June 21
TEXAS:
Prosecutors address shock belt use in response to Calvert's death row appeal
State prosecutors have filed a long-awaited response to convicted murderer
James Calvert's appeal filed in October 2017.
The 286-page document filed with the Court of Criminal Appeals this week is the
prosecution's detailed response to the 29 points of error listed in Calvert's
original appeal. The document was written by Smith County District Attorney
Matt Bingham, First Assistant April Sikes, and Michael West, assistant criminal
district attorney.
Calvert was found guilty of capital murder in 2015 and sentenced to death for
the brutal murder of his ex-wife, Jelena Sriraman, in Tyler, before abducting
their 4-year-old child and fleeing to Louisiana on Halloween in 2012.
Calvert is seeking a new trial, and with this filing the decision on whether
that happens rests with the Court of Appeals.
A main point of the appeal for both sides is the use of a 50,000-volt shock
belt while Calvert was on trial in Smith County's 241st District Court. Calvert
claims its use violated his right to due process, while prosecutors say it was
used in accordance with guidelines and only when Calvert refused to obey
deputies orders.
Prosecutors present details from the testimony of several people in the
courtroom when the shock incidents occurred, and the disciplinary reasons the
shock belt was used, including Calvert allegedly taunting deputies and refusing
to obey orders.
Prosecutors also allude that Calvert intentionally put himself in a position to
be shocked so that it could be used in his appeal.
"The record thus shows that Appellant, knowing he would be shocked for defying
the orders of deputies, nonetheless refused to comply and apparently achieved
the result he wanted - he was shocked," the document states.
Smith County is 1 of several in Texas who use electric shock devices to control
defendants who are determined to be a security risk.
A footnote to the document explains that at the time the 2nd shock was
administered, the "courtroom was literally filled with the firearms and
hundreds of rounds of ammunition that had been seized from his vehicle and
admitted into evidence." The list includes 2 AR-15 rifles, 2 pistols, an AK-47
style rifle, and SKS-style rifle and 5 metal boxes of ammo.
(source: KLTV news)
CONNECTICUT:
Ex-death row inmate sentenced to life for murder
A former death row inmate was resentenced on Wednesday to life in prison for
the 2002 slaying of a single mother.
Lazale Ashby, 33, had his sentence converted as a result of the state Supreme
Court decision to end capital punishment.
Ashby, who was convicted in 2008, raped and strangled Elizabeth Garcia inside
her Hartford apartment as her 2-year-old daughter watched television in another
room.
The victim's daughter, who is now 17, spoke at the hearing and described the
pain of never knowing her mother, the Hartford Courant reported .
"He should be deprived of his freedom and he must be reminded of the horrible
things he's done," the teen said.
The teen's grandmother, Betsy Betterini, told the Hartford Superior Court judge
that her daughter Elizabeth would have been proud to see the teen as the
courageous, college-bound young woman she has become.
Ashby, who did not speak during the sentencing hearing, also is serving a
25-year sentence for a fatal shooting that took place in 2003. An appeal of his
conviction in the Garcia case is pending.
The state Supreme Court ruled the death penalty unconstitutional in 2015. 9 of
the state's 11 former death row inmates have since been resentenced to life in
prison.
(source: Associated Press)
FLORIDA:
Defense: preserve most evidence in Florida school shooting
Defense attorneys for Florida school shooting suspect Nikolas Cruz are asking a
judge to order investigators to preserve most evidence in the case, except for
the building where the Valentine???s Day massacre took place.
A hearing was set Thursday on motions seeking to preserve evidence including
field notes made by law enforcement officials that may have some bearing on the
case. The motions don???t object to the planned destruction of the crime scene
building where 17 people died and 17 others were wounded in the attack in
February.
Delayed until a July 16 hearing is another defense motion seeking to prevent
public release of Cruz's statement to detectives after the shooting. The Cruz
lawyers say it would jeopardize his fair trial rights.
19-year-old Cruz faces the death penalty if convicted.
(source: Associated Press)
OHIO:
Judy Malinowski case: Judge suggests parties consider plea deal in
death-penalty trial
The Franklin County judge assigned to preside over the death-penalty trial of
Michael W. Slager told prosecuting and defense attorneys Wednesday not to
overlook the possiblity of reaching a plea agreement in the case.
The jury selection process is scheduled to begin July 6 for the case against
Slager, who is accused of causing the death of estranged girlfriend Judy
Malinowski by setting her on fire behind a Gahanna gas station in August 2015.
"I want to make sure that everyone understands that a resolution other than
trial, generally speaking, is acceptable to this court," Common Pleas Judge Guy
Reece said during a pre-trial hearing. "I don't tell people what to do... So
please, do not take this as encouragement or discouragement. It's merely
stating a fact."
Typically, death-penalty cases that are resolved with a plea bargain are those
in which both sides agree that the defendant will receive a sentence of life in
prison without parole.
After the hearing, Prosecutor Ron O'Brien said he won't consult with
Malinowski's family about a potential plea unless he receives what he considers
"a reasonable" proposal from the defense.
Defense attorney Mark C. Collins couldn't disclose his discussions with his
client, but said that he and his co-counsel, Robert Krapenc, wouldn't be doing
their jobs if they didn't seek a pre-trial resolution of the case.
"The judge was indicating that he wouldn't stand in the way, which is
appropriate," he said.
Malinowski suffered with burns so extensive and horrific that doctors expected
her to die within hours of the incident, but she survived for nearly 2 years.
Slager, 42, pleaded no contest in December 2016 to charges of felonious
assault, aggravated arson and possession of criminal tools. Common Pleas Judge
Julie M. Lynch found him guilty and imposed the maximum sentence of 11 years,
which Slager is serving at the Toledo Correctional Institution.
After Malinowski died of her burns in June 2017 at age 34, a county grand jury
returned a death-penalty indictment against Slager for aggravated murder.
Malinowski was able to give a video deposition less than 5 months before her
death. Reece ruled in April that prosecutors can use the deposition in Slager's
trial, denying a defense motion to suppress the video.
The parties in the case think it will be the 2st time that a homicide victim
will testify in his or her own murder trial.
(source: Columbus Dispatch)
COLORADO:
Jury weighing killer's motive in rare El Paso County death penalty trial
After 6 weeks of testimony in El Paso County's 1st death penalty trial in a
decade, the question before a jury isn't whether Glen Law Galloway pulled the
trigger. It's why.
With defense attorneys conceding at the outset that the 46-year-old defendant
was responsible for back-to-back fatal shootings in May 2016, a conviction is
all but assured.
What jurors conclude about his motive, though, could shape the trial's next
phase - determining if he goes to death row.
The 9-man, 3-woman panel began deliberating about 1 p.m., at the conclusion of
3 hours of closing arguments.
If Galloway is found guilty, the same jury will decide if he lives or dies,
which could take several weeks.
During closing remarks Wednesday in a packed courtroom, attorneys on both sides
largely focused on their impressions of what drove the killings of Marcus
Anderson, a homeless associate of Galloway, and his ex-girlfriend Janice Nam,
both of Colorado Springs.
Noting Galloway disregarded restraining orders Nam had against him as well as
his October 2015 conviction for stalking her, prosecutors say the evidence is
clear that Galloway was so bent on revenge that he plotted her death for
months, even years - going so far as to first kill Anderson so that he could
use his pickup to further his deadly plan.
"That b---- ruined my life and I'm going to kill her," said prosecutor Reggy
Short, repeating what Galloway allegedly told a friend weeks before Janice Nam
was ambushed in her Colorado Springs bedroom and shot twice in the head at
close range.
Short rattled off testimony by two other Galloway associates, one who said he
claimed to have dug a grave in Black Forest for Nam and another who said
Galloway spoke openly of shooting her with a .357 pistol.
According to the defense, Galloway's only plan was to get out of the country to
escape a potential prison sentence for stalking - based on allegations that
Galloway claimed were invented by Nam in reprisal for his infidelity.
But Anderson, who the defense said agreed to drive Galloway to the Mexican
border, stole Galloway's weapon and threatened him with it, forcing Galloway to
kill Anderson in self- defense.
Knowing his life was all but over after killing Anderson, Galloway suffered a
mental break and drove to the Colorado Springs home of Nam, intending to
confront her, public defender Julian Rosielle said.
"He snapped," said Rosielle. "He lost control of his mind. He lost control of
his emotions."
Short and co-counsel Rachael Powell, who prosecuted Galloway on the stalking
charge, sought to show Galloway knew what he was doing each step of the way.
Beginning in late 2015, he began converting his life savings into cash, giving
much of his $160,000 retirement account to his sons.
Prosecutors say the defense failed to present any evidence to support their
claim of Galloway's elaborate plan to flee the country, which they said
included a network of at least 3 people.
Rosielle argued that Galloway had numerous opportunities to kill Nam if that
was his plan, and that his client wouldn't have chosen a self-storage business
in broad daylight to kill Anderson, who according to toxicology tests was high
on methamphetamine.
Nor would Galloway commit the shootings in such a sloppy manner, the defense
argued.
After Anderson was shot, his body was left in a storage unit in plain view,
with the door open and possessions stacked outside, inviting attention.
The defendant knew Nam had surveillance cameras in her house and took no steps
to conceal his face. He left behind a holster in the backyard that contained
his DNA.
Short said Galloway's mistakes shouldn't be construed to mean that the killings
weren't premeditated.
He pointed out that after killing Anderson, Galloway immediately drove to Nam's
neighborhood. He spent the next 10 hurs waiting at a fast-food restaurant a
half mile from her house and parked just down the street before breaking in
about 5 a.m.
The 2 sides also clashed over Galloway's decision to turn himself in at the
jail a day after Nam's killing. Saying Galloway thrived on control, Short said
the defendant's nonchalant surrender - while carrying a backpack containing the
murder weapon - was a "power play" calculated to send the message that he
couldn't be constrained by the law.
Rosielle said Galloway surrendered after coming to his senses and realized what
he had done.
"He gave the DA's Office all the evidence it needed," he said. "What kind of
power play is that?"
Closing arguments came a day after the defense asked presiding judge Gregory
Werner to recuse himself, saying he revealed his "bias" against Galloway
through a series of adverse rulings, including a prohibition on using the
phrase "self-defense" in arguing the case.
Werner denied the motion, saying his role was strictly to ensure the trial
comported with the rules of evidence and that he had no vested stake in the
outcome.
The jury is expected to resume deliberations at 9 a.m.
(source: Colorado Springs Gazette)
NEVADA----impending execution//volunteer
Scott Raymond Dozier Execution: Death Row Inmate Loses Battle Over Expired
Lethal Injection Drugs----Nevada will carry out its 1st capital punishment
sentence since 2006.
Scott Raymond Dozier has a date with an executioner. Sitting on death row in
Nevada, Dozier will take his last breath on July 11.
As reported by Fox News, the Silver State will carry out its 1st execution in
12 years when the Department of Corrections puts Dozier to death next month.
For this execution, Nevada will be using a 3-drug combination that has never
been tried before.
Dozier almost escaped his death sentence. Late last year, Clark County District
Court Judge Jennifer Togliatti refused to allow the execution because the drug
combination could have been considered cruel and unusual punishment. Critics
feared the mixture would not show if the condemned convict was suffering during
the procedure.
Nevada continued its fight to move forward with Dozier's execution in the
higher courts. Last month, Nevada ultimately won when the state's Supreme Court
ruled the execution could be carried out. Attorneys and a human rights group
arguing for a stay of execution said the new procedure was inhumane as the
drugs were possibly expired.
Despite her earlier refusal, an order of execution was signed by Judge
Togliatti in Las Vegas on Tuesday. Prison officials have confirmed the drugs
needed are on hand and ready for Dozier's lethal injection.
"We have what we need to complete the execution order," said Brooke Santina,
with Nevada's Department of Corrections. "The same 3 drugs. We have some that
are not expired."
The 3 drugs - diazepam, fentanyl, and cisatracurium - have never been used for
an execution in any state. Nevada was forced to change the previous lethal
injection concoction as many pharmaceutical companies have refused to sell
certain drugs for use in executions.
Without any other legal delays, Dozier will be the 1st person executed in
Nevada since 2006. Officials at Ely State Prison, which just built a new
execution chamber 2 years ago, will complete the death row inmate's capital
punishment.
Scott Dozier received the death penalty after convictions for 2 separate
murders, 1 in Phoenix and 1 in Las Vegas. Dozier is welcoming his early demise,
stating on several occasions that he wants to be executed and isn't concerned
about pain or the drugs used.
According to a report from the Houston Chronicle, the American Civil Liberties
Union is asking Nevada Governor Brian Sandoval to stop the execution. However,
Mary-Sarah Kinner, a spokesperson for Sandoval's office, said the governor
lacks the "unilateral authority to offer a pardon or commute a death sentence."
(source: inquisitr.com)
********************
Death penalty sought for Las Vegas man in toddler's death
Prosecutors said Wednesday that they plan to seek the death penalty against a
Las Vegas man charged with killing his girlfriend's 2-year-old son.
Emanuel Flores is facing 15 counts, including child abuse and murder in the
death of Nicolas Rodriguez-Tienda. Prosecutors said the boy suffered systematic
abuse at the hands of Flores.
Attorneys for Flores declined to comment outside of court.
In August, Nicolas was taken to University Medical Center, where he died.
Flores, 30, initially was arrested on charges of child abuse and making false
statements to police.
Flores told police that his mother, Margarita Najera, had been watching the boy
when he fell off a trampoline at a home on the 4200 block of Walnut Family
Court, according to court documents.
An investigator interviewed Nicolas' 4- and 5-year-old siblings, who told
police that Flores, not Najera, was watching them. The children said Flores
threw the boy against the floor because he was touching the wall and sticking
his tongue out, Flores' arrest report said.
(source: Las Vegas Review-Journal)
USA:
Accused in 2016 murders, Palmer man faces possible death sentence
Federal prosecutors will seek the death penalty for a Palmer man accused in a
drug-related double homicide in 2016.
The U.S. Attorney's Office in Anchorage said it's only the 3rd time in the past
25 to 30 years that a formal intent to pursue the death penalty has been filed
in an Alaska case.
According to the indictment against him, John Pearl Smith II, 32, committed
several drug robberies that culminated in the fatal shootings of Wasilla
residents Ben Gross, 43, and Crystal Denardi, 30, in June 2016.
Prosecutors say Alaska State Troopers found Gross and Denardi dead in a burning
home, along with another injured man.
Authorities suspected Smith from the beginning and he was arrested after 2
weeks of intense surveillance.
The indictment includes charges of using a firearm in a murder, burglary and
attempted drug possession.
Prosecutors announced Tuesday that if Smith is convicted they will pursue the
death penalty.
The intent to seek the death penalty is a formal declaration by the U.S.
Attorney General Jeff Sessions, made Monday following a lengthy review by
Department of Justice officials in Washington, D.C.
The last Alaska case in which the Department of Justice sought the death
penalty was in 2008, against Joshua Wade, who ultimately admitted to 2 murders
in a deal that allowed him to avoid the possibility of execution.
According to the U.S. Attorney's Office, the only other Alaska case in modern
memory seeking the death penalty was in the 1990s.
Capital punishment is not an option under the state's judicial system, and the
last time someone was legally executed for a crime in Alaska was prior to
statehood.
(source: KTOO news)
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