessee today, there is simply not enough access to treatment.

The result is that law enforcement has become increasingly responsible for these individuals. In a 2014 op-ed in The Tennessean, Davidson County Mental Health Court Judge Daniel Eisenstein wrote:

In 2004, the Mental Health Court served approximately 50 people at any given time ... In January 2014, approximately 180 people were being supervised by the court, in addition to a separate docket of military veterans with mental health and substance abuse problems serving approximately 30 men and women. Why has this happened? Mainly, money and priorities ... Mental health treatment has in many cases been shifted from state-run mental health facilities and community programs to courts, jails and prisons.

Still, when an individual who has a severe mental illness commits a heinous crime, there must be a consequence. But should that consequence be the death penalty? A coalition of mental health advocates and others called Tennessee Alliance for the Severe Mental Illness Exclusion (TASMIE) believes that individuals with severe mental illness who commit these crimes should be held accountable, but with sentences like life or life without parole.

And there is precedent. In the U.S., we don't execute minors or those with intellectual disabilities. Excluding individuals with severe mental illness from the death penalty on a case-by-case basis (also under consideration in North Carolina and Ohio) is just smart policy. Exclusion helps spare victims' families decades of litigation, reduces costs to taxpayers and allows resources to be redirected to mental health care, victims' compensation and support for law enforcement, moving Tennessee toward a criminal justice system that works better for all of us.

(source: Opinion----Hannah Cox is the coordinator for Tennessee Alliance for the Severe Mental Illness Exclusion (TASMIE). She is a former policy advocate for the National Alliance on Mental Illness (NAMI) and a longtime champion for those with mental illness; The Tennessean)






MISSOURI----foreign national to face death penalty

Trial set in killing of New Florence man


A Mexican national suspected of killing 5 men in a 2-state crime rampage will stand trial in Missouri, a judge ruled Thursday.

Pablo Antonio Serrano-Vitorino, 40, is accused of killing a Kansas City, Kan., neighbor and 3 other men at the neighbor's home on March 7, then going about 170 miles into Missouri and killing Randy Nordman in New Florence, about 80 miles west of St. Louis, the next day.

4 law enforcement officials, a medical examiner and a coroner testified at a preliminary hearing in Montgomery County, where Serrano-Vitorino is charged with 1st-degree murder, burglary and armed criminal action in Nordman's death.

Associate Circuit Judge Kelly Broniec ruled after the hearing that there was enough evidence to move forward with a trial. Arraignment was scheduled for June 1. Missouri prosecutors are seeking the death penalty.

Serrano-Vitorino mostly stared straight ahead during 2 hours of testimony. He used headphones to listen through a Spanish interpreter. Serrano-Vitorino also is charged with 4 counts of 1st-degree murder in Kansas. It isn't clear whether Kansas prosecutors will also seek the death penalty.

Authorities have not discussed a motive, though Gorman has said the Kansas killings did not appear to be drug-related.

A probable cause statement alleges that Serrano-Vitorino confronted Nordman, 49, in Nordman's garage and the 2 struggled over Serrano-Vitorino's rifle. As Nordman's wife ran for safety inside the house and called 911, she heard a gunshot and saw a man running away.

Missouri State Highway Patrol Sgt. Brooks McGinnis testified that he spotted Serrano-Vitorino hiding in the grass near Interstate 70 late on March 8 or early March 9, with an assault rifle at his side. He said Serrano-Vitorino was arrested without incident.

(source: Associated Press)

********************

Former Missouri death row inmate granted temporary prison leave


Reginald Clemons was convicted of the murders of Robin and Julie Kerry. The conviction was overturned and Clemons is awaiting a new trial. He's also serving time for a charge of assaulting a state prison employee.

A former employee of the Missouri Department of Corrections is outraged over a recent privilege granted to Clemons. He was allowed to visit a St. Louis area funeral home to say his final goodbyes to a family member who passed away. There were restrictions on the visit.

The former employee asked us not to reveal his identity, but told Fox 2 News the funeral home visit took place Friday. Prosecutors confirm the visit took place. A judge's order reads, in part, "Defendant is not to have contact with anyone except law enforcement and funeral home personnel required for the visit."

The former corrections employee believes the transfer put the public and corrections officers in potential danger. A source connected to the Missouri Department of Corrections said Clemons made the visit without incident.

Prosecutors did not oppose the request from Clemons.

A statement from the St. Louis Circuit Attorney's Office reads, "We did not oppose the defense's request for Mr. Clemons, given the very narrow scope of the transport order. We continue with our efforts to seek justice for Robin and Julie Kerry." Clemons was on death row and could face the death penalty in his retrial. Fox 2 News contacted the Missouri Department of Correction to ask how often death row inmates are given the opportunity similar to the one given Clemons. A spokesperson is checking into our request.

(source: fox2now.com)






CALIFORNIA:

Father shares his unique outlook on death penalty


The death penalty is like many a hot-button issue: Your mind changes when you know someone. When your neighbor gets married and comes out as gay, for example, your mindset on same-sex marriage is altered. When you are full of strong opinions about the childrearing techniques of others, and then you have your 1st child, you suddenly understand how much you don't know. As you learn and grow, however, you gradually acquire the authority to speak on issues that affect you personally.

Or you may be thrust into a wrenching, heartbreaking expertise. That was the case for Bud Welch, who has been a tireless opponent of the death penalty for 2 decades. Mr. Welch can speak to the issue of the death penalty with intimate, painful knowledge, because his daughter, Julie, died at the hands of a domestic terrorist in the Oklahoma City bombing on April 19, 1995. Julie was 23, fresh out of college, a Spanish-language interpreter for the Social Security Administration in the Murrah Federal Building. Timothy McVeigh was subsequently convicted of killing Julie and 167 other people and injuring hundreds more. He was sentenced to death.

As a Catholic, Mr. Welch was against the death penalty before Julie was killed, as was Julie herself. Like any parent, however, he felt murderous toward McVeigh in his grief. Understandably, he wanted to kill his child???s murderer with his own bare hands.

In the 21 years since losing Julie, Bud Welch has traveled the globe and told the story of his journey from a grieving father to an international spokesman against the death penalty. In advance of his upcoming talk at St. Philip's Church in Bakersfield, which takes place this Tuesday at 7 p.m., Mr. Welch graciously agreed to speak with me by telephone.

"When your parents die, you go to the hilltop and you bury them," said Mr. Welch. "When your children die, you bury them in your heart." He paused. "It's forever. It never goes away."

Death penalty talk

Who: Bud Welch, father of Julie Welch, who was killed in the 1995 Oklahoma City bombing

When: 7 p.m. Tuesday

Where: St. Philip the Apostle Church, 7100 Stockdale Highway

He spoke lovingly of Julie's accomplishments as a linguist who could speak five languages fluently. She'd been an exchange student in high school and again in college, graduating from Marquette University with a triple degree in Spanish, Italian and French. She'd been bright and faithful, a beloved only daughter. And she'd been passionately opposed to the death penalty, an activist against its use.

Accordingly, Mr. Welch has honored his daughter's memory by striving to end the death penalty in the United States and abroad.

"It's helped me tremendously in healing," he said, regarding his life's mission.

He famously visited the father of the executed Timothy McVeigh, a fellow Catholic who also lost his child. Mr. Welch's powerful story has been instrumental in bringing about an end to the death penalty in such diverse places as Bermuda and Mongolia. He noted that since the U.S. Supreme Court reinstated the death penalty in 1976, 7 of the 38 states that returned to using it have since abolished it. Now an initiative to outlaw the death penalty has qualified for the November ballot in California, and Mr. Welch is coming to town to share his story with us.

Asked how those opposed to the death penalty might change the hearts and minds of family, friends, and neighbors who support it, Mr. Welch answered, "Well, we all know what the 3 most important things in real estate are ... 'Location, location, location.' The 3 most important things in getting the death penalty abolished are 'Education education, education'!"

Hence some information: Many studies show that the death penalty is not an effective deterrent to crime; nor does it address the root causes of crime. A death sentence is up to 16 times more expensive than life without parole, chewing up public funds that could be more effectively used for victim services, law enforcement resources, and offender treatment programs. Those sentenced to death are disproportionately poor, and people of color.

Tragically, the killing of a prisoner is not reversible in the case of exoneration. Most importantly, the death penalty, in taking a life legally, violates the innate dignity of all life, and commits a homicide in the name of all of us.

For Bud Welch, these bloodless statistics are excruciatingly personal. Bud Welch's talk at St. Philip the Apostle Church, 7100 Stockdale Highway, is free and open to the public. His visit is brought to us by the Bakersfield chapter of California People of Faith Working Against the Death Penalty, with a generous sponsorship from the Kegley Institute of Ethics, and in partnership with Faith in Action Kern County and the Catholic Diocese of Fresno.

Come and listen with open ears, an open mind, and an open heart. Then when you discuss this particular hot-button issue, you'll know someone.

(source: Column, Valerie Schultz; The Californian)

**************

Is it time to scrap California's death penalty?

The Democrats who control the California state government are in an ambitious mood of late.

Lt. Gov. Gavin Newsom and state Senate president Kevin de Leon spar over who will lead efforts to impose far stronger gun control laws. Newsom thinks the Golden State should allow the legalization of marijuana. Gov. Jerry Brown pursues fundamental reforms in how California punishes large categories of criminals. And Assemblywoman Lorena Gonzalez, D-San Diego, has started a national debate about guaranteeing that private sector workers get paid sick days, as California now requires.

But the time may have come for another important debate: Should California consider a ballot measure in 2018 that would overturn past measures and scrap the death penalty?

We hope to hear from state leaders, families of crime victims, law enforcement officials and the public. What do you think?

A good starting point for this debate is U.S. Supreme Court Justice Stephen Breyer???s repeated denunciations of California's version of the death penalty. Breyer and many other critics have noted that in the 40 years since the U.S. Supreme Court ruled that the death penalty was constitutional, California has executed only 13 people, and none since 2006. But the state has 748 people on death row, with many having been sentenced decades ago. Long legal challenges, difficulties obtaining drugs for lethal injections and more have turned California's death-penalty process into a complete morass.

Just this month, Breyer wrote that in his view this makes the death penalty erratic and unreliable - limbo justice so capricious as to be unconstitutional. He said this also destroys one of the most-cited rationales offered for the penalty: that it deters criminals by reminding them that they will pay the ultimate price for the most awful crimes.

So we have a California death penalty that essentially never is carried out - that arguably has no deterrent value - and which has as a main effect the emptying of the state treasury. The California Commission on the Fair Administration of Justice has estimated that having a death row for condemned prisoners costs California more than 10 times as much as having these prisoners serving life imprisonment. A 2011 study put the total cost to the state since 1976 at $4 billion - more than $300 million per person executed.

In many ways it would be appropriate for the governor, a longtime opponent of capital punishment, to lead this debate. In 1986, voters removed 3 justices whom Brown had appointed to the California Supreme Court - Rose Bird, Cruz Reynoso and Joseph Grodin - for overturning dozens of seemingly legitimate death penalty sentences. So Brown knows the power of the death penalty as a political issue. But since 1986, California's process has become more of a fiasco, not less of one.

Brown is going to get great credit as the governor who stabilized California after years of often ineffective leadership. If he is looking for a beefier policy legacy to go with his management legacy, leading the charge for a 2018 ballot initiative that scraps the death penalty might be the way to go.

Yet Californians have repeatedly shown strong support for the death penalty. Does that persist even now? We intend to find out.

(source: San Diego Union-Tribune Editorial Board)






USA:

US states are now going to have to go underground to get the drugs for lethal injection


Pfizer just became the last pharmaceutical company to block the use of its drugs in lethal injections.

This means that there are no more FDA-approved manufacturers that will supply the drugs used in lethal injections for the death penalty, The New York Times reports.

"Executing states must now go underground if they want to get hold of medicines for use in lethal injection," Maya Foa, director of the death-penalty team at the human-rights group Reprieve, told The Times.

In the last few years, drug companies have started blocking their drugs from being used as part of the death penalty. But these drugs also have other medical uses, which can make it tricky to keep them from making it into state prisons that still carry out the death penalty and to keep them from being used for that purpose.

Pfizer says that it opposes using the drugs for the death penalty.

"Pfizer makes its products to enhance and save the lives of the patients we serve, ... [and] strongly objects to the use of its products as lethal injections for capital punishment," the company said in a statement to The Times.

Still, many drug companies have succeeded in limiting the use of their drugs, which is why many states have started turning to compounding pharmacies, which can make the drug combinations themselves.

Compounding pharmacies are typically used so patients can get alternative versions of existing medications, and they have less oversight than branded and generic pharmaceutical companies that need to get their products approved by the US Food and Drug Administration.

The move could make it tougher for states to acquire the drugs for the purpose of lethal injections.

(source: Business Insider)

**************

Pfizer Takes A Stand Against Death Penalty By Blocking Its Drugs For Use In Lethal Injection Cocktails


Pfizer drug company has taken a stand by blocking the use of its drugs for use in lethal injections. According to NBC News, Pfizer announced on Friday in a statement that it was taking steps to ensure that its products don't wind up in the deadly cocktails states use to execute prisoners.

In its statement, Pfizer added that it is "enforcing a distribution restriction for specific products that have been part of, or considered by some states for their lethal injection protocols."

Those 7 products mentioned include pancuronium bromide, potassium chloride, idazolam, hydromorphone, rocuronium bromide, vecuronium bromide - and the powerful anesthetic propofol, which NBC News notes was the drug that resulted in the death of Michael Jackson.

Pfizer took the additional step to ensure that its drugs do not wind up state's lethal cocktails by insisting that wholesalers and distributors "not resell these products to correctional institutions for use in lethal injections."

In addition, local governments "must certify that products they purchase or otherwise acquire are used only for medically prescribed patient care and not for any penal purposes."

Pfizer joins more than 20 U.S. and European drugmakers that have taken similar actions in recent weeks and months.

According to The New York Times, the drug companies took action against the death penalty, citing either moral or business reasons.

Maya Foa, who tracks drug companies for Reprieve, a London-based human rights advocacy group, said the move by drug companies is making it more difficult for states to acquire the drugs necessary to administer during an execution.

"With Pfizer's announcement, all F.D.A.-approved manufacturers of any potential execution drug have now blocked their sale for this purpose. Executing states must now go underground if they want to get hold of medicines for use in lethal injection."

With Pfizer's announcement, the last remaining open market source of drugs used by states for executions is now closed, resulting in execution delays in several states.

Kent Scheidegger, legal director of the pro-capital punishment Criminal Justice Legal Foundation, said states still have options in finding the drugs used in executions.

He noted that states will still be able to buy chemicals by special order for executions from compounding pharmacies.

"Using compounding pharmacies is not going underground, they're legitimate businesses."

2 compounding pharmacies, The American Pharmacists Association and the International Academy of Compounding Pharmacists, have already told their members to stop making the chemicals used in lethal cocktails.

The New York Times reports that some states have tried to import drugs not approved by the Food and Drug Administration but were seized by federal agents.

In 2015, Texas and Arizona ordered shipments of sodium thiopental from India, but those shipments were seized by federal authorities.

According to the Death Penalty Information Center, the number of executions has declined to just 28 in 2015, compared with 98 in 1999. Much of the decline can be attributed to companies like Pfizer that have taken a stand against using their drugs for lethal injections.

(source: inquisitr.com)

_______________________________________________
A service courtesy of Washburn University School of Law www.washburnlaw.edu

DeathPenalty mailing list
[email protected]
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty

Reply via email to