[Deathpenalty] death penalty news----TEXAS, USA

2019-09-04 Thread Rick Halperin





September 4




TEXASexecution

Texas executes Billy Crutsinger in Fort Worth slayings of two elderly women

Crutsinger had pushed to stop his execution based on claims of bad lawyering 
during his trial and in the appellate process.



In 2003, an 89-year-old woman and her 71-year-old daughter were stabbed to 
death in their Fort Worth home. On Wednesday, Texas executed Billy Crutsinger 
for the crime.


Crutsinger was sentenced to death for the home robbery and slayings of Pearl 
Magouirk and her daughter, Patricia Syren. The 2 women were found 2 days after 
their murders, and police tracked Crutsinger to a Galveston bar using Syren’s 
credit card, according to court records.


In Tarrant County, Assistant Criminal District Attorney and lead prosecutor 
Michele Hartmann said Tuesday the loss of the mother and daughter “is still 
felt deeply by their family and the Fort Worth community.”


After his last appeals were denied by the U.S. Supreme Court just minutes 
before his execution was scheduled to begin at 6 p.m., Crutsinger, 64, was 
strapped to a gurney in the death chamber in Huntsville. No relatives of the 
women were present to witness the execution, according to a prison spokesman. 
Crutsinger had three friends in the viewing room, who, in his final words, he 
thanked for coming and supporting other death row inmates. Into the microphone 
hanging above his head, he said the system "is not completely right," but he 
was at peace and was going to be with Jesus and his family.


"I am going to miss those pancakes and those old time black and white shows," 
he said. "Where I am going everything will be in color."


Crutsinger was then injected with a lethal dose of pentobarbital at 6:27 p.m., 
and pronounced dead 13 minutes later, according to the prison department. He 
was the fifth person executed in Texas this year and the 14th in the country.


After the murders, Crutsinger was arrested — albeit illegally — after he didn’t 
identify himself to police in Galveston. He consented to a DNA swab that linked 
him to the crime scene and confessed to the murders while in custody, the 
records state.


A judge ruled that police were not justified in arresting Crutsinger on the 
spot for credit card abuse because they didn’t have a warrant, and he didn’t 
commit the crime of failure to identify himself before his arrest. Still, 
despite the illegal arrest, the judge found his confession and DNA sample were 
admissible evidence in court because the police conduct was not “purposeful or 
flagrant,” and there was probable cause for his arrest, just not a warrant.


During his nearly 16 years on death row, Crutsinger appealed his sentence 
arguing against the legal validity of his confession and DNA sample. But more 
recently, he pointed to his lawyers’ failings.


Crutsinger argued that his trial lawyer failed to adequately investigate 
mitigating factors that could have swayed the jury to hand down a sentence of 
life in prison instead of execution. Specifically, he claimed the attorney 
overlooked evidence of mental impairment caused by alcohol addiction, head 
trauma, depression and low intelligence, according to a recent federal district 
court ruling.


His most recent lawyer, Lydia Brandt, had also knocked his state appellate 
lawyer — claiming his incompetence and the courts’ refusal to grant 
investigatory funding kept Crutsinger from any meaningful appeals process. She 
noted that a judge in another capital case found Crutsinger’s state appellate 
lawyer “sloppy” and lacking professionalism, and that his filings were “poorly 
done and of minimal assistance to the court,” according to Crutsinger’s 
petition.


“The State of Texas denied Mr. Crutsinger his initial right to one full and 
fair opportunity to present his claims concerning violations of his fundamental 
constitutional rights,” Brandt wrote in a final appeal to the U.S. Supreme 
Court last week.


Brandt did not respond to The Texas Tribune on Tuesday.

The federal courts, as well as the Texas Criminal Court of Appeals, rejected 
his arguments. U.S. District Court Judge Terry Means ruled last month that 
despite a lack of funding for Crutsinger to investigate it, Means fully 
addressed the merits of the ineffective counsel claim and found it was without 
merit. He referred to trial records that revealed the lawyer presenting 
multiple witnesses at the phase of trial where jurors weigh questions that lead 
to life in prison or death, including prison officers who testified to his good 
behavior and family members who described his grief and issues with drinking.


According to the testimony of his ex-wife and wife at the time of trial, 
Crutsinger had lost a newborn daughter; his toddler son to drowning; his 
teenage son to lymphoma; his brother from illness; his father, who was hit by a 
car; and his sister, who was killed in a car crash in which he was driving.


“The assertions that the denial of funding precluded a true merits 

[Deathpenalty] death penalty news----worldwide

2019-09-04 Thread Rick Halperin






Sept. 4




SRI LANKA:

3 sentenced to death for hacking to death another at Egoda Uyana



The Panadura high court today sentenced to death 3 persons found guilty of 
hacking to death another at the Egoda Uyana junction in Moratuwa on February 1, 
2009.


While 7 suspects were accused of this incident, the high court judge Weeraman 
Serasinghe acquitted and discharged 4 of the 7 suspects when the case was taken 
up before the Panadura high court today (Sept. 2).


Panadura high court judge Weeraman Serasinghe imposed the death penalty on the 
other 3 suspects found guilty of the offence.


(source: sundaytimes.lk)








PAKISTAN:

Christian mother Asia Bibi demands justice for blasphemy law victims: 'The 
world should listen'




Christian mother Asia Bibi condemned Pakistan’s harsh blasphemy laws and issued 
an urgent call for reform in her 1st interview since being released from prison 
after spending 8 years on death row on a false blasphemy charge.


In an interview with The Sunday Telegraph, Bibi thanked Pakistan’s supreme 
court for acquitting her but said others also need fair trials. “There are many 
other cases where the accused are lying in jail for years and their decision 
should also be done on merit. The world should listen to them,” she said.


“I request the whole world to pay attention to this issue,” Bibi continued. 
“The way any person is alleged of blasphemy without any proper investigation 
without any proper proof, that should be noticed. This blasphemy law should be 
reviewed and there should be proper investigation mechanisms while applying 
this law. We should not consider anyone sinful for this act without any proof.”


Bibi’s ordeal began nearly 10 years ago when 2 Muslim farm laborers accused her 
of drinking from the same container as them and refused to drink after her 
because she's a Christian.


Bibi, also known as Asya Noureen and a mother of 5, was subsequently accused of 
insulting the Islamic prophet, Muhammad. In Pakistan, where 97 percent of its 
180 million inhabitants are Muslim, being charged with committing blasphemy 
against Islam is punishable by death or life in prison.


After spending 8 years on death row, Bibi was acquitted by the Supreme Court of 
Pakistan, which ultimately said there were many inconsistencies in the 
testimonies against her. However, she was kept in custody for another seven 
months as the government struggled with how to free her without angering 
hardline Islamist groups.


Speaking about her time in a Pakistani jail, Bibi told The Telegraph that her 
Christian faith had never faltered and also said she never cried in front of 
her daughters when they visited her in jail. “I used to cry alone filled with 
pain and grief,” she said.


Still, Bibi said she feared for her future. “Sometimes I was so disappointed 
and losing courage I used to wonder whether I was coming out of jail or not, 
what would happen next, whether I would remain here all my life,” she said. “My 
whole life suffered, my children suffered and this had a huge impact on my 
life.”


In May, Bibi was finally brought to Canada, through mediation by the European’s 
Union special envoy on religious freedom, Jan Figel. Due to security concerns, 
she was unable to say goodbye to her father or her homeland.


The University of Findlay was one of 159 schools named in the “Best in the 
Midwest” college listing. Overall, The Princeton Review recognized 656 regional 
colleges in 5 zones for its “2020 Best Colleges: Region by Region” accolades.


“My heart was broken when I left that way without meeting my family. Pakistan 
is my country, Pakistan is my homeland, I love my country, I love my soil,” she 
said.


Now 54, Bibi said that while she hopes to move to Europe with her family in the 
coming months. They are currently living in Canada.


Figel told the Telegraph that Bibi is “an admirably brave woman and loving 
mother” whose story “can serve as a base for reforms in Pakistan, which has 
very outdated system of blasphemy legislation easily misused against neighbors 
and innocent people.”


The U.S. State Department reports that there are an estimated 77 others in 
prison in Pakistan under blasphemy laws. But Shaan Taseer, the son of late 
Punjab governor Salmaan Taseer, believes there are over 200 people jailed for 
blasphemy. Lawyers and rights groups say blasphemy accusations are often false 
and made to settle scores or silence rivals.


Over the years, thousands of Pakistani Christians, who make up just 2% of the 
country's population, have fled to nations like Thailand, Sri Lanka and 
Malaysia in hopes of being given asylum in a safer country.


Following Bibi’s case, the U.S. called on Pakistan to release more than 40 
members of the religious minorities facing blasphemy charges. It also urged 
Pakistani leadership to appoint an envoy to address the various religious 
freedom concerns in the country.


Pakistan was listed in January as No. 5 on Open Doors USA's 

[Deathpenalty] death penalty news----TEXAS, N.C., OHIO, TENN., ARK., CALIF.

2019-09-04 Thread Rick Halperin






Sept. 4



TEXASimpending execution

Texas set to execute Billy Crutsinger in Fort Worth slayings of 2 elderly 
womenCrutsinger has pushed to stop his execution based on claims of bad 
lawyering during his trial and in the appellate process.




In 2003, an 89-year-old woman and her 71-year-old daughter were stabbed to 
death in their Fort Worth home. On Wednesday, Texas plans to execute Billy 
Crutsinger for the crime.


Crutsinger, now 64, was sentenced to death for the home robbery and slayings of 
Pearl Magouirk and her daughter, Patricia Syren. The two women were found two 
days after their murders, and police tracked Crutsinger to a Galveston bar 
using Syren’s credit card, according to court records.


In Tarrant County, Assistant Criminal District Attorney and lead prosecutor 
Michele Hartmann said Tuesday the loss of the mother and daughter “is still 
felt deeply by their family and the Fort Worth community.” Unless his execution 
is stopped by the U.S. Supreme Court or delayed by Gov. Greg Abbott, Crutsinger 
will be put to death after 6 p.m. in Huntsville.


After the murders, Crutsinger was arrested — albeit illegally — after he didn’t 
identify himself to police in Galveston. He consented to a DNA swab that linked 
him to the crime scene and confessed to the murders while in custody, the 
records state.


A judge ruled that police were not justified in arresting Crutsinger on the 
spot for credit card abuse because they didn’t have a warrant, and he didn’t 
commit the crime of failure to identify himself before his arrest. Still, 
despite the illegal arrest, the judge found his confession and DNA sample were 
admissible evidence in court because the police conduct was not “purposeful or 
flagrant,” and there was probable cause for his arrest, just not a warrant.


During his nearly 16 years on death row, Crutsinger has appealed his sentence 
arguing against the legal validity of his confession and DNA sample. But more 
recently, he has pointed to his lawyers’ failings.


Crutsinger has argued that his trial lawyer failed to adequately investigate 
mitigating factors that could have swayed the jury to hand down a sentence of 
life in prison instead of execution. Specifically, he claims the attorney 
overlooked evidence of mental impairment caused by alcohol addiction, head 
trauma, depression and low intelligence, according to a recent federal district 
court ruling.


His current lawyer, Lydia Brandt, has also knocked his state appellate lawyer — 
claiming his incompetence and the courts’ refusal to grant investigatory 
funding has kept Crutsinger from any meaningful appeals process. She noted that 
a judge in another capital case found Crutsinger’s state appellate lawyer 
“sloppy” and lacking professionalism, and that his filings were “poorly done 
and of minimal assistance to the court,” according to Crutsinger’s petition.


“The State of Texas denied Mr. Crutsinger his initial right to one full and 
fair opportunity to present his claims concerning violations of his fundamental 
constitutional rights,” Brandt wrote in a final appeal to the U.S. Supreme 
Court last week.


Brandt did not respond to The Texas Tribune on Tuesday.

The federal courts, as well as the Texas Criminal Court of Appeals, have so far 
rejected his arguments. U.S. District Court Judge Terry Means ruled last month 
that despite a lack of funding for Crutsinger to investigate it, Means fully 
addressed the merits of the ineffective counsel claim and found it was without 
merit. He referred to trial records that revealed the lawyer presenting 
multiple witnesses at the phase of trial where jurors weigh questions that lead 
to life in prison or death, including prison officers who testified to his good 
behavior and family members who described his grief and issues with drinking.


According to the testimony of his ex-wife and wife at the time of trial, 
Crutsinger had lost a newborn daughter; his toddler son to drowning; his 
teenage son to lymphoma; his brother from illness; his father, who was hit by a 
car; and his sister, who was killed in a car crash in which he was driving.


“The assertions that the denial of funding precluded a true merits review and 
that trial counsel's representation was egregious, border on frivolous,” Means 
wrote in a ruling last month. “... His conclusion that trial counsel failed to 
explore his alcoholism, his ‘personality change’ after a single drink, his 
history of domestic violence and abuse, and his repeated losses of significant 
friends and relatives, is completely false.”


Earlier rulings in Crutsinger’s case from the federal district court and the 
5th U.S. Circuit Court of Appeals have been highlighted by the U.S. Supreme 
Court, though, when pointing out that the appellate court overly limited 
investigatory funding. Although the courts reexamined the case and still denied 
funding and declined to reopen the case for further review, one appellate judge 
split