May 4
NEW HAMPSHIRE:
Sununu vetoes bill to repeal death penalty
New Hampshire Gov. Chris Sununu has vetoed a bill to repeal the death penalty,
but the measure is expected to prevail in the Legislature, which passed it with
veto-proof majorities this session.
The Republican governor was surrounded by law enforcement officers in a
ceremony in Manchester on Friday as he called the bill an injustice to slain
police officer Michael Briggs, law enforcement, and victims of violent crimes.
The repeal would not apply retroactively to Michael Addison, who killed Briggs
in 2006 and is the state's only death row inmate. But supporters of capital
punishment argue courts could see it differently.
Sununu vetoed a similar bill last year. The Legislature did not have enough
votes to override him. But momentum grew after Democrats won control of both
the House and Senate in November.
(source: Associated Press)
PENNSYLVANIA:
Lawmakers talking death penalty at State Capitol
Executions have become a rarity in Pennsylvania with Governor Tom Wolf
instituting a moratorium on the death penalty. Now, some lawmakers want to take
it a step further and abolish the death penalty in the state.
A Pennsylvania inmate has not been executed this century with the last one
happening in 1999, but there are still plenty of inmates sitting on death row
and some lawmakers think it's doing more harm than good.
Democratic lawmakers from both the House and Senate this week announced
legislation to eliminate the death penalty in Pennsylvania.
Senator Katie Muth says, "I think, from a victim's standpoint, it would give
you great peace to know that the actual person that harmed you and your family,
was truly being held accountable, versus someone who did not do those things,
right?"
Supporters cite not only human error, but also cost. Right now, PA has the 5th
highest death row population in the country. Many will end up dying from old
age rather than lethal injection.
Senator Sharif Street says, "We've only executed 3 people since 1978... yet
we've spent countless dollars on countless numbers of appeals and judicial
processes."
Dauphin County District Attorney Fran Chardo says, "These are people that are
the most dangerous offenders. And putting them in general population, where
they can hurt other people, would be an awful thing."
The Pennsylvania District Attorney's Association has spoken out against
removing the death penalty as an option.
Chardo says, "Jurors, not politicians, should be deciding when it's
appropriate." He also says the death penalty is a rarity in Pennsylvania, but
firmly believes that, for some criminals, it remains the most appropriate
punishment. "These are reserved for the most terrible of crimes, and it should
be an option."
(source: yourerie.com)
*****************
Pennsylvania lawmakers unveil bill to end death penalty
Legislation is being introduced in the state's House and Senate that would
abolish the death penalty in Pennsylvania.
Lawmakers behind the bills cite human error causing wrongfully convicted people
be sentenced to death row, as well as high cost.
Pennsylvania has the 5th highest death row population in the country, but many
will never actually be put to death, due to the long appeals process.
"We've only executed 3 people since 1978," said Senator Sharif Street. "Yet,
we've spent countless dollars on countless numbers of appeals and judicial
processes."
The Pennsylvania District Attorneys Association has spoken out against
eliminating the death penalty as an option in the past.
"We use the death penalty very judiciously in Pennsylvania. It's rare, as it
should be, but it's an available option for the most terrible of murderers,"
said Dauphin County District Attorney Fran Chardo. "These are reserved for the
most terrible of crimes, and it should be an option. And jurors are very
capable of deciding when it's an appropriate penalty."
There is currently a moratorium on executions in Pennsylvania. The last time an
inmate was executed in the state was in 1999.
(source: WHTM news)
FLORIDA----impending execution
Bobby Joe Long Denied Stay Of Execution; Surviving Victim Speaks
A judge has denied a stay of execution for convicted serial killer Bobby Joe
Long.
During a hearing Friday morning in Tampa, Long's attorneys asked a judge to
stay the execution, claiming their client could have an adverse reaction to the
drugs used during the lethal injection, making the death penalty cruel and
unusual punishment.
They noted that Long, 65, had gallbladder surgery in 2013 and the anesthesia
didn't work properly, causing Long to wake up during the procedure.
Long had hoped to testify on his own behalf in Tampa Friday but complained that
the restraints used to transport him from the Florida State Prison in Starke to
Tampa were too confining.
"With leg irons, handcuffs, waist chains, a black box on the waist chain, which
goes on top of the handcuffs and locks the handcuffs in place so there is no
flexibility, no movement and that's pulled in the waist chain and pulled tight
against my stomach," said Long in a prison interview Wednesday. "Also, I will
have a shock box on me. That is torture."
However, Hillsborough Circuit Judge Michelle Sisco said she has no authority to
modify the restraints used to transport a death penalty inmate.
After hearing from Long's attorneys on Friday, Sisco upheld Long's death
warrant.
The clock has been ticking for Long since Florida Gov. Ron DeSantis signed his
death warrant on April 23. Long is scheduled to be put to death on Thursday,
May 23 at 6 p.m.
Long spread terror throughout Tampa Bay during a string of serial murders in
the 1980s. He was convicted of killing eight women in Hillsborough County, but
detectives believe there could be more victims including a Pinellas County and
a Pasco County woman.
Long was sentenced to death in 1986. He is among 341 other men and women
currently on Florida's death row. When he is put to death on May 23, Long will
be the 98th person executed in Florida since the state reinstated the death
penalty in 1976.
Hillsborough County Sheriff's Deputy Lisa McVey Noland said she cried when the
governor signed his death warrant.
Noland is the only known victim to escape from Long.
This week, during National Crime Victims Rights Week, Noland and other
survivors were invited to Tallahassee to tell their stories to lawmakers and,
once again, demand justice.
Noland was 17 years old, riding her bike home from her job working nights at a
Tampa doughnut shop at 2:30 a.m. on Nov. 3, 1984, when she encountered Long.
In an interview with the media on Wednesday, Noland remembered hearing the
stories about the murders and was worried about becoming a victim herself.
"And then you think, 'It can't happen to me,' but it did," she said.
Noland said she was suddenly knocked off her bike and pulled into a car. She
felt a gun at her temple.
"When I felt the steel, cold barrel of that gun, it was very familiar," she
said. "My grandma's boyfriend used to put a gun to my head every time he
molested me for 3 years."
Noland said she turned to God for help.
"When we got to the destination, all I saw was trees and I started reciting the
Lord's Prayer," she said. "I remember pleading with God -- whatever you do,
just don't let him kill me."
She said Long ordered her to remove all of her clothing, "and I did," she said.
"He proceeded to escort me into the bathroom and he gives me a shower."
At both knife point and gun point, Long repeatedly raped her.
"The next 26 hours, I was brutally raped by this monster," she said. "Not
molestation, not sexual assault -- it was rape."
Nevertheless, she was determined to survive.
"I was going to do whatever I could to get out of that situation. I wasn't
going to allow anyone else to take anything from me."
In a last-ditch effort to save herself, Noland said she told Long that she had
a sick father that only she could care for. Long finally drove her back to
Hillsborough and Rome avenues, not far from where he abducted her.
"So he drove off. I pulled my blindfold down, and the first thing I saw was
this gorgeous, beautiful oak tree," she said. "That's the moment I knew my life
was about to change for the good. I saw the branches of new life."
Using tips gleaned from watching countless television detective shows, Noland
was able to provide detectives with clues that eventually led to Long's
capture.
Under her blindfold, she caught a glimpse of the word "Magnum" on the name
plate of Long's car. She counted the number of steps to his apartment and made
sure to mark the bathroom with her fingerprints.
"At one time he placed my hands on his face. There were pock marks, a small
mustache, small ears, short hair, clean-cut, kind of stout, but not overweight
-- a big guy," she recalled.
Despite struggling with post-traumatic stress disorder, depression and
nightmares for the past 34 years, Noland declared, "I'm no longer a victim. I'm
a survivor."
She said the experience motivated her to become a Hillsborough County Sheriff's
deputy 17 years ago, to be in a position to not only protect herself but
protect others from predators like Long. She currently works as a school
resource deputy at Buchanan Middle School, not far from where she was abducted.
And she fully intends to be at the state prison on May 23 to watch Long take
his last breath. She said she already knows what she'll be wearing -- a T-shirt
with the word "Long" on the front and the word "Overdue" on the back.
(source: patch.com)
********************************
Serial killer’s challenge of death penalty angers victim’s family----Bobby Joe
Long's lawyers are questioning whether lethal injection would be too painful to
be constitutional.
As attorneys for Bobby Joe Long questioned anesthesiologists and clinical
pharmacists about the drugs used in lethal injection, and whether the dosage
would be painful enough to be unconstitutional, the family of Chanel Williams
sat in dismay.
“To have this person find excuse after excuse not to face his judgment. It's
time. He did that wrong, pay for it. You got to pay for your sins,” said Lula
Williams, Chanel’s mother.
Long murdered 10 women in the Tampa Bay area back in 1984. Nearly 35 years
later, his date with death is set for May 23. However, Long's attorneys are
hoping to postpone his execution by challenging the constitutionality of the
death penalty.
They argued that because Long suffers from seizures and a traumatic brain
injury, the drugs used in lethal injection would cause too much pain, and would
be "cruel and unusual punishment."
However, Lula Williams said it’s time for Long to face his fate.
“He's worried about that. Naw, you go on and take that. You won't know nothing.
It's over,” she said. “The time has come. It's time to end this. He shouldn't
be going on like this."
Long was not in the courtroom although he was scheduled to be. At the last
minute, he decided against making an appearance. He instead decided to listen
in by phone, and would from time to time laugh and make comments.
“It seems like he's enjoying what's going on. like wants to continue to inflict
pain on the family,” said Williams.
The judge did not issue a ruling in the hearing, but said she would do so by 3
p.m. Monday.
(source: WTSP news)
ALABAMA:
Judge rules state can pursue death penalty for Huntsville man police say killed
his daughter----Huntsville police say Lionel Francis shot and killed his
20-month-old daughter, Alexandria Francis, in 2016 after a fight with her
mother.
A Madison County judge has ruled a man accused of killing his own daughter is
eligible for the death penalty.
Huntsville police say the shooting happened in May of 2016 on Lockwood Court,
near Drake and Triana Boulevard. Police say Lionel Francis got into a fight
with the mother of his 20-month-old daughter, Alexandria Francis, leading him
to shooting the young girl in the head. He was arrested and charged with
capital murder.
The state is now seeking the death penalty in the case citing a prior
conviction in North Dakota as the aggravator. However, Francis' lawyers argued
the prior conviction did not justify the death penalty because it was a
misdemeanor in North Dakota not a felony.
"If they lose on that aggravating circumstance then and if the jury finds Mr.
Francis guilty the sentence must be life without parole," said Bruce Gardner
the lawyer for Lionel Francis.
Friday the judge ruled in favor of the state saying the law in Alabama has to
be taken into consideration and the state can use the prior conviction as the
aggravator to pursue the death penalty.
The trial will begin on May 20th. That's when a jury will be selected. Once
they hear the case they will give their recommendation to the judge who will
ultimately have the final say on whether or not Francis will be sentenced to
death.
(source: WAAY news)
LOUISIANA:
Death penalty in La.: $200 million spent, 1 execution in 15 years, says
study----It's the reason why the group Conservatives Concerned About the Death
Penalty want to abolish the death penalty for good.
How much money our legal system is spending on capital punishment?
A study just released by a retired Chief Judge from New Orleans and a Loyola
law professor really delves into the numbers.
They say over the last 15 years, Louisiana has spent more than $200 million on
its death penalty system. It has had only 1 execution during that time.
Then, factor in prosecution, defense, court, corrections and everything else
that maintains the system. The study says it's costing you, the taxpayers, more
than $15 million per year.
The study also says housing someone on death row costs about $58,000 a year.
That’s in contrast to the around $7,000 it costs to house someone in a typical
prison.
It's the reason why the group Conservatives Concerned About the Death Penalty
want to abolish the death penalty for good.
"I think we need to be focused on pursuing criminal justice solutions that are
actually going to cut costs and cut crime,” said Marcus Maldonado with
Conservatives Concerned About the Death Penalty.
"Other states that have abolished the death penalty have saved money by doing
so cause there's so much cost in the legal system. You get appeal, after appeal
and I think that we have to have that buffer between someone's life and the
government taking it from them," he said.
Not all conservatives agree, like Attorney General Jeff Landry.
"I've seen those reports--and really and truly the only place they're fit for
is the trash can,” Landry told Eyewitness News in a telephone interview Friday.
He's extremely passionate about keeping the death penalty right where it is.
“I did now know that we placed a dollar amount on life and justice," Landry
said. "The same people who write these reports tell us about the extreme
amounts of costs and tax dollars for social engineering and programs. Yet they
seem not to worry about tax dollars at that point but all of a sudden become
fiscal conservatives when there's justice involved."
So what's next? The entire state senate will take an up or down vote on Monday,
May 6 on a measure that would end the death penalty in Louisiana.
(source: WWL TV news)
TENNESSEE----impending execution
Selection Of Official Media Witnesses
In accordance with state law, representatives from the following news media
agencies have been selected to witness the execution of inmate Donnie Johnson
#109031. The witnesses were randomly selected from applications from recognized
Tennessee news organizations to serve as statutorily required witnesses.
Seven media witnesses were selected by the Tennessee Department of Correction
during a drawing held at Riverbend Maximum Security Institution located at 7475
Cockrill Bend Boulevard, Nashville, TN. The drawing took place on Tuesday,
April 30th at 9 a.m. CT.
The witnesses are:
1. Travis Loller, Associated Press
2. Adam Tamburin, The Tennessean
3. Chas Sisk, WPLN
4. Kathrine Burgess, The Commercial Appeal
5. Jeni Diprizio, WATN-TV
6. Janice Broach, WMC
7. Luke Jones, WREG-TV
The drawing was conducted in accordance with the Rules of the Tennessee
Department of Correction Adult Services Division, Chapter 0420-3-4, under the
authority of TCA 40-23-116.
(source: tn.gov)
KENTUCKY:
Madden could face death penalty if convicted during jury trial in September
Timothy Madden, the man accused of raping and killing 7-year-old Gabriella
“Gabbi” Doolin in 2015, could face the death penalty if convicted during his
jury trial in September.
Madden is facing murder, kidnapping, 1st-degree rape and 1st-degree sodomy
charges in the death of Gabriella, whose body was discovered in a wooded area
near Allen County-Scottsville High School on Nov. 14, 2015.
During a pretrial conference Friday, Allen Circuit Court Judge Janet Crocker
denied a motion to exclude the death penalty filed by Madden’s court-appointed
attorney Tom Griffiths, of the Department of Public Advocacy.
Before denying the motion, Crocker asked Griffiths why he thinks the death
penalty should be considered by the judiciary and not the legislature.
Griffiths then explained that an American Bar Association report shows that
Kentucky does not meet the capital punishment standards outlined in the
Constitution.
He also added that California Gov. Gavin Newsome recently signed a moratorium
halting all executions in the state, which has the highest number of death-row
inmates nationwide.
Crocker responded that she’s “not a governor,” and opined that such a ruling
should be left to legislators.
Commonwealth’s Attorney Corey Morgan agreed with the judge, whose ruling made
this his 1st case involving the death penalty, which he says he “feels
confident” about.
Griffiths says he has helped clients in Kentucky avoid death row in 6 prior
cases, and hopes to make this the 7th.
“We want to get a resolution in this case that saves Mr. Madden’s life,”
Griffiths said.
If convicted of capital murder, Madden will go through a penalty phase in which
he faces 5 possible punishments including: death, life without possibility of
parole, life without possibility of parole for 20 years, life without
possibility of parole for 25 years, or a sentence between 20-50 years.
The sentence will be decided by the jury and must be unanimous.
There are currently 32 men on death row at the Kentucky State Penitentiary in
Eddyville where there have been 3 executions since 1976, the most recent in
2008.
Crocker also ruled on a series of other defense motions regarding jury
selection, noting that “it takes on a whole new depth” when a case involves
capital punishment.
A motion to include enhanced questions in jury questionnaires to streamline the
selection process was shut down due to the possibility of confusing questions
that lack context and inconsistent answers.
She also denied a motion to take away potential jurors’ phones during the
selection process to circumvent pretrial research on the case, calling it is an
undue “burden” on their day-to-day lives.
Crocker also decided she needed more time to rule on 2 motions including
Griffiths’ desire to withhold certain victim impact evidence, and to include
questionnaire questions about potential jurors’ thoughts surrounding mitigating
circumstances.
At the end of the conference, Crocker granted Morgan’s motion for Madden to
undergo a mental evaluation to determine if he was competent at the time of the
crime.
During the last hearing, Crocker granted Griffiths’ motion to have certain
evidence re-tested for DNA, and it is currently underway at the Serological
Research Institute in California.
The next pretrial conference will be July 3, about 2 months before the trial
begins in Hardin County on Sept. 4.
“Patient, just being patient, I think that’s the biggest thing. It’s just taken
so long so (we’re) just trying to be patient,” said Doolin’s cousin, Lori
Wilson. “It’s still a struggle, and always will be. But moving forward with the
trial and moving forward with this next step, and getting some closure there on
that part is definitely a good step in the next direction.”
(source: Bowling Green Daily News)
CALIFORNIA----death row inmata dies
California Death Row Inmate Dies Of Natural Causes
Authorities say a man who was sent to California’s death row for killing and
mutilating a 5-month-old girl has died of natural causes.
State corrections officials say 56-year-old Brett Pensinger died Thursday night
at a hospital. The specific cause of his death is pending.
Pensinger was sentenced to San Quentin’s death row in 1982 for killing a
5-month-old San Bernardino County girl. Prosecutors say Pensinger, who was then
19, kidnapped Michelle Melander and her brother, Michael, after drinking with
their parents. The infant was killed. Her brother was released unharmed.
Another death row inmate died last month after being found unresponsive in his
cell. 35-year-old Miguel Magallon was sentenced for killing a Los Angeles
County public safety officer during a 2004 robbery.
California now has 735 prisoners on death row.
(source: Associated Press)
****************************
Killer had to be re-sentenced for 1978 murder. Here’s why the judge smirked as
he ruled
Convicted killer Douglas Stankewitz smirked as Fresno County Judge Arlan
Harrell on Friday sentenced him to life in prison without the possibility of
parole.
For Stankewitz, whose lawyers have been trying for decades to overturn his 1978
death penalty conviction, the judge’s ruling was not a surprise.
Harrell said he was left with little choice on how to proceed. A federal
appeals court in 2012 threw out Stankewitz’s death penalty sentence, saying the
jury should have heard evidence of Stankewitz’s troubled childhood. The court’s
ruling didn’t change his murder conviction, however, so the Fresno County
District’s attorney’s office would have to re-argue his sentencing.
Three weeks ago, the DA’s office said it would not pursue the death penalty and
instead seek life in prison without the possibility of parole. Stankewitz
attorney Peter Jones was pushing for life with the possibility of parole. The
judge disagreed.
“The court has but one option ... and that is life without the possibility of
parole,” the judge said.
As for Stankewitz’s smirk, Harrell responded in kind.
“Yes, as a point of fact, I am smirking because Mr. Stankewitz is smirking —
that is the only reason,” Harrell said. “Mr. Stankewitz and I have seen one
another occasionally for quite some time. I have no ill will towards Mr.
Stankewitz.”
Family members of the 60-year-old Stankewitz were disappointed at Friday’s
outcome. Many were hoping this could open the possibility for parole.
“One day we are hoping he can be a free man,” said an aunt, Wilma Lewis. “He
has been in prison for more than 40 years. It just doesn’t seem fair.”
Stankewitz is the longest tenured condemned inmate at San Quentin State Prison.
He was convicted in 1978 for the murder of 22-year-old Theresa Greybeal.
Stankewitz, then 19, plotted with three others to rob and kidnap Greybeal in
Modesto. Greybeal was driven to Fresno, where Stankewitz shot and killed her.
After the murder, Stankewitz told the others in the group: “Did I drop her or
did I drop her?”
Stankewitz has always maintained his innocence and his team of lawyers includes
Jones, famed civil rights attorney Tony Serra and his associate, San Francisco
attorney Curtis Briggs.
Over the years, Stankewitz’s case has been litigated from Superior Court to the
state Supreme Court. The case was tried twice, and both resulted in a guilty
verdict. After the 2st trial, the California Supreme Court reversed the
conviction because Stankewitz’s competency to stand trial was not addressed. He
was found competent prior to the second trial, and he was convicted again.
The 2nd conviction also was appealed, but in 1990 the California Supreme Court
affirmed Stankewitz’s conviction and death sentence.
Stankewitz filed a motion in federal court, saying his attorney did not
investigate and present evidence during the penalty phase of his trial. In
2009, a federal judge affirmed Stankewitz’s guilt but reversed his death
sentence. Three years later, an appeals court agreed with that decision.
(source: fresnobee.com)
*******************************
Tulare County man will remain on Death Row for 1997 double murder
A Tulare County will remain on death row despite Gov. Gavin Newsom’s executive
order signed in March.
This week, the California Supreme Court upheld the conviction and death
sentence of Juan Sanchez.
“There is a reason why Californians support the death penalty, and that reason
is Juan Sanchez,” said District Attorney Tim Ward.
Sanchez, now 54, was found guilty of the 1997 deaths of Ermanda Reyes and
Lorena Martinez.
In the early morning of Aug. 4, 1997, Sanchez broke into Reyes' home. Sanchez
sexually assaulted 17-year-old Martinez and then shot and killed both the
mother and daughter.
Oscar Reyes, 5 at the time, saw his mother and sister died and walked alone to
Reyes' sister-in-law's home for help.
Oscar told the family that his mother and sister were “sleeping,” they were
“bleeding” and “cut,” and he couldn't wake them up.
The sister-in-law went to the home, prosecutors said. The front door was open.
Oscar later told Porterville Sgt. Chris Dempsie that he had been sleeping in
his mother’s bed and woke up to the sound of "firecrackers." The boy said he
saw his mother walking toward the telephone next to his bed. He also saw a man
in the room with her.
He would later tell detectives he knew the suspect and had met him a few days
before.
Several witnesses testified to Sanchez knowing the family. Sanchez confessed to
the murders, but denied raping Lorena.
However, there was evidence on Lorena that she had been raped and sodomized
with a foreign object. Sanchez's DNA wasn't found in the home, according to
court records.
Sanchez was convicted of the double murder and rape in 2004 and sentenced to
death.
His main arguments during his appeal were that Oscar shouldn't have been
allowed to testify. When he did testify, he said he didn't remember many
details.
Sanchez also argued that his confession was coerced. Detectives, he claimed,
threatened to put him in a cell with a “crazy man . . . so he can kill you.” He
also said detectives didn’t read him his Miranda Rights and failed to record
portions of the interviews.
After reviewing the case, Supreme Court justices decided to uphold Sanchez’s
confession and found Oscar's testimony "legally admissible."
Oscar was able to distinguish between the truth and a lie and remembered that
he told officers the truth on the morning his mother and sister were killed,
according to the court's ruling.
Justices found the following:
"Defendant contends the cumulative effect of the asserted errors was
prejudicial. We disagree. Any errors were minimal and had no cumulative
effect."
"Defendant reiterates numerous challenges to California’s death penalty law
that we have repeatedly rejected. We adhere to our previous decisions."
In March, Newsom signed an executive order that establishes a moratorium on
killing convicts on death row.
“Gov. Newsom isn’t the only one protecting this killer; the broken death
penalty process has done that for years," Ward said. "This defendant filed 38
requests to extend the time for filing his appeal and delayed this case for
well over a decade. There must be truth in sentencing – victims are at least
owed that.”
The governor's order granted an immediate reprieve for all individuals
sentenced to death in the state. It drew power from a governor’s ability to
commute death sentences.
Typically, such commutations are done individually.
Sanchez can continue his appeal by filing a writ of habeas corpus. The last
person to be put to death in California was Clarence Ray Allen, who was 76.
Tulare County inmates currently on death row:
Richard Letner, 58
Christopher Tobin, 57
Jose Casares, 62
John Beams, 66
Steven Brown, 50
George Contreras, 43
Juan Sanchez, 54
Refugio Cardenas, 34
Todd Givens, 49
Timothy Young, 48
Donald Young, 50
Samuel Rivera, 32
Christopher Cheary, 28
Eric Jimenez, 34
(source: visaliatimesdelta.com)
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