[Deathpenalty] death penalty news----TEXAS, CONN., ALA., OHIO, UTAH, VA., FLA., USA

2012-07-29 Thread Rick Halperin




July 28


TEXASstay of impending execution

Texas death row inmate has Aug. 1 execution stayed


A Texas death row inmate who was scheduled to die next week had his execution 
stayed Friday by the state's highest criminal court, which wants to review a 
petition that argues he is not mentally competent to be executed.


Marcus Druery, 32, was condemned for the 2002 shooting and robbery of 
20-year-old Skyyler Browne at Druery's family property in rural Brazos County. 
His execution was scheduled for Wednesday.


The Texas Court of Criminal Appeals ordered its stay after a lower court 
rejected Druery's petition. An attorney for Druery, Kate Black, said he was 
diagnosed with schizophrenia and was deemed incompetent by a defense expert. 
She says executing Druery would violate the U.S. Constitution's ban on cruel 
and unusual punishment.


The U.S. Supreme Court has ruled that prisoners can't be executed unless 
they're aware of the punishment and know why they're being punished.


"We are hopeful the Court will find that Mr. Druery is entitled to a full and 
fair hearing to present the evidence of his severe psychosis and establish his 
incompetence to be executed," Black said in an emailed statement.


Brazos County district attorney Bill Turner said prosecutors do not dispute 
that Druery has a mental disorder, but they believe he's competent enough to 
face execution.


"We anticipated the appellate courts would take a look at it before the 
execution proceeded," Turner said in an interview Friday.


Druery was the next death row inmate scheduled to be executed. 2 other inmates 
have scheduled executions in August.


Texas, the nation's most active death penalty state, has executed 6 prisoners 
this year and 483 since 1982.


(source: Associated Press)

**

Executions under Rick Perry, 2001-present-244


Numberscheduled execution date-name

245-August 7Marvin Wilson

246-August 22--John Balentine

247-September 20--Robert Harris

248-September 25--Cleve Foster

249-October 18-Anthony Haynes

250-November 8Mario Swain

251-November 14---Ramon Hernandez

252-November 15---Preston Hughes

(sources: Texas Department of Criminal Justice & Rick Halperin)






CONNECTICUT:

Judge: inmates can't bring up death penalty repeal


A judge has ruled that the state's recent repeal of the death penalty can't be 
raised as an issue in a long-running lawsuit by death row inmates challenging 
the fairness of capital punishment in Connecticut.


Superior Court Judge Samuel Sferrazza in Rockville said in Thursday's decision 
that there's no reason to add the repeal issue at such a late stage in the 
lawsuit because inmates can file new appeals raising the issue. The lawsuit is 
scheduled to go to trial in September.


Gov. Dannel P. Malloy and state lawmakers repealed the death penalty this year, 
but it only applies to future crimes.


The 7-year-old lawsuit claims the state's process for deciding when to seek the 
death penalty in murder cases was fraught with racial and geographic biases.


(source: Associated Press)






ALABAMA:

Judge delays sentencing in Henderson murder case


The sentencing of a Columbus, Ga., man convicted of a Lee County deputy’s 
capital murder was delayed again as the judge in the case instructed attorneys 
to prepare briefs on new evidence and arguments about whether the death penalty 
should be applied.


Lee County Circuit Court Judge Jacob A. Walker III listened to more than 3 
hours of emotional testimony on Friday before delaying his decision on whether 
Gregory Lance Henderson should be sentenced to the jury-recommended life in 
prison without the possibility of parole or death.


Henderson was convicted of capital murder in October 2011 for running over Lee 
County sheriff’s deputy James W. Anderson during a routine traffic stop in 
Smiths Station in 2009.


The delay, the 2nd this year, surprised attorneys in the case who expected 
Henderson would be sentenced on Friday.


“Judge Walker wants to be thorough and wants to be fair,” District Attorney 
Robbie Treese said. “I can’t say I am not frustrated, but I am OK with fair.”


Henderson’s defense attorney Jeremy Armstrong said his client was disappointed 
the proceedings will continue.


“He wanted this to be over with today,” Armstrong said.

Walker did not set a new sentencing date Friday, but he did give the attorneys 
a few weeks to prepare arguments on mitigating and aggravating factors in the 
case as well arguments on whether recordings of jailhouse conversations made 
days before the hearing should be admitted as evidence.


Prosecutors argue Henderson was a career criminal willing to kill Anderson to 
escape and has shown little remorse for the crime.


The defense says Hender

[Deathpenalty]death penalty news-----TEXAS, CONN., ALA., OHIO

2006-01-25 Thread Rick Halperin





Jan. 25


TEXASexecution

1st Texas inmate put to death this year


An Alabama man who was part of a ring that shuttled drugs from Texas to
his home state was executed today for the slayings of four people in
Houston nearly 14 years ago.

When asked by a warden if he had any final statement, Marion Dudley did
not respond, kept his eyes closed and never turned his head toward
witnesses in the chamber, which included one of his survivors and
relatives of one of the people killed.

8 minutes later at 6:16 p.m. CST, he was pronounced dead.

Dudley, 33, of Tuscaloosa, Ala., had said he wasn't at the house the night
of June 20, 1992, where 6 people were shot, 4 of them fatally, in what
authorities said was a drug dealer ripoff.

Dudley, who had record in his home state for burglary, assault, receiving
stolen property and violating probation, was the 1st Texas inmate put to
death this year.

19 convicted killers were executed in 2005 as Texas maintained its
notoriety as the nation's most active capital punishment state. Another
inmate is set for lethal injection next week and three more next month.
They are among more than a dozen Texas prisoners with execution dates in
the 1st 5 months of this year.

Dudley's lawyer had hoped the U.S. Supreme Court would stop his
punishment, arguing prosecutors improperly withheld from defense attorneys
at his capital murder trial a letter to Alabama parole officials regarding
an inmate from that state who testified against Dudley.

Attorney Ken McLean, however, said he wasn't optimistic.

"Absolutely, it's a reach," he said. "But if it's the only thing you've
got ..."

A few hours before his scheduled execution time, the high court rejected
the appeal.

The 2 survivors identified the then 20-year-old Dudley as 1 of the 3
gunmen who barged into the home of Jose Tovar, 32, and his wife, Rachel,
then 33.

In a recent interview on death row, Dudley said they were wrong.

"I was not," he said.

Jose Tovar was fatally shot in the head, as were his wife's son, Frank
Farias, 17; Farias' girlfriend, Jessica Quinones, 19, who was 7 months
pregnant; and a neighbor Audrey Brown, 21, who had just stopped by to
visit. Rachel Tovar and another friend, Nicholas Cortez, 22 at the time,
survived.

All the victims were bound with towels or strips of sheets, hands tied
behind their backs and nooses around their necks. Rachel Tovar managed to
crawl to a neighbor's house for help.

Besides Dudley, Arthur "Squirt" Brown, of Tuscaloosa, was convicted of
capital murder and sentenced to death. Now 35, he remains on death row. A
3rd man, Tony Dunson, also from Alabama and 19 at the time of the
shootings, received a life sentence.

Police said the 3 previously had been at the Tovar house to buy drugs and
knew drugs and money were there. Brown ran the ring that for nine months
had been moving marijuana and cocaine from Houston to Tuscaloosa,
authorities said.

A mini-van used as the getaway vehicle was recovered in the Alabama city,
where evidence showed they bought a new Jeep SUV with cash, eventually
traveling to Louisville, Ky., and Columbus, Ohio. About 2 1/2 weeks after
the shootings, Dudley and Dunson were arrested in Fayetteville, N.C.

"My number one problem was women," Dudley said from death row. "I was
running around. Everything went downhill from there... I just wanted to
get money, easy money. And once you start getting easy money, it's so hard
to slow down."

Dudley becomes the 1st condemned inmate to be put to death this year in
Texas and the356th overall since the state resumed capital punishment on
December 7, 1972.

Dudley becomes the 117th condemned inmate to be put to death since Rick
Perry became governor in 2001. Dudley becomes the 86th condemned inmate to
be put to death from Harris County. That represents the 2nd highest total
of executions from any single jurisdiction in the country, as only the
entire state of Virginia has more (94.)

Dudley becomes the 3rd condemned inmate to be put to death this year in
the USA and the 1007th overall since the nation resumed executions on
January 17, 1977.

(sources: Associated Press & Rick Halperin)

CONNECTICUT:

State death penalty opponents watching Florida case


Serial killer Michael Ross worried he might feel pain while being executed
last year, reading numerous studies about lethal injection and haggling
with state officials about the amount of sedative he would receive.

In the end, his attorney said Wednesday, Ross was convinced that the
sedative would be strong enough and he went willingly to his execution -
even as Connecticut death penalty opponents raised similar concerns in an
attempt to save his life.

Now, concerns about potential pain caused by lethal injection are part of
a Florida death row inmate's case headed to the U.S. Supreme Court.

The court agreed Wednesday to hear the case of 48-year-old convicted
murderer Clarence Hill, who argues that an appeals court improperly denied
him the chance to fight the lethal inj