[Deathpenalty] death penalty news-----worldwide
August 18 PHILIPPINES: 17 death sentences on OFWs commuted But 2 executions final and executory 17 of 49 overseas Filipino workers (OFWs) facing the death penalty have been spared from the sentence. But the sentence on 2 of the OFWs is final and executory. But Foreign Affairs Undersecretary fir Migrant Workers' Affairs Esteban Conejos, whose office has been working on the cases of these OFWs since January last year, said the bad news is not so bad because the child of the 2 OFWs' murder victim has still not reached the age of majority, by which time she may be able to forgive the convicts and spare their lives. We don't foresee any precipitate action with this caseAlready we are initiating ways to reach out to the family of the victim, he told reporters at a press conference Friday. Conejos said 5 of the 17 OFWs whose death sentences have been commuted have already been released from detention and repatriated. 1 repatriated OFW each came from Riyadh, Tehran and Kuala Lumpur, while 2 came from Jeddah. Of the 12 other whose sentences have been commuted, there is 1 each in Singapore, Kuwait, Kuala Lumpur, Cairo, Washington DC and Doha, and 6 in Jeddah. Of the remaining 32 cases, 26 are in various stages of trial or appeal, 5 are under investigation, and 1 -- Reynaldo Cortez -- was executed early this year. Conejos said the commutations were the result of unrelenting efforts of the Philippine government, including high-level representations by President Gloria Macapagal-Arroyo (source: INQ7.net)
[Deathpenalty] death penalty news-----USA, COLO., ALA., CALIF., PENN., MO.
August 18 USA: Attorney general back to his old Texas death-penalty tricks When George W. Bush was governor of Texas and Alberto Gonzales was his legal counsel, the 2 of them had a system. The morning of an execution, Gonzales would send a memo to Bush summarizing the facts of the case and giving Bush the opportunity to stay the killing. At the bottom of each memo, the governor's clemency decision would be made with a simple checkmark next to the word GRANT or DENY. Invariably, Bush checked DENY, even, notoriously, in the case of Terry Washington, a 33-year-old with the mental capacities of a 7-year-old. (The Supreme Court in 2002 ruled the execution of the mentally retarded unconstitutional.) By the end of his 6 years as governor, Bush had approved the execution of 150 men and 2 women, the most of any governor in American history. Gonzales drafted execution memos for the first 57 executions before becoming secretary of state and a justice of the Texas Supreme Court. As Alan Berlow wrote 4 years ago in The Atlantic, a close examination of the Gonzales memoranda suggests that Governor Bush frequently approved executions based on only the most cursory briefings on the issues in dispute. In fact, in these documents Gonzales repeatedly failed to apprise the governor of crucial issues in the cases at hand: ineffective counsel, conflict of interest, mitigating evidence, even actual evidence of innocence. Gonzales and Bush have again positioned themselves to be fast-track arbiters of executions -- for the whole nation. It's a disturbing usurpation of powers previously held by federal judges. It's even more disturbing that Gonzales is the one writing the new rules. His truthfulness and activities as attorney general and as Bush's counsel (from his support of torture to his attempt to strong-arm John Ashcroft, the previous attorney general, while Ashcroft was in a hospital bed, to his machinations over politically motivated firings of federal prosecutors) have been suspect. There's no question that death penalty appeals are long, as they should be, and expensive. The average time for death-row inmates from sentencing to execution rose from 4 years in the early 1980s to 11 years now. But numerous states, including Florida for a while, halted executions as problems with execution methods have multiplied and inmates have been found wrongly convicted. In Florida alone, 22 people have been freed from death row, while 397 inmates are awaiting execution. Delays are not the problem. Hurrying the executioner's conveyor belt is. Until now, federal judges alone had the authority to speed up appeals once a death-row inmate's appeals had been exhausted in state courts. But a little-noticed provision in the USA Patriot Act reauthorization last year strips judges of that authority and grants it to the attorney general. Gonzales' Justice Department is about to write the new rules. But Congress already ratified a fast-track approach in 1996. That's the system designed to give federal judges leeway in deciding how fast to handle a death-penalty appeal, once the judges have established that all necessary procedures had been followed in state courts. The death penalty is a barbaric practice that shouldn't be part of American justice. But so long as it is, severe and, if necessary, cumbersome checks, including the judgments of federal judges, should be a minimum. Gonzales intends to remove that minimum and replace it with -- his judgment. Neither Gonzales nor this administration can be trusted to write fair and just rules regarding the death penalty. (source: News-Journal) COLORADO: Seeking the death penalty El Paso county district attorney John Newsome is asking for the death penalty in the Marco Lee case. He is accused of killing Springs police officer Kenneth Jordan. Former District Attorney Jeanne Smith says seeking the death penalty is the hardest decision made by a prosecutor. To stand up and ask a jury of twelve to take a persons' life is extremely serious, so it is very hard. Marco Lee is accused of shooting police officer Kenneth Jordan last December. The D.A. is asking for the death penalty. Former prosecutor Jeanne Smith knows how agonizing that decision can be. During her tenure, she sought the death penalty for George Woldt. He is convicted for the kidnap, rape and murder of 22 year old Jacine Gielinski. She explains, the proof in a death penalty case has to be strong because it is going to be analyzed with a fine tooth comb. State law outlines when the death penalty is warranted. But a D.A.'s office must consider many other factors - including what lies ahead for the victim's family. Smith says a typical murder case takes two years from the time of arrest to sentencing. A death penalty case can take decades. George Woldt was sentenced to death, but a supreme court decision overturned the sentence. Would she seek it again if she could go back and do it over? The decision to request it is
[Deathpenalty] death penalty news-----TEXAS, CONN., TENN., FLA., KAN.
August 18 TEXAS: Longtime death row inmate loses appeal in federal courtLester Bower of Arlington has maintained his innocence in 4 shooting deaths. He has been on death row for 23 years. An Arlington man who has spent 23 years on death row lost a federal court appeal this week, opening the way for a judge to set an execution date. Lester Bower, 59, has been on death row since 1984 for killing 4 men the previous year in an airplane hangar near Sherman. The 5th U.S. Circuit Court of Appeals, in a ruling posted Friday on an appeal filed by Bower's lawyers, affirmed his conviction. A federal district judge earlier had allowed Bower to pursue claims that his trial lawyer, Jerry Buckner of Weatherford, was ineffective. Bower, one of the most senior Texas inmates, has maintained his innocence in the shooting deaths. Killed were Bob Tate, 51, a Denison building contractor; Ronald Mayes, 39, a former Sherman police officer; Philip Good, 29, a Grayson County sheriff's deputy; and Jerry Mac Brown, 52, a Sherman interior designer. The 4 men were found shot execution-style in a hangar at Tate's ranch northeast of Sherman. Evidence showed that parts of an ultralight plane missing from the hangar later were found in Bower's garage in Arlington. Prosecutors said Bower, a college graduate who worked as a chemical salesman, killed Tate to steal an ultralight plane that was for sale for $4,000. Authorities said that the other 3 were gunned down when they unexpectedly showed up at the hangar. Tate's wife and stepson went to the hangar when he did not arrive at home and found Mayes' body in a pool of blood. Police found Good, Tate and Brown rolled in a blue carpet in the hangar. Each had been shot twice in the head. Mayes had been shot once in the head and repeatedly in the torso. No murder weapon was recovered but investigators found 11 spent .22 casings in the hangar. Tate's ultralight plane also was missing. Investigators looking at phone records determined that Bower had responded to an advertisement placed by Good, who was helping Tate find a buyer for the aircraft. Questioned by the FBI, Bower denied meeting Good or Tate and denied buying the plane, according to court documents. But detectives searching Bower's home found pieces of the plane and arrested him in January 1984. Bower has been locked up since then. In his appeal, Bower argued that his lawyer, a neighbor of his father-in-law's, did a poor job defending him by not investigating properly and by not calling Bower to testify. The appeals court said its review of the trial record shows the lawyer interviewed all the relevant witnesses as well as investigated potential leads and attempted to place this information before the jury through vigorous cross-examination. The appeal also said that the victims were killed in a drug deal that went wrong. Buckner testified at an evidentiary hearing that he checked out the rumors of a drug deal but couldn't find anyone to corroborate them and that police found no plausible evidence of other suspects. He testified that Bower himself had made the decision not to testify. Taking all the evidence together, the record does not indicate that Buckner failed to investigate or prepare for trial, and we find that his performance was not deficient, the court ruled. Bower testified at an evidentiary hearing in 2000 that he did meet with Good, Brown and Tate and had purchased the plane. He also said he read about the slayings in a newspaper but decided to not say anything because he didn't want to become a suspect. He had no previous prison record. Bower had been under a court-ordered reprieve since 1992. His attorneys filed a motion for a new trial, but it took 8 years for that request to be heard by a judge. It was another 2 years before it was turned down, although the judge allowed him to pursue the appeal that finally was acted on by the New Orleans-based appeals court panel. (source: Fort Worth Star-Telegram) CONNECTICUT: Appeal Of Death Sentence PlannedLawyers For Jessie Campbell III Have 20 Days To Appoint Representation For Challenge One day after convicted double-murderer Jessie Campbell III became the 8th member of Connecticut's death row, his lawyers said his sentence will be appealed. Campbell, 27, of Bloomfield, was convicted in May 2004 of capital felony, 2 counts of murder, one count of attempted murder, first-degree assault and criminal possession of a pistol or revolver. The murder and assault charges stemmed from an ongoing domestic dispute that Campbell had with La-Taysha Logan, 20, the mother of his son, Jessie IV. Campbell's defense team of public defenders has 20 days to appoint a lawyer to handle the appeal, according to state law. There's definitely going to be an appeal, attorney Ronald Gold said Friday. Gold is 1 of 2 public defenders who represented Campbell for nearly 7 years. After Campbell's conviction, the jury could not come to a unanimous decision about
[Deathpenalty] death penalty news----TENNESSEE
August 18 TENNESSEEnew execution date Chattanooga Man Set For Execution On Sept. 11 Harbison On Death Row For 1983 Murder A Chattanooga man is slated to be executed on Sept. 11 for the 1983 murder of Mrs. Frank Russell. Edward Jerome Harbison has been on death row since his conviction of 1st-degree murder in a trial in 1984. On the night of Jan. 15, 1983, Frank Russell came home to find his wife dead in their home. The house was in disarray and had been burglarized, and there were signs of a struggle. After an investigation, the police went to the home of Janice Duckett, who was Harbison's girlfriend. There, the police recovered items taken from the Russells' home. Police said Harbison, when confronted, confessed to the killing. According to the confession, he and David Schreane went to the Russell home, found no one home, and began putting items from the home into Schreane's car. Mrs. Russell returned home, discovered the two men inside, and struggled with Harbison, who said he hit her several times with a marble vase, breaking all of the bones in her head. However, at his trial, Harbison petitioner testified that he did not kill the victim and was at Janice Ducketts apartment on the night of the crime. He said he confessed to killing the victim because the police threatened to arrest Ms. Duckett and take away her children. Janice Duckett also testified at the trial that Harbison was at her home on the night of the murder. The Tennessee Supreme Court upheld the conviction in 1986, and various appeals have continued since that time. (source: The Chattanoogan)
[Deathpenalty] death penalty news-----TEXAS, MO., US MIL., TENN., USA, ARK.
Aug. 18 TEXAS: Grand jury indicts man in death of baby girl A 22-year-old Shamrock man was indicted Wednesday in the death of his baby daughter. Justin Wayne Womack was indicted by a Wheeler County grand jury on a charge of capital murder. He is accused of shaking 7-month-old Crystal Nicole Womack to death. Womack was arrested in April shortly after Crystal died, and remains at the Wheeler County Jail on a $250,000 bond. According to the 31st District Attorney's Office, a decision has not been made on whether to seek the death penalty. 2 other children were placed in foster care by the Texas Department of Family and Protective Services when Womack was arrested. Greg Cunningham, spokesman for the department, said the children still are in protective care. We tend to be very careful in these circumstances about ensuring that environment (they are returning to) is going to be safe for those kids, he said. Cunningham said the investigation confirmed abuse by Womack, but did not find any abuse on behalf of Crystal's mother, Heather Thomas. No trial date has been set for Womack. (source: The Amarillo Globe-News) MISSOURI: Appeals court lifts stay on executions Condemned inmate Michael Taylor could soon face an execution date - even as he plans to ask the U.S. Supreme Court to hear his case on the constitutionality of Missouri's lethal injection method. A ruling yesterday by a federal appeals court in St. Louis effectively cleared the way for the Missouri Supreme Court to set execution dates for Taylor and 9 other condemned inmates sought by Attorney General Jay Nixon. The Eighth U.S. Circuit Court of Appeals' action effectively lifted a federal district judge's stay on all Missouri executions that has been in place since June 2006. What is now in effect is a 3-judge appeals court panel decision in June that said Missouri's execution procedure is not cruel and unusual punishment. The full appeals court on Aug. 7 refused to take up Taylor's case. Taylor's attorney, Ginger Anders, said she will ask the U.S. Supreme Court to review the appeals court's decision. But she acknowledged the Missouri Supreme Court can act whenever it wants to set an execution date for her client. The U.S. Supreme Court won't reconvene until the fall, but it could consider an expedited review. We're looking at options, Anders said. In June, Nixon asked the state Supreme Court to set execution dates for Taylor and 9 other condemned inmates - more than 1/5 of the 44 inmates on death row in the state. That request still stands, Nixon spokesman Scott Holste said yesterday. We are prepared to defend against any additional attempts by Mr. Taylor to stave off his sentence, Holste said. Missouri Supreme Court spokeswoman Beth Riggert said she couldn't predict how or when the judges might rule on Nixon's request to set execution dates. The Missouri Department of Corrections confirmed it doesn't have an execution team in place yet. Last year, the federal judge who imposed the execution moratorium, U.S. District Judge Fernando Gaitan Jr., said he wanted to be sure that the 3-drug injection method did not cause risk of pain and suffering. Gaitan wanted the state to involve a doctor specializing in anesthesia, but the state has been unable to find such a doctor willing to participate in the executions. The 3-judge panel on June 4 reversed Gaitan's ruling, saying the state's execution protocol is designed to ensure a quick, indeed a painless, death, eliminating the need for the continuing careful, watchful eye of an anesthesiologist or one trained in anesthesiology. Missouri hasn't executed an inmate since convicted killer Marlin Gray was put to death in October 2005. The debate centers on the administration of three drugs to accomplish the execution. The argument is that if the initial anesthetic does not take hold, a third drug that stops the heart can be excruciatingly painful. But the inmate would not be able to communicate the pain because of a 2nd drug that paralyzes him. Missouri is among at least nine states that have put executions on hold as they grapple with whether lethal injection is inhumane. Taylor, convicted of killing 15-year-old Ann Harrison in 1989 in Kansas City after kidnapping her from a school bus stop, was hours away from being executed in February 2006 when the procedure was halted. The appeals court yesterday also upheld the conviction and death sentence of methamphetamine dealer John Middleton, who killed a meth dealer in 1995 in Harrison County. He also faces the death penalty for killing 2 people in Mercer County. (source: Associated Press) US MILITARY: Acquitted Soldier Faces Court-Martial A Soldier acquitted of a triple slaying in civilian court 18 years ago will face a court-martial for the same crimes, an Army general ordered Friday. The Army will try Master Sgt. Timothy Hennis on three counts of premeditated murder in the May 1985 deaths of Kathryn Eastburn, 31,
[Deathpenalty] death penalty news----worldwide
Aug. 18 SAUDI ARABIA: 2 Saudis beheaded for murder, rape 2 Saudis were beheaded by the sword yesterday after one was convicted of murdering a compatriot and the other was found guilty of raping a young girl, the interior ministry said. Aaed bin Ajab Al Qahtani was convicted of shooting dead Moataz Shagmoom Al Shibani during a fight with a friend of the victim, the ministry said in a statement carried by the official SPA news agency. Fahed Abdullah Al Bureidi was found guilty of sexual assault in a repulsive manner against an underage girl, it said in a separate statement. Bureidi, who was caught in possession of a narcotic substance, also had a criminal record which included 2 cases of sodomy-one involving a minor boy-and 8 thefts, SPA added. Their executions took to 121 the number of people put to death by Saudi Arabia this year, already outstripping the previous record of 113 during all of 2000. Executions are usually carried out in public in Saudi Arabia. Rape, murder, apostasy, armed robbery and drug trafficking can all carry the death penalty in the oil-rich kingdom. (source: AFP)
