[Deathpenalty] death penalty news----worldwide

2008-02-14 Thread Rick Halperin




Feb. 14



KUWAIT:

Death row rapist nabbed, Syrian 'friend' robs Kuwaiti


Officers of the Sentences Enforcement Department Wednesday arrested an
Asian expatriate who was earlier sentenced to death in absentia in a
kidnapping and rape case.

Allegedly, the Asian was found guilty of kidnapping an Indonesian woman
and raping her at gunpoint. Securitymen tracked him and arrested him at
his hideout in Farwaniya.

He was handed to authorities for the execution of his sentence.

(source: Arab Times)






UKRAINE:

Rada communist leaders for death penalty


Rada committee on legal support for law-enforcement activities has
recommended VR to pass a bill in the first reading reinstituting a death
penalty. Violence caused by maniacs raises special concern as they
terrorize the populace and kill tens of Ukrainians. Saving the lives of
such cut-throats has little to do with humanitarian issues, the bill
authors say. Communist lawmaker Oleksandr Holub who initiated the bill has
this to say:

We are speaking about premeditated and especially ruthless murders,
murders committed after a preliminary complicity by a group of persons and
coupled with rape.

- How did the discussion of your bill in VR go? What were the main
arguments of your opponents?

The discussion aroused interest. The bill was supported by 7 committee
members, with 4 voting against. According to opponents, Ukraine has to
meet its obligations to international organizations, specifically, to the
European Union. My arguments were: Ukrainian do not walk the safe streets
of the EU, they walk our streets and parks where they are raped,
burglarized and killed.

- There is no conclusive evidence that the death penalty is an efficient
deterrent to crime. On the contrary, there are many facts about fatal
mistakes of investigation and courts in sentencing the wrong people to
death. A life sentence can allow to correct these mistakes, while
reinstitution of a death penalty takes away this chance.

We propose that death sentences be passed by a jury. To avoid fatal
mistakes, we also propose that death sentence prisoners be executed only 6
months after the appropriate court verdict.

Now about the deterrent to crime. In the Soviet Union about 2,000
premeditated murders were committed annually. Nowadays, more than 5,000
are registered. This is a telling statistics.

According to Amnesty International NGO, 80 countries have cancelled a
death penalty for all kinds of crimes, 15 countries cancelled it with
exceptions, and 23 countries have laws banning it but these laws are not
enforced.

Simultaneously, 78 countries use a death penalty, among them the United
States, Jaspan, China and Egypt.

(source: Western Information Agency)






INDIA:

'Zero tolerance policy'  Possible death penalty to hijackers instead
of life imprisonment


The government has responded to the growing terror threat after TIMES NOW
exposed the ULFA's plot to hijack a plane. It has been learnt that the
Civil Aviation Minister -- Praful Patel -- wants death penalty, instead of
the present life sentence for those plotting to hijack a plane.

The Indian government is in a process of ammending The Anti-Hijacking Act
of 1982, which provides a maximum penalty of life sentence for hijacking.
As per the new law, anyone convicted of planning to use a plane as a
missile is likely to receive death penalty. Praful Patel brought the issue
to the cabinet on Thursday (February 14, 2008) and he is likely to get a
nod from his colleagues. The minister said, Hijacking is an unpardonable
crime and the government wants to send out a strong message.

The new measures will flow from the anti-hijacking policy cleared by the
Cabinet Committee on Security in August 2005. It allows shooting down of a
hostile plane if there is conclusive evidence that it is likely to be
used as a missile to blow up strategic establishments, on the lines of
the 9/11 Al-Qaeda attacks in the US in 2001. The policy will recognise
that, hijacked aircraft can be transformed into a hostile entity.

These new amendments, will make the law more stringent, and has proposed
death sentence for hijackers who use or seek to use the aircraft as a
missile. The move was undertaken by the government with the aim to
reduce the reaction time and has proposed that if an aircraft registered
in India is hijacked, personnel at all airports will have the power to
immobilise the same without seeking any permission from superior
authorities. The airborne hijacked plane, according to the new proposal,
will be immediately surrounded by fighter aircrafts within the Indian
airspace. The Indian Air Force has been given the authority to take
necessary steps for scrambling fighters to guard and guide the hijacked
aircraft and force it to land on an Indian airport, according to the
anti-hijack policy of 2005.

India is yet too recover from the shocking IC 814 hijacking in 1999 where
the Vajpayee government was forced to release three wanted criminals
including 

[Deathpenalty] death penalty news----OHIO, TENN., IDAHO, PENN.

2008-02-14 Thread Rick Halperin




Feb. 14



OHIO:

Former Prosecutor Says Ohio's Death Penalty System Works


Bob Desanto says safeguards are in place to prevent the innocent from
making it as far as the death chamber.

The former Ashland County Prosecutor says Ohio's death penalty system
works. Bob Desanto says safeguards are in place to prevent the innocent
from making it as far as the death chamber.

Desanto's talk at the Hawkins-Conard Student Center at Ashland University
is part of the university's Dead Man Walking Project. This discourse on
capital punishment will bring nationally known death penalty opponent
Sister Helen Prejean to the Ashland campus next week.

Ashland University's theatre department is producing the play, Dead Man
Walking written by actor Tim Robbbins and based on the book by Sister
Prejean. She will present a lecture and book signing on Saturday Feb.23 at
3 p.m.

(source: WMFD News)






TENNESSEE:

Christian, Newsom suspect to face death penalty, trials still a year away


It will be nearly a year before one of the accused murderers of Channon
Christian and Christopher Newsom goes to trial.

On Thursday, Judge Richard Baumgartner set Letalvis Cobbins' trial date
for January 26th, 2009.

Cobbins, Lemaricus Davidson, George Thomas, and Vanessa Coleman are all
charged in connection with the young couple's murders.

In the court room, the parents of the 2 victims never seemed to take their
eyes off of the suspects.

Vanessa Coleman was the 1st to be called in, and District Attorney Randy
Nichols immediately turned in an intent to seek the death penalty against
her.

Colemans trial date has not yet been set for her yet, but she'll be back
in court March 3rd to take up scheduling issues.

Letalvis Cobbins, 25, will also face the death penalty in his trial, which
Judge Baumgartner moved from May 12th to January 26th, 2009.

Because Cobbins is the 1st of the 4 separate trials, the other 3 suspects
also will not likely face trial until 2009.

Judge Baumgartner said while the trial seems a long ways away, a capitol
punishment case is not something you can rush, and it's typical for some
trials to take up to 4 years to prepare.

He went on to say the trial will take place in Knox County, but he won't
decide on where the jury will come from until April 24th.

Eric Boyd will go to trial in federal court on April 7th.

He is accused of sheltering Lemaricus Davidson in a North Knoxville home
right after last January's deadly carjacking.

Davidson and George Thomas were not in court on Thursday, but have a
hearing scheduled for March 3rd.

(source: WVLT News)

**

Prosecutors want death penalty for female defendant in carjacking murders
 Murder trials move closer for 2 suspects accused of killing a young
Knox County couple.


Channon Christian and Christopher Newsom were carjacked and murdered in
January 2007.

Vanessa Coleman and Letalvis Cobbins are 2 of the 4 that face a number of
charges, including murder. Both Coleman and Cobbins had a motions hearing
Thursday morning.

District Attorney Randy Nichols dropped a bombshell at the beginning of
Venessa Coleman's hearing. Nichols told the judge that the state will seek
the death penalty for Coleman.

After that development, her motions hearing was reset for March.

Judge Richard Baumgartner ruled on more than 80 different motions in
Latalvis Cobbins's hearing. One decision not made is whether there should
be a change of venue.

There have been demonstrations in this case, rallies and so forth. We
expect that there will be more, Kimberly Parton, Cobbins's attorney told
the judge.

How can we say that the people in this jurisdiction can't be fair to a
defendant without even asking them, judge? asked District Attorney Randy
Nichols. How do we do that?

Judge Baumgartner plans to rule on the change of venue in an upcoming
hearing.

Cobbins's attorney also accused law enforcement officials of raiding her
client's jail cell, taking legal documents.

The judge ruled that any handwritten letters from Cobbins to his attorney
not be taken.

The Knox County Sheriff's Department said the cell was raided prior to a
court appearance, which is policy. They also said no legal documents were
taken.

Cobbins's trial is set for January 2009. He is also facing the death
penalty.

(source: WBIR News)






IDAHO:

Former Idaho Death Row Inmate Convicted in Retrial of Murdering Texas
Couple


A jury has convicted former death row inmate Mark Lankford of killing a
Texas couple in 1983 in north Idaho.

Lankford was granted a new trial after the 9th U.S. Circuit Court of
Appeals ruled he must be retried or released because of a jury instruction
error in his 1st trial.

Jurors in Wallace, Idaho, deliberated not quite 4 hours before finding
Lankford guilty of 2 counts of 1st-degree murder in the beating deaths of
27-year-old U.S. Marine Capt. Robert Bravence, and his 24-year-old wife,
Cheryl Bravence.

Lankford and his younger brother, Bryan Lankford, were convicted of the

[Deathpenalty] death penalty news----ARIZ., USA, NEB., OKLA., GA.

2008-02-14 Thread Rick Halperin




Feb. 14


ARIZONA:

Cop killer's lawyer appeals sentence to state's top court


The defense attorney for a man sentenced to death for the 2003 murder of a
Tucson police officer argued to the Arizona Supreme Court on Thursday that
jurors considering the sentence didn't sufficiently take into account
mitigating factors.

David Darby, an appellate attorney representing John Montenegro Cruz, said
Cruz's attorney presented 17 mitigating factors that could have spared
Cruz the death sentence while the prosecution offered one aggravating
factor.

It is our position that the jury abused its discretion in finding that
the mitigating factors were not sufficiently substantial to call for
leniency, Darby said.

After a 6-week trial, a Pima County Superior Court jury convicted Cruz in
2005 of first-degree murder in the shooting death of Officer Patrick K.
Hardesty. Authorities said Cruz, now 38, was fleeing the scene of a
hit-and-run accident when Hardesty began chasing him on foot.

Hardesty was the 1st Tucson police officer killed in the line of duty in
more than 2 decades.

Darby asked the justices to consider 22 issues ranging from jury selection
to the fact that Cruz was forced during the trial to wear a belt capable
of delivering an electric shock.

The justices appeared particularly interested in the issue of residual
doubt, the idea that even though a defendant has been convicted beyond a
reasonable doubt there still is enough doubt to cause a jury to refrain
from imposing a death sentence.

Darby noted that there were no eyewitnesses to the killing.

Darby argued that Judge Ted Borek should have allowed Cruz's attorney to
present evidence to support the notion of residual doubt as a mitigating
factor and should have instructed jurors on how to consider residual doubt
in deciding the sentence. Instead, the defense was allowed only to mention
the issue.

Chief Justice Ruth McGregor said it is impossible to know what evidence
influenced which jurors. She said the real question is whether the jury
was reasonable in reaching its decision to sentence Cruz to death.

Is there enough there that a reasonable jury could've reached this
result? she asked. Why is there something wrong with doing it in this
context?

Because life is different, Darby responded. You're deciding whether or
not a human being is going to live or die.

Darby also argued that Cruz couldn't communicate with his attorney
adequately during the trial because he was forced to wear a stun belt, a
device that subdues with a strong electric shock.

Kent Cattani, chief counsel of the state Attorney General Office's Capital
Litigation Section, said Cruz's attorney had an opportunity to call for a
hearing after Cruz complained about the belt but never did so.

I think you would have to defer to the judges who are looking at the
defendant and reading the reports and hearing from the correctional
officers explaining why it's necessary in this case, Cattani said.

In his appeal to the Supreme Court, Darby questioned whether it was
acceptable to allow one of the state's witnesses to testify while
intoxicated and whether the trial judge should have granted a mistrial
over possible changes to the testimony of the state's DNA expert.

The justices were to rule at a later date on whether Cruz is entitled to a
new trial or resentencing.

(source: Tucson Citizen)

***

Supreme Court Upholds 2 Death Sentences


The Arizona Supreme Court has upheld death sentences for a man convicted
thanks to DNA in a cold-case investigation and another convicted in the
contract killing of a Paradise Valley socialite.

James Cornell Harrod was sentenced to death for the 1988 murder of Jeanne
Tovrea. The widow of a cattle baron was shot to death at her home.
Authorities alleged Tovrea's stepson was implicated but he was not charged
in the case.

Frank Dale McCray was sentenced to death for the 1987 murder of Chestene
Cummins. McCray was charged while in prison on a sex crime after his DNA
was found to match evidence in the Cummins murder 13 years earlier.

Both men were resentenced in recent years as a result of a U.S. Supreme
Court ruling in an unrelated Arizona case.

(source: KPHO News)






USA:

9/11 Justice: Executing terrorists not in nation's best interest


The U.S. government's plan to seek the death penalty against 6 Guantnamo
Bay detainees in the Sept. 11 attacks is bound to have enthusiastic public
appeal. It might seem fitting punishment for anyone found responsible for
nearly 3,000 deaths, 600 more than in the Japanese ambush at Pearl Harbor.

Yet the effort to assign guilt for the barbaric Sept. 11 raids  this
generation's own day of infamy  should not end in an execution chamber.
That would not be in this nation's best interest.

Carrying out the death penalty would put the government's questionable and
untested military tribunal system on trial simultaneously. It's a test the
nation could not afford to fail as it tries to assert moral authority in