[Deathpenalty] death penalty news-----TEXAS, CONN., PENN., VA., FLA.

2005-12-31 Thread Rick Halperin




Dec. 31



TEXAS:

Investigators tracked KFC case for decades


James Stroud remembers sitting at the home of his longtime buddy who had
gone missing, offering comfort and encouragement to his friend's parents
and pregnant wife.

After painful hours of waiting, the phone rang. Almost simultaneously
there was a knock on the door. Both messengers brought the same terrible
news: David Maxwell was dead.

Maxwell had been shot in the head and dumped near an oil field, along with
four others who disappeared the night before from the Kentucky Fried
Chicken restaurant where they worked in the small East Texas town of
Kilgore.

That's how the whole family found out, recalled Stroud, at the time a
20-year-old college student and a pall bearer at Maxell's funeral. I
can't even tell you what it's like.

That 1983 day was one of many Stroud would spend focused on what became
known as the Kentucky Fried Chicken killings. Years later, as Rusk County
sheriff, he investigated what is 1 of Texas' longest unsolved murder
cases, helping lay the foundation for 2 murder indictments announced in
November.

Now 43, Stroud is convinced divine guidance led him to go from a business
major into law enforcement. He's equally certain God was instrumental on
the day, as a rookie sheriff, he got a visit from a retired FBI agent who
helped breathe new life into the investigation.

I'm at a point at my life where I can look back and know that God knew
exactly what he was doing, even when I didn't know it, said Stroud, who
now runs a deli and Christian gift shop in downtown Henderson.

It was after 10 p.m. on a Friday night in September when robbers showed up
at the KFC on the main drag through Kilgore, a town of about 11,000 that
was the hub of the 1930s East Texas oil rush.

About an hour later, assistant manager Mary Tyler's daughter arrived to
pick her up from work. Tyler, 37, wasn't there. Neither were her
co-workers Opie Ann Hughes, 39; a Kilgore College fraternity brothers Joey
Johnson, 20; Monty Landers, 19; and Maxwell. Investigators would later
find blood was on the floor and a cash register tape showing about $2,000
had been in the cash box.

On a road that led to an oil field about 15 miles south of Kilgore, an oil
field worker that Saturday morning made the ghastly discovery. The five
KFC workers had been shot in the head from behind. Maxwell, Johnson,
Landers and Tyler were lined up. Hughes was about 50 yards away.

It just doesn't seem like that long ago, Stroud said. We were just
kids. I was just a kid. But at that time, the thing that bothered me the
most was that Lana was pregnant. ... She's going to have a baby and she's
going to be by herself.

In 1990, Stroud joined the Kilgore Police Department. 6 years later, at
age 33, he was elected sheriff and inherited an office where big file
cabinets were filled with KFC case information.

I think there was feeling for a long time that people just didn't think
the case could be solved, Stroud said.

Not long after taking office, he met retired FBI agent George Kieny, who
had spent a good part of his career working the case with the FBI and for
a year with the Texas attorney general's office.

I remember asking: Can it be solved? He said he felt it could be, Stroud
said.

The following year he again bumped into Kieny, and the two talked for a
half hour about the case at a downtown Henderson storefront. That was the
day, in Stroud's mind, where the investigation took an important turn. He
hired Kieny part time.

Instead of trying to come up with some new idea, we decided to look at
everything from the beginning, every report that had been written, every
statement that had been taken, and gather all the evidence we could gather
in the case, Stroud said.

The investigation long had been a roller coaster. Multiple locations.
Multiple victims. Multiple law enforcement agencies. Multiple tips.
Evidence sent to multiple labs.

A grand jury investigated in 1985 but returned no indictments. About a
decade later, a torn fingernail found on one victim led to an indictment,
but capital murder charges were dropped when tests showed the nail was not
the suspect's.

Kieny had been with the FBI office in Tyler since 1971 and arrived in
Kilgore 2 days after the bodies were discovered. His role was to pursue
out-of-state leads. After two years, the Texas Rangers, in charge of the
investigation, asked that Kieny be assigned to the case full time.
Eventually, he had to turn his attention to other cases and away from the
KFC killings.

Instead of working at it every day, you worked it when something came up.
That's what we did for many years, he said.

Kieny retired from the FBI in 1995, and then went to the Texas attorney
general's office. He resigned not long after the office lost interest in
the KFC case when the fingernail indictments fell through.

He continued to stay in touch with Rusk County investigators over the few
years, helping them follow-up on leads until Stroud asked him in 2001 

[Deathpenalty]death penalty news-----LA., USA, OHIO, ILL., ARIZ.

2005-12-31 Thread Rick Halperin




Dec. 31


LOUISIANA:

Lee granted extension in death sentence appeal


Attorneys for convicted serial killer Derrick Todd Lee have been granted a
5-month extension in his death sentence appeal.

Lee was convicted of murdering Charlotte Murray Pace and sentenced to
death in East Baton Rouge Parish in October of 2004. Lee's appeal
attorney, Marcia Widder, says her New Orleans office was devastated by
Hurricane Katrina and she needs extra time to prepare her defense.

Prosecutor John Sinquefield says he agreed with the decision because
there's no doubt Katrina did cause a major disruption to Widder's office.

In her motion, Widder argued that she has not seen a copy of the court
record in the case... a record she terms voluminous. Widder also sent
out a warning to the court, saying she anticipated having to ask for even
more time in the future.

Sinquefield says he'll examine each petition individually before deciding
whether to dispute them.

(source: Associated Press)






USA:

Year in Death


IN 2005, 60 people were executed in the United States -- a tiny increase
from the 59 people put to death in 2004. This figure represents at least a
temporary leveling off of the precipitous decline of capital punishment in
the United States since 1999, when the states executed 98 people. Yet
beneath the surface, signs -- albeit inconsistent signs -- of the death
penalty's decline continue.

According to data from the Death Penalty Information Center, new death
sentences fell dramatically again this year -- to an estimated 96 from 125
in 2004 and 276 in 1999. The overall population of death rows around the
country likewise continued to fall. And this year had a remarkable
development: a state effectively abolishing its death penalty. After the
courts struck down New York's capital punishment law, the state
legislature consciously declined to pass a new one. Even the death-happy
state of Texas is making progress. This year, it executed 19 people --
well below its average of the past decade and fewer than 1/2 of the 40
people it put to death in 2000. What's more, the state legislature passed
a statute allowing juries to impose life in prison without parole as an
alternative to capital punishment. Though it is 2nd to Texas in executions
since 1976, Virginia -- thanks to a courageous commutation by outgoing
Gov. Mark R. Warner -- did not execute anyone this year.

There was some movement against the trend as well. The intense regional
concentration of the death penalty, which had become particularly
pronounced in recent years, seemed to fade a bit this year. More states
carried out executions than in 2004, and more of them were outside of the
South -- the death penalty's heartland. Moreover, while state legislatures
have been reining in capital punishment, Congress has been pushing the
other direction. The federal death penalty keeps expanding, and Congress
this year has been flirting with dangerous legislation to erode federal
review of state capital convictions. That said, the overall tendency is
unmistakable: At least for now, with crime and murder rates low and the
threat of wrongful convictions on people's minds, the death penalty does
not have the same attraction that it once had.

Finally ending the death penalty in America, however, will not happen
quickly. Despite any number of DNA exonerations and some serious questions
raised about whether innocent people have been executed, public support
for capital punishment remains unnervingly strong, if not quite as strong
as it was a few years ago. What is possible now is to begin translating
the apparently lessened enthusiasm for executions into laws that permit it
less often. In only a few states does capital punishment operate as a
day-to-day feature of the criminal justice system. In some states that
permit it, it is never -- or almost never -- used at all. The example of
New York shows that when policymakers are forced to confront the utility
of a largely theoretical death penalty, they may turn their backs on it or
at least restrict it. It is time for opponents of the death penalty to
begin systematically offering other states that opportunity as well.

(source: Editorial, Washington Post)

*

Will the Real USA Please Stand Up?


It is amazing the power of mythology over logic -- mythology which people
can accept and believe regardless of all facts and evidence to the
contrary, mythology about who they are, where they live, what their
history is. It seems to me that no industrial nation suffers more under
the weight of its own myths than the United States. I remember as a child
how in school each morning we would have to repeat a pledge to the
American flag, and we heard again and again how great, wealthy, and
democratic the United States is. These things were told as eternal truths,
and never questioned, while we simultaneously learned about the scientific
method and the importance of factual assessment and logical analysis. I
would like 

[Deathpenalty]death penalty news----CALIF., GA.

2005-12-31 Thread Rick Halperin




Dec. 31


CALIFORNIA:

No public hearing for inmate


Gov. Arnold Schwarzenegger said Friday he would not hold a public clemency
hearing for Clarence Allen, who is scheduled to be executed Jan. 17 for
ordering the murder of 3 people in 1980.

Allen, 75, is the oldest man on death row, and is asking Schwarzenegger
for mercy because he uses a wheelchair, is deaf and blind and suffers from
other medical conditions.

Schwarzenegger has denied clemency to the 3 other condemned prisoners who
have asked him since taking office 2 years ago.

Schwarzenegger could hold a private clemency hearing, as he did earlier
this month for Stanley Tookie Williams, the Crips gang co-founder
executed 2 weeks ago. Schwarzenegger, as California's chief executive,
sets the rules on clemency petitions.

The governor's office has not announced whether Schwarzenegger would hold
private hearings, or whether he would grant clemency to Allen.

While serving time for murder at Folsom State Prison in 1980, Allen was
sentenced to death for hiring a hit man who murdered 3 people at a Fresno
market. Allen had the trio killed because he feared their testimony would
hurt his chances of prevailing at overturning his murder conviction on
appeal, prosecutors said.

The convicted hit man, Billy Ray Hamilton, also is on death row.
Prosecutors said Hamilton was following Allen's orders when he killed
Bryon Schletewitz, Douglas Scott White and Josephine Rocha.

Allen also is petitioning the California Supreme Court to block his
execution, saying it would be unconstitutionally cruel because of his
medical condition. Allen suffered a heart attack in September.

(source: Associated Press)

**

Judaism behind barsChaplain finds congregation at San Quentin


I call them my congregation. But whether or not they can get to chapel is
another story.

Carole Hyman is speaking about Beth Shalom, the congregation at San
Quentin State Prison. For the past year, she has served as the Jewish
chaplain at the Marin County prison.

In this maximum-security facility with the only death row for male
prisoners in the state of California, her congregants are mostly lifers,
with some condemned to be executed.

And since death row prisoners cannot attend services in the chapel, she
must go to them.

Others must make their way through several security checkpoints in order
to get to the chapel.

On a recent Saturday morning, four prisoners showed up to attend services
in a nondescript room with a sign reading Congregation Beth Shalom over
the door.

The same space doubles as a mosque for the Muslim prisoners; the Christian
church and Native American sweat lodge are right next door. The chapels
are in a courtyard just inside the prison's black iron gates.

With its ark, Torah and tallits draped over chairs, Beth Shalom has some
of the trappings of a synagogue anywhere - except for the congregants, all
dressed in light-blue uniforms.

Remarkable diversity

Hyman, who is petite with large glasses, wears a suede kippah around the
prison. She often plays a CD with Jewish songs during services. The Torah
is smaller than usual, and was donated decades ago.

Describing the size of Hyman's congregation is difficult, because prison
is not a place where Jews often want to be out as Jews, she said. But
among those who do identify as Jews, there is a remarkable diversity.

Some formerly secular Jewish prisoners become Orthodox while in prison,
and request kosher food. Then there are those who take an interest in
Judaism and attend services, or take Hymans Bible study class, yet its
clear they have no Jewish background and were not born Jewish.

She makes no distinction, and administers to them all.

If an inmate tells me he wants to practice Judaism and if he's sincere
and demonstrates his commitment to it, then I consider him Jewish, she
said.

There are some 6,000 prisoners at San Quentin, and more than 600 of them
are on death row. Hyman visits more than 10 Jews regularly who are
condemned to die.

Citing the Jewish concepts of the yetzer ha'ra and yetzer ha tov (the
impulse to do bad and the impulse to do good), she said, I haven't met
anyone here that I don't recognize the humanity of.

Hyman, 58, has an unusual background for a prison chaplain. Originally
from Maryland, she grew up in a Reform household. She entered Ohio State
University as a student, but dropped out in 1969 to move to California.

It was a time of great turmoil in this country, and suddenly English and
philosophy didnt seem terribly relevant, she explained.

She moved to Marin, got married and gave birth to 2 daughters. Only after
that did she return to finish college.

Later, the family moved to Sonoma County. Though she was hardly a wine
drinker, the grapevines of her environs piqued her interest. She was also
interested in agriculture, so she did some preparatory classes until she
could enroll at U.C. Davis. Eventually, she got a masters degree in
viticulture and enology.

She 

[Deathpenalty]death penalty news-----worldwide

2005-12-31 Thread Rick Halperin



Dec. 31



CANADA:

Prison ministry teaches need for giving unconditional love


Unconditional love. That's the answer Andy gives me. I'll get to the
question a little later.

Andy is a gentle little man, almost blind, but a greatly gifted musician.
He's also a lifer who's served 30 years and is getting out soon. We are
talking at Frontenac Institution, a minimum-security federal prison in
Kingston, after the Sunday evening chapel service.

I had come to chapel in some trepidation, not knowing what to expect. I
was there for 3 reasons:

First, the passage from Matthew's Gospel about visiting prisoners had been
that morning's reading in church. That passage bugs me. It's like a
thumbtack in my back pocket, reminding me of an uncomfortable reality I'd
just as soon avoid. I live in Kingston, Canada's Prison Central, with no
fewer than 9 federal penal institutions within easy reach. To make this a
little more immediate: I live 6 blocks away from Paul Bernardo.

2nd, people from my church are involved in prison ministry. Through them,
I'd come to realize that there is a whole underground spiritual movement
afoot in this town focused on federal offenders: prison chaplains, of
course, but also many laypeople visiting inmates, looking after inmates'
families and parolees, working with offenders who were being reintroduced
to outside life, running spiritual awakening weekends (called Kairos
weekends) and follow-up services inside prisons.

It's as though there's an underground network of spiritual care-giving for
federal offenders and those who deal with them, and it helps make
connections in this beautiful, strange, oddly disconnected city.

3rd, my own personally beloved murderer - call him Toby - was in deep
trouble.

This was a guy I'd grown to love when we worked alongside each other in
the fall of 2003, chopping onions in a kitchen that serves meals to the
poor 3 times a week.

I wasn't the only person who loved him, by any means. We all did. Toby was
very special - bright, thoughtful, infinitely patient and invariably
courteous, someone who belonged more at Queen's University than in a
federal prison. After a horrible childhood, he'd committed a violent but
unpremeditated murder when he was 18. I met him not long before he was
finally paroled and moved away from Kingston. In his mid-30s, he was newly
married to a wonderful young woman and doing well.

But now all who loved Toby were grieving, me included. He'd blown it,
offended again big-time, and fetched up back in The System, this time
probably for more decades than I want to think about. I wanted to wring
his neck, frankly, but I also needed to know what I could do for him. I
prayed for those whom Toby had hurt, but they weren't mine to care for.
Toby was; I knew that in my gut. So what did Toby need most?

That was the question I asked Andy, after telling him Toby's story. Andy's
answer - unconditional love - didn't surprise me. It's what I would have
expected. It's what Sister Helen Prejean offers those on death row in the
U.S. It's about the only thing that can turn a soul around. Andy is (Andy
knows this) God's beloved child as well as a sinner, and therefore capable
of healing. That, Andy told me, is what Toby has to learn. The only way
Toby's going to learn it is to experience that love from others - love not
in spite of what he's done, or for anything he could ever do, but simply
for who he is. That's the healing, transforming thing.

It's counterintuitive. Faced with a Paul Bernardo, we want to hurt him as
badly as he's hurt others; we want to lock him up and throw away the key.
We want him to suffer, big-time. And Paul Bernardo will indeed spend the
rest of his days behind bars.

But there are those - me among them - who feel that letting someone rot in
jail does not make things better; it's only another life wasted and does
nothing for the victims. Revenge does not bring closure or healing. An
eye for an eye leaves the whole world blind.

Radical as it might sound, Paul Bernardo is also God's child, because all
people are God's children. His deeds can't be undone, and those who he has
hurt deserve all the dignity and support we can give them. But that
doesn't mean he can never be redeemed, or can't experience God's love.
Much as we'd like, we can never cut God off from anyone, whatever he or
she has done. We don't have that power.

The Rev. Fergie Wilson, chaplain at the Regional Treatment Centre (the
psychiatric facility inside Kingston Pen) says that a spiritual
conversion, like that in AA, is the one thing most needful to help
offenders reintegrate safely into society, especially when it's coupled
with ongoing spiritual support. Jeff McGregor, chaplain at Pittsburgh
Institution (the minimum-security facility paired with Joyceville
Institution) tells of the inmates who are transformed and who build safe
communities for each other within those walls.

Finding my way slowly into prison ministry, I don't ask prisoners what
they've done to 

[Deathpenalty]death penalty news-----worldwide

2005-12-31 Thread Rick Halperin





Dec. 31



IRAN:

Iranian Womens Group Hits Out at Death Sentence on Teen Girl


Defaazzanan, an NGO supporting and defending womens rights in Iran, has
joined the protest against the execution of Delaraa Daraabi (she was
reported as Delaraam in our 1st report)

It is now clear that sexuality is not a factor in this case. However, if
the sentence is carried out, Iran will again be acting against the United
Nations International Convention on the Rights of the Child which the
country not only signed, but ratified (only the USA and Somalia have not
ratified).

We make no apologies that is is not a gay or lesbian story. The plight of
Delaraa has to be brought to the attention of all sections of the global
village.

The following is the translation from Persian of Defaazzanans call for
further national and international support against Delaraas execution:

A young girl by the name of Delaraa has been sentenced to public execution
of hanging in the Northern city of Rasht (a port city of the Caspian Sea).
Since coming to power of the Ahmadinejaad, the regimes atrocious
suppressive machine has accelerated the torturing and killing of Iranian
youths and women.

The young Delaraa, who is convicted of murdering a relative, said that she
was engaged to a young man and together they attempted to burgle a rich
relatives house in order to provide for the expenses of their upcoming
marriage. During the burglary, the rich relative woman was murdered. The
court sentenced her to hanging whereas her fianc only received a few years
imprisonment.

Delaraa, at the time of the incident, was only 17 years old and her fianc
had told her that because of her age she would not be punished and that is
why she admitted to the murder. However, she has consistently denied the
allegation and states with sadness and sorrow how could she have killed a
close relative when she has never even hurt a fly before? Delaraa, an
artist who has been painting since childhood, has been kept in Rasht
prison.

The International Committee against the death sentence is protesting
against this sentence and demands the quashing of the sentence.

We plead to all the international organisations and defenders of human
rights to take immediate actions and officially protest and condemn the
Islamic regime.

During the last year, seven young Iranians, whether under 18 or committed
their alleged crime when under 18, have been executed and many more have
received such sentences.

The hanging of children and teenagers in Iran is an appalling and horrible
atrocity, which must be met by the strong reaction of the international
community.

Delaraa, at the time of the committing the alleged crime - even if she was
the perpetrator - was only 17 years of age and does not deserve such a
sentence under any law except the anti-women laws of the Mullahs in Iran.

The executions of children and teenagers are a savage breach of human
rights, which is abolished all over the world. However, everyone knows now
that the Mullahs regime is trying to further suppress the Iranian youths
and women by their atrocities and create fear amongst them.

We must actively protest against this inhumane sentence and call out
everywhere for what crime the deprived-of-rights teenage girls and women
of this land should be tied to the hanging poles? And call out to the
world that the young Iranian women are being sentenced to torture,
imprisonment by a bunch of hateful and anti-women freaks who at night do
their supererogatory prayers and in the day engage in their corrupt
conducts an thievery of the nations wealth.

We, the freedom loving and resistant Iranian women will fiercely
demonstrate our protest if this sentence is carried out. So, let the
regime of Mullahs know that they cannot continue their savage atrocities
and we, the young and aware Iranian women are not prepared to stay silent
or inactive.

(source: UK GayNews)



2 executions, 6 death sentences, including three stonings, in 1 week


The state-run IRNA news agency reported on December 28 the public hangings
of 2 men in Ahwaz, Iran (capital of the southwestern province of
Khuzistan). The 2, identified as Naim Abdoullah Kh. (a.k.a. Rahim) and
Jalil H., had been condemned to death on charges of warring against
God by the Ahwaz Revolutionary Court.

The clerical regimes judiciary also issued a death sentence for a 22
year-old woman according to the Etemad daily on December 25. The daily
Joumhouri also reported that 3 men were each given 2 death by hanging
sentences and 1 death by stoning sentence in the northern Iranian province
of Mazandaran.

The daily Hamshahri reported on December 22 that the death sentence for a
man identified as Taghi had been upheld. The same day, IRNA reported that
a prisoner named Jasem Chak had been condemned to death in Shiraz on
charges of hooliganism.

These bring the number of hangings and death sentences in the past week to
2 and 6 respectively.

The Iranian Resistance condemns the