[Deathpenalty] death penalty news----ALABAMA
Sept. 29 ALABAMAstay of impending execution A federal appeals court has granted a stay of execution for Alabama death row inmate Jeffrey Lynn Borden, who was scheduled to die by lethal injection next week. The order from the U.S. Court of Appeals for the Eleventh Circuit stayed Borden's execution, set for Thursday at 6 p.m. "His...challenge began in September 2016 (long before the State obtained a warrant for his execution) and is ongoing today. Moreover, in a case raising a similar challenge...we recently held that there is a genuine issue of material fact regarding whether Alabama's current method of execution violates the Eighth Amendment's prohibition on cruel and unusual punishment and remanded for further proceedings," the order states. Borden's scheduled execution "would interfere with our ability to give effect to--and prevent interference with--these decisions." On September 6, the court reversed the district court's dismissal of Borden's (and several other death row inmates') claims that Alabama's 3-drug execution method is unconstitutional, and ordered the U.S. District Court for the Alabama Middle District revisit the case and hold an evidentiary hearing. "Our decision to enjoin Mr. Borden's execution is not an indictment of Alabama or its officials," the order Friday stated. "Under the circumstances of this case, we have concluded that an injunction is warranted to give the District Court enough time to receive our mandate and proceed accordingly." Borden has been on death row for 22 years, and was convicted of the murders of Cheryl Borden and her father Roland Harris. The murders took place at a family gathering in Gardendale on Christmas Eve 1993. Court records show Borden travelled from Huntsville to Gardendale to bring his 3 children to Cheryl Borden, his legally separate wife and the children's mother. After Cheryl Borden arrived, Jeffrey Borden shot her in the back of her head outside the house in the presence of the children. Borden then shot Roland Harris, his wife's father, in the back as Harris tried to run into the house. John Palombi, Assistant Federal Defender with the Federal Defenders for the Middle District of Alabama, represents both Borden and McNabb. He stated, "We are pleased that the 11th Circuit has enjoined Mr. Borden's execution. This will allow his challenge to Alabama's method of execution to proceed without the threat of an impending execution, and will permit the District Court to have sufficient time to give this case the measured consideration it deserves." Friday's order states Borden cannot be executed before October 19. Another death row inmate, Torrey McNabb, is scheduled to be executed on October 19. McNabb had also filed a motion to have his execution stayed, but the court entered a second order Friday denying McNabb's request. The court's order showed McNabb must wait until after October 5, when their original reversal of the district court's dismissal is mandated and the district court judge court can hold an evidentiary hearing. "We will certainly follow the Circuit Court's direction and promptly file a motion for stay of execution for Mr. McNabb in the District Court when that court regains jurisdiction," Palombi said. (source: phadp.org) ___ 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----worldwide
Sept. 29 LEBANON: Lebanon's Military Tribunal Sentences Terrorist Ahmad Assir to Death The Permanent Military Tribunal, chaired by Major General Hussein Abdullah, on Thursday sentenced in absentia death penalty against the terrorist Ahmad al-Assir in the Abra incidents' case. The Military Tribunal also sentenced Assir's assistant Fadel Shaker to 15 years of hard labor and stripped him of his civil rights with an 800,000 lira fine. In 2013, Ahmad Assir led a terrorist group to launch attacks on the civilians and the Lebanese army in the southern city of Sidon, causing the martyrdom of 18 army soldiers. (sources: Al-Manar Website and NNA) NIGERIA: Senate recommends death penalty for kidnappers The Senate on Thursday passed a Bill for a law against abduction, wrongful restraint or wrongful confinement for a ransom. This came after a clause-by-clause consideration of a Report on the issue by Senate Committee on Judiciary, Human Rights and Legal Matters at plenary. The Bill was sponsored by Senator Isa Misau (APC-Bauchi) and Senator Chukwuka Utazi (PDP-Enugu), who presented the report on behalf of the Chairman of the committee, Senator David Umaru. While presenting it, Utazi said the Bill sought to prescribe stiff punishment for the offence of abduction, wrongful restraint and wrongful confinement for ransom. He said the bill sought to combat and prevent any form of kidnapping in Nigeria and gave wider powers to the Inspector-General of Police to ensure adequate combating of crime. Clause 1 (3) of the Bill states: "Whoever is guilty of the offence and then results in the death of the victim shall be liable on conviction to be sentenced to death." Clause 5 (2): "Anyone who fails to produce any book, account, receipts, vouchers or other documents which is in his possession or control shall be guilty of an offence. "The person shall be liable on conviction to a fine not exceeding N100, 000 or to imprisonment for a term not exceeding one year or to both fine and imprisonment." Clause 3 provides a 30-year jail term to anyone who colludes with abductor to receive any ransom for the release of any person who has been wrongfully confined. The report was unanimously accepted by the lawmakers after a voice vote put by the President of the Senate, Dr. Abubakar Bukola Saraki. The Senate also passed the Bill for the Prohibition and Protection of Persons from Lynching. However, the report of the Committee on Trade and Investment on Counterfeit Goods Bill was stepped down due to technical irregularities. Saraki, thereafter, referred the report to Legal Department of the National Assembly and urged chairmen of all committees to ensure that their reports passed through the legal department before consideration by the Senate. (source: theeagleonline.ng) KENYA: 3 face death penalty for Del Monte Kenya pineapple theft, report says Kenya's Court of Appeal has reportedly upheld the death sentence handed to three men who allegedly stole 30 pineapples from a Del Monte farm, according to local publication Standard Media. Julius Mugambi, Edward Mburu and Francis Maina lost their case after the court found they were positively identified as part of a gang of 7 intruders, the story said. They are now reported to be on death row even though they never got away with the fruits worth Sh1,500 from a facility belonging to Del Monte Kenya, which is owned by Fresh Del Monte. The 3 were charged with threatening security guards using machetes before stealing the pineapples and also with unlawfully injuring an animal, the story said. They were reportedly first arraigned in the magistrate's court in Thika on November 1, 2008, where they were tried and sentenced to death. They filed an appeal at the High Court, arguing there was a mistake in the identification of intruders at the farm on the day, according to Standard Media. At the time of writing, Fresh Del Monte had not replied to Fresh Fruit Portal's request for comment on the matter. (source: freshfruitportal.com) EGYPT: NCHR annual report recommends restriction of military trials, denies systematic torture The Egyptian National Council of Human Rights [NCHR] released on Wednesday its annual report on the period from April 2016 to June 2017, which highlighted the conditions of human rights in Egypt and the state's efforts in combating terrorism. The report asserted that there is no systematic torture performed against prisoners inside Egyptian prisons as rumored, noting that the monitored torture cases are 'individual' and all its perpetrators are tried on a regular basis. Meanwhile, the report mentioned that NCHR's head Mohamed Fayek met with delegations from the US congress and stressed to them that all reports issued by the Congress on the presence of sectarian strife in Egypt between Copts and Muslims have no relation to reality. Moreover, the
[Deathpenalty] death penalty news----PENN., N.C., GA., FLA., LA.
Sept. 29 PENNSYLVANIAexecution date setnot too serious Notice sets Nov. 17 for death of 2003 Allentown murderer; execution still unlikely this year Junius Burno, who killed 2 men during a 2003 Allentown robbery, is scheduled to die Nov. 17 under a notice of execution signed Thursday by the state Department of Corrections secretary. But even with the notice, Burno, 49, of Lansford, is not likely to be executed on that date. The state still has a moratorium on the death penalty and courts are expected to review the case even further. Corrections Secretary John Wetzel signed the notice of execution, the department said. Under state law, the corrections secretary is required to sign the notice within 30 days of a period given the governor to sign it. Wolf did not sign. Burno on April 13, 2003, shot and killed Carlos Juarbe of Allentown and Oscar Rosado III, 35, of Bethlehem during a botched robbery at Juarbe's South Fourth Street, Allentown, apartment. He was convicted of murder in March 2007 and his appeals for a new trial were overruled by the Pennsylvania Supreme Court in June 2014. Burno is in Greene State Prison in Waynesburg. Terrance Bethea of Catasauqua, Burno's co-defendant in the case, was given two life sentences after being convicted of murder in 2004. Prosecutors said Burno was the prime trigger man. (source: Morning Call) NORTH CAROLINA: Jury selection may prove difficult in Greensboro death penalty case Jury selection is a difficult enough process on a 1st-degree murder trial, but coupling that charge with sensitive topics and a possible death sentence may make seating a panel more difficult next week. On Monday, 29-year-old Garry Gupton, of Greensboro, faces the death penalty if convicted in the Nov. 15, 2014, death of 46-year-old Stephen White. Police said Gupton met White at Chemistry Nightclub - a gay bar and lounge - and took him to the Battleground Inn at 1517 W. Wendover Terrace in Greensboro. Gupton is accused of assaulting White and then setting his body on fire in a 4th-floor hotel room. On Wednesday, Gupton told Superior Court Judge Michael Duncan that his attorneys Ames Chamberlin and Wayne Baucino have his permission to admit to some of the accusations, but plead not guilty by reason of insanity. In a last-minute effort to save their client from a death sentence, Chamberlin and Baucino filed a motion asking Duncan to rule the death penalty as unconstitutional. Duncan denied that motion. Duncan, Chamberlin, Baucino and Assistant District Attorney Robert Enochs spent the majority of Wednesday afternoon figuring out how best to choose an impartial jury for Gupton's trial, which is expected to last between 3 to 5 weeks. They all agreed that it will be a difficult case to seat a jury because it deals with mental health issues, homosexual relationships and the possibility of sentencing someone to death - topics many people have strong opinions about. "I think that someone who believes that all homosexuals are sinners and should be sent off somewhere can't be fair and impartial," Baucino told the judge. Court officials agreed to give the jury pool a questionnaire to fill out Monday morning with questions about their views on homosexual relationships, mental health and alcoholism, among other things. The rationale was to allow potential jurors to openly discuss their views of these topics without putting them on the spot in front of their peers. After finishing the questionnaire, the jury candidates will then be divided into pools. The 1st pool of 24 people will be questioned to see whether they can be fair and impartial to both sides. As candidates for the jury are whittled out, 12 more people will come to the courtroom to be asked the same series of questions until a full jury panel is selected. The Guilford County Clerk of Courts office anticipates 180 people showing up for jury selection Monday morning. (source: Winston-Salem Journal) *** Richmond County prosecutors seek death penalty in double murder case The District Attorney's office on Tuesday announced in Richmond County Superior Court that it would be seeking the death penalty for a man charged in a double murder. Christopher Mark Robson, 44, is accused of killing Joseph and Katherine Cassidy on Aug. 20. According to a judicial order from the Rule 24 conference, prosecutors "contend there is evidence in support of at least 1" of the 11 aggravating circumstances listed in state law, although no circumstances are specified. Those circumstances are if: -- the capital felony was committed by a person lawfully incarcerated. -- the defendant had been previously convicted of another capital felony or had been previously adjudicated delinquent in a juvenile proceeding for committing an offense that would be a capital felony if committed by an adult. -- the defendant had been previously
[Deathpenalty] death penalty news----IND., OKLA., USA
Sept. 29 INDIANA: Prosecutor to seek death penalty against Jason Brown, man accused of killing Lt. Aaron Allan The Marion County Prosecutor announced on Thursday that his office would be seeking the death penalty against accused cop killer Jason Brown. Brown, 28, is accused of shooting Southport Police Department Lt. Aaron Allan multiple times after flipping his car near the intersection of Madison Avenue and Maynard Drive on July 27. Lt. Allan was rushed to the hospital where he later died. Marion County Prosecutor Terry Curry said the decision to seek the death penalty against Brown was made after going over hours of evidence and interviewing everyone involved with the case. "This is not a decision we make lightly and this is not a decision I make on my own," said Curry. The aggravated circumstances cited for the death penalty request are that Brown murdered Lt. Allan while the officer was employed by the Southport Police Department and was acting in the course of his duty as a law enforcement officer. Curry said over the 7 years that his he has served in the Marion County Prosecutor's Office, 4 officers have been lost to intentional killings: David Moore, Rod Bradway, Perry Renn and now, Aaron Allan. In addition, Curry said they have had numerous officers shot, officers' houses shot up and shootings at 2 police districts. "As we've said on those occasions, and we'll emphasize again: We will not tolerate attacks on our police officers," said Curry. Json Brown made his 1st and only court appearance on August 9 after being released from the hospital where he was treated for injuries he sustained from the crash and gunshot wounds from the shooting. When asked if he was sorry for what happened during that appearance, Brown said nothing and continued walking into the courthouse. (source: theindychannel.com) OKLAHOMA: Alton Nolen's defense calls 2nd psychologist A 2nd psychologist called by Alton Nolen's defense team testified Tuesday that it's possible Nolen's alleged mental illness started when he left home and had to fend for himself. "Nolen had never been out on his own. He isolated himself. He wasn't well liked and everything started to spin out of control," Tulsa psychologist Anita Jeanne Russell said. "He progressively declined and he continues to get sicker." Russell is the 2nd psychologist to testify this week to aid in defense, which is seeking a not guilty verdict by reason of insanity. Russell, like Texas psychologist Antoinette McGarrahan, who also testified, determined Nolen was mentally ill at the time of the offense. "Nolen suffered from not being able to understand the wrongfulness of his actions," Russell said. "I found him to be extremely delusional." Nolen, 33, graduated in 2003 from Idabel High School and later attended college, where he received "A" grades in 2 classes before dropping out. Russell said he subsequently moved away from home and worked low-skill jobs. Nolen is charged with beheading former Vaughan Foods coworker Colleen Hufford and attempting to behead another on Sept. 25, 2014, after he was suspended from his production line job. Since the attack, Nolen, a Muslim convert, has been adamant about pleading guilty and receiving the death penalty. "I'm not dumb, I do not have a mental illness. I'm pleading guilty and I want the death penalty," Nolen said during a hearing in 2016. "I'm not here to talk about the situation; I'm here to make a plea. I'm being held captive by people who do not believe in the one true God." Russell said when she first evaluated Nolen in 2015, he was cooperative, but that changed when she returned to talk to him in May. "He didn't want to talk to me at all," she said. "In 2015, he made it clear what he wanted (the death penalty), and he saw me as a way to get it." The way Nolen acted toward Russell when she visited him in May is similar to the way he has been behaving during court proceedings the last few months. With his head down, eyes closed and ears covered, Nolen agrees to appear before the court each day, but his cooperation with defense counsel continues to be nonexistent. Russell's testimony continues today. (source: muskogeephoenix.com) USA: After Executions, Defense Attorneys Have Their Own GriefA therapist on the emotional price lawyers pay to defend individuals sentenced to death. In some human endeavors it may be reasonable to expect a correlation between effort and achievement, but not in capital defense, especially when you're defending people who have already been sentenced to death. Talent and dedication don't much change those odds. "It's a tremendous feeling of helplessness," one attorney told me. "I'm doing everything right, I'm doing my job, I'm doing my job really well, and my client is still getting executed." As a clinical mental health counselor and researcher specializing in the emotional
