[Deathpenalty] death penalty news----MAINE, N.J., FLA., ALA.

2014-04-21 Thread Rick Halperin




April 21



MAINE:

Life in prison, death for drug dealers in Maine


We need more law enforcement to severely punish anyone caught dealing heroin 
and prescription pills in Maine. The penalty should be so severe that dealers 
will think twice about coming to Maine.


I'm not talking about addicts; I'm talking about the people who make them 
addicts. Make them go somewhere else with their drugs. No drugs, no people 
hooked, no need for rehab. Crime would plummet.


Give the dealers life in prison or the death penalty and maybe that would make 
them think twice about doing business in Maine. I believe we need to give 
compassion and help to those addicted, but stopping the flow of drugs as a 
first line of defense would save many souls.


Gary HopkinsManchester

(source: Letter to the Editor, Kennebec Journal)






NEW JERSEY:

Rubin 'Hurricane' Carter's life story is a warning to us about racism and 
revenge; In 1976, I was a junior lawyer on Rubin 'Hurricane' Carter's retrial 
defence team. His story has a significance that should outlive his death


In the summer of 1976, I walked the mean streets of Paterson, New Jersey, with 
Rubin Hurricane Carter - and encountered the raw, bloodshot hate-gaze from 
the white folks who passed us by. Carter was instantly recognisable: he was as 
bald and black and muscley as the Michelin man.


What chance do you give me? he asked this then-young British lawyer, 
shrugging his boxer's shoulders. You can see my verdict in their eyes. In 
America, nothing has really changed.


On the political surface, it seemed to have changed. In 1966, when Carter - 
then a top professional boxer - was first convicted by an all-white jury for 
slaying 3 of their kind in a local bar, the governor of Georgia was fighting 
desegregation with a pick-axe. Now his successor, Jimmy Carter, was on the way 
to the US presidency, preaching racial harmony and quoting Bob Dylan in his 
campaign ads. Rubin's original 1966 conviction for an apparently motiveless 
triple murder was based on palpably inadequate evidence and came at a time when 
he was a contender for the world middleweight title.


Yet Carter was re-convicted on even weaker evidence at his retrial in 1976 and 
returned to prison. Not until 1985 was this wrongful reconviction overturned. 
His story inspired one of Dylan's best protest songs and Norman Jewison's fine 
movie, in which he was played by Denzel Washington. As a warning against 
possibility of convicting - and executing - the innocent because of prosecutors 
who play the race card and hide exculpatory evidence, the story of the 
Hurricane has a significance that will outlive his death.


It all began with the riots in Watts and Harlem in the early 1960s, which left 
13 black children killed by police bullets. Rubin Carter, who until then had 
been marching non-violently with Martin Luther King, became a black Muslim and 
started to talk to the press about fighting back. That made him a public enemy 
in his home town of Paterson, where he had been arrested at the age of eleven 
for stabbing a man he said had indecently assaulted him. He was put away in a 
reformatory for 7 years and was not forgiven - even as he began winning boxing 
titles.


The police officer involved in arresting him as a child, Vincent de Simone, 
happened to be on duty 18 years later, on a night when 2 black gunmen walked 
into the Lafayette Bar and Grill and opened fire, killing three customers 
before escaping in what some witnesses said was a white Chevrolet. Long after a 
car of that make had eluded a police chase, Carter and a young friend, John 
Artis, were pulled over in Carter's white Dodge. De Simone ordered the two 
brought back to the bar, but no witnesses could identify them as the gunmen. 
Alfred Bellow and Arthur Bradley, 2 professional burglars who had seen the 
gunmen while themselves out to rob the same bar, gave descriptions which were 
nothing like Carter or Artis.


But de Simone was as implacable as Inspector Javert from Les Miserables. He 
dragged the suspects to the hospital bedside of a critically-injured survivor 
who denied that they were the men who had just shot him. So Carter and Artis 
were released.


The only physical evidence against them was a lead-plated .32 Smith and Wesson 
bullet, which a policeman claimed to have found in the back of Carter's car. It 
could have been fired from the murder weapon - but the bullets which riddled 
the Lafayette victims were all plated with copper. Lead-plated .32 were not in 
common use ... except in the Patterson police force, where they were standard 
issue.


Several months later, de Simone persuaded Bellow and Bradley to change their 
minds and identify Carter and Artis as the gunmen. In return for changing their 
story, the two burglars were offered a host of inducements - early parole from 
previous sentences, a $12,000 reward and a blind eye towards the crimes they 
committed on the night (Bellow had robbed the 

[Deathpenalty] death penalty news----OHIO, TENN., OKLA., CALIF.

2014-04-21 Thread Rick Halperin





April 21



OHIO:

Accused killer wants evidence thrown out; Attorneys for a sex offender 
suspected of killing 3 Ohio women want evidence against the man thrown out.



Michael Madison's attorneys said police should have had a search warrant when 
they looked through a garage where a body was found.


Madison is charged with killing the women and leaving their bodies in trash 
bags in a rundown East Cleveland neighborhood. He has pleaded not guilty.


The bodies were found last July after police were called about an odor coming 
from a garage.


The Plain Dealer reported Madison's attorneys also want a judge to dismiss 
other evidence, including statements he made to police.


He is scheduled to go to trial July 21 and could face the death penalty if 
convicted.


(source: Sandusky Register)



Prosecutor to submit filing to Ohio parole board considering mercy for 
condemned inmate



An Ohio prosecutor plans to submit his position on whether a condemned killer 
facing execution next month for a Cleveland produce vendor's 1983 slaying 
should receive mercy.


Attorneys for defendant Arthur Tyler say he should receive clemency partly 
because a 2nd defendant repeatedly admitted being the shooter.


They also argue a jury was coerced into issuing a death sentence and that a 
prosecutor and some of Tyler's defense attorneys at trial had a conflict of 
interest.


Cuyahoga County Prosecutor Tim McGinty planned to file a motion on Tyler's case 
Monday afternoon ahead of Tyler's clemency hearing Thursday.


The Ohio Parole Board makes a recommendation to the governor, who has the final 
say.


The 54-year-old Tyler is scheduled to die May 28.

(source: Associated Press)






TENNESSEE:

Ex-lawman Jason Holt in Grainger County court on murder, robbery charges


Jason Bryan Holt, a former lawman accused of executing 2 people during a drug 
store robbery, is in Grainger County Circuit Court on Monday.


Prosecutors announced in September they will seek the death penalty for Holt, 
who was arrested shortly after the robbery.


Holt is accused of fatally shooting 2 people and wounding 2 others while 
robbing the Down Home Pharmacy in Bean Station on May 23.


According to investigators, after store owner Stephen Lovell gave Holt drugs he 
demanded, Holt ordered Lovell and 3 other people to their knees, and shot each 
execution style.


Lovell and a customer, Alexander Sommerville, 72, died from their wounds. 
Employees Alexia Gail Wilson, 45, and Janet Colleen Cliff, 46, survived their 
wounds.


Holt is a former Bean Station Police Department officer, and also worked 
briefly for the Grainger County Sheriff's Office.


In 2006, he was placed on judicial diversion after being charged with burglary 
and theft of narcotics from the Bean Station Police Department.


(source: Knoxville News Sentinel)






OKLAHOMAimpending execution

Oklahoma Man Faces Execution Tuesday In 1999 Death


An Oklahoma death row inmate who's been trying to find out more about the drugs 
the state would use to kill him is facing execution unless a court intervenes.


Clayton Lockett was convicted of shooting 19-year-old Stephanie Nieman with a 
sawed-off shotgun and watching as she was buried alive in 1999. He has filed 
court papers to learn more about Oklahoma's execution protocol, but has not 
challenged his sentence.


State courts differ on who should address stays of execution for Lockett and 
another inmate, Charles Warner. Warner faces execution next week.


A lower court judge has ruled Lockett and Warner are entitled to know who made 
the drugs that will be used at their executions.


Barring intervention, Lockett will be executed Tuesday night at the Oklahoma 
State Penitentiary in McAlester.


Lockett refused to appear at his February clemency hearing, where the board 
voted 4-1 to deny his request.


According to prosecutors, on the night of the killing, Lockett, one of his 
cousins and a friend entered Bobby Bornt's home in Perry seeking repayment of a 
$20 debt. They bound Bornt and beat him with a shotgun while his 9-month-old 
son slept in the next room.


Nieman and a friend dropped by to invite Bornt to a party and were subsequently 
bound with duct tape. Nieman's friend was beaten and raped by 2 of the men 
before the victims were loaded into 2 pickup trucks and driven to a rural dirt 
road.


Lockett admitted in the confession that he originally intended to kill the 3 
adults because he feared police would learn he had violated terms of his 
probation from a previous felony.


After Nieman said she would tell police, he forced her to kneel while Shawn 
Mathis, a co-defendant, took about 20 minutes to dig a shallow grave. Lockett 
shot the girl in the shoulder, pushed her into the grave and shot her again in 
the chest before ordering Mathis to bury her alive.


According to an attorney general's report on the crime, the 3 laughed about how 
tough the woman was as the dirt piled up atop 

[Deathpenalty] death penalty news----worldwide

2014-04-21 Thread Rick Halperin






April 21



PAKISTAN:

Government in 2 minds over 552 death row convicts


There are around 552 inmates across the country who will be hanged any time the 
government desires to act upon the death penalty.


Most of these prisoners have been convicted in terrorism cases and exhausted 
all legal means of evading their sentence. Their mercy petitions have also been 
dismissed by President???s House in the past couple of years.


An ethical moratorium for not implementing the death sentence - in place 
since 2008 when the Pakistan People's Party (PPP) came to power - expired in 
June 2013 after the present Pakistan Muslim League-Nawaz (PML-N) took over.


Between 2008 and 2013 there was only a lone incidence of a soldier who was put 
to death after a court martial in November 2012.


However, so far, the present government too has restrained from implementing 
the capital punishment.


At present there are 6,700 death row prisoners all over the country whose 
appeals remain pending with either superior or lower courts. The judicial 
system still awards death penalties but since 2008 the sentences have not been 
implemented.


Sources close to the federal government revealed that implementing the capital 
punishment could put the survival of the present government at risk. Threats 
from banned outfits and other extremist groups of dire consequences if their 
men were hanged are another major reason for the hesitation observed in getting 
the capital punishment carried out.


Though the US supports capital punishment for convicts involved in heinous 
crimes, almost all the European countries have abandoned executions terming 
them to be an unfair method. Meanwhile in Pakistan, the government seems to 
be a little confused and even anxious about where it stands on the issue.


The proponents of capital punishment argue that its implementation is necessary 
for curbing terrorism. Those involved in anti-state activities would take a 
lesson when their aides are hanged to death by the government. On the other 
hand, human rights groups continue to argue against the death penalty and 
reiterate life imprisonment for heinous criminals.


Top-notch lawyer and human rights activist, Asma Jehangir, while talking to The 
News strongly opposed the death penalty.


She was of the view that convicts should be awarded life imprisonment and 
released only after their sentence was complete.


She said as the whole world moved towards putting an end to capital punishment, 
judiciary in Pakistan was going in the opposite direction.


A special public prosecutor at an anti-terrorism court in Karachi, Abdul 
Maroof, said there were many countries that championed human rights but also 
did not hesitate to implement the capital punishment if it meant saving the 
lives of citizens.


He said there were also quite a few convicts who had been sentenced to death by 
the anti-terrorism courts.


He said the government had introduced new laws under the Protection of Pakistan 
Act and it seemed serious in curbing terrorism.


He said there might be a few individuals in the government who were keeping the 
officials from getting capital punishment implemented, but as a whole the Nawaz 
Sharif government looked very sincere in curbing terrorist activities.


A writer and columnist, Jameel Adeeb Sayed, said there was no guarantee that 
criminals would be rehabilitated into peaceful citizens after leaving jails and 
this was why it was necessary to hang them so that lives of others could be 
protected.


He said the country was facing a flood of terrorism and hanging the convicted 
criminals and terrorists was the only way to stem its growth.


Another senior lawyer and the general secretary of Karachi Bar Association, 
Khalid Mumtaz, said unless the verdicts of the courts were implemented in true 
letter and spirit criminal activities could not be stemmed.


Advocate Shakeel Ahmed of the Supreme Court claimed that politicising the issue 
of capital punishment was part of a US strategy to keep Pakistan under 
pressure.


In the US, convicts whether they be men or women are continued to hang but a 
dual standard has been adopted for Pakistan to keep it under pressure, he 
said. Yet another lawyer, Adil Khan Zai, also called for carrying out the death 
sentence. He said implementation of capital punishment would serve as a 
deterrent for other criminals.


(source: The News)






SAUDI ARABIA:

Saudi sentences 5 to death over 2003 Qaeda attacks


A Saudi court has sentenced to death 5 people over deadly 2003 attacks that 
marked the start of a wave of Al-Qaeda violence, media reported Monday.


Dozens of Saudis and expats were killed and wounded that year in car bombings 
that ripped through 3 residential compounds in Riyadh where foreigners lived.


Sabq news website did not say when the 5 suspects were sentenced to death, but 
reported that they were found guilty of rigging car bombs used in the 2003 
attacks.


37 other defendants 

[Deathpenalty] death penalty news----VA., TENN., ORE.

2014-04-21 Thread Rick Halperin





April 21



VIRGINIA:

Jurors to weigh whether ex-Marine should be executed


Jurors in federal district court in Alexandria on Monday will begin listening 
to presentations from prosecutors and defense attorneys about whether a former 
U.S. Marine convicted killing a fellow service member at Joint Base 
Myer-Henderson Hall should be executed for his crime.


Prosecutors are seeking the death penalty for 25-year-old Jorge Torrez, who was 
convicted earlier this month of 1st-degree murder in the 2009 death of 
20-year-old Amanda Jean Snell. Jurors must first decide whether the former 
Marine is eligible to be executed, then they must weigh whether they want to 
impose the most severe of penalties.


Jurors in the Eastern District of Virginia, where Torrez was convicted, rarely 
impose the death penalty, even in the infrequent instances prosecutors seek it. 
Most recently, prosecutors sought the death penalty for 3 Somali pirates 
convicted in the fatal shootings of 4 Americans on a yacht off the coast of 
Africa, but jurors recommended they instead be sentenced to life in prison.


The last time a jury in the Eastern District recommended death was in 2009 for 
a man named David Runyon, who was convicted in a murder-for-hire plot in 
Newport News. According to the Death Penalty Information Center, which tracks 
death penalty cases nationwide, Virginia has 6 inmates on federal death row.


Torrez's crime, though, was heinous enough - and his victim sympathetic enough 
- to make the death penalty a possibility.


Prosecutors said Torrez attacked Snell at random, creeping into her room at 
Joint Base Myer-Henderson Hall and wrapping the young woman's neck with the 
power cord of her pink laptop. They said Snell was something of a sexual 
predator who browsed Internet sites about rape fantasies and randomly attacked 
other women in Arlington after Snell's death. He was convicted and sentenced in 
those incidents in 2010.


Snell, who grew up in Twentynine Palms, Calif., and Las Vegas, was known among 
family members for her outgoing nature and infectious personality, said 
Denise Alexander, her aunt. Alexander said that Snell volunteered helping 
autistic children and hoped to make a career of it when she had finished her 
Navy service.


Jurors are expected to hear more testimony about both Snell and Torrez, who 
lived down the hall from each other at the Arlington, Va., base, throughout 
this week.


(source: Washington Post)






TENNESSEEimpending executioned stayed

Execution Postponed For Convicted Cop Killer


A man convicted of killing a police officer in Sullivan County has been granted 
a stay of execution.


Nickolus Johnson was scheduled to be put to death Tuesday, for killing an 
Officer for the Bristol Police Department in 2004. It would have been 
Tennessee's 1st execution in nearly 5 years.


Earlier this month, Johnson was granted a stay of execution.

The now 35-year-old was convicted and sentenced to die for shooting and killing 
Officer Mark Vance. Vance was responding to a domestic violence call when he 
was shot in the face by Johnson.


In the fall of 2013, the state began scheduling execution dates for 10 inmates 
currently on death row.


So far, 2 of those executions have been delayed.

(source: Newschannel5.com)





OREGON:

Portland Woman Sells Notecards With Art By Death Row Inmates


A Portland woman is selling note cards that feature art work by inmates on 
Oregon's death row. Cynthia Edwards says she's been pen pals with a death row 
inmate for the last 10 years and that's how she learned some of them spend time 
drawing. She was impressed by an inmate drawing of a butterfly and decided to 
create butterfly note cards.


Edwards, who is a member of Oregonians For An Alternative To The Death Penalty, 
sells the cards through word of mouth with 1/2 the proceeds going to the inmate 
and the other half to Make A Wish Foundation. She says everyone thinks the 
cards are beautiful.


(source: KXL news)

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[Deathpenalty] death penalty news----VA., OKLA., MO., NEB.

2014-04-21 Thread Rick Halperin




April 21


VIRGINIA:

Ex-Marine tells lawyers not to fight death penalty


An ex-Marine facing possible execution for the 2009 murder of a fellow service 
member ordered his lawyers not to make any arguments to spare his life.


A federal jury in Alexandria convicted Jorge Torrez, 25, earlier this month of 
the murder of sailor Amanda Snell at Joint Base Myer-Henderson Hall. As the 
sentencing phase of the trial began Monday, the judge told jurors that Torrez 
ordered his attorneys not to contest the government's case.


Torrez' lawyer, Robert Jenkins, declined comment on whether his client has 
expressed a preference for execution. But he said it is not uncommon for 
defendants in capital cases to prefer execution over life in prison.


If Mr. Torrez's goal is to receive a death sentence, the government is helping 
him achieve that goal, Jenkins said.


If he were permitted to do so, Jenkins said he would argue that life in prison 
is the worst possible punishment the jury could impose on Torres, who is only 
25. Jenkins said it is difficult as a defense lawyer to stand aside and do 
nothing to defend your client, but that he has no choice.


Torrez contested his conviction, and questioned the government's evidence in 
the case. Prosecutors said DNA from Torres found in Snell's room and he gave a 
taped confession to a jail inmate.


Torres is already serving a life sentence for multiple assaults on northern 
Virginia women, including the rape and abduction of a woman he strangled and 
left for dead.


Even though the defense is not contesting the case, prosecutors must give their 
arguments and present evidence to the jury that Torres deserves execution.


(source: Associated Press)






OKLAHOMAimpending executions

Oklahoma to proceed with lethal injection amid confusion within courts; 
Execution of Clayton Lockett to go ahead after judges in disagreement over 
which court has the power to grant a stay



Oklahoma plans to kill Clayton Lockett by lethal injection on Tuesday, after 
judges could not agree which court has the authority to stay his execution amid 
questions over the constitutionality of the state???s capital punishment law.


The Oklahoma court of criminal appeals and the state supreme court last week 
both declined to stay the executions of Lockett and Charles Warner, scheduled 
for April 29, with each court saying it did not have the authority to grant a 
stay.


The inmates have sued over the constitutionality of Oklahoma's secrecy about 
execution drugs, and an Oklahoma county district court judge has ruled that 
keeping the source of the drugs confidential is a violation of their rights. 
The state is defending a law that allows it to keep the source of the drugs 
secret, on the argument that suppliers would be in danger if their identities 
were made public.


Lockett, 38, was convicted of killing a 19-year-old woman in 1999. He was also 
convicted of rape. Warner, 46, was convicted of raping and killing an 
11-month-old baby in 1997.


The Oklahoma county district judge ruled in March that the secrecy surrounding 
the drug source violated the inmates' right to access the courts. The state 
appealed that ruling on Friday to the state supreme court calling the ruling an 
overbroad interpretation of the right to access.


The inmates' lawyers, Susanna Gattoni and Seth Day, said in a statement it 
would be unthinkable to execute them before the state supreme court considers 
the constitutional issues.


The extreme secrecy surrounding lethal injection in Oklahoma makes it 
impossible to know whether executions would be carried out in a humane and 
legal manner, the lawyers said. The lawyers appealed again Monday to the state 
supreme court.


The state has said Lockett and Warner will die, and that the question is how 
and when.


The citizens should not see their criminal justice system derailed and 
subverted by criminal defendants who have completely exhausted the entire range 
of appeals and processes required by the US and Oklahoma constitutions due to 
baseless speculation of theoretical harms raised in improper venues, the state 
said in a filing.


The state supreme court said it did not have the authority to stay the 
executions and transferred the matter to the criminal appeals court. But the 
criminal appeals court said it did not have the authority to grant a stay.


In transferring the case to the criminal appeals court, the state supreme court 
urged the judges to consider the gravity of the first impression 
constitutional issues this court will be charged with in addressing the 
appeals.


The appeals present claims, which if resolved in the prisoners' favor, might 
well support alterations in the execution process, the court said in 
transferring the stay.


At the criminal appeals court, judge Clancy Smith dissented from her 
colleagues, saying: I would grant a stay to avoid irreparable harm as the 
appellants face imminent execution. I would do so in