[Deathpenalty] death penalty news----TEXAS, PENN., OHIO, IND., USA
May 24 TEXAS: Death sentence upheld for Blaine Milam, another East Texas killer An appeals court upheld the death sentence for a Rusk County man convicted in the 2008 beating death of his girlfriend's 13-month-old daughter. Texas Court of Criminal Appeals upheld the ruling. Evidence showed the child was bitten some 30 times and beaten with a hammer at Milam's Rusk County trailer. In a 2nd case, 25-year-old Demontrell Miller was sent to death row for the 2008 beating death of his girlfriend's 2-year-old son while he was babysitting the boy and his own 5-month-old son at a Tyler apartment complex. The court Wednesday rejected what attorneys for the convicts said were 20 errors at Milam's trial and 28 at Miller's trial. Neither man has an execution date and both could pursue federal appeals. (source: News-Journal) PENNSYLVANIA: Judge admonishes Hitcho during closings in cop murder sentencing George Hitcho Jr. was the judge, jury and the executioner when he shot and killed a Freemansburg police officer last summer and his actions merit a death sentence, District Attorney John Morganelli argued in his closing statements Thursday. A Northampton County jury must decide whether Hitcho should be sentenced to die by lethal injection or spend the rest of his life in prison without parole for killing Officer Robert A. Lasso. The same panel last week found Hitcho guilty of 1st-degree murder after deliberating just 35 minutes. During Morganelli's closing arguments before the jury, Hitcho occasionally shook his head back and forth. I'm tired, I'm tired of hearing his lies, Hitcho told one of his defense team, Michael Corcoran, in a voice that could be heard during Morganelli's argument. Hitcho's muttering prompted Judge Anthony Beltrami to interrupt Morganelli and address the defense table. You need to use a whisper when you talk with your counsel, Beltrami told Hitcho. Morganelli argued the jury should sentence Hitcho to death because it's the verdict he deserves, not the verdict he desires. If Hitcho is sentenced to life in prison without parole, he'll still have the company of other inmates and will be visited by friends and family, Morganelli said. Give him the same compassion he showed Officer Lasso when he shot him in the head, Morganelli said. Give him the same mercy. After a short recess Thursday morning, Chief Public Defender Michael Corriere will argue to the jury why Hitcho's life should be spared. Beltrami said after he gives legal instruction, the jury will begin deliberation. On Aug. 11, Lasso was at Hitcho's New Street home after being called for an argument between Hitcho and a neighbor. Police said Lasso was being attacked by Hitcho's dogs and was moving to use his stun gun against them when he was felled by a 12-gauge blast from behind. Over three days in this week's sentencing hearing, Corriere sought to paint Hitcho in human terms by showcasing the good and bad throughout the 46 years of his life. Corriere called Hitcho an otherwise nonviolent man who faced many challenges, including drug and alcohol dependency, and physical and possibly sexual abuse. Defense witnesses claimed that Hitcho suffered from brain damage from motorcycle accidents that left him prone to anger, frustration and agitation. Chronic pain also set him on edge, and had gotten worse after a 2007 motorcycle crash that made it difficult for him to work, according to defense testimony. In the months before the shooting, Hitcho had become increasingly paranoid, pushing away friends and leading an isolated existence, Corriere said. Morganelli said nothing from Hitcho's life offsets the killing of Lasso. He dismissed claims of brain damage as manufactured. He also argued there was violence in Hitcho's past, highlighting a protection-from-abuse order his former wife got against him. Morganelli said Hitcho deserves to be executed for a crime that targeted a protector of the community and left a family shattered. Jurors also heard this week from Lasso's loved ones, who described the heartbreak they have suffered since the 31-year-old married father of two was killed. For a death sentence to be imposed, all 12 jurors must agree it is appropriate. (source: The Morning Call) OHIO: Condemned Ohio inmates' injection claim denied A federal judge has rejected claims by 2 condemned Ohio inmates challenging the constitutionality of the state's lethal injection process. The 2 are the next inmates scheduled to die in the state, with Abdul Awkal set for execution June 6 and John Eley set to die July 26. The 2 challenged Ohio's lethal injection process on the grounds it fails to guarantee the state won't execute someone who is insane, mentally disabled or was a juvenile when the crime was committed. U.S. District Court Judge Gregory Frost on Wednesday said Awkal and Eley have misunderstood Ohio's long-running injection lawsuit, which
[Deathpenalty] death penalty news----MO., CALIF., ARIZ., LA.
May 24 MISSOURI: Missouri opts for untested drug for executions The same anesthetic that caused the overdose death of pop star Michael Jackson is now the drug of choice for executions in Missouri, causing a stir among critics who question how the state can guarantee a drug untested for lethal injection won. Last week the Missouri Department of Corrections announced it was switching from its longstanding 3-drug method to use of a single drug, propofol. Missouri would be the 1st state ever to use propofol as an execution drug. This is very, very concerning with a drug that we don't know, and seeing the problems of the 1-drug method, said Kathleen Holmes of Missourians for Alternatives to the Death Penalty. Until recently, the 33 states with the death penalty used a virtually identical 3-drug process: Sodium thiopental was administered to put the inmate to sleep, then two other drugs stopped the heart and lungs. But makers of sodium thiopental have stopped selling it for use in executions. Supplies mostly ran out or expired, forcing states to consider alternatives. Most states have retained the 3-drug method but turned to pentobarbital as a replacement for sodium thiopental. Pentobarbital, a barbiturate used to treat anxiety and convulsive disorders such as epilepsy, has been used in roughly 50 executions over the past 2 years, said Richard Dieter, executive director of the Washington-based Death Penalty Information Center. But its use may be short-lived as its maker also opposes selling it for use in executions. The statement announcing the change in Missouri said the decision was due to the unavailability of sodium thiopental but did not elaborate on why propofol was chosen. The protocol change was administrative and did not require legislative approval. The Corrections Department declined interview requests, but spokesman Chris Cline said Wednesday in a 1-sentence statement, Working with expert guidance, we are confident that this new 1-drug protocol will be effective and appropriate. It wasn't clear when propofol would get its first use in an execution. None are scheduled in Missouri despite Attorney General Chris Koster's request last week that the Missouri Supreme Court set execution dates for up to 19 condemned men whose appeals have run out. Litigation over Missouri Between 1989, when executions resumed in Missouri, and 2005, the state put to death 66 convicted killers. But in the 7 years since, only 2 men have been executed — Dennis Skillicorn in 2009 and Martin Link last year. Use of the death penalty has declined sharply in recent years nationwide. The U.S. had 98 executions in 1999 but just 43 last year. Nearly 3,200 people remain on death row. Propofol, made by AstraZeneca and marketed as Diprivan, gained notoriety following Jackson Any drug used for a new purpose on human subjects should certainly be tested very, very carefully, Dieter said. I can only imagine the things that might go wrong. Adding to the concern, some say, is Missouri's written protocol which, like the one it replaced, does not require a physician to be part of the execution team. It states that a physician, nurse, or pharmacist prepares the chemicals, and a physician, nurse or emergency medical technician ... inserts intravenous lines, monitors the prisoner, and supervises the injection of lethal chemicals by nonmedical members of the execution team. Jonathan Groner, an Ohio State University surgeon who has studied lethal injection extensively, said propofol is typically administered by either an anesthesiologist, who is a physician, or a nurse anesthetist under the physician's direct supervision. Improper administration could cause a burning sensation or pain at the injection site, he said. Groner said high doses of propofol will kill by causing respiratory arrest. But the dosage must be accurate and the process must move swiftly because propofol typically wears off in just a few minutes. If they start breathing before the heart stops, they might not die, Groner said. That would force the process to be restarted. Critics also question the safety of the single-drug method. Missouri becomes the 3rd state with a single-drug protocol, along with Arizona and Ohio. 3 others — South Dakota, Idaho and Washington — have options for single- or multiple-drug executions, according to the Death Penalty Information Center. California and Kentucky are exploring a switch to the 1-drug method. Concerns were raised after a 1-drug execution last month in Arizona. Thomas Arnold Kemp, a 63-year-old convicted killer, shook for several seconds upon receiving a lethal dose of pentobarbital. The debate over the administration of lethal drugs has angered some capital punishment advocates who suggest that death row inmates — largely convicted killers — seem to get more compassion than their victims. Carol Angelbeck has spent years urging Missouri
[Deathpenalty] [SPAM] death penalty news----TEXAS, USA, KY., MISS., MONT.
May 24 TEXASfemale could face death penalty Death Penalty Decision Pending In Baby Kidnap Case A judge has set a July 1 deadline for prosecutors to decide whether they will seek the death penalty in the case of a Texas woman accused of kidnapping a newborn after fatally shooting his mother. Verna McClain is charged with capital murder in the April death of Kala Golden-Schuchardt in a clinic parking lot in the Houston suburb of Spring. McClain appeared at the Thursday hearing in Conroe but her attorney, Stephen Jackson, tells The Associated Press no questions were posed to her. The Montgomery County judge also approved a request by prosecutors to turn over grand jury transcripts to the defense. The prosecution isn't required to turn over grand jury transcripts, but the Houston Chronicle reports District Attorney Brett Ligon said he wanted fair play in the case. (source: KERA News) USA: Obama, Bush testimony sought in 9/11 case at Gitmo Defense lawyers in the Sept. 11 case at Guantanamo are seeking the testimony of former President George W. Bush and President Barack Obama in a motion to dismiss charges, according to a legal motion released Wednesday. Lawyers for 3 of the 5 defendants charged with planning and helping carry out the attacks say the charges should be dismissed because Mr. Bush, Mr. Obama and other top officials have made many statements that could influence potential jurors in their eventual trial before a special tribunal known as a military commission, according to the motion. They have exerted what is known as “unlawful influence,” over the case with prejudicial statements such as repeatedly referring to the defendants “terrorists,” and saying they must be brought to justice, the lawyers argue. “Under these facts, it is impossible for any objective, disinterested observer, with knowledge of all the facts and circumstances, to believe these men can receive a fair trial by military commission,” they wrote. Also among those called to testify are Vice President Joe Biden, Attorney General Eric Holder and Sen. Lindsey Graham, a South Carolina Republican who has been active in detainee policy, as well as several Pentagon officials. The motion was filed May 11 but was only just released on a Pentagon website following a security review. It will be up to the military judge to decide whether to call any of the witnesses to the stand at the U.S. base in Cuba and such an outcome would seem unlikely. The judge may just require written briefs in what is one of many pretrial motions pending in the case. Prosecutors have not filed a response, though the motion notes that the government opposes the motion to dismiss. The 5 defendants, including the self—proclaimed mastermind of the attacks, Khalid Sheikh Mohammed, were arraigned at Guantanamo on May 5 on charges that include terrorism and murder. They could get the death penalty if convicted at a trial that is not expected to start for at least a year. The next pretrial is scheduled for June, though lawyers for several defendants have asked for a postponement. The brief was submitted by the defense lawyers for 3 of the men- Ramzi Binalshibh of Yemen; Mustafa Ahmad al—Hawsawi of Saudi Arabia; and Pakistani national Ali Abd al—Aziz Ali. A prohibition on improper influence is an important tenet of the military justice system, intended to prevent higher ranking officers from attempting to sway a case being tried by people over whom they have command. The motion argues that allowing a death penalty case to go forward after high officials have commented on the case to this extent would place “an intolerable stain,” on the public’s perception of the military justice system. “For the past 10 years, through the administrations of 2 presidents, these accused have consistently been described as ‘thugs,’ ‘murderers’ and ‘terrorists’ who ‘planned the 9/11 attacks’ and must ‘face justice,’” the lawyers wrote. “It can easily be understood by members of the public that this system of military commissions exists solely for the purpose of imposing a death sentence upon these accused.” (source: The Hindu) KENTUCKY: Condemned Ky. inmate loses appeal on mental state A Kentucky inmate awaiting execution for the 1990 slayings of a Lexington husband and wife outside their business has lost a challenge to his death sentenced based on his mental state. The Kentucky Supreme Court on Thursday ruled that 59-year-old Thomas Clyde Bowling is not entitled to have his sentence overturned based on a claim of mental disability. The court also ruled that, because Bowling has raised the issue before, he's now barred from bringing it up in the future. A jury condemned Bowling for the shooting deaths of Eddie and Tina Early. The husband and wife were shot on the morning of April 9, 1990 while sitting in their car before opening their family-owned dry cleaning business; their
