January 17




NORTH CAROLINA:

Closing arguments begin in trial for man facing death penalty



Closing arguments began Tuesday afternoon in the trial of a man facing the death penalty in connection with a 2014 double homicide in Fuquay-Varina.

Donovan Richardson was 1 of 3 men charged in connection with the shooting and killing Arthur Lee Brown, 78, and David Eugene McKoy, 66, on July 19, 2014. Authorities said robbery appeared to be a motive in the shooting.

On Tuesday morning, the state rested its case after putting on evidence that a man was asked to call 1 of the witnesses in the trial last week and to tell her not to take the stand. He was permitted to testify without his face on camera per the judge's order.

Damieon Levon Jacobs, 21, of 107 W. Maple Ave. in Holly Springs, told the jury that a man called him and asked him to contact a woman named Jamila Gilliam and ask her to not to testify against Richardson. Jacobs testified the following day he received a call from Richardson in jail making sure he had made the call.

Jacobs is charged with intimidating a witness and is being held without bond. Gilliam did testify and admitted to receiving the call, but said she was not threatened by it in any way.

After this testimony, the jurors got a chance to look at the state's physical evidence displayed in the courtroom.

The last person to face the death penalty in Wake County was Nathan Holden, who was convicted of the 2014 murder of his ex-wife's parents and sentenced to life in prison without parole in March 2017.

A Wake County jury has not sentenced anyone to death since 2007, and a decision to do so requires a unanimous decision by all 12 jurors.

(soruce: WRAL news)








SOUTH CAROLINA:

SC Bill Would Shield Execution-Drug Companies From Public----South Carolina is proposing protecting the identities of companies that provide the state with execution drugs.



The identities of companies that sell execution drugs to South Carolina would be protected under a bill proposed by a state lawmaker on Tuesday.

Spartanburg Rep. Eddie Tallon told The Associated Press that the bill he's filing will make drug suppliers part of the execution team, so that just like employees in the death chamber who carry out the sentence, the companies' identities will be shielded by state law.

Public pressure has made pharmaceutical companies reluctant to sell drugs knowing they'll be used to end lives, not save them. Nearly a dozen states have passed laws providing secrecy for suppliers in response.

"If South Carolina is going to have the death penalty, then we need to have a way to carry it out," Tallon told the AP.

Lawmakers have been looking for ways to carry out executions since the state's supply of lethal injection drugs expired in 2013. The state has not conducted any executions since 2011, in part because the drugs have not been available.

Another possibility is empowering the state to electrocute inmates when the drugs aren't available. Currently, inmates can only be electrocuted if they request that method. South Carolina last used electrocution in 2008, to put James Earl Reed to death for the 1996 killing of his ex-girlfriend's parents.

Corrections Director Bryan Stirling has warned repeatedly in legislative testimony that the state can't obtain the drugs it needs without such secrecy.

Gov. Henry McMaster made the same point last year after the state Supreme Court scheduled a Dec. 1 execution for 52-year-old Bobby Wayne Stone, who is on death row for killing a Sumter County sheriff's deputy in 1996. McMaster said the state couldn't carry it out due to a lack of lethal injection drugs, and called on lawmakers to shield their identities so that executions could resume.

"It's their decision on whether or not we have the death penalty," Stirling told the AP. "It's just my job to make sure we have ways to carry it out."

(source: Associated Press)








FLORIDA:

Lawmaker wants State Attorney Aramis Ayala stripped of Osceola County murder-for-hire case



Osceola County Sheriff Russ Gibson holds a news conference in reference to the alleged kidnapping and murder of a Kissimmee woman

State Rep. Bob Cortes, R- Altamonte Springs, wants Orange-Osceola State Attorney Aramis Ayala removed from a murder-for-hire case that left Janice Zengotita Torres dead and her body dumped in Ormond Beach.

In a letter to Gov. Rick Scott, Cortes requested that the case be reassigned because he said he does not trust Ayala's office will seek the death penalty, after a legal battle over Ayala's stance on the death penalty. Ayala has since created a review board to decide in which cases death penalty will be sought.

"She has proven that she has a lack of objectivity in the search for justice in cases of death penalty," Cortes wrote.

Ayala's office issued a statement Tuesday in response to the letter.

"The author of the letter may not be aware this issue has been resolved," her statement said, referring to the review panel. "State Attorney Ayala will continue to seek justice, fight for victims and follow the law."

Zengotita Torres, a native of Ponce, Puerto Rico, lived in Osceola County with her husband and son.

"God knows how much I love you and will love you. Fly high my love. Someday we're going to see (sic)," her husband posted on his Facebook account.

Osceola County Sheriff Russ Gibson said Ishnar Marie Lopez, upset that a "man she loved" was in a relationship with another woman, hired Alexis Ramos and his girlfriend, Glorianmarie Quinones Montes, to kill the woman.

Ramos and Montes accepted the job but targeted the wrong woman, Gibson said. They realized their mistake after kidnapping Zengotita Torres but killed her anyway, the sheriff said.

The suspects - as well as Zengotita Torres and her family - recently moved to Central Florida from Puerto Rico.

In a telephone interview, Cortes, whose parents are from Puerto Rico, said he wants the message to be clear: "Those who come in search of the American dream, who come to work and fight to get their family forward, they are more than welcome. Now, those who come with the bad tricks, who know that in Florida the laws are stronger than in Puerto Rico, here there is the death penalty and it will be implemented."

Cortes' district includes parts of Orange and Seminole counties, but does not extend to Osceola County.

Ayala, who took office in January 2017, announced in March that she would not seek the death penalty in any case. The governor removed 29 first-degree murder cases assigned to Ayala's office and handed them over to Ocala-based State Attorney Brad King.

In August, the Florida Supreme Court sided with Scott in a 5-2 decision. Ayala responded by establishing a panel of prosecutors to review potential death-penalty cases.

Cortes said that's not enough.

"I want this case to be a death sentence," he said. "This is a shame that such a crime happens in our jurisdiction, and there should be no doubt that whoever commits a vile act of this magnitude should be prosecuted with all the force of the law."

(source: Orlando Sentinel)






***********

2 death penalty trials begin in Palm Beach County



Trials in 2 separate cases where Palm Beach County prosecutors are seeking the death penalty are likely to begin this week, with 2 sets of prospective jurors now in jury selection.

Jury selection began Thursday in the case of John Eugene Chapman, the 28-year-old Miami man who is accused of stabbing his girlfriend to death before he dumped her body in a Delray Beach ditch.

Chapman, who fathered a child with Bristol, was arrested on unrelated charges less than 2 weeks after Vanessa Carmen Williams Bristol's body was found in a shallow ditch at 14930 Smith Sundy Road in unincorporated Delray Beach. The day after that arrest, he told investigators he punched Bristol several times in the head outside a suburban Boca Raton housing development, then "snapped" and "went into robotic mode," stabbing her repeatedly when he saw her reach for a knife.

Assistant State Attorney Reid Scott and Assistant Public Defender Scott Pribble continued jury selection Tuesday after narrowing down 2 initial pools of prospective jurors last week. Circuit Judge Jeffrey Colbath is presiding over the trial, which is expected to begin later this week.

Another pool of prospective jurors arrived at Circuit Judge John Kastrenakes' courtroom Tuesday, where jury selection has begun in the trial of Jefty Joseph, 1 of 3 people arrested in the December 2013 shooting death of 31-year-old Gustavo Mora Falsetti Cabral.

Joseph and another man, Ilmart Christophe, were arrested almost immediately after Cabral, of Coconut Creek, was shot in an abandoned building at 5973 Ithaca Circle West, east of Jog Road.

Both men blamed the crime on each other, each saying the other took Cabral inside the building and shot him after a night of drinking and gambling and emerged after the gunshot. But it was in Joseph's pockets that detectives said they found the victim's license, credit cards, watch and a bank receipt.

Joseph told investigators he was at the Seminole Casino in Coconut Creek on Saturday and was with the victim, who he's known since they were children. He told investigators he had Cabral's property because Cabral had gotten drunk and didn't want to spend anymore money, so he asked Joseph to keep his identification cards and credit cards.

Detectives arrested a third person, Koral Ben Shimon, weeks after Joseph and Christophe when they identified her in surveillance video at a Pompano Beach Super 8 Motel linked to a room card key also found in Joseph's pocket.

The video also showed Ben Shimon meeting the victim in the motel's parking lot Dec. 1, 2013. Ben Shimon went into the hotel room first and Cabral followed. The 4 are then seen leaving the motel and Joseph has what appears to be a handgun in his pocket.

Detectives also connected Ben Shimon to the victim after finding phone calls between the 2 and her phone number as a contact for a Backpage.com escort ad. She told detectives the 3 were planning to rob Cabral, but she said she didn't know they were going to kill him.

In a plea deal with prosecutors, Ben Shimon pleaded guilty to robbery and kidnapping charges in exchange for a sentence of 10 years in prison and 5 years' probation. Prosecutors' case against Christophe is still open. His next hearing is set for Jan. 31.

(source: Palm Beach Post)








OHIO:

Uncle set to testify against nephew who faces death penalty in Cleveland double slaying



An uncle is expected to testify against his nephew, who faces the death penalty if convicted of the execution-style killing of his longtime friend and the friend's roommate during a 2016 robbery at an apartment in Cleveland's warehouse district.

James Johnson and an unknown assailant burst into the 8th-floor apartment of Johnson's longtime friend Rashaad Bandy in search of money and drugs, prosecutors said.

Johnson shot Bandy's roommate Brandon James in the back as James tried to run away, then made Bandy, whom Johnson had known since he was a child, get down on his knees and fired a single bullet into the back of Bandy's head, prosecutors said.

Johnson's uncle is expected to help prosecutors connect him to the slayings.

The uncle, who is an arson investigator for the Cleveland fire department, is expected to testify that he saw Johnson pull into a gas station the morning after the slayings and dump a bag that investigators say contained the same pair of Timberland boots that the shooter wore during the attack.

Johnson, whose trial began last week with jury selection, is the first defendant facing the death penalty to go to trial under Cuyahoga County Prosecutor Michael O'Malley.

Two other witnesses who were in the apartment at the time are also expected to testify.

Defense attorney Kevin Cafferkey declared in his opening statements that Johnson is not guilty of the charges he faces.

Bandy and James were known drug dealers and worked out of their eighth-floor apartment, Cafferkey said. The attack that ended with their deaths was actually retribution, because Jones and Bandy had robbed someone else of money and drugs in the weeks prior, Cafferkey said.

The assailants burst into the apartment and immediately asked for the "stuff" and money, Cafferkey said.

It wasn't until James ran away that shots were fired, Cafferkey said. A bullet struck James, and the shooter stood over him and said, "you're not dead," Cafferkey said.

The attackers then went directly for 2 duffel bags, and left, Cafferkey said. They did not ransack the apartment, and left large amounts of marijuana and a loaded pistol in the back bedroom where the duffel bags were stashed.

"In this case, there was no evidence of intent to kill," he said.

Cafferkey acknowledged that Johnson's DNA would be in the apartment, because Bandy and Johnson were related and Johnson had been to the apartment several times before.

Defense lawyers are also expected to prod the eyewitnesses who picked out Johnson's photograph from a lineup given by police detectives. Johnson has a lazy eye, and his lawyers say his was the only photograph included in the lineup that had a lazy eye.

(source: cleveland.com)








OKLAHOMA:

Texas man on trial in fatal Oklahoma interstate shootings



A Texas man accused of killing 2 people as he drunkenly shot at vehicles while driving along a freeway in Oklahoma is in court to face murder charges.

Trial began Tuesday for 38-year-old Jeremy Doss Hardy of Pasadena. He faces 2 counts of 1st-degree murder, assault with a dangerous weapon and other offenses. Prosecutors are seeking the death penalty. Investigators say Hardy fired randomly at vehicles along Interstate 40 in western Oklahoma on Dec. 16, 2015. The attack killed 45-year-old Kent Powell of Arapaho, Oklahoma, and 63-year-old Billie Jean West of Lone Wolf, Oklahoma.

Prosecutors allege Hardy identified with a group that believes the federal government is plotting to remove American citizens' rights. They plan to use evidence about his political beliefs to show a possible motive for the shootings.

(source: Associated Press)




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