[Deathpenalty] death penalty news----GEORGIA
May 2 GEORGIAimpending execution Board holds clemency hearing for condemned Georgia inmate Georgia's parole board on Wednesday was considering whether to grant clemency for a condemned inmate set to be executed this week. Robert Earl Butts Jr. is scheduled to die Thursday evening at the state prison in Jackson. The State Board of Pardons and Paroles was holding a closed-door clemency hearing to hear arguments for and against commuting the 40-year-old inmate's sentence. The parole board is the only authority in Georgia with the power to commute a death sentence. Butts, 40, and Marion Wilson Jr., 41, were convicted and sentenced to death in the March 1996 slaying of Donovan Corey Parks in central Georgia. The two men asked Parks for a ride outside a Walmart store and then ordered him out of the car and fatally shot him a short distance away. Prosecutors have said Butts fired the fatal shot. Wilson's case is still pending in the courts. Butts' attorneys asked the parole board in a clemency application filed last week to spare his life. "I think about Mr. Parks and that night every single day, going over it again and again in my mind," Butts said in a statement included with his petition. "There's no excuse for what I did, and I'm tremendously sorry for what happened to Mr. Parks." His attorneys insisted in the petition that Butts wasn't the shooter. A jailhouse witness, Horace May, who testified at trial that Butts confessed to being the shooter has now signed a sworn statement saying he made the story up out of sympathy for Wilson, whom he also met in jail. Wilson also told May that the pair had agreed to steal Parks' car but that Butts believed they would release Parks, the statement says. Butts' lawyers have also filed challenges in several courts. They argued in a filing in Baldwin County Superior Court, where he was originally sentenced, that Butts' execution should be halted and he should be resentenced. Given recent trends in sentencing, he wouldn't be sentenced to death today so his death sentence is "grossly disproportionate," they argued. A judge rejected that argument, and Butt's lawyers filed a notice of intent to appeal to the state Supreme Court. In a petition filed in Butts County Superior Court, where the prison that houses death row is located, his lawyers argued that his sentence is unconstitutional. He was 18 at the time of the killing and a chaotic and troubled childhood stunted his intellectual, social and psychological growth, causing his mental age and maturity to lag behind his actual age, his lawyers wrote. Executing him would be like executing someone who was younger than 18 when his crime was committed, and that's not lawful, his lawyers argued. His attorneys have also consistently argued that his trial lawyers were ineffective and failed to thoroughly investigate his case or to present mitigating evidence, including a childhood characterized by abuse and neglect that could have spared him the death penalty. State and federal courts have rejected his appeals, but his lawyers have argued that a Georgia Supreme Court opinion published in January and a U.S. Supreme Court ruling last month in Wilson's case open the door for a federal judge to consider his claims of ineffective assistance of counsel. A federal judge has rejected those arguments. Butts would be the second inmate executed by Georgia this year. Carlton Gary, convicted of raping and killing three older women and known as the "stocking strangler," was put to death March 15. (source: Associated Press) ___ 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
May 2 VANUATU: Parents of 6-year-old murder victim call for death penalty There are calls for capital punishment in Vanuatu after the brutal killing of a 6-year-old girl 2 weeks ago. Police are still investigating but a man has been charged over the incident and remanded in custody. The case has stirred up debate about justice in the country. Florence Iaurel's body was found by her uncle near a creek 30 minutes from the family home on the island of Tanna. It is alleged the 6-year-old was abducted, raped and then brutally murdered. Although the full coroner's report has not been released police confirmed Florence died from multiple injuries to her body. The victim's family is now calling for capital punishment, abolished by Vanuatu in 1980, to be re-introduced for such crimes. The chief executive of the Vanuatu National Council of Women, Leias Cullwick, fully supports the family saying serious deterrents for such crime are long over due. "The country needs to have a death penalty because now the issue sort of happen recently with very innocent young children. It is just not acceptable. We have discussed these issues as well and being a Christian country it doesn't give you a right to go killing anybody so we need to have a deterrent in place to make sure that people's lives and their livelihoods is respected." The Chairperson of the Vanuatu Christian Council Pastor Allen Nafuki says he will be calling a meeting to discuss the issue this week but says he personally feels there is no place for capital punishment in Vanuatu. "Like in the Christian perspective and also Kastom perspective we are not allowed. We are saying no, no to capital punishment. So this will be picked up by the government but as far as I understand people are not in favour, even the chiefs of these islands and our custom leaders do not recognise that." The chairperson of Vanuatu Women Against Crime and Corruption Jenny Ligo says Vanuatu needs stricter enforcement of existing laws. "The parents their child is dead so they have a right to make that call and it is upon the decision makers now to do what they feel is better for Vanuatu. I think women of Vanuatu we would like our lawmakers to do the right thing. They have to make sure that our laws are enforced to make sure that Vanuatu is safe.". A man has been charged over the killing and he is being held in police custody. (source: radionz.co.nz) THAILAND: Death sentence to Pattani blast defendants The Pattani provincial court sentenced 6 men to death and 4 others to imprisonment in relation to a noodle shop explosion in the southern border province 2 years ago. The death sentence went to Ibroheng Yuso, Amree Lueyo, Santi Chantarasakul, Ayub Polee, Isma-ae Tuyong, and Nironig Niday. Death penalty was commuted to life imprisonment for Aubdulloh Haye-uma, Ruslan Waehayee and Masan Salae for their useful information during trial. Hamit Jehma was sentenced to 40 years in prison. Abdulkohar Awaeputeh, chair of the Muslim Attorney Centre Foundation in Pattani, said Tuesday that the foundation helped defend the ten men and the rulings read on Monday was based on Masan's confession and testimonies from interrogators and some suspects treated as witnesses. The men were arrested in 2016 and 2017. Relatives of the convicted would appeal against the rulings. The bombing happened at a noodle shop in a municipal night market of Muang district, Pattani, at about 7pm on Oct 24, 2016. It killed a 60-year-old woman and injured 21 others including 5 children. The blast was caused by a home-made bomb in a steel box detonated remotely by a mobile phone. The incident took place a day before the 12th anniversary of the so-called Tak Bai tragedy in which 85 Muslim men died after being arrested and packed into trucks by army and paramilitary forces sent to Narathiwat's Tak Bai district to break up an anti-government protest. (source: Bangkok Post) BAHRAIN: UN rights expert calls for retrial of four men sentenced to death in Bahrain UN human rights experts called for a retrial on Monday following flawed trial procedure and due process violations in the conviction of 4 men sentenced to death in the Bahraini High Military Court in December. The 4 men, Mohamed AbdulHasan AlMutaghawi, Fadhel Sayed Radhi, Sayed Alawi Husain and Mubarak Adel Mubarak Mahanna, are civilians convicted on charges related to "participating in a terrorist cell and attempting to assassinate Bahrain's Defence Forces Commander-in-Chief." All 4 men were sentenced to death and their citizenship revoked. Before the trial, they were reportedly tortured, forcibly disappeared, confined alone and coerced to confess. Further, the men did not have legal representation until late in the trial proceedings and the court ignored their complaints of torture. Al Khalifa amended the constitution last April giving jurisdiction to the milita
[Deathpenalty] death penalty news----OKLA., NEB., UTAH, NEV., CALIF., WASH., USA
May 2 OKLAHOMA: Family Calls For Death Penalty For Norman Murder Suspect A week after a brutal murder at a Norman apartment, the suspect, 29-year old Joseph Alliniece faces new charges. Alliniece is accused of killing 27-year old Brittani Rose Young by stomping on her head, and injuring other parts of her body while she lay on the floor of her apartment. "He took my Brittani Rose. He took my girl. He stole something from everybody. He didn't have the right. He didn't have the right. He is going to have to pay. There is going to be a reckoning," says the victim's father Todd Roberts. Investigators say the murder happened last Tuesday at the Emerald Green Apartments around 3 p.m., and that Young's mother was one of the people who discovered her body. Alliniece was formally charged Tuesday May 1, with 1 count of 1st-degree murder and 2 counts of kidnapping. Cleveland County District Attorney Greg Mashburn says Alliniece pulled a woman and small child into Young's apartment with him at some point during the crime. Later, witnesses say they saw him running from the scene. "A friend came to check on her, with her child. And, he pulled them into the apartment, both the adult and child and held them there against their will. That's how we have 2 kidnapping counts," Cleveland County District Attorney Mashburn says. Alliniece was arrested hours later. He was found in Oklahoma City at the OG Food Mart, and court records state there was blood on his shoes and cellphone. Brittani's father says Alliniece should be sentenced to the death penalty. "My sole purpose is to make sure her voice is heard, and justice served complete," says Roberts. Court records indicate on the day of the crime, Alliniece quote "...did not remember anything that happened today..." he did recall making a phone call to a witness in the case, and "getting a ride to OKC..." The DA's office says he's recently offered up more information, but it is still too early to know how they will pursue the case. "There is a 2nd interview wherein he does make some admissions in this case, so that will definitely be brought out in this case as well," says Mashburn. Alliniece is being held on a 5-million-dollar bond. His next court date will be May 22nd at 9:00 A.M. (source: news9.com) NEBRASKA: Nebraska AG sues lawmakers to stop death penalty questioning of prisons director Nebraska's attorney general has sued members of the State Legislature in an attempt to block their questioning of the prisons director about the death penalty protocol. Attorney General Doug Peterson alleges in the lawsuit filed Tuesday that lawmakers voted unlawfully to issue a subpoena to the director of the Nebraska Department of Correctional Services to appear at a May 8 hearing at the State Capitol. Members of the Legislature's Judiciary Committee planned to question Scott Frakes about the lethal injection protocol his department updated in 2017 to carry out executions. The lawsuit names 16 state senators and the clerk of the Legislature as defendants. The senators are members of either the Executive Board of the Legislature or the Judiciary Committee. State Sen. Laura Ebke, chairwoman of the Judiciary Committee, said last week that lawmakers will take the unusual step of issuing a subpoena because Frakes refused to answer questions voluntarily. In a recent letter, Frakes declined a request to appear before the committee "on the advice of legal counsel, and because of pending litigation." 5 lawsuits related to the death penalty are currently in state courts. In addition, the American Civil Liberties Union of Nebraska has filed a complaint with the U.S. Drug Enforcement Administration, alleging that state officials violated federal regulations to obtain the lethal drugs. Meanwhile, Peterson recently asked the Nebraska Supreme Court to set an execution date for 1 of the 11 men on death row. State officials are trying to carry out Nebraska's 1st execution in 21 years. (source: Omaha World-Herald) UTAH: Roy man pleads not guilty to aggravated murder, death penalty still an optionMatthew Daniel Graves, 22, of Roy, is being held without bail on charges of aggravated murder, causing a child to be exposed to a controlled substance, and possession of drug paraphernalia. A judge ruled Tuesday that an aggravated murder charge against a Roy man will move forward, which means the death penalty is still on the table for prosecutors. Matthew Daniel Graves, 23, was in court Tuesday morning and pleaded not guilty to all 3 charges against him, including aggravated murder, a 1st-degree felony; causing or permitting a child to be exposed to a controlled substance, a 3rd-degree felony; and use or possession of drug paraphernalia, a class A misdemeanor. With the case going forward, the state has 60 days to file a motion as to whether or not they will seek the death penalty agains
[Deathpenalty] death penalty news----TEXAS, CONN., PENN., GA., FLA., ALA., LA.
May 2 TEXASimpending execution 'My life still has value': San Antonio death row inmate begs for clemency 2 weeks before execution With just 2 weeks to go before his scheduled execution, lawyers for lovers' lane killer Juan Castillo filed another plea for clemency Tuesday, arguing that the San Antonio man wasn't the shooter and highlighting the "manifest unfairness" of his case. The 37-year-old former cook and laborer, who was sent to death row for his role in a 2003 slaying in Bexar County, is slated to die by lethal injection May 16 - his 4th execution date in the past year. Now, Castillo's attorneys are asking the Texas Board of Pardons and Paroles for a commutation in light of claims that he was framed as the shooter based on false testimony. "He's been wrongfully convicted," said clemency attorney Greg Zlotnick. "No physical evidence places him at the crime scene at all." Instead, Castillo's conviction rested largely on witness accounts, a fact that's come up in court filings, the 1st clemency petition in April and a supplement to the petition filed on Tuesday. The clemency requests also point to claims of bad lawyering and a judge who "rubber-stamped" an appeal rejection without letting the defense weigh in first. "Our system of justice cries out for clemency in Mr. Castillo's case," the 173-page April petition notes. The condemned man was originally convicted in 2005 of killing teenage rapper Tommy Garcia Jr. during a botched robbery. Castillo's then-girlfriend lured the targeted man to a secluded spot with the promise of sex and drugs. But while the 2 were making out in his Camaro, Castillo and another man attacked, according to court filings. Wearing ski masks and carrying weapons, they dragged Garcia from the car - and Castillo shot him 7 times in the process. Castillo was 1 of 4 people convicted in the crime, but the only one hit with a capital sentence. Now, defense counsel says he wasn't even there at the time of the slaying. During the punishment phase, Castillo represented himself - a decision made after he was "stunned" by the guilty verdict, and disappointed in his trial lawyer's performance. He was scheduled for execution last May, but the date was reset after prosecutors failed to give 90-day notice to the defense. In September, he was again scheduled to die, but the date was pushed back again, this time in light of the impacts of Hurricane Harvey. Two months later, his next execution date was called off in light of claims of false testimony from a jailhouse snitch. "I described what Juan Castillo supposedly told me about the capital murder," former Bexar County inmate Gerardo Gutierrez wrote in 2013, according to court records. "Juan Castillo never told me this information about this capital murder case. This testimony was untrue about Juan Castillo. I made up this testimony to try to help myself." Because of the recanted testimony, the case was sent back to a trial court. There, prosecutors filed recommended findings - but a judge ruled on them one day later, before the defense got a chance to file its recommended findings. The whole process, Zlotnick said, makes a "mockery of fundamental fairness." But once the judge decided that the bad testimony wouldn't have actually made a difference in the outcome of the case, Castillo was given the May execution date. "Failure to grant clemency to Mr. Castillo may lead to the execution of an innocent man," the petition argues. The Board of Pardons and Paroles is expected to decide on May 14. If they side with Castillo, the plea for clemency goes to the governor's desk for a final decision. In addition to the pleas for a commuted sentence, Castillo's appeals attorneys with Texas Defender Services still have claims in front of the U.S. Supreme Court and the Texas Court of Criminal Appeals. "I'm not the worst of the worst," Castillo argued in a hand-written letter attached to the petition. "My life still has value." (source: Houston Chroniclec) CONNECTICUT: Death row inmate resentencing rescheduled Resentencing for a Connecticut death row inmate convicted of raping and killing a 21-year-old woman has been postponed so the victim's daughter can be given the opportunity to attend the hearing. The Hartford Courant reports that 33-year-old Lazale Ashby is 1 of several death row inmates whose sentences are being revised after the state Supreme Court ruled in 2015 the death penalty was unconstitutional. Ashby was sentenced to death in 2008 after he was convicted in the killing of Elizabeth Garcia in Hartford. Prosecutors asked the judge Monday to delay Ashby's resentencing so Garcia's daughter can attend if she chooses to. Garcia's daughter, 17-year-old Jayleah, was 2 at the time of her mother's death. Ashby returns to court May 21. (source: Associated Press) PENNSYLVANIA: Death penalty sought against inmate in guard's s
