[Deathpenalty] death penalty news----TEXAS, USA, ILL., OHIO
Feb. 16 TEXAS: Guilty plea ends long death-penalty appeal saga Johnny Paul Penry, whose Texas death sentence was overturned three times in a 25-year, precedent-setting series of appeals, has pleaded guilty and been given three life sentences, his lawyer said on Saturday. The deal ends a long legal battle over whether low IQ and mitigating circumstances such as child abuse could exempt someone from execution. Penry's case changed U.S. law to let juries consider such factors, said attorney John E. Wright. "The fact that we settled our case doesn't change the impact of precedents made earlier," said Wright, who represented Penry throughout the legal saga. Penry, 51, pleaded guilty on Friday to raping and murdering Pamela Carpenter in her Livingston, Texas, home in 1979. He also pleaded guilty to 2 separate cases of kidnapping and assault, Wright said. State District Judge Fred Edwards gave Penry 3 consecutive life sentences as agreed between Wright and Polk County District Attorney Lee Hon. The prosecutor said a fourth death-penalty trial would have been costly, difficult and vulnerable to another appeal. Wright said he could have fought the 2nd and 3rd life sentences on various legal grounds, but he wanted to avoid risking another death sentence. "We were willing to do a lot of things we wouldn't ordinarily do to save his life," Wright said. The Supreme Court overturned death sentences for Penry twice, in 1989 and 2001, and the Texas Court of Criminal Appeals voided a third one in 2005, all on issues of how juries should consider child abuse and low IQ before imposing death. Penry received dozens of cigarette burns on his legs and groin as a child, and tests showed his IQ was abnormally low, below 70, Wright said. Some constitutional issues arising from Penry's case remain, Wright said. The Texas statute intended to correct the errors cited by courts defines mitigation too narrowly and puts the burden of proof improperly on the defense, he said. "There's a lot of Penry progeny out there still," Wright said, referring to other cases that raise those issues. Penry remains in prison, and Wright said he will be there until he dies. He said he hoped Penry would be placed in a unit for elderly prisoners. "Somebody that's committed this type of crime and is as low-functioning as Johnny is likely to be abused by other inmates," Wright said. (source: Reuters) USA: Several reasons to keep the death penalty In a Jan. 28 letter to the editor, Patti Brown argues for the abolition of the death penalty on the grounds that "there simply is no remedy for the execution of someone who may be innocent." As secretary of Iowans Against the Death Penalty, she feels that the execution of one innocent man is enough reason to abrogate capital punishment. Brown and her organization overlook several factors. With modern DNA testing, a criminal's guilt can normally be established beyond the shadow of any doubt. Few convicted criminals are ever executed. As of 2007, some 1,099 individuals have been executed since the Supreme Court reinstituted capital punishment in 1977. There is no consensus among the experts that any of them were innocent. That mistakes will be made by fallible human beings in the application of the death penalty does not argue for the doing away of it. Doctors make fatal mistakes and so do politicians, but these mistakes are not a good reason for doing away with the practice of medicine or government. A desire to abolish the death penalty shows a low view of the will of the Creator. He commanded that a murderer be put to death (Genesis 9:6), and it fails to acknowledge that capital punishment serves as a deterrent. Finally, it minimizes the wickedness of criminals who deserve to pay the ultimate penalty for their heinous crimes. Manfred Kober) (source: Des Moines Register) ILLINOIS: Alvarez: State needs more reforms, public input before lifting moratorium on death penaltyShe says public input, more reforms needed Democratic Cook County state's attorney nominee Anita Alvarez said Friday that Illinois must enact more reforms and allow the public a say before lifting its death-penalty moratorium. "I believe there were a lot of reforms, and there were a lot of recommendations that I don't believe have been put into effect," said prosecutor Alvarez during a taping of the "At Issue" program, set to air at 9:30 a.m. Sunday on WBBM-AM 780. In contrast, Republican state's attorney nominee Tony Peraica said he favors lifting the 8-year-old moratorium on executions, a view Republican DuPage County State's Atty. Joe Birkett advocated this week . Former Gov. George Ryan declared the moratorium in 2000, 3 years before he cleared death row, saying too many men had been wrongfully convicted and sentenced to death before being freed by the courts, prosecutors or pardons. Many capital-case reforms have been put in place, but Gov. Rod Blagojevich has continued the moratorium, saying it
[Deathpenalty] death penalty news-----TEXAS, USA, ILL., MONT., LA.
June 9 TEXAS: Capital murder pretrial held The extra steps toward security - 4 deputies flanking 3 jumpsuit-clad inmates sitting together at the defense table - was a stark reminder Thursday of the viciousness of the crime the defendants are accused of committing. The pretrial hearing in Judge Martha Trudo's 264th District Court was a chance for the prosecution and defense attorneys to complete some housekeeping items before the accused young men have their day in court on June 26. "We want to make sure everyone is on the same page," said First Assistant District Attorney Murff Bledsoe, the lead prosecutor. Harker Heights residents Russell J. Alligood, 25, a former 1st Cavalry Division soldier; Brandon Lee Hammock, 16; Erik Leonard Siperko, 18; and Matthew Allen Harris, 22, are charged in the slaying of Capt. Jason Luz Gonzalez at his Harker Heights home on June 3, 2005. Alligood, Hammock, and Siperko will be tried together; Harris will be tried separately. Each was indicted on charges of capital murder committed during the course of a burglary by a Bell County grand jury on Sept. 28, 2005, and each was re-indicted on May 17 for charges of capital murder committed during the course of a robbery. "The court had a pretrial hearing before the last scheduled trial date (April 3) on the previous indictments," Bledsoe said. "Subsequent to that, new indictments were returned." The difference between a robbery and a burglary is whether a victim is physically present. A person is charged with a burglary when he or she breaks into a home or building and no one is there. The new indictments were not changes to the original indictments, but merely additions. The new capital murder indictments don't change the severity of the punishment in the event of a guilty verdict - life in prison. Hammock - certified to stand trial as an adult - and Siperko, 15 and 17 years old at the time of the offense, are not eligible for the death penalty. Bledsoe explained to Trudo that a couple of the defendants had not been arraigned on the re-indictments. An arraignment is simply having the indictment read to the defendant and the accused entering a plea. Hammock and Siperko pleaded not guilty to the new charges; Alligood waived his right to an arraignment. The prosecution and 3 defense attorneys declared they were ready to proceed with the trial. The defendants are accused of killing the 28-year-old captain at his home in Harker Heights during a burglary. Gonzalez died from multiple gunshot wounds to the head and chest. Gonzalez was an Apache helicopter pilot with the 4th Infantry Division and had been scheduled to leave for Iraq this past November. In the arrest affidavit, the four men admit to breaking into the house on Iron Jacket Trail, shooting and killing Gonzalez and stealing several items, including the victim's truck which was later found at the bottom of Stillhouse Hollow Reservoir. (source: Killeen Daily Herald) *** AT THE COURTHOUSEProsecutors demand proof of misconduct; Defense attorney in truck-death case said his opponent met with a judge Federal prosecutors are demanding that a defense attorney retract or prove his allegations of prosecutorial misconduct in the case of a truck driver accused in the deaths of 19 illegal immigrants who were packed into his stifling trailer. The demand, in a court filing made public this week, was in response to Craig Washington's recent allegation that the lead prosecutor knew in advance that an appeals court was going to remove U.S. District Judge Vanessa Gilmore from the case. Tyrone Williams faces a possible death sentence this fall when he goes on trial a 2nd time for his role in a botched smuggling attempt in which the illegal immigrants died. Gilmore presided over his 1st trial last year, but a 3-judge panel of the 5th U.S. Circuit Court of Appeals removed her from the case in early May. Washington "should either retract his statements and face sanctions by this court, or should produce evidence to support his absurdly groundless claim of improper contact," Assistant U.S. Attorney Tony Roberts wrote. 'Made in good faith' Washington stood by his allegation that comments in December by lead prosecutor Daniel Rodriguez indicated that an improper meeting had taken place between a circuit judge and a prosecutor. "My statement was made in good faith upon the sworn affidavit of a lawyer whose credibility is above reproach," Washington said this week. He accused Rodriguez on May 25 of predicting - during a casual conversation with defense attorneys - that the 5th Circuit panel would remove Gilmore from the case. Washington presented an affidavit by attorney David Adler, stating that Rodriguez had made the prediction on Dec. 8. The 5th Circuit Court panel, in an order that also reversed Gilmore for the third time in the Williams case, removed her on May 10. The judges cited her busy caseload and the history of this case, in whi
[Deathpenalty]death penalty news----TEXAS, USA, ILL., N.C.
Jan. 21
TEXAS:
Murder rate puts strain on DA's office
District Attorney Al Schorre has called it the most violent start of a
year Midland has ever seen, saying, "I cannot recall a period of more
violent crimes being this close together, ever. The homicide rate is just
through the roof for a city our size."
And it does seem that the number of homicide cases are running at a high
rate and it's obviously not a crime statistic that we like to see being on
the rise. Capital murder cases are supposed to be stories you read about
from somewhere else -- not in Midland. There have been 2 double murders
this month alone. That's a rough start to the new year.
The Midland County District Attorney's Office is currently looking at a
caseload of 3 capital murders in the deaths of 5 people, the most recent
being 2 homicides when Barbara Pacheco, 33 and Eric Wiggs, 39, were killed
by gunshot. The suspect, Aldo Pacheco, later attempted to take his own
life.
That case garnered massive media attention because it involved 2 deaths,
the hostage taking of a 2-year-old boy, who survived the ordeal, and an
attempted suicide.
The rash of murder cases has naturally placed a strain on the DA's office.
With the caseload of murders higher than ever, Schorre and First Assistant
District Attorney Teresa Clingman may not be able to prosecute all the
capital cases themselves as is the usual practice. The cases may have to
be farmed out to some of the felony prosecutors even if the cases are
termed capital cases involving the death penalty.
Schorre says there are currently three capital murder cases pending and
Midland has never had that situation before. Prosecutors usually handle
only one capital case at a time.
While the surge in murder cases has hit Midland hard and has disrupted the
way these kinds of cases are handled, it also has hit Midlanders hard. We
are not used to reading about murder cases in our own backyard and would
just as soon not make a practice of it.
We wish there was an easy way to curb this dramatic rise in Midland
homicides. Easier answers might come if all the cases involved
gang-related actions, but most arise from domestic conflicts that rage out
of control or isolated disputes between individuals. It's very hard to
isolate these kinds of disputes.
It also confounds us that the homicide rate is surging forward during a
time of prosperity for the city. Usually, homicides rates climb during
downturns in the economy, not in times when unemployment figures are at
the lowest in the history of the community.
This is one tragic problem that has few answers. But we can't just afford
to scratch our heads while we have people killing each other. We are honor
bound to find some solutions.
(source: Midland Reporter-Telegram)
**
He forgets victims, too
Re: "A deadly anniversary," by Rick Halperin, Wednesday Letters.
My brother was murdered 4 years ago. The assailant got 25 years; we got
life. If Mr. Halperin truly wants to end the death penalty, he should help
stop people from committing murder.
I bet he does not have any answers for that.
Michael Miller, Cedar Hill
(source: Letter to the Editor, Dallas Morning News)
*** Jan. 18, 2006
A deadly anniversary ...
Tuesday was the 29th anniversary of America's resumption of executions,
the day Gary Gilmore was shot to death in the Utah state penitentiary in
1977. Almost three decades later, it is clear that America's lust for
state-sanctioned killing remains firmly intact, as a blind,
wheelchair-bound invalid died by injection in California. Seven more
executions are scheduled this month, including three in Texas.
We work for the day when such outrages will mercifully become an element
of our past, relegated to the trash bin of history, where the hateful
ideas and practices of executions rightfully belong.
Rick Halperin, president, Texas Coalition to Abolish the Death Penalty,
Dallas
(source: Dallas Morning News)
USA:
Meting out death: It's all connected
As I read the column by Leonard Pitts Jr. about Roger Coleman's guilt in
his sister-in-law's murder ("The truth hurts: Executed man guilty - this
time," Jan. 16), I recalled all the times I've thought "he deserves to
die" when reading about a horrible crime. And apparently, Coleman did
deserve to die.
The problem is, we shouldn't have killed him, and not only because
state-sanctioned killing makes mistakes, as Pitts points out.
It has been a recent awakening to the suffering and death we inflict on
non-human creatures that has brought me to a stance on the death penalty,
after years of wavering.
We squash a bug in our home because we've decided that this small life has
no significance. We eliminate a mouse with an excruciating trap or painful
poisoning. We keep some animals as beloved pets, and eat others. And we
expect our children to know where to draw the line. Which life is
precious, and which is OK to squash, trap, hunt, poison or slaughter for
fur, entertainment, r
[Deathpenalty]death penalty news----TEXAS, USA, ILL., ARK.
May 13 TEXAS: Texas Defender Service has issued a new report, 'Minimizing Risk: A Blueprint for Death Penalty Reform in Texas.' You can access the full report at the following url: http://ccjr.policy.net/relatives/17221.pdf NEWS RELEASE: Groundbreaking Study Offers Blueprint for Reforms To Texas Criminal Justice System State with Busiest Death Chamber Relying on Procedures which Risk the Conviction of Innocent Persons A new study reveals an urgent need for death penalty reform, which would reduce the risk of wrongful convictions and arbitrary death sentences in Texas. The study shows that the state fails to comply with 80% of the safeguards of the criminal justice system embodied in model practices proposed and implemented by other states. "Minimizing Risk: A Blueprint for Death Penalty Reform in Texas," from Texas Defender Service, examines Texas rules and procedures and compares them to the "best practices" recommended by the Illinois Commission on Capital Punishment. According to the report, there is a serious risk that innocent people are being sent to death row in Texas because the criminal justice system evades sufficient scrutiny, lacks meaningful judicial review, and is rife with sweeping inadequacies in the rules and procedures relating to capital trials. Gov. Rick Perry in March established a nine-member Criminal Justice Advisory Council with an array of powers to review issues in the criminal justice system. The Council, which will make recommendations regarding necessary reforms to be delivered to the Governor and Texas Legislature prior to the 2007 Legislative Session, was empaneled in recognition of the fact that Texas' criminal justice system is in need of improvement. The TDS report addresses the problems that spurred the Governor into action and provides a road map for meaningful reform. Illinois' experience with capital punishment - and its sobering failures - has been attributed to systemic inadequacies that have come to light as a result of a report from the Illinois Commission on Capital Punishment. Most of the problems identified by the Commission exist in Texas as well. Deficiencies in the Texas procedures include the absence of uniform police and prosecutorial investigative procedures; the lack of consistent accessibility and reliability of forensic evidence; the prevalence of under-qualified or resource-starved defense attorneys; the absence of a statewide public defender's office; and the absence of a life-without-parole sentencing option. To minimize the risk of wrongful convictions and arbitrary death sentences, the Illinois Commission identified a number of reforms. Texas is in need of many of these reforms, including recording in-custody interrogations; improving eyewitness lineup and photo spread identification procedures; ensuring access to exculpatory evidence; limiting jailhouse informant testimony; providing access to DNA and other forensic testing; limiting the scope of death-eligible crimes to the most egregious homicides; and modifying the capital sentencing scheme. "Texas needs to take a good look at its system and at the ways it can be improved. This is especially true given the pace with which Texas carries out executions and the serious risk that mistakes may not be corrected until it is too late," said Thomas P. Sullivan, a former United States Attorney and Co-Chair of the Illinois Commission on Capital Punishment who spoke at a press conference today in Austin. Texas has executed 342 people in the modern death penalty era, 28 times the number executed by Illinois, yet its nine exonerations lag far behind those of Illinois. "The State of Texas is at high risk for wrongful conviction and execution, which is particularly troubling when you consider that we execute many more people than other states that have the death penalty," said State Senator Rodney Ellis. "We need to make sure that innocent people are not in prison or on death row." In 2000, prompted by serious questions about the accuracy of the capital punishment system and a string of wrongful convictions, the Governor of Illinois appointed a Commission on Capital Punishment, consisting of legal experts on all sides of the issue, including prosecutors, defense attorneys, former judges, and civil lawyers, to study the problems in the state's administration of the ultimate punishment. After 2 years of intensive study and comprehensive consideration of a broad range of materials and cases, the Illinois Commission released a comprehensive report covering every stage of the death penalty process and proposing 85 specific recommendations for reform designed to increase the reliability and fairness of every stage of the process. Since the publication of the Illinois Commission's Report, the Illinois Legislature has adopted approximately 1/3 of the reforms recommended and it continues to consider others. "The national movement to examine the state of justice -- particularly the fairness and ap
[Deathpenalty]death penalty news----TEXAS, USA, ILL., OHIO
March 12 TEXASnew death sentence Man gets death penalty for slaying of infant A jury in Sherman today ordered execution for a man accused in a triple slaying and convicted of one of the killings. Jurors on Monday found Andre Lee Thomas guilty of capital murder in the stabbing death of his estranged wife's 1-year-old daughter. The victim was Leyha Marie Hughes. Thomas hasn't been tried in the deaths of his wife, 20-year-old Laura Christine Thomas, and their 4-year-old son, Andre Lee Boren. The attacks happened last March at the woman's apartment in Sherman. The victims' hearts were cut out, and 2 of them were found at a house where Thomas lived. Authorities say that Thomas, who underwent surgery for self-inflicted stab wounds, ripped his right eye out of its socket while he was jailed. (source: KLTV News) * Atwood is kids' hero Students from Auburn High School in Auburn, Mass., want to give public thanks to Houstonian David Atwood for his bravery in protesting the death penalty at the execution of Anthony Fuentes in Huntsville in November 2004. His peaceful civil disobedience and subsequent serving of jail time demonstrated his moral convictions. He is truly an inspiration. JOE DONAHUE and STEPHANIE ROCHEmembers of Auburn High School Amnesty International, Auburn, Mass. (source: Letter to the Editor, Houston Chronicle) USA: Teen death penalty was rightfully removed In this world that often seems incomprehensible, somehow what is inherently right rises to the surface. Sometimes, despite ourselves, the cosmos brings us all kicking and screaming to a higher moral level. So it was with the U.S. Supreme Court ruling last week that exempted 16- and 17-year-olds from the death penalty. New Hampshire was only one of 19 states that allowed for the execution of individuals who committed their crimes while under the age of 18, although the people of this state, through their elected officials, had voted to change that indefensible law a year ago. At that time, then-Gov. Craig Benson vetoed the change, claiming that those who committed the ultimate crime deserved to suffer the ultimate penalty. There are still those who agree with him, but, thankfully, the majority of the Supreme Court took that decision out of their hands. It should be noted that New Hampshire, to our knowledge, has never executed a juvenile and has not put an adult to death since 1939. Still, having such a law on the books is something akin to not recognizing Martin Luther King Jr.s birthday - it says something not particularly flattering about the people who live in the state. To our credit, we corrected the MLK situation several years ago and were on the verge of bringing our death penalty laws into sync with most of the civilized world. The Supreme Court beat us to the punch, but that is OK, too. The court essentially said Benson and those who shared his death penalty views were wrong because they failed to take two things into consideration: 1st, that there are differences in culpability simply based on the age and mental development of the perpetrator; and 2nd, that the option of certifying a young offender as an adult and sentencing him or her to life in prison existed. Prison for a man or woman under the age of 18 is undoubtedly a hell few can imagine. and it is in no way letting the offender off. The killing of a law enforcement officer, the primary situation under which someone can be sentenced to death in this state, undermines the ability of society to keep its citizens safe. It is a heinous crime for which the harshest of penalties should be invoked. But there have always been mitigating circumstances, and the justices of the Supreme Court - to their credit and on their 2nd pass at this issue - recognized that age is inherently one of them. We congratulate them on making a reasoned and compassionate ruling. We also acknowledge the sponsors of legislation that would have removed New Hampshire from the list of states and third-world countries that kill their children in the name of justice. Their efforts have finally been vindicated. (source: Editorial, The Rockingham (N.H.) News) Foreigners On US Death Row No Longer Have Right to Make International Appeal Showing its impatience with outside interference in the US system of capital punishment, the Bush administration has pulled out of an international protocol that allowed foreigners on death row to take their cases to the World Court. In a 2-paragraph letter to Kofi Annan, the UN secretary general, Condoleezza Rice, the Secretary of State told him that the US "hereby withdraws" from the optional protocol, part of the 1969 Vienna Convention on consular relations. It stipulates that signatories must allow the International Court of Justice (ICJ) in the Hague - the World Court - to have the final say in cases where foreign citizens say they have been denied access to their own consular
[Deathpenalty]death penalty news---TEXAS, USA/ILL., KAN., OHIO
Nov. 18 TEXASimpending execution Convicted killer speaks out the night before his execution 20 years ago, he murdered a father of two and Thursday night he is set to die for his crime. Hours before his execution, Troy Kunkle sat down to speak for the 1st and only time since his arrest. Kunkle has spent more than 7,000 nights on death row, but Wednesday will be his last. On Wednesday, he gave a glimpse into the mind of a murderer before his execution. Kunkle says he has never stopped fighting for a chance at life, even after spending 19 years on death row. "Hope is really something that's kept me going the last 20 years," Kunkle said. "Somebody who doesn't have hope I guess wants to die." On the night of August 12, 1984, Kunkle, then 18, wanted to kill. Drunk and high, the former Roosevelt High School student and 4 friends drove to Corpus Christi. Kunkle robbed 31-year-old Stephen Horton of $13 and put a bullet in his head. He gained infamy afterwards as "the killer with no remorse," after reciting lyrics from the song "No Remorse" by Metallica after he committed murder. Asking him if he has remorse now, Kunkle says, is saying that he didn't have remorse then. "Well to be honest with you, it was basically a situation where a juvenile mistake made with juvenile peer pressure," Kunkle said. It's that argument Kunkle's defense attorney made after his conviction. They say the jury never had a chance to consider his troubled childhood with abusive and mentally ill parents. He doesn't believe he was given a fair trial. "Honestly, no I don't, really," he said. Right now, Kunkle's hope comes from experience. This will be his second date with death. In July, the U.S. Supreme Court issued an eleventh-hour stay of execution. But that stay was lifted in October, and Kunkle is now out of appeals. As he looks toward the death chamber, he reflects on an adult life spend entirely behind bars. "I have to look at myself in the mirror every day. I have to look at my mother's tears when she comes to visit," Kunkle said. "There's nothing about this to be proud of. Really, it's a shame and embarrassment, to be honest with you." And for the inmate who says he's reformed and found God he knows what his final thought will be. "I'm hoping that I will be forgiven," Kunkle said. The Horton family says they will not attend the execution, but say it is a just price and that they have no remorse. (source: San Antonio Express-News) * In death chamber, inmate says truth will come out some day Anthony Guy Fuentes, 30, was put to death Wednesday evening at the Texas Department of Criminal Justice Huntsville "Walls" Unit for the shooting death of a Harris County man in 1994. Fuentes, 30, was convicted and sentenced to die in 1996 for the capital murder of Robert Tate, 28, during a Houston convenience store robbery. In his last statement from the death chamber, Fuentes said he had found peace, but professed his innocence in his final words. "And to the family, the truth will come out, and I hope you find peace," Fuentes said. "I got my peace." Through a shaky voice and some tears, he told his family he was sorry for putting them through "this." "I love you all," he said. "To everybody else, the truth will be known. It didn't come out in time to save my life. ... But when it comes out, I hope it stops this." Fuentes was pronounced dead at 6:17 p.m. His grandfather, Guy Landrum, who witnessed the execution, spoke to a TDCJ employee as he departed the viewing room. "He was innocent. I'll prove it some day," he said. According to the Texas Attorney General's office, Fuentes and three other men robbed the Handi Food Mart in north Houston on Feb. 18, 1994. Fuentes apparently shot Tate, who chased one of the bandits when he left the store with two cases of beer. Tate grabbed the man, and the robber dropped the beer. Just then, Fuentes came running out of the store and shot Tate twice in the chest. Tate died in a ditch across the street from the store. A witness at the trial identified Fuentes as Tate's murderer. When asked in an interview last week, Fuentes would not admit he was even at the scene, and all he would say about his guilt or innocence was, "I never killed anybody." He was the 23rd Texas prisoner to receive lethal injection this year and the 1st of 2 on consecutive evenings this week. Tonight, another Texas inmate, Troy Kunkle, is set to die for fatally shooting Stephen Horton, a Corpus Christi man, during a robbery more than 20 years ago when Kunkle was an 18-year-old high school student in San Antonio. In July, Kunkle received a reprieve from the Supreme Court the same day he was supposed to be executed. The court last month refused to review his case, lifting the reprieve and setting the execution date. According to the Texas Attorney General's office, on Aug. 11, 1984, Kunkle and three companions drove from San Antonio to Corpus Christi. They saw Horton walking
[Deathpenalty]death penalty news----TEXAS, USA, ILL., KY.
Nov. 7 TEXAS: As Austin onlookers cheerMarchers demand an end to executions The 5th Annual March to Stop Executions drew cheers from onlookers and shoppers here as hundreds of activists and families of death row prisoners demanded an end to executions. Demonstrators gathered on Oct. 30 at Republic Park, marched through downtown Austin toward the State Capitol, passed the governor's mansion and rallied again at the Texas Supreme Court--the state's highest criminal court. The overwhelming majority of the dozens of family members of death row prisoners attending the protest--some of whom also spoke at the rallies--were African American and la...@. This reflects the disproportionate numbers of people from oppressed communities who are on death row, as well as the spirit of struggle and fightback present in the communities of color. Monique Matthews came from Louisiana to speak on behalf of her brother, Ryan Matthews, who was released from Louisiana's death row earlier this year. He was the 115th innocent person released in the U.S. since 1972. The website of Moratorium Now! stresses a key reason why so many peo ple who are innocent end up on death row: more than 90 percent of people on death row in this country were too impoverished to hire a lawyer to defend them. (www. quixote.org) Njeri Shakur from the Texas Death Penalty Abolition Movement spoke to the rally, encouraging the crowd to believe the people who say their family members on death row are innocent. Shakur pointed to the case of Tony Ford, convicted in El Paso by police testimony. Because of an ongoing scandal in the crime lab of the Houston Police Department, many cases of innocent people who were sent to prison have now come to public attention. With this knowledge of crime lab incompetence and lies by police who have collaborated with district attorneys, it is likely that many more cases of innocence will come out. Lee Bolton came from California to speak about her son, Nanon Wil liams, who was convicted and sent to death row based on reported results from the widely discredited crime lab. She drew wild cheers when she boldly proclaimed, "Nanon is innocent and we will free him from death row!" Bruce Williams is fighting for Frances Newton, who has an execution date of Dec. 1. He told protesters he thinks he is closing in on finding out who the real killer was in this case. The cops had no evidence against Newton but tried her anyway, he said. He added that the Houston crime lab also botched the evidence in their ballistics investigation of Newton's case. Other family members also stressed the innocence of their loved ones. Lawrence Foster defended his grandson, Kenneth Foster. Delia Perez-Meyer thanked everyone for their support of her brother, Louis Perez. Rodney Reed's mother, Sandra Reed, said her family is going to fight until he is exonerated. Letty Gonzales shared her pain as she spoke of her brother, Andrew Flores, executed in September by the state of Texas. Traveled far and wide to attend A number of activists and friends of death row prisoners traveled from Europe to the protest. They included friends of Daryl Wheatfall, Hank Skinner and Robert Acuna. A highlight of the rally was entertainment by the Welfare Poets from New York City--Puerto Rican musicians and spoken-word artists who presented a message of liberation to the crowd. This group raised the spirit and courage of all present. This group was invited to the demonstration by four of the men living on death row in Texas: Randy Arroyo, Tony Ford, Derrick Frazier and Kenneth Foster. The Welfare Poets brought information and inspiration to those whose friends and family members are facing the oppression of the racist and anti-poor criminal justice system and those fighting for abolition of the death penalty. The poets, as well as the emcees and many in the crowd, expressed profound gratitude to the 4 men on death row who took it upon themselves to be in contact with the band and invite them to participate in the march and rally. "We love being with the people here in Texas who are fighting for freedom," said Hector Rivera, one of the band's founders. (source: Workers World) USA: Why Kurtis changed mind on executions THE DEATH PENALTY ON TRIAL: AN INVESTIGATIVE REPORT -- By Bill Kurtis -- Perseus. $25. Long ago in the era of black and white television, when the death penalty was, like today, much debated, the powerful drama series "The Naked City" devoted an episode to the story of an execution. Its spellbinding depiction of the state killing a citizen, made ever so much more compelling by focusing on a man clearly guilty of murder, persuaded me then that capital punishment was wrong. Most attacks on the death penalty center on more sympathetic accounts of innocent men being condemned to Death Row. This is the approach taken in The Death Penalty on Trial, by Bill Kurtis, a former CBS newscaster in Chicago and now host of "American Justice
[Deathpenalty]death penalty news----TEXAS, USA, ILL.
August 19 TEXAS: Re: Routier's attorneys demand access to evidence I am quite sure you will not publish this letter nor correct your factual error in today's article about the Darlie Routier press conference, but I feel obligated to at least educate you about the facts of this case. One fingerprint "expert" for the state, Pat A. Wertheim from Arizona concluded that the bloody fingerprints could exclude everyone in the household except Darlie. A curious coincidence is that Mr. Wertheim is a former police officer from Kerrville, Texas. The other "expert" you are apparently referring to is retired Dallas Police Officer James Cron, who testified at trial that this same bloody fingerprint was a child's fingerprint and must have belonged to either Devon or Damon Routier. James Cron never changed his opinion about the bloody fingerprint. The actual opinions of these 2 "expert" witnesses for the state of Texas is radically different than your article that said "Two fingerprint experts for the state concluded that the prints could exclude everyone in the household except Ms. Routier." I no longer subscribe to your newspaper because your standards of honesty and integrity are less than what I can tolerate at this point. I got this article from the Yahoo death penalty discussion group and that is how I came to read it. I require newspaper reporting that is at least factually accurate and so now I get my news from another source. David K. Kirkpatrick (source: Letter to the Editor, Dallas Morning News) USA: Law, Psychology, & Death Penalty Litigation, By James R. Eisenberg, PhD, ABPP This book provides a thorough introduction to the role that forensic psychology plays in capital trials. Acknowledging the important differences between capital trials and other criminal trials, psychologists working in this area must be well versed in the history of the death penalty, the landmark Supreme Court decisions, and current death penalty law. The author takes a step-by-step approach in describing the various tasks that might confront the forensic psychologist in a death penalty trial including issues of competency to be executed, mental retardation, risk assessment, and related ethical dilemmas. It is is designed for mental health professionals new to death penalty litigation as well as upper level courses in psychology and law, etc. Reviews "The evaluation of aggravating and mitigating factors in the context of capital litigation is among the most complex and challenging kinds of assessments performed by forensic psychologists and forensic psychiatrists. In Law, Psychology, and Death Penalty Litigation, James Eisenberg provides a concise view, both scholarly and practical, of the death penalty process in the United States, and offers guidance for conducting evaluations that are thorough and fair. It is useful reading for anyone involved in the capital litigation process, or wishing to learn more about it." -Kirk Heilbrun, PhD, ABPP, Professor and Head, Department of Psychology, Drexel University "This book offers a straightforward, clear approach to the assessment of mitigating factors in capital litigation. Eisenberg's vast experience illuminates the concepts he sets forth, in his rich and detailed coverage of the characteristics of this population. The reader will gain an appreciation for the multifarious issues at play in death penalty litigation, and will obtain a solid grounding in assessment considerations." -Mary Connell, EdD, ABPP, Diplomate, Forensic Psychology Table of Contents Dedication Preface Chapter 1: Introduction Chapter 2: A Brief History of the Death Penalty Chapter 3: Significant U.S. Supreme Court Decisions in Capital Cases Since 1970 Chapter 4: Stages of a Capital Case Chapter 5: Aggravating and Mitigating Factors and Jury Instructions Chapter 6: Mitigation Chapter 7: Getting Started on a Capital Case Chapter 8: The Role of the Psychologist in Death Penalty Litigation Chapter 9: Special Issues: Competency, Sanity, and the Death Penalty Chapter 10: Mental Retardation and the Death Penalty Chapter 11: Antisocial Personality Disorder, Psychopathy, and Risk Assessment Chapter 12: Case Study: Boo and Rail Do a Lick Chapter 13: Ethical Issues in Capital Litigation Appendix A: Key Areas to Explore in Defendant's History Appendix B: Facts About the Death Penalty Cases References Index About the Author: James R. Eisenberg, PhD, ABPP, is Professor of Psychology and Director of the Criminal Justice Program at Lake Erie College in Painesville, Ohio. He has worked on over 200 death penalty cases and thousands of other criminal and civil forensic proceedings. He is a Diplomate and Officer of the American Board of Forensic Psychology and a frequent presenter for the American Academy of Forensic Psychology's Contemporary Workshop Series. He is a member of the American Bar Association Section of Individual Rights & Responsibilities' Task Force on Mental Illness and the De
[Deathpenalty]death penalty news----TEXAS, USA, ILL.
July 26 TEXAS: Punishment Phase Of Murdered Sisters' Trial Resumes--Jurors Convict Man Of Killing 3 Sisters After Victims' Sibling Ends Relationship In Houston, the punishment phase of a trial against a man convicted of killing 3 young sisters will continue Monday. Anthony Quinn Francois, 36, was convicted Thursday of killing 3 sisters in September 2003 after the siblings' 16-year-old sister, Shemika Patterson, broke up with him. Patterson's sisters -- Britanny Patterson, 10; Ashley Patterson, 11; and Nikesha Patterson, 15 -- were shot to death as they slept inside their southeast Houston home. Francois was also accused of shooting the 16-year-old girl and her mother, Sheila Patterson, 34, in their heads and backs. They survived their injuries. Police said Francois got into an argument with his ex-girlfriend, Shemika Patterson, and then opened fire in the family's home in the 8100 block of Rockrose around 5:30 a.m. on Sept. 11, 2003. Prosecutors said Francois went into a violent rage after the 16-year-old ended the couple's relationship. Testimony began Monday in Francois' capital murder trial. Jurors got the case Thursday at 9:30 a.m. and reached a verdict by noon. Francois' videotaped confession was played during the trial. In it, he said, "What was bothering me is that she had made up her mind that she didn't want to be with me no more. I love her and I feel like she was playing with me and she don't understand." When asked about the gun and shooting the girls, Francois replied on the tape, "I lost control. I had it in my hand and the room was dark. And then it's like over and over, and some say do it, some say don't do it." The victims' family was pleased with the guilty verdict. "Justice has been served," said Tracy Jackson, the victims' aunt. "He preyed upon a family of five females. There were no men living there and that's what I call a coward. The fight wasn't between those children. It was between him and Shemika." "I feel really sorry for him. He just looked really pitiful now and I just hate things got to work out the way it's working out, but justice is going to be justice, regardless of what I say. It's going to be . whatever," said Dorothy Patterson, the victims' grandmother. Prosecutors are asking for the death penalty. Defense attorneys said Francois' life should be spared. "We believe that there is a reason that there is some redemptive factors in his life that would mitigate the punishment and that's what we're all about," said Loretta Muldrow, Francois' defense attorney. The punishment phase of the trial began Thursday afternoon. According to the Texas Department of Criminal Justice, Francois has been in and out of the state prison system 5 times since 1988. He was paroled after serving time for burglary with intent to steal, possession of cocaine, and possession of a controlled substance between 1988 and 1991, but returned to prison on parole violations, the records show. He served nearly an entire 10-year sentence handed down in 1992 for robbery with a deadly weapon before being released in May 2001, and served his full sentence of a year for car theft until his release in May, the records show. (source: KPRC News) USA: 6.9 million in jail, or on parole or probation A record 6.9 million adults were incarcerated or on probation or parole last year, nearly 131,000 more than in 2002, according to a Justice Department study. Put another way, about 3.2 % of the adult U.S. population, or 1 in 32 adults, were incarcerated or on probation or parole at the end of last year. A record 4.8 million adults were on probation or parole in 2003, about 73,000 more than the year before. About 70 percent of adults involved in federal, state or local corrections systems fall into this category. The states of California and Texas together accounted for about 1 million. The number of adults on parole after serving a prison sentence rose by 3.1 % from 2002 to 2003, to more than 774,500 people. That compares with an average annual rise of about 1.7 % since 1995 for those on parole, a figure that has been increasing at a much slower rate than those in jails (4 % a year), in prison (3.4 %) and on probation (2.9 %). Since 1995, states around the country have increased the use of mandatory parole after prison release and cut down on use of discretionary releases overseen by parole boards, the report says. The report, released Sunday, focused most on the characteristics of those on probation or parole. Its findings include: -- Almost 1/2 of all probationers were convicted of a felony, with 25 % convicted of a drug violation. -- Washington state had the highest number of people on probation per 100,000 population, at 3,767. New Hampshire had the lowest rate at 426. -- Of the 2.2 million people discharged from probation in 2003, 3 out of 5 met the conditions of their supervision. Another 16 % were jailed because of a rule violation or a new crime, with 4 % becoming fugitiv
