Sept. 10



VERMONT:

Sister Janice Ryan to receive Lifetime Achievement Award for Community Service



Vermont Business Magazine The Vermont Community Foundation is proud to honor Sister Janice Ryan with a Lifetime Achievement Award for Community Service. The award will be presented at the Community Foundation's Annual Meeting (link is external) on September 13, 2017 and is given to a person who has demonstrated a long-term and significant commitment toward creating healthy and vital Vermont communities.

Sister Janice Ryan is a lifelong advocate for special education, social justice, and criminal justice reform. She was born on a dairy farm in Fairfield, Vermont in 1936. In 1950, she moved to Burlington to attend high school at Mount St. Mary's Academy and during her last year there, she joined the novitiate of the Sisters of Mercy. She went on to receive a B.A. in English from Trinity College of Vermont and a Masters of Education in Special Education from Boston University.

Ryan began teaching at Cathedral Elementary and Junior High School in Burlington and then became the Diagnostic and Pre-School Program Director for Handicapped Children at Trinity College of Vermont, a Catholic women's college.
From there, Ryan became a Professor of Education and then the President of
Trinity College (1979-1996).

After leaving Trinity, Ryan went to Washington, D.C. where she worked to promote fairness and justice. She served as Director of Justice Education and Interfaith Relations under The Justice Project; the Education Director for U.S. Senator James Jeffords; and Project Director of the Catholic Campaign to Ban Landmines. She was influential in the passage of the Vermont Special Education Law and pushed to have it used as the prototype for Congress in developing the nation's special education law. Ryan was also involved with a group that focused on the death penalty and "The Innocent Protection Act," which motivated states to collect DNA from all incarcerated individuals.

Ryan has traveled extensively for her work, with visits to Austria, Russia, Croatia, Yugoslavia, and the Republic of Latvia. She was also invited on the Vietnam Veterans of America's trip to Vietnam and Cambodia and took part in a three-week experimental living program in Cochabamba, Brazil.

In 2003, Ryan became the Deputy Commissioner of Corrections for the State of Vermont and is now retired, but still works with prisoners on a regular basis. As Deputy, she oversaw nine facilities in Vermont, twelve field offices for probation and parole, the furlough program, and Vermonters incarcerated in 3 other states.

In 2006, she was 1 of 4 Vermont natives who have celebrated 50 years as a Sister of Mercy. In their honor, the State of Vermont House of Representatives passed H.C.R. 367. Ryan is currently a part of the Fellows Program and the International Women's Forum Leadership Foundation.

(source: vermontbiz.com)








NORTH CAROLINA:

Campbell sentencing phase to begin; faces death penalty



The sentencing phase for a Texas man convicted of killing a North Carolina couple is set to begin Monday morning.

Eric Campbell, 24, of Alvin, Texas, faces the death penalty after being convicted last month of 1st-degree murder in connection with the deaths of Jerome Faulkner, 73, and Dora Faulkner, 62.

Campbell was also found guilty of 1st-degree burglary, 2nd-degree arson, robbery with a dangerous weapon, larceny of a motor vehicle, financial card theft, identity theft and 2 counts of cruelty to animals.

West Virginia State Police arrested Campbell and his father, Edward Campbell, in Greenbrier County.

Edward Campbell later killed himself in prison.

The sentencing phase was put on hold for the last few weeks to allow travel time for witness impacted by Hurricane Harvey. Since Campbell is from Texas, his attorney indicated his family and friends would travel from Texas to North Carolina to testify.

The Faulkners were stabbed to death inside their Granville County, NC home on New Years Eve 2014. The Campbells put their bodies inside a stolen truck, set their house on fire, then drove off.

During the trial, the defense claimed Eric Campbell suffered from Post Traumatic Stress Disorder. They said his father was extremely abusive and lured him in to going on the multi-state crime spree.

Prosecutors told the jury Eric made the deliberate and conscious choice to go on the trip. They said the killings were not the result of 1 person's actions and that it was a 2-person job.

The trial was delayed for about a month after a juror got into a car accident. The judge allowed her a few weeks to recover from the crash. When jurors reconvened, they only took a few hours to convict Campbell of the crime.

The same trial jury will decide if Campbell should be put to death.

Monday's hearing is scheduled to begin at 10 a.m.

(source: wvmetronews.com)








TENNESSEE:

Holly Bobo Jury has been selected; Trial starts Monday



After more than 7 hours, the jury for the Holly Bobo murder trial has been selected.

Dozens of potential jurors faced tough questioning from both the defense and prosecuting attorneys at the Hardin County Courthouse Saturday.

Twenty-nine potential jurors were dismissed before the final 15 were chosen.

1 woman was sent home after telling the court she didn't believe in the death penalty, and another man was dismissed early after having a panic attack in the jury box.

More than 50 witnesses are expected to take the stand during the trial, but Judge C. Creed McGinley said he wants to, "keep things moving."

Defendant Zach Adams was present during jury selection and Bobo's family was seated in the second row of the courtroom.

The jury will be sequestered at a local hotel for the duration of the trial, which is expected to last 2 weeks.

Bobo was kidnapped from her Decatur County Home in 2011, raped and killed.

Her remains weren't discovered until 2014.

Adams is charged with 1st-degree felony murder, premeditated murder, especially aggravated kidnapping and aggravated rape.

He faces the death penalty if convicted.

(source: WREG news)








ILLINOIS:

It's true, Illinois' 1st execution of a non-Native American was in St. Clair County



Q: I thought your recent column on the Macoupin County executions was superb. It reminded me that I thought I once heard that the state's 1st execution was in Belleville. Is that true? Also, you mentioned that the arm and head later was cut off the corpse of the second man executed in Macoupin. Why?

B.M., of O'Fallon

A: Here's something even eerier: Trivia scholars love to trip up their less knowledgeable friends by asking how many witches were burned during the infamous trials in Salem, Mass.

The answer, of course, is none. 19 were hanged, and 1, Giles Corey, had heavy stones piled on him to try to force a plea. After 2 days, he died - a week after his 81st birthday.

In fact, it is often alleged that nobody has ever been burned at the stake for being a witch in the United States. But that's demonstrably not true. At least 1 man was - and it happened right in our backyard in Kaskaskia, Illinois.

Col. John Todd was the 1st civil governor of what was then Illinois County. According to his record book, a black slave named Manuel, "who made a honorable fine at the door of the church," was arrested for practicing voodoo. He was sentenced June 13, 1779, by Todd to be chained to a post and burned alive with his ashes scattered. 2 days later, Sheriff Richard Winston carried out the ghastly execution.

But, yes, it is true that once Illinois became a state in 1818, Belleville is believed to have carried out its 1st execution of a non-Native American 3 years later, the terrible outcome of an otherwise petty neighborly dispute.

According to Alvin Nebelsick's "The History of Belleville," Timothy Bennett owned a horse that often strayed into the neighboring field of Alphonso Stewart's. When one of Stewart's farmhands once peppered the wayward horse with beans, Bennett heard of the incident and was angered.

Some say Bennett and Stewart later engaged in a drunken argument while others say Bennett asked friends Jacob Short and Nathan Fike for advice. Whatever the true preliminaries, Bennett and Stewart challenged each other to a duel.

Feb. 8, 1819, turned into "High Noon" in Belleville. With Fike and Short acting as seconds, the 2 squared off just south of what would become Turners Hall on North 1st Street.

The sad thing was that it was supposed to be a sham duel. Everyone thought they had worked it so the 2 men would face off with guns loaded only with powder. But as Rachael Tannehill would later testify, Bennett, just before making his way to the site of the duel, stepped into an alley and rammed a ball down his rifle.

When all was ready, the 2 combatants were placed 30 yards apart and told to await the signal to fire. Again, Bennett refused to follow the rules. Before the signal could be given, Bennett unloaded his round, killing Stewart.

On March 8, a grand jury indicted Bennett, Short and Fike for murder. Just 3 months later, both Short and Fike were acquitted, but by that time, Bennett had escaped from the St. Clair County Jail, going on the lam for more than 2 years. Finally, in early July 1821, he was recaptured.

Justice was swift. On July 26, another special grand jury re-indicted him. A day later, Bennett went on trial and a day after that a jury convicted him. Judge John Edwards sentenced him to be hanged.

"Neither Bennett nor his friends believed that this awful sentence would ever be executed," an old history of St. Clair County says. "The latter made strenuous efforts to have him pardoned. Failing in this, they tried to have the sentence commuted. But the governor (Shadrach Bond) remained firm against all entreaty."

So, for want of proper fencing for his horse, Bennett was led to the gallows on Sept. 3, 1821.

"Bennett was hanged near West Belleville, near the site of the Henry Raab School," the county history account says. (Nebelsick put it in a large field near 1200 W. Main St.) "The execution was witnessed by a multitude of men, women and children."

It would be the 1st of 250 hangings in the state, including 1 woman, Elizabeth Reed in 1845 at Lawrenceville. In this area, St. Clair County topped the list with 11, followed by Madison (6), Randolph and Washington (3 each) and Bond and Monroe (1 each), according to the list at www.genealogytrails.com. On July 1, 1927, hanging was replaced by 3 electric chairs at Joliet, Chester and Chicago, which were used 97 times until 1990, when Charles Walker became the 1st of 12 people executed by lethal injection. On March 9, 2011, Gov. Pat Quinn signed the law abolishing the death penalty in Illinois.

As to why the executed prisoner's body was later mutilated, no reason was given, so I did not speculate. However, since you asked, I can only hypothesize that it may have been a final act of revenge by the victim's family or simply an easy act of tasteless hooliganism, since the body had been buried apart from others.

(source: bnd.com)




MONTANA:

Great Falls street fighter charged with murder



A Great Falls man who admits to being involved in about 50 street fights and having "knocked out at least 20 people" has been charged with deliberate homicide in the beating death of a 26-year-old man who is described as being "a friend of Douglas."

Darionn Tyler Douglas was arrested early Sept. 5 and charged with felony aggravated assault after Great Falls police responded to a call just after 2 a.m. Tuesday reporting that an unconscious man was at a residence on the 1200 block of 7th Avenue South.

A court affidavit states that when police arrived at the residence the deceased man, identified only as M.L., "appeared to have been severely beaten and was bleeding profusely." The female resident of the residence "was a registered nurse and was administering aid to the victim" the affidavit states.

M.L. was immediately transported to Benefis Health System where he was treated for his injuries. On Thursday, Sept. 7, medical personnel advised the investigating officer that M.L. "was clinically brain dead."

Douglas' charges have now been amended to include deliberate homicide, and in the alternative felony negligent homicide. If convicted of deliberate homicide, Douglas could face the death penalty.

According to the court affidavit, Douglas admitted to police that he and M.L. had been in a fight.

"Douglas admitted he and the victim were drinking alcohol when a verbal argument ensued," the court affidavit states. "Both Douglas and the victim agreed to go outside and engage in a fight."

Douglas later admitted to putting a set of weight lifting gloves on his hands just prior to the fight with M.L.

In a follow-up interview, Douglas allegedly bragged to police investigators that he had "been involved in roughly 50 street fights and of those fights, he had knocked out at least 20 people."

Douglas also has a prior Partner/Family Member Assault conviction.

Douglas told police that M.L. hit him 1st, breaking his nose and tooth. However, Douglas' nose was examined by medical staff the morning of the assault, and it was found to not be broken.

Douglas allegedly then kicked M.L. in the face and knocked him out, and then continued to repeatedly punch, elbow and knee the man in the face after he was unconscious.

"Medical personnel indicated M.L. has sustained massive injuries to his face to include a broken jaw in 2 places, a broken orbital bone/eye socket, and substantial brain trauma causing it to swell significantly," the court affidavit states. "It was determined the injuries sustained by M.L. were caused by Douglas, and they directly led to his death."

The state of Montana has requested a $250,000 bond for Douglas' release pending trial. He remains in custody at the Cascade County Detention Center.

(source: Great Falls Tribune)








CALIFORNIA:

Death Penalty in California is Madness!



To D.A. Dudley:

The News-Press reported today that you will seek the death penalty for Pierre Haobsh for his brutal murders of the Han family in Santa Barbara. In principle, I could not agree with you more that this guy deserves to die, but I do not agree with your decision. If you succeed in getting the death penalty for this killer and I believe that you will, your office will spend an inordinate amount of time and taxpayer money on it and in the end, he will not be executed in your lifetime!

The facts concerning the death penalty in California will show that Haobsh will die of old age in San Quentin instead of being executed. The public needs to be educated and shown how really ineffectual and costly the death penalty is in order for an anti-death penalty initiative to succeed next time.

One of the leaders advocating to end the death penalty is Jeanne Woodford, a former deputy undersecretary and director of the California Department of Corrections and Rehabilitation and the former warden of San Quentin prison.

California Supreme Court Chief Justice Tani Cantil-Sakauye stated in the L.A. Times that "the death penalty in California is dysfunctional" in its failure to bring about executions. Victims' families' appearances in court for appeal hearings literally go on forever, therefore prolonging their pain and suffering and who in most cases never receive closure for their loss.

Murderers who were sentenced to death, in some cases 35 or more years ago, are still sitting on death row in California through appeal after appeal. More death row prisoners have died from natural causes than have been executed in the last 35 years.

Santa Barbara County has 7 inmates on death row and among them is Malcom Robbins. He murdered a child in Goleta in 1980 and has been on death row since 1983; 34 years! Richard Benson: 30 years! George Wharton: 30 years! Tommy Martinez: 19 years! Martin Mendoza: 17 years! Ryan Hoyt: 15 years! Joshua Miracle: 11 years. This does not include the previous years that were taken for their trials and convictions.

Death penalty inmates live a more comfortable life on death row than general population inmates! This entire process is madness!

Since 1976, California has executed 13 people, the last one in 2006. This is about 1 every 3 years.

Each of the 13 executions has cost California's taxpayers $250 million. California has about 745 people on death row and each inmate there costs $90,000 more, per year, to house than other prisoners, a total of over $65 million a year in extra costs for all death row inmates. An inmate on death row for 25 years costs over $3.5 million just to house in San Quentin.

Each initial death penalty trial costs over $1 million more than a life-without-parole trial. The legal system eats up one-third of its total budget, hundreds of millions of dollars through hearing endless death penalty appeals.

The enormous expense associated with the prosecution of death penalty cases starts with the discovery of the homicide. Many people attribute the costs primarily to the delays following a conviction, i.e., appointment of counsel, appeals, etc. Those expenditures are imposed on the state. The counties bear the costs of initial investigation by law enforcement, District Attorney, appointed defense counsel and their investigators, psychologists and psychiatrists, court personnel, jurors (and their employers) -- all of which are multiplied from the norm of "ordinary" criminal prosecutions as a result of a potential verdict of death.

The death penalty should be replaced by a sentence of life without the possibility of parole. Of the over 4,700 men and women sentenced to life without possibility of parole in California, few, if any, will ever be released.

If desired by the people of California, an exception for the death penalty could be made for serial killers, for killers who have committed murders with extreme cruelty and murderers of children. In these most heinous of cases, the appeals process would move much faster than it does now, because the courts would then have relatively few death penalty cases to review, rather than the over 700 death penalty appeals that now clog the entire California judicial system.

Convictions of life without parole are far easier to obtain and there is the important safeguard that no innocent person would get executed. Families of murder victims would get faster justice and their emotions would not be on a rubber band.

California Chief Justice Sakauye and former San Quentin Warden Woodford are both tough, hard-line advocates of the criminal justice system, but they realize the failure of the death penalty.

I urge all my fellow citizens and you to take the time to review the staggering total costs of billions of tax dollars involved in death penalty cases, even though we have over 745 inmates on death row and it has only been imposed 13 times in the last 35 years.

The last ballot initiative to end the death penalty in California failed to pass. When the people in our state become educated and then realize why the death penalty is not a death penalty at all, then the next initiative to end it will pass!

With regards,

Ernest Salomon

(source: Op-Ed; edhat.com)








USA:

Judge OKs request by alleged kidnapper's attorneys



A federal court judge has allowed a request by attorneys for accused kidnapper Brendt Christensen to withdraw from representing him.

In a brief hearing Friday morning, Judge Colin Bruce allowed the request of Thomas Bruno and his sons Anthony and Evan Bruno of Urbana, to no longer represent the 27-year-old Champaign man.

Bruce then appointed the office of the federal public defender to step in.

Christensen was indicted in late July for the June 9 kidnapping of visiting University of Illinois scholar Yingying Zhang, 26, of Urbana, who hails from China.

Because authorities have said she is presumed dead - even though she's not been found - federal prosecutors indicated there could be more serious charges coming that might warrant the death penalty.

Assistant U.S. Attorney Bryan Freres confirmed that for Bruce on Friday, indicating that prosecutors would seek a superceding indictment in October.

Prior to hearing that, Bruce had hesitated in acting on the Brunos' request, noting that nothing had changed since they were last in court in late August.

Speaking on behalf of his firm, Evan Bruno disputed that.

"The American Bar Association model rules say a death penalty defense begins when the government even hints it's going to seek (that). Work gets started when there's even a whiff that it's coming down the pipeline," he said.

Evan Bruno urged the judge not to wait on the lawyer change until a more serious charge is lodged, saying that would cost the public defender's office valuable time.

\"They are ready to go, to put in the massive amount of effort required. We don't have the funds or the resources to do that," he said, referring to Christensen's lack of funds to pay for his defense.

Even though the government may file a charge for which the death penalty is an option - in this case murder in the course of a kidnapping - the case will still have to be vetted through a panel at the Department of Justice in a mini-trial of sorts to see if the death penalty will actually be sought.

Complicating matters is that none of the public defenders in the Central District of Illinois is qualified to mount a death penalty defense.

Federal Public Defender for the Central District Tom Patton, whose office is in Peoria, gave Bruce the name of Robert Tucker, an assistant public defender in Washington D.C. who has handled "mainly terrorism cases that were eligible and 4 cases where the death penalty was sought."

"I haven't spoken to him personally. He's out of the country. But I'm told he's willing to accept this case," Patton said.

Patton told Bruce that Elisabeth Pollock, an assistant public defender in the Urbana office, met with Christensen on Thursday to go over what would happen and to confirm that he was on board with their representation.

Patton said Pollock and George Taseff, another assistant public defender from the Peoria office, would assist Tucker. Both have handled serious felony cases in state and federal courts but do not have the necessary experience in federal death penalty cases - which are quite rare - to be lead counsel.

Appearing in jail garb and looking a bit pale, Christensen confirmed for the judge that he was willing to allow the Brunos to withdraw and would need appointed counsel. He told Bruce that he has about $60,000 in outstanding student loans, $4,000 in car loans and a spouse who earns about $2,500 a month.

The Brunos had filed their motion seeking to withdraw a week ago, citing Christensen's family's inability to pay them any more for the intensive defense that would be required for a capital case.

Bruce put it this way: "If you agree to represent someone for X offense and then later it becomes, X plus Y plus Z, they can ask to withdraw."

Last month, Bruce set a trial date of Feb. 27. He told Patton he wanted to stick to that schedule, even though that may be optimistic given the volume of discovery, which is the subject of a protective order, that the government will have to hand over to the new defense team.

"We need to get this case resolved. That's months and months away," Bruce noted.

Christensen was arrested June 30 and has been held in the Macon County jail since then.

Outside the courthouse after the hearing, Patton made a brief statement saying that it would be the only statement to come from the defense team while the case is active.

"I ask everyone to recall he's presumed innocent and the allegations are only allegations. All you've heard so far is one party's version of the facts," he said.

Patton said he hoped the defense team would be able to head off the death penalty at the Department of Justice.

(source: News-Gazette)

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