[Deathpenalty] death penalty news----worldwide
Jan. 28 INDIA: 1st death penalty in a drug crime case In the 1st ever case of capital punishment in a drug crime, a special Narcotics court in Chandigarh has awarded death penalty to a person while sentencing an African national to 15-years of Rigorous Imprisonment (RI). The court of Special Judge (Narcotic Drugs and Physchotropic Substances Act) Shalini Singh Nagpal awarded death sentence to one Paramjeet Singh for trafficking 10 kilograms of Heroin and supplying it to an African national Sestus Benson in 2007. Till now the maximum punishment in drug crime has been RI and a heavy fine. "Paramjeet was arrested by the Narcotics Control Bureau (NCB) on November 30, 2007 in Chandigarh's sector-39 as he was illegally delivering 10kg Heroin to Benson. What made his crime grave was that Paramjeet was out on parole granted by a Delhi Court in another drug trafficking case," NCB Special Public Prosecutor Kailash Chander said. This is a 1st-ever case of capital punishment being awarded in a drugs trafficking case. Benson has been awarded an RI of 15 years and a fine of Rs 1.5 lakh by the court, Chander said. NCB Zonal Director Rohit Katiyar confirmed the development to PTI and said the judgement in the case was historic and would act as a "deterrent in illegal drugs and crime cases". "This is a historic judgement. The judgememnt will go a long way in curbing the menace of narcotics abuse in the country, especially amongst the youth," Katiyar said. Paramjeet was earlier arrested by the agency in Delhi in 2005 and was granted parole by a Delhi Court and the Chandigarh court not only relied on this fact but also the NCB probe to deliver today's judgement under the Prevention of Illicit Traffick in Narcotic Drugs and Physchotropic Substances Act (PIT NDPS), Chander said. (source: Hindustan Times) ___ DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/ ~~~ A free service of WashLaw http://washlaw.edu (785)670.1088 ~~~
[Deathpenalty] death penalty news-----NEV., CALIF., VA., FLA., GA., ALA., KY.
Jan. 28 NEVADA: Judge weighs whether death penalty is appropriate in Wendover murder case Toni Fratto was articulate and attentive in court Friday until she came to the word "guilty." Then, the 19-year-old started to cry. "You willfully and unlawfully, with malice and forethought, did kill and murder another human being," Judge Daniel Papez said, summarizing the crime and her guilty plea to second-degree murder, "in concert with Kody Cree Patten." Fratto admitted that on March 3, she struck Micaela "Mickey" Costanzo, 16, in the back with a shovel and sat on her legs while Kody Patten cut the girl's throat. When Papez asked if Fratto knew then that Micaela had been killed, she replied: "No. I was in the car when all of that went down." The judge then outlined the plea agreement that allowed Fratto to plead guilty to a reduced charge of second-degree murder. The plea ensured that she couldn't receive a death sentence or a life prison sentence without the possibility of parole. When she is sentenced April 16, Fratto faces a minimum of 11 years in prison. Her attorney, John Springgate, estimated an 18-year sentence for the murder charge and an enhancement for the use of a dangerous weapon. Fratto was visibly emotional both when she was advised of the prison time and when she recounted her part in Micaela's death. As part of Fratto's plea deal, she will testify against the man she once planned to marry during his trial. The judge on Friday scheduled a 2-week trial for Patten to begin July 31, according to Patten's attorney, John Ohlson. Fratto and Patten are accused of taking Micaela, their fellow classmate at West Wendover High School, to a remote desert area near the Utah-Nevada border after Micaela's track practice on March 3. In court documents, Patten told investigators he twice pushed Micaela to the ground during a fight, the second time causing her to hit her head on a rock. He claimed she then went into "some sort of seizure," he panicked and struck her in the head with a shovel. Micaela's body was found in a shallow grave on March 5. Patten was arrested days later. Fratto's only tie to the killing was a recorded confession she gave to Patten's attorney nearly 2 months later. At a preliminary hearing last year, however, attorneys for Patten and Fratto pointed to the other's client as the primary instigator in Micaela's death. While no definite motive for the killing has been discussed, Ohlson said Fratto was the catalyst for the assault because she was jealous of Micaela, who was a friend of Patten. "Kody had no motive, no reason," Ohlson said Friday. "This little girl was his childhood friend. He had no beef." Springgate, said Friday he could not comment on what may have motivated his client to participate in the murder, but said the deal was an acknowledgment that Fratto "came forward and is accepting her responsibility in these events." Fratto's parents, who have said that their daughter fabricated the confession because she loves Patten, said Friday they believe the account she gave in court and that she did have some involvement in Micaela's death. "Toni is a very courageous and honest person," her mother, Cassie Fratto, said after the hearing. "She couldn't live with this and this was the only right thing to do and she knew that and made this decision herself." Cassie Fratto said she speaks with her daughter often and believes she is very remorseful about what happened and is determined to see the truth come out. Claude Fratto, the woman's father, said that while he believes his daughter is also a victim, he was pleased with her decision to plead guilty. "It's very, very difficult, but the family is in full support of this," her father said. "She's doing well. It's a big burden lifted off of her." At a separate hearing earlier in the day, Patten sat quietly and intently in a red Elko County sheriff's jumpsuit Friday as his attorneys literally argued for his life. Prosecutors have filed notice that they intend to seek the death penalty against Patten, 18, who is charged with first-degree murder in Micaela's death. Ohlson filed a motion to take the death penalty off the table. "(This case) relies on one, single aggravating factor," he told Papez, arguing that prosecutors can't use the same aggravating incident to get both a conviction and a death penalty sentence. In this case, the allegation is that Patten and Fratto killed Micaela at the same time they were committing a kidnapping. Prosecutors plan to use the kidnapping as a factor in a possible conviction of 1st-degree murder. Jurors could convict a person of that crime if they believe it occurred during the commission of another felony. Prosecutors also want to use the kidnapping as an aggravated factor during a possible penalty stage to determine whether a death sentence is warranted. Prosecutor Mark Torvinen told the judge that the matter is
[Deathpenalty] death penalty news----TEXAS, CONN., MISS., NEB., N.C.
Jan. 28 TEXAS: Long-time Texas death row inmate loses appealMan on Texas death row since 1986 loses federal court appeal that challenged all-white jury A longtime Texas death row inmate from Houston has lost a federal court appeal that argued his trial lawyers were deficient for not challenging the selection of an all-white jury to consider his capital murder case. Appeals lawyers for 53-year-old Willie Washington contended years later they found Harris County prosecutors had made race notations on juror questionnaires that indicate the jury selected for his 1986 trial was improper. Washington is black. The 5th U.S. Circuit Court of Appeals Thursday joined lower courts that rejected the arguments, saying the challenge could have been raised during jury selection or much earlier in the appeals process following Washington's conviction. Washington was condemned for fatally shooting a Houston grocery store employee during a December 1985 robbery. He doesn't have an execution date. (source: Associated Press) CONNECTICUT: Komisarjevsky denies blame as death sentence passed A man convicted of murdering a woman and her 2 daughters in a 2007 home invasion has tried to deflect blame, as a judge sentenced him to die. Joshua Komisarjevsky, 31, was ordered to face lethal injection after emotional statements from family members of the victims. The crime shocked America and helped defeat a bill to abolish the death penalty in the state of Connecticut. Komisarjevsky's accomplice, Steven Hayes, was sentenced to death in 2010. The 2 were on parole for burglary when they broke into a home in Cheshire, Connecticut. 'Personal holocaust' While Dr William Petit was tied up, his wife Jennifer Hawke-Petit was forced to withdraw money from her bank. She was then raped by Hayes and strangled to death. Hawke-Petit's 11-year-old daughter, Michaela, was sexually assaulted by Komisarjevsky. Both girls were tied to their beds and left to die as the house was doused in petrol and set on fire. The only survivor, Dr Petit, was beaten with a baseball bat and tied up but escaped. He testified during Friday's sentencing hearing that the crime had been a "personal holocaust". "I lost my family and my home,'' he said. "They were three special people. Your children are your jewels.'' Defence lawyers had argued that Komisarjevsky, convicted of sexual assault and murder in October, should be spared execution in light of the abuse he suffered as a boy. But Judge Jon Blue disagreed and told the convicted man he had brought the harshest sentence on himself. In court on Friday, Komisarjevsky acknowledged he had hurt many people, but insisted that he never raped the girl and had not intended to kill. "They were never supposed to lose their lives," said Komisarjevsky, who will become the 11th man on Connecticut's death row. "I know my responsibilities, but what I cannot do is carry the responsibilities of the actions of another,'' Komisarjevsky said. "I did not want those innocent women to die.'' During the trial, Komisarjevsky and Hayes blamed each other for escalating the crime. Being condemned to death was a "surreal experience", Komisarjevsky added. Talking about the penalty, he said: "I wonder when the killing will end." They are not likely to be put to death soon, as both cases will be automatically appealed, a process that could last decades. (source: BBC News) see: http://www.youtube.com/watch?v=hRWzqAlzHCQ (source: WTNH News) MISSISSIPPI: Death penalty sought in slayingsTrial set April 9 for pair accused of killing couple The death penalty will be sought against two men accused of killing a Terry-area couple in their home last year and leaving the couple's then-7-month-old baby alone in the house without food and water. In January 2011, Robert Carter, 26, and Renita Mark, his 24-year-old fiancee, were found dead in their home on Timberidge Road, two days after Hinds County sheriff's deputies say they were shot to death. Dwaliues Deon Carter, 30, the male victim's brother, and Travaris Christian, 21, are charged with capital murder. Christian, who is already serving a 25-year sentence for a probation violation on a house burglary conviction, was back in court Friday. "We're seeking the death penalty," Assistant District Attorney Brad Hutto said in court. Hutto didn't give a reason for the decision, but the district attorney's office had said the nature of the crime might warrant seeking the death penalty. It's the 1st time the district attorney's office has stated publicly it would seek the death penalty in the case. Assistant Public Defender Alison Kelly asked Circuit Judge Winston Kidd to approve money for his defense to hire a capital mitigation investigation specialist, who can do research on Christian's life to try to find reasons why he shouldn't be sentenced to death if convicted of capi
