[Deathpenalty] death penalty news-----N. MEX., CALIF., N.C., USA
April 5 NEW MEXICO: Richardson Urges Prosecutors To Seek Death Penalty In Astorga Case In Albuquerque, Gov. Bill Richardson has urged a prosecutor to seek the death penalty in the case of a man accused of fatally shooting a Bernalillo County sheriff's deputy. Michael Paul Astorga is accused of fatally shooting Deputy James McGrane on March 22 during a routine traffic stop. Before McGrane's death, a warrant had been issued for Astorga in the Nov. 5 killing of Candido Martinez, of Albuquerque. Police in Ciudad Juarez, Mexico, handed over Astorga to the FBI and Bernalillo County authorities in El Paso, Texas, early Tuesday morning. On Tuesday evening, Astorga -- wearing shackles and handcuffs -- was escorted into the Metropolitan Detention Center in Albuquerque. Richardson said Wednesday that in rare situations, the death penalty is the appropriate penalty. (source: TheNewMexicoChannel.com) CALIFORNIA: Suspect in Elk Grove shooting rampage faces death penalty A 28-year-old man who allegedly went on a shooting rampage through the streets of Elk Grove was charged Monday in the murders of 2 men and attempted murders of several others. Aaron Norman Dunn was arraigned in a closed hearing at his bedside in UC Davis Medical Center as he recovered from surgery on gunshot wounds suffered during a police confrontation that ended the March 25 rampage. Prosecutors are seeking the death penalty against Dunn, who was charged with 2 counts of murder, 7 counts of attempted murder and special circumstances of multiple murders and shooting from a vehicle. Killed in the shooting spree were John Johnson, 46, and Michael John Daly, 45. Listed as victims on the attempted murder charges are Adam Wheeler, Stephanie Cartwright, Vincent Marconi and Elk Grove police officers Tisha Smith and Genelle Bestpitch. The charges may change as the investigation continues, said Deputy District Attorney Anne Marie Schubert. Authorities said Dunn, of the Yuba City area, showed up on Laguna Boulevard shortly before 8 p.m. high on methamphetamine and armed with a 12-gauge shotgun. Dunn allegedly began by shooting Daly in the head while he was sitting in a car with his wife and 2 children in front of a restaurant. Dunn then sped away in his car but crashed down the road, continued on foot and shot Johnson in the face outside another restaurant, authorities said. He continued shooting, shattering the back windshield of a parked police car and shooting a 3rd man in the back, they said. A police officer shot Dunn when the suspect did not give up his weapon. Johnson was pronounced dead at the scene, and Daly died Friday. Authorities have said Dunn knew none of the victims. He reportedly was distraught over a recent split with his wife. Dunn's next court hearing was scheduled for April 12. (source: Associated Press) ** Judge: Lethal injection hearing still on as scheduled, for now In San Jose, a federal judge on Tuesday set aside a request by attorneys for condemned killer Michael Morales to postpone 2 days of hearings scheduled for next month on the constitutionality of California's lethal injection method. But Judge Jeremy Fogel said he would be willing to grant such an extension if a federal magistrate determined before the hearing dates that state prison officials need to give the defense more background information on how executions have been conducted. It appears that significant disputes have arisen between the parties with respect to the scope and duration of discovery, Fogel said. An appropriate resolution of plaintiff's motion is difficult without a better understanding of the merits of these disputes. Fogel agreed to hold the May 2-3 hearings on whether the state's 3-drug cocktail constitutes cruel and unusual punishment after officials at San Quentin State Prison could not comply with his order either to change the procedure or to call off Morales' execution, which was originally scheduled for Feb. 21. Both state prosecutors and Morales' lawyers originally said they would be ready to present their cases to Fogel within 3 months at the most. Defense attorneys have since asked to have the hearings pushed back, arguing that the state has not fully cooperated with their request for detailed information on the training and experience of the prison personnel who administered lethal injections in the past. Attorney's for the state, meanwhile, reject that claim, calling the defense requests for overbroad and excessive. Morales is on death row for killing 17-year-old Terri Winchell in San Joaquin County 25 years ago. As his scheduled execution date approached, his attorneys filed a lawsuit with Fogel arguing that Morales might feel too much pain if the sedative he was given did not make him unconscious before 2 other drugs - 1 to paralyze him and another to stop his heart - were administered. A week before the scheduled execution, Fogel recommended that California employ 2
[Deathpenalty]death penalty news----N. MEX. CALIF.
July 19 NEW MEXICO: Judge Says Inmates' Attorneys Can't Quit Death Penalty Case In Santa Fe, a judge has denied a request for lawyers to bow out of defending three prison inmates facing the death penalty, even though the attorneys contend they're not getting paid enough. Attorneys for inmates Reis Lopez, David Sanchez and Robert Young wanted state District Judge Neil Candelaria to let them drop out, order the state to pay them more or dismiss the death penalty against their clients. He denied the motions in a written order earlier this month. The judge noted legal associations have raised concerns over flat-fee contracts in death penalty cases, given the amount of time cases can involve. However, he said the attorneys are experienced professionals, and no one forced them to sign the agreements with the state public defender's office. Attorneys on 2 of the defense teams said Monday they'll appeal to the state Supreme Court. They contend it's wrong to make them pay the cost of a lengthy defense against the death penalty. The inmates, who have two lawyers each, are accused of murder in the beating of Officer Ralph Garcia during a 1999 uprising at the Guadalupe County Correctional Facility near Santa Rosa. Michael Cox, who is prosecuting for the attorney general's office, had argued the state was paying enough to give them the constitutionally required defense. The state has paid the teams $107,500 so far. Young's lead attorney, Billy Blackburn, said that if the state seeks the death penalty against its poorest citizens, it must adequately fund their defense. Taking someone's life is irreversible, he said. If you're not going to do that (pay enough), then why have a trial? You don't need lawyers. You could go straight to the execution. Lopez's lead attorney, former public defender Jacquelyn Robins, told the judge last month she would be working for about $40 an hour even with an additional $100,000 expected from the state. She said that's a little more than half of what's needed to pay her overhead. She also said it was disappointing the state used her experience to argue she should have known what she was getting into. Part of my willingness to sign a contract, which had an obvious problem, is because I believe that is what experienced attorneys should do - that when there is a difficult case that takes a certain amount of expertise, then we should lend a hand, Robins said. We should not stand back and say, 'No, somebody else can do this.' The attorneys have been working under the contract for 5 years, and we are far beyond what we are capable of doing on the case when you put together the number of hours and the amount of work to be done, she said. The defense teams signed contracts with the public defender that expired in 2001, but they've continued to work. They contend it was understood the state would pay more as the case progressed. Young is to go on trial in November, Lopez next March and Sanchez next May. (source: Associated Press) CALIFORNIA: D.A. who led prosecution of Peterson is quitting James Brazelton, Stanislaus County's colorful district attorney who spearheaded the prosecution of Scott Peterson, is retiring from office at the end of July -- 17 months before his term is up -- to take a job in the private sector. Modesto's top prosecutor was right out of central casting with his Western suits, cowboy boots and chiseled profile. He's also been a controversial figure in a county where political scandals are as common as cotton fields. Last year a civil grand jury criticized him for allegedly pulling out his pistol while bragging about wanting to shoot a reporter. He took a national beating in the press early on during the Peterson trial when the prosecution seemed to be floundering. But Brazelton, 63, said Monday that he's having the last laugh. He won his big case, he noted. I feel like I'm going out on a high note, said Brazelton, whose small- town prosecutors beat the socks off a slick defense team and persuaded a jury to convict Peterson last year of murdering his pregnant wife, Laci, and the couple's unborn son. Brazelton has been district attorney since 1996 and won election twice. He said he was leaving to grab an offer that had come out of the blue. That job is executive vice president of client relationships for American Corrective Counseling Services, which contracts with district attorneys to provide them with restitution programs for bad-check writers. I'm a little burned out on fighting with the county, I'm tired of the politics and a little sick of dealing with the press, Brazelton said. I'm currently at the National District Attorneys Association meeting in Portland, Maine, and I'm being treated like a hero out here, he said. When I go back home, I'll be treated like a dog again. But now I can go out and do what I do best in the private sector and make a whole lot more doing it. Assistant District Attorney Carol Shipley will run the office
