[Deathpenalty] death penalty news----worldwide

2017-10-21 Thread Rick Halperin





Oct. 21



LEBANON:

Death penalty for Bachir Gemayel killers



Former President-elect Bachir Gemayel's killers were sentenced to death in 
absentia Friday, 35 years after a bomb was detonated targeting Gemayel in 
Ashrafieh.


"Finally, the verdict was released in the name of the Lebanese people after 35 
years of working for [justice] for Bachir and his friends," Solange Gemayel, 
Bachir's widow, said following the court's decision.


She added: "I'm speaking as the mother of a martyr and the wife of a martyr - 
just like thousands of other Lebanese who believed in the cause."


Gemayel thanked the judicial council and said the decision allowed the state to 
regain its authority and would restore the Lebanese citzens' belief in 
constitutional institutions.


Head of the Judicial Council Judge Jean Fahed announced the verdict from 
Beirut's Justice Palace, calling for the death penalty to be given to Nabil 
Alam and Habib Chartouni. The audience erupted in applause.


Fahed said the 2 suspects, who were tried in absentia, carried out an act of 
terrorism and had played a part in compromising the political stability that 
Gemayel was on the verge of bringing about.


Chartouni and Alam were also stripped of their civil rights, while the court 
ordered compensation to be paid to the families of those killed in the 1982 
bombing.


Members of the Kataeb Party, the Lebanese Forces and Gemayel's family attended 
the hearing at Beirut's Justice Palace. Meanwhile, members of the Syrian 
Socialist National Party protested outside the Justice Palace and in Tayyouneh, 
calling the killing of Gemayel a national duty, not a crime.


Lebanese Army soldiers deployed outside the Justice Ministry to prevent any 
scuffles breaking out.


Gemayel's nephew, MP Sami Gemayel, posted a picture of Bachir and tweeted: 
"#AccountabilityDay #JusticeforthesakeofallLebanon #BachirGemayel."


Walking in to the hearing, he told reporters, "Today is a historical day."

Also before the announcement, Bachir's son, MP Nadim Gemayel, said: "Even 35 
years later, you still make them shake #JusticeforthesakeofallLebanon."


Outside the Justice Ministry, one SSNP supporter said, "If my father was seen 
entering an Israeli tank, I would kill him. Today, we are all Habib Chartouni."


The man added: "This was not a political killing, rather it was done to carry 
out justice." Such comments seemingly indicated that SSNP all but admitted to 
the killing of the president-elect.


After the trail was opened in November 2016, multiple hearings were held as the 
fugitive Chartouni, who is believed to be living in Syria, was prosecuted in 
absentia. He had allegedly confessed to planting and detonating the bomb.


Fahed opened the trial last year and originally gave the SSNP member 24 hours 
to turn himself in.


Chartouni was charged with the assassination but never stood trial once the 
case had been transferred to the Judicial Council.


He escaped from prison in 1990, after Syrian troops stormed east Beirut.

Bachir Gemayel was a senior Kataeb party member and commander of the LF during 
the Civil War.


He was elected president on Aug. 23, 1982. 9 days before he was scheduled to be 
sworn into office, Gemayel, other Kataeb Party members and bystanders were 
killed when a bomb exploded at the party's headquarters in Ashrafieh.


Prior to Gemayel's election, he was accused of being close to Israel and being 
anti-Palestinian. Following his election, the former LF leader banned all LF 
members from wearing their uniforms in public, and demanded that the Lebanese 
Army be the sole defender of the state.


(source: The Daily Star)








SAUDI ARABIA/INDONESIA:

2 Indonesians granted pardon in Saudi



The Indonesian government has managed to successfully secure the release of 2 
Indonesians on death row in Saudi Arabia and repatriated them on Saturday.


"The 2 Indonesian citizens, identified by their initials as DT and AHB, arrived 
today in Indonesia through the Soekarno-Hatta Airport," Director of Indonesian 
Citizens Protection of the Ministry of Foreign Affairs Lalu Muhammad Iqbal 
noted here on a message received on Saturday.


The 2 Indonesians were released after serving their prison term and caning 
sentence at a womens penitentiary in Jeddah, Saudi Arabia.


Iqbal revealed that DT and AHB came to Saudi before 2002 as illegal migrant 
workers in Jeddah.


Both had lived in an illegal settlement in Jeddah along with other illegal 
migrant workers.


The legal case started in May 2002 when a body of an Indonesian woman named AA 
was found dismembered into 2 pieces in the settlement.


A Thai, the victims husband, was freed from accusation charges since he was not 
found guilty.


Meanwhile, DT and AHB were named as suspects in a case, as they escaped from 
the settlement.


The 2 Indonesians were sentenced to death by the General Court of Jeddah on 
April 12, 2010.


The Indonesian government had provided legal assistance to the 2 

[Deathpenalty] death penalty news----KY., ARK., MO., COLO., NEV., CALIF., USA

2017-10-21 Thread Rick Halperin






Oct. 21



KENTUCKY:

Trial delayed, death penalty under review



The trial for the alleged murderers of the former Kernel photo editor is 
delayed while a decision is made about the constitutionality of the death 
penalty for those under 21.


Efrain Diaz, Justin Smith and Roman Gonzalez allegedly killed Jonathan Krueger 
in April of 2015.


Gonzalez was 17 at the time of the crime and was automatically ineligible for 
the death penalty, but the other 2 men were over 18.


In September, however, Judge Ernesto Scorsone took the death penalty off the 
table for Diaz and Smith as well, said prosecutor Andrea Mattingly Williams.


Scorsone made the decision related to the case of Travis Bredhold, who is now 
21 but was just over 18 when he was charged with murder and robbery, according 
to the Herald-Leader.


Fayette County Commonwealth's Attorney Lou Anna Red Corn, who is the prosecutor 
in the Krueger trial along with Williams, made a statement after the judge's 
decision in August. She said she will appeal Scorsone's order "because it is 
contrary to the laws of Kentucky and the laws of the United States," the 
Herald-Leader reported.


Williams said the prosecutor's office has appealed that decision to the Court 
of Appeals, with the help of the office of Kentucky Attorney General Andy 
Beshear.


"To the best of our knowledge, this is the 1st time a circuit judge has ruled 
that the death penalty statute is unconstitutional as it applies to defendants 
who are less than 21 years of age," said Terry Sebastian, head of the attorney 
general's Office of Communications. "As such, the ruling warrants a review by 
an appellate court."


The prosecutor's office has made a motion to transfer the decision of 
constitutionality to the Kentucky Supreme Court, Williams said.


The death penalty was reinstated in Kentucky in 1975, according to the Death 
Penalty Information Center. In 2005, the United States Supreme Court decided in 
Roper v. Simmons that the execution of offenders under the age of 18 at the 
time of the crime was unconstitutional because of the Eighth and Fourteenth 
Amendments.


Williams said the prosecutor's office does not know how long the appeals 
process might take. In the meantime, she said, those involved in the trial will 
try to make what progress they can while they wait for this decision.


Mary Krueger, mother of the victim, declined to comment about the specifics of 
the trial but said she hopes to someday see the trial go forward.


(source: Kentucky Kernel)








ARKANSAS:

Discussion: State killing of the mentally ill



The Arkansas Coalition to Abolish the Death Penalty and others will have a 
forum on mental illness and the death penalty at 6:30 p.m. Monday at the Bowen 
School of Law's Friday Courtroom.


Furonda Brasfield, executive director of the coalition, said there will be an 
informal discussion on mental illness, how it can affect behavior and how the 
criminal justice system deals with mental illness.


Likely to be discussed is the case of Jack Greene, convicted of capital murder 
and scheduled to be killed by the state Nov. 9. His attorneys say he's mentally 
incompetent to be executed. The state Correction Department thinks otherwise.


Participants include Rep. Vivian Flowers, who tried in 2017 to pass legislation 
to preclude the death penalty for people with serious mental illnesses; Julie 
Vandiver, one of Jack Greene's attorneys; a clinical psychologist and a 
representative of Judicial Equality for Mental Illness.


(source: arkansastimes.com)








MISSOURI:

Poverty not an acceptable excuse for the act of murder



Regarding the commentary "Death penalty represents broken system of justice" 
(Oct. 19):


We all recognize that money can buy a better defense, but that is nothing new 
to our judicial system and has been true for crimes committed by people of all 
income levels and race throughout our history. Poverty is just not an 
acceptable excuse for the act of murder or killing. Many people grow up poor in 
rural areas and urban Missouri but don't resort to killing.


The writers of the commentary say, "African-Americans are overrepresented on 
Missouri's death row, accounting for only about 11 % of the state's total 
population, but making up 1/3 of the inmates facing capital punishment." Were 
these people just rounded up off the streets for no reason or, did they commit 
the crimes for which they are being charged? Do the authors suggest that no 
charges be filed against suspected criminals once a percentage of population 
has been reached? Percentages should be blind to race and income level and not 
used to advance any political agenda.


Maybe more concern should be shown to the victims instead of the criminals. The 
authors also state that "poverty is perhaps the single most significant factor 
to determine whether someone will receive a death sentence." Not true. 
Murdering another person is the single most important factor in 

[Deathpenalty] death penalty news----TEXAS, VA., N.C., FLA., OHIO, IND.

2017-10-21 Thread Rick Halperin





Oct. 21




TEXAS:

With jury chosen, court takes up final pretrial matters in capital murder case



Final pretrial matters were discussed Thursday at a hearing in the case of 
Billy Joel Tracy, a Texas prison inmate facing the death penalty in the July 
2015 beating death of a correctional officer at the Barry Telford Unit.


Tracy's lead defense attorney, Mac Cobb of Mount Pleasant, Texas, said he 
intends to supplement a previously filed motion for a change of venue in the 
case with additional arguments and copies of news articles after 102nd District 
Judge Bobby Lockhart said he is willing to rule on the issue. A jury of 7 men 
and 5 women was seated earlier this month after weeks of jury selection. 2 
women will serve as alternates.


Texarkana lawyer Jeff Harrelson, who also represents Tracy, said the defense 
would have stricken two of the existing jurors had Lockhart allowed them more 
"strikes" than the 17 they exercised during the selection process. Lockhart 
said the average age of the jury is 48. He said the youngest juror is 24, that 
more than 1/2 of the jurors are college educated, and that the group is 
racially diverse.


Assistant District Attorney Kelley Crisp said the state is working with the 
Texas Department of Criminal Justice to quickly acquire employment records for 
witnesses expected to testify for the state who currently or formerly worked in 
prison units where Tracy has been housed. Crisp also addressed the matter of 
experts expected to testify for the defense in the event Tracy is found guilty 
and the trial enters a second phase to determine punishment.


"Are they qualified? Is this reliable science?" Crisp said. "We don't even know 
what kind of hearing we're having. Is this hard science? soft science? This 
could go on for days."


Crisp said the state wants the opportunity to review reports such as "brain 
scans" and the underlying science on which the defense experts will base their 
testimony and opinions so that she can raise any challenges to their testimony 
before the punishment phase of trial begins. Both sides are entitled to 
question expert witnesses about their qualifications and the data, studies or 
theories, for example, on which they rely and seek a ruling from the judge as 
to whether the testimony should be admitted during the trial.


If the jury finds Tracy, 39, guilty, the court will have at least a couple of 
days to conduct hearings before the date for punishment testimony is scheduled 
to begin. Lockhart said Thursday that he expects the guilt-or-innocence phase 
of trial to take about a week. The punishment phase is scheduled to begin Nov. 
1, in the event Tracy is convicted.


Tracy is accused of beating Correctional Officer Timothy Davison, 47, to death 
the morning of July 15, 2015, during a routine walk from a prison day room back 
to Tracy's 1-man cell in administrative segregation. Tracy, who had allegedly 
packed all of his personal belongings before walking out of his cell for an 
hour of recreation, attacked Davison after slipping his left hand free of its 
cuff. After knocking the officer to the floor, Tracy allegedly grabbed 
Davison's metal tray slot bar and used it to pummel him. The attack reportedly 
was captured on video surveillance from multiple angles and is expected to be 
played for the jury during the 1st phase of trial.


Tracy's prison history began in 1995 when he was sentenced to a 3-year term for 
retaliation in Tarrant County, Texas. 3 years later, Tracy was sentenced to 
life with parole possible, plus 20 years for burglary, aggravated assault and 
assault on a public servant in Rockwall County, Texas. In 2005, Tracy received 
an additional 45-year term for stabbing a guard with a homemade weapon at a 
TDCJ unit in Amarillo, Texas. Tracy was sentenced to 10 years in 2009 for 
attacking a guard at a TDCJ unit in Abilene, Texas.


The jury has the option of sentencing Tracy to life without the possiblity of 
parole or death by lethal injection.


(source: Texarkana Gazette)








VIRGINIA:

Death penalty option removed for man in parents' slayings



Prosecutors say a Virginia man accused of fatally shooting his parents on 
Easter Sunday in 2016 will no longer face the possibility of the death penalty.


The Richmond Times-Dispatch reports Henrico Commonwealth's Attorney Shannon 
Taylor filed a formal notice Thursday in the capital murder case against 
24-year-old William Roy Brissette.


"Based on the information ... provided to date, we felt it was the appropriate 
action to take at this time," Taylor told the newspaper. But she declined to 
discuss specifics as to why prosecutors decided to withdraw the death penalty 
as an option.


59-year-old Henry J. Brissette III and 56-year-old Martha B. Brissette were 
found dead March 27, 2016, in the home they shared with their son.


Brissette has been diagnosed with schizophrenia and was found incompetent in 
April.


(source: Associated Press)








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