January 10
TEXAS----impending execution
Last-Minute Appeals Aim to Stop 1st Texas Execution of 2019----Drugs, mental
illness, disability factors in 2008 infant murder
Blaine Milam, a young man from Rusk County, is scheduled to be the state's
first execution of 2019. Unlike many death row inmates, Milam's case has moved
relatively quickly through the court system; he was sentenced to death in 2011
for the brutal killing of Amora Carson – the 13-month-old daughter of Milam's
girlfriend Jessica Carson – during an alleged exorcism in 2008. (Carson was
given life in prison without parole, though Milam's trial counsel argued she
was responsible for the murder.) The usual appeals were filed, but in
September, a month before the U.S. Supreme Court refused to hear Milam's final
federal appeal, the state scheduled his execution for Tuesday, Jan. 15.
As his death date nears, Milam's recently appointed lawyer Jennae Swiergula
with Texas Defender Services filed an appeal and a stay request in the Texas
Court of Criminal Appeals on Jan. 7 and 8, respectively. In an email statement,
Swiergula accused the state of relying on "now discredited bite mark junk
science" to obtain Milam's capital murder sentence while not possessing "any
meaningful evidence that Mr. Milam played any role in causing" Amora's death.
She also noted that the prosecution relied on Texas' law of parties, which
allows a jury to convict a person based on the conduct of another, to convict
Milam despite unpresented evidence that Carson had been experiencing a
"psychotic illness involving delusions that her child was possessed by a
demon." Swiergula concluded: "Mr. Milam's conviction is unreliable, and his
death sentence is arbitrary."
Previously, Milam's appeal in the U.S. 5th Circuit Court of Appeals – filed in
January 2018 by his former lawyer Donald Lee Bailey, who resigned in September
– argued 6 claims. Four focused on the consequences, or lack of them, from
"extensive testimony" at trial about Milam's drug use; at the time of Amora's
murder, Milam was high on methamphetamine. Under the Texas Penal Code,
"voluntary intoxication" can be used as a defense in certain crimes if the
defendant can prove they were incapable of forming an "intent to commit a
crime." In Milam's case, neither his trial nor appellate and habeas counsel,
nor the trial court itself, addressed whether and how the jury could or should
have addressed "voluntary intoxication" in the punishment phase.
Milam's 5th Circuit appeal also insisted there was a preponderance of evidence
at trial to prove Milam "was, and is," intellectually disabled, though his
appellate and habeas counsel did not address the issue for state review.
Additionally, the filing argued, since a doctor concluded that Milam, now 29,
functions at an emotional level between an 8- and 16-year-old, he should be
treated as a juvenile, in which case he cannot be sentenced to death. In May,
the appellate court concluded "reasonable jurists could not disagree with the
district court's disposition" and denied Milam's certificate of appealability,
a decision that the Supreme Court let stand in October.
Unless his stay request is approved – or the governor's office intervenes –
Milam will be the 1st man put to death by the state's hand this year, and the
559th inmate executed in Texas since the death penalty was reinstated in 1976.
(source: Austin Chronicle)
********************
Controversial death penalty lawyer Ron Mock dead at 72
The Ku Klux Klan gathered outside, and helicopters buzzed overhead the night
Gary Graham was put to death. The crowds in Huntsville were thick and volatile.
A cause celebre for activists and reformers, the young black man had to be
forcibly strapped to the gurney, where he proclaimed his innocence up to his
last breath.
That was 18 years ago. When Ron Mock — the much-maligned defense attorney best
known for his handling of the case — died last month, it was a much quieter
affair. Years after the death penalty trials that gained him notoriety, Mock
died peacefully in Houston on Dec. 30. He was 72.
An affable man and a “lawyer from the old school,” Mock started practicing in
Harris County just after the U.S. Supreme Court reinstated capital punishment
in the 1970s, launching his career in an era when he was one of few black
lawyers standing in front of the bench.
“He was a lovable rogue, he was charming — he was Fifth Ward-made-good,” said
high-profile defense attorney Brian Wice.
But despite his endearing demeanor, Mock was known for the number of capital
cases he took and criticized for the number he lost. Some saw him as a cog in
the state’s most aggressive death penalty machinery, doing little to fight the
harshest sentences in a county that consistently sought them.
He racked up reprimands from the State Bar of Texas, and once got a rare,
35-month suspension after he took a woman’s money and never told her he lacked
experience in handling sexual harassment cases.
“I have a permanent parking spot at the grievance committee,’’ he told the New
York Times before Graham’s execution.
Known for his speed in picking a jury and his willingness to take on new cases,
the Houston Press found that he was consistently one of the court-appointed
lawyers taking home the most money from county coffers in the 1980s and 1990s.
He was once jailed for contempt for his mishandling of criminal cases, and his
courtroom record was the focus of a Chicago Tribune investigation into problems
with the death penalty in Texas.
Longtime friend and fellow attorney Andrew McGee defended Mock’s legal prowess,
pointing out that Mock took on the toughest clients, the men no one wanted to
represent.
“He did appointed cases of baby killers, husband killers — he did all the worst
of the worst and he was good at it,” McGee said. “If they ended up on death row
it was probably because they deserved to be there.”
Between 1986 and 2001, Mock handled 19 capital murders. Sixteen of them ended
in a death sentence. At one point, he said that he’d likely had more clients
sent to death row than any other lawyer in the country.
“I know I have represented these folks to the best of my ability,” he told the
Tribune. “I’m a good lawyer. It ain’t bragging if you can do it.”
While some of Mock’s clients earned their convictions, Graham’s case was never
as clear-cut. The Houston man, who was 17 at the time of the murder, was
convicted without any physical evidence and on the testimony of a single
witness. Mock — a third-year attorney at the time — didn’t put on any witnesses
to argue his client’s innocence.
It was a case that became a political flashpoint and one that still incites ire
among anti-death penalty activists and capital defense attorneys. David Dow, a
Houston lawyer who handled some of Graham’s appeals, called Mock “one of the
worst” attorneys taking on capital trials.
And, despite his colorful posthumous image of the man, years earlier Wice
dinged his lax preparation and casual handling of a different capital case as
so bad it constituted a “breakdown of the adversarial process,” according to
the Washington Post.
Defense lawyer Feroz Merchant dismissed the negative comments as a reflection
of the sorts of cases his friend took.
“He was a good-hearted soul and a good human being, he got people charged with
the worst offenses and you can only do what you can with what you’ve been
given,” he said. “I can’t make a steak from a piece of cardboard no matter how
much you might want to.”
Outside the courtroom Mock was known as a likable guy, quick with a joke and
always easy to find at Buster’s, a favorite watering hole near the courthouse.
“Nobody could tell a story like he did,” Merchant said. “He walked into a
courtroom and everybody knew.”
Mock started his law career in 1978 after earning a degree from Texas Southern
University.
“He paved the way for so many people of color to practice criminal defense and
that was a good thing,” Wice said. “But if you were an indigent defendant
charged with capital murder and the state was going to seek the ultimate
punishment, you knew that your days were likely numbered.”
Mock leaves behind a wife and 2 children, who declined to comment.
********************
Former Texas judge raises possibility of death penalty moratorium
When Elsa Alcala started her legal career, it was in the "killingest" office in
Texas: that of Harris County District Attorney Johnny Holmes.
In his more than two decades as an elected official, Holmes transformed the
office into a place that netted more executions than any other county and more
than any other state except for the rest of Texas.
But the pipe-smoking courthouse legend has long since retired and, well before
that, Alcala moved on to become a district court judge, a court of appeals
judge and finally a jurist on the highest criminal court in the state – the
Texas Court of Criminal Appeals. In that time, her views have undergone a
remarkable shift.
Judge Elsa Alcala is interviewed by Houston Chronicle reporter Keri Blakinger
for an episode of Behind the Walls, a Houston Chronicle podcast on prison and
criminal justice.
In her 7 years on the CCA, Alcala became the court's strongest critic of
capital punishment, writing dissent after dissent and making headlines in 2016
when she suggested it was time for Texas courts to review the constitutionality
of the death penalty.
When she sat down with the Houston Chronicle's Behind the Walls podcast last
week – days after leaving the bench – she took it a step further, not only
raising questions but also suggesting the possibility of a statewide
moratorium.
"I think we know enough right now," she said, "to even call for a moratorium or
just to pause all of this and to say, you know, 'What is going on? Why does
Texas have such a high percentage of people who get the death penalty and are
executed as compared to the rest of the country?'"
The former jurist – who's now taking on a policy role for Texas Defender
Services – also talked about a high-profile court case focused on intellectual
disability, what factors fed into her personal evolution on capital punishment,
how she's "hanging on by a thread" in today's GOP, and what it was like growing
up an orphan raised by her older siblings.
Give it a listen in the player on the page, search for "Behind the Walls" on
Apple Podcasts or go to your favorite podcast app and click subscribe.
Look for new episodes every few weeks and, in between, follow show host Keri
Blakinger's prisons coverage in the Chronicle or on Twitter and follow cohost
Lance Lowry's news through his nonprofit, the Texas Correctional Institute.
************************
Accused shooter in death of 7-year-old Jazmine Barnes expected in court on
Thursday
Jazmine Barnes was a 7-year-old girl who was shot to death near Houston on
Sunday, Dec. 30, 2018.
Larry Woodruffe, the alleged gunman in an early morning drive-by shooting that
killed 7-year-old Jazmine Barnes on Dec. 30, is now scheduled to appear in
court on Thursday.
The documented gang member who belongs to the Five Deuce Hoover Crips was
charged Tuesday with capital murder.
Woodruffe, a 24-year-old former janitor and father of three, was identified by
an anonymous tipster and was arrested during a traffic stop Saturday for
possession of drugs.
He faces the same level of culpability as the suspected driver, 20-year-old
Eric Black Jr., who was charged over the weekend and appeared in court Monday.
Read more: Suspected gunman charged in 7-year-old Jazmine’s death
The capital charges filed against both men cap more than a week of intense
investigation and calls for the public’s assistance after Barnes was killed in
the early morning hours of Dec. 30 as she rode in the back seat of her mother’s
car.
Prosecutors said Barnes, her mother and sisters were the innocent victims of an
unprovoked shooting in which at least 8 shots were fired in a case of mistaken
identity.
Late Tuesday, it was unclear from court records whether he would appear
Wednesday before state District Judge George Powell or Thursday before judge
Nikita Harmon.
On Monday, Harmon ordered that Black be held without bail on a charge of
capital murder.
Woodruffe will likely be held without bail as well, which is typical for a
capital murder case in Harris County. If convicted, he could face life in
prison without parole or the death penalty. The decision whether to seek death
is generally made months after an arrest when all the evidence has been
analyzed.
(source for all: Houston Chronicle)
GEORGIA:
Supreme Court Lets Death Sentence Stand for Prisoner Whose Attorney Presented
No Mitigating Evidence
Over a sharp dissent by three justices, the United States Supreme Court has let
stand the death sentence imposed on a Georgia prisoner who was suffering from
dementia, brain damage, and borderline intellectual functioning, but whose
trial lawyer failed to present any mitigating evidence. On January 7, 2019, the
Supreme Court denied the petition for writ of certiorari filed on behalf of
death-row prisoner Donnie Cleveland Lance seeking the Court’s review of the
Georgia Supreme Court's denial of relief in his case. Justice Sonia Sotomayor –
joined by Justices Ruth Bader Ginsburg and Elena Kagan – dissented, writing
that “the Court’s refusal to intervene permits an egregious breakdown of basic
procedural safeguards to go unremedied.”
Lance was sentenced to death by a Georgia court for the 1997 murder of his
ex-wife and her boyfriend. Lance’s trial lawyer – a solo practitioner who was
convinced he could persuade the jury of Lance’s innocence – asked the trial
court to appoint a second lawyer to handle any potential penalty phase. The
court denied that request and also denied a defense motion for funds to retain
expert witnesses to challenge the range of experts hired by the prosecution in
the case. After the court denied his motions, Lance’s lawyer conducted no
penalty-phase investigation and did nothing to prepare for the penalty phase.
Following Lance’s conviction, counsel made no penalty-phase opening statement,
called no witnesses, and presented no mitigating evidence. In his cursory
closing argument, counsel asked the jury to think of Lance’s family and to not
seek vengeance.
New counsel represented Lance in his state post-conviction proceedings and
presented extensive evidence of Lance’s serious cognitive impairments. Four
mental health experts agreed that Lance had brain damage in his frontal lobe,
that his IQ was on the borderline for intellectual disability, and that he
suffered from clinical dementia. While the 3 defense experts agreed that
Lance’s brain damage significantly impaired his ability to control his impulses
and conform his conduct to the law, the state’s expert disagreed about the
extent of his impairment. The trial court overturned Lance’s death sentence,
ruling that counsel had provided ineffective representation. However, the
Georgia Supreme Court reversed, holding that while counsel’s performance was
deficient, the presentation of mitigating evidence would have been futile given
the facts of the murder. On federal habeas corpus review, the Georgia federal
courts ruled that the Georgia Supreme Court had not unreasonably applied
Supreme Court precedent when it upheld Lance’s death sentence.
The 3-justice dissent from the U.S. Supreme Court’s decision not to intervene
argued that the Georgia Supreme Court decision was “an objectively unreasonable
application” of U.S. Supreme Court precedent and had “mischaracterized or
omitted key facts and improperly weighed the evidence.” The evidence of Lance’s
“‘serious’ and ‘significant’” mental impairments, Justice Sotomayor wrote,
“reasonably could have affected at least 1 juror’s assessment of whether Lance
deserved to die for his crimes, and Lance should have been given a chance to
make the case for his life.” Instead, she said, “Lance may well be executed
without any adequately informed jury having decided his fate.”
(source: Death Penalty Information Center)
FLORIDA:
Prosecutors seeking death penalty against man accused of killing pregnant woman
Prosecutors are seeking the death penalty against Jose Soto-Escalera, the man
accused of killing 23-year-old Tania Wise, according to court documents.
In the court filing, the state says they intend to prove the "aggravating
factors" that make the case worthy of the death penalty, including that the
crime was "heinous, atrocious, or cruel" and that the homicide was committed in
a "cold, calculated, and premeditated manner without any pretense moral or
legal justification."
Soto-Escalera, who is married to another woman, used a knife to kill Wise and
their unborn child, according to a 22-page arrest report. Wise, who was 8
months pregnant at the time, suffered from blunt force trauma to the head.
Wise was found Aug. 24 face down in a ditch along Russos Road near Johnston
Road in northern St. Lucie County. Soto-Escalrea was arrested a month later for
the killing.
A DNA test confirmed Soto-Escalera was the father of Wise's unborn baby.
Soto-Escalera's trial is set for next month.
(source: CBS News)
OHIO:
Ohio Supreme Court hears case of inmate who killed girlfriend's parents
The Ohio Supreme Court has heard oral arguments in the case of a man convicted
of killing his ex-girlfriend's parents with a sledgehammer 10 days after
stabbing their daughter.
Shawn Ford Jr. was convicted by a Summit County jury in 2015 of aggravated
murder and other charges in the slayings of Margaret and Jeffrey Schobert 2
years earlier.
That same jury recommended the 24-year-old Ford receive the death penalty for
killing Margaret Schobert, and the judge agreed.
The high court heard arguments Tuesday.
Defense attorneys argue that Ford's low IQ should have prevented the judge from
sentencing their client to death. Prosecutors said the judge heeded the advice
of multiple experts that Ford did not prove he was mentally disabled.
(source: Associated Press)
KENTUCKY:
Death Penalty Abolition Bill Introduced In KY
A bill that would end capital punishment is among the first items of business
for Kentucky lawmakers who began their new session on Tuesday. House Bill 115
was introduced by Rep. Chad McCoy, R-Nelson.
Aaron Bentley, who chairs the Kentucky Coalition to Abolish the Death Penalty,
contended that, nationwide, the trend is moving away from using the death
penalty as punishment for murder, and includes people from all political and
religious affiliations.
"Most death sentences come out of about 4 counties in the country - Harris
County, Texas, being one of the biggest ones," he said. "You know, here in
Kentucky we haven't had a new death sentence since 2010. So, when Kentuckians
are given the opportunity to choose death or life without parole, they choose
life."
HB 115 would convert all current death sentences to life without parole.
According to the Death Penalty Information Center, there were 25 executions in
the United States last year, a record low for the 4th consecutive year.
Forty-two people were sentenced to death, a slight increase from 2017 but a
major decline from more than 300 people in 1996.
Supporters have argued that the death penalty is reserved for the "worst of the
worst," in cases where some believe a sentence of life behind bars would fail
to serve justice. Bentley countered that beyond risking the lives of people who
may be innocent, the death penalty can cause additional pain for the families
of victims and those convicted. He said ending it also would ease some
financial burden for the state, since death-penalty cases are expensive to try.
"Mitigation experts, for example - so, you get extra experts, you're entitled
to 2 attorneys - the costs pile up in these sort of trials," he said. "Then,
assume that you obtain a conviction and obtain a death sentence; there are, of
course, a lot more appeals for someone who's on death row, because we want to
avoid executing an innocent person."
According to the Kentucky Department of Public Advocacy, the estimated cost of
the death penalty is about $10 million a year. While data from the Pew Research
Center showed a slight uptick in support for the death penalty in the past two
years, support overall is down dramatically since the mid-1990s.
(source: WUKY news)
TENNESSEE;
Stories to Watch 2019: Scheduled Executions
After putting 3 men to death in 2018, Tennessee has scheduled 4 executions for
2019
Although death sentences and executions in the United States continued their
long-term decline in 2018 — it was the 4th year in a row that saw fewer than 30
executions nationwide — the death penalty is experiencing a revival in
Tennessee. Ours was 1 of just 8 states to carry out an execution last year, the
same year that Washington became the 20th state to abolish the practice
altogether.
Tennessee shows no signs of slowing down this year. After putting 3 men to
death in 2018 — Billy Ray Irick, Edmund Zagorski and David Earl Miller — the
state has scheduled 4 executions for 2019.
Donnie Johnson, May 16: Johnson was convicted in 1985 for the murder of his
wife, Connie Johnson. His attorneys have argued that his death sentence is
arbitrary and out of step with the sentences handed down for other similar
crimes.
Stephen Michael West, Aug. 15: West was convicted in 1986 for the murders of
Wanda Romines, 51, and her daughter Sheila Romines, 15, and for raping Sheila
Romines. West’s co-defendant, Ronnie Martin, confessed that he was the one who
actually stabbed the 2 women. But because Martin was a juvenile at the time, he
was not eligible for the death penalty. West’s attorneys point to that as
evidence that West’s death sentence is unjust. West also has a history of
severe mental illness.
Charles Walton Wright, Oct. 10: Wright was convicted in 1985 for the murders of
Gerald Mitchell and Douglas Alexander during a drug deal in Nashville. His
attorneys argue that his death sentence was the result of racial bias in
capital cases at the time, and point to numerous other drug-related homicides
that have not led to death sentences. Wright is currently ill with cancer, and
it’s possible he will die in prison before his execution date.
Lee Hall, Dec. 5: Hall was convicted in 1992 for the murder of his
ex-girlfriend, Traci Crozier. He had filled a container with gasoline, stuffed
a paper towel in the top, lit it, and thrown it on Crozier as she sat in her
car. Today, Hall’s attorneys say, he is functionally blind. His attorneys have
argued that executing him in his current state would constitute cruel and
unusual punishment.
2 of the 3 men executed in 2018 chose to die in the electric chair, deeming it
a quicker, relatively preferable death compared to the lethal injection drugs
that medical experts have said cause tortuous pain. Some, if not all, the men
set to die in 2019 could make the same choice.
(source: Nashville Scene)
ARKANSAS:
Local woman pleads innocent to murders; faces death penalty
A local woman who is facing the death penalty for allegedly murdering her
8-year-old daughter and 71-year-old mother in November pleaded not guilty to
multiple charges Tuesday in Garland County Circuit Court.
Melissa "Missy" Ann Galey, 46, who has remained in custody on zero bond since
her arrest the day of the incident on Nov. 21, appeared before Division 4
Circuit Judge Marcia Hearnsberger and pleaded not guilty to 2 counts of capital
murder, each punishable by the death penalty or life in prison, for the deaths
of her daughter, Megan Galey, and mother, Wanda Self. The state has indicated
they plan to seek the death penalty.
Galey also pleaded not guilty to a felony count of arson, punishable by up to 6
years in prison, stemming from allegations she tried to burn down the house she
shared with the victims at 2208 Lakeshore Drive.
An affidavit of indigency was filed at Tuesday's hearing and Galey was granted
a public defender to represent her. Deputy Public Defender Mark Fraiser
appeared on her behalf at the hearing. According to Galey's bail determination
form, she had been unemployed for 2 months prior to her arrest and she
supported 2 children.
A gag order limiting pretrial publicity in the case was issued Tuesday and a
hearing to determine the admissibility of statements Galey made to Hot Springs
police after her arrest is now set for April 16.
According to the probable cause affidavit, on Nov. 21, at around 7:25 a.m.,
police responded to the Lakeshore Drive residence to a possible homicide. As
they approached the glass front door, officers could see the body of a deceased
female child, later identified as Megan Galey, on her back just inside the
doorway covered in blood with what appeared to be multiple stab or puncture
wounds.
Officers located a 2nd victim, an adult female, later identified as Wanda Self,
inside a rear bedroom. She was also on her back, covered in blood, and appeared
to have multiple stab or puncture wounds.
As they searched around the residence, officers reportedly located Galey in the
backyard coming out from underneath the residence. The affidavit notes the area
where Galey was found had "fresh char marks" as if it had been set on fire.
Galey reportedly had blood "all over her clothing" and was detained and brought
to the police department for questioning.
During an interview with Detective Mark Fallis, Galey allegedly admitted to
killing her mother and daughter and attempting to set the house on fire. She
reportedly stated she had been planning the incident for approximately 1 week.
Shortly after Galey's arrest, Sunshine Smith, who identified herself as a
family friend, told The Sentinel-Record Galey's eldest daughter had expressed
concern for the safety of her younger sister.
Smith said Galey's eldest daughter came to her house the night before concerned
about her younger sister because her mother was allegedly claiming "(the father
of her children) was Santa Claus, she was going to end the world, and that the
devil has taken over."
She said they called state Child Protective Services and decided to let them
handle the situation.
In a news release, police Cpl. Joey Williams said Galey had no criminal history
and police had never responded to the Lakeshore residence before for any kind
of criminal activity. He also stated the police believe Galey acted alone.
(source: Hot Springs Sentinel)
UTAH:
Mandatory death sentence for cop killers? Officials say no----Experts claim
mandatory sentencing guideline would be unconstitutional
In the wake of 2 recent police officer killings some social media posters have
called on Utah lawmakers to implement a mandatory death penalty for the
convicted murderers of law enforcement officers but experts say that's not a
plausible option.
State Representative Paul Ray (R-Clearfield) is a former police officer himself
proponent of the death penalty, not as a deterrent but as a solution.
"Any convict that's ever been put to death has never killed again after that,"
Rep. Ray told ABC4 News and that's the problem people forget once they go
inside the prison they're not done killing. Now our correctional officers are
at danger. Other inmates are in danger."
Representative Ray sponsored a 2017 bill that made targeting a law enforcement
officer an aggravating factor that can lead to a death sentence but even he
says that mandatory is going too far.
"I'm never in support of mandatory. I think that control needs to be with the
courts," Rep. Ray said. "But there are very few cases in which I wouldn't
support someone being put to death for killing a law enforcement officer."
Jason Stevenson, the Strategic Communications Director of the American Civil
Liberties Union of Utah told me that the highest court in the land has already
spoken on this issue.
"The Supreme Court ruled back in the 70's that mandatory death penalty is
unconstitutional because it takes away the discretion from the juries about
whether or not to apply that ultimate penalty," Stevenson said. "Juries have a
job to do. They weigh the evidence. They look at the character of the people
involved. They look at the circumstances and they reach their decision."
Stevenson also points out that death penalty cases take decades and can be
extremely costly to prosecute.
Utah's last execution was in 2010 when Ronnie Lee Gardner was put to death by
firing squad 26 years after his crime.
(source: ABC news)
CALIFORNIA:
Kevin Cooper: My thoughts on Gov. Brown’s executive order
I write this missive to you so that you will hear from me about how I feel and
what I think going forward in this fight for my life.
Like all of you, I am happy that we have finally “won” something from some
entity in this state. But after learning what exactly outgoing Gov. Brown wrote
in that executive order I am not as excited as I was at first, or should be.
Gov. Brown waited until there were about 10 working days left in his
administration before he granted us this “very limited DNA testing order and
special master to oversee the testing” while denying us what is possibly the
most important thing that we requested when we asked for a special master and
DNA testing, which is an “innocence investigation.”
This innocence investigation is very, very important because it will allow if
only for the first time expert witnesses for us to be heard in an open forum.
These expert witnesses are a memory expert, a former FBI profiler, a former FBI
special agent, a certified laboratory auditor and an appeals attorney who has
extensive experience in death penalty cases. None of these top experts have
ever testified in any court about what they know about this case.
We can also call for the very first time people who have come forward with new
information about this case and have signed declarations concerning this
information and their willingness to testify in court to what they saw, heard,
were told and know.
There are 6 Brady violations, where the police and district attorney withheld
material exculpatory evidence from my trial attorney.
These are not all, but just a few of the things that we need an innocence
investigation for so that we can expose these truths to the world!
I respectfully ask all of you to please start a petition drive to incoming Gov.
Gavin Newsom asking him to give us an innocence investigation because the truth
cannot be limited as Gov. Brown thinks.
If any of you have any questions, just ask Carole Seligman
(caroleselig...@sbcglobal.net) and she will get the answers to your questions
to you asap. Thank you for your continued help and support in this fight. Let’s
get this petition for an innocence investigation started asap.
With Respect, Appreciation and Solidarity,
Kevin Cooper
Send our brother some love and light: Kevin Cooper, C-65304, 4-EB-82, San
Quentin State Prison, San Quentin, CA 94974.
(source: sfbayview.com)
US MILITARY:
Shadow McClaine's ex-husband asks for change of venue in soldier's slaying as
he faces death penalty trial
Slain soldier Shadow McClaine’s ex-husband wants his death penalty trial to be
moved away from Fort Campbell and is asking a judge to limit what her family
can say if they give an impact statement. He also made a slew of other motions
in the case against him.
Fort Campbell Army Sgt. Jamal Williams-McCray and former Spc. Charles Robinson
III were both charged with murder in the 2016 slaying of Pvt. 1st Class
McClaine, who went missing around Sept. 2, 2016. Her car was found 11 days
later in Nashville and her skeletal remains were found off Interstate 24 in
Robertson County on Jan. 23, 2017.
Robinson pleaded guilty to murder in September 2017 and testified by phone at
Williams-McCray's 2nd preliminary hearing in March of 2018.
Based largely on Robinson's testimony, additional charges were filed against
Williams-McCray in 2018, including multiple conspiracy offenses, obstruction of
justice, sexual assault, attempted murder, solicitation for murder and
premeditated murder.
Williams-McCray appeared in military court at Fort Campbell, Kentucky, on
Wednesday, where motions from his defense team and prosecutors were briefly
read but the presiding judge, Col. Timothy Hayes, did not rule on most of them
and said any oral arguments, if needed, would be heard Feb. 25.
The 9 motions introduced Wednesday also included 4 motions to dismiss or make
changes to what can be considered aggravating factors in the case and two
motions to set aside procedures making it a capital case.
The judge also said he had weighed 15 other motions filed last month. He denied
10 to set aside instructions given in the capital case, 2 motions to dismiss
the case for lack of a grand jury indictment and the defense's request for
access to confidential communications between McClaine and her lawyer before
her death.
He granted access to both sides to her hospital records and some communications
with McClaine's lawyers.
Family members say McClaine, also a soldier stationed at Fort Campbell, and
Williams-McCray divorced about a year-and-a-half before she went missing.
Maj. Rebecca L. Farrell, who is prosecuting the case for the government, said
at previous hearings that McClaine accused him of rape about a year before her
death. There was an active military investigation of Williams-McCray that was
preventing him from being transferred to Korea as he wanted.
Williams-McCray is accused of conspiring with Robinson to kill McClaine and
cover up the death to silence her.
The additional charges from last year, which helped make it a capital case,
came after Robinson testified that Williams-McCray talked to him about his
decision to kill McClaine as far back as June 1, 2016, made several bungled
attempts to kill her by himself and on Aug. 15, 2016, came to Robinson's home
at Fort Campbell and arranged for Robinson to kill McClaine in exchange for
$10,000.
In September 2017, Robinson pleaded guilty to unpremeditated murder, conspiracy
to commit murder and obstruction of justice and was sentenced to 25 years in
military prison, in exchange for honest testimony in the case.
(source: theleafchronicle.com)
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