[Deathpenalty] death penalty news----ALABAMA
Dec. 8 ALABAMAexecution Ronald Smith executed for 1994 capital murder Ronald Smith was executed Thursday night for committing capital murder in 1994. He was pronounced dead at 11:05 p.m. Media witnesses said Smith gasped and coughed for 13 minutes of execution, which began at 10:25 and ended at 11:05. He was twice administered a consciousness check, and gave a level of reaction media witnesses who have covered several executions say they have never seen. It is the Alabama Department of Corrections' protocol to give a consciousness check after the 1st drug in the 3-drug lethal injection is given. The 1st drug is meant to anesthetize inmate's beyond consciousness. The 2nd drug is a paralytic and the third stops the heart. The 1st conscious check was at 10:37, the 2nd was at 10:46, ADOC spokesman Bob Horton said. Kent Faulk, an al.com reporter who witnessed Smith's execution along with 2 other lethal injection executions said this was the 1st time he has seen a consciousness check given twice. Smith's family did not attend the execution. One member of the victim's family who wished to not be identified was present. His was the 2nd execution in Alabama this year; Christopher Brooks was executed in January for a 1992 rape and murder. Shortly after his arrest, Smith confessed to killing and attempting to rob Wilson, a convenience store clerk and new father. A Madison County jury found 24-year-old Smith guilty of capital murder. They voted 7-5 to sentenced him to life in prison without the possibility of parole. 2 months later, the judge overrode their decision and gave him death. He cited the "particularly heinous" nature of the crime, pointing to evidence that indicated Smith killed Wilson "execution style." Alabama is the last state in the country that allows a judge to override a jury's recommended sentence. In January, the United States Supreme Court ruled in Hurst v. Florida that Florida's sentencing scheme, which also allowed judicial override, was unconstitutional. Following Hurst, The Delaware Supreme Court found that its sentencing scheme that also let judges override juries was also unconstitutional. Smith's attorneys petitioned SCOTUS to stay the execution in light of Hurst. Despite issuing two temporary stays in the hours leading up to Smith's execution, the high court ultimately denied his appeal in a 4-4 split. They filed another appeal asking the court to stay the execution that would have challenged the state's lethal injection protocol. The U.S. Supreme Court denied that petition as well. Less than a month ago, SCOTUS issued a stay of execution for Thomas Arthur, who had also challenged the death penalty protocol in a complaint separate from Smith's. The justices were again split 4-4 on whether to issue a stay, but Chief Justice John Roberts then cast a courtesy vote, allowing Arthur's execution to be delayed. It was the 7th time Arthur avoided execution. Both suits alleged that Alabama's death penalty process would cause cruel and unusual pain because the 1st drug administered does not properly anesthetize the condemned before injecting the 2nd and 3rd drugs. Without proper anesthetization, condemned inmates would feel burning and paralyzing sensations caused by the 2nd and 3rd drugs. U.S. District Judge Keith Watkins ultimately ruled against Smith. Smith's attorneys appealed his decision to the 11th Circuit U.S. Court of Appeals, but that court upheld Watkins' decision. Prior to his execution, Smith met with his mother, father, son and 4 friends. He was served a last meal at 2:34 p.m. He declined breakfast. A practicing Methodist, 45-year-old Smith asked to receive Holy Communion at 3:30 p.m. Department of Corrections Spokesman Bob Horton said his request was granted. Smith becomes the 2nd condemned inmate to be put to death this year in Alabama and the 58th overall since the state resumed capital punishment in 1983. Smith becomes the 20th and last person to be put to death this year in the USA and the 1442nd overall since the nation resumed executions on January 17, 1977. (sources: Montgomery Advertiser & Rick Halperin) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
[Deathpenalty] death penalty news----ALABAMA
Dec. 8 ALABAMAimminent execution Execution of Alabama Death Row inmate Ronald Bert Smith set to proceed The U.S. Supreme Court has yet again refused to stay Ronald Bert Smith's execution. The execution is now set for 9:45 p.m. As with the two stays denied by the high court earlier tonight, Smith's attorneys again sought a reconsideration, this time in order to give them time to file an appeal to the U.S. Supreme Court over the 11th Circuit Court of Appeals denial on Thursday of their appeal on the challenge to the state's three-drug method of execution. That third request was denied, a spokesperson for the court confirmed. Smith's attorneys had decided not to appeal on the drug issue but instead appealed to SCOTUS over Alabama's law that allows judges to override jury recommendations for life. The Alabama Supreme Court had denied the appeal on the override issue. Smith, a former Eagle Scout and Army reservist convicted in the 1994 slaying of a Huntsville convenience store clerk, for the second time tonight has been granted a temporary stay of execution by a U.S. Supreme Court justice. Smith, 45, was set to be executed by lethal injection at 6 p.m. at the Holman Correctional Facility in Atmore. He was to be the second inmate executed this year in Alabama. The state in January executed Christopher Eugene Brooks, Alabama's first execution since 2013. Two other executions scheduled this year, those of Vernon Madison and Tommy Arthur, were stayed earlier in 2016 by appeal courts. Smith had been granted a temporary stay at 5:14 p.m. U.S. Supreme Court Justice Clarence Thomas issued the stay "pending further order of the court." The Department of Corrections treated this as a temporary stay of the execution and as of 6:30 p.m. Thursday had not cancelled it. But, at 7:25 p.m., the U.S. Supreme Court vacated Thomas' order and denied the stay. "The application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is denied. The order heretofore entered by Justice Thomas is vacated." Four justices - Ginsburg, Breyer, Sotomayor, and Kagan would grant the application for stay of execution but they needed five to grant the stay. The Department of Corrections then reset the execution at 8:15 p.m. tonight. But then about 7:40 p.m. prisons spokesman Bob Horton announced that the Attorney General's Office had been told that another U.S. Supreme Court Justice has asked for another temporary stay. That stay was granted by Thomas again "pending further order of the undersigned or of the Court." After the original stay was denied, Smith's attorneys requested a reconsideration of the stay. "The Court released an order earlier today from which it appears that four Justices favor review of Mr. Smith's petition for writ of certiorari (review), but he did not receive five votes to stay of Mr. Smith's impending execution," Smith's attorneys stated in their request for reconsideration of the denial. "Because the Court's inconsistent practices respecting 5-4 stay denials in capital cases clash with the appearance and reality both of equal justice under law and of sound judicial decision-making, Mr. Smith asks this Court to reconsider the Court's denial of his application for a stay of execution." Alabama has until midnight tonight to execute Smith. Otherwise it would have to go back to the Alabama Supreme Court and seek another execution date. On Thursday, the U.S. 11th Circuit Court of Appeals denied his request for a stay of execution That court also affirmed a district court's dismissal of Smith's lawsuit challenging Alabama's three-drug lethal injection combination as cruel and unusual punishment. At the U.S. Supreme Court, attorneys for Smith are also seeking a stay of execution. The lawyers also are appealing the dismissal by the Alabama Supreme Court of Smith's claim that the state's death penalty sentencing law, which allows judges to override jury sentencing recommendations, is unconstitutional. In November the U.S. Supreme Court issued a similar stay in the Tommy Arthur case. There were temporary stays issued before the execution was called off for that night. The Associated Press also reported that Alabama Gov. Robert Bentley had no plans to stop the execution, a spokeswoman said Thursday evening. Smith's attorneys had petitioned Bentley seeking to have his sentence commuted to life in prison without the possibility of parole. Bentley has never granted clemency to a death row inmate. While waiting word from the U.S. Supreme Court Smith met with his mother, father and son and four other visitors today. Smith declined to eat breakfast but as his request for his last meal, which he was offered at 2:34 p.m. and ate, was three pieces of chicken and fries, Prisons Public Information Officer Bob Horton said. A special last request was that he be allowed to take Holy
[Deathpenalty] death penalty news----worldwide
Dec. 8 SUDAN: Fresh call for release of Christians facing death penalty in Sudan Christian Solidarity Worldwide (CSW) has raised concerns over the prolonged detention of 4 Christians in Sudan on the anniversary of their arrest. CSW has called for the release of Rev Hassan Abduraheem, Rev Kuwa Shamal, Petr Jasek and Abdumonem Abdumawla who were arrested in December 2015 and have been in detention since May 2016. The case against the men centres on the provision of finances for the medical treatment of a young man from Darfur who was injured in a demonstration in 2013. SudanPopulation: 36 million Christian population: 1.9 million The government of Sudan implements a 1-religion policy (Islam) Pastors and Christians face imprisonment if they share their beliefs and churches are often attacked and destroyed Jasek, who is a Czech national, travelled to Khartoum in December 2015 to meet the young man and donated almost 4,000 pounds toward his treatment. Rev Abduraheem, Rev Kuwa Shamal and Mr Abdumawla, had helped to arrange the visit. The 4 men are charged with 7 crimes including espionage and waging war against the state. The state claim the 4,000 pounds contribution was not for medical treatment but to fund rebel fighting. If the group are found guilty, they could receive the death penalty. CSW have claimed that since his arrest, Jasek has had limited contact with his family and legal representative while Rev Abduraheem was not permitted visits from family members until May 2016. CSW's Chief Executive Mervyn Thomas said: "This month marks one year since 4 men were arrested in Sudan on grave charges which they have denied, but which have been brought against them simply for extending compassion to a man in need of medical treatment. "In Rev Shamal's case, being a senior Christian leader and a member of the Nuba ethnic groups is sufficient for him to be targeted by the security services. "We urge the Sudanese authorities to immediately and unconditionally release these men and to drop all charges against them." (source: premier.org.uk) MALAYSIA: Police score biggest ketamine seizure of 2016, uncover drug lab in Bukit Jalil Malaysian police 'stung' a China-linked ketamine distribution syndicate out of business when they scored the biggest ketamine seizure of the year and uncovered a drug-processing laboratory in Bukit Jalil on Sunday. In respective raids at 2 apartments, the Bukit Aman police's Special Tactical Intelligence Narcotics Group (STING) seized 210kg of China-made ketamine, and drugs comprising syabu, Eramine-5, ecstasy and pil yaba worth a total of RM15.5 million. In another apartment, the police uncovered the drug laboratory and drug-making paraphernalia. In both raids carried out within 6 hours, beginning 9.30pm, 3 local men, including an unqualified chemist, were detained to facilitate investigations into the international drug trafficking syndicate. Federal Police (Bukit Aman) Narcotics Criminal Investigation Department director Datuk Seri Mohd Mokhtar Mohd Shariff described the ketamine seizure as the biggest this year. He said initial investigations revealed the ketamine was meant for local consumption, adding that the seized drugs could cater to 540,000 addicts. "We also seized 3 vehicles owned by the suspects - a Toyota Estima, a Toyota Mark and a Proton Gen 2 - as well as RM1,500," he told a press conference here today. Mohd Mokhtar said the suspects were remanded until Monday to facilitate investigations under Section 39B of the Dangerous Drugs Act 1952, which carries the mandatory death penalty upon conviction. On the types of drugs popular among addicts in the country, he said 47 % preferred syabu; heroin (30 %); yaba pill (12 %); ganja and ecstacy pills (5 % each); and ketamine (1 %). Meanwhile, Mohd Mokhtar said police seized various drugs worth RM211.98 million from Jan until Dec 4, and 189,190 individuals, including 7,508 foreigners were arrested over the seizure during the same period. (source: nst.com.my) PHILIPPINES: Mode of proposed death penalty: Hanging, firing squad, or lethal injection Lawmakers are up for more discussions when it comes to passing the proposed death penalty bill in Congress. 1 part of that bill is the mode of execution to the person convicted of a heinous crime. Under the bill, death penalty may be executed either by hanging, firing squad, or lethal injection. It also states that the death penalty shall be carried out from 1 year to 1 1/2 years after the judgment has become final and executory. Lawmakers want capital punishment for a number of drug offenses. Under the proposed bill reviving the death penalty, selling, trading, distributing, and transporting of dangerous drugs, regardless of quantity and purity, and manufacturing dangerous drugs may be punishable by death. Any person who possesses at least 10 grams of any
[Deathpenalty] death penalty news----worldwide
Dec. 8 UNITED KINGDOM/MIDDLE EAST: Theresa May fails to raise child executions at Gulf summit Theresa May has apparently declined to raise the issue of the death penalty for juveniles and political protestors in Saudi Arabia, despite emphasising in a speech today (7 December 2016) that the UK is the Gulf's "partner" in reform and of the "embedding" of international norms. Theresa May met yesterday with Saudi Arabia's King Salman during her 3-day visit to the Gulf Cooperation Council summit in Bahrain. According to reports today, Downing Street could not confirm whether "specific cases of imprisoned or exiled dissidents" had been raised during the meeting. The comment appears to mark a change in stance from previous statements; as recently as September, the Foreign Office confirmed that Boris Johnson had raised with his Saudi counterparts the cases of 3 juveniles facing execution in the Kingdom. Ali al-Nimr, Dawood al Marhoon and Abdullah al Zaher were arrested in relation to protests at the ages of 17, 17 and 15, and tortured into false 'confessions.' The Saudi authorities have executed several juveniles this year, and the international human rights organisation Reprieve has written to Theresa May, asking her to use this week's Gulf visit to press for the release of the 3. (http://www.ekklesia.co.uk/node/23610) Reprieve has warned the Prime Minister of evidence that more juveniles have recently been sentenced to death. The Prime Minister's predecessor, David Cameron, said last year that he would attempt to raise the cases with Saudi Arabia. Reprieve has also asked the Prime Minister to ask Kuwait to drop its plans to lower to 16 the age at which people can be executed; and to urge Bahrain to release prisoners who were tortured and sentenced to death for attendance at protests, such as father of 3 Mohammed Ramadan. The Prime Minister is due to meet with the King of Bahrain today. Yesterday Mr Ramadan's wife, Zainab Ebrahim, appealed to Mrs May to secure his release. Bahrain and Saudi Arabia have received substantial support and training from the UK for their prison and police services, and this morning, Mrs May said that the UK is "determined to continue to be your partner of choice as you embed international norms and see through the reforms which are so essential for all of your people." However, Reprieve has raised concerns over both countries' continued use of the death penalty and torture to extract false 'confessions'. During 2016, Freedom of Information requests by Reprieve have revealed that: --A Foreign Office project has seen hundreds of Bahraini prison guards in Bahrain's death row jail; --British Police have trained their Saudi counterparts in investigation techniques that could lead to the arrest, torture and sentencing to death of protesters; ?These projects have been undertaken without the safeguards that are supposed to be put in place under the Government's flagship guidance on the death penalty and torture overseas - known as the Overseas Security and Justice Assistance (OSJA) guidance.(http://www.ekklesia.co.uk/node/23452) Maya Foa, a director at Reprieve, said: "Theresa May's bid to be the Gulf's 'partner of choice' sounds more like a sales pitch than a much-needed call for reform. Despite years of substantial UK support apparently intended to improve the human rights situation in the Gulf, Bahrain and Saudi Arabia continue to torture and sentence to death juveniles and political dissidents - an appalling breach of the 'international norms' that Mrs May says she wants to promote. If the Prime Minister is going to commit the UK to greater cooperation with the Gulf, she must also call for an immediate end to these abuses - and the release of prisoners like Ali al-Nimr." (source: ekklesia.co.uk) TURKEY: A scary scenario in the Ankara political backstage Reinstating the death penalty was imposed on the political agenda by the Turkish leadership after the bloody coup attempt of July 15. The slogan "We want executions back" was first chanted by a group among the people who rushed to the Istanbul airport on that night to welcome and defend President Tayyip Erdogan, following his call via the private broadcaster CNN Turk. Erdogan channeled the feelings of the furious masses with that slogan. Later, using the justification that "my people want it so," he vowed that if parliament voted for it, he would approve it. His Justice and Development Party (AK Parti) dominates in parliament, and it is not only the AK Parti, but also its partner in the new constitution, the Nationalist Movement Party (MHP), that is in favor of bringing back capital punishment. The death penalty was abolished in 2000 as part of the framework of harmonizing Turkish legislation with that of the EU after the arrest of Abdullah Ocalan, the leader of the outlawed Kurdistan Workers' Party (PKK), in 1999, who was later
[Deathpenalty] death penalty news----OHIO, MO., KAN., CALIF., USA
Dec. 8 OHIO: Death-row inmate says his attorneys kept him from testifying in his own defense during 2006 trial About the case ... Prosecution's account: Clarence Fry Jr. stalked and killed Tamela Hardison, his estranged girlfriend, in 2005 to prevent her from testifying against him or as retaliation for his domestic violence arrest. Hardison, 41, was stabbed to death with a butcher knife while baby-sitting her grandchildren in her daughter's Akron apartment. Fry's account: Hardison was killed during a domestic quarrel when she would not return Fry's stereo, television and other belongings, which he said she took after his jailing for a previous domestic violence arrest. He went to the authorities to retrieve his belongings and, when that failed, confronted Hardison. Appeals: The Ohio Supreme Court upheld Fry's conviction in March 2010. He hasn't exhausted his appeals in the federal court system. Clarence Fry Jr. says he expected to testify in his capital murder trial in 2006. Family members of the Akron man thought he would take the stand. The trial ended with Fry behaving strangely but never testifying. Fry, 57, who was convicted and sentenced to death for the 2005 stabbing death of his estranged girlfriend Tamela Hardison, returned to Summit County Common Pleas Court on Wednesday for a hearing on whether he wasn't permitted to testify because his attorneys thought it would hurt his chances. The Ninth District Court of Appeals ordered the trial court to probe the issue. "We all expected to hear from him," Sharon Brandon, Fry's sister, said of her brother's testimony. "I thought that was the normal course of action." Patricia Cosgrove, who was the judge in Fry's trial and is now a visiting judge, presided over the hearing. She said she will consider the testimony and briefs submitted by the attorneys and make a written ruling. Cosgrove referred to Fry as a "true psychopath" when she followed a Summit County jury's recommendation in July 2006 and sentenced Fry to death. Fry behaved bizarrely during his trial a decade ago, frequently smiling and laughing and, at one point, eating candy. The Wednesday hearing was the continuation of proceedings that began July 14. Thomas Fields, a private investigator hired by Fry's defense attorneys, testified during the hearing that he met with Fry at the Summit County Jail several times before his trial. He said Fry told him he wanted to testify. He said he routinely would relay this information to defense attorneys, but he can't recall talking to Larry Whitney or Kerry O'Brien, Fry's trial lawyers, about Fry's desire to testify. Brandon said she talked to her brother several times before his trial and knew that he wanted to testify. "We both said, 'When you tell them [the jurors] what happened, it will be OK,'" she recalled. Brandon said Fry told her he was concerned that his attorneys weren't going to let him take the stand. She said she asked Whitney and O'Brien about this during the trial and one of them - she can't recall which - told her, "We don't think that's a good idea." Lawrence Fry Sr., Fry's brother, said he talked to his brother daily in the days leading up to and during the trial. Like Fry's sister, he said he knew Fry wanted to testify and expected that to happen. He said his brother wasn't happy with his attorneys and, at one point, attempted to get new counsel. He said both he and his brother thought Whitney and O'Brien weren't asking enough questions of the witnesses. Lawrence Fry said he asked Whitney whether his brother would testify after the prosecution had rested and the defense was about to start. He said Whitney told him it wasn't a good idea, but added, "We'll see how it goes.'" Richard Cline, one of Fry's new attorneys with the Ohio Public Defender's Office, asked Lawrence Fry if he thinks his brother knew it was his decision to make whether to testify. "I don't think he knew," the brother responded. "If he knew he did not need their consent, he would have testified." Assistant Prosecutor Angela Walls-Alexander asked Lawrence Fry if he was present in court when O'Brien announced Fry wouldn't be taking the stand. The brother said he didn't recall. Fry's attorneys objected to Walls-Alexander's question, noting the trial transcript shows O'Brien's statement was made during a sidebar conference between the attorneys and judge. In an unusual step, Walls-Alexander, who was one of the prosecutors in Fry's trial, took the witness stand to answer questions from Fry's attorneys. She said O'Brien made this statement in open court when Fry was in court but the jury wasn't present. Fry, who testified during the first hearing in July, briefly took the stand again Wednesday. He said he didn't hear O'Brien's announcement. "They were at a sidebar," Fry said. "I didn't hear none of it." (source: Akron Beacon Journal) MISSOURI: Apologies that come too
[Deathpenalty] death penalty news----TEXAS, DEL., FLA., ALA., TENN.
Dec. 8 TEXAS: 34 Years Ago, the First Person Died by Lethal Injection. It Was Controversial Then, Too It was seen as more humane and relatively painless, but that's not certain When Charles Brooks Jr. lay down on a gurney in the execution chamber, there was no way to know exactly what would happen next. On this day in 1982, Brooks was the first person to be executed by injecting a cocktail of drugs intended to numb his body and mind, paralyze him and stop his heart. His death, the 1st by lethal injection, sparked an ethics debate among the public and physicians about whether the procedure is humane, one that continues today. Brooks was convicted of murdering David Gregory, an auto mechanic, wrote Dick Reavis for Texas Monthly in early 1983. Gregory rode with Brooks during a test drive at the used-car lot where he worked. That night, he was found tied up in a motel room. He had been shot in the head. In separate trials, both Brooks and partner in crime Woodie Loudres were sentenced to die for the crime. Loudres was able to reduce his sentence, but Brooks was not, although no weapon was ever found and officials never determined who shot Gregory. Lethal injection was seen to be more humane than other execution methods, like gas, electrocution or hanging, according to an article on History.com. Because one of the drugs used was supposed to put the condemned in a state of deep sedation, it was also perceived to be painless. In spite of physician protests that lethal injection was a violation of medical ethics, wrote Robert Reinhold of The New York Times, it was seen as acceptable. But conflicting witness reports at Brooks's death led Reinhold to report that "the procedure did not seem to settle the question of whether such a death was painless." The conviction that landed Brooks on death row wasn't his 1st. What was different this time: he knew that if the state didn't intervene in his case, he could become the 1st man on death row to be killed by a cocktail of drugs designed to numb his mind and stop his heart. "In his best mood," Reavis wrote: "Charlie thought that there was nothing to fear in death by injection. He believed that he could set it up to be like the surgery after the 1st of his bullet woundings." Brooks and Reavis made an agreement: if the condemned man felt pain during his execution, he would shake his head, like he was saying "no," and Reavis would understand. They repeated the agreement at each meeting. In the end, the state didn't grant Brooks a stay of execution. "For the 1st time in American penal history," Reavis wrote, "men who were neither physicians nor sorcerers got ready to execute a prisoner with the forbidden tools of medicine and pharmacology," "According to 4 reporters who witnessed the execution in a tiny room at the edge of the prison's Walls unit, Mr. Brooks appeared to have suffered some pain," Reinhold wrote. Reavis was one of those reporters. He wrote: It was perhaps a minute, perhaps 2 minutes, before he felt death creeping in. The [sic] he slowly moved his head towards the left shoulder, and back towards the right, then upward, leftward again, as if silently saying no. I snapped to erectness. Charlie was wagging his head: was that his signal to me? He couldn't be sure one way or the other. Today, those killed by lethal injection are almost as likely to be guinea pigs for the procedure as Brooks was. Supplies of known lethal-injection cocktails are running out across the United States, reports Tess Owen for Vice. Injections nationwide are at a 25-year low, she writes, partially because it's increasingly hard for corrections departments to get the drugs they need to perform them. This deficit has led to correctional departments trying untested mixes of drugs to replace the old standards they aren't able to get anymore, with grim results. Only Texas, Georgia and Missouri are using the death penalty "with any regularity," writes Mike Brantley for AL.com. But the death penalty remains legal, and those who face the prospect of death at state hands may potentially be killed using untried cocktails of drugs. (source: smithsonianmag.com) DELAWARE: Fate of Delaware inmates on death row rests with Supreme Court Delaware's Supreme Court justices are mulling whether their ruling declaring the state's death penalty law unconstitutional can be applied retroactively to a dozen men already sentenced to death. The court heard arguments Wednesday in an appeal filed by Derrick Powell, who was sentenced to death in 2011 for killing Georgetown police officer Chad Spicer in 2009. Deputy Attorney General John Williams, used Danforth vs. Minnesota, made the argument that the change in law does not apply to those currently on death row. "The question of retroactivity is what to do when the law changes," argued Deputy Attorney General John Williams. "States are free to adopt whatever
