[Deathpenalty] death penalty news----worldwide

2019-03-21 Thread Rick Halperin





March 21



SOUTH AFRICA:

IFP promises to reopen debate on reinstatement of death penalty



The Inkatha Freedom Party promised safety of Gauteng residents and to reopen 
the debate on the reinstatement of the death penalty as a way to fight crime.


The party held its provincial manifesto launch rally at Zola sports complex in 
Soweto on Thursday.


It said it would reprioritise the SAPS budget to focus on community policing 
and police visibility on the streets, among communities and at business centres 
and public spaces.


Gauteng is notorious for high end crimes such as car hijackings and cash heist 
robberies.


Under IFP rule, all unused land held by the state would be distributed to 
alleviate poverty and address land deprivation.


“South Africa’s people suffered immensely under colonial rule and apartheid. 
Reasonable measures must be taken to redress past injustices and indignities as 
our political democracy cannot thrive if the masses of our people remain 
without land or perceptible prospects for a better life,” said the IFP’s “Our 
Plan for Gauteng”.


Despite being the country’s and the continent’s economic hub, Gauteng was still 
devastated by high unemployment especially among the youth. To address this the 
party promised to create a provincial and municipal database of unemployed 
persons and introduce a subsidised unemployment “job seekers metro card for 
Gautrain, Metrobus and Rea Vaya transit trips”.


Free WiFi would be offered to rural and township businesses to increase access 
to financial services and micro finance for developing entrepreneurs.


To realise its vision of a “world class” education, the IFP promised to 
champion the building of more schools with classes of 500 learners per school 
and free scholar transport. In an IFP-led government all schools would be 
guarded by trained security guards.


High-spirited Zulu maidens and young men in traditional regalia danced to a mix 
of hip hop, maskandi and their own Zulu traditional songs in formations of 
war-styled groups while waiting to be addresse by IFP president Mangosuthu 
Buthelezi.


(source: The Citizen)








NIGERIA:

The case against capital punishment in Nigeria



Nigeria remains one of the few nations in the world where capital punishment is 
still fashionable despite the call to abolish it. And while it is true that the 
1999 constitution (as amended) clearly spelt out death penalty under Sections 
33(1) and 34(1) (a), it has become an outdated and cruel means of dispensing 
justice.


Fundamentally, the truth remains that, society will continue to evolve and as 
it evolves, the laws holding it together will also change. For instance, until 
1807, the slave trade was legal and people were allowed to keep slaves (human 
beings) as private property. But as society gradually progressed from the 
thesis, to the antithesis and to the synthesis, a new consciousness overruled 
the commodification of man. Today, it will be considered a crime against 
humanity if any man or country ever venture into the slave trade because 
civilization has moved forward and new laws have emerged to protect the 
inalienable rights of man.


In the same vein, the Nigerian society has not remained static since the first 
time capital punishment was enshrined in her constitution. As society 
progresses it is expected that laws are reviewed and the constitution amended 
in order to meet the recent social realities and lifestyle. It will not make 
any sense use the laws that were made 20 years ago or thereabout to interpret 
the current challenges in the country. Laws are made for man and not the other 
way round. Therefore, we cannot afford to remain judicially conservative when 
society itself is in the state of flux.


Take for example how people will respond to the killing of twins in the 21st 
century or the gladiator games that defined the beauty and power of the Roman 
civilization. Whereas these were backed by the laws of those days but as man 
attained another rational identity epoch, he found it convenient to describe 
them as barbaric or primitive. If the modern culture could efface slave trade 
and other anti-progress events, then the neo or contemporary culture should 
also swallow all the cruel and outdated laws that support capital punishment, 
especially in Nigeria.


Apart from the fact that the Nigerian society has evolved and by default needs 
better laws to address capital crimes, capital punishment has never been the 
ultimate solution to homicide. There is no proof anywhere that killing 
murderers in Nigeria have been able to deter other people from committing 
murder or other capital crimes that can warrant the death penalty.


Furthermore, the Nigerian system is very disorganized. The security and 
judicial institutions are weak. Nigeria is a country where the police usually 
make a random arrest for no reason and without bothering to do a proper 
investigation whether the people arrested are criminals or 

[Deathpenalty] death penalty news----COLO., CALIF., WASH., USA

2019-03-21 Thread Rick Halperin






March 21



COLORADO:

Lawmakers in Colorado Should Abolish the Death Penalty



In July 2012, Coloradans were devastated by the now-infamous murder of 12 
moviegoers in the town of Aurora. Despite the trauma and grief that crime 
caused, a local jury 3 years later refused the prosecutor’s request to impose 
the death sentence against the convicted perpetrator. At the time, The Denver 
Post observed, “The death penalty in Colorado has effectively expired. And it 
didn’t happen because of bleeding-heart lawmakers or activist judges. It 
happened because juries themselves wanted no part of it.”


Coloradans turned their back on the death penalty in one of the state’s darkest 
hours this century. They were right to do so. Now, with a new bill, the state 
has the chance to abolish the practice once and for all.


The problems with the death penalty are well known and damning. The practice is 
irreparably biased; it delays justice for victims’ families and draws out their 
suffering; and it devours millions of law enforcement dollars that would be 
better invested where they could actually protect the public — which the death 
penalty does not. The death penalty is so broken that even law enforcement 
officials have little faith in it.


Police chiefs rank the death penalty last among effective ways to reduce 
violent crime. And the data supports this belief. Between 2000 and 2010, the 
murder rate in states with capital punishment was 25-46 percent higher than in 
states without it. The death penalty does not protect or save lives — it only 
takes them. And Coloradans are paying dearly in time and money, to say nothing 
of morality, for this ineffective system.


A death penalty trial costs Colorado taxpayers about 15 times the amount of a 
life-without-parole trial, and it requires over 6 times more days in court. 
Colorado could save $1.5 million a year by eliminating the death penalty. These 
monies can and should instead be dedicated to addressing the 1,200 unsolved 
murder cases in Colorado.


As Gail LaSuer, a Coloradan whose daughter was murdered, explained, “I would 
rather have a larger number of people caught than to have a few executed.”


More important than its cost, the death penalty is profoundly unfair. It is 
applied randomly and discriminatorily, and it is imposed disproportionately 
upon people of color convicted of murder, people convicted of murdering a white 
victim, and people convicted in certain geographic regions of the state. For 
example, a person of color in the 18th Judicial District in Colorado is 14 
times more likely to face the death penalty than a white person in another 
district. A person’s race, the race of the murder victim, and where either 
lives should not be what decides who lives and who dies.


On top of this, our criminal justice system fails to protect the innocent from 
execution. Colorado executed Joe Arridy, who was proven innocent after 
execution and had spent the last seven years before his alleged crime in a 
mental institution. The state’s error meant a man lost his life for no reason. 
By retaining the death penalty in Colorado, we continue to risk that the 
government will execute an innocent person. That should be unacceptable to all 
Coloradans.


Extending these harms even further, the death penalty can be traumatic for 
correctional employees as well.


Colorado Warden Wayne Patterson was forced to pull the lever himself in an 
execution, although he opposes capital punishment. He described the experience 
as emotionally wrenching. Numerous wardens, executioners, and correctional 
officers suffer from PTSD as a result of their involvement with the death 
penalty.


Furthermore, American medical bodies consider participation in executions to be 
a breach of ethics. Because of this, prison officials must call on untrained 
executioners who often inflict unnecessary pain.


Since the introduction of lethal injection, over 7 % of executions have been 
botched, resulting in agonizing deaths. This is not surprising considering the 
drugs used in lethal injections have never been validated through medical 
testing for use in executions. An unlikely anti-death penalty movement has 
arisen in the corporate world as a result.


Unwilling to be complicit in this cruel, unjust system, two dozen companies 
have blocked the use of their drugs in lethal injections, including the only 
U.S.-manufactured drug used in Colorado executions. Drug companies manufacture 
their drugs, as Pfizer recently said, “to enhance and save the lives of the 
patients we serve. Consistent with these values, Pfizer strongly objects to the 
use of its products as lethal injections for capital punishment.” In response 
to action by drug companies, prisons have substituted untested drugs, passed or 
attempted to pass secrecy laws barring the public from knowing which drugs are 
used, and have asked compounding pharmacies for drugs to use in executions, 
although the pharmacies then h

[Deathpenalty] death penalty news----OHIO, TENN., ARK., IOWA

2019-03-21 Thread Rick Halperin





March 20



OHIO:

Ohio attorney general chastises judge over death penalty



A federal judge improperly praised Ohio Gov. Mike DeWine's decision to delay an 
execution based on the judge's scathing critique of the state's lethal 
injection method, the state attorney general said.


In a court filing earlier this week, Attorney General David Yost said 
Magistrate Judge Michael Merz' remarks were an improper use of the judge's 
position.


At issue is a series of execution delays ordered by DeWine, a Republican, after 
Merz raised concerns about Ohio's lethal injection method.


After the governor issued his first delay - of the February execution of death 
row inmate Warren Henness - Merz said that decision "embodies excellent public 
policy."


The judge also said he was "deeply gratified" by DeWine's expression of trust 
in Merz' lethal injection ruling.


"The Court fully expects that the Governor will do whatever is needed legally 
to keep the public commitment he has made, the important first step being the 
reprieve of Warren Henness," Merz wrote last month.


The attorney general said judges "are not supposed to use the federal bench as 
a bully pulpit to influence state policy."


The judge's "statements needlessly (and perhaps unintentionally) entangle the 
federal judiciary in a policy dispute on a hot-button issue," Yost said.


A message was left with Merz about Yost's remarks.

DeWine has ordered the prisons department to come up with a new lethal 
injection method, a process that could take months or years.


Yost says that wouldn't prevent the state from carrying out executions earlier 
with its current system.


The governor "has announced his intention to develop a new protocol, but he has 
never suggested that he would deny death-row inmates the choice to use the 
current protocol," Yost said.


Ohio could still use the current method if a federal appeals court rejects 
Merz' criticism of Ohio's method or if the state can't come up with a new 
method, Yost said.


Merz said on Jan. 14 that Ohio's system could cause inmates severe pain because 
the 1st drug, the sedative midazolam, doesn't render them deeply enough 
unconscious. He suggested inmates could experience a sensation similar to 
waterboarding.


But Merz stopped short of halting executions, saying attorneys for Henness 
hadn't shown that viable execution alternatives exist in Ohio.


Afterward, the governor postponed Henness' execution until September and then 3 
more executions into the fall and then 2020.


"Ohio's not going to execute someone under my watch when a federal judge has 
found it to be cruel and unusual punishment," DeWine said in January.


A DeWine spokesman confirmed that executions could resume if Merz' order was 
overturned by a higher court, or if the state created a new lethal injection 
method that was found constitutional.


"If the court decision was overturned on the basis of fact, the governor would 
certainly look if situation has changed," press secretary Dan Tierney said 
Tuesday.


Henness was sentenced to death for killing 51-year-old Richard Myers in 
Columbus in 1992. Myers had been helping Henness find a drug treatment for his 
wife, authorities said.


(source: Associated Press)








TENNESSEE:

TENNESSEE LAWMAKERS 1 STEP CLOSER TO SPEEDING UP DEATH-ROW EXECUTIONS



As U.S. executions hover near historically low levels, a bill passed by the 
Tennessee House aims to remove 1 state court’s review before putting inmates to 
death which ultimately would speed up the process of getting a death row inmate 
– to execution


The House voted 73-22 Monday for legislation to skip Tennessee’s Court of 
Criminal Appeals and provide automatic state Supreme Court death penalty 
reviews. The Senate could follow this week.


Court of Criminal Appeals Judge John Everett Williams has said his court’s last 
four death penalty reviews took 3 to 6 months. Federal courts account for most 
of the sometimes-3-decades of death penalty court reviews.


Tennessee executed 3 inmates last year.

(source: 1057news.com)








ARKANSAS:

Plan on execution competency favored



Legislation to create a new method for determining the competency of death-row 
prisoners -- after the old method was found unconstitutional -- was endorsed 
Tuesday by the House Judiciary Committee.


In a pair of 4-3 decisions handed down in November, the Arkansas Supreme Court 
said a state law granting the director of the Department of Correction the 
authority to determine whether a condemned prisoner is competent for execution 
violates the inmate's due-process rights.


House Bill 1792, by Rep. Jimmy Gazaway, R-Paragould, would change the law to 
require that the prison director conduct an evidentiary hearing "that comports 
with the Due Process Clause of the Fourteenth Amendment" before determining 
competency.


The bill is 1 of 2 proposals being pushed by the state attorney general's 
office that seek to change state death-penalty 

[Deathpenalty] death penalty news----TEXAS, PENN., GA., FLA., ALA., MISS.

2019-03-21 Thread Rick Halperin







March 21



TEXASimpending execution

Death Watch: “Texas 7” Member Contests “Law of Parties”A robbery ended in a 
police officer death while Patrick Murphy waited outside. Current Texas law 
holds him responsible.




If the state has its way, 57-year-old Patrick Murphy of "Texas 7" infamy will 
be executed on March 28, though he didn't commit the murder that landed him on 
death row.


Murphy, along with 6 other prisoners (including Joseph Garcia, who was executed 
in December), achieved the biggest prison escape in Texas history in 2000 when 
they broke out of a maximum-security facility near San Antonio armed with 
stolen weapons. The men committed several robberies across Texas before hitting 
a sporting goods store outside of Dallas on Christmas Eve, an act which went 
awry, leading to the shooting death of Irving police officer Aubrey Hawkins. 
Murphy, however, maintains he did not wish to participate in the robbery and 
instead waited outside in the car. He, Garcia, and four others were caught in 
Colorado soon thereafter (the 7th committed suicide), and each was sentenced to 
death for Hawkins' capital murder under the controversial Texas "law of 
parties," which allows accomplices to another felony – such as robbery – that 
results in murder to be held responsible for the slaying even if they had no 
part in the killing.


As his death date nears, Murphy, who was originally serving a 50-year sentence 
for aggravated sexual assault, has asked the Texas Board of Pardons and Paroles 
to commute his sentence or offer a 90-day reprieve to await possible new 
"bipartisan and bicameral" legislation. Several bills have been filed this Lege 
session, including Sen. Juan Hino­josa's Senate Bill 929 and Rep. Jeff Leach's 
House Bill 4113, which would prohibit executions of those found guilty of 
capital murder under the law of parties (section 7.02(b) of the Penal Code). So 
the filing asks the BPP to "recognize that Mur­phy should not be executed when 
his conviction was obtained pursuant to a charge" that state lawmakers have 
"recognized cannot sustain a death sentence." If nothing else, the filing 
argues, Murphy's execution should be put on hold until the fate of the bills is 
known, so the Texas Court of Criminal Appeals could reconsider his case if the 
law is changed.


Murphy's BPP filing also points out that while Texas law allows juries to 
sentence an accomplice of a lesser crime to death, under the Supreme Court's 
Eighth Amendment jurisprudence, a defendant "can only be" executed for the 
crime "if he was a major participant in the felony." But Murphy's trial jury 
was never asked to determine whether or not he played a major role in the 
robbery that resulted in Hawkins' murder. Hence, executing him without putting 
this question before a jury would be a violation of the Eighth Amendment. 
Killing Murphy, the filing argues, who "neither fired a shot at Officer Hawkins 
nor had any reason to know others would do so," would "simply be vengeance."


In addition to his commutation plea, Murphy has asked the CCA to reconsider its 
April 2006 Denial of Relief, or otherwise allow him to file for a rehearing. 
Like his motion before the BPP, Murphy's CCA filing cites pending legislation 
and violation of his constitutional rights. However, here Murphy's counsel 
notes that the proposed legislation would not "provide relief for those" like 
Murphy, because the change in law would only apply to criminal proceedings that 
start on or after the effective date of Sept. 1, 2019. Instead, the motion 
insists, "The same concern that has led these legislators to propose the 
now-pending legislation is nonetheless present in Murphy's case."


It's been a long legal fight for Murphy; his last round of appeals – largely 
arguing ineffective counsel – ended in denial at SCOTUS in November. Without 
intervention, he'll the 3rd man executed by the state this year and the 5th 
member of the "Texas 7" to be put to death, leaving only Randy Halprin alive. 
Though Halprin has not yet been given an execution date, he has also maintained 
he didn't fire any of the 5 guns that killed Hawkins.


(source: Austin Chronicle)

**

Executions under Greg Abbott, Jan. 21, 2015-present42

Executions in Texas: Dec. 7, 1982present-560

Abbott#scheduled execution date-nameTx. #

43-Mar. 28Patrick Murphy--561

44-Apr. 11Mark Robertson--562

45-Apr. 24John King---563

46-May 2--Dexter Johnson--564

47-Aug. 21Larry Swearingen565

48-Sept. 4Billy Crutsinger566

(sources: TDCJ & Rick Halperin)



USAcountdown to nation's 1500th execution

With the execution of Billie Wayne Coble in Texas on February 28, the USA has 
now executed 1,493 condemned indi