[Deathpenalty] death penalty news----TEXAS, FLA., ALA., CALIF.
Oct. 18 TEXASimpending execution Texas to execute man who killed police officer in 1998 A man who shot to death a Houston police officer in 1998 is scheduled to be executed by lethal injection on Thursday in Texas. Anthony Haynes, 33, would be the 11th inmate executed this year in Texas and the 33rd in the United States, according to the Death Penalty Information Center. The execution is scheduled for after 6 p.m. (2300 GMT) in Huntsville. Haynes fired a shot from his truck at a Jeep Cherokee carrying off-duty Houston police officer Kent Kincaid and his wife, Nancy, according to an account of the case from the Texas attorney general's office. The officer got out of his Jeep and approached Haynes' truck, telling him that he was a police officer and asking to see his driver's license, the account said. Nancy Kincaid said during Haynes' trial that her husband was reaching for his badge when the driver shot him in the head, according to a Houston Chronicle account at the time. (The driver) pulled his hand up and I saw the flash and I heard the pop, Nancy Kincaid testified. That was the end. He then went down. Kent Kincaid was declared brain-dead at the hospital. That same night, Haynes had committed several armed robberies, Texas officials say. I'm not a vicious psychopath who goes around wanting to take people's lives, Haynes told the Houston Chronicle in a 2001 death row interview. There was no intent to kill a cop. He did not ID himself until a second before I shot him. Haynes has appealed to the U.S. Supreme Court, raising questions about whether his trial lawyers were effective. (source: Reuters) *** 2 More in Line for Death Penalty; These 2 men were both 19 when they were sentenced to death Anthony Cardell Haynes Anthony Haynes claimed he didn't know that Kent Kincaid was a Houston police sergeant when he shot him in the head back in 1998. Kincaid was off-duty and driving his personal vehicle when Haynes drove by; something cracked Kincaid's windshield, and he reportedly thought Haynes had thrown something at him. He followed Haynes, and when the 19-year-old stopped his car, Kincaid approached him. Kincaid said he was a police officer, but Haynes later said he didn't know whether to believe him. When Kincaid reached behind his back, presumably for a badge, Haynes pulled out a .25-caliber gun and shot him. Anthony HaynesHaynes blamed the tragedy in part on drugs and falling in with a bad crowd of people who reportedly made a game out of shooting at the windshields of passing cars and then robbing the drivers after they stopped. As it happened, the crack in Kincaid's windshield was made by a bullet. Jurors in Haynes' case deliberated for three days before sentencing the teen to death. That sentence was overturned, however, after the 5th U.S. Circuit Court of Appeals agreed with Haynes' defense that an unusual jury-selection setup in Haynes' case had denied his right to equal protection under law. Indeed, 2 different judges presided over Haynes' jury selection; one heard prosecutors interview individual jurors, and a second heard the lawyers' arguments for striking from service the potential jurors. As it turned out, the state used its power to strike all but one of the black potential jurors, arguing that it was not their race that excluded them (which would be illegal), but their demeanor. But Haynes' appeal attorney argued that the judge who allowed those strikes had not actually witnessed the jurors' questioning and thus could not actually have seen whether their demeanor would be a basis on which to have them struck. The U.S. Supreme Court ultimately disagreed with the 5th Circuit, ruling that there was no rule that would require a judge to personally observe the juror questioning when deciding whether a juror is lawfully struck from service. Haynes is scheduled for execution today, Oct. 18. Bobby Lee Hines Bobby Lee Hines was also just 19 when he was sentenced to death for the robbery and strangling of 26-year-old Michelle Haupt in her Dallas apartment. Now, 20 years later, he's scheduled to die for that crime on Oct. 24. But his attorney, Lydia Brandt, argues that Hines' execution should, once again, be stayed while the courts consider whether his lawyers have done enough to save his life. Hines was convicted of the 1991 murder of Haupt, who was stabbed repeatedly with an ice pick and strangled with a cord inside her apartment. Hines had been staying next door with the apartment complex's maintenance man. Police found items from Haupt's apartment, including packs of cigarettes and a bowl of pennies, under a couch where Hines had been sleeping. Hines' 1st date with death was stayed in 2003, while the courts considered a claim that he was mentally retarded and thus ineligible for execution. Although Hines had a diagnosed learning disability and was considered emotionally disturbed, the
[Deathpenalty] death penalty news----MINN., MO., PENN., S.DAK., UTAH
Oct. 18 MINNESOTA: Setting bail is one of the hardest decisions judges face You have probably seen or read a news stories about someone arrested for a horrible crime and then heard that the judge set bail allowing that person to be released from custody. Your 2nd thought probably was, What is with those crazy judges? Why would there be any bail set? Shouldn't this person just sit in jail until trial? Some states have laws allowing an accused person, in certain circumstances, to be held in jail until trial with no chance of bailing out. Minnesota, like other states, requires judges to set bail in every case. The Minnesota Constitution mandates that, All persons shall before conviction be bailable by sufficient sureties, except for capital offenses . . . Capital offenses are those where the death penalty could be imposed. Since Minnesota abolished the death penalty in 1911 we no longer have capital offenses. Accordingly, in 1958, our state Supreme Court decided that bail must be set in every case. That follows decisions in other states, with similar constitutions, affirming that bail is required no matter how diabolical or atrocious the charge. In response, you might think, Judges should set bail so high that the accused could never post it. However, that would be illegal and improper. Judges are sworn to uphold the constitutions and laws of the United States and State of Minnesota. Both constitutions mandate that ???excessive bail shall not be required. Judges are not to substitute their views of what the law should be for what the law is. To do so would violate the separation of powers and be an example of judicial activism. A judge must follow the law regarding bail. Our law requires that bail must be set in an amount that is fair and reasonable given all of the facts of the case. There are 2 primary factors that affect bail settings. First, whether the person is likely to voluntarily appear in court, and 2nd, whether the person will likely constitute a danger to the public, or themselves, if released. Courts generally require higher bail settings for those with a history of missing court, those who seem likely to flee, and those, whom the court reasonably believes, if released, will be dangerous or commit other crimes. In determining a fair and reasonable amount of bail judges consider numerous factors including the nature of the charge, the person's criminal history, whether they have a job, own a home, have a family or if they have completed schooling. Experience shows us that those who are well invested in a community are lesser risks to flee, endanger others, or commit more crimes. In the end, all any judge can do is to use their best judgment, experience and common sense. Even after considering all of the best information available, it is impossible to predict with any real certainty that defendants will later flee or turn out to be dangerous. This interplay between protecting society and respecting the right to bail makes these some of the hardest decisions that judges make. (source: Judge Greg Galler is chambered in Washington County; Stillwater Gazette) MISSOURI: Supreme Court must commute death sentence At the new evidentiary hearing for Missouri death row inmate Reginald Clemons held September 17-20 in St. Louis, Judge Michael Manners reluctantly accepted into evidence an affidavit by David Keys submitted by Clemons' trial counsel. Keys is an expert on proportionality in the death sentence in Missouri, so was in effect offering a new legal opinion, rather than new evidence, which Manners had been ordered to find for the Missouri Supreme Court. I feel the Missouri Supreme Court doesn't need my advice on the law or the advice of Mr. Keys, Judge Manners drily noted. Proportionality is a question of law. The Supreme Court will give it the weight it wants to give it. We urge the Missouri Supreme Court to give Keys' expert testimony a critical mass of weight. Keys' statistical analysis of death sentence data shows that the 1993 jury that sentenced Clemons to death overlooked established racial bias in death sentencing, as well as 4 mitigating factors: Clemons' youth at the time of the murders (he was 19) and the facts that he was a 1st-time offender, had no weapon and did not know the victims, Julie Kerry and Robin Kerry. Based on his analysis of 591 Missouri 1st-degree homicide cases, an African-American offender (like Clemons) charged with the 1st-degree murder of a white victim (like the Kerry sisters) has a 37 % chance of receiving the death penalty. By contrast, a white offender who killed a white victim will receive the death penalty 32.6 % of the time, and a black-on-black murderer has a 23.8 % chance of being sentenced to death. The variable of race should have no bearing on whether the state executes a murderer, and this established racial bias is sufficient grounds for commuting Clemons'
[Deathpenalty] death penalty news----worldwide
Oct. 18 INDONESIA: MUI Pans Supreme Court Judges Over Lightened Drug Verdict The Indonesian Council of Ulema, the country's highest authority on Islamic affairs, called on Thursday for the Supreme Court to take actions against 3 judges who commuted a death sentence for a drug trafficker to 15 years in jail, a report said. Indonesia's Supreme Court drew criticism after it changed its verdict for convicted drug lord Hengky Gunawan, revoking a previous death sentence and sentencing him to 15 years in prison instead. The trio of judges only recently made their opinion public, saying that the death sentence in Hengky's case was antithetical to the Constitution, which enshrines a right to life. They also contended that the purpose of sentencing was to educate and rehabilitate and should not be solely punitive in nature. I think the [decision to change the verdict] was not just because it violates the 1945 Constitution that arranges matters of human rights. Human rights have limits according to the constitution, Ma'aruf Amin, the executive chairman and coordinator of the Indonesian Council of Ulema (MUI) said, according to private broadcaster SCTV. He added that the MUI was calling on the Supreme Court to examine the 3 judges on the panel: Imron Anwari, Achmad Yamanie and Nyak Pha. If it turns out that there was a violation, firm and heavy sanctions should be meted out on the judges, Ma'aruf stated. For the moment, the 3 should be suspended from handling cases, he said. The MUI believes that the Judicial Commission should also be involved in the examination of the judges. The Judicial Commission's task is to supervise judges and deal with their actions that violate professional ethics, Ma'aruf declared, according to SCTV. He said that the MUI viewed the appeal verdict as strange and going against the government's drive to battle drug trafficking and use. The MUI, he added, viewed drugs as posing as serious a threat to the nation as corruption or terrorism. The 3 are extraordinary crimes and should be dealt with seriously through the imposition of extraordinary punishments or the death penalty, Ma'aruf said. The supreme court ruling has already been lambasted by the National Anti-drug Agency, the police, the Indonesian Commission for Child Protection and many more groups and activists. Hengky was arrested in Surabaya on May 23, 2007, for running a major ecstasy production and distribution operation. The Surabaya District Court initially handed down a 15-year prison sentence for him, but on appeal, the Surabaya High Court issued a harsher 18-year term. The Supreme Court escalated the punishment further, ruling that the defendant should be put to death for his crimes. But Hengky's last-gasp appeal got the last ruling revoked in April, with the 3 Supreme Court judges settling instead on the initial sentence of the Surabaya District Court. (source: Jakarta Globe) PAKISTAN: 'Lack of death penalties encouraging crime' During the press briefing on Wednesday at which the Lashkar-e-Jhangvi city chief's arrest was revealed, Additional IG Shabbir Sheikh pointed out that as the prisoners held for heinous crimes were no longer awarded the death penalty under the government's policy, terrorists were taking advantage of the situation. The conviction rate has declined since 2007. He maintained that if the death sentence was restored, the crime rate would decline. Activists of banned outfits are operating without any fear and targeting citizens. The police official noted that the lack of a witness protection programme was also a reason behind the low conviction rate. We have no witness protection programme. We have written letters to the provincial government, but the issue is under consideration. Sheikh also disclosed that there were 30 or 35 associates of LJ Karachi chief Hafiz Qasim Rasheed still on the loose in the city, but gave the assurance that they would be arrested soon. He confirmed that there were threats about terrorist attacks in the city. He added that there were also intelligence reports about the presence of bombers in the metropolis. We received a letter from Islamabad asking us to adopt strict security measures to avert a terrorist attack. (source: The Express Tribune) SINGAPORE: 34 death-row cases may come under review They were facing certain death from the hangman's noose, but may now be given a lifeline after proposed changes to the mandatory death penalty were introduced in Parliament on Monday. If the new law is passed, the cases against 34 prisoners on death row here can be reviewed, even if they have exhausted all avenues of appeal. Under proposed changes in the Misuse of Drugs (Amendment) Bill and the Penal Code (Amendment) Bill 2012, these prisoners will be given an opportunity to introduce new evidence to prove that they satisfy the conditions for a life sentence instead. In
[Deathpenalty] death penalty news----FLORIDA
Oct. 18 FLORIDA: Decade later: Remembering the tortured soul that was executed serial killer Aileen Wuornos A decade has passed since the nation's foremost serial killer was put to death by the State of Florida through lethal injection for the shooting deaths of 7 men who had the misfortune of picking up the hitchhiking prostitute along the region's criss-crossing interstates. I know a little something about Wuornos' final fate as one of a select few reporters to witness her execution. Back then, I was a reporter for the Daytona Beach News-Journal. The other local reporter was Clare Metz of WESH TV. I had already logged 18 years in my journalism career as a breaking news and investigative reporter when Wuornos' execution date was finally set. And having covered multiple appeals in her case over several years, I was ready to cover the big story. The 6 original death sentences handed down at trial were finally to be carried out. There wasn't enough evidence to legally tie her to a seventh killing, though she never denied committing the murder. But before I get to the actual execution, which was as good as it gets in terms of checking out on her own terms, I wanted to share the prelude to her execution. The one thing about Wuornos that always stood out was her unpredictable behavior. She would turn around and look my way and smile after being escorted to the defense table in shackles. And I would nod. While her outward demeanor was vile -- she had the look of a train wreck and a nasty tongue for anyone who stood between her and her stated desire to be executed -- I saw that anguished and tortured inner child in her eyes in court. Nearly 10 years after her trial, the courtroom gallery became far less crowded, to the point where I was sometimes the only person there with the exception of courtroom personnel. On the outside, though, to those in her line of fire, she was a viper. A Michigan teen runaway exposed to drugs and alcohol at a young age, she was raised by ill-equipped grandparents after her mother abandoned her at the age of 4 (she never met her father, a rapist who died in prison), had sexual intercourse with her own brother at 11, and bore a child out of rape by one of her father's friends at 14. The child was taken by the authorities and given up for adoption. And after her 2-year killing spree in 1989-'90 and subsequent trial, including the killing of a victim named Richard Mallory in woods near Ormond Beach, she led a tormented existence on death row, often accusing staff of poisoning her food. Aileen wanted out. To her, life on death row was worse than death itself. I distinctly remember her final court appearance. Her latest set of appeals were kicked back by the High Court for the sentencing judge to determine her competency in granting her wish to be put to death. That decision was left to Circuit Judge R. Michael Hutcheson. The trial judge, Uriel Blount, died years earlier. The drama in the courtroom reached its peak when told her attorneys to basically sit down and shut up. I had seen the outbursts many times before, starting off with polite hushed words to bursting into tears and letting loose with angry tirades. The stakes were much higher for this time around and Wuornos learned to play the game of making nice. There was Hutcheson, a soft-spoken jurist who wasn't afraid to bring down the hammer in applying the full weight of the law. Then there were the state appeals prosecutors, with support from charismatic State Attorney John Tanner in the background, well-schooled in the Holy Bible. Not one to shy away from death sentences, he also saw it as his duty to try and save souls, even praying with even-more notorious serial killer Ted Bundy, just before his execution. It didn't matter that Bundy's nationwide killing spree spared Tanner's circuit. And on the defense side, sitting alongside Wuornos were two state-appointed appellate attorneys. Wuornos lived for the drama. It was all the excitement she had left. But it was different this time. She told the judge in a reasoned and calm voice that she understood that the men she killed were true victims of robbery -- not the sadistic opportunists she portrayed them as at trial. When her attorneys objected, she fired them on the spot, saying she wanted to speak directly to the judge. He allowed it. The hearing was not the 1st time Wuornos had changed her story from victim to perpetrator, but she was more believable. Her calmer demeanor conveying her message and convincing the judge that she understood the crimes and the ultimate punishment to be meted out for them. In the weeks leading up to her execution, one of her attorneys persuaded Gov. Bush to order a temporary stay of execution, pending one more psychiatric exam. The results were convincing to the governor that Wuornos understood the nature of the crimes committed and the sentence and lifted the
[Deathpenalty] death penalty news----worldwide
Oct. 18 IRANexecutions 2 Prisoners Extecuted Today on Drug-Related Charges 2 prisoners were hanged in the Shahroud Prison (northern Iran) early this morning. According to the official website of the Iranian Judiciary in the province of Semnan, the prisoners were identified as A. A. , charged with trafficking more than 3,975 kilograms, and M. N. , charged with possession and trafficking 1,289 kilograms of concentrated heroin. The executions were reportedly carried out in the yard of Shahroud Prison. More than 70% of all the prisoners executed in Iran are convicted of drug-related charges. Human rights NGOs have published several statements in the last week urging the international community to react to the executions. (source: Iran Human Rights) ___ 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----TEXAS, KY.
Oct. 18 TEXASstay of impending execution Houston cop killer Anthony Haynes granted stay of execution Anthony Haynes, sentenced to death for the May 1998 murder of an off-duty Houston policeman, has been granted a stay of execution. The 1-time exemplary student led into lawlessness by drugs was to be executed here on Thursday. Haynes, 33, the son of a retired Houston arson investigator, was condemned for killing police Sgt. Kent Kincaid after the officer confronted him after something flying from Haynes' truck broke the windshield of the policeman's vehicle. Authorities later determined the windshield had been broken by a .25-caliber bullet. Haynes and 2 juvenile companions had used the same ploy to in an effort to stop three other vehicles and rob the occupants on the evening of the murder. Kincaid, 40, was wearing civilian clothing at the time of the incident. When he reached to his back pocket to to retrieve his ID, Haynes fired. In seeking a commutation of the death sentence to life in prison, Haynes' lawyer, Richard Ellis, argued that the killer's 1st lawyers failed to thoroughly investigate the case. Their presentation during the punishment phase during which Haynes' family and friends were willing to testify to his good character was an afterthought, he contended. (source: Associated Press) Executions under Rick Perry, 2001-present-248 Numberscheduled execution date-name 249-October 24-Bobby Hines 250-October 31-Donnie Roberts 251-November 8Mario Swain 252-November 14---Ramon Hernandez 253-November 15---Preston Hughes 254-December 12---Rigoberto Avila, Jr. 255-January 29Kimberly McCarthy 256-February 20---Britt Ripkowski 257-April 16--Ronnie Threadgill (sources: Texas Department of Criminal Justice Rick Halperin) * female to face death penalty Prosecutors Seek Death Penalty in Texas Kidnapping Texas prosecutors will seek the death penalty against a Houston woman accused of killing a mother and abducting her newborn son earlier this year outside a clinic, authorities said Thursday. Investigators believe Verna McClain, 31, was desperate for a baby to pass off as her own after suffering a miscarriage. She is facing a charge of capital murder for allegedly shooting Kala Golden-Schuchardt outside a pediatric clinic in suburban Houston and taking her days-old son. The baby was found safe with a relative of McClain. Her attorneys have said they planned to review her mental state. The Montgomery County District Attorney's Office announced its decision to seek the death penalty during a court hearing Thursday. Kelly Blackburn, the lead prosecutor in the case, said his office would not be commenting on what led to the decision, but said prosecutors spoke with Golden-Schuchardt's family about seeking the death penalty. They are on board in regards to the decision, he said. McClain's attorneys did not return calls seeking comment shortly after the court hearing. No trial date has been set. She remains jailed without bond, and Blackburn said he doesn't believe McClain's trial will take place this year. The shooting happened outside the Northwoods Pediatric Center in Spring, about 25 miles north of Houston, where McClain had taken her three children for checkups. Investigators believe Golden-Schuchardt was randomly targeted. Authorities said the 28-year-old mother was placing her son, Keegan Schuchardt, into her pickup truck when McClain, a vocational nurse, repeatedly shot her, snatched the child and sped off. Golden-Schuchardt died at a hospital. But she was first able to give a description of who had shot her and taken her son. McClain initially told investigators she had found the baby after it had been left on her doorstep. But authorities say she later confessed. (source: Associated Press) KENTUCKY: Death penalty possible in Dacci killing With a legal challenge cleared, the murder case against James Michael Kelley is moving forward as a capital case. Commonwealth's Attorney Richie Bottoms filed a notice of aggravators last week that will allow him to seek the death penalty against Kelley if the suspect is convicted of the 2010 murder of John Bud Dacci. At this point, we want all options on the table, including the death penalty, Bottoms said Wednesday. In the notice, Bottoms states he intends to prove Kelley is guilty of 1st-degree burglary and may prove 1st-degree robbery, aggravating factors needed to increase murder from a Class A felony to a capital charge. Kelley, 52, of Lexington allegedly drove to the Dacci home on Herrington Lake in December 2010, forced his
