Feb. 13
PENNSYLVANIA:
Solitary confinement for death row inmates debated amid lawsuit
In Harrisburg, Pa. at Graterford and Greene state prisons, 5 inmates on death
row have sued, challenging the policy of solitary confinement. They were
assisted by the Pennsylvania American Civil Liberties Union, the
Pittsburgh-based Abolitionist Studies Project and 3 law firms. The inmates
involved in the suit are Ronald Gibson (49), Jermont Cox (46), Anthony Reid
(50), Ricardo Natividad (49) and Mark Newton Spotz (46). All of the
aformentioned inmates have spent between 15 and 27 years on death row. The
lawsuit requests the prisons terminate mandatory solitary confinement. This
ruling could affect the 156 men currently on death row at the prisons.
Only 3 people have been executed by Pennsylvania since 1976, and these 3
individuals gave up their appeals voluntarily.
As of now, according to the lawsuit and prisoner testimony detail, death row
inmates are kept in cells the size of a parking space for 22 to 24 hours a day.
They change cells roughly every 3 months. The Morning Call's Mark Scolforo
notes, "The men may not participate in prison vocational, recreational or
educational programs, nor can they join in any communal worship." Additionally,
outdoor exercise is permitted for no more than 2 hours.
The case argues that the current conditions of solitary confinement for death
row inmates violates the 8th and 14th amendments. The 8th amendment concerns
cruel and unusual punishment. The 14th concerns equal protection under the law.
The lawsuit says the following about the current policy: "The devastating
effects of such prolonged isolation are well known among mental health experts,
physicians and human rights experts in the United States and around the world.
It is established beyond dispute that solitary confinement puts prisoners at
risk of substantial physical, mental and emotional harm."
Scolforo says the Corrections Department spokesperson "said officials have
begun making changes that will let death row inmates have more time outside of
their cells. She said all death row inmates with serious mental illnesses are
currently permitted time out of their cells to receive therapeutic treatment
services."
The Pittsburgh Post-Gazette notes that the lawsuit says the following: "These
restrictions, taken in [total], deprive death-sentenced prisoners of virtually
all meaningful human contact. Indeed, on weekdays when no exercise is permitted
and on most weekends, a few words exchanged with an officer as a food tray is
delivered or removed may be the only human contact that a death-sentenced
prisoner experiences - if he experiences even that."
Governor Tom Wolf (D) has placed a moratorium on the death penalty in the state
of Pennsylvania 3 years ago. He said he felt Pennsylvania had "a flawed system
that has been proven to be an endless cycle of court proceedings as well as
ineffective, unjust and expensive." This moratorium will remain until a study
of capital punishment commissioned by the state senate is finished. The Philly
Inquirer staff writer Samantha Melamed feels that the future of the death
penalty will be a factor in the governor's race, citing that York County's
Scott Wagner (R) has promised, "within 48 hours," to reverse the moratorium.
The Abolitionist Law Center's Bret Grote said, "They didn't begin their time in
solitary with mental health issues, but now are on the mental health roster.
It's a trajectory of despair and hopelessness."
Legal Director of the ACLU of Pennsylvania, Witold "Vic" Walczak said, "These
folks have been sentenced to death. They haven't been sentenced to a lifetime
of psychological torture."
Walczak continues, "We stand by the description of conditions in the complaint.
Whatever the [Department of Corrections] may be doing is either in the planning
or not-yet-operational stage. Any lessening of restrictions is welcome, but
this is one of the most severe systems of isolation in the country so they've
got a long way to go."
(aouexw: Halle Nelson is a 4th-year student majoring in communication studies
with minors in deaf studies and English literature----The Quad)
FLORIDA:
Donald Smith trial Monday: What to expect
The Donald Smith trial begins in earnest Monday. After a long week of jury
selection, a panel of 12 jurors and 4 alternates will hear opening statements
in the death penalty case. It is the start of what they have repeatedly been
warned is a horrific, "gut-wrenching" parade of facts.
Smith is charged with 1st-degree murder, sexual battery and kidnapping in the
June 2103 death of 8-year-old Cherish Perrywinkle. He has pleaded not guilty.
The 1st phase of the trial, called the guilt phase, is expected to take about 4
days. If the jury finds Smith guilty, the trial will move to a penalty phase,
which would take another 3 days.
Under Florida's new death penalty law, it is up to jurors alone to decide
whether he deserves life in prison or a sentence of death. A death verdict must
be unanimous.
So who are the jurors? They are predominately minority and overwhelmingly
female. First Coast News is electing not indicate which panelists are actual
jurors, and which are alternates since they themselves do not know, but here
are some general notes on the panel of 12:
6 have children -- mostly adult children, but 2 have children under the age of
10.
They range in age from 30 to early 60s
They are largely working class
Several have heard about the case, but none followed it. Most say they don't
watch local news.
Asked to rank their support of the death penalty on a scale of 1-5, most gave
it a 2.5 or 3. One described the death penalty as "unfortunate but necessary,"
another as "a necessary evil." All 12 said they could issue a death verdict, if
warranted.
1 woman said the jury selection process alone had caused her thinking to
evolve, and that she believed she could determine a just punishment for Smith.
"At first I didn't think I could, but during this process, I've found in myself
that I could. I have a different take just being here. I was able to see him as
a human being."
(source: First Coast News)
OHIO:
Prosecutor will seek the death penalty if Westerville shooting suspect survives
The man identified by police as the suspect in the killing of 2 veteran law
enforcement officers was prohibited from having a weapon by law, records show.
Incident reports released by the Westerville Police Department show 30-year-old
Quentin Smith's wife, Candace, 33, had told police in November her husband
carried a "gun all of the time."
Officers Anthony Morelli, 54, and Eric Joering, 39 arrived at the Smith
residence on Crosswind Drive at 12:10 p.m. and were "immediately met with
gunfire," Westerville police Chief Joe Morbitzer said at news conference
Saturday.
Joering, a 17-year police veteran, was pronounced dead at the scene. Morelli
was taken to the hospital, where he later died.
Smith was formally charged in Franklin County Municipal Court with 2 counts of
aggravated murder on Sunday.
Franklin County Prosecutor Ron O'Brien said he would pursue the death penalty
for Quentin Smith if he survives his injuries.
"It would be a death penalty case," he said. Smith was convicted of burglary in
2008 and spent time in prison. This conviction barred him from legally being
able to carry a gun.
In a report from Nov. 29, Smith's wife reportedly told officers she knew her
husband was not allowed to have a gun.
"He gave money to a friend of his and the friend purchased (the gun) for him,"
she told police, according to the report.
When police located Smith a short time later, they searched both him and his
vehicle and found no gun.
Smith's criminal history is concentrated in his home county of Cuyahoga, near
Cleveland.
Records show Smith lived in a suburb of Cleveland and was arrested in 2007 and
charged with felonious assault, however, that case was later dismissed.
In 2008, Smith was charged with aggravated burglary and felonious assault. He
ultimately pleaded guilty to charges of burglary and domestic violence.
Smith had also been charged on at least 2 other occasions with domestic
violence, however, both of those cases were dismissed, according to records.
Smith and his wife also filed for bankruptcy in 2017, listing more than
$100,000 in debts. In the filing, a Smith & Wesson .40-caliber handgun is
listed as being owned by the couple.
Police have not said what type of gun was used in the fatal shooting.
Piecing together what happened
Chief Morbitzer during a Sunday morning news conference told residents to
expect cruisers from other departments "all patrolling our streets to give our
folks a break and time to process."
"The Columbus team that's investigating this murder of 2 officers, they were
diligent in their investigation to ensure we get a prosecution," Morbitzer
said.
In police radio traffic released to the media Saturday, dispatchers say 3
officers responded to the scene, knocked on the door, then heard shots fired
that resulted in two officers down.
Charles Sellevaag, a neighbor of the Smiths, on Sunday told The Enquirer he saw
an officer drag his colleague out of an apartment building.
"He ripped open his shirt and started screaming officer down," said Sellevaag,
49.
In 911 audio, Candace Smith told a dispatcher she was hiding in bushes outside
the residence and her daughter was still inside with Quentin Smith. Police
radio traffic indicated officers found the child on a couch while holding
Quentin Smith at gunpoint.
Quentin Smith's status and location remain unclear. Officials at Ohio State
University Wexner Medical Center first said he wasn't a patient, then said he
was at nearby Mount Carmel Saint Ann's. Saint Ann's referred reporters back to
OSU.
As of Sunday afternoon, Quentin Smith was not booked in the Franklin County
Correction Center.
(source: cincinnati.com)
WASHINGTON:
Ending death penalty could help solve cold cases----The money saved on death
penalty trials is better spent to investigate unsolved murders and rapes.
When I heard that a Senate committee in Washington's Legislature voted to end
the death penalty recently, I felt a sense of hope mixed with cautious
optimism.
I have been an unlikely supporter of an end to capital punishment in Washington
for nearly 15 years. My brother, Robert Kerr, was found brutally murdered in
Snohomish County in 2003, and his murder remains unsolved to this day. My hope
is that the money the state saves by ending the death penalty can be
re-directed to work on unsolved violent crimes.
When I first learned of my brother's death, I expected justice to be swift and
certain. His body was found on the side of the road by a Sunday paper delivery
truck driver. He had been severely beaten and strangled. His wallet was
missing; his credit cards were stolen, his bank accounts emptied.
For the next few years, I was in regular contact with the Snohomish County
Sheriff's detective assigned to the investigation of his murder. Most of that
time we simply waited, while the crime lab worked its way through a backlog of
evidence. Work on the evidence in Bob's murder and other pending cases was
subject to interminable delays.
I couldn't understand why the process was taking so long. Bob's killer was out
on the streets, and there seemed to be no justice in sight. When I inquired
about the delays, I was told there was not enough funding to support another
crime lab, so evidence in many cases was delayed or simply not processed at
all, while high profile capital cases took precedent.
Today, I still stay in contact with and have great respect for the detectives
in Everett. My family still waits for Bob's killer to be identified,
prosecuted, and sentenced, but I don't have much hope. Several years ago, I
heard that the King County Sherriff's Office's would shut down its cold-case
squad indefinitely because of a lack of resources. At the time, there were 228
cold cases in that county waiting to be solved. This kind of news brings only
sadness to families in my position, and should outrage all citizens.
This is why I have consistently supported ending the death penalty in
Washington state. While the state continues to waste millions of dollars each
year prosecuting a few high-profile killers, hundreds of cold cases go
unsolved, and perpetrators walk the streets.
One recent study by Seattle University found that death penalty cases cost at
least $1 million more than murder cases in which life without parole is sought
instead. All of that extra money is spent to execute someone who is already
safely behind bars. Yet, there is no realistic way to make the death penalty
process cheaper due to the risk of wrongful conviction and execution.
In Washington state, there have been at least 47 wrongful convictions for
serious crimes, including one man who was wrongfully sentenced to death. This
makes it clear that human error will never be eliminated; wrongful execution is
not an option at any price. The only way to prevent an execution of an innocent
person is to eliminate the death penalty altogether.
My desire for swift justice in Bob's case evaporated many years ago, but
repealing the death penalty and re-directing the resources to Washington's
unsolved rapes and murders may bring justice for many other families that have
suffered like mine.
Ending the death penalty can make the criminal justice system more responsive
to the needs of victims and survivors of violent crime. I hope the Legislature
finally takes this opportunity to end the death penalty once and for all.
(source: Commentary; Judy Kerr is a retired nurse----heraldnet.com)
USA:
Charges expected that could tie MS-13 gang to Columbus killings
More indictments are expected in a case targeting a violent international
street gang, MS-13, that could connect members to local homicides, sources
confirmed to The Dispatch.
Those indictments could open the door for the U.S. attorney general's office to
request the death penalty for members of the notorious Salvadoran gang who have
been active in central Ohio for more than a decade and continue to aggressively
recruit young members.
"It is a group that wants to grow, and is growing, in Columbus and elsewhere,"
said Assistant U.S. Attorney Brian Martinez, who is prosecuting the case in the
Southern District of Ohio.
The investigation is advancing as President Donald Trump cites the gang as "one
of the most violent and vicious gangs anywhere in the world," and as an example
of the need for immigration reform.
"We've really never seen anything quite like this - the level of ferocity, the
level of violence, and the reforms we need from Congress to defeat it," Trump
said at a roundtable discussion at the White House with law-enforcement
officials last week.
The 1st series of indictments of MS-13 members in the Southern District were
issued in July, charging them with extorting money from businesses and people
to launder back to the gang's headquarters in the Central American nation of El
Salvador. Additional indictments followed in December containing counts of
money laundering and extortion, plus weapons- and drug-related charges,
bringing the total number of members and associates charged to 14. The members
are part of the organization's East Coast program.
2 defendants face charges of illegally re-entering the country, according to an
indictment.
The 14 people indicted are from either El Salvador or neighboring Honduras, and
only 1 entered the country legally, according to prosecutors. Trump announced
plans last month to end the humanitarian program for Salvadorans who were
allowed to come to the United States after earthquakes in 2001. Before that,
the status was granted decades earlier during a civil war in the country.
"At least 1 of the individuals in there has had temporary protective status,"
Martinez said. "That's sort of in flux, too."
John Cronan, who is the acting assistant attorney general for the Department of
Justice's Criminal Division, said at the roundtable: "The Department of Justice
will be surging," and "hundreds of federal prosecutors (will be sent) to the
field, with specific directions to focus on violent crime and immigration."
Despite the strong rhetoric coming from the Trump administration, the MS-13
investigation in the Southern District began in 2015 during former President
Barack Obama's administration, according to prosecutors.
"I think the current administration is more vocal about this particular gang,
but the level of support has been the same," Martinez said. "People are very
supportive of this case, and it's an important one to do."
U.S. Attorney Benjamin Glassman of the Southern District of Ohio said
prosecutors are "not allowed to say what we're recommending" regarding seeking
the death penalty.
60 crimes, including murder and narcotics offenses, qualify for the death
penalty.
"MS-13 members and associates in Ohio and elsewhere engage in a wide range of
criminal activity, including but not limited to racketeering, murder, attempted
murder, robbery, extortion, money laundering, drug trafficking, assault,
obstruction of justice, witness intimidation, weapons offenses and
immigration-related violations," according to an indictment.
The last gang that federal prosecutors in the district identified and
prosecuted was the Short North Posse. 20 members were indicted, and of those, 1
died awaiting trial, 13 pleaded guilty and the other 6 went to trial and were
sentenced to life in prison.
"We showed we can do it, and that's knowledge we can use moving forward,"
Glassman said.
Some local slayings have the hallmarks of MS-13's brutal style: Machetes or
similar bladed weapons were used to stab or hack the victims. Prosecutors
declined to discuss the number, or specific homicide cases, when asked.
The Dispatch reported at least 2:
- In 2015, the body of a 17-year-old male was found in a shallow grave in Innis
Park. The body had been chopped 69 times in the head, neck and torso, and the
upper left arm was severed. On the youth's lower back were tattoos reading
"North Side" and "Hecho en El Salvador."
- The body of a 38-year-old male was found nearby in a shallow grave and had
stab wounds in the torso. The level of decomposition required Ohio State
University's anthropology department to examine the remains, according to a
coroner's report.
MS-13 is the only gang that has been dubbed by federal authorities as a
"transnational criminal organization." More than 10,000 members and associates
are in the United States, and they operate in at least 39 other states in
addition to Ohio. Federal officials said about 3,000 members are in the
Washington, D.C., metro area and elsewhere in northern Virginia.
To provide context, Martinez said that's 20 to 30 cliques, or smaller organized
cells. In Columbus, 1 clique has been identified. Prosecutors declined to say
how many documented members and associates are in central Ohio.
(source: Columbus Dispatch)
******************
Some US Senators Want 2nd Chance at Death Penalty Cases----Senators want to
give federal prosecutors a 2nd shot at the death penalty in capital cases.
In 2013 Officer Eric Williams was brutally murdered by an inmate at a federal
prison in Pennsylvania. Jessie Con Ui was convicted of the crime, and at the
trial 11 of the 12 jurors voted to give Con Ui the death penalty for the crime.
The hold out spared his life, and instead he received a life sentence without
parole.
Sen. Tom Cotton (R-AR.) stated: "I think its a complete miscarriage of justice
and it essentially declares open hunting season on prison guards and prison
employees." He points out that Con Ui was already serving a life sentence for
another killing, and because of these says that William's murder essentially
went unpunished.
On Wednesday, Cotton and other Republican Senators Filed a bill they're calling
"Eric's Law" that would give prosecutors the option of picking a 2nd jury if
the 1st cannot reach a unanimous decision on the death penalty.
Attorney Mark Macdougall, who has defended 7 death penalty cases, questions the
bills fairness, stating, ""What the prosecutors are seeking is lets get a do
over, lets try again and i think that would be viewed by many people as being
inconsistent with our system of justice."
Advocates against the death penalty also say that the bill won't make federal
executions more likely, but say it could prolong cases and make them more
costly.
(source: arkansasmatters.com)
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