[Deathpenalty] death penalty news----worldwide

2017-11-04 Thread Rick Halperin





Nov. 4




ZIMBABWE:

Mugabe wants return of death penalty to cure rising murder cases



Zimbabwean president Robert Mugabe has made a case for the return of death 
sentence onto the law books.


Mugabe cited the increasing rate of murder cases in the southern Africa country 
as justification for a return of the law. He also expressed worry at how people 
killed others because of trivial and ritual purposes.


The 93-year-old was speaking at the funeral of a political ally, Don Muvuti, in 
the capital Harare on Wednesday. "Let's restore the death penalty. People are 
playing with death by killing each other.


"Is this why we liberated this country? We want this country to be a peaceful 
and happy nation, not a country with people who kill each other," he added.


The AFP news agency reports that the last execution in the country happened 12 
years ago after which the hangman retired. But a justice ministry official is 
said to have disclosed that that over 50 people have since applied for the 
vacant post of the executioner.


Reports indicate that the country currently has over 90 prisoners on death row. 
Rights groups have increasingly called for the death penalty to be scrapped 
from the law books across the world.


Most African countries only have them sitting on the books but hardly implement 
them. Nigeria's Lagos State recently mooted death sentence for kidnappers after 
a spike in the crime.


In Tanzania, however, President Magufuli was quoted as saying even though it 
was on the books, he will not be in a position to sign death warrant of 
convicts.


"I know there are people who convicted of murder and waiting for death penalty, 
but please don't bring the list to me for decision because I know how difficult 
it is to execute," he said.


Tanzania's Penal Code, Cap 16 stipulates the death penalty for serious offenses 
like murder and treason.


(source: africanews.com)








EGYPT:

ourist 'faces death penalty in Egypt' for carrying painkillersLaura Plummer 
remains in custody and her family says they were told she could face execution




A British woman has been detained in Egypt after flying into the country with 
painkillers for her husband's sore back.


Laura Plummer, 33, from Hull, was arrested when she was found to be carrying 
tramadol and Naproxen in her suitcase.


The newspaper said she signed a 38-page statement in Arabic which she thought 
would result in her being able to leave the airport, but she has been held in a 
15ft by 15ft cell with 25 other women for nearly a month.


Her brother James Plummer, 31, said the family has been told she could face up 
to 25 years in jail, with one lawyer even mentioning the death penalty, The Sun 
reported.


Irish citizen released from prison in Egypt after 4-year detention

Mr Plummer said his sister had been arrested for what he thinks the authorities 
in Egypt call "drug trafficking", but said she had only brought a small amount 
of medication for her Egyptian husband who she visits 2 to 4 times a year.


The Sun said she took 29 strips of tramadol, each containing ten tablets, plus 
some Naproxen, adding that her husband suffers back pain due to an accident.


Mr Plummer said: "It's just blown out of proportion completely."

He said his sister just thought she was doing a "good deed" by bringing the 
medication over to her husband, and said she will be "completely out of her 
comfort zone" in jail.


"She's so by the book, so routine, she just likes her own home comforts, 
watches Emmerdale every night or things like that, going to bed at 9 o'clock 
every night," he said.


Mr Plummer said his mother and sisters have travelled to Egypt to visit Laura 
following her arrest on 9 October, adding: "They say she's unrecognisable. When 
they seen her, she's like a zombie, they said."


He said her hair is starting to fall out due to stress and he voiced concerns 
about how she will cope.


"I don't think she's tough enough to survive it," he said, adding: "She has a 
phobia of using anybody else's toilet, so let alone sharing a toilet and a 
floor with everybody else. That will be awful for her, it'll be traumatising."


Mr Plummer said the family feel "helpless" due to being in a different country, 
and said of his sister: "It's awful for Laura ... she's not a tough person at 
all. She's only small."


A Foreign Office spokesman said: "We are supporting a British woman and her 
family following her detention in Egypt."


(source: The Independent)








IRAN:

Thousands of Iranian Death Row Inmates to Receive Sentence Reviews Under 
Amended Drug Law




Thousands of Iranians currently on death row for low-level drug crimes will 
receive sentence reviews under a newly amended law, announced Tehran Prosecutor 
Abbas Jafari Dowlatabadi on October 31, 2017.


"The judges presiding over these cases have to be ready to implement the newly 
amended Law Against Drug Trafficking," he said. "The law will become mandatory 
15 days after 

[Deathpenalty] death penalty news----COLO., UTAH, NEV., IDAHO, USA

2017-11-04 Thread Rick Halperin








Nov. 4




COLORADO:

Walmart Shooting Suspect Scott Ostrem Could Face Death Penalty



The Denver man accused of opening fire inside of a Walmart, killing 3 people in 
what police say was an act of "mass chaos," could face life in prison or even 
the death penalty, a judge said Friday.


Scott Ostrem, 47, made his 1st appearance in an Adams County courthouse dressed 
in a blue jumpsuit and giving one word responses to the judge.


Although prosecutors asked for more time to consider multiple counts against 
Ostrem, they were ordered to file formal charges by Monday. Until then, he is 
being held without bond on an initial warrant of 3 counts of 1st-degree murder.


Police in the Denver suburb of Thornton have provided no motive for why Ostrem 
walked calmly inside of a Walmart on Wednesday night and allegedly fired at 
random. He fled amid the panic, sparking a manhunt, and was captured the 
following morning about a half-mile from his home.


The victims were identified as Carlos Moreno, 66, of Thornton, and Victor 
Vasquez, 26, of Denver, both of whom died at the scene, and Pamela Marques, 52, 
of Denver, who died at the hospital.


The affidavit in the case remained sealed Friday.

While police released little information about Ostrem, neighbors at the Samuel 
Park Apartments described him as a loner who would walk around carrying 
weapons.


"He didn't seem to have anybody," Teresa Muniz, one of his neighbors, told The 
Associated Press. "Being angry all the time. That's what he seemed like, always 
angry."


Muniz said most of the building's tenants talk to one another, but Ostrem never 
returned her greetings and swore at people for leaving laundry in communal 
machines. She also said she sometimes saw Ostrem carrying a shotgun or a bow 
and set of arrows to and from the building.


Another neighbor, Gerald Burnett, 63, said he was sitting on the stairs outside 
drinking coffee one morning when Ostrem came down, told him to move and cursed 
at him.


"Dude had an attitude, big time," Burnett said. "He's the type of person if you 
said, 'Good morning,' he wouldn't say nothing."


Another resident, Dennis Valenzuela, told NBC affiliate KUSA that he noticed 
Ostrem treated tenants differently because of their race. Thornton is about 1/3 
Hispanic or Latino.


"Very quiet, but verbally abusive toward Hispanics," said the 49-year-old 
maintenance worker. "Just real rude, he would use vulgar language with 
Hispanics and stuff like that."


Thornton police spokesman Victor Avila wouldn't say if investigators knew about 
neighbors' statements or whether race played a role in the shooting, but told 
NBC News that the case is "an active investigation and everything will be 
looked at."


Ostrem recently had financial problems and filed for Chapter 7 bankruptcy in 
2015. He also had minor run-ins with police dating back to the 1990s.


For the past three years, he worked in the metal fabrication shop of a roofing 
company. On the morning of the shooting, he left his work station without any 
explanation and never came back, boss David Heidt told the AP.


"We're all bewildered as to where we are now," Heidt said.

(source: NBC News)








UTAH:

Capital punishment system unfair to defendants and attorneys



When asked if I would be willing to represent a Utah death-sentenced inmate, 
Floyd Maestas, I said absolutely not. I was well aware of the emotional, 
physical and financial toll the representation would place on me and on my 
practice. Yet I eventually agreed because I believe those on death row deserve 
good representation.


Floyd insisted he was not there during the murder, even though at trial 2 
eyewitnesses placed him there, his fingerprint was at the scene and there was 
DNA under the victim's fingernails. But I took my charge seriously and worked 
feverishly to find evidence of innocence.


The United States Supreme Court has consistently held that post-conviction 
lawyers must diligently scour the evidence, investigate the case for innocence, 
and search for any evidence that could "mitigate" or reduce a defendant's death 
sentence. These efforts have resulted in the reversal of death sentences around 
the nation, where innocent people have been exonerated.


Given a shoe-string budget of $30,000, our investigators discovered serious 
evidence to support Floyd's innocence. This included a letter from 1 of the 
eyewitnesses, saying he and his friend framed Floyd and that his friend was the 
real murderer. The DNA "match" was not a match at all, but a Y-chromosome test 
that would match 421 of 591 Hispanics, Floyd's race. Our fingerprint expert 
also believed there were serious problems with the fingerprint identification.


We discovered a very traumatic family history. Floyd was raised in the ghetto 
in a cardboard house with no running water. His father froze to death from 
alcoholism and 2 of his siblings were murdered. As a boy, Floyd held his dying 
sister in the living room after 

[Deathpenalty] death penalty news----PENN., FLA., OHIO, ARK., MO.

2017-11-04 Thread Rick Halperin





Nov. 4




PENNSYLVANIA:

After 38 years on death row, Philly man gets new trial - and another guilty 
verdict




It took 32 years of legal filings from his cell on death row, but Robert "Sugar 
Bear" Lark finally got a new trial.


On Friday, the jury delivered its verdict. Guilty. Again.

Prosecutors said it was a straightforward case. On Feb. 22, 1979, Lark put on a 
ski mask, stuffed a gun in his belt, walked into a fast-food store at Broad 
Street and Erie Avenue, and shot dead the store owner, Tae Bong Cho, a 
36-year-old father of 2. The slaying was the night before a preliminary hearing 
for Lark, who had robbed Cho at gunpoint months earlier.


"He killed him in a brazen manner, and then he boasted about it," Assistant 
District Attorney Andrew Notaristefano said in his closing argument.


The defense argued that Philadelphia police detectives systematically provided 
incentives and threats to induce witnesses to talk. Some had open cases or 
probation violations when they testified.


"They were handpicked," Lark's court-appointed lawyer, James Berardinelli said. 
"What made someone an elite detective back in 1979 when Frank Rizzo was still 
mayor was a heck of a lot different from what makes an elite detective today."


The jury, which found the prosecutor's version of events to be credible, will 
now have to decide whether Lark, 63, will face the death penalty once again. 
Given a statewide moratorium and the stances of the candidates running for 
district attorney here, some are calling it the last death-penalty case in 
Philadelphia.


It was Lark's 3rd trial: The 1st resulted in a mistrial, the 2nd in a 
conviction. His charges included not only the murder of Cho but also the 
kidnapping of a woman and her 2 children - he escaped into their house before 
police captured him and remained there for 2 hours - and terroristic threats 
against Charles Cunningham, the prosecutor in Lark's robbery case.


But in 2012, he won the right to yet another trial, after persuading a federal 
judge that the prosecutor had stricken black jurors simply because of their 
race - a practice that is illegal but was standard operating procedure for 
Philadelphia prosecutors, according to a training tape of former Assistant 
District Attorney Jack McMahon that became public in the '90s. Half the jury 
for this trial was black.


Proving the case beyond a reasonable doubt 38 years after the fact - when some 
witnesses are dead and others' memories have faded - was a complicated matter.


For those witnesses who are now deceased, testimony had to be reenacted - the 
prosecutor, defense lawyer, and judge all reading lines along with an actor in 
the witness box.


Some other witnesses, brought in from out of state and, in at least one case, 
from federal prison, adamantly contradicted the testimony they gave at the 
previous trials in the 1980s.


One, Linda Timbers, who is the mother of Lark's daughter, said the statement 
police had taken in 1980 was false. According to the statement, she'd been with 
Lark waiting in line for a movie when a man named Stanley Coleman came up and 
discussed the murder with Lark. She said that Lark had never taken her to a 
movie, that she did not know a Stanley Coleman, and that she had not heard 
about the murder.


"If somebody talked to me bragging about a killing, I would remember that," she 
said. If she did sign a statement, she insisted, it was out of exhaustion. "It 
seems like I wasn't going to be able to go home with my children to get 
something to eat unless I signed it."


Another witness, James Spencer, previously testified that Lark had boasted to 
him about the murder, but he recanted that statement on the stand. A 3rd 
testified he now has no memory of the events. A 4th gave similar testimony; she 
said she was a drug addict desperate to get out of the interrogation room and 
get her next fix when she made her statement to police.


The defense argued those recantations were clear evidence that the earlier 
testimony had been tainted - either by prosecutors' promises to offer lenient 
treatment on open cases or by police threats of implication in the case.


For example, Spencer was facing 4 open cases; 2 were thrown out after he 
testified. "This is someone who had a motive to fabricate," Berardinelli said.


Notaristefano, on the other hand, said Spencer's recantation was further proof 
of Lark's campaign of terror: Spencer, he said, "has to take the witness stand 
so he can recant everything in public in front of the defendant, so that his 
family can be safe."


The jury will be back on Tuesday to determine whether Lark will return to death 
row.


Prosecutors offered to take the death penalty off the table if Lark would waive 
his right to appeal. But as Judge Steven R. Geroff stated the offer, Lark 
interjected.


"I reject that," he said.

He wants to keep fighting the case.

(source: The Inquirer)








FLORIDA:

Doctor: Death row inmate's upbringing