[Deathpenalty] death penalty news----TEXAS
URGENT ACTION APPEAL 05 January 2007 UA 07/07Death penalty / Legal concern USA (Texas) Johnathan Bryant Moore (m), white, aged 32 Johnathan Moore is scheduled to be executed on 17 January 2007 in Texas. He was sentenced to death in November 1996 for the murder of a police officer in San Antonio in January 1995. San Antonio police officer Fabian Dominguez, aged 29, was shot dead in the early hours of 15 January 1995 outside a house where a burglary was in progress. Two days later, after a high-speed car chase, 20-year-old Johnathan Moore was arrested. He told police that he and two others had burgled the house in question and were about to drive away when their way was blocked by Officer Dominguez. Moore said that he shot the officer after the latter pointed his gun through the car window. At the trial, Johnathan Moore pleaded not guilty by reason of insanity, a very difficult plea on which to prevail. The defence lawyers argued that, as a result of the defendant's mental illness, the symptoms of which had for some time included paranoid delusions that authority figures, particularly the police, were trying to kill him, Johnathan Moore had not realized his conduct was wrong at the time of the crime and had feared that Officer Dominguez was going to shoot him. The court-appointed lawyers suspected that Moore might be incompetent to stand trial - that is, unable to assist them or have a rational understanding of the proceedings. The judge appointed a mental health expert, Dr Michael Arambula, to examine him. Dr Arambula and his colleague Dr Margot Zuelzer concluded that Moore was suffering from schizoaffective disorder, a serious mental illness combining symptoms of schizophrenia such as delusions or hallucinations with a mood disorder such as depression. They were not asked to report to the court on the question of Moore's competence to stand trial. They warned the defense lawyers that, while Moore might currently be competent to stand trial, his mental health could deteriorate into incompetence under the stress of a trial, particularly if he incorporated his lawyers into his delusional thinking. The trial began five months later. Under Texas law, if evidence is brought to the attention of the trial judge raising a bona fide doubt about the defendant's competence to stand trial, the judge must suspend the proceedings and empanel a new jury to decide the issue. Although there were indications of Moore's mental health deteriorating during the trial - he became variously withdrawn or disruptive, and sought to represent himself - the lawyers did not ask for a competency hearing. According to a 2005 appeal brief, by the time of the trial, Moore had begun ''to suspect that his own lawyers were part of the larger conspiracy to kill him, and eventually refused to cooperate with them at all. By the time of jury selection, he had effectively withdrawn his attention from the proceedings altogether, and spent most of his time in the courtroom leafing idly through books and magazines''. At a post-conviction hearing, the lawyers would recall that they had suspected that Moore was mentally ill from the time they first met him and that it had become increasingly difficult during the trial to communicate with him. Outbursts by Moore during the trial included his interrupting of witnesses. For example, when one witness was asked whether they had seen the post-arrest photographs of Moore, Moore intervened: ''Does Jesus Christ have a long hair and a beard? You've seen pictures of Him. What makes the difference between Jesus Christ and Charles Manson?'' The Texas Court of Criminal Appeals would later dismiss claims that such outbursts were evidence of the need for a competency hearing, stating that they were ''timely, topical, and logically related to the questions and answers offered during the examination of other witnesses''. The defense presented Drs Arambula and Zuelzer, who testified that in their opinion Moore had been suffering from serious mental illness at the time of the crime and that he had been legally insane as a result. The defense also presented lay witnesses, detailing Moore's difficult family life, his commitment to a mental hospital and treatment with psychotropic medication during his adolescence, and his increasing paranoia as a young adult. In rebuttal, the prosecution presented two doctors who testified that in their opinion Johnathan Moore did not suffer from a serious mental illness and was legally sane at the time of the shooting. The jury rejected the insanity defense and convicted Moore of capital murder. At the sentencing phase, Johnathan Moore again sought to discharge his lawyers, and represented himself for the first two days of proceedings. The defense lawyers sought a competency hearing, but without recalling the mental health experts, who therefore never testified at any stage on the question of Moore's competence to stand trial. The judge rejected the motion, the sentencing
[Deathpenalty] death penalty news----worldwide
Jan. 6 IRAN: Stop Stonings in Iran, But Don't Confuse the Issu The ritual of stoning is codified in the Islamic Penal Code of Iran. Treated like a Muslim corpse, the victim, usually a woman, is washed and wrapped in shrouds. She is then buried in a ditch up to her shoulders and then stoned by a crowd surrounding her. The stones should be neither too small nor too large, but just the right size to guarantee a gradual and excruciating death. Although a man, too, might be sentenced to stoning for adultery, the legitimacy of polygamy and extra-marital sex (sigheh) often allows men to escape punishment. In May 2006, a woman and a man, Mahboubeh M. and Abbas H., were stoned to death in Mashhad. There are currently 8 people--7 women and a man--sentenced to stoning. In response to recent criticism of the practice by the European Union, Jamal Karimi-Rad, the Iranian minister of justice and spokesperson for the judiciary, publicly denied that stoning is practiced here. That has generated considerable uncertainty and concern about those sentenced to stoning. Could it mean that the government still means to kill them, just by other means? 2 women were hanged in Tehran and Ghazvin for adultery in 2006. Worst Form of Violence Stoning is the worst product of discrimination and violence against women in Iran, who in many ways enjoy remarkable freedoms and rights. Nearly 80 % of Iranian women are literate, around 95 % of school-age girls and female teens are enrolled in school. The percentage of boys and girls enrolled in grade school is nearly even; 49 to 51. More than 1/2 of college students are female. Although discrimination and sexual harassment do trouble the work place, there is almost no legal barrier to women's employment in the public and private sectors. The enforced gender segregation of many aspects of society by the government has even helped women occupy positions equivalent to men in education, health and the service industry. But while girls and women enjoy some equality in the public sphere it ends at the household door, where gender discrimination and violence is officially sanctioned by the Family Law and supported by the penal codes. The Family Law declares the husband the head of the household with exclusive rights to divorce and child custody and allows him to practice polygamy and commit honor killing without penalty. A girl in Iran is considered mature for marriage at age 13 and might be forced into an arranged marriage. Once married, she has no right to divorce and is obliged by the law to satisfy her husband's sexual demands. Rape is not recognized in a marital relationship. In case of divorce, the woman would have no custody rights. If a woman finds herself trapped in an unhappy marriage and commits adultery, she will be sentenced to death by stoning. Campaign Launched in October In October, some women's rights activists and lawyers launched the Stop Stoning Forever campaign in Iran to eradicate the law of stoning. 6 weeks later, the European Parliament passed a resolution on violation of human rights in Iran and demanded stoning to be abolished. The campaign has so far been successful in saving two women from stoning. Parisa A. and Hajieh Esmailvand, each a mother of 2 children, were defended through the appeal process by the campaign's volunteer lawyers. While campaign activists continue their efforts to save others, they aim to revise the law. The success of this campaign depends on international support. We Iranian women are inspired by and have been learning from U.S. women's struggles for their rights. Now that it is time to put our learning into action, we ask for the support and solidarity of American women and men. But we do not want our outreach to U.S. people to be confused in any way with support for the policies of the current U.S. administration. We want our culture and people to be respected and advanced by legal means. We work in a peaceful way that seeks engagement. The Bush administration, by contrast, darkens 2007 with the threat of bombings of our nuclear facilities. Women Worse Off in Region Our outreach to American people should similarly not be confused with support for the U.S. attacks on Afghanistan and Iraq. Those attacks came with a promise to bring gender equality along with democracy to those countries. Years later, women in the region find themselves in a worse situation. In Iraq, kidnappings, rapes and honor killings are now far more common. In Afghanistan, the Taliban is raising its ugly and violent reach for power and control. In Iran, the United States has repeatedly announced its interest in a regime change and has allocated $70 million to support internal political opposition. This has caused the current Iranian regime to see the hand of the United States at work in every movement for social and legal change. Because the women's movement is chief among these we find ourselves undermined by an air of suspicion about our
[Deathpenalty] death penalty news----worldwide
Jan. 6 IRAN: Stop Stonings in Iran, But Don't Confuse the Issu The ritual of stoning is codified in the Islamic Penal Code of Iran. Treated like a Muslim corpse, the victim, usually a woman, is washed and wrapped in shrouds. She is then buried in a ditch up to her shoulders and then stoned by a crowd surrounding her. The stones should be neither too small nor too large, but just the right size to guarantee a gradual and excruciating death. Although a man, too, might be sentenced to stoning for adultery, the legitimacy of polygamy and extra-marital sex (sigheh) often allows men to escape punishment. In May 2006, a woman and a man, Mahboubeh M. and Abbas H., were stoned to death in Mashhad. There are currently 8 people--7 women and a man--sentenced to stoning. In response to recent criticism of the practice by the European Union, Jamal Karimi-Rad, the Iranian minister of justice and spokesperson for the judiciary, publicly denied that stoning is practiced here. That has generated considerable uncertainty and concern about those sentenced to stoning. Could it mean that the government still means to kill them, just by other means? 2 women were hanged in Tehran and Ghazvin for adultery in 2006. Worst Form of Violence Stoning is the worst product of discrimination and violence against women in Iran, who in many ways enjoy remarkable freedoms and rights. Nearly 80 % of Iranian women are literate, around 95 % of school-age girls and female teens are enrolled in school. The percentage of boys and girls enrolled in grade school is nearly even; 49 to 51. More than 1/2 of college students are female. Although discrimination and sexual harassment do trouble the work place, there is almost no legal barrier to women's employment in the public and private sectors. The enforced gender segregation of many aspects of society by the government has even helped women occupy positions equivalent to men in education, health and the service industry. But while girls and women enjoy some equality in the public sphere it ends at the household door, where gender discrimination and violence is officially sanctioned by the Family Law and supported by the penal codes. The Family Law declares the husband the head of the household with exclusive rights to divorce and child custody and allows him to practice polygamy and commit honor killing without penalty. A girl in Iran is considered mature for marriage at age 13 and might be forced into an arranged marriage. Once married, she has no right to divorce and is obliged by the law to satisfy her husband's sexual demands. Rape is not recognized in a marital relationship. In case of divorce, the woman would have no custody rights. If a woman finds herself trapped in an unhappy marriage and commits adultery, she will be sentenced to death by stoning. Campaign Launched in October In October, some women's rights activists and lawyers launched the Stop Stoning Forever campaign in Iran to eradicate the law of stoning. 6 weeks later, the European Parliament passed a resolution on violation of human rights in Iran and demanded stoning to be abolished. The campaign has so far been successful in saving two women from stoning. Parisa A. and Hajieh Esmailvand, each a mother of 2 children, were defended through the appeal process by the campaign's volunteer lawyers. While campaign activists continue their efforts to save others, they aim to revise the law. The success of this campaign depends on international support. We Iranian women are inspired by and have been learning from U.S. women's struggles for their rights. Now that it is time to put our learning into action, we ask for the support and solidarity of American women and men. But we do not want our outreach to U.S. people to be confused in any way with support for the policies of the current U.S. administration. We want our culture and people to be respected and advanced by legal means. We work in a peaceful way that seeks engagement. The Bush administration, by contrast, darkens 2007 with the threat of bombings of our nuclear facilities. Women Worse Off in Region Our outreach to American people should similarly not be confused with support for the U.S. attacks on Afghanistan and Iraq. Those attacks came with a promise to bring gender equality along with democracy to those countries. Years later, women in the region find themselves in a worse situation. In Iraq, kidnappings, rapes and honor killings are now far more common. In Afghanistan, the Taliban is raising its ugly and violent reach for power and control. In Iran, the United States has repeatedly announced its interest in a regime change and has allocated $70 million to support internal political opposition. This has caused the current Iranian regime to see the hand of the United States at work in every movement for social and legal change. Because the women's movement is chief among these we find ourselves undermined by an air of suspicion about our
[Deathpenalty] death penalty news----ALABAMA
Jan. 6 ALABAMA: Talladega, St. Clair counties grant few death sentences Although the state of Alabama as a whole is bucking the national trend of declining numbers of convicted murderers sentenced to death, there has been only 1 death sentence handed down in Talladega and St. Clair counties in the last 6 years. According to the Death Penalty Information Center, a record low of 114 inmates were condemned to die in 2006, down from 128 in 2005. But Alabama courts handed down 13 in 2006, up from 10 in 2005. Although lethal injection was recommended by a Talladega County jury, a 2003 case against Jimmy Lee Brooks Jr. originated in Russell County. It was moved to Talladega due to pretrial publicity, but was prosecuted by the Russell County District Attorneys Office, and the ultimate sentence was imposed by a Russell County circuit judge. Except for the Brooks case, the death penalty was last handed down in Talladega in 2000. The last death penalty in St. Clair County was a year before that. Nationally, one of the frequently cited concerns regarding the death penalty is in the area of judicial override, meaning that the judge is not bound by a jury's recommendation at sentencing. According to the Associated Press, Alabama and Florida are the only remaining death penalty states with judicial override, and only Alabama allows a judge to impose a death sentence when a majority of the jurors vote for life without parole. The last capital murder trial we had in St. Clair was the retrial of a man previously sentenced to death for beating his 4-year-old son to death, St. Clair County District Attorney Richard Minor said. There was a flaw in the jury instruction, and the case was remanded. The jury convicted him a 2nd time, and again recommended the death penalty, but the judge chose to sentence him to life without parole instead. I can actually think of 2 or 3 other cases like that in the last few years, so when people talk about doing away with judicial overrides, they might want to be careful what they wish for. I've seen more death penalty recommendations overridden than I have life without parole recommendations. Minor speculated this might be the case because with St. Clair County being so conservative, judicial overrides might not be as significant an issue here as, say, Jefferson County. Most of the legislators I've heard talking about this seem to be from the Jefferson County area, anyway. Since the last death sentence was imposed in a local case in Talladega, four capital murder indictments have made it to trial, all resulting in sentences of life without possibility of parole. According to District Attorney Steve Giddens, 2 of the cases were resolved by pleas and in the other 2 the ultimate sanction did not apply. One because of a loophole in the capital murder statute and the other based on a recent U.S. Supreme Court decision. In the former instance, the state Legislature amended the capital murder statute to include murder by shooting into and from a vehicle. The Legislature did not similarly amend the list of aggravating circumstances that a jury can consider when deciding between death and life without parole. The latter involved a defendant with an IQ of less than 70. The U.S. Supreme Court ruled in Atkins v. Virginia that executing a defendant meeting the legal definition of mentally retarded constituted cruel and unusual punishment. There is currently only 1 capital case pending in St. Clair County, and 5 pending in Talladega County. Whether or not a defendant gets the death penalty depends on their being convicted of a capital crime based on the law and the evidence, Giddens said. I don't really have an opinion on the numbers other than to say that I do not seek the death penalty arbitrarily. The facts are questions for the jury, and they make a recommendation to the judge. That's the way it's always been. Minor said he didn't really know why there had been so few recent capital prosecutions in St. Clair County. There was a time a few years ago when we had 5 or 6 pending at a time, just left and right, he said. Violent crime is down nationally, and we have not seen a great number of homicides here, although we just found a body in Riverside 2 days ago, so maybe I shouldn't say that. We've seen a decrease in manufacturing cases, but most of our other felonies have remained pretty constant. The last alleged capital murder in Talladega County was in 2005, and the oldest pending case is a remand for a conviction more than 20 years ago. The remaining 3 have been pending for several years now, for a variety of reasons, according to Giddens. Everything takes time, he said. You have to wait on the autopsy, then for forensics, for ballistics, and now with Atkins you need to make sure the defendants IQ is over 70. Then you need to conduct a hearing on that. Then you have hearings on defense requests for independent DNA, independent forensic analysis, a psychiatric evaluation,
[Deathpenalty] death penalty news----worldwide
Jan. 6 MARYLAND: Advocates plan to push for end of death penalty in Maryland Stricter oversight of the states crime laboratories and better standards governing eyewitness identification during police investigations are among the proposals criminal justice advocacy groups and some lawmakers plan to push for in Annapolis this year. They also will seek repeal of Marylands death penalty. You have a governor now who would sign a bill if it passes, and we hope will lend his leadership, his political and moral support and leadership, to the repeal, said Del. Samuel I. Sandy Rosenberg, the Baltimore Democrat who is the lead sponsor for death penalty repeal legislation. Gov.-elect Martin OMalley has said that while he personally is opposed to the death penalty, he would defer to court rulings giving opponents of capital punishment cause for optimism. Executions were halted last month after the Court of Appeals ruled that Maryland adopted its execution protocols without complying to provisions of the Administrative Procedure Act. Cynthia M. Boersma, legislative director for the ACLU of Maryland, said advocates also plan to argue that repealing the death penalty would save the state money. We have a governor-elect who has been public about his personal opposition to the death penalty and his opinion that its cost is not justified, and considering how costly it is to administer a death penalty, it would be more cost-effective to eliminate the death penalty and put the associated savings into more effective public-safety efforts, she said. Some of the proposals are intended to improve the integrity of criminal prosecutions, Boersma said. One such proposal would place crime labs under the state Department of Health and Mental Hygiene, the same agency that monitors medical labs. We're looking for oversight comparable to clinical lab oversight: the ability to license, set standards, enforce standards and work with labs to maintain those standards to prevent erroneous convictions and ensure that accurate forensic science evidence is being used in court, Boersma said. Faulty forensic analysis has resulted in the conviction of innocent people and the guilty going free, Laurel Albin, a lobbyist for the public defender, told The (Baltimore) Daily Record. The public defenders office and the ACLU of Maryland also support legislation setting standards for eyewitness photo arrays and lineups. About 85 % of wrongful convictions nationwide involve mistaken eyewitness identifications, Boersma said. Lineups and photo arrays are often conducted by the person who is investigating the case, who already believes he or she knows who the perpetrator is, Boersma said. She said eyewitness identification procedures should be done by a 3rd party who does not know who the suspect is. Witnesses should also be told that they can choose not to identify any of the people in the lineup or the photo array instead of being told to choose the person who looks most like the perpetrator, she said. Over 30 years of research into the psychology of memory and identification and investigations show that this is calculated to produce inaccurate eyewitness identification, Boersma said. (source: Associated Press)
