[Deathpenalty] death penalty news----CALIF., N.Y., ILL.
June 27 CALIFORNIA: Widow pleads for death penaltyShe says home is cold and silent after husband, 2 sons slain in S.F. Danielle Bologna can't go back home. Just a week ago, her 2-story house on a quiet street in San Francisco's Excelsior district was a bustling place, crammed with sports gear and trophies and team portraits, where she and her husband of 21 years were raising their 4 children. But in just seconds on Sunday, her family was torn apart: Her husband, Tony, 48, and the couple's sons Michael, 20, and Matthew, 16, were shot and killed as they drove home from a family barbecue in Fairfield. What is left at home, for Danielle Bologna, is only stark silence. I went back there one time, she said Thursday. It was extremely cold. It was empty. It was the cold, the silence. It was hard seeing my kids' things all over ... my husband's shoes, his work stuff, his clothes, jackets all over. Danielle Bologna says she wants San Francisco District Attorney Kamala Harris - who has pledged never to seek the death penalty - to understand a little of what she must endure and to seek the death penalty for her family's killer. The district attorney really needs to pay attention - she doesn't have kids, she doesn't know what this means, Bologna said. Prosecutors filed 3 counts of murder and other charges Thursday against Edwin Ramos, 21, of El Sobrante, an alleged street gang member who police say opened fire on the Bolognas after their car briefly blocked Ramos from completing a left turn down a narrow street. The charges include special circumstances that could carry the death penalty. But Harris had long promised to not seek the death penalty in the city. After taking strong criticism for quickly ruling out the death penalty against the gang member ultimately convicted of killing San Francisco police Officer Isaac Espinoza in 2004, Harris has since delegated such decisions to a committee of prosecutors in her office. Capital punishment, however, has yet to be sought. On Thursday, Harris' office said that no decision has been made on the issue in the Bologna slayings. This is a horrific tragedy most painfully felt by the family and friends of these innocent victims and shared by our entire city, the office said in a statement. Danielle Bologna, 47, an educational adviser and coach at Rooftop Elementary, recalled how her husband spent his days coaching sports with his 4 kids and nights as a supervisor at Draeger's market in San Mateo. Michael, a standout athlete, was their eldest son at 20 and was attending the College of San Mateo. Matthew, their youngest son, was 16 and attending Lincoln High in San Francisco. On Sunday, the Bolognas - she, her husband and their three sons and a daughter - joined other relatives and friends for a barbecue in Fairfield. It was the last time the family was together. Encounter on street She said the family parted at the gathering because Tony wanted to get some sleep before work. He was driving on Congdon Street only blocks from home, police said, when he encountered a Chrysler 300 as it was trying to get by his car after making a left turn. Tony backed up, but soon shots were fired, fatally wounding him and two sons, who were riding with him in the car. There was no altercation between this maniac man and my husband, she said. My husband would never put his own children in jeopardy. My husband moved back to let the guy go. Instead, he had blocked my husband and opened fire. There was not a peep or a word out of my husband's mouth. With the help of a tip from a man arrested after the slayings, police quickly made an arrest of a member of a notoriously violent street gang, MS-13. This animal, Danielle Bologna said. I just feel that I can't even give him a name - who can just drive around looking for victims to take out. He has no conscience. Just to kill people when you feel like it? Widow's plea to D.A. Danielle Bologna said the district attorney needs to realize the enormity of the crime in this case. Seeking the death penalty, this will make a statement so people won't just kill families for no reason, said Bologna, who is left to raise a son and daughter on her own. They have the power to stop this. They have to stop with the excuses - this is not her family, this is my family. ' Violence in the city, Bologna said, has gone too far. Nothing is getting done. Why did we put her here, if she is not going to stop this? This is huge. I have lost a husband and 2 kids. Danielle Bologna thanked the police for their efforts. She says she prays that justice will be done. I'm going to let the courts do their job. I'm going to let the police officers, who have been fabulous, do their job. I just feel the district attorney needs to do her the job. She said she is still stunned by what happened. 'A senseless crime' All I can tell you - this was a senseless crime. I never in a million years thought I would have to live this life and lose my family. To be
[Deathpenalty] death penalty news----CALIF., N.Y.
April 28 CALIFORNIA: Redlands man gets death penalty in '03 Riverside slaying The slaying of a retired Riverside professor was so heinous that the killer deserves the death penalty even though he is mentally ill, a Superior Court judge ruled Friday. Johnathon Ross Luther, of Redlands, was convicted Feb. 2 of murdering Brian Jacques, 74, while Jacques rested in his bedroom watching the evening news. Luther's attorneys filed motions for a new trial and to have Luther's sentenced reduced from death to life in prison, but Judge Christian Thierbach denied those motions. On Friday, the judge sentenced Luther, 26, to live in San Quentin State Prison until his execution. A history of violent acts including holding his girlfriend at gunpoint and various crimes while in a Riverside County jail portray Mr. Luther as a man without a moral compass, Thierbach said. In addition, he said he had rarely seen Luther's level of criminal sophistication in the way he planned to wear all black and stealthily moved around Jacques' home until he could see Jacques through an opening in the vertical blinds. During interviews with detectives, Luther told police how he planned his moves before he shot the retired La Sierra University communications professor. After the shooting, he drove away from the Riverside home with his car lights off, swapped the tires on his car and transferred the title. Jacques' family told the court how life has been since the killing in January 2003. His sons, Daryl and Brian Jr., explained how the family remains constantly concerned about their safety and family members become fearful when someone does not arrive home on time. Alarms are constantly set, doors remain locked and blinds closed at night. After 50 years of being married to Brian Jacques, Florence Jacques described how difficult it is to keep going everyday. She was an arms-length away from her husband when he was shot and tried to use her nursing skills to save him. Now, loud noises make her heart pound and hands shake, she said. She has not slept through the night since. When I wake up in the morning, my husband is not beside me, she said. When I sit down for a meal I eat alone. (source: The Press-Enterprise) NEW YORK: Death-penalty statute urgedBruno says Spitzer should press for reinstating punishment for cop killers Gov. Eliot Spitzer should stop pushing campaign-finance reform, gay marriage and other issues and instead focus on getting a death-penalty statute enacted in the wake of this week's trooper shootings, Senate Majority Leader Joseph Bruno said Friday. This governor has got his priorities wrong, said Bruno, R-Brunswick, Rensselaer County. The Senate is expected to pass a bill next week that would reinstate the death penalty for cop killers. Spitzer has said he supports the concept, but has yet to actively advocate for it. The same bill has been introduced in the Assembly by RoAnn Destito, D-Rome, Oneida County. But Assembly leaders say they're still against the measure. The state hasn't had a death-penalty statute on the books since the Court of Appeals invalidated the law in 2004. Nobody has been executed in the state since 1976. The renewed push for a new death-penalty statute comes in the wake of the shooting death Wednesday of State Trooper David Brinkerhoff and the wounding of 2 other troopers over 2 days. Bruno spokesman Mark Hansen said the State Police announcement Friday that Brinkerhoff was killed by friendly fire didn't change the Senate's position on the need for the death penalty for cop killers. Spitzer said earlier this week that it was too early to talk about the policy implications of the shootings, and instead he said he was focused on trying to comfort the victims' families. Charles Carrier, a spokesman for Assembly Speaker Sheldon Silver, D-Manhattan, said that with life without parole, we don't feel we need a death penalty. (source: Democrat and Chronicle)
[Deathpenalty] death penalty news----CALIF., N.Y., TENN., VA.
June 3 CALIFORNIA: Alcala pleads not guilty to 5 murdersHe is suspected of killing a 12-year-old O.C. girl in 1979. Rodney James Alcala, a former death-row inmate whose 2 convictions for killing a 12-year-old Huntington Beach girl in 1979 were both reversed, again pleaded not guilty in that slaying today, and to 4 other killings in Los Angeles County. Alcala, 62, has been in custody since July 1979 when he was arrested for the abduction and murder of Robin Samsoe, a Huntington Beach ballet student who disappeared from her neighborhood on June 20, 1979. Her decomposing remains were discovered 12 days later in the San Gabriel Mountains. While he was awaiting a 3rd trial in the Samsoe case, he was indicted on the 4 Los Angeles County slayings based on DNA evidence. DNA testing did not exist in 1979. Superior Court Judge Francisco Briseno ruled earlier that the 4 Los Angeles County cases can be prosecuted along with the Samsoe case in Orange County. While 2 of Samsoe's brothers and a sister-in-law watched from the courtroom gallery, Alcala officially pleaded not guilty to all 5 cases today. Members of Samsoe's family have been in court for every hearing on the case sine 1979. He is scheduled to face a jury Nov. 6, but court-appointed defense attorney George Peters said he would need more time to prepare a defense because of the new cases. The trial will probably not get under way until mid 2007, Peters said. These are the 4 Los Angeles County slayings: - Nov. 10, 1977: Jill Barcomb, 18, of Oneida, NY, had been in Southern California for about 3 weeks when her body was found on a dirt path on Mulholland Drive in Los Angeles. She was in a knee-to-chest position and naked from the waist down. She had been strangled with a pair of blue slacks and beaten. There were signs of sexual assault. - Dec. 16, 1977: Georgia Wixted, 27, was found in her Malibu home, naked, battered and sexually assaulted. A hammer was found next to her body. Wixted, a nurse at Centinela Hospital, was born in New York. 2 types of blood were found in her apartment. Alcala was linked to her murder in 2003 after his DNA popped up when authorities tested a sample found at the scene. - June 24, 1978: Charlotte Lamb, 32, of Santa Monica, was found naked and dead in the laundry room of a large apartment complex in El Segundo, according to the LA County coroner's office. Lamb, a legal secretary, had been sexually assaulted and strangled with a shoelace. The apartment manager found her body, but residents said they had never seen her before, according to published reports. - June 14, 1979: Jill Parenteau, a 21-year-old computer program keypunch operator, was killed after an intruder broke into her Burbank apartment by jimmying window louvers. Her nude body was found on the floor, propped up by pillows. (source: Orange County Register) NEW YORK: Life in prison for 'Kid Homicide'2nd sentencing for 1996 murder A man known on the streets as Kid Homicide received the only possible sentence for the 1996 kidnapping and murder of a teenager -- life in prison. Still, that's an improvement over Charles Malloy's prior sentence, which had sent him to death row. Common Pleas Judge John S. Kennedy on Wednesday imposed a life sentence without the possibility of parole. He also sentenced the 30-year-old Brooklyn, N.Y., man to an additional 20 to 40 years in prison for Malloy's convictions on charges of kidnapping and conspiracy to commit murder. Malloy was convicted of first-degree murder and sentenced to death in March 2000 for the Nov. 8, 1996, slaying of 18-year-old Arthur Gerber Irick in an abandoned warehouse parking lot in York City. But in September 2004, the state Supreme Court overturned the death sentence, faulting his former defense attorney, Rick Robinson, for failing to provide mitigating evidence to the jury about Malloy's abusive childhood. Robinson has said he was unable to make contact with any of Malloy's family at the time of trial and that he doesn't recall his client informing him of the abuse. A new penalty hearing for Malloy began April 24, to determine whether he should get life or death. On May 3, the jury announced that, after about 21/2 hours of deliberation, it could not agree on a sentence. In such cases, the judge is required to impose life without the possibility of parole. Wednesday's hearing was to formally impose the sentence. Murder was ordered: Irick's execution was ordered by Willie Skip Gooding, who believed Irick was a stick-up kid who robbed Gooding's crack-cocaine crew and shot at them, police said. Gooding was convicted of 3rd-degree murder and kidnapping, and sentenced to 30 to 60 years in prison. Police have said that Malloy and 2 others -- who weren't charged with homicide because they testified against Malloy -- lured Irick to an abandoned parking lot next to DD Distribution Services Inc., near of the intersection of East Philadelphia and Broad streets. It was there that
[Deathpenalty]death penalty news --- CALIF., N.Y.
death penalty news August 11, 2004 CALIFORNIA: Date, place of Wesson's death penalty trial to be decided A Fresno County judge decided to hear arguments about a proposed delay and a change of venue in murder suspect Marcus Wesson's trial on Aug. 20, following a discussion in court Wednesday. Judge R.L. Putnam said that he would not make a snap decision on any of the issues being discussed. On Tuesday, Fresno County District Attorney Elizabeth Egan released a statement saying the prosecution would seek the death penalty in the case against Wesson, who is charged with killing nine of his family members. The 57-year-old Fresno man is also accused of 13 sex crimes, including rape, against victims who are believed to be his family members. Wesson has pleaded innocent to all charges. Prosecutor Lisa Gamoian said she could not comment on the case. Peter Jones, the public defender representing Wesson, said outside court that whenever the state seeks to put a human being to death, it's a grave, serious matter. But for now, Jones said, he is concentrating on getting his client through the guilt phase. Our concern is proving that Mr. Wesson did not commit the homicides on March 12, he said, alluding to the day when police entered Wesson's home after a standoff and found nine bodies stacked in a back bedroom. The decisions on delaying the trial for 90 days, and moving it to another county, as requested by Jones, were put off so that both sides have the opportunity to review material that shows local media coverage of the crime and a survey that would show possible bias on the part of local residents. Wesson has repeatedly opposed any delay in the case, and has asked to have his right to a speedy trial respected, but he did not comment during Wednesday's hearing. Jones said he is working diligently to meet both Wesson's right to a fast trial and to effective representation. That puts the burden on us, he said. The trial is set for Sept. 14. If Jones' request for a delay is granted, it could be postponed until December. Wesson is being held without bail in Fresno County Jail. Prosecutors seek death penalty against Fresno man Prosecutors say they will seek the death penalty against a man charged with shooting nine of his children in his Fresno home. The announcement was made Tuesday after a careful review of the facts and applicable law, according to a news release from the office of Fresno County District Attorney Elizabeth Egan. Marcus Wesson's public defender, Peter Jones, told The Fresno Bee that he was not surprised. From our standpoint, we have been preparing on the assumption that they would seek the death penalty, Jones said. Obviously, our hope was that they would elect not to. Judge R.L. Putnam on Wednesday scheduled arguments for Aug. 20 on a defense request to delay the trial from Sept. 14 until mid-December and to move it to another county. Wesson is charged with shooting nine of his children, ages 1 to 25, on March 12. Officers were called to his home by two women who were trying to retrieve their children from inside the Wesson household. Wesson, 57, is also accused of 13 sex crimes, including rape, with each of the victims believed to be family members. He has pleaded not guilty to all charges. (source for both: AP) NEW YORK: Senate adopts 'fix' on death penalty law The state Senate voted Wednesday to alter the sentencing provisions of the state's death penalty law to remove procedures declared unconstitutional in June by the state's highest court. The legislation stipulates that when a jury deadlocks over the punishment of a defendant who has been found guilty of a capital crime, that offender will get life without parole. It also creates a third option for juries deciding the correct punishment in a capital case, life in prison with the possibility of parole. On June 24, the state Court of Appeals said the sentencing methods of the capital punishment statute were unconstitutional because if a jury deadlocks between execution and life without parole as the punishment, the trial judge sentences the defendant to a parole-eligible term of up to life in prison. The judges said that option might lead some undecided jurors to vote for death by lethal injection because they cannot bear the thought of a defendant someday being paroled. The ruling effectively cleared the four inmates from death row in New York and put prosecutions seeking executions for murderers on hold. The measure approved 37-22 by the Republican-controlled Senate Wednesday was worked out with Gov. George Pataki. But the willingness of the Democrat-dominated state Assembly to take up the bill, or any measure that might resume death penalty prosecutions was unclear. This is a highly technical issue with many constitutional implications and we are looking at it, said
[Deathpenalty]death penalty news----CALIF., N.Y., ALA., MD., S.C.
Feb. 19 CALIFORNIA: Death Penalty Will Be Sought in Guard's Death The San Bernardino County district attorney announced Friday that he would seek the death penalty against the inmate who allegedly killed a Chino prison correctional officer in January. Inmate Jon Christopher Blaylock, 35, allegedly stabbed veteran correctional officer Manuel A. Gonzalez Jr. 3 times with a homemade knife Jan. 10 at the Chino Institution for Men, killing the 43-year-old father of six from Whittier. Blaylock was serving a life sentence for the attempted murder of a police officer. We have to protect our guards in prison, Dist. Atty. Michael Ramos said at a news conference attended by the officer's family. The only message to send [prisoners] from this case is that if you kill, we're going to take your life. [Blaylock] took the life of a wonderful human being. Blaylock is expected to be arraigned within 2 weeks. Manuel Gonzalez's slaying - the 1st of a state correctional officer in 20 years - is being investigated by the San Bernardino County Sheriff's Department, the state Office of the Inspector General and a special panel organized by the Department of Corrections. John A. Ferrone and Mark J. Peacock, attorneys representing the Gonzalez family, said they will file a civil lawsuit against the Department of Corrections and the Chino Institution for Men for alleged misconduct related to the slaying. The attorneys say Warden Lori DiCarlo was negligent because she failed to move Blaylock to another prison despite his violent history. She also failed to isolate him while he was held at the Chino prison, and did not distribute protective vests to correctional officers even though the vests were in storage at the prison, they said. Gonzalez was not wearing a vest when he was stabbed in the upper torso and abdomen while in the prison's reception center. (source: Los Angeles Times) * Officer killer ruled incompetent for 3rd time A man who confessed to killing a Millbrae police officer in 1998 was ruled mentally incompetent to stand trial for the 3rd time. Judge H. James Ellis ruled Thursday that Marvin Patrick Sullivan, 50, should return to Napa State Hospital, where he has been treated for paranoid schizophrenia since being indicted for murdering Officer David Chetcuti. He had been able to regain competency with medication. But in June 2003, the U.S. Supreme Court ruled that the practice of forcibly medicating defendants to ensure their competency can occur only under limited circumstances. The case has led the officer's family to voice frustration with the state's mental-competency laws. Chetcuti's widow, Gail, became an outspoken advocate for reform before she died last year of brain cancer. I think it's a waste of taxpayer money. Lock him in a dark corner. Why keep bringing him back? David Chetcuti's brother, Joe, told the San Francisco Chronicle. Send him back to the hospital, leave him there and close the case. On April 25, 1998, Millbrae motorcycle officer David Chetcuti assisted another officer who had stopped Sullivan for a traffic violation on Highway 101. Sullivan allegedly shot Chetcuti more than 12 times with a high-powered rifle before driving off. He was found the same day on the San Mateo Bridge with pipe bombs strapped to his body. Sullivan has confessed to the crimes, saying he believed he was the target of a government assassination attempt, according to his attorneys. (source: Associated Press) NEW YORK: David Kaczynski, executive director of New Yorkers Against the Death Penalty, talked to the Editorial Board. Q. The Court of Appeals threw out New York's death penalty on a sentencing technicality. The Senate has voted to repair the law, but the Assembly is balking. Shouldn't the Assembly just have an up or down vote on whether to repair the law? There are thousands of bills submitted by members every year. There is a committee structure to study each of these proposals. This is really what the recent Assembly hearings have been about, a chance for members of 3 different committees to hear and weigh the evidence. Q. You criticize New York's law because it's expensive to apply. But many of those costs are because of the protections it offers defendants. The death penalty has cost taxpayers $170-$200 million in the last 10 years. The money spent on a capital trial is far greater than the amount needed to incarcerate someone for life. That money could have been used to prevent crime, support law enforcement or provide aid to victims. We've poured money into a failed and unfair program that could have gone to help New Yorkers. We could choose to have a system like Texas, with few procedural safeguards, but I don't think anyone would want that. On the other hand, we could try and create a better death penalty law and in the end, spend much more money and convict even fewer people and we'd still not be sure that we haven't sentenced innocent people
