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

[Rick Halperin]

Sept. 18




TEXAS:

Supporters Rally for New Trial for Rodney Reed, Sentenced to Death by All-White 
Jury in ?‘Jim Crow Trial’ in Texas




Supporters of Rodney Reed are calling for a new trial for the Texas death-row 
prisoner sentenced to death in 1998 by an all-white jury in a racially charged 
trial. On September 10, 2019, Reed’s family and supporters protested Texas’ 
death penalty outside the governor’s mansion in Austin. Their plea for a new 
trial based on evidence of his innocence has been joined by a growing chorus of 
supporters, which include the Innocence Project, the victim’s cousin, Texas 
state representative Vikki Goodwin, and Sister Helen Prejean.


Reed, who is black, faces a November 20, 2019 execution date for the 1996 
murder of a 19-year-old white woman, Stacey Stites, with whom he was having a 
secret affair. He has consistently maintained his innocence. Reed has argued 
that Stites was murdered and that he was framed by her fiancé, Jimmy Fennell, 
an Austin-area police officer who was later fired and jailed based on 
allegations that he had kidnapped and raped a woman while on duty. In August, 
the Innocence Project filed a civil rights lawsuit in federal court seeking DNA 
testing of evidence from the crime, including the belt that was used to 
strangle Stites.


Sandra Reed, Rodney’s mother, has been advocating on his behalf for years. “He 
never had a chance,” she told the supporters at the rally. In an interview with 
The Guardian, she said “[r]ace was a big factor in this case. A ‘Jim Crow 
trial’, an all-white jury, none of his peers.” Rodney Reed has said he and 
Stites had kept their affair secret because it would have caused a scandal in 
their small Texas town and because Stites feared Fennell’s reaction if he found 
out.


According to the Innocence Project court filing, witnesses said they had heard 
Fennell on several occasions threaten to kill Stites if she cheated on him, 
including saying “he would strangle her with a belt.” The lawsuit says that, in 
addition to the sexual abuse charges that led to his conviction, Fennell had 
been the subject of several complaints about “racial bias and use of excessive 
force at the Giddings police department where he worked.” The Innocence Project 
pleading says Fennell gave “inconsistent statements” about his activities on 
the night of the murder. According to the pleading, “prominent forensic 
pathologists” have concluded Fennell’s testimony that Stites was abducted and 
killed on her way to work is “medically and scientifically impossible.”


As Reed’s scheduled execution date approaches, he has received support from 
some prominent and unusual sources. Heather Campbell Stobbs, a cousin of Stacey 
Stites, has publicly expressed doubts about Reed’s guilt. “Too many things 
point to the ineptitude of law enforcement when they first started working the 
case,” she said.


Texas state representative Vikki Goodwin is calling for a retrial, or for Reed 
to be removed from death row. “I don’t think anyone can say he is guilty 
without a shadow of a doubt,” Goodwin said. “I don’t believe we should carry 
out the death penalty when there’s doubt about the truth of the case.” She 
pointed to other cases of innocence, saying, “I believe history has shown that 
in too many cases what seems to be true and just has turned out not to be so 
when new information or new scientific advances occur.”


Sister Helen Prejean, author of Dead Man Walking and the recently released 
River of Fire, has also spoken out on Reed’s behalf. “Racial discrimination 
infects the death penalty system as a whole and we see it in this case,” her 
spokesperson, Griffin Hardy, said. “It’s disturbing to see these kind of biases 
and prejudices that can ultimately cost someone their life.”


(source: Death Penalty Information Center)

***

Goliad County grand jury returns murder indictments for 2 accused of fatal 
shooting




A Goliad County grand jury has returned murder indictments for 2 people 
arrested in connection with the shooting of a vehicle carrying a mother, a 
father and their infant child.


Arrested on capital murder charges, Goliad residents Daniel Mendoza, 18, and 
Jade Ayana Culpepper, 26, are now charged with murder among other charges 
returned during a Sept. 6 grand jury, said Assistant District Attorney Tim 
Poynter.


In Texas, capital murder can carry the death penalty or life in prison without 
the possibility of parole. It is defined, among other criteria, as the murder 
of a person during the commission of a kidnapping, burglary, robbery, 
aggravated sexual assault or arson.


Grand jury proceedings and testimony are confidential, and Poynter declined to 
specify why jurors may have decided against capital murder indictments.


“It just wasn’t supported by the evidence,” he said.

Goliad County sheriff’s deputies and investigators arrested Culpepper and 
Mendoza, initially charging them with the June 13 capital 

[Deathpenalty] death penalty news----TEXAS, CONN., N.C., TENN.

[Rick Halperin]

August 29



TEXASimpending execution

Death Watch: Crutsinger Seeks Last-Ditch SCOTUS AppealFollowing the Aug. 21 
execution of Larry Swearingen, Crutsinger could be the fifth Texan killed this 
year


By all prior accounts, Billy Crutsinger confessed to the double homicide of 
Pearl Magouirk and her daughter Pat Syren shortly after he was arrested in 
Galveston. Though he consented to the DNA testing used to convict him at his 
2003 trial, Crutsinger has continued to fight his death sentence, even as his 
options dwindle and his Sept. 4 execution date nears.


On Aug. 26, the 5th U.S. Circuit Court of Appeals rejected Crutsinger's 
requests for both an appeal and a stay of execution, with Circuit Judge James 
E. Graves dissenting in each case. Days earlier, the Texas Court of Criminal 
Appeals also denied Crutsinger a stay as well as his request to "adequately 
address what it means for a lawyer to be competent when representing a death 
row inmate," according to his attorney Lydia Brandt, who told the Chronicle 
that her client "never had a competent lawyer" throughout his initial state 
appeals.


Brandt, who first took Crutsinger's case in 2008, said his prior appellate 
counsel Richard Alley, who died in 2017, was "great as a word processor, who 
cut-and-pasted claims from one client's pleading into the next client's 
pleading and into the next, and the next, and the next." The question now 
before the U.S. Supreme Court, in a petition filed Aug. 27 (in response to the 
CCA ruling), is whether his appointment by the trial court violated 
Crutsinger's 14th Amendment rights. Brandt asserts that Alley had a 
"substantial history in the state and federal courts of a lack of 
professionalism, unethical behavior, and an inability to competently represent" 
death row clients, based on her review of numerous cases of Alley's from 1999 
to 2007. (The SCOTUS filing features several pages of charts outlining issues 
that had been "reproduced by Alley verbatim ... or were substantially similar" 
to the arguments made in Crutsinger's appeals.)


Under Texas law, those seeking relief from the death penalty are entitled to 
representation by "competent counsel," which Brandt now argues Crutsinger was 
denied in 2003, when Alley was appointed to his case; his rights are now 
further infringed because he has "no avenue to present documented evidence" of 
Alley's incompetence. Graves agreed in his dissent: "Crutsinger must prove his 
claim of ineffective assistance of counsel to ... establish that 
'investigative, expert, or other services are reasonably necessary' to then be 
able to prove his claim of ineffective assistance of counsel. Such a circular 
application is illogical." On Aug. 27, Brandt confirmed that she's working on 
an additional request for relief from SCOTUS to be filed in response to the 
5CA's "adverse decision" Monday night.


Without such relief, Crutsinger will be the 5th man executed by the state this 
year, following the Aug. 21 death of Larry Swearingen, whose final motion, 
filed with SCOTUS that morning, claimed the Texas Department of Public Safety 
had "recanted and revised" "critical evidence" used to convict him. According 
to his co-counsel at the Innocence Project, DPS "provided inaccurate testimony" 
and has "conceded that its trace analyst should not have testified that the 2 
pieces of pantyhose entered into evidence" – one the murder weapon used to 
strangle 19-year-old Melissa Trotter in December 1998; the other allegedly 
found in Swearingen's residence – were a "'unique' match or a match 'to the 
exclusion of all other pantyhose.'" SCOTUS denied the motion that evening.


Earlier this month, however, the 5CA granted Dexter Johnson a last-minute stay 
based on new arguments that he is mentally unfit to be executed. It's the 
second stay Johnson's received this year; in April, a federal judge barred his 
execution to give his new counsel more time to review the case. Johnson was 
found guilty of capital murder in 2007 for the robbery, rape, and double 
homicide of Maria Aparece and Huy Ngo.


But Huntsville isn't seeing a lull any time soon; Mark Soliz is scheduled to 
die Sept. 10, with another 9 men set for lethal injection before the year ends.


A note to readers: Bold and uncensored, The Austin Chronicle has been Austin’s 
independent news source for almost 40 years, expressing the community’s 
political and environmental concerns and supporting its active cultural scene. 
Now more than ever, we need your support to continue supplying Austin with 
independent, free press. If real news is important to you, please consider 
making a donation of $5, $10 or whatever you can afford, to help keep our 
journalism on stands.


(source: Austin Chronicle)

***

Executions under Greg Abbott, Jan. 21, 2015-present44

Executions in Texas: Dec. 7, 1982present-562

Abbott#scheduled execution date-nameTx. #

[Deathpenalty] death penalty news----TEXAS, CONN., S.C., GA., FLA.

[Rick Halperin]

April 30



TEXAS:

Texas House offers a new way to determine whether a defendant has intellectual 
disabilities — and is ineligible for executionThe lower chamber gave 
initial approval to a bill creating a pretrial process to determine if a 
capital murder defendant is intellectually disabled — more than 15 years after 
the U.S. Supreme Court said executing such prisoners is cruel and unusual 
punishment.




For almost 2 decades, the state of Texas has struggled with a question: What’s 
the process for deciding whether a death penalty defendant has intellectual 
disabilities and is, therefore, ineligible for execution?


On Monday, the Texas House moved to come up with an answer — after the U.S. 
Supreme Court ruled in 2002 that executing people with such disabilities 
amounts to cruel and unusual punishment. House Bill 1139 would allow a capital 
murder defendant to request a pretrial hearing to determine if he or she is 
intellectually disabled. If a judge makes such a determination, the death 
penalty would be off the table. That defendant, if eventually convicted, would 
instead receive an automatic life sentence without the possibility of parole.


The measure was authored by state Sen. Senfronia Thompson, a Houston Democrat, 
but was championed by members of both major parties. It tentatively passed the 
lower chamber along a voice vote with no debate. The bill needs a final stamp 
of approval before it can head to the Senate.


"Often, the bills that we debate on this floor are about what we want to do," 
state Rep. Joe Moody, D-El Paso, one of the authors of the bill, told the 
chamber Monday. "This is about what we must do."


Since the 2002 ruling from the high court, states have come up with their own 
methods of defining whether a defendant has an intellectual disability. But the 
Texas Legislature never set a method — despite repeated pleas from the state’s 
highest criminal judges. That resulted in a patchwork system set by the courts 
to determine whether a person facing the death penalty should be spared from 
execution.


Eventually, the state’s top criminal appeals court established its own test for 
deciding intellectual disability for death row inmates — but the nation’s 
highest court struck it down in 2017 as unconstitutional in the case of Bobby 
Moore. The justices knocked Texas’ method for using decades-old medical 
standards and a set of nonclinical questions, including how well an inmate 
could lie, that advanced stereotypes. After a second attempt by the Texas Court 
of Criminal Appeals to comply with the Supreme Court ruling, the high court 
again slammed the method.


The bill approved by the House on Monday aims to take the life-or-death 
decision out of the hands of judges at the Court of Criminal Appeals — 
sometimes decades after a person has been sentenced to death — and instead set 
up a process to tackle it ahead of the murder trial.


Critics of the legislation have argued that it could add costs to death penalty 
trials by adding another hearing to an already lengthy trial process. 
Meanwhile, advocates for the bill argue that the state could save millions by 
reducing the number of appeals — a point Thompson made as she laid out the 
proposal during a committee hearing in March.


“When we have capital murder cases in this state, it costs Texas for each case 
about $2.5 million,” Thompson told the committee. “We’re not complaining about 
the cost for justice to be brought for the victims of crimes such as these. … 
What we’re merely saying is, if a person is going to raise the issue of 
intellectual disability, let’s do it at the beginning of the trial.”


Advocates for the bill point out that legislatures in most other death penalty 
states have created a uniform pretrial procedure guiding courts on how to 
determine whether a defendant is intellectually disabled. But in a 
Republican-controlled state with the busiest execution chamber in the nation by 
far, state lawmakers have generally been wary of any changes that appear to 
weaken the state’s tough death penalty laws.


If the governor signs the bill into law, it would take effect Sept. 1. The new 
law would then apply to trials that begin on or after that date.


(source: The Texas Tribune)

*

Harris County DA to seek death penalty on resentencing of convicted cop killer



The Harris County District Attorney is once again seeking the death penalty 
against a convicted cop killer who won a new punishment trial nearly three 
decades after the slaying of a Houston police officer.


Shelton Jones was originally sent to death row for the April 1991 murder of 
Officer Bruno D. Soboleski, but a federal district court overturned his 
sentence in light of bad jury instructions.


"We put police officers in harm's way to protect us from violence, and it is 
our duty to forever protect society from this killer," District Attorney Kim 
Ogg said in a statement Monday. "Sgt. 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., GA., FLA., ALA.

[Rick Halperin]

April 28



TEXASimpending execution

Dexter Darnell Johnson's execution is scheduled to occur at 6 pm CDT, on 
Thursday, May 2, 2019, at the Walls Unit of the Huntsville State Penitentiary 
in Huntsville, Texas. 30-old Dexter is convicted of the murder of 23-year-old 
Maria Aparece and 17-year-old Huy Ngo on June 18, 2006, in Houston, Texas. 
Dexter has spent the last 11 years of his life on Texas’ death row.


Dexter was born and raised in Texas. He dropped out of school following the 9th 
grade.


During the early morning hours of June 18, 2006, Dexter Johnson and 4 of his 
friends, Ashley Ervin, Louis Ervin, Keithron Fields, and Timothy Randle, were 
driving around in Ashley’s car, looking for someone to rob. The group 
discovered Maria Aparece and Huy Ngo siting in Maria’s vehicle on the street.


Johnson took a shot gun and stood outside the driver’s side door, threatening 
to shoot Maria if she did not cooperate. Johnson demanded she open the door, 
and when she did, he threw her into the back seat and sat in the driver’s seat. 
Fields, who was out side the passenger side door, threw Huy into the back seat 
with Maria, and sat in the front seat on the passenger side. Louis sat in the 
back. Ashley and Randle followed in Ashely’s car.


Johnson demanded money from Maria and Huy. Eventually, Johnson pulled over into 
a wooded area and forced Huy from the car. Johnson then raped Maria, while 
Fields forced Huy to listen and taunted him. Maria and Huy were then marched 
into the woods, by Johnson and Fields, where they were shot and killed.


Over the next several days, Johnson used Maria’s credit card several times.

On June 21, 2006, Johnson was arrested for possession of marijuana. He was 
quickly linked by police to the disappearance of Maria and Huy. Police were 
able to obtain security footage from a Wal-Mart, where Maria’s credit card was 
used after she went missing.


During his trial, testimony was presented that showed Johnson was the leader of 
a gang. Johnson is also believed to be connected to several other murders. 
Following his sentencing, Johnson threw a chair in courtroom, resulting in him 
being forcibly restrained and escorted out of the courtroom by several 
sheriff’s deputies.


Ashley Ervin is currently serving a prison sentence and is eligible for parole 
in 2046. Keithron Fields has been sentenced to life in prison, without the 
possibility of parole. Timothy Randle is currently serving a 25 years in 
prison. Louis Ervin was a juvenile at the time of the crime.


Please pray for peace and healing for the families of the Maria Aparece and Huy 
Ngo. Please pray for strength for the family of Dexter Johnson. Please pray 
that if Dexter is innocent, lacks the competency to be executed or should not 
be executed for any other reason, that evidence will be presented prior to his 
execution. Please pray that Dexter will come to find peace through personal 
relationship with the Lord, if he has not already.


(source: The Forgiveness Foundation of Christian Ministries)








CONNECTICUT:

Court to Hear Former Death Row Inmate's Appeal



The Connecticut Supreme Court is set to hear the appeal of former death row 
inmate Lazale Ashby, who says he was wrongly convicted of murder and sexual 
assault in the 2002 slaying of a single mother in Hartford.


Arguments are scheduled for Monday.

Ashby was convicted in 2008 in the rape and strangulation of Elizabeth Garcia 
inside her apartment as her 2-year-old daughter watched television in another 
room. He was sentenced to death, but the sentence was changed to life in prison 
after the state abolished capital punishment in 2015.


Ashby says he had consensual sex with Garcia the night of the killing and 
another man's DNA was found on her body. He says police did not adequately 
investigate and state officials failed to disclose evidence in his favor.


(source: Associted Press)








PENNSYLVANIA:

Court upholds Frein’s death sentence



Pennsylvania’s highest court upheld the death sentence and conviction on Friday 
of a sniper who killed a state trooper and wounded another in a nighttime 
ambush outside their barracks in a heavily wooded area.


The state Supreme Court’s decision upholds lower court decisions in the case of 
Eric Frein, who was convicted in the 2014 murder of Cpl. Bryon Dickson II 
outside the Blooming Grove barracks in northeastern Pennsylvania. Another 
trooper, Alex Douglass, was badly wounded.


In a 45-page opinion supported by 5 of the court’s 7 justices, Justice Debra 
Todd wrote that the evidence presented at trial was sufficient to support a 
1st-degree murder conviction and death penalty. The court also rejected several 
challenges by Frein’s lawyers, including one in which they contended that the 
trial judge violated Frein’s right to remain silent and right to a lawyer by 
allowing the jury to see his post-arrest videotaped interview with police.


After the ambush, Frein led authorities on a 

[Deathpenalty] death penalty news----TEXAS, CONN., N.C., MISS.

[Rick Halperin]

December 7



TEXASnew execution date

'I can't forgive till you're dead': Execution set for brain-damaged Texas man 
behind 4 killings




It was a warm summer night when Dexter Johnson killed Maria Aparece and Huy 
Ngo.


Along with 4 friends, the brain-damaged, schizophrenic 18-year-old had 
carjacked the young couple hours earlier, driving them around town to get money 
before eventually leading them out into the woods and shooting them both in the 
head - just one of the many brutal crimes prosecutors say Johnson pulled off 
during his monthlong spree of violence.


That was all 12 years ago. On Thursday, on a cool winter morning - over 
Johnson's angry protestations of his innocence - the now-30-year-old got a date 
with death.


With one appeal still pending in the courts, Judge Denise Collins signed off on 
a May 2 execution, while the victims' families - who'd filled the benches in 
the 208th District Court - sobbed and Johnson's family looked to the heavens.


"You changed all of our lives for the worse," said Jose Olivares, whose father 
Jose was killed in Johnson's string of violence. "I know they say you're 
supposed to forgive, but I can't forgive till you're dead."


Ngo's sister wept as she addressed the court, while one of Aparece's family 
members raised his voice, almost shouting as he promised no pity.


Afterward, Johnson - mumbling over the sobs behind him - apologized to the 
families, even while denying his own guilt.


"I do understand their hate, I do understand," he said. "But I never killed 
nobody."


The emotionally-charged court appearance drew prosecutors from earlier in the 
case, including attorney Brian Wice who served as an appointed pro tem earlier 
in the appeals process.


"This was my 1st experience as a special prosecutor," he said. "I'd handled 
over a dozen death penalty appeals and writs and until today I never really had 
a sense of what the families of the victims are going through and how they may 
never obtain closure for a loss that can only be described as unspeakable."


In the years since he was sent to death row, Johnson has fought his sentence 
with appeals based on bad lawyering, racial bias, intellectual disability and 
his long history of schizophrenia and psychotic breaks.


"Mr. Johnson has significant brain damage that is at the root of this tragedy, 
and that same damage has made him unable to help his defense throughout this 
process," defense attorney Pat McCann said last year. "He has an actual hole in 
his brain where functional brain matter ought to exist."


Thursday's court setting was significantly calmer than the trial that put him 
on death row more than 10 years ago. Then, two of his relatives collapsed in 
the hallway, while the mother of his child lay on the floor moaning and 
breathless after hearing the verdict. At one point he'd refused to come to his 
own court dates. Later, he hurled a chair across the courtroom.


"My son is no murderer," Renee Johnson told the Chronicle at the time. "He 
didn't have it in his blood."


But it took a Harris County jury only 2 hours to find him guilty of the 
carjacking, rape, robbery and murder. The night of the June 2006 crimes, 
Johnson and 4 accomplices came across the young couple sitting in Aparece's 
Toyota, where they were chatting outside Ngo's home. Johnson and 2 others 
threatened them with a pistol and a shotgun, according to testimony at trial.


Then, 3 of the attackers drove the young couple around Houston in Aparece's 
car, stealing her cash and credit cards and trying to get money from her bank 
accounts. Behind them, 2 other accomplices followed in their own car.


Eventually, the violent crew pulled over and, according to trial testimony, 
Johnson raped Aparece in the backseat. Her boyfriend was forced to listen to it 
all on his knees as the other attackers taunted him.


Then, Johnson shot Ngo in the head before slaughtering Aparece. At trial, 
Johnson's defense team argued that it was someone else who walked the couple 
into the woods and fired the fatal shot.


It took investigators 5 days to figure out what happened.

After a quick guilty verdict, jurors heard testimony about the monthlong crime 
spree before and after the double slaying. That May, prosecutors said, Johnson 
killed a 60-year-old man washing his barbecue pit at a local car wash.


A few weeks later - the day before the slayings that put him on death row - 
Johnson and a partner in crime robbed 2 men standing at a pay phone, killing 
one after he offered them only a roll of quarters, prosecutors said.


In the days that followed, Johnson and his confederates pulled off a string of 
other robberies,. Then, according to trial testimony, he was potentially 
involved in the murder of a man inside his car on Annunciation Street.


In his appeals since then, Johnson's attorney has focused on arguments alleging 
that his client lacked the brain functioning to be held to the same standard as 
adults. 

[Deathpenalty] death penalty news----TEXAS, CONN., S.C., LA., OHIO, TENN.

[Rick Halperin]

July 25



TEXAS:

San Antonio man's death penalty trial in 2nd week


A defense attorney for a 41-year-old San Antonio man facing the death penalty 
in the killings of 2 neighbors in 2016 attempted to discredit a detective and 
his investigation Monday as the trial entered its 2nd week.


Luis Antonio Arroyo was 39 when San Antonio police arrested him and accused him 
of capital murder-multiple persons in the deaths of Rodney Spring, 47, and 
Quickether Jackson, 36. Spring, who was shot, died at the scene, and Jackson, 
who was shot and stabbed, died later at a hospital.


Tandylyn Jackson, 59, Quickether's mother, was the lone survivor of the attack. 
When the trial opened last week, she testified that Arroyo, whom she called 
"Tony," kicked in the front door of her apartment in the 3800 block of Sherrill 
Brook Drive after she accused him of taking her cigarettes.


The woman told jurors after she was stabbed at her front door, she called 911 
and identified "Tony" as her assailant. She stayed on the line so that first 
responders could find her at her home.


Before recessing Thursday for a long weekend, the jury heard testimony from 
crime scene investigators, medical examiners, and SAPD Detective Robert 
Bunnell. He explained what jurors were viewing in the 2-hour video interview of 
Arroyo after his arrest, in which he denied knowledge of the fatal 
stabbing-shooting.


(source: San Antonio Express-News)






CONNECTICUT:

Court Rules Murderer's Death Sentence Not Wiped From Records Despite 
'Unconstitutional' Death Penalty



The Connecticut Supreme Court's 5-0 ruling on Monday in the case of convicted 
murderer Richard Roszkowski was mixed, with both the defense and prosecution 
winning small victories.


The Connecticut Supreme Court issued a mixed ruling Monday in the case of 
convicted murderer Richard Roszkowski, when it vacated his 3 murder 
convictions, which had been merged with his 2 felony convictions, violating the 
double jeopardy clause of the U.S. Constitution. The ruling does not change the 
fact that Roszkowski will remain behind bars for the rest of his life.


In addition, the court, by a 5-0 ruling, sided with the state in its ruling 
against the defense, who wanted Roszkowski's 2014 death sentence expunged from 
the records. Even though the death penalty was ruled unconstitutional the 
following year, the defense had argued that convicts sentenced to death have 
stricter rules in prison than other inmates.


Writing for the court, Justice Richard Palmer said those sentenced to death, as 
opposed to life without the possibility of parole, "are subject to conditions 
of confinement that are less favorable than those enjoyed by inmates who were 
never sentenced to death in the first place." For example, Palmer noted, before 
the death penalty was overturned, the state could have housed inmates sentenced 
to death in administrative segregation.


In ruling against Roszkowski's request to have his death sentence effectively 
ruled null and void, Palmer wrote the defense's argument was similar to that of 
Jesse Campbell III, who also challenged his prior death sentence. Among other 
things, Palmer said that, in the Campbell case, "a petition for a writ of 
habeas corpus represents a more appropriate vehicle for challenging an inmate's 
conditions of confinement. The defendant's [Roszkowski's] situation is not 
materially different from that of Campbell."


Roszkowski was represented by Adele Patterson, a senior assistant public 
defender. Patterson did not respond to a request for comment Tuesday and it's 
not clear why the defense pushed so hard for having the 3 murder convictions 
vacated, since the end result is still life in prison without parole. 
Roszkowski was convicted of 3 counts of murder, 2 counts of felony murder and 1 
count of criminal possession of a firearm.


According to a 2014 article in the Connecticut Law Tribune, Roszkowski was 
sentenced to death in 2014 for shooting to death 2 adults and a 9-year-old girl 
in Bridgeport in 2006. At the time, a state judge ruled that then-49-year-old 
Roszkowski should die by lethal injection. Roszkowski, the Connecticut Law 
Tribune said, was convicted in 2009 of murdering his ex girlfriend, Holly 
Flannery, her 9-year-old daughter, Kylie, and 38-year-old Thomas Gaudet. Police 
said Roszkowski believed the 2 adult victims were romantically involved.


The state was represented by Harry Weller, who is now the retired senior 
assistant state's attorney out of Rocky Hill; John Smriga, a state's attorney 
in Bridgeport; C. Robert Satti Jr., the supervisory assistant state's attorney 
in Bridgeport; and Margaret Kelley, the supervisory assistant state's attorney, 
of Bridgeport. Weller told the Connecticut Law Tribune Tuesday that the 
"opinion speaks for itself." Smriga and Satti declined to comment, and Kelley 
could not be reached for comment.


In addition to Palmer, those voting on the 9-page ruling included Chief 

[Deathpenalty] death penalty news----TEXAS, CONN., FLA., LA., TENN., NEB., UTAH, USA

[Rick Halperin]

July 24



TEXAS:

Houston judge jails no-show defense witness in 'honor killings' death penalty 
trial



A Houston judge on Monday ordered the arrest of a defense witness who did not 
appear as scheduled in the death penalty trial of a 60-year-old Jordanian 
immigrant accused of 2 "honor killings."


State District Judge Jan Krocker, who is presiding over the 5th week of the 
capital murder trial of Ali Mahwood-Awad Irsan, said the female witness would 
be arrested for not showing up to testify.


"I hope she shows up and is able to testify or she will have to spend the night 
in jail and testify tomorrow," Krocker said in court.


The death penalty trial of Ali Irsan, a Jordanian immigrant accused in a pair 
of "honor killings", began Monday.


The witness was expected to be the 1st to testify in Irsan's defense, but it 
was not immediately clear how she is connected to the case.


Last month, the woman appeared in court when the trial began and was sworn in 
as a witness. At that time, Krocker admonished her not to talk to anyone about 
the case and appear when summoned by defense attorneys Allen Tanner and Rudy 
Duarte.


On Monday, Tanner and Duarte said they told the woman she would have to be in 
court first thing in the morning.


Because she was absent, the defense team asked that Krocker have their own 
witness arrested. The proceedings delayed the 1st witnesses for about an hour.


As law enforcement and investigators for the defense worked to find the witness 
outside the court, the defense instead called several quick witnesses including 
police officers and friends of Irsan to testify that he had a good character.


The defense also indicated that Irsan may testify in his own defense.

Krocker, who telephoned law enforcement while sitting on the bench outside the 
presence of the jury, said she was issuing a writ of attachment, which enabled 
law enforcement to arrest and hold the missing female witness. A new state law 
was enacted during the last session of the Texas legislature after Harris 
County prosecutors jailed a mentally ill rape victim to ensure she testified 
against her attacker.


The judge also said she expected to appoint an attorney for the woman. Krocker 
said Irsan had a right to due process and he would not get that if he could not 
get the witnesses he asked for.


Irsan is accused of fatally shooting his daughter's husband, Coty Beavers, and 
her close female friend, Gelarah Bagherzedeh, in 2012 because they helped and 
encourage his daughter to convert to Christianity.


(source: Houston Chronicle)






CONNECTICUT:

Death sentence appeal rejected in triple murder case


The Connecticut Supreme Court has rejected the appeal by a man who was 
sentenced to death for killing 2 adults and a 9-year-old girl in Bridgeport in 
2006.


The 5-0 decision Monday dismisses arguments by Richard Roszkowski that his 2014 
death sentence be declared null and void. Roszkowski doesn't challenge the 
validity of his murder convictions, and much of the appeal was moot because the 
state Supreme Court ruled capital punishment unconstitutional in 2015.


Nearly all the state's 11 former death row inmates have been resentenced to 
life in prison, not including Roszkowski. He says erasing his death sentence 
would free him from stricter prison conditions imposed on former death row 
inmates.


Roszkowski killed his ex-girlfriend, 39-year-old Holly Flannery, her daughter, 
Kylie, and 38-year-old Thomas Gaudet.


(source: Associated Press)






FLORIDA:

Judge clears way for 4-year-old death penalty case against Michael Jones to 
proceed



A series of rulings Friday cleared the way for the death penalty case against 
accused murderer Michael Jones to proceed.


Jones, 35, is accused of fatally strangling his 26-year-old girlfriend, Diana 
Duve, in his townhouse west of Vero Beach. The Sebastian nurse's partially 
clothed body was found in the trunk of her car in a Melbourne parking lot in 
June 2014.


Prosecutors and defense attorneys sparred in court Wednesday over 10 motions 
Jones' attorneys - Stanley Glenn and Shane Manship, both with the Public 
Defender's Office - had filed in an attempt to avoid the death penalty in 
Jones' 1st-degree murder case.


In a written order Friday, Circuit Judge Cynthia Cox denied 9 of the motions, 
most of which are filed routinely in capital murder cases to make sure the 
matter can be raised on appeal, if necessary.


Duve's parents, Bill and Lena Andrews, were present Wednesday in Cox's Vero 
Beach courtroom.


"Go back to your cage," Duve's teary-eyed mother Lena Andrews called out to 
Jones as he was escorted by bailiffs out of the courtroom to return to the 
Indian River County Jail, where he is being held without bail.


The sole motion Cox did not address centered around the language to be allowed 
in describing the jury's role in the case's penalty phase.


Capital murder cases such as Jones' have separate trial and penalty phases.

For 

[Deathpenalty] death penalty news----TEXAS, CONN., FLA., OHIO, COLO., NEV., USA

[Rick Halperin]

June 21



TEXAS:

Prosecutors address shock belt use in response to Calvert's death row appeal



State prosecutors have filed a long-awaited response to convicted murderer 
James Calvert's appeal filed in October 2017.


The 286-page document filed with the Court of Criminal Appeals this week is the 
prosecution's detailed response to the 29 points of error listed in Calvert's 
original appeal. The document was written by Smith County District Attorney 
Matt Bingham, First Assistant April Sikes, and Michael West, assistant criminal 
district attorney.


Calvert was found guilty of capital murder in 2015 and sentenced to death for 
the brutal murder of his ex-wife, Jelena Sriraman, in Tyler, before abducting 
their 4-year-old child and fleeing to Louisiana on Halloween in 2012.


Calvert is seeking a new trial, and with this filing the decision on whether 
that happens rests with the Court of Appeals.


A main point of the appeal for both sides is the use of a 50,000-volt shock 
belt while Calvert was on trial in Smith County's 241st District Court. Calvert 
claims its use violated his right to due process, while prosecutors say it was 
used in accordance with guidelines and only when Calvert refused to obey 
deputies orders.


Prosecutors present details from the testimony of several people in the 
courtroom when the shock incidents occurred, and the disciplinary reasons the 
shock belt was used, including Calvert allegedly taunting deputies and refusing 
to obey orders.


Prosecutors also allude that Calvert intentionally put himself in a position to 
be shocked so that it could be used in his appeal.


"The record thus shows that Appellant, knowing he would be shocked for defying 
the orders of deputies, nonetheless refused to comply and apparently achieved 
the result he wanted - he was shocked," the document states.


Smith County is 1 of several in Texas who use electric shock devices to control 
defendants who are determined to be a security risk.


A footnote to the document explains that at the time the 2nd shock was 
administered, the "courtroom was literally filled with the firearms and 
hundreds of rounds of ammunition that had been seized from his vehicle and 
admitted into evidence." The list includes 2 AR-15 rifles, 2 pistols, an AK-47 
style rifle, and SKS-style rifle and 5 metal boxes of ammo.


(source: KLTV news)








CONNECTICUT:

Ex-death row inmate sentenced to life for murder



A former death row inmate was resentenced on Wednesday to life in prison for 
the 2002 slaying of a single mother.


Lazale Ashby, 33, had his sentence converted as a result of the state Supreme 
Court decision to end capital punishment.


Ashby, who was convicted in 2008, raped and strangled Elizabeth Garcia inside 
her Hartford apartment as her 2-year-old daughter watched television in another 
room.


The victim's daughter, who is now 17, spoke at the hearing and described the 
pain of never knowing her mother, the Hartford Courant reported .


"He should be deprived of his freedom and he must be reminded of the horrible 
things he's done," the teen said.


The teen's grandmother, Betsy Betterini, told the Hartford Superior Court judge 
that her daughter Elizabeth would have been proud to see the teen as the 
courageous, college-bound young woman she has become.


Ashby, who did not speak during the sentencing hearing, also is serving a 
25-year sentence for a fatal shooting that took place in 2003. An appeal of his 
conviction in the Garcia case is pending.


The state Supreme Court ruled the death penalty unconstitutional in 2015. 9 of 
the state's 11 former death row inmates have since been resentenced to life in 
prison.


(source: Associated Press)








FLORIDA:

Defense: preserve most evidence in Florida school shooting



Defense attorneys for Florida school shooting suspect Nikolas Cruz are asking a 
judge to order investigators to preserve most evidence in the case, except for 
the building where the Valentine???s Day massacre took place.


A hearing was set Thursday on motions seeking to preserve evidence including 
field notes made by law enforcement officials that may have some bearing on the 
case. The motions don???t object to the planned destruction of the crime scene 
building where 17 people died and 17 others were wounded in the attack in 
February.


Delayed until a July 16 hearing is another defense motion seeking to prevent 
public release of Cruz's statement to detectives after the shooting. The Cruz 
lawyers say it would jeopardize his fair trial rights.


19-year-old Cruz faces the death penalty if convicted.

(source: Associated Press)








OHIO:

Judy Malinowski case: Judge suggests parties consider plea deal in 
death-penalty trial




The Franklin County judge assigned to preside over the death-penalty trial of 
Michael W. Slager told prosecuting and defense attorneys Wednesday not to 
overlook the possiblity of reaching a plea agreement in the case.


The jury 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., GA., FLA., ALA., LA.

[Rick Halperin]

May 2



TEXASimpending execution

'My life still has value': San Antonio death row inmate begs for clemency 2 
weeks before execution




With just 2 weeks to go before his scheduled execution, lawyers for lovers' 
lane killer Juan Castillo filed another plea for clemency Tuesday, arguing that 
the San Antonio man wasn't the shooter and highlighting the "manifest 
unfairness" of his case.


The 37-year-old former cook and laborer, who was sent to death row for his role 
in a 2003 slaying in Bexar County, is slated to die by lethal injection May 16 
- his 4th execution date in the past year.


Now, Castillo's attorneys are asking the Texas Board of Pardons and Paroles for 
a commutation in light of claims that he was framed as the shooter based on 
false testimony.


"He's been wrongfully convicted," said clemency attorney Greg Zlotnick. "No 
physical evidence places him at the crime scene at all."


Instead, Castillo's conviction rested largely on witness accounts, a fact 
that's come up in court filings, the 1st clemency petition in April and a 
supplement to the petition filed on Tuesday. The clemency requests also point 
to claims of bad lawyering and a judge who "rubber-stamped" an appeal rejection 
without letting the defense weigh in first.


"Our system of justice cries out for clemency in Mr. Castillo's case," the 
173-page April petition notes.


The condemned man was originally convicted in 2005 of killing teenage rapper 
Tommy Garcia Jr. during a botched robbery.


Castillo's then-girlfriend lured the targeted man to a secluded spot with the 
promise of sex and drugs. But while the 2 were making out in his Camaro, 
Castillo and another man attacked, according to court filings. Wearing ski 
masks and carrying weapons, they dragged Garcia from the car - and Castillo 
shot him 7 times in the process.


Castillo was 1 of 4 people convicted in the crime, but the only one hit with a 
capital sentence. Now, defense counsel says he wasn't even there at the time of 
the slaying.


During the punishment phase, Castillo represented himself - a decision made 
after he was "stunned" by the guilty verdict, and disappointed in his trial 
lawyer's performance.


He was scheduled for execution last May, but the date was reset after 
prosecutors failed to give 90-day notice to the defense. In September, he was 
again scheduled to die, but the date was pushed back again, this time in light 
of the impacts of Hurricane Harvey.


Two months later, his next execution date was called off in light of claims of 
false testimony from a jailhouse snitch.


"I described what Juan Castillo supposedly told me about the capital murder," 
former Bexar County inmate Gerardo Gutierrez wrote in 2013, according to court 
records. "Juan Castillo never told me this information about this capital 
murder case. This testimony was untrue about Juan Castillo. I made up this 
testimony to try to help myself."


Because of the recanted testimony, the case was sent back to a trial court. 
There, prosecutors filed recommended findings - but a judge ruled on them one 
day later, before the defense got a chance to file its recommended findings. 
The whole process, Zlotnick said, makes a "mockery of fundamental fairness."


But once the judge decided that the bad testimony wouldn't have actually made a 
difference in the outcome of the case, Castillo was given the May execution 
date.


"Failure to grant clemency to Mr. Castillo may lead to the execution of an 
innocent man," the petition argues.


The Board of Pardons and Paroles is expected to decide on May 14. If they side 
with Castillo, the plea for clemency goes to the governor's desk for a final 
decision.


In addition to the pleas for a commuted sentence, Castillo's appeals attorneys 
with Texas Defender Services still have claims in front of the U.S. Supreme 
Court and the Texas Court of Criminal Appeals.


"I'm not the worst of the worst," Castillo argued in a hand-written letter 
attached to the petition. "My life still has value."


(source: Houston Chroniclec)








CONNECTICUT:

Death row inmate resentencing rescheduled



Resentencing for a Connecticut death row inmate convicted of raping and killing 
a 21-year-old woman has been postponed so the victim's daughter can be given 
the opportunity to attend the hearing.


The Hartford Courant reports that 33-year-old Lazale Ashby is 1 of several 
death row inmates whose sentences are being revised after the state Supreme 
Court ruled in 2015 the death penalty was unconstitutional.


Ashby was sentenced to death in 2008 after he was convicted in the killing of 
Elizabeth Garcia in Hartford.


Prosecutors asked the judge Monday to delay Ashby's resentencing so Garcia's 
daughter can attend if she chooses to.


Garcia's daughter, 17-year-old Jayleah, was 2 at the time of her mother's 
death.


Ashby returns to court May 21.

(source: Associated Press)








PENNSYLVANIA:

Death penalty sought against inmate in guard's 

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

[Rick Halperin]

April 19



TEXASimpending execution(s)

Death Watch: The Constitutionality of IntentWhat if the people you killed 
were not who you hoped to kill?


Erick Davila is scheduled to die on Wednesday, April 25. The 31-year-old from 
Fort Worth was convicted of capital murder for the 2008 deaths of 5-year-old 
Queshawn Stevenson and her grandmother Annette at a child's birthday party. 
Though the U.S. Supreme Court ruled against Davila last June, his lawyers 
Jonathan Landers and Seth Kretzer on Friday filed an appeal at the high court 
to stay the execution.


Like the first effort, this appeal challenges the Texas Court of Criminal 
Appeals' April 9 decision to deny Davila's most recent appeal in that court, 
which argued that, among other things, his appellate attorney David Richards 
provided ineffective counsel. In particular, Davila's current attorneys argue, 
Richards never mentioned Davila's assertion that on the day he shot the 
Stevensons, he was "dangerously intoxicated" and shot them unintentionally; 
Davila had entered the party and began shooting, but has maintained that he 
intended to shoot a single rival gang member. Richards also did not argue that 
should Davila's story be true, he wouldn't have been eligible for a capital 
murder conviction and therefore the death sentence. And the trial jury was 
never informed that Davila could only be sentenced to death if they believed he 
intended to kill multiple people. Seeing all this, Justice Clarence Thomas 
wrote in SCOTUS's first opinion that because a prisoner "does not have a 
constitutional right to counsel in state postconviction proceedings, 
ineffective assistance in those proceedings does not qualify as cause to excuse 
a procedural default."


Landers and Kretzer on Monday filed a successor petition with the 5th Circuit 
Court of Appeals seeking permission to file a 2nd appeal and motion to stay 
Davila's execution. Meanwhile, Davila's petition for clemency is pending. In 
February, Gov. Greg Abbott commuted Thomas Whitaker's death sentence 1 hour 
before his scheduled execution, but that was the 1st such commutation in Texas 
in over a decade, and the circumstances were rather unique. Kretzer told me 
Monday he's "hopeful," but he also acknowledged, "all I can do is make the 
legal arguments. Then I leave it to powers-that-be to resolve them. But we will 
fight for Mr. Davila and all his constitutional rights to the last hour of the 
last day."


Death Row Details

SCOTUS on Monday refused without comment to hear the case of Daniel Acker, 
convicted of murdering his girlfriend Marquetta George in 2000. That decision 
will likely bring a death warrant to Hopkins County. Next on the state's 
schedule is Juan Castillo, scheduled to die on May 16. The San Antonio man is 
on his 4th execution date. He had a May 2017 date withdrawn on a technicality 
associated with the filing of his death warrant; Hurricane Harvey caused the 
2nd to be rescheduled; and a December date was called off due to claims of 
false testimony.


(source: austinchronicle.com)








CONNECTICUT:

Death Row Inmate Jessie Campbell Resentenced To Life In Prison Without 
Possibility Of Release




Death row inmate Jessie Campbell III, guilty of killing his son's mother and 
her friend in Hartford during the summer of 2000, on Wednesday became the 
latest of the state's death row inmates to have their sentence revised to life 
in prison without the possibility of release.


Campbell, now 39, was 20 when he gunned down La-Taysha Logan, 20, and her 
friend Desiree Privette, 18, and shot Privette's aunt Carolyn, a witness to the 
deadly slaying in August 2000 outside a friend's home in Hartford.


Judge Edward J. Mullarkey sentenced Campbell to death in August 2007. After 
hearing an argument from Campbell's lawyers of a troubled past that plagued 
their client, Mullarkey handed down his ruling.


"Nothing justified the murder, but the cold-blooded execution is startling," 
Mullarkey said at the time. "The Privettes were shot "because they were there. 
The fact that Carolyn Privette feigned death is the true miracle. Now, even 
with her survival, she will live a life of pain. ... I don't know what causes 
this kind of conduct to wholly eliminate or attempt to eliminate 2 witnesses."


It was Mullarkey on Wednesday morning, now a senior judge, who sentenced 
Campbell to life in prison without the possibility of release in a hearing that 
lasted fewer than 10 minutes. Family of the victims were not in attendance and 
no statements were made on their behalf.


Campbell's sentence was revised Wednesday in light of a ruling by the state 
Supreme Court in 2015 that abolished the death penalty. All 11 inmates on death 
row are to be resentenced to life in prison without the possibility of release.


A jury convicted Campbell in 2004 of 2 counts of murder, 1 count of attempted 
murder, assault and criminal possession of a pistol or revolver. However, that 
jury was torn 

[Deathpenalty] death penalty news----TEXAS, CONN., VA., GA., FLA., ALA., OHIO, TENN.

[Rick Halperin]

Oct. 19



TEXAS:

Legislature must prioritize death penalty appellate counsel


The state of Texas's continued reliance on the death penalty as a method of 
punishment is one of the most divisive issues in state criminal justice policy. 
But this premise garners consensus: If we are to execute people, we must 
execute the right people, those who actually committed the crimes and who 
actually merit capital punishment under the laws of our state.


Unfortunately, Texas's inattention to a major hole in its provision of 
representation for those facing the death penalty is substantially undermining 
that protection. Under Texas and federal law, the primary vehicle for 
correction of error in a criminal case is the 1st direct appeal, taken 
immediately after a conviction. Following that direct appeal, all subsequent 
courts that hear challenges to a conviction will defer to many of the factual 
and legal findings made by that appellate court. Errors not raised or caught at 
that critical 1st appeal are in many instances forever forfeited. Indeed, Texas 
has recognized the significance of direct appeal in capital cases by providing 
that in only capital cases the state's highest criminal court, the Court of 
Criminal Appeals, handles direct review.


Yet Texas has failed to ensure that death row inmates receive adequate 
appellate counsel in death penalty cases. While the Office of Capital and 
Forensic Writs provides well-funded and well-supervised counsel in 
post-appellate habeas proceedings, appointment of appellate counsel happens 
through a patchwork of county-level policies with little quality oversight. 
Contrary to the American Bar Association's standards for fairness, Texas 
provides only one, not 2 appellate lawyers for death-sentenced defendants and 
has poor mechanisms in place to screen lawyers for their skill in litigating 
appeals prior to appointment. Compensation set by counties for appellate 
counsel is frequently grossly inadequate and creates pressure on appellate 
lawyers to take on unmanageable caseloads. The deficiencies are all the more 
glaring given the superior resources of the state in most capital appeals, 
which are typically handled by large county district attorney offices with 
specialized appellate units and multiple lawyers assisting in briefing.


Such were the conclusions of a statewide taskforce of attorneys, legal scholars 
and former judges, which I chaired from 2011 to 2013. Our report's findings 
were powerfully amplified in a recent report issued by the Texas Defender 
Service, which detailed findings from analysis of direct appeals in capital 
cases from 2009 to 2015. That report found that the majority of death penalty 
appeals are handled by solo practitioners; that those lawyers often face vastly 
superior litigation resources from the state; that appellate defenders are 
commonly overburdened with caseloads that greatly exceed the norms in other 
death penalty states; and that the lawyers routinely render substandard 
performance by filing boilerplate briefs, waiving opportunities to submit reply 
briefs and failing to seek review before the Supreme Court. Critically, in the 
time period studied, only 3 defendants had their death sentences reversed on 
appeal; all were represented by 2 lawyers.


These issues should be given priority attention in the upcoming legislative 
session. A statewide appellate defender office, comparable to the Office of 
Capital and Forensic Writs, would be a substantial improvement on the patchwork 
of appointment, oversight and compensation that currently characterizes capital 
appellate defense in Texas. Death-sentenced defendants should, as the American 
Bar Association recommends, enjoy the assistance of two lawyers in their 
appeals. At a minimum, the Legislature must shore up oversight of appointment 
and compensation standards that are currently fragmented and inadequate.


More than 150 years ago, Texas was in the vanguard in creating a right to trial 
counsel for defendants facing the death penalty, over half a century before the 
Supreme Court required it. But Texas has not kept up its commitment to fairness 
and accuracy in capital cases. Removing structural impediments to accurate 
determinations of who should live or die is a moral imperative. It is well 
within the capacity of the Texas Legislature to respond to that challenge.


(source: Opinion; Jennifer Laurin is a professor at the University of Texas 
School of Law. She was the chair of the American Bar Association Texas Capital 
Punishment Team that produced the 2013 report "Evaluating Fairness and Accuracy 
in State Death Penalty Systems: The Texas Capital Punishment Assessment 
Report."Austin American-Statesman)







CONNECTICUT:

High Court Hears Death Penalty Arguments


Connecticut's repeal of the death penalty for future murders last year violates 
the constitutional rights of the 11 men on the state's death row who still face 
execution, a public 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., N.C., ALA., MISS.

[Rick Halperin]

Aug. 26





TEXAS:

Trial date set in Scott's case in death of parents


A trial date has been set for Stephen Scott, a Dallas man facing a felony 
charge of capital murder of multiple persons in connection with the death of 
his parents earlier this year.


The trial, which will begin Dec. 5 and heard by a jury, was set Thursday during 
Scott's latest court proceeding. His court-appointed attorney, Lee Ann 
Breading, said Scott was present in the holdover facility for Thursday's court 
appearance.


The proceeding was held in 362nd District Court with Judge Bruce McFarling 
presiding.


A grand jury indicted Scott, 40, in connection with the murder of his parents, 
Marion Scott, 75, and Linda Scott, 70, on Jan. 21. Scott allegedly stabbed the 
couple in their home Jan. 10, according to an arrest affidavit. Scott 
reportedly called 911 and confessed to the fatal stabbings to an emergency 
dispatcher, police have said.


Denton police arrested Scott the same day and charged him with capital murder. 
He remains in Denton County Jail with his bail set at $250,000, according to 
jail records.


In the time Scott has been behind bars, he's been hospitalized for what's 
believed to have been a self-inflicted head wound. Breading said earlier this 
year she would evaluate Scott to determine if his injury impacted his ability 
to work with the defense. That is yet to be determined.


"All those issues are still pending," Breading said earlier this week.

If convicted, Scott could face the death penalty or life in prison with no 
possibility for parole.


Whether prosecutors will seek the death penalty has also yet to be determined, 
according to Jamie Beck, first assistant district attorney.


"We have not filed any kind of formal notice that we are, and that's something 
that must happen before we can," she said.


(source: Denton Record-Chronicle)

**

Change of venue denied in capital murder case


A district judge has temporarily denied a request to move the capital murder 
trial of a former Texas correctional officer accused of killing his infant son 
and the boy's grandmother in Walker County more than 3 years ago.


Judge Don Kraemer ruled against a change-of-venue motion filed by defense 
attorneys for Howard Wayne Lewis during a hearing Wednesday afternoon in the 
12th Judicial District courtroom at the Walker County Courthouse. Kraemer said 
he would keep the motion in consideration if anything develops between now and 
Lewis' trial that could jeopardize his right to a fair and impartial trial.


A trial date has not been set at this time as the court awaits the results of 
additional DNA testing that was requested by Brian Lacour with the Texas 
Regional Public Defender for Capital Cases office, who is representing Lewis. 
Kraemer said Wednesday it will likely be next year before the death-penalty 
case goes before a jury.


"It will be after January before we get (the DNA testing results)," Kraemer 
said. "My hopes to try this in January has been thrown out the window."


Lewis was indicted by a grand jury in November 2014 on a charge of capital 
murder of a child under 10 after DNA evidence allegedly linked him to the July 
24, 2013, slaying of his son, 18-month-old Aiyden Benjamin Lewis. Investigators 
believe the murders were a result of an ongoing custody dispute between Lewis 
and the baby's mother, Tiffany Crawford.


Crawford's husband found the bodies of his wife and grandson at their home on 
M. Williams Road, about 6 miles west of Huntsville off Highway 30. Autopsies 
revealed Aiyden died of asphyxiation and his grandmother, 55-year-old Shanta 
Crawford, was violently beaten to death with a blunt object.


Local defense attorneys Frank Blazek and Paxton Adams testified Wednesday for 
the defense. They said they did not believe Lewis could get a fair trial in 
Walker County because of the nature of the crimes.


"... Inevitably, sympathy will be for the child and grandmother and not your 
client," Blazek told Lacour. "... (A Walker County jury) wouldn't have any 
problem choosing death in this case."


Blazek also testified to the extent of the media coverage. Lacour introduced 
into evidence Wednesday 15 reprinted copies of The Huntsville Item, dating from 
July 26, 2013 to Nov. 11, 2014, which contained stories about the case.


"In general, the defense never benefits from media coverage," Blazek said.

Adams testified that Shanta Crawford was well-liked in the community, 
especially among Texas Department of Criminal Justice employees she worked 
with. He said the few people who have asked him about the case, assuming he 
knew a lot about it because he is a defense attorney, had come to the 
"conclusion" that Lewis was guilty of the murders.


Blazek said that Walker County had "good people" and they have "picked good 
juries" during his time practicing law here, but again, he believed the 
circumstances involving the case made it different than others.


"In my 

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

[Rick Halperin]

July 18



TEXASimpending execution

In Texas death row case, punishment does not fit crime


Jeff Wood has an appointment he hopes to miss.

On Aug. 24, 2016, at about 6 p.m., the Texas Department of Criminal Justice 
plans to inject a lethal dose of pentobarbital into Jeff???s veins to stop his 
heart as punishment for the 1996 murder of Kris Keeran.


What makes this execution controversial is that everyone, including law 
enforcement and the prosecution, agrees that Wood, the driver of the getaway 
car, did not kill Kris Keeran inside a Kerrville convenient store on the 
morning of January 2, 1996. In fact, Daniel Reneau, the actual and sole killer 
of Keeran, was executed for his crime on June 13, 2002.


Wood was convicted and sentenced to die under Texas' arcane felony-murder law, 
more commonly known as the "the law of parties" - for his role as an accomplice 
to a killing, which he had no reason to anticipate. Under the law of parties, 
those who conspire to commit a felony, like a robbery, can be held responsible 
for a subsequent crime, like murder, if it "should have been anticipated." The 
law does not require a finding that the person intended to kill. It only 
requires that the defendant, charged under the law of parties, was a major 
participant in the underlying felony and exhibited a reckless indifference to 
human life. In other words, neglecting to anticipate another actor's commission 
of murder in the course of a felony is all that is required to make a Texas 
defendant death-eligible.


Texas is not the only state that holds co-conspirators responsible for one 
another's criminal acts. However, it is one of few states that applies the 
death sentence to them. There have been only 10 people in the U.S. executed 
under the law of parties - and 5 of those 10 executions were in Texas. The last 
such execution was in 2009, where the Texas Board of Pardons and Paroles (BPP) 
recommended, with a 5-2 vote, that Robert Thompson's death sentence be commuted 
to life. Rick Perry rejected that vote and allowed the execution to proceed. 
Thompson was executed, even though it was his co-defendant, Sammy Butler, who 
actually killed the victim. Butler was given a life sentence.


When the convenient store robbery took place, Wood was sitting in a car 
outside, under the impression that Reneau was going into the store to get "road 
drinks and munchies." Although it is true that Wood and Reneau had talked about 
robbing the store at the behest of the manager, Wood had backed out of the 
idea. Wood had no idea Reneau was carrying a gun and was going to attempt to 
rob the store. Wood also claims he was forced to drive Reneau away from the 
crime scene at gunpoint. Wood's actions before the murder, namely sitting in a 
car unarmed and unaware that another person was going to commit a robbery, does 
not constitute reckless indifference to human life.


Even many supporters of capital punishment agree that the Texas law of parties 
is wholly unfair. In 2009, the Texas Moratorium Network and Wood's family led 
an advocacy campaign to end the death penalty for people convicted under the 
law of parties. The Republican-controlled Texas House overwhelmingly voted in 
favor of the bill. Unfortunately, the bill died in the Senate after Gov. Perry 
threatened to veto it. Last year, the House Committee on Criminal Jurisprudence 
voted again in favor of a bill to exclude the death penalty as punishment in 
law of parties cases. However, the session ended without an opportunity for a 
floor vote.


The Texas Board of Pardons and Paroles should recommend that the governor 
commute Wood's death sentence to life in prison or a lesser term consistent 
with Wood's level of participation in the crime. They have made that 
recommendation in similar cases, including those of Kenneth Foster in 2007 and 
Robert Thompson in 2009.


Wood might deserve punishment for driving away from the crime scene, but he 
does not deserve to die. He has never taken a human life with his own hands.


(source: Opinion; Hooman Hedayati is an attorney and a member of the Texas 
Moratorium Network Board of DirectorsAustin American-Statesman)







CONNECTICUT:

Connecticut Court Reaffirms Ruling Abolishing Death Penalty


The Connecticut Supreme Court has upheld its decision to abolish the state's 
death penalty, including for the 11 inmates on Connecticut's death row.


The Connecticut Supreme Court has reaffirmed its decision that Connecticut's 
abolition of the death penalty must also apply to those already convicted of a 
capital felony.


Monday's ruling comes in the case of Daniel Webb, who was sentenced to death 
for the 1989 murder of Diane Gellenbeck. The 37-year-old bank vice president 
was killed in a Hartford park after being abducted from a downtown parking 
garage.


The court last August found the 2012 state law that banned executions for 
future crimes did not go far enough, ruling the death penalty was 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN. FLA., ALA., LA.

[Rick Halperin]

June 23



TEXAS:

Death Watch: New Rodney Reed FilingDeath row inmate's lawyers seek retrial


Attorneys for death row inmate Rodney Reed have filed a supplement to the Feb. 
2015 brief seeking a retrial on his death penalty case, arguing that new 
evidence has come their way that further indicates that Reed is not responsible 
for the April 1996 murder of Stacey Stites.


The brief, filed June 7 to the Court of Criminal Appeals and Reed's trial court 
in Bastrop, points to a conflicting detail in the timeline of former Giddings 
Police Officer Jimmy Fennell, Stites' fiance and the man Reed defenders believe 
is actually responsible for killing Stites. Since Fennell first gave his 
official statement to police 2 days after Stites' body was found, the 
understanding was that he spent the night of April 22 at home with his fiancee 
- beginning at 8pm or 8:30 - and that he slept through her early morning 
departure for work at H-E-B. (Fennell testified in court to this chronology, as 
well.) But according to a recent interview with Curtis L. Davis - a Bastrop 
County Sheriff's deputy who at the time was one of Fennell's best friends - 
Fennell told Davis that he spent the night of April 22 drinking beer with 
fellow police officers by his truck after Little League baseball practice. 
Davis said Fennell told him the next morning that he didn't return home to 
Stites until 10 or 11 o'clock that night.


Reed's lead counsel, Innocence Project attorney Bryce Benjet, explained in the 
19-page brief that Davis revealed this conflicting detail during an April 
interview with CNN. The network is currently producing a special for its show 
Death Row Stories about Reed's case and the efforts to save his life. (Indeed, 
the Chronicle was in Living???ston, where death row inmates are housed, when 
CNN's crew interviewed Reed.) Benjet wrote that he had not been aware of the 
interview until one of CNN's producers asked Benjet to comment "about certain 
statements made by Officer Davis." He said that a producer of the show allowed 
him and an assistant to view "portions of the interview with Officer Davis and 
to briefly review a transcript of the entire interview." CNN declined to 
release a copy of the interview or the transcript for use with the filing. 
Benjet expects the "relevant portions" of the recording to be part of the 
special when it airs. A representative for CNN told the Chronicle that there is 
currently no airdate for the episode.


Benjet argues that Fennell's conflicting chronologies concerning how he spent 
the evening before Stites' murder further represents evidence of Fennell's 
consciousness of guilt, and that the notion of his drinking well into the night 
on April 22 would put him out of his and Stites' apartment at a time that 3 
forensic pathologists have concluded was the actual time that Stites was 
killed. The state's theory holds that Stites was abducted by Reed and killed on 
her way to work on April 23, around 3am. Reed's Feb. 2015 petition for a 
retrial was rooted in the scientific conclusion that Stites actually died 
before midnight, on April 22, and that her body was moved from one location to 
another after she had been killed. The 2015 filing also notes that Davis 
accompanied Fennell through much of what the state accepts to be his discovery 
process of his red pickup truck after the murder, and notes how Davis signed 
out of a 12-hour work shift on April 22 after only 1 hour because of what he 
described as a "broken tooth." Davis then spent the next 3 days away from work 
on leave for a "personal death." The filing further notes how there is no 
documentation of any attempt by the police to interview Davis or otherwise 
establish whether he could have driven Jimmy Fennell home after dispensing of 
Stites and the truck.


The idea that Fennell was providing conflicting statements in the aftermath of 
Stites' murder aligns with six other instances listed by Benjet in the initial 
2015 application for a rehearing. Benjet also implies that Fennell provided 
false testimony during trial, and that the state's failure to provide this 
information on trial constitutes a violation of due process under Brady v. 
Maryland. (Fennell is currently serving a 10-year prison sentence that began in 
2008 after he accepted a plea deal on charges that he raped a woman while on 
duty as a police officer in nearby Georgetown.)


"In this case, the State failed to disclose Fennell's inconsistent statement as 
to his whereabouts on the night of April 22, 1996," Benjet wrote. "Even though 
the trial prosecutors may not have been aware of what Officer Davis learned 
from Fennell, Officer Davis was a Bastrop County Sheriff's Officer. And the 
[BCSO] was the lead agency investigating Stacey's murder. Accordingly, Officer 
Davis' knowledge of what Fennell told him is imputed to the State."


Reed most recently faced an execution date of March 5, 2015, but saw his 
execution stayed 2 weeks 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., N.C., GA., ALA.

[Rick Halperin]

June 18



TEXAS:

Roberson Execution StayedCourt of Criminal Appeals sends case back to 
Anderson County



The Texas Court of Criminal Appeals issued a stay on the execution of Robert 
Roberson Thursday, sending the case back to the Anderson County court where 
Roberson was initially tried. The 49-year-old was sentenced to death for the 
2002 murder of his 2-year-old daughter Nikki Curtis.


Roberson, who is from Palestine, Texas, argued to the state's highest criminal 
court on a last ditch effort before his pending June 21 execution that the 
evidence used to convict him for his daughter's death was rooted in junk 
science. The state argued at his trial in 2003 that Nikki died after Roberson 
shook her - hard enough, prosecutors said, that she slipped into a coma. A jury 
agreed that Roberson, high on drugs the night that Nikki died, returned her to 
bed after he shook her, and left her there for hours, until she was unable to 
be saved.


Roberson always contested those claims. Since the questioning after his arrest, 
he has maintained that his daughter fell out of her bed. It wasn't until 2014, 
when a Houston case exposed new forensic theories on the phenomenon known as 
"Shaken Baby Syndrome," that Roberson was able to shift the nature of the 
effort to save his life from one dependent on his mental state to one centered 
on the actual facts of his case. A June 8 application for relief filed to the 
CCA by Office of Capital Writs attorney Gretchen Sween argued that Roberson 
should be granted a new trial due to the "prior medical understanding" that "a 
specific set of symptoms" - retinal hemorrhaging, subdural 
hematoma/hemorrhaging, and brain swelling - "could be viewed together as 
categorical proof of SBS/AHT," and because that flawed science resulted in a 
violation of Roberson's civil rights to due process.


In an order issued late on Thursday afternoon, the CCA agreed with Roberson's 
argument, offering little more than that the justices "find that his claims 
satisfy the requirements" of Article 11.071 of the Texas Code of Criminal 
Procedure - that the state relied on false, misleading, and scientifically 
invalid testimony. The CCA remanded Roberson's case to the trial court, taking 
his execution off the docket. The state now has 120 days to file an answer to 
Roberson's claims to the CCA.


Roberson's stay may not be the biggest news to come out of the CCA this week, 
however. Also on Thursday, in a concurring and dissenting opinion issued in the 
case of Julius Jerome Murphy, who was convicted in 1998 of killing stranded 
motorist Jason Erie in Texarkana, Justice Elsa Alcala argued that the remand 
hearing issued to Murphy should include not just claims that the state withheld 
evidence that could have spared Murphy, but that the court should consider 
altogether "whether the death penalty remains a constitutionally acceptable 
form of punishment under the current Texas scheme."


The 17-page opinion challenges the tenets of the death penalty on a wide 
variety of issues. Alcala questions the validity of allowing states to 
determine health standards for whether someone is too mentally ill to die, 
lists the vast number of (sometimes arbitrary) possibilities that could elevate 
a murder charge to capital murder (thus bringing the death penalty into play), 
the role race typically plays in determining death sentences, and the flaws 
present in considering whether a convicted Texan could be considered a future 
threat to society. She notes Murphy's claims that "the death-penalty scheme is 
plagued by excessive delays and that this has resulted in cruel and unusual 
punishment, partly because, throughout this delay, [Murphy] has been held in 
solitary confinement."


The opinion is notable for its contents as much as it is for its source. The 
CCA's reputation is that of a conservative court, long fundamentally unopposed 
to the death penalty as a practice. And while Alcala's opinion represents one 
solitary voice on a panel of 9 justices, it establishes a modicum of concern 
for whether the death penalty is truly moral.


"I do not decide the ultimate merits of applicant's arguments that the death 
penalty is unconstitutional, though it should be evident from my numerous 
opinions on this subject that, in my view, the Texas scheme has some serious 
deficiencies that have, in the past, caused me great concern about this form of 
punishment as it exists in Texas today," Alcala wrote. "Rather than refuse to 
afford applicant the opportunity to factually develop his complaints as this 
Court does today, I would instead permit applicant to make an evidentiary 
record of his assertions and to have the habeas court make findings of fact and 
conclusions of law."


(source: Austin Chronicle)






CONNECTICUT:

Waterbury Cop Killer Richard Reynolds Resentenced After Death Penalty 
Abolishment  He will now face a new sentence by order of the Connecticut 
Supreme Court.



The 

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

[Rick Halperin]

June 16



TEXASimpending execution

Death Watch: Shaken ScienceAppeal rests on new research into Shaken Baby 
Syndrome



To have his federal habeas attorneys tell it, Robert Roberson is "dim-witted" 
and "mentally ill." The 49-year-old, sentenced to death in 2003 for the 2002 
death of his 2-year-old daughter Nikki Curtis, was a "drug abusing petty 
criminal with a long family history of serious mental health issues," attorneys 
James Volberding and John Wright have said. But did that make him a ruthless 
killer? No, Volberding and Wright argued in a Sept. 2010 application for habeas 
relief made to the U.S. District Court of the Eastern District of Texas. Their 
client "probably did contribute" to the death of his daughter: "Just not 
knowingly or intentionally. Roberson is not the worst of the worst. Not even 
close." The 2 attorneys suggested a modified conviction of manslaughter, and a 
sentence of 20 years.


Much of the old argument hinged on the manner in which Nikki is believed to 
have died, and the way Anderson County District Attorney Doug Lowe manipulated 
the trial process to elevate the jury's belief in the ruthlessness of the 
crime. According to Roberson, Nikki died during a night when he was left alone 
with her and was high on drugs. Prosecutors said he shook her, hard, when he 
was angry with her - hard enough that she slipped into a coma. When that 
happened, they said, he put her in bed, and left her there for hours. Nikki was 
only taken to a hospital after being checked on 5 hours later, at which point 
it was discovered she was not breathing.


Roberson has maintained his innocence since the day he was arrested, saying 
that Nikki died after landing on her head during a fall from her bed. Medical 
professionals who testified at his trial quickly dismissed his claims as 
unlikely.


An examination of Nikki's body by a nurse upon her arrival at the Palestine 
Regional Medical Center revealed a "superficial tear to Nikki's anal cavity" 
and a rate of dilation to the anal canal that was considered faster than usual, 
suggesting what Roberson's attorneys described as "theoretical sexual 
penetration." Dallas pediatrician Dr. Janet Squires found no evidence of any 
sexual abuse, however - no deformities to her anal cavity, bruises, or markings 
on her vagina. Squires testified at trial that she found no semen or traces of 
sexually transmitted bacteria. She noted that the anal cavity usually dilates 
in the comatose state due to the nervous system shutting down.


The notion that Roberson sexually abused his daughter that night ultimately 
became irrelevant during trial. Lowe ultimately even attempted to have that 
charge dismissed. (Capital murder indictments can be secured in cases in which 
a murder occurs during a felony, is premeditated, or involves a victim who is 
younger than 6, making Roberson a candidate under 2 circumstances.) In appeals, 
Volberding and Wright argued that the notion of sexual abuse was only important 
to Lowe at the beginning of the trial: By securing an indictment of sexual 
assault from the grand jury, Lowe would have an easier time turning the jury 
against Roberson, thus making a death sentence - a more appropriate penalty, he 
considered, for the high-profile death of a small girl in a small town - a more 
likely outcome. Roberson's trial attorneys John Vanmeter and Steve Evans used a 
strategy that pointed to Roberson's longstanding mental illness, though they 
never actually argued that their client was insane, which would have raised 
questions of cruel and unusual punishment.


Since a final judgment was rendered in federal court in Sept. 2014, Roberson's 
effort has shifted away from the mental illness angle and instead toward the 
argument that "Shaken Baby Syndrome" (aka "Abusive Head Trauma") is a 
phenomenon rooted in junk science. Much of that shift has been Roberson's 
doing. In 2014, after learning of a Houston case involving a newfound 
understanding of SBS, Roberson wrote a letter to the 5th Circuit Court of 
Appeals asking that he be granted new counsel. That request eventually led to 
the Texas Defender Service taking his case to the U.S. Supreme Court, where it 
ultimately failed.


On June 8, 2 weeks before his pending execution, Gretchen Sween, an attorney 
with the Office of Capital Writs, filed 2 applications for relief (1 in 
Roberson's trial court and another with the Court of Criminal Appeals) as well 
as a motion with the trial court for a stay of execution. In each application, 
Sween argues that new forensic science could rebuke previous theorems of SBS, 
and corroborate Roberson's claims that Nikki - who had a temperature of 104.5 
degrees only 2 days before her death - did fall from her bed. Among the claims, 
Sween has argued that Nikki's lack of any serious neck injuries indicates that 
she was not in fact shaken, and that the science surrounding SBS has evolved 
enough to change the course of Roberson's 

[Deathpenalty] death penalty news----TEXAS, CONN., N.C., ARK., USA

[Rick Halperin]

June 10



TEXAS:

Coryell County district attorney to seek death penalty in child's death


A Gatesville man with a disturbing history of arrests for sexually abusing 
children was indicted June 1 by a Coryell County grand jury on a charge of 
capital murder in the death of a 2-year old boy in January.


Chet Shelton, 17, was arrested and booked into the Coryell County Jail. Coryell 
County District Attorney Dusty Boyd confirmed his office would seek the death 
penalty in any upcoming trial.


On the date of the incident, Shelton was tasked with baby-sitting Gatesville 
toddler Makai Brooks Lamar for most of the day while the child's mother worked 
a double shift at a local restaurant, according to an arrest affidavit.


The affidavit also said the child's mother came home during a break from work 
and the child was fine at that time. After the mother returned to work, Shelton 
said he found the boy not breathing and took the child to a neighbor's home 
where a Coryell County sheriff's deputy lived.


According to the affidavit, the child died a few hours later at Coryell 
Memorial Hospital in Gatesville.


Police immediately began treating the 34th Street home in Gatesville as a crime 
scene, beginning in the child's bedroom, where they found bloody bedding and 
pillows.


In the arrest affidavit, police highlight several inconsistencies with 
Shelton's story regarding the events in the hours before the child's death, one 
of which was that Lamar always slept clothed and in a diaper.


According to the affidavit, "when Shelton took the infant child to the 
neighbor's house for medical assistance, the infant was wearing no clothing, 
not even a diaper."


Serious injuries were confirmed during an autopsy conducted in Dallas. The 
preliminary cause of death was labeled as blunt force trauma, as the child has 
numerous injuries to his head and internal organs.


The affidavit also said the child had been sodomized, causing "severe, distinct 
trauma" to the child.


Shelton's criminal history includes 3 counts of aggravated sexual assault of a 
child in May 2007, 3 counts of aggravated sexual assault of a child in December 
2007, 2 counts of assault causing serious bodily injury in October 2010 and 4 
counts of indecency with a child by sexual contact in May 2007.


According to Boyd, in exchange for his guilty plea in the earlier cases, many 
of the most serious charges against Shelton were downgraded to injury to a 
child, which does not carry a sex offender registration requirement. It was not 
clear in which jurisdiction Shelton's previous convictions were filed.


Online jail records show Shelton remains in the Coryell County Jail on several 
bonds totaling more than $500,000.


Boyd said Shelton's case is Coryell County's only death penalty case.

It appears to me that a failure of the judicial system allowed Shelton to skirt 
the sex offender registration requirement, and avoid lengthy prison terms for 
the most serious of his previous crimes. That failure also allowed Shelton to 
be free to reoffend at the level of this charge.


Shelton gets his day in court. He will have the opportunity to mount a defense 
to the charges. Shelton also will be faced by his accusers.


If found guilty, Shelton deserves the punishment he receives, be it the death 
penalty or life in prison without the possibility of parole. His tiny victim 
has no life at all.


(source: John Werff, Cove Herald)





***

Double shooting charge upgraded to capital murder


Charges for a suspect in a double shooting were upgraded to capital murder 
Thursday after prosecutors said his 2nd victim died in the hospital.


Darrell P. Mitchell, 28, is accused of gunning down his ex-girlfriend and her 
boyfriend earlier this week at the woman's apartment in northeast Houston.


Lakiesha Lewis, 23, died at the scene and 24-year-old Johnel Francis died late 
Tuesday after being taken to the hospital.


In an orange jail uniform, Mitchell made his initial court appearance Thursday 
in front of state District Judge Ryan Patrick who ruled that the suspect would 
be held without bail, a common condition in capital cases. He had been charged 
with murder.


Court records show that Mitchell said he knocked on the door at his 
ex-gilrfriend's home at 6603 Hirsch about 3 a.m.


When her boyfriend answered, Mitchell said "his mind went blank and he shot and 
killed them," according to the documents.


Mitchell surrendered to police Tuesday night after investigators released 
information about the shooting.


In court, prosecutor Keri Fuller said a woman who was Lewis' best friend and 
knows Mitchell as Lewis' ex-boyfriend told police that Mitchell told her she 
would have to raise his children because he had killed Lewis and her new 
boyfriend.


Police have said Mitchell and Lewis had an on-again-off-again relationship and 
had recently broken up. Lewis was the mother of his 3 children, ages 5, 3, and 
1. The children were not at the 

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

[Rick Halperin]

June 2



TEXAS:

Coryell will seek death penalty in child's death


A Gatesville man with a history of arrests for sexually abusing children was 
indicted on a capital murder charge Wednesday in the January death of a 
2-year-old boy.


Chet Shelton, 27, of Gatesville, was arrested and booked into the Coryell 
County Jail. Coryell County District Attorney Dusty Boyd confirmed his office 
will be seeking the death penalty in any upcoming trial.


According to an arrest affidavit, Shelton was tasked with babysitting the 
Gatesville toddler, Makai Brooks Lamar, for most of the day while the boy's 
mother worked a double shift at a local restaurant.


The child's mother came home for a break from work and reported the child was 
fine at that time, the affidavit said. While the mother was back at work, 
Shelton said he found the child not breathing and took the child to a 
neighbor's home where a Coryell County deputy sheriff lived, according to the 
affidavit. The child died a few hours later at Coryell Memorial Hospital.


Police almost immediately began treating the 34th Street home in Gatesville as 
a crime scene and began investigating the child's bedroom where they found 
bloody bedding and pillows.


In the arrest affidavit, police highlight several inconsistencies with 
Shelton's story regarding what happened in the hours before Lamar's death, 
saying the child's mother ensured police Lamar always slept clothed and in a 
diaper.


"When Shelton took the infant child to the neighbor's house for medical 
assistance, the infant was wearing no clothing, not even a diaper," the 
affidavit said.


Perhaps most troubling are the injuries to Lamar confirmed by an autopsy in 
Dallas. The preliminary cause of death was labeled as blunt force trauma as the 
child had numerous injuries to his head and internal organs.


The affidavit said the child had also been sodomized, causing "severe, distinct 
trauma" to the child.


Shelton's criminal history includes 3 counts of aggravated sexual assault of a 
child in May 2007, 3 counts of aggravated sexual assault of a child in December 
2007, 2 counts of aggravated assault causing serious bodily injury in October 
2010 and 4 counts of indecency with a child by sexual contact in May 2007. 
However, in exchange for his plea of guilty, many of Shelton's most serious 
sexual charges against children were eventually downgraded to injury to a 
child, which does not carry a sex offender registration requirement, according 
to Boyd.


Shelton is currently in the Coryell County Jail where he awaits his trial on at 
least $500,000 in bonds.


According to Boyd, Shelton's case is Coryell County's only death penatly case.

(source: Killeen Daily Herald)






CONNECTICUT:

Killers deserved death sentences


I pay tribute to the late Detective Michael Malchik, whose alertness and 
persistence caught the disgusting creeper that was Michael Ross. Unfortunately, 
he and the families of Ross' victims waited an eternity for the state of 
Connecticut to put Ross down like the animal he was.


With news that the state's liberal Supreme Court has made the death penalty 
disappear, vermin such as the cowardly Cheshire killers, who deserve to be 
nameless, and the pathetic Russell Peeler Jr. will escape the fate they so 
richly deserve. Detective Malchik understood that people like this had no place 
in society, unlike our leaders in Hartford who happily coddle perpetrators 
rather than help the victims.


My idea for those on the now-defunct death row is to put them into the general 
prison population. Jailhouse justice would prevail I am sure, with the inmates 
themselves knowing that the crimes these individuals took part in deserved a 
death sentence, which they would mete out the 1st chance they had. Detective 
Malchik, may you rest in peace knowing you saved lives; as for Ross, I hope you 
turn on an infernal spit in hell for the rest of time.


JOHN LINDELL

Moosup

(source: Letter to the Editor, Norwich Bulletin)






GEORGIA:

District attorney draws heat over toy electric chair


"Death Row Marv" is a battery-powered toy electric chair that produces an 
electric buzzing sound with Marv's eyes glowing red under a helmet attached to 
electrodes. After his "electrocution," Marv asks, "That the best you can do, 
you pansies?"


Because the toy was on display in District Attorney Layla Zon's office, it now 
figures prominently in a recently filed court motion that seeks to overturn a 
Newton County death sentence.


The motion contends Zon is "pathologically enthralled" with the death penalty 
and has pursued it with a fervor and zeal unmatched by any other district 
attorney in the state. Zon is DA of the Alcovy Judicial Circuit, which consists 
of Walton and Newton counties.


On Wednesday, Zon said she seeks the death penalty only in cases that warrant 
it. As for "Death Row Marv," it was already in her office when she became 
district attorney in 2010 and she recently removed 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., N.C., ALA.

[Rick Halperin]

May 28



TEXASstay of impending execution

A court just stayed this Texas man's execution because a witness was hypnotized


Charles Flores, a Texas death row inmate who was scheduled to be executed next 
week June 2, was granted a stay of execution late Friday afternoon.


The Texas Court of Criminal Appeals stayed Flores' execution date and sent his 
case back to the trial court for a hearing based on his claim that improper 
hypnosis was used on the main eyewitness in his murder trial.


As Fusion reported earlier this month, Flores was convicted for the 1998 murder 
of Elizabeth "Betty" Black in a Dallas suburb. A jury sentenced him to death 
the following year even though prosecutors presented no physical evidence 
linking him to the crime, and the only witness who saw him at the scene, Jill 
Barganier, was hypnotized by police.


As part of Flores' final appeal, which was filed last week, psychology 
professor Steven Lynn said in an affidavit that recent research shows the 
hypnosis could have made Barganier create false memories. "Clearly, the 
techniques that were used to refresh Ms. Bargainer's memory would be eschewed 
today by anyone at all familiar with the extant research on hypnosis and 
memory," Lynn wrote.


That hypnosis was the crux of the appeals court's ruling. The court approved 
his application for a writ of habeas corpus by essentially finding reason to 
believe a reasonable juror may not have convicted him if they had heard 
evidence like Lynn's testimony.


Now, the trial court in Flores' case will hold a hearing specifically on the 
hypnosis issue and the eyewitness identification. If Flores' lawyers can show 
by a preponderance of the evidence that a jury would acquit him today after 
hearing new scientific evidence, it would lead to a brand new trial for Flores, 
more than 17 years after he was convicted.


"We're ecstatic for Charles right now," said Gregory Gardner, 1 of Flores' 
attorneys. "This hypnosis was always very troubling from the beginning... and 
we're thrilled that now the Texas courts are going to take a closer look at 
it."


The warden at the Polunksy Unit, the Texas death row prison where Flores is 
housed, is expected to notify him of the ruling later tonight.


While the appeals court focused on the hypnosis issue in its ruling, Flores 
also brought up other issues in his appeal - including the fact that his white 
co-defendant received a much shorter sentence than he did and is currently out 
of prison on parole.


2 of the 9 judges on the appeals court, which is the highest court in Texas 
that hears criminal cases, dissented from granting a stay. Only 1 of the judges 
who supported Flores' application, David Newell, wrote an opinion explaining 
his thinking.


"Eyewitness misidentification is the leading cause of wrongful convictions 
across the country," Newell wrote. "We may ultimately grant relief. We may 
ultimately deny relief. But either way, given the subject matter, by granting a 
stay this Court acknowledges that whatever we do, we owe a clear explanation 
for our decision to the citizens of Texas."


(source: fusion.net)

***

Issue of Mental Health Assessment a Focus as 3 Fight Death Sentences


Throughout Mental Health Month in May, The Texas Tribune is partnering with 
Mental Health Channel and KLRU to focus on some of Texas' biggest challenges in 
providing mental health care. See all the stories in this series. Randall Mays 
is on death row for killing 2 sheriff's deputies. Scott Panetti was sentenced 
to die for killing his estranged wife's parents. And a jury condemned Robert 
Roberson for killing his 2-year-old daughter.


Beyond being on Texas' death row, the 3 share another common thread: their 
attorneys are challenging whether the criminal justice process addresses the 
issue of mental illness fairly and comprehensively when weighing the death 
penalty for killers.


In each case, trial prosecutors and attorneys for the state have argued the men 
intentionally killed their victims and understand why they were convicted and 
sentenced to death, a constitutional benchmark before the condemned can be 
executed.


But attorneys for the men argue that although their clients are killers, their 
documented mental health histories could negate the intentional killing 
argument and therefore raise the question of whether execution is cruel and 
unusual punishment. Though the U.S. Supreme Court has ruled that states can't 
execute the intellectually disabled, an exact legal definition of that 
condition remains open to debate. Any of these three cases could ultimately 
help clarify that issue for others in similar situations.


Mays' and Panetti's attorneys argue their clients aren't competent to be 
executed. Roberson's attorneys say his right to due process was violated at 
trial.


Criminal justice experts say that determining mental health can be hard for 
anyone, including judges, defense attorneys, prosecutors 

[Deathpenalty] death penalty news----TEXAS, CONN., VA., GA., FLA., NEB., CALIF., USA

[Rick Halperin]

May 26



TEXAS:

Stop the execution of Jeff Wood in TX!


Please sign and share this petition for Jeff Wood. TX has set his execution for 
August 24th - despite the fact that he killed no one. Jeff's sister sits on the 
CEDP's board and is a fierce advocate against the death penalty.


https://www.change.org/p/governor-abbott-and-the-texas-board-of-pardons-and-parole-demand-justice-for-jeff-wood-5807b015-014a-4a21-8c6ee34be865c27c

Jeff was sentenced under the Law of Parties - which allows the death penalty 
for those who aid in felony murder. Even if a person did not harm anyone, they 
can still get the death penalty if they were involved in a crime where someone 
else killed a person, because they should have "anticipated that a human life 
would be taken."


For more information:http://savejeffwood.com

https://www.facebook.com/LawofParties/?fref=ts

https://www.facebook.com/AustinCEDP/?fref=ts

(source: CEDP)






CONNECTICUT:

State Supreme Court Ruling On Abolishment Of Death Penalty Expected Thursday


The Connecticut Supreme Court is expected to release its ruling Thursday on 
whether to uphold or overturn its decision last year to abolish the state's 
death penalty, including for inmates on death row.


The justices ruled 4-3 last August that the death penalty was unconstitutional 
for all - including 11 convicts on Connecticut's death row - following the 
legislature's abolition 3 years ago of capital punishment in Connecticut. 
Lawmakers made the law prospective, meaning it applied only to new cases and 
kept in place the death sentences already imposed on those facing execution 
before the bill was passed.


Attorneys for those on death row challenged the law, saying it violated the 
condemned inmates' constitutional rights. The ruling last August came in the 
case of Eduardo Santiago, who had faced the death penalty for the December 2000 
killing of Joseph Niwinski in West Hartford. Santiago has been resentenced to 
life in prison without the possibility of release.


In the August ruling, the justices in the majority wrote that executing an 
inmate "would violate the state constitutional prohibition against cruel and 
unusual punishment" and that the death penalty "no longer comports with 
contemporary standards of decency."


In October, the high court denied a request by the chief state's attorney to 
postpone the Santiago decision, a ruling that followed its denial of a request 
by prosecutors to re-argue Santiago.


Prosecutors then filed briefs arguing for the Santiago decision to be overruled 
in the pending appeal of Russell Peeler, who was sentenced to death for 
ordering the 1999 killings in Bridgeport of 8-year-old Leroy "B.J." Brown Jr. 
and his mother, Karen Clarke. The justices heard arguments on those briefs in 
January.


Prosecutors said in deciding the Santiago case, the court "did not confine its 
analysis" to the actual claim raised -- whether enacting the 2012 law 
invalidated the death sentences of those sentenced before the law went into 
effect. The court made its ruling, prosecutors said, "for reasons having little 
or nothing to do with" enactment of the 2012 law and "erred in its ruling on 
lines of analysis and authorities the parties had not discussed."


Prosecutors also argued that the justices relied on "flawed historical 
analysis" to justify their "departure from well-established principles of law" 
and incorrectly determined that state residents prior to the 1818 constitution 
gave the high court the authority to act independently to invalidate a penalty.


Prosecutors said the justices' "new insights" into Connecticut history came 
from Lawrence B. Goodheart's book "The Solemn Sentence of Death: Capital 
Punishment in Connecticut," which actually says, according to prosecutors, that 
the legislature, not the court, "has been the historical source for both 
limiting capital punishment and providing relief to those sentenced to death."


Chief Justice Chase T. Rogers, who joined with Justice Carmen E. Espinosa and 
Justice Peter T. Zarella in the August dissents, wrote then that "every step" 
of the majority's opinion was "fundamentally flawed." During the arguments last 
January, both the majority and minority raised concerns about the idea of a 
reversal following the retirement of Justice Flemming Norcott Jr., who had 
joined with justices Richard N. Palmer, Dennis G. Eveleigh and Andrew J. 
McDonald to ban capital punishment. Norcott was replaced by Justice Richard A. 
Robinson.


"Why shouldn't the court be concerned that every time there's a hotly contested 
4-3 decision ... that this isn't just going to become a numbers game, that the 
parties will then wait until somebody retires or leaves the court and raise the 
issue again?" Rogers said. "It just seems like a very slippery slope."


"At a minimum," Palmer said, "it looks awfully odd to have a case of this 
magnitude decided differently within months simply because the panel changes. 
That's 

[Deathpenalty] death penalty news----TEXAS, CONN., DEL., VA., FLA., ALA., MISS.

[Rick Halperin]

May 6



TEXAS:

Execution date set for Bridget Townsend killer


An execution date has been set for a man convicted for a Medina County shooting 
death of an 18-year-old woman.


33-year-old Ramiro Gonzales was given the death penalty in 2006 for the murder 
of Bridget Townsend.


She was reported missing from her Bandera County home in January of 2001 and 
her body was found 2 years later.


Gonzales' lethal injection has been set for August 19th, 2016.

(source: news4sanantonio.com)

***

Executions under Greg Abbott, Jan. 21, 2015-present19

Executions in Texas: Dec. 7, 1982present-537

? Abbott#scheduled execution date-nameTx. #

20-June 2---Charles Flores538

21-June 21--Robert Roberson---539

22-July 14--Perry Williams540

23-August 19Ramiro Gonzales---541

24-August 23Robert Pruett-542

25-August 31Rolando Ruiz--543

26-September 14-Robert Jennings---544

27-October 19---Terry Edwards-545

(sources: TDCJ & Rick Halperin)

*** new death sentence

Webb County Sees Rare Death Sentence


A Webb County jury on Thursday sentenced someone to death row for the 1st time 
in almost 25 years. It was the 2nd death sentence of the year in Texas.


Demond Bluntson, 40, received the death penalty in the 2012 shooting death of 
his 21-month-old son and his girlfriend's 6-year-old boy. The jury deliberated 
for about 12 hours over 2 days before handing down the sentence.


"We feel very relieved and very grateful to the work done by the jury to bring 
justice to the families of these children," said Webb County District Attorney 
Isidro Alaniz. "This is a historic case for our community."


On June 19, 2012, police arrived at a Holiday Inn in Laredo for a welfare check 
on the boys and their mother, 28-year-old Brandy Cerny, according to the 
criminal complaint. El Campo police had called the department in an effort to 
locate Cerny, who was reported missing and had registered as a guest at a 
hotel.


Bluntson didn't open the door for a hotel employee and police officers, only 
telling them "there's kids in here," according to the complaint. As employees 
and police began to force their way into the room, Bluntson fired a single shot 
through the door.


3 or 4 more shots rang out from inside the room before police were able to 
enter, the complaint said. Inside, they found the 2 children with gunshot 
wounds to their heads and Bluntson, who was detained.


Demond Bluntson, charged with capital murder in the shooting death of 2 young 
boys in a Laredo, Texas.


Bluntson's son, 21-month-old Devian, was pronounced dead at the scene. Devian's 
half-brother, Jayden Thompson, 6, was rushed to the hospital and died the next 
day.


Before bringing the boys to Laredo, Bluntson allegedly shot and killed Cerny in 
El Campo, about 250 miles away, according to a Wharton County indictment.


Bluntson's trial began on April 18, and he was convicted of capital murder 
within 4 days, according to court records. During his trial, Bluntson was 
removed from the courtroom several times for interrupting court proceedings, 
the records said. He watched much of the trial on a television screen from a 
holding cell.


During Alaniz's opening statements of the punishment trial, Bluntson called him 
a liar, according to the Laredo Morning Times.


"Death row is nothing to me, man," Bluntson said. "I don't care about living. 
But I promise, you all won't get away with what you have done."


Alaniz said Laredo's predominantly Hispanic and Catholic population is a factor 
when pursuing the death penalty.


"When you're dealing in a community that's predominantly Catholic, you never 
know how that is going to affect the decision of the jury," he said. "It was a 
serious case, but they had all the evidence to make the decision, and we 
believe they made the right decision."


Only 2 other people have been sent to death row from Webb County since the 
death penalty was reinstated in 1976, according to the Texas Department of 
Criminal Justice. Neither of the inmates were executed.


(source: Texas Tribune)






CONNECTICUT:

Lawmakers approve reform of wrongful imprisonment settlements


The state of Connecticut paid out $28 million in wrongful imprisonment awards 
in 2015 and 2016, significantly more than in previous years. Lawmakers passed a 
bill this week creating legislative oversight for those awards and a formula to 
determine the amount of compensation for a wrongfully convicted individual.


A significant portion of the settlements included a controversial award of 
$16.8 million made to four men released from prison due to a prosecutorial 
error. The settlement sparked outrage because the men were largely believed to 
be 

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

[Rick Halperin]

May 2



TEXAS:

An Ex-Marine Killed 2 People in Cold Blood. Should His PTSD Keep Him From Death 
Row?



At 12:44 p.m. on March 6, 2009, John Thuesen called 911. "120 Walcourt Loop," 
he told the dispatcher, breathing hard. "Gunshot victims."


The dispatcher in College Station, Texas, asked what had happened. "I got mad 
at my girlfriend and I shot her," he said. "She has sucking chest wounds..."


He'd not only shot Rachel Joiner, 21, but also her older brother Travis. 
Thuesen had broken into the house after midnight, not sure what he'd do but 
wanting to see his estranged girlfriend. She was out with her ex-boyfriend, but 
when she returned later that morning, things "got out of hand." Thuesen, a 
25-year-old former Marine reservist, called 911 and almost immediately 
expressed remorse. When he was arrested, he repeatedly asked the police about 
the victims and tried to explain why he'd kept shooting Rachel and her brother: 
"I felt like I was in like a mode...like training or a game or something."


The prosecution in the case gave it's opening statement on May 10, 2010. With 
DNA evidence and no other suspects, it only took prosecutors three days to make 
their case. Over the next week, the defense team touched on the facts that 
Thuesen suffered from depression and post-traumatic stress disorder (PTSD) from 
his service in Iraq, but pleaded for leniency in his sentence. None of that 
swayed the jury: On May 28, 2010, he was sentenced to death.


While on death row, Thuesen was given new lawyers, death penalty experts from 
the state's Office of Capital and Forensic Writs. In Texas, there are often 2 
trials, 1 to determine guilt or innocence and the 2nd to determine sentencing. 
Lawyers argued in their 2012 petition to have both the death penalty and the 
conviction vacated, and for a new sentencing trial, arguing that if his lawyers 
had served him adequately, "John Thuesen would not be on death row today, 
awaiting an execution date." In July 2015, Judge Travis Bryan III - the same 
judge who had presided over the criminal trial - agreed, and ruled that 
Thuesen's lawyers hadn't adequately explained the significance of his PTSD to 
jurors, and how it had factored into his actions on the day of the murders. 
Bryan also ruled that Thuesen's PTSD wasn't properly treated by the Veterans 
Health Administration. He recommended that Thuesen be granted a new 
punishment-phase trial. The Texas Court of Criminal Appeals could rule on 
Bryan's recommendation at any time.


The ruling on his case has implications for a question that has concerned the 
military, veterans' groups, and death penalty experts: Should service-related 
PTSD exclude veterans from the death penalty? An answer to this question could 
affect some of the estimated 300 veterans who now sit on death rows across the 
country, according to the Death Penalty Information Center. But it's unclear 
how many of them suffer from PTSD or traumatic brain injuries, given how uneven 
the screening for these disorders has been.


Experts are divided about whether veterans with PTSD who commit capital crimes 
deserve what is known as a "categorical exemption" or "exclusion." Juveniles 
receive such treatment, as do those with mental disabilities. In 2009, Anthony 
Giardino, a lawyer and Iraq War veteran, argued in favor of this in the Fordham 
Law Review, writing that courts "should consider the more fundamental question 
of whether the government should be in the business of putting to death the 
volunteers they have trained, sent to war, and broken in the process" who 
likely would not be in that position "but for their military service." In a 
2015 Veterans Day USA Today op-ed, 3 retired military officials argued that in 
criminal cases, defense attorneys, prosecutors, and judges often don't consider 
veterans' PTSD with proper due diligence. "Veterans with PTSD...deserve a 
complete investigation and presentation of their mental state by the best 
experts in the field," they wrote.


Courts "should consider the more fundamental question of whether the government 
should be in the business of putting to death the volunteers they have trained, 
sent to war, and broken in the process."


That idea is utterly unacceptable to Kent Scheidegger of the Criminal Justice 
Legal Foundation, a California-based victims-of-crime advocacy group, who 
contends a process already exists for veterans' defense attorneys to present 
mitigating evidence. To him, a categorical exclusion would be an "extreme step" 
that would mean "1 factor - always, in every case - necessarily outweighs the 
aggravating factors of the case, no matter how cold, premeditated, sadistic, or 
just plain evil the defendant's actions may have been."


But presenting a case for service-related PTSD often doesn't happen. Richard 
Dieter, the former director of the Death Penalty Information Center and author 
of its report "Battle Scars: Military Veterans and the Death Penalty," says 
PTSD 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., N.C., FLA., MISS., LA.

[Rick Halperin]

Feb. 18


TEXAS:

Scalia's Final Order Was To Let This Texas Man Die


After 15 years of court battles, Gustavo Garcia became the 6th person put to 
death in 2016, for the murder of a liquor store clerk. And he's the subject of 
former Supreme Court Justice Antonin Scalia???s final legal action.


Just 3 days before his own death, Scalia denied Garcia's plea for a stay of 
execution.


Garcia's final words on Tuesday night were: "To my family, to my mom, I love 
you. God bless you. Stay strong. I'm done."


He was 18 years old when he fatally shot 2 store clerks in Plano, Texas: Craig 
Turski and Gregory Martin. Turski was shot in the abdomen during a liquor store 
robbery in December 1990. When he tried to run, Garcia shot him in the back of 
the head.


The teenager was caught during a 2nd robbery attempt 1 month later. In January 
1991, Garcia and accomplice Christopher Vargas entered the gas station where 
Gregory Martin worked. Martin was on the phone at the time and asked his 
girlfriend to call the police, fearing he was about to be robbed. Garcia moved 
Martin to a separate room and shot him point blank in the head. When police 
arrived at the scene, they found Garcia hiding near the firearm, which they 
linked to Turski's murder.


Garcia was informed of his Miranda rights while he was in police custody, but 
he ultimately confessed to both murders verbally and in writing. He went to 
trial for killing Turski and was sentenced to capital punishment at the end of 
1991.


In a surprising twist 3 years later, the Texas Court of Criminal Appeals 
overturned the conviction because the written confession was missing language 
required by Texas to make the statement valid. The document that Garcia signed 
and initialed didn't explicitly mention that he was "[knowingly], 
[intelligently], and [voluntarily]" waiving the right to remain silent during 
the interrogation process. Garcia was subsequently given a 2nd hearing and 
re-sentenced to death.


Then in 2001, Garcia got another break. John Cornyn, Texas' former attorney 
general, ordered new sentencing hearings for Garcia and 5 other convicted 
murderers who were racially profiled in court. In all 6 cases, a psychologist 
argued that the defendants posed a threat to society because they were 
Hispanic. Cornyn believed that racial bias should not have played a role in the 
sentencing, and Garcia was given another chance at a lesser punishment. But he 
was sentenced to die again.


Thereafter, Garcia fought the execution on the grounds that he received 
deficient counsel. He claimed his lawyer never objected to introducing the 
confessions in court, and that he was unable to read the confession because he 
is "legally blind."


Scalia denied Garcia's final appeal for a stay of execution last Wednesday.

The late justice's order was consistent with his unrelenting stance on capital 
punishment. Scalia was always a staunch supporter of executions, even in cases 
where there was strong evidence to suggest a person's innocence or reason to 
believe that a commonly used lethal injection cocktail causes the sensation of 
being burned alive.


He was the 3rd person Texas has put to death in 2016. The state has executed 
more people than any other state in the country, and has already carried out 
1/2 of the executions this year.


(source: thinkprogress.org)






CONNECTICUT:

Convicted Cheshire Killer Komisarjevsky Heading to Court Seeking New TrialA 
judge will hold a hearing on Joshua Komisarjevsky's attempt at a new trial 
focusing on undisclosed police calls in the 2007 triple murder.



Convicted Cheshire killer Joshua Komisarjevsky will be back in a New Haven 
courtroom next week as he attempts to get a new trial for the 2007 home 
invasion murders of Jennifer Hawke-Petit and daughters Hayley and Michaela, 
according to the Hartford Courant.


Komisarjevsky is claiming that the fact the some previously undisclosed 
Cheshire police dispatch tapes from the morning of the murders warrants a new 
trial.


The Courant reports that a hearing has been scheduled for Feb. 23 and Superior 
Court Judge Jon Blue will listen to arguments on whether the recordings of 
phone calls between officers as the murders unfolded could have aided 
Komisarjevsky's defense.


Komisarjevsky and Stephen Hayes were both convicted, in separate trials, with 
felony murder and sentenced to death for the 2007 killings of Hawke-Petit and 
Michaela, 11, and Hayley, 17.


State lawmakers got rid of the death penalty in 2012, but made it so that 
inmates already on death row would be executed. The provision was added after 
the trials of Hayes and Komisarjevsky.


However, the Connecticut State Supreme Court ruled last August that the death 
penalty violates the state's constitution and barred all executions.


Hayes asked a judge in November to vacate his death sentence and to impose a 
sentence of life in prison without the possibility of parole.


(source: patch.com)

[Deathpenalty] death penalty news----TEXAS, CONN., VA., N.C., GA., FLA., ALA., MISS., LA.

[Rick Halperin]

Feb. 11



TEXASimpending execution

Death Watch: Double Death PenaltyGarcia, convicted of capital murder, 
contends that his confessions were improperly admitted as evidence



In Jan. 1991, 19-year-old Gustavo Garcia, his wife, and a 3rd accomplice, 
15-year-old Christopher Vargas, stepped into a Plano convenience store for a 
robbery and ultimately shot and killed the store clerk, 18-year-old Gregory 
Martin, while he was on the phone with his pregnant girlfriend. The girlfriend, 
who heard the shotgun blast, called police, who arrived on the scene to find 
Garcia's wife, Sheila Maria Garcia, outside by a gas pump. Garcia was hiding 
inside one of the store's coolers.


During interrogations, police were able to link Garcia to the December slaying 
of 43-year-old Plano liquor store clerk Craig Turski. Garcia confessed to that 
murder via written statement: "I killed the clerk with the shotgun," he wrote. 
He was charged with capital murder for both slayings but only tried in Turski's 
death. Vargas was convicted of capital murder in Martin's death and sentenced 
to life in prison.


Garcia went to trial in Dec. 1991. On Dec. 19, he was handed the death penalty. 
A Dec. 1994 decision from the Texas Court of Criminal Appeals overturned the 
decision, however, noting that Garcia's written confession did not include the 
necessary language indicating that Garcia "knowing[ly], intelligent[ly], and 
voluntar[il]y" waived his right to remain silent during interrogations. The 
sentence was later reinstated during a follow-up hearing.


In late Nov. 1998, Garcia was 1 of 7 inmates in Huntsville's Ellis Unit who 
took part in an elaborate attempt to escape the prison. One succeeded, though 
he drowned in a lake shortly after jumping the prison wall. Garcia and 5 others 
surrendered while still on the Huntsville grounds.


In June 2000, Garcia was granted a new sentencing hearing (along with 5 others) 
after the Texas Attorney General learned that former Texas Department of 
Criminal Justice Chief Psychologist Dr. Walter Quijano testified that Garcia 
could be a continued threat to society if he was given a life sentence simply 
because he was Hispanic. But Garcia was handed another death sentence in March 
of 2001.


On Jan. 19, the U.S. Supreme Court refused to review Garcia's case without 
comment. Through his attorneys, Garcia, now 42, continues to contend that his 
confessions were improperly admitted as evidence, and that he did not receive 
adequate counseling during his trial. With his execution scheduled for Feb. 16, 
Garcia stands to be the 3rd Texan executed this year, and the 534th since the 
state reinstated the death penalty in 1976.


(source: Austin Chronicle)



Court upholds death penalty for man who killed Ofc. Jaime Padron


The Texas Court of Criminal Appeals has issued an option to uphold the death 
penalty for the man who is currently on death row for the 2012 murder of Austin 
Police Officer Jaime Padron.


After reviewing Brandon Daniel's case, the court ruled the case had no merit 
and, "Consequently, we affirm the trial court's judgment and sentence of 
death." When an individual is sentenced to death, the case is automatically 
appealed to the Court of Criminal Appeals.


Daniel was found guilty of capital murder and sentenced to death in February 
2014. A few weeks after his trial, Daniel sent Judge Brenda Kennedy a letter 
stating why he wanted to waive any and all of his appeals.


In the letter, Daniel wrote: "I want justice to be served and I feel that the 
punishment is appropriate for my crime; we are both interested in saving the 
taxpayer's money, the time of all involved and in sparing my family and the 
victim's family anymore angst than necessary; and finally, I would like to 
limit my time in prison to the least amount possible."


By waiving all appeals, officials say the execution process could happen within 
2 years. The Texas Department of Criminal Justice says inmates that receive 
capital punishment stay on death row an average of nearly 11 years before being 
put to death.


(source: KXAN news)

***

Attorney: Death penalty may be out in family massacre case


The attorney for a man accused of fatally shooting 8 people at a suburban 
Houston home says his client may be intellectually disqualified for a death 
sentence if convicted.


Philip Scardino is the lead attorney for David Ray Conley, who's charged with 3 
capital murder counts and accused of shooting dead his estranged ex-girlfriend, 
her husband and 6 children, including his own son.


Scardino tells the Houston Chronicle (http://bit.ly/20ML6Pw) that Conley is 
undergoing tests and the results aren't yet available, but there's some 
indication that that he may have "an intellectual disability."


The U.S. Supreme Court has ruled that the intellectually disabled are 
disqualified from execution.


Harris County District Attorney Devon Anderson has made no 

[Deathpenalty] death penalty news----TEXAS, CONN., VA., FLA., ALA., LA., KY., CALIF.

[Rick Halperin]

Jan. 18


TEXAS:

San Antonio man gets death sentence for slaying of deputy


A man convicted of fatally shooting a Central Texas sheriff's deputy as both 
were stopped at a San Antonio traffic light more than 4 years ago has been 
sentenced to death.


The San Antonio Express-News (http://bit.ly/2089eIJ ) reports 46-year-old Mark 
Anthony Gonzalez was sentenced Friday after a jury found him competent on Jan. 
11.


In October, a jury found him guilty of capital murder and recommended the death 
penalty, but sentencing was delayed so another jury could weigh his lawyers' 
arguments that he wasn't competent.


Gonzalez fired dozens of bullets at Bexar County Sheriff's Sgt. Kenneth Vann in 
May 2011. Authorities said Vann was hit 26 times.


On investigator testified that no motive could be established. Gonzalez's 
attorneys said he was saddled by drugs and alcohol at the time.


(source: Associated Press)






CONNECTICUT:

Hearing on Connecticut death penalty: Did court get it wrong?


On Jan. 7, less than 5 months after a bitterly divided Supreme Court decided by 
a 4-3 majority in State of Connecticut v. Eduardo Santiago to abolish the death 
penalty, the issue was back before the court in a hearing on Russell Peeler's 
appeal of his death sentence. Peeler was convicted and sentenced to death in 
2007 for arranging the murders in 1999 of Karen Clarke and her 8-year-old son, 
Leroy "BJ" Clarke, potential witnesses against Peeler in another homicide.


But the hearing had little to do with the notorious Peeler case. It focused, 
instead, on the question of whether the court erred in deciding in Santiago 
that the General Assembly's 2012 prospective-only repeal of the death penalty 
violated the state's constitutional prohibition against cruel and unusual 
punishment. Public Act 12-5 repealed the death penalty for all crimes committed 
on or after April 25, 2012, the date the act took effect.


2 months after 12-5 took effect, the Supreme Court upheld a habeas court 
decision affirming Santiago's conviction for participating in a murder-for-hire 
scheme. But it overturned his death sentence because the trial judge had not 
allowed the jury to see certain potentially mitigating evidence in the penalty 
phase and remanded the case for another determination of the penalty.


The Eighth Amendment to the U.S. Constitution prohibits cruel and unusual 
punishment, which includes punishment that is excessive and disproportionate. 
The U.S. Supreme Court has ruled that, in determining whether a punishment is 
excessive and disproportionate, a court must first determine whether it 
comports with contemporary standards of decency and then whether it promotes a 
legitimate penological goal such as deterrence or retribution. The state 
Supreme Court likewise has said that whether a punishment is cruel and unusual 
is determined by considering whether it comports with the "evolving standards 
of decency that mark the progress of a maturing society" and is penologically 
justified.


Santiago appealed the decision to remand his case for a new penalty phase on 
the grounds that 12-5 represented a fundamental change in the contemporary 
standards of decency and a rejection of the penological justification for the 
death penalty, thereby eliminating the constitutional basis for the penalty. 
Arguments were heard on his motion in 2014.


Last August, the Supreme Court decided Santiago was right and the General 
Assembly was wrong. Writing for the majority, Justice Richard N. Palmer said 
that, following the prospective repeal of the death penalty, it no longer 
comported with contemporary standards of decency and no longer served any 
legitimate penological purpose. For those reasons, the execution of those who 
committed capital felonies prior to April 25, 2012, would violate the 
constitutional prohibition against cruel and unusual punishment.


After the Santiago decision was published in August, the state filed a motion 
for argument and reconsideration which was denied by the same 4-3 majority. It 
then filed a motion to postpone the application of Santiago pending resolution 
of Peeler's appeal. That motion was denied by the same 4-3 majority and 
Santiago was subsequently resentenced to life without parole. The state then 
filed a motion to present arguments against the Santiago decision in the Peeler 
case. Such requests are rarely granted but last month the court agreed to hear 
oral arguments.


It had been apparent for some time that the General Assembly was skating on 
thin ice, constitutionally speaking, in enacting a prospective-only repeal of 
the death penalty. It enacted such a repeal in 2009. Coming as it did less than 
2 years after the murders of Jennifer Hawke-Petit and her daughters Hayley and 
Michaela in Cheshire in July 2007 but before the men charged in that horrendous 
crime had been tried, that formula appealed to many legislators.


But in testimony before the Judiciary Committee, Chief 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., VA., N.C., ALA.

[Rick Halperin]

January 1




TEXAS:

Texas' top criminal court halted far more executions in 2015


The Texas Court of Criminal Appeals granted an unprecedented number of 
execution stays in 2015, the 1st year on the court for 3 judges elected in 
2014.


"There's absolutely been a change, and we're still seeing where the splits 
are," said Scott Henson, author of Texas criminal justice blog Grits for 
Breakfast.


An analysis of data from the Texas Department of Criminal Justice and annual 
reports from the Texas Coalition to Abolish the Death Penalty, which tracks 
executions and stays, shows that Texas courts halted 14 executions this year. 2 
of those were later rescheduled and carried out. That's nearly twice the number 
of stays granted most years.


The Texas Court of Criminal Appeals, long known as one of the most 
conservative, tough-on-crime courts in the nation, gave 8 death row inmates 
more time to appeal their sentences in 2015. That is more than double the 
number of stays the court has granted in any year since at least 2007. Trial 
courts or prosecutors withdrew the remaining execution dates in 2015.


Legal experts say the increased number of stays from the state's top criminal 
court might be the result of its changing membership. In 2015, 3 new judges 
joined the bench: Bert Richardson, a former state and federal prosecutor; Kevin 
Yeary, who worked as a defense lawyer and prosecutor; and David Newell, a 
former prosecutor.


But the change could also reflect the increasingly skeptical attitude of the 
public nationwide toward the death penalty, experts said. The number of 
executions in the United States hit a 24-year low in 2015, dropping to 28. 
Nearly 1/2 of those took place in Texas.


"You're seeing a national trend show up in state-level decision-making," said 
Lee Kovarsky, a professor at the University of Maryland Francis King Carey 
School of Law who works on Texas death penalty cases. State and national polls 
show public support for the death penalty on a steady decline over the last 
decade. At the same time, the number of new death sentences and executions in 
Texas and other death penalty states has also decreased.


Appeals court orders granting the 8 execution stays in 2015 provide something 
of a window on divisions among the 9 judges. Just 1 of the 8 stays was granted 
unanimously. All 9 judges agreed to stay the execution of Julius Murphy, whose 
lawyers argued that prosecutors coerced false testimony from 2 witnesses who 
were key to his 1998 conviction in a robbery that turned deadly.


Presiding Judge Sharon Keller, who has been on the court since 1994, and Judge 
Lawrence Meyers, who joined in 1992, partnered to dissent in 1/2 of the stays 
granted this year. Meyers disagreed with the majority in all the remaining 
stays.


In the case of Randall Mays, Keller and Meyers wrote the lone dissenting 
opinion objecting to a stay of execution. Mays was convicted and sentenced to 
death in 2008 in the fatal shooting of a sheriff's deputy. The majority of the 
court chose to stay his execution, allowing more time to determine whether Mays 
is mentally competent to face the ultimate punishment.


Keller and Meyers disagreed with the majority's decision. While Mays' lawyers 
had shown he was mentally ill, the 2 judges believed his attorneys failed to 
prove he did not understand how and why he was being punished.


"Mental illness and incompetence to be executed are not the same thing," Keller 
wrote in the dissent.


In the other stays the court granted last year, lawyers for death row inmates 
sought clemency for a variety of reasons. Some said they needed more time to 
investigate new evidence. Others argued that new scientific developments could 
help prove their innocence. A few contended they had shoddy legal help.


Shannon Edmonds, staff attorney for the Texas District and County Attorneys 
Association, said the new judges might have been more likely to agree to stays 
out of a desire to be more cautious.


Since 1989, there have been 240 exonerations in Texas, according to the 
National Registry of Exonerations, including 11 men who had been on death row.


"For lack of a better term, [the judges] might not be as jaded as they might be 
in the future after they see these kinds of claims brought up time after time 
after time," Edmonds said.


But Kovarsky said the increase in stays might have less to do with the makeup 
of the court than with the general shift away from the death penalty nationally 
and in Texas.


According to Gallup Poll data, the number who don't favor the death penalty for 
murderers grew from about 28 % of respondents nationally in 2000 to more than 
37 % in 2015.


In 2015, Texas courts issued just two new death sentences, the lowest since the 
death penalty was reinstated in 1976 after a 1972 Supreme Court decision led to 
a de facto moratorium on capital punishment.


"I strongly suspect that the [Court of Criminal Appeals] would still rank very 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., S.C., FLA., LA.

[Rick Halperin]

Dec. 2



TEXAS:

A Matter of Conviction Anthony Graves, Houston Forensic Science Center Board 
MemberExonerated from death row and working for justice, Anthony Graves 
doesn't have a moment to waste.



Anthony Graves is doing remarkably well for a former resident of death row. 
"I'm a rock star," he says of the way he's treated these days, asking 
rhetorically: "How do they treat a rock star?" Sitting inside the Houston 
Forensic Science Center's soon-to-open new offices, he smiles without the 
slightest hint of irony.


Graves, who was wrongfully incarcerated for 18 years - with 12 on death row - 
faced lethal injection twice before his 2010 exoneration. Today he spends his 
time trying to fix the criminal justice system that put him there. "It's 
broke," he says. "But who better to tell you that than the person who saw it 
fail them from top to bottom?"


And fail it certainly did. The Brenham native was just 26 years old in 1992 
when he was arrested and charged with the grisly murder of a family of 6 in 
Somerville, north of Brenham. Robert Earl Carter, his cousin's husband, had 
told police he and Graves had killed the family together. The day before 
Graves's 1994 trial, Carter tried to recant, telling the Burleson County 
district attorney he'd acted alone. But the DA didn't share that information 
with the defense team, putting Carter on the stand to testify against Graves 
anyway. After a speedy trial, Graves was convicted of capital murder.


Graves remembers being shocked when police brought him in for questioning. "I 
thought it had something to do with a traffic ticket or something," he says, 
"and I didn't have one, so I was really in the dark."


There he would stay, year after year, waiting, languishing in prison - all the 
while steadily maintaining his innocence and keeping the faith that justice 
would prevail. "For 6,640 days, I was always innocent. I never lost hope 
because that never changed," he says. "I had no choice, because the alternative 
was to believe they could kill me for something I didn't do." In 2000, before 
Carter was put to death, he made a statement from the death-chamber gurney, 
again taking sole responsibility for the murders. "Anthony Graves had nothing 
to do with it," he said. Minutes later, he was gone.


In 2002, University of St. Thomas professor Nicole Casarez and a group of 
students discovered the case through the Texas Innocence Network, which 
partners with journalism students at UST and the University of Houston. When 
they visited him, the 1st thing Graves told Casarez and her students was that 
he would not try to prove his innocence to them. "Do the work: you'll find out 
for yourself," he remembers saying.


There was, it turned out, scant evidence linking Graves to the murders. In 
2006, thanks in large part to Casarez's work, his conviction was overturned. 
The wheels of justice began to turn, albeit slowly, as Graves continued to sit 
in jail, awaiting his retrial. Eventually, the state turned to former Harris 
County prosecutor Kelly Siegler. In 2010, a year into her appointment, Siegler 
told reporters Graves had been framed for a murder he did not commit, saying 
that "after looking under every rock we could find, we found not one piece of 
credible evidence that links Anthony Graves to the commission of this capital 
murder."


In October 2010, Graves became the 12th person in Texas to be exonerated after 
a stay on death row, and within eight months he was awarded $1.4 million under 
a state law that compensates victims wrongfully convicted of crimes. After 
receiving the money, he didn't even go on vacation. It didn't make sense, he 
says, "to go out on an island and drink from an umbrella. That's not taking my 
life back."


Instead, Graves would seek justice for others, first as an investigator for 
Texas Defender Services, assisting attorneys with capital murder cases, and 
then on his own as a consultant, communications specialist and advocate for a 
better criminal justice system.


He also sought justice for himself, pursuing punishment for former Burleson 
County DA Charles Sebesta. This June, the Texas State Bar revoked Sebesta's 
license, ruling that he'd withheld critical evidence from Graves and his 
attorneys, including Carter's admission that he'd acted alone.


"No, I disbarred him," Graves says, pointing out that it was he who filed the 
grievance. He says he's forgiven Sebesta but wants to see justice applied to 
the former prosecutor. "I just want to happen to him what would happen to any 
other person who tried to commit murder in our state," he says, calling what 
Sebesta tried to do to him "nothing short of attempted murder."


In June of this year - just weeks after Sebesta was disbarred - Mayor Annise 
Parker tapped Graves to become a board member of the Houston Forensic Science 
Center, the new incarnation of the formerly embattled Houston Crime Lab. 
Casarez, who was appointed to the same board in 2012, 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., DEL., GA., LA.

[Rick Halperin]

Nov. 18



TEXASimpending execution

Texas Set To Execute Man Who Says His Lawyers Have "Abandoned" HimRaphael 
Holiday is set to be executed Wednesday for burning 3 children to death in 
2000. Holiday has asked the Supreme Court to stop his execution, claiming his 
court-appointed lawyers have refused to help him.



A Texas man is slated to be executed Wednesday for burning 3 children to death 
- including his 18-month-old daughter - despite his claims that his 
court-appointed attorneys have "abandoned" him.


In March 2000, Raphael Holiday moved out of the house he shared with Tami Lynn 
Wilkerson and their 18-month-old daughter, Justice, along with Wilkerson's 2 
other daughters - Jasmine DuPaul, 5, and Tierra Lynch, 7. Wilkerson had filed 
charges against Holiday and sought a protective order against him after she 
learned he had sexually assaulted Tierra, according to court documents.


On Sept. 5, Holiday returned with a gun and threatened to "burn the house down 
with everyone it it." He then ordered everyone to sit on the couch and made 
Wilkerson's mother, Beverly Mitchell, pour gasoline all over the house, court 
records show.


Mitchell said she saw Holiday "bend down," after which the fire started. All 3 
children died in the fire, while Holiday stood outside and watched, court 
documents stated.


Holiday has asked the U.S. Supreme Court to stop his execution on the grounds 
that his 2 court-appointed attorney abandoned him when he wanted to pursue 
avenues of legal appeal that had not yet been exhausted.


His appeal, filed by a pro-bono lawyer, claims that Holiday's 2 lawyers, 
appointed under the Criminal Justice Act (CJA), announced that they were 
through with the case "and then actively blocked Mr. Holiday's efforts to 
substitute" them, despite having instructed him to look for other death penalty 
lawyers.


Holiday says his execution should be stopped for new counsel to be appointed. 
He also claims that after the 2 lawyers, James "Wes" Volberding and Seth 
Kretzer, refused to file petitions seeking clemency - on the "cynical 
assumption that clemency has no chance" - they eventually "hrew together" a 
"sham clemency application" in 48 hours without Holiday's knowledge.


"We decided that it was inappropriate to file [a petition for clemency] and 
give false hope to a poor man on death row expecting clemency that we knew was 
never going to come," Volberding told The Dallas News.


Kretzer said in a court letter that they also recognized the "political 
realities" of Texas.


Last week, the 5th U.S. Circuit Court of Appeals denied a motion to replace the 
2 attorneys.


Holiday's most recent appeal states that "irreparable harm" will occur if he is 
executed without him having a "meaningful opportunity to seek clemency and 
develop unexhausted constitutional claims."


The state responded by saying Holiday's appointed counsel have "sworn their 
commitment" to represent him and that he had failed to propose alternative 
counsel to take their place.


After the Supreme Court denied a petition to review the case in June, 
Volberding and Kretzer informed Holiday in a letter that they would not file 
additional appeals or seek clemency from the governor, Dallas News reported.


They also opposed a motion filed by an appellate lawyer who helped Holiday by 
asking the court to assign him new attorneys and threatened her with sanctions.


Holiday could become the 13th person to be executed by Texas this year.

(source: buzzfeed.com)

*

Area man set to be executed for arson-related deaths


A 36-year-old man convicted of killing 3 children by setting fire to their 
rural Madison County home 15 years ago is set to be executed today.


Raphael Holiday's execution warrant becomes valid at 6 p.m. If there are no 
ongoing appeals at that time, officials will go ahead with the execution by 
lethal injection.


The United States Supreme Court denied a petition in June by Holiday's lawyers 
to review the case, after which his lawyers decided they would not take any 
further appeals, saying it would only give the inmate "false hope."


Gretchen Sween, a lawyer in Austin, agreed to try to find new attorneys for 
Holiday, saying he had the right to "conflict-free counsel willing to pursue 
all relief available to him."


That request was denied by the United States Court of Appeals for the Fifth 
Circuit, so Sween appealed to the U.S. Supreme Court.


The Supreme Court didn't immediately make a ruling. Sween couldn't be reached 
for comment.


A spokesperson for the Texas Department of Criminal Justice said Holiday will 
begin his day in Livingston -- where death row inmates are housed -- with 
extended visits with family and friends.


He will be transported to Huntsville at an undisclosed time, then checked in 
and given a new uniform.


Prison officials will take the Grimes County native to a small holding cell 
just outside the execution chamber, where he'll be able to 

[Deathpenalty] death penalty news-----TEXAS, CONN., PENN., GA., OHIO, NEB., ORE., USA

[Rick Halperin]

Mov. 15



TEXAS:

Human, monetary cost-cutting


There is little common ground between those who are pro-death penalty, and the 
abolitionists. If we assume, however, that only guilty people should be 
punished and that taxpayers want to save money, the system can be improved.


Cost is always an issue. In 1992 The Dallas Morning News calculated the costs 
of an average Texas execution was $2.3 million compared to $750,000 for life 
imprisonment. Since 1992, the cost of lawyers, extra time in jury selection, 
inmate housing, and appeals has risen substantially. Nueces County has had 16 
executed offenders which ranks as 5th most in the state. San Patricio, Kleberg 
and Aransas counties have each had 1. Nueces County currently has three 
offenders on death row, which includes Larry Hatten who has been sitting there 
since January 1996 for shooting a 5-year-old boy. Neither Hatten, Richard 
Vasquez, nor John Ramirez, the other area death row offenders, has as of yet, 
received an execution date.


Here are some suggestions:

Videotape all confessions. Many states and the U.S. Department of Justice 
already require this, but not Texas. According to the Innocence Project, false 
confessions were a factor in 25 percent of convictions overturned by DNA 
testing. Younger offenders, those who have mental or emotional defects, those 
"under the influence," or faced with law enforcement pressure, have all falsely 
confessed. In the past, implementation of videotape would have been costly and 
cumbersome, but smartphones, tablets and the like have foreclosed any excuses.


Regional mental health panels: If you think lawyers are expensive, try hiring a 
medical expert witness. When the mental state of the accused is an issue, 
experts are hired by both prosecution and defense. However, as most capital 
murder cases involve indigents, taxpayers have a dog, or perhaps are the dog, 
on both sides of the fight. Smaller counties often have no resident experts. 
Although we may think medical professionals are unbiased, there are lists of 
experts who always testify for just one side, and their testimony is not 
contrary to their paycheck. Regional, neutral panels nominated by their peers 
would be an improvement. They would review the defendant's interview and other 
evidence, yet only one would testify. While not totally dispositive of other 
experts, their objective views would carry overwhelming credibility.


National standards for scientific testing: A few years ago I defended a murder 
case in Corpus Christi where the main issue was the defendant's location. The 
state's expert used cellphone "pings" and tower locations to demonstrate that 
the defendant was in the wrong spot at the right time. We had an attorney who 
rattled off scientific terms and numbers that no one understood, resulting in a 
costly, hung jury and retrial. Other "science" such as hair microscopy, bite 
mark analysis, and shoe print comparisons, have all resulted in errors. Faulty 
analysis is behind 47 % of wrongful convictions, according to the Innocence 
Project. Let's set some standards!


Fair division of costs: To "get away with (capital) murder" in Texas or at 
least not be executed, commit your crime in an average or small county. When I 
was Willacy County District Attorney I feared capital cases, knowing we 
couldn't afford them, either in cash or personnel. A Texas Tribune study found 
more than 1/2 (135) of Texas counties have never executed anyone, and 60 % of 
the death sentences in the past 5 years have originated from 2 % of our 
counties. A check of the Texas execution "waiting" list confirms very few small 
to medium counties pursue the death penalty. The state, not the county, needs 
to pick up the tab.


Without more safeguards, innocent people inevitably will be executed. Each day 
we are paying for the 60 % of death row inmates who have been there more than 
15 years, as well as for 78-year-old Jack Smith, and 10 other inmates who 
waited more than 30 years.


We can't placate those with extreme positions, but we can cut costs, improve 
our justice system, and enhance our reputation as a state.


(source: opinion, Steve FischerCorpus Christi Caller-Times)






CONNECTICUT:

Komisarjevsky lawyer says uncovered police calls should be added to Cheshire 
case



A lawyer for convicted killer Joshua Komisarjevsky is filing to rectify the 
record in his case after additional police calls from the deadly 2007 home 
invasion were found in a cabinet by town employees.


The calls show police may have tried to stop Komisarjevsky's partner, Steven 
Hayes, as he drove back from a bank where he had forced Jennifer Hawke-Petit to 
withdraw money.


The motion, filed Friday morning, claims the calls "support the defense's 
theory at the guilt-innocence phase that the police response in this case was 
inadequate" and provide evidence of Komisarjevsky's mental state when he was 
questioned by police.


Moira Buckley, 

[Deathpenalty] death penalty news----TEXAS, CONN., N.C., S.C., FLA., OHIO, TENN.

[Rick Halperin]

Nov. 13



TEXAS:

Some changes would improve the death penalty process


There is little common ground between those who favor the death penalty and 
those who want to abolish it.


Still, if we assume that only guilty people should be punished and that 
taxpayers want to save money, the system can be improved.


Cost is always an issue. In 1992, The Dallas Morning News calculated that the 
cost of an average Texas execution was $2.3 million compared to $750,000 for 
life imprisonment.


Since 1992, the costs of lawyers, extra time in jury selection, inmate housing 
and appeals have risen substantially.


Data reported by the Texas Department of Criminal Justice show Tarrant County 
has had 38 offenders executed since 1976, the 4th-most in the state.


Dallas County ranks 2nd with 55 executed, while nearby Parker County has had 2 
and Denton County 6. Johnson and Hood Counties have not fulfilled a death 
penalty sentence since 1976.


Some suggestions:

-- Videotape all confessions. Many states and the U.S. Department of Justice 
already require this, but not Texas.


According to the Innocence Project, false confessions were a factor in 25 % of 
convictions overturned after DNA testing.


Younger offenders, those who have mental or emotional handicaps, those "under 
the influence" or faced with law enforcement pressure have all falsely 
confessed. In the past, videotape would have been costly and cumbersome, but 
smart phones, tablets and the like have foreclosed any excuses.


-- Require regional mental health panels.

When the mental state of the accused is an issue, experts are hired by both 
prosecution and defense. As most capital murder cases involve indigents, 
taxpayers pay for both sides of the fight. Smaller counties often have no 
resident experts.


Regional, neutral panels nominated by their peers could review the defendant's 
interview and other evidence, yet only one would testify. While not totally 
dispositive of other experts, their objective views would carry great 
credibility.


-- Set national standards for scientific testing.

I once defended a murder case in Corpus Christi in which the main issue was the 
defendant's location. The state's expert used cellphone "pings" and tower 
locations to demonstrate that the defendant was in the wrong spot at the right 
time.


We had an attorney who rattled off scientific terms and numbers that no one 
understood, resulting in a costly, hung jury and re-trial.


Other "science" such as hair microscopy, bite mark analysis and shoe print 
comparisons have all resulted in errors. Faulty analysis is behind 47 % of 
wrongful convictions, according to the Innocence Project.


-- Have a fair division of costs.

To "get away with (capital) murder" in Texas, or at least not be executed, 
commit your crime in an average or small county.


A Texas Tribune study found more than 1/2 (135) of Texas counties have never 
executed anyone, and 60 % of the death sentences in the past 5 years have 
originated from 2 % of our counties.


The state, not the county, needs to pick up the tab.

Without more safeguards, innocent people will inevitably be executed.

We can't placate those with extreme positions, but we can cut costs, improve 
our justice system and enhance our reputation as a state.


(source: Opinion; Steve Fischer of Rockport has been Willacy County district 
attorney, a criminal lawyer and a professor of criminologyFort Worth 
Star-Telegram)




Jury delivers verdict in death penalty trial


A Houston man escaped the death penalty Thursday when jurors opted for a 
punishment of life without parole.


Jurors deliberated more than 12 hours over 3 days before deciding to spare 
Johnathan "J-Boi" Sanchez in the shooting deaths of 3 people.


The same jury convicted the 27-year-old last week of capital murder for killing 
3 people and wounding 2 others in a Copperfield-area apartment on the afternoon 
of Nov. 20, 2013.


Sanchez went to an acquaintance's apartment and opened fire, killing Yosselyn 
Alfaro, who was celebrating her 21st birthday, and Daniel Munoz and Veronica 
Hernandez, both 17.


The 2 survivors, who were also shot in the head, were able to tell police 
Sanchez was the gunman.


The trial, in state District Judge Mark Ellis' court, was the 1st death penalty 
trial in Harris County this year.


(source: Houston Chronicle)






CONNECTICUT:

Crime and punishment in Connecticut


In 2012, Connecticut's Democrat dominated General Assembly abolished capital 
punishment but carved out an exception for convicted murderers awaiting the 
death penalty on death row. The carve-out for the 11 death row prisoners was a 
blatant violation of what used to be called the natural law, a series of 
political, philosophical and penological assumptions that informs all laws, 
statutory and constitutional.


The abolition should have been applied retroactively to Connecticut prisoners 
awaiting death, for reasons lucidly stated by 

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

[Rick Halperin]

Nov. 11



TEXAS:

Waxahachie Representative John Wray: A True Texas Hero


If ever there was a story that needed a hero, it is the Lake Waco Triple 
Murder.


Jan Thompson, aunt of Lake Murder victim, Jill Montgommery, in her quest for 
the simple truth via DNA, has gone to many people for help in what seems to 
many to be a simple case of basic subtraction and a situation begging for a man 
with common sense. Unfortunately, time after time, people in positions to help 
have not.


Case in point: Senator Rodney Ellis, Democrat, Houston, Texas

The formerly heroic Senator Ellis, known by reputation as a defender of the 
innocent and poor, really dropped the ball on this one. Contacted many times in 
person and by letter since 2011, Senator Ellis has ignored this case and 
questionably has not seen fit to quiz members of the Innocence Project of Texas 
about this case.


Happily, taken out of the hands of the lawyers, this case is now in the hands 
of the TEXAS FORENSICS COMMISSION.


Anthony Melendez, in a letter to his attorney, Innocence Project VICE 
PRESIDENT, Walter Reaves, demanded that Reaves take his case to the TEXAS 
FORENSICS COMMISSION. He also asked that they "run the DNA" and Melendez has 
told Reaves in writing to "take the tapes to the TEXAS FORENSICS COMMISSION".


It makes NO SENSE WHATSOEVER for the Commission to go after only "bite marks" 
in the Lake Waco case when there is obvious DNA sitting in Arkansas, that has 
not been run against the DNA of Spence, Melendez, or Deeb.


The case of Juanita White (mother of David Wayne Spence) has already fallen to 
the wayside by DNA clearing of Calvin Washington and the overturning of the 
case of Joe Sidney Williams.


Senator Rodney Ellis and his Chief of Staff, Brandon Dudley, merely decided 
that those who have questions about the handling of the case are "nuts".


One must wonder IF and when the DNA comes back and clears the Lake Murder 
defendants how Senator Ellis is going to explain the obvious lack of interest.



Representative John Wray hand delivered a letter to Senator Rodney Ellis 
himself, then informed Jan Thompson that he believed Senator Ellis would soon 
be contacting her soon to help.


You see, Representative John Wray is a young man, still interested and still 
questioning. Representative Wray is a lawyer and has grown up in Waxahachie 
where Jan Thompson is somewhat of an icon. MANY people have questions about 
this case without the glaring question, "why hasn't the DNA been run"?


Jan Thompson waited for Senator Ellis or someone from his office to contact 
her.


Months passed and there was nothing.

Jan Thompson called Representative Wray's office again and in early September, 
things began to happen.


The TEXAS FORENSICS COMMISSION is going to look at the case, the National 
Innocence Project has been contacted and thanks to Representative John Wray of 
Waxahachie, Texas, a woman who deserves to know the truth, Jan Thompson, 
finally will. Wray, instead of berating and questioning motives of those 
involved, has seen evidence and knows "ridiculous" when it is served up. 
Representative Wray, when faced with the DNA of this important case going to a 
lab in Arkansas in 2013, not having samples from the convicted, run on a whim 
by a lawyer with a New York writer as Puppetmaster, was as confused as the rest 
of us.


THE DNA IS FUNDED AND IS BEING RUN

We would like to thank Representative Wray, finally a true hero in a saga that 
sorely needed one!


(source: wordpress.com)






CONNECTICUT:

State: Hold Off On Changing Cheshire Home Invasion Killers' Death Sentences


The issue of whether the death sentences of Cheshire home invasion killers 
Steven Hayes and Joshua Komisarjevsky should be corrected in state court should 
not be addressed until the state Supreme Court rules on the constitutionality 
of the death sentence of Russell Peeler Jr., prosecutors said in recently filed 
court papers.


It was not known Tuesday when the state's highest court is expected to rule on 
the death penalty appeal of Russell Peeler Jr., who was sentenced to death for 
ordering the 1999 killings in Bridgeport of 8-year-old Leroy "B.J." Brown Jr. 
and his mother, Karen Clarke.


But while the decision is pending, the trial court should not consider changing 
death sentences to punishments of life in prison without the possibility of 
parole, Senior Assistant State's Attorney Robert J. Scheinblum wrote in a 
motion filed Monday for a stay of Hayes' motion filed on Friday in Superior 
Court to correct what he calls his "illegal" sentence. Komisarjevsky filed a 
similar motion on Friday but the state's response only references Hayes' 
motion.


"To mitigate the risk that the questions presented in Peeler will become moot 
before this Court addresses them, no action should be taken by the trial court 
on the defendant's motion to correct his death sentence until there is a final 
judgment in Peeler, Scheinblum wrote.


On Monday, 

[Deathpenalty] death penalty news----TEXAS, CONN., OKLA., USA

[Rick Halperin]

Oct. 8




TEXAS:

After rare 10-month respite, Texas death row gets 1st new inmate in 2015


Death row in Texas is getting its 1st new inmate in 2015, ending a 10-month 
hiatus in death sentences imposed by juries in the nation's most active capital 
punishment state.


A Brazos County jury decided after 7 hours of deliberation Wednesday that 
22-year-old Gabriel Hall should be put to death for an attack that left a 
68-year-old man dead and his wife injured at the couple's home in College 
Station.


It is the 1st death sentence imposed in Texas since last December.

Jurors rejected the option of sending Hall to prison for life with no chance of 
parole - the outcome in 3 other Texas capital cases this year where the death 
penalty was a possibility.


Brazos County is about 100 miles northwest of Houston.

(source: Associated Press)






CONNECTICUT:

Connecticut Court Stands By Decision Eliminating Death Penalty


The Connecticut Supreme Court is standing by its decision to eliminate the 
death penalty, but state prosecutors are challenging that ruling in another 
capital punishment appeal.


Justices on Thursday rejected a request by prosecutors to reconsider their 
landmark 4-3 decision in August.


The majority ruled a 2012 state law abolishing capital punishment for future 
crimes must be applied to the 11 men on death row for killings committed before 
the law took effect. The decision came in the case of convicted killer Eduardo 
Santiago.


Chief State's Attorney Kevin Kane said Thursday that prosecutors have filed a 
motion in the pending death penalty appeal of Russell Peeler Jr. to make the 
arguments they would have made in the Santiago case, if the Supreme Court had 
granted their motion to reconsider.


(source: Hartford Courant)






OKLAHOMA:

Autopsy: Oklahoma Used The Wrong Drug To Execute Charles Warner


Corrections officials in Oklahoma used the wrong drug to execute Charles Warner 
back in January.


The revelation was included in Warner's autopsy report, which was just made 
public by the Oklahoma Office of the Chief Medical Examiner. According to the 
report, officials used potassium acetate - not potassium chloride, as state 
protocol calls for - to stop Warner's heart.


Warner, 47, had been scheduled to die on the same night as Clayton D. Lockett. 
If you remember, Lockett's 2014 execution was also botched. A report issued 
after his death, found that a phlebotomist misplaced the IV line intended to 
deliver the lethal cocktail of drugs directly into Lockett's bloodstream. 
Instead, the cocktail was delivered to the surrounding tissue and Lockett 
eventually died of a heart attack.


According to The Oklahoman, which first reported on Warner's autopsy report, 
explains:


"The drug vials and syringes used in Warner's execution were submitted to the 
Office of Chief Medical Examiner after his death. 2 of the syringes were 
labeled with white tape '120 mEq Potassium Chloride,' his autopsy report shows.


"However, the 12 empty vials used to fill the syringes are labeled '20mL single 
dose Potassium Acetate Injection, USP 40 mEq\2mEq\mL,' the autopsy report 
shows."


Back in September, Gov. Mary Fallin stopped the execution of Richard Glossip, 
saying that the state had received potassium acetate rather than potassium 
chloride.


Following that stay, Robert Patton, Oklahoma's prisons director, told reporters 
that the state's drug provider told them that the 2 drugs were interchangeable. 
Medical professionals say they are 2 different drugs.


In a statement, Fallin said she had not been made aware that the 2 drugs may 
have been switched during the Warner execution until she was told the wrong 
drugs were procured for the the Glossip execution.


"The attorney general's office is conducting an inquiry into the Warner 
execution and I am fully supportive of this inquiry," she said. "It is 
imperative that the attorney general obtain the information he needs to make 
sure justice is served competently and fairly."


Fallin said that until the state has "complete confidence in the system" she 
will delay any scheduled executions.


Glossip's attorney, Dale Baich, said in a statement that Oklahoma cannot be 
trusted to get this procedure right.


"The State's disclosure that it used potassium acetate instead of potassium 
chloride during the execution of Charles Warner yet again raises serious 
questions about the ability of the Oklahoma Department of Corrections to carry 
out executions," Baich said. "The execution logs for Charles Warner say that he 
was administered potassium chloride, but now the State says potassium acetate 
was used. We will explore this in detail through the discovery process in the 
federal litigation."


According to the AP, Oklahoma's execution protocol does allow for some wiggle 
room in the kind of drugs used in executions.


"The protocols include dosage guidelines for single-drug lethal injections of 
pentobarbital or sodium pentothal, along 

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

[Rick Halperin]

Aug. 25



TEXASimpending execution

Nicaragua pleads with US to call off execution


Nicaraguan officials and activists called on the United States Monday to cancel 
the execution in Texas later this week of Bernardo Tercero, the only Nicaraguan 
national on death row in the US.


Tercero is scheduled to be executed by lethal injection Wednesday for killing 
high school English teacher Robert Berger while robbing a Houston dry cleaning 
business in 1997.


The impending execution has sparked protests in Nicaragua, which abolished 
capital punishment in 1979, when the leftist Sandinista rebels came to power.


For us here in Nicaragua, where we don't have the death penalty and embrace a 
spirit of humanitarianism and solidarity, it seems pathetic to be on the verge 
of a Nicaraguan citizen's execution, said the country's ambassador to the 
Organization of American States, Denis Moncada.


Nicaraguan President Daniel Ortega has been pleading for clemency for Tercero 
with US officials at the highest level, including President Barack Obama, 
Moncada told Channel Two news.


Activists have called a demonstration later in the day to demand Tercero be 
spared.


Nicaraguan national Bianca Jagger, a campaigner for the abolition of the death 
penalty, is one of those leading the protest movement.


His execution would constitute an egregious miscarriage of justice, she wrote 
in an online petition signed by more than 500 people.


Jagger, the ex-wife of Rolling Stones singer Mick Jagger, said Tercero had 
abysmal legal representation and that his case was fraught with errors.


Church leaders in the majority Catholic country also joined the appeal.

I call with all my heart on the US authorities to accept the petitions to save 
Bernardo Tercero's life, said Cardinal Miguel Obando.


(source: Global Post)






CONNECTICUT:

Death Penalty Abolition Ruling Leaves Racial Disparity Argument Unresolved


For years, death penalty opponents have claimed that prosecutors are far more 
likely to argue for capital punishment for people of color than for white 
defendants.M


Several years ago, a group of death row inmates challenged their sentences, 
arguing that decisions on who should be charged with capital felony and made 
eligible for a potential death sentence in Connecticut were made with racial 
bias. More than half the men who were on death row are African-American, though 
blacks comprise about 10 percent of the state's population.


While that racial disparity argument was shot down by a trial judge in 2013, 
the case, In re Death Penalty Disparity Claims, has remained on appeal before 
the state Supreme Court. That appeal became moot this month when a divided 
court ruled it was unconstitutional to execute those who were on death row when 
the General Assembly in 2012 repealed the death penalty for future murder 
cases. Those who were on death row will now serve life sentences.


However, the racial disparity issue was not a moot point for retired Justice 
Flemming Norcott Jr., who was part of the panel that repealed the death 
penalty, and Justice Andrew McDonald. They took the opportunity to pen a 
23-page decision on the topic despite it having little to do with the merits of 
Eduardo Santiago's criminal case, which gave rise to the justice's majority 
opinion.


We write separately to express our profound concerns regarding an issue of 
substantial public importance that will never be resolved by this court in 
light of the majority's determination that the imposition of the death penalty 
is an unconstitutionally excessive and disproportionate punishment, wrote 
Norcott and McDonald. Specifically, we cannot end our state's nearly 400-year 
struggle with the macabre muck of capital punishment litigation without 
speaking to the persistent allegations of racial and ethnic discrimination that 
have permeated the breadth of this state's experience with capital charging and 
sentencing decisions.


The decision proceeded to discuss the history of racial disparity in death 
sentences in Connecticut and elsewhere for decades, even centuries.


The justices noted that of the 160 executions in the state's history, more than 
1/2 the defendants were black. They said since 1693, only black men have been 
executed for rape in Connecticut, and each for the rape of a white woman. In 
contrast, they wrote, in almost 400 years, no white person has ever been 
executed in Connecticut for the murder of a black person.


It may be that every black man ever executed for raping a white woman and 
every Native American ever executed for murdering a white man in Connecticut 
was guilty as charged, and received his due process and his proper punishment 
under the laws then in effect, the justices wrote. But white men in 
Connecticut have also killed Native Americans over the past 400 years, and 
raped black women. None has ever hanged for it.


To the extent that a criminal justice system operates such that only racial 

[Deathpenalty] death penalty news----TEXAS, CONN., N.C., FLA.

[Rick Halperin]

Aug. 22




TEXAS:

Capital murder charge filed for woman's death on west side of town


A man already charged with killing his girlfriend could now face the death 
penalty.


Ronald Jackson appeared in court Friday as prosecutors upgraded his charges to 
capital murder in the beating death of 38-year-old Jennifer Herrera.


Prosecutors say Jackson kidnapped Herrera with the intent of killing her and 
that is the reason for the upgrade.


She was found dead last September inside a westside home. Jackson was arrested 
later that night during a traffic stop.


His trial date is scheduled for November 16th but that is likely to be delayed.

(source: KRIS tv news)






CONNECTICUT:

Death penalty, murder case rulings expose rift in high court


2 major rulings this year on the death penalty and a murder case yielded highly 
unusual criticism from Connecticut Supreme Court justices against their 
colleagues, reaching levels of acrimony that some legal experts say hasn't been 
seen since the 1990s.


The recent conflicting opinions shine a rare light on the people whose 
decisions have had wide-ranging effects on residents of the state, whether it 
was approving gay marriage, abolishing the death penalty or ruling Hartford 
schools needed to be desegregated.


I think it does show a depth of passion, said Todd Fernow, a professor at the 
University of Connecticut School of Law. You really know where these people 
are coming from. I think we all benefit by that. The last thing you want is a 
decision that is robotic and psychically distant from the issues of the day.


The court ruled 4-3 on Aug. 13 to abolish the death penalty for the 11 men on 
the state's death row, overturning a 2012 state law that eliminated the death 
penalty for future crimes only.


Chief Justice Chase Rogers wrote a dissenting opinion saying there was no 
legitimate legal basis for the majority's decision. She also joined Justices 
Peter Zarella and Carmen Espinosa in accusing the majority justices of 
tailoring their ruling based on personal beliefs.


I can only conclude that the majority has improperly decided that the death 
penalty must be struck down because it offends the majority's subjective sense 
of morality, Rogers wrote.


The majority opinion, written by Justice Richard Palmer, took issue with 
Rogers' comments, accusing her of refusing either to consider or to recognize 
the import of the words of our elected officials, the actions of our jurors and 
prosecutors, the story of our history, the path trodden by our sister states, 
and the overwhelming evidence that our society no longer considers the death 
penalty to be necessary or appropriate.


Justices Dennis Eveleigh and Andrew McDonald and now-retired Justice Flemming 
Norcott Jr. joined Palmer in the majority.


Espinosa used especially strong language in her dissents in the death penalty 
ruling and in a 4-2 decision in March that granted a new trial for Richard 
Lapointe, a brain-damaged man sentenced to life in prison for the 1987 killing 
of his wife's 88-year-old grandmother.


Espinosa wrote that the Lapointe decision was unfettered judicial activism 
and a gross parody of judicial economy, and she accused the majority of being 
partial toward Lapointe.


Justice is most certainly not attained by doffing one's judicial robe and 
donning an advocate's suit, Espinosa wrote.


The majority opinion, again written by Palmer, took Espinosa, who arrived on 
the court in 2013, to task.


Rather than support her opinion with legal analysis and authority ... she 
chooses, for reasons we cannot fathom, to dress her argument in language so 
derisive that it is unbefitting an opinion of this state???s highest court, 
Palmer wrote. Justice Espinosa dishonors this court.


Fernow said he thought Espinoza???s language has been particularly forceful.

I think that Justice Espinosa has brought a more intense language in advancing 
her positions here and perhaps has been directly name-calling the people she 
disagrees with in ways that have led Justice Palmer and others to take umbrage 
at it, he said.


Palmer, Espinosa and Zarella declined to comment for this story.

Rogers said in a statement that despite the strong disagreements, the court is 
functioning well, as shown by its 134 decisions issued since last September.


There is no question that some of the issues that we are called upon to decide 
are extremely challenging and it should not come as a surprise to anyone that 
on occasion we do not agree about the result in a case and strongly express our 
views in our opinions, she said.


Acrimonious and lively language is nothing new in the world of state and 
federal appeals courts. U.S. Supreme Court Justice Antonin Scalia is known for 
his colorful dissents.


Espinosa's dissents may be the most strongly worded on the Connecticut court 
since those of former Justice Robert Berdon, who retired in 1999 after 8 years 
on the high court. Berdon accused fellow 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., N.C., S.C., FLA., OKLA., ARIZ., NEV.

[Rick Halperin]

Aug. 20



TEXASimpending execution//foreign national

Death Watch: After Little Help From Counsel, Inmate to DieTercero's 
execution would be 12th in Texas this year



On March 31, 1997, Robert Berger and his 3-year-old daughter walked into the 
Park Avenue Cleaners in Houston at the same exact time Bernardo Aban Tercero 
and an accomplice were trying to pull off a robbery. His interruption irked 
Tercero, and the 2 started scuffling. When Berger tried to separate himself, 
Tercero shot him in the head. Tercero returned to his native Nicaragua after 
the robbery, but on Nov. 20, 1997, he was indicted for capital murder. He was 
found thanks to the help of a female acquaintance in July 1999 in Mexico, 
attempting a return to the United States.


Tercero's attempts to take control of his own fate suffered mightily 
immediately thereafter. Apprehended, his requests to speak with the Nicaraguan 
Consulate-General (a right under the Vienna Convention on Consular Relations) 
was denied, and he was returned to Harris County, where a trial began in 
October of 2000. There, he received the counsel of 2 attorneys - Gilbert 
Villarreal and John Denninger - who did little to aid their client, filing no 
motions to request a mitigation investigator or any other experts that could 
conduct background investigations or prepare a social history. In fact, of the 
$21,670 trial counsel was provided by the court in order to perform due 
diligence in preparing a case to defend Tercero against capital murder, the 2 
only used $13,200 - to travel to Nicaragua (2 weeks before the trial), and pay 
for travel and lodging for Tercero's family during the trial. There, they did 
an inept job of representing Tercero, calling one witness to the state's 17. 
That 1 witness was Tercero himself; he testified that the murder was 
unintentional. Nevertheless, a weeklong trial returned a guilty verdict. The 
state called 6 witnesses at punishment, most of whom were Nicaraguan and could 
testify to Tercero's history of robberies and kidnappings. He was sentenced to 
death on Oct. 20, 2000.


Attorneys Dick Wheelan and James Crowley, assigned at different times to aid 
Tercero's appeals process, did little to help his case, either. They glossed 
over interview opportunities with jurors, trial counsel, or any of the involved 
witnesses. Further, in Wheelan's case, he neglected to secure any type of 
background records, including birth records - an important item as Tercero 
maintained that his age - 17 - barred him from the death penalty under the 
Supreme Court's decision in Roper v. Simmons. No surprise, then, that his 
claims for relief weren't upheld in federal court, where a judge ruled that 
each was either exhausted and/or procedurally defaulted, or at the Court of 
Criminal Appeals or the state habeas court.


On Tuesday, Tercero's counsel filed a petition for a stay of execution based on 
their client's mental competency (a prison doctor has diagnosed Tercero with 
psychosis), as well as a motion to reconsider certain claims that had been 
barred. He's currently scheduled for execution at 6pm on Wednesday, Aug. 26. 
Should it happen, he'd be the 11th Texan executed this year, and 529th since 
the state's reinstatement of the death penalty in 1976.


(source: Austin Chronicle)

**

IACHR Concludes that the United States Violated Bernardo Aban Tercero's 
Fundamental Rights and Requests that his Execution be Suspended



The Inter-American Commission on Human Rights (IACHR) urges the United States 
of America to stay the execution of Bernardo Aban Tercero, a Nicaraguan 
citizen, which is scheduled to take place on August 26, 2015, in the state of 
Texas, and to grant him effective relief, including the review of his trial in 
accordance with the due process and fair trial guarantees set forth in the 
American Declaration. The United States is subject to the international 
obligations derived from the Charter of the Organization of American States and 
the American Declaration since it joined the OAS in 1951. Accordingly, the 
IACHR urges the United States, and in particular the state of Texas, to fully 
and properly respect its international human rights obligations.


The IACHR granted precautionary measures to protect the life and physical 
integrity of Bernardo Aban Tercero on April 4, 2013. The request for 
precautionary measures was filed in the context of a petition alleging the 
violation of rights recognized by the American Declaration. Through the 
precautionary measures, the Commission asked the United States to refrain from 
carrying out the death penalty until the IACHR had the opportunity to issue a 
decision on the petitioner's claims regarding the alleged violations of the 
American Declaration.


The IACHR decided the case was admissible on June 24, 2015. On August 18, 2015, 
the IACHR adopted Report No. 50/15 on the merits of the case and determined 
that the United States is 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., N.C., FLA.

[Rick Halperin]

Aug. 19



TEXASimpending execution//foreign national

Texas Prepares for Execution of Nicaraguan Bernardo Tercero on August 26, 2015


Bernardo Aban Tercero is scheduled to be executed at 6 pm CDT, on Wednesday, 
August 26, 2015, at the Walls Unit of the Huntsville State Penitentiary in 
Huntsville, Texas. 37-year-old Bernardo is convicted of the murder of 
38-year-old high school teacher Robert Keith Berger on March 31, 1997, in 
Houston, Texas. Bernardo has spent the last 15 years of his life on Texas' 
death row.


Bernardo was born in Chinadega, Nicaragua. He dropped out of school following 
the 7th grade and came to the United States at the age of 17. Bernardo had 
previously been convicted on 2 counts of theft in the United States. Prior to 
his arrest, he worked as an auto mechanic and laborer.


On March 31, 1997, 2 men, Bernardo Tercero and Jorge Becencil Gonzales, forced 
their way through the back door of a dry cleaning establishment. Gonzales held 
the employees at gunpoint while Tercero went to the front of the store and 
demanded money.


Robert Berger, who was there with his 3 year old daughter, approached Tercero. 
The 2 became physical and Robert was shot. He died from his injuries. Tercero 
and Gonzales fled. Tercero went to Florida, while Gonzales left the country. 
Tercero eventually fled to Nicaragua, where he is alleged to have been involved 
in a series of violent crimes, including robberies, shootings, and a 
kidnapping. Tercero was extradited to the United States upon request.


Bernardo Tercero has 2 conflicting birth certificates. The one (not used for 
this article) alleges that he was under 18 at the time of crime, making him 
ineligible for the death penalty. Bernardo alleges that this is his correct 
birth certificate. This discrepancy has been the focus of many appeals, non of 
which have been successful. His attorney is also asking for a stay of execution 
to allow further litigation.


Please pray for peace and healing for the family of Robert Berger. Please pray 
for strength for the family of Bernardo. Please pray that if Bernardo is 
innocent or ineligible for the death penalty, that evidence will be presented 
prior to his execution. Please pray that Bernardo will come to find peace 
through a personal relationship with Jesus Christ, if he has not already found 
one.


(source: theforgivenessfoundation.org)

*

Texas prosecutor made secret deals in more than 1 death penalty case, report 
says



A now-retired Texas prosecutor struck secret deals to secure key testimony in 
more than 1 death penalty case, according to a new report.


After uncovering evidence last summer that Navarro County prosecutor John 
Jackson arranged such a deal in 1 death penalty case, The Marshall Project, a 
news nonprofit focused on criminal justice issues, reported Tuesday that 
Jackson did the same in another, earlier case. In both instances, the report 
says, defense attorneys were not told about the deals and those testifying 
reported feeling pressured into doing so and guided in what to share.


The new story alleges that Jackson bolstered a 1986 case against Ernest Baldree 
- who was charged with murdering a husband and wife during a robbery - with 
testimony from Kyle Barnett, who was an inmate with Baldree.


But Barnett says he never wanted to testify against Baldree: The prosecutors 
there had me in a position where it would be real hard on me if I refused, he 
said, according to the report. Barnett said Baldree admitted to the murders, 
but was also remorseful, saying he was high on speed and didn't know what he 
was doing - a fact, he says, prosecutors were uninterested in hearing.


The scenario that Barnett described strongly echoes allegations later made in 
the far more famous case of Cameron Todd Willingham, who was executed in 2004 
for the arson murder of his three young daughters, Maurice Possley and Maurice 
Chammah write.


Jackson had, for more than 20 years, denied making a deal in that case, too, 
but a story by Possley republished by The Washington Post last summer cast 
doubt on his denial.


The former inmate who provided testimony against Willingham in that case, 
Johnny E. Webb, told Possley that he had been coerced and his testimony that 
Willingham confessed was a lie. Jackson at the time called the allegation a 
complete fabrication.


Jackson has also alleged that he and Barnett have never had contact. But 
Barnett says Jackson and his prosecution team told him that they needed his 
testimony.


They told me that, if I would testify, they would allow me to the Cenikor Drug 
Rehabilitation program in Fort Worth for violating my probation, Barnett 
explained in an affidavit, according to the new report. They said if I didn't 
testify, I'd be going back to the prison for a long time.


(source: Washington Post)

**

Junk Science RevisitedForensic commision right to scrutinize bite analysis


The Texas 

[Deathpenalty] death penalty news----TEXAS, CONN., OHIO, OKLA., NEB., COLO., ARIZ., USA

[Rick Halperin]

Aug. 19



TEXAS:

Mother of slain Killeen man speaks out  Mitchell Jaudon shot dead last week 
at A.A. Lane Neighborhood Park



The mother of Mitchell Jaudon, 22, of Sylvania, Ga., who was shot dead at A.A. 
Lane Neighborhood Park in north Killeen last week, is speaking out against the 
violence that led to her son???s death.


In an interview with the Herald, Jaudon's mother, Rachael Roberson, said 
Killeen's culture of violence bears some responsibility for the death of her 
son and at least 10 others who died from gun violence.


In 2015, 15 have died from homicides, according to Killeen police.

15 homicides? Roberson exclaimed. Whoever is in charge here, what are they 
going to do to make sure families that leave the safety of their hometown to 
come here for the military - for their family to serve this country - can be 
able to feel safe? My mother is leaving. My son is leaving. My family is torn 
apart. My mom doesn't feel as though she can walk to the mailbox.


After their family moved from Georgia to Killeen in 2008, Roberson said she 
began to notice her son changing.


Mitchell was headed to the 9th grade when we moved here, Roberson said. 
Probably around the 10th or 11th grade, I started noticing some changes in my 
son.


I'm not going to sugarcoat anything about him.

She said Jaudon did not graduate from high school and worked odd jobs as he 
struggled to complete his GED classes at Central Texas College. She said he 
also struggled with marijuana addiction, but completed rehab.


On the night of his death, Roberson said, Jaudon was at their home, but didn't 
tell them he was going to A.A. Lane Neighborhood Park, an area neighbors said 
has become a hotbed for drug and sex activity.


Mervis Hancock, whose home and adjacent gazebo have overlooked the park for 
years, said he often sees and hears drug use, fights and other chaos. He said 
at least one other person was stabbed to death last year.


It's scary, Hancock said.

I don't want to stay here any longer. It's right up under our nose that 
someone's getting killed.


Although Jaudon was at his mother's home before his death, she would not 
elaborate on what he told his family that night.


We have a slight idea, but we're not allowed to say because of the 
investigation, Roberson said. He was here with me, so I know what he said he 
needed to do.


Killeen police spokeswoman Carroll Smith said it's important for community 
members and residents to cooperate with each and share information with police.


She said it's also important to prevent domestic violence, which has been 
linked to many of 2015's deaths.


The police and the community can work together to decrease opportunities by 
being good witnesses, contacting the police at the first sight of trouble, 
reporting crimes and being active in the community, Smith said. Refrain from 
engaging in illegal drug activity and domestic violence.


If and/or when police are able to catch Jaudon's killer or killers, Roberson 
said she plans to seek the death penalty.


I'm a Christian and people say, 'Oh, well you're not supposed to,' Roberson 
said. Listen. They left him there to die. ... They intended for my son to die. 
They left him there. It's too late for teaching them morals or teaching them 
values.


I think that they are cowards of the worst kind, she said. They took 
something from me that is irreplaceable. He's my oldest son, but he was also my 
friend.


It's up to the Killeen community to end the trend of increased homicide, 
Roberson said.


We need to come together as a community to say that violence can???t be 
tolerated, she said. It can't. Something has to change. Some way, something 
needs to be done.


(source: Killeen Daily Herald)






CONNECTICUT:

In Death Penalty Decision, Voice of Justice Berdon Heard


Congratulations to Justice Robert Berdon, who patiently served on the Supreme 
Court for years waiting for the majority of the court to catch up to him. It 
was 1st in 1996 when all seven justices on the court considered an appeal 
challenging the constitutionality of the death penalty under the state 
constitution.


In that case, Berdon noted: Today is the 1st time that each of the justices of 
the Supreme Court of Connecticut has had an opportunity to speak on the issue 
of whether the death penalty violates our state constitution. The majority of 
this court, consisting of Chief Justice [Ellen Ash] Peters and Justices 
[Robert] Callahan, [David] Borden and [Richard] Palmer, now concludes that 
death at the hands of the state is not cruel and unusual punishment, while 3 
justices - Justices [Flemming] Norcott, [Joette] Katz and myself - would hold 
that the penalty is unconstitutional under the state constitution. The 
majority's decision today prevents Connecticut from joining those humane and 
enlightened states and nations that continue to ban the penalty of death. The 
only remaining issue in this case is by which means Mr. [Daniel] Webb 

[Deathpenalty] death penalty news----TEXAS, CONN., FLA., TENN.

[Rick Halperin]

Aug. 15



TEXAS:

Death penalty foes to hold vigil Aug. 26


The Lubbock chapter of People of Faith Against the Death Penalty will host a 
vigil from 5:45-6:15 p.m. Aug. 26 at the corner of University Avenue and 15th 
Street, in front of St. John's United Methodist Church.


The prayer vigil will coincide with a scheduled state execution of a prison 
inmate.


The public is invited.

(source: Lubbock Avalanche-Journal)



Former Texas DA an opponent of death penalty


Advocates looking for a death penalty opponent would be hard-pressed to find 
one more convincing than Texas lawyer Tim Cole.


Currently Cole, who has recently made headlines in his home state for speaking 
out publicly against capital punishment, is a Fort Worth-based criminal defense 
attorney.


But for 14 years, Cole was the district attorney in rural North Texas (he spent 
time as assistant DA before and after he served in that elected position). 20 
years a prosecutor, Cole has tried 36 murder cases, he tells me in a phone 
interview. Of these, he says, 3 were death penalty cases.


In another case (not one that he tried), he granted a request from a childhood 
acquaintance - to die on his birthday.


Texas is, perhaps, one of the least likely places to find a prosecutor, even a 
former one, willing to speak out publicly against capital punishment. Since 
1976, according to statistics kept by the Death Penalty Information Center, the 
state far outstrips any other in executions with 527 inmates put to death. By 
contrast, Pennsylvania has executed 3 people over that same period.


If you want to have an erudite conversation about shades of legal gray, Cole 
doesn't seem like your guy. As recounted in a wrenching essay in the Texas 
Monthly (about a decades-old murder trial that still troubles him), Cole became 
known for his uncompromising stances. As a young prosecutor, he had a man 
sentenced to a 45-year prison term for stealing a tractor.


But the DA who had few qualms about imposing tough sentences, and an evident 
and profound respect for justice, had never been a death penalty advocate, he 
says, because it left life and death in one person's hand. Interestingly, it 
is in part the lack of clear criteria for capital punishment cases that 
bothered Cole - where he might view a certain crime as death-penalty-eligible, 
the DA in the next county over would look at the same set of circumstances and 
come to a different conclusion. It became pretty obvious that the death 
penalty is arbitrarily decided depending on the county and the prosecutor, he 
says.


In addition, says Cole, capital punishment cases can be ruinously expensive. 
The increased cost of the death penalty is enormous he says, noting that in 
Montague County, an area with few economic resources, the commissioners had to 
raise the tax rate on the heels of a death penalty prosecution.


Like others during the 1990's, when DNA evidence began to be widely available 
and used in trials, the numbers of exonerations jumped - and it became evident 
that testimony had sometimes been tainted, both by the use of jailhouse 
snitches and the poor judgment of a few prosecutors.


It just showed that we prosecutors had it wrong more often than we thought, 
says Cole. Personally I don't believe keeping the death penalty is worth the 
execution of an innocent person. We can correct incarceration. We can't bring 
someone back to life.


In addition, suggests Cole, political considerations, and the grief of the 
victim's family, may affect a prosecutor's decision to seek the death penalty 
or a less final sentence. Now, he says, prosecutors seem to be seeking death 
penalty verdicts less often, suggesting to him that it's seen as more 
acceptable to make the choice of life without parole. (Texas was one of the 
last states to adopt that as a possible sentence, he says).


Last February, Cole was the keynote speaker at the annual conference of the 
Texas Coalitions to Abolish the Death Penalty. Though he's not surprised that 
he hasn't heard from his former colleagues in DA's offices across the state, 
he's got a hunch that some of them agree that capital punishment is both 
exceedingly expensive and a long drawn-out process (on average in Texas, an 
inmate can spend 12 years on death row before he or she is executed, he says).


As a nation we are moving away from the death penalty, says Heather Beaudoin 
one of the national coordinators for Conservatives Concerned About the Death 
Penalty, a project of the criminal justice reform group Equal Justice.


Beaudoin, who comes from a conservative religious background, works 
particularly closely with evangelicals.


The more we know about the death penalty, the more public opinion has shifted 
away from it, she says. It's just not worth it anymore.


While Cole also emerged from a solidly conservative religious background, he 
says that in the case of capital punishment, it's not religious conviction or 
his 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., FLA., LA., OHIO

[Rick Halperin]

Aug. 13



TEXAS:

David Conley, alleged killer of 6 children, says they were becoming 'monsters'


Inside a segregation cell in a Houston jail, David Conley waits, passing the 
time talking to reporters about the tumultuous relationship he had with his 
on-again, off-again girlfriend over more than a decade. Earlier this week, he 
was charged with numerous counts of capital murder after he allegedly slipped 
through an unlocked window at her home and fatally shot her, her common-law 
husband and her 6 children - 1 by 1 - in the back of the head.


Authorities said Conley, 49, killed Valerie Jackson, 40, her husband, Dwayne 
Jackson, and the 6 children, including his son, 13-year-old Nathaniel.


I love Nate. I love Nate to death, he told KPRC-TV earlier this week. Though, 
he said, he has questioned for years whether he is the child's biological 
father.


Conley spoke Wednesday about the children who were growing into monsters and 
Jackson whom he blamed for letting them run wild like they were gangsters.


I understand how it looks, but it's not like that, he told the Houston 
Chronicle. The Bible says, 'Thou shall respect your mother and father or your 
days shall be short. I'm not God, but you know, then, I'm the man of the 
house.


Conley said his attorney advised him not to talk about the allegations against 
him but in an interview he told a KHOU-TV reporter: I'm only human.


In jailhouse interviews, Conley has instead focused on his relationship with 
Jackson who, over the years, bounced back and forth between him and Dwayne 
Jackson. He claimed Valerie Jackson had cheated on him with Dwayne - a demon 
and a monster who was harassing him.


He tried to pimp out over me and take everything, rule over my house. How 
would you feel? he told KPRC-TV. Dwayne was a monster and Valerie, she was no 
Good Samaritan either. They did evil things all the time.


Conley also said Jackson wouldn't discipline the children so they were growing 
up to be monsters, talking back and refusing to clean up after themselves.


They were disrespectful, rude in school, he told the TV news station. I'm 
not saying they're dead because of that. I'm not even saying I killed them.


When Conley met Jackson in 1999, he said, he was trying to do the right thing 
in life. He had been in trouble for auto theft, cocaine possession and evading 
arrest, according to court records. The next year, the 2 had a daughter.


Jackson's mother has reportedly had custody of the daughter for years.

Around that time, Conley was arrested and charged in a domestic violence 
dispute. Jackson told police Conley had cut her neck, punched her in the face 
and wrapped an electrical cord around the baby's neck. The handling of that 
case became an issue this week after he was charged in the murders when local 
media reported that, given Conley's previous felony convictions, the prosecutor 
in that case could have sought the maximum sentence - 25 years to life - but 
opted in 2002 to accept a plea deal instead for 5 years behind bars.


Conley said the domestic abuse allegations against him were all lies.

Basically what happened to that case is what happens with so many domestic 
violence cases: The victim recanted her story, Jeff McShan with the Harris 
County District Attorney's Office told KHOU-TV.


McShan said Jackson then blamed the alleged abuse on an ex-boyfriend.

We went all the way up to the trial date hoping she would tell the truth about 
what happened, show up for court, but we couldn???t even locate her, he said.


Conley and Jackson then reportedly had a son, Nathaniel, though Conley said 
paternity was never proven.


For years, Jackson went back and forth between Conley and Dwayne Jackson. I 
never tried to hold her back, Conley told the Houston Chronicle, but then she 
would always try to run off and be with him. Conley had 5 children with Dwayne 
Jackson.


Early on, Conley was reportedly married to another woman. His estranged wife, 
Vernessa Conley, told Fox News that Conley had abused her years ago.


He grabbed me by my hair and dragged me out of the bed and he drug me over the 
floor and he took an extension cord, the orange ones that you use, she said, 
and he wrapped it around my neck and I blacked out.


If I hadn't left he probably would have killed me, she added.

Conley and Jackson's troubles came to a head last month when Conley allegedly 
attempted to discipline Jackson's 10-year-old with a belt. Police said she 
tried to grab the belt from him but he slammed her head into a refrigerator. 
Police issued a warrant for his arrest.


Conley told the Houston Chronicle he left the house that he claims he shared 
with Jackson and went to a motel. Ultimately, he decided to move out but, when 
he realized he didn't have anywhere else to go, he went back, according to 
KPRC-TV.


On Saturday morning, Conley discovered Jackson had changed the locks, police 
said, so he slipped through an unlocked window. At some point 

[Deathpenalty] death penalty news----TEXAS, CONN., N.C., GA., LA., OHIO, OKLA., NEB., COLO., CALIF.

[Rick Halperin]

Aug. 12




TEXASstay of impending execution//impending (volunteer) execution

Texas Inmate Set to Die for Killing His Mother Gets Reprieve


A 54-year-old East Texas man set to die this week for his mother's slaying more 
than 11 years ago has won a reprieve from Texas' highest criminal court.


Tracy Beatty had been scheduled for lethal injection Thursday evening for the 
death of 62-year-old Carolyn Click in November 2003. Beatty recently had been 
paroled.


The Texas Court of Criminal Appeals, in a brief order Tuesday, stopped the 
execution pending further orders from the court. It gave no timetable.


Click's body was found buried near her trailer home outside Tyler in Smith 
County. By then, Beatty already was in jail on auto theft and weapons charges.


His attorneys argued Beatty had deficient legal help at his 2004 trial and 
during early appeals and that prosecutors used improper testimony at his trial.


***

Texas inmate who dropped appeals headed to execution


Texas inmate Daniel Lee Lopez has been trying to speed up his execution since 
being sent to death row 5 years ago for striking and killing a police 
lieutenant with an SUV during a chase.


On Wednesday, he's hoping to get his wish.

The 27-year-old prisoner is set to die in Huntsville after getting court 
approval to drop his appeals. A second inmate scheduled to be executed this 
week in Texas, the nation's most active death penalty state, won a court 
reprieve Tuesday.


Lopez is facing lethal injection for the 2009 death of Corpus Christi Lt. 
Stuart Alexander. The 47-year-old officer was standing in a grassy area on the 
side of a highway where he had put spike strips when he was struck by the sport 
utility vehicle Lopez was fleeing in.


Last week from death row Lopez said: It's a waste of time just sitting here. I 
just feel I need to get over with it.


Attorneys representing Lopez refused to accept his intentions, questioning 
federal court findings that Lopez was mentally competent to volunteer for 
execution. They appealed to the U.S. Supreme Court to halt the punishment, 
arguing his crime was not a capital murder because he didn't intend to kill the 
officer, and that Lopez had mental disabilities and was using the state to 
carry out long-standing desires to commit suicide.


It is clear Lopez has been allowed to use the legal system in another attempt 
to take his own life, attorney David Dow told the high court.


Lopez, who also wrote letters to a federal judge and pleaded for his execution 
to move forward, said a Supreme Court reprieve would be disappointing.


It's crazy they keep appealing, appealing, he said last week of his lawyers' 
efforts. I've explained it to them many times. I guess they want to get paid 
for appealing.


Lopez was properly examined by a psychologist, testified at a federal court 
hearing about his desire to drop appeals and was found to have no mental 
defects, state attorneys said in opposing delays in the punishment.


Alexander had been a police officer for 20 years. His death came during a chase 
that began just past midnight on March 11, 2009, after Lopez was pulled over by 
another officer for running a stop sign in a Corpus Christi neighborhood. 
Authorities say Lopez was driving around 60 mph.


Lopez struggled with the officer who made the stop and then fled. He rammed 
several patrol cars, drove at a high speed with his lights off and hit 
Alexander like a bullet and a target, said an officer who testified at 
Lopez's 2010 trial.


When finally cornered by patrol cars, Lopez used his SUV as a battering ram 
trying to escape and wasn't brought under control until he was shot, officers 
testified.


It's a horrible dream, Lopez said from death row. I've replayed it in my 
mind many times.


Deputies found a dozen packets of cocaine and a small scale in a false 
compartment in the console of the SUV.


Records show Lopez was on probation at the time after pleading guilty to 
indecency with a child in Galveston County and was a registered sex offender. 
He had other arrests for assault.


Lopez would be the 10th inmate executed this year in Texas. Nationally, 18 
prisoners have been put to death this year, with Texas accounting for 50 % of 
them.


On Tuesday, another death row prisoner, Tracy Beatty, 54, received a reprieve 
from the Texas Court of Criminal Appeals. He had been scheduled for lethal 
injection Thursday. He's on death row for the 2003 slaying of his 62-year-old 
mother, Carolyn Click, near Tyler in East Texas.


At least 7 other Texas inmates have execution dates in the coming months.

(source for both: Associated Press)

*

Executions under Greg Abbott, Jan. 21, 2015-present9

Executions in Texas: Dec. 7, 1982present-527

Abbott#scheduled execution date-nameTx. #

10-August 12Daniel Lopez--528

11-August 26Bernardo 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., DEL., VA., FLA., ALA.

[Rick Halperin]

May 10


TEXASimpending execution

Appeals court refuses to stop execution set for next week



A federal appeals court has refused to stop next week's scheduled execution of 
a Houston man condemned for the slayings of his girlfriend, her mother and 
grandfather 13 years ago.


Derrick Dewayne Charles, 32, is set for lethal injection Tuesday.

Charles' lawyers argued to the 5th U.S. Circuit Court of Appeals that he is 
mentally incompetent for execution and they need more time and money from the 
courts to pursue their case. State attorneys argue there's no evidence Charles 
is incompetent and that the issue was addressed and rejected in earlier rounds 
of appeals.


An appeal related to the competency claim already is at the U.S. Supreme Court, 
which has ruled inmates facing execution must be aware their punishment is 
about to take place and understand why.


In its ruling late Friday, the 5th Circuit said even assuming Charles has some 
form of mental illness, no evidence in his appeal shows that he does not know 
about his execution or that he does not rationally understand the reason for 
it.


Charles was 19 and on parole in July 2002 when he was arrested a day after the 
bodies of 15-year-old Myiesha Bennett; her 44-year-old mother, Brenda; and 
77-year-old grandfather, Obie, were discovered at their Houston home. Police 
found Charles at a Houston motel where Brenda Bennett's car was found.


Relatives said she wasn't happy about her daughter's relationship with Charles, 
who had a lengthy juvenile record and was on parole from a 3-year prison 
sentence for burglary.


He confessed to the slayings and at his May 2003 trial pleaded guilty to 
capital murder charges. A Harris County jury decided he should be put to death.


According to court documents, Charles said he smoked marijuana soaked in 
embalming fluid before the slayings, then hallucinated while committing the 
killings.


The execution would be the 7th this year in Texas, the nation's busiest death 
penalty state.


(source: Associated Press)








CONNECTICUT:

10 years after execution of Michael Ross, state's death penalty in limbo



Shortly after 2 a.m. on May 13, 2005, serial killer Michael Ross was executed 
by lethal injection.


Ross had spent 18 years on death row, convicted of killing 4 teenage girls in 
1983 and 1984. About a year before his execution, he changed from fighting 
against it to fighting for it.


The change in his position cut short what threatened to be endless appeals, and 
Ross became the 1st person executed in Connecticut in 45 years.


In the decade since then, no one else on the state's death row has come close 
to sharing his fate, and, 3 years ago, the state abolished the death penalty 
for murders committed after April 25, 2012. That's the date on which Gov. 
Dannel P. Malloy signed a ban on capital punishment passed by the state 
Legislature.


Griswold Selectman Steven Mikutel, a longtime former state legislator who 
retired in 2014, voted against the repeal.


The legislators gave the murderers life, and that wasn't justice, he said. 
Life imprisonment without parole is not a moral substitute for the death 
penalty.


When legislators repealed the death penalty, however, they left the men already 
on death row there. For many of them, that decision came mainly as a result of 
a horrific 2007 home invasion in Cheshire in which a mother and her 2 daughters 
were killed by a pair of paroled burglars, Steven Hayes and Joshua 
Komisarjevsky.


The crime outraged the state, and both men were sentenced to death after 2 
sensational trials. In fact, in 2011, then-state Sen. Edith Prague, D-Columbia, 
told CT News Junkie: They should bypass the trial and take that 2nd animal 
(Komisarjevsky) and hang him by his penis from a tree out in the middle of Main 
Street.


A year later, Prague voted in favor of the capital punishment repeal for new 
murderers.


Now 11 convicted killers, including Hayes and Komisarjevsky, still face the 
possibility of sharing Ross' fate.


It's fundamentally unfair to prospectively abolish the death penalty, said 
David McGuire, legislative and policy director of the American Civil Liberties 
Union of Connecticut. It's irrational and unfair to pick an arbitrary date.


In other states, such as Maryland, that abolished the death penalty 
prospectively, governors commuted the death sentences of people on their death 
rows, McGuire said. But Connecticut is 1 of only 3 states in which the governor 
lacks that power.


That leaves us in a unique situation, McGuire said.

A state Supreme Court case may offer clarity.

Eduard Santiago of Torrington was convicted of the 2000 slaying of Joseph 
Niwinski. Santiago appealed his death sentence, and in June 2012, the state 
Supreme Court overturned it, saying the trial judge had not let in significant 
mitigating evidence. After a new trial, Santiago received a 45-year sentence 
instead.


The high court also agreed to hear a 2nd 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., DEL.

[Rick Halperin]

Nov. 13



TEXASimpending execution

Texas Is Going To Execute A Schizophrenic Who Wore A Cowboy Costume To 
Represent Himself In Court



In 1992, Scott Panetti shaved his head. Then, he murdered the parents of his 
estranged wife and held his wife and daughter hostage for a night before 
surrendering to police.


On Dec. 3, Texas plans to execute the 56-year-old for his crimes.

Despite knowing he was severely mentally ill, the court allowed Panetti to 
represent himself - in a cowboy costume. In a clemency petition filed 
Wednesday, Nov. 12, dozens of prominent individuals and organisations urged the 
Texas Board of Pardons and Paroles and Gov. Rick Perry to stop the execution.


Panetti reportedly had his 1st delusion well before his crime. In 1986, he 
embarked upon spiritual warfare with Satan, his sister Victoria wrote in her 
own petition. He tried to exorcise the devil from his home by burying furniture 
in the backyard. That same year, the Social Security administration determined 
his severe schizophrenia entitled him to benefits, according to clemency 
petition.


During his 1995 trial, Panetti acted as his own lawyer. Dressed as a cowboy, he 
reportedly attempted to call over 200 witnesses, including John F. Kennedy, the 
Pope, and Jesus Christ.


Panetti also scribbled and drew crosses on many of his court documents, 
according to a video published by the Texas Defender System along with the 
petition. For that reason, the judge ruled some of Panetti's medical records 
unfit for evidence, according to his father Jack.


He was up there by himself, Jack said in the video. Nonetheless, the Texas 
court system sentenced him to death.


In 1986, the Supreme Court ruled in Ford v. Wainright that executing an insane 
prisoner violates the Eighth Amendment. But the high court never specified a 
definition of mental illness for these purposes, as The New York Times 
reported.


Texas has interpreted the 1986 decision to mean that a person is sane enough to 
be executed if they know why they're being put to death, according to executive 
director of the Death Penalty Information Center Richard Dieter.


That's the issue, he told Business Insider, How narrow can Texas be when 
determining his mental competence? At one point, according to Dieter, Panetti 
made on-record comments implying he understood the nature of his punishment.


Evidence suggests, however, that Panetti's mental state may have changed since 
he made those statements. The devil has been trying to rub me out to keep me 
from preaching, he told The New York Times in 2006 when asked about his 
impending execution. He also mentioned being stabbed in his death row cell by 
the devil.


In 2007, the Supreme Court overturned Panetti's death sentence after finding 
the court hadn't adequately examined whether he was sane enough to be executed. 
A prisoner's awareness of the State's rationale for an execution is not the 
same as a rational understanding of it, the court ruled.


It's not enough to just look at response to one question, Dieter said, 
explaining the court's decision. You have to look at the larger history.


Although the Fifth Circuit court reaffirmed his execution in 2013, Panetti 
hasn't undergone an evaluation for mental competency in nearly 7 years, 
according to the Texas Defender Service. In 2014, the trial court in Kerrvile, 
Texas refused to withdraw or modify his execution date to allow for a 
competency test.


Keith Silverman, a forensic psychiatrist, currently classifies Panetti as a 
paranoid schizophrenic with severe delusions. It's rare that I've seen someone 
that sick, he said in the video. Panetti's medical records show the same, 
according to the petition.


Evidence of [Panetti's] incompetency runs like a fissure through every 
proceeding in his case - from arraignment to execution  [His execution] 
would cross a moral line, the petition, filed by Panetti's attorneys, reads. 
In 2004, the European Union also sent a letter of clemency to Governor Rick 
Perry on Panetti's behalf.


Panetti's case continues a wave of controversy over states executing the 
mentally ill. In August 2013, Florida executed John Ferguson, a 65-year-old 
schizophrenic man who called himself the Prince of God. The Supreme Court 
declined to hear a final argument from his lawyers. Advocates also said Andrew 
Reid Lackey, an Alabama man executed in July 2013, suffered from mental 
illness.


(source: Business Insider)

**

Death row inmate resentenced to life in prison


A convicted murderer whose death sentence for a 2001 slaying in far northeast 
Texas was thrown out by an appeals court has been sentenced to life in prison.


Bowie County prosecutors chose to not seek the death penalty again for 
34-year-old Chris Wayne Shuffield of Texarkana and he was resentenced Wednesday 
to life. He's eligible for parole after 40 years.


Shuffield was convicted of the 2001 shooting death of 36-year-old Lance 

[Deathpenalty] death penalty news----TEXAS, CONN., N.C., GA., LA., OHIO

[Rick Halperin]

Sept. 4



TEXASimpending execution

Death WatchTrottie is scheduled for execution next week


At 11pm on May 3, 1993, 2 days after his come back to me, or else ... ultimatum 
to his estranged, common-law wife Barbara Canada, 24-year-old Willie Tyrone 
Trottie broke into the Houston home of Canada's immediate family and opened 
fire.


Strapped with a 9mm pistol, he ignored the 5 young children in the home but 
wounded Canada's mother, sister, and brother Titus, who by then had begun 
returning fire with his own weapon. Titus hit Trottie, but Trottie persisted, 
eventually finding Barbara in a bedroom, where he shot her 11 times. She died 
there. Bitch, I told you I was going to kill you, Trottie said, before 
returning to Titus and shooting him twice in the head. Canada's 29-year-old 
brother died in front of 2 children.


Trottie was arrested that night and charged with the capital murder of both 
victims. He never testified, and his counsel, Connie Williams, never lobbied 
for a self-defense argument on the brother's murder ??? instead pushing 
unsuccessfully for a lesser offense. A jury convicted Trottie on all charges. 
He was sentenced to death on Dec. 15, 1993.


Trottie's appeals cited general ineffectiveness of counsel, which he argued 
ignored obvious and available defenses ranging from self-defense against 
Titus to a the fact that Trottie virtually always dressed in black (thus 
countering the idea that he'd worn the clothes he wore for the purpose of 
concealing potential blood stains). His attorneys also argued that the state 
suppressed exculpatory evidence (i.e., a letter from Trottie's former probation 
officer maintaining that his strained relationship with Canada probably did 
mess with [Trottie's] head a little), and another citing the prosecutor's 
repeated reference to tape recordings of phone conversations between Trottie 
and Canada that had been ruled inadmissible.


Last July, an appeal for a retrial was denied by the U.S. Court of Appeals. In 
May, Trottie wrote to the website Gawker: My faith in God is still strong. 
Whatever HIS WILL, I'll be content with that.


Trottie is scheduled to be executed on Wednesday, Sept. 10. He'll be the 8th 
person killed by the state of Texas this year, and the 516th since the state 
reinstated the death penalty in 1976. Trottie's is the 1st execution in 4 
months (Manuel Vasquez's August date was ultimately withdrawn, reset still 
pending).


More on Willingham Prosecution

In late July, the New York-based Innocence Project filed a grievance with the 
State Bar of Texas arguing that former prosecutor John H. Jackson violated his 
professional, ethical, and constitutional obligations in his prosecution of 
Cameron Todd Willingham, the man put to death in 2004 for allegedly setting 
fire to his own house, killing his 3 daughters. Central to those allegations is 
the fact that Johnny Webb, a regular inmate of the Texas prison system who 
testified against Willingham, provided a detailed account of how he lied on the 
witness stand after Jackson promised to reduce his sentence. An August story in 
the Washington Post said the Innocence Project has called for a full 
investigation of Jackson's handling of the case. Jackson, now retired from his 
16-year post as a Navarro County judge, could be sanctioned or even criminally 
prosecuted for falsifying official records, withholding evidence from the 
defense, suborning perjury, and obstructing justice.


A Mercy Plea

In August, the American Civil Liberties Union filed an appeal with the Texas 
Board of Pardons and Paroles recommending that Gov. Rick Perry grant clemency 
to Max Soffar, a death row inmate whose guilt is also in question. Soffar, now 
58, was arrested in 1980 for a Houston bowling alley murder of three teenagers, 
after a controversial interrogation that lasted three days yet yielded no audio 
recording. Soffar maintains that he did not actually rob the bowling alley or 
commit the execution-style murder, but mishandled his implicating of a friend 
in an attempt to receive a $15,000 reward. The ACLU notes that Soffar was 24 
years old at the time, had suffered a long history of brain damage and 
substance abuse, and had the mental capacity of an 11-year-old.


The ACLU's appeal deals not with Soffar's alleged innocence, but with his 
rapidly declining health. He contracted liver cancer in 2013, underwent 
ablation in December, but learned in June that he's experiencing tumor 
progression. ACLU attorney Brian Stull reports that the average survival time 
for someone in Soffar's case is estimated at 8.1 months, assuming he takes and 
can tolerate chemotherapy, which has not yet begun, and that's backdated to 
at least June. The ACLU attached seven letters to its petition to the 
governor, including ones from former FBI director William Sessions and former 
governor Mark White, requesting that Soffar be allowed to die at home.


We don't know how long it will take the board 

[Deathpenalty] death penalty news----TEXAS, CONN., N.C., GA., LA., OHIO

[Rick Halperin]

Sept. 3



TEXAS:

Suspect in Kaufman County slayings allegedly plotted 2 other deaths


A former Kaufman County justice of the peace accused of murdering the Kaufman 
County district attorney, his wife and an assistant prosecutor last year was 
also plotting to kill 2 others - including the current district attorney - 
according to court documents filed Tuesday.


Eric Lyle Williams, 47, is charged with capital murder in connection with the 
January 2013 fatal shooting of Kaufman County Assistant District Attorney Mark 
Hasse, 57, near the courthouse. Authorities say 2 months later Williams gunned 
down District Attorney Mike McLelland, 63, and his wife, Cynthia, 65, in their 
home. Williams' wife, Kim, also has been charged with capital murder in the 
deaths.


The latest court documents contend that Eric Williams conspired to kill Kaufman 
County District Attorney Erleigh Norville Wiley, who was appointed in April 
2013. Eric Williams also conspired to kill former state District Judge Glen 
Ashworth, the documents allege.


Wiley and Ashworth could not be reached for comment.

The documents do not explain why prosecutors believe Williams wanted to kill 
Wiley and Ashworth. Wylie was a criminal court judge in Kaufman County before 
being appointed district attorney by Gov. Rick Perry. Williams was Ashworth's 
court coordinator for a time. The documents indicate Williams plotted to kill 
Ashworth as far back as 2005.


Williams was initially arrested April 13, 2013, on a charge of making a 
terroristic threat after authorities said he emailed county officials 
threatening another attack. At the time, officials did not reveal who was 
threatened. He was later charged with capital murder in the slayings of the 
McLellands and Hasse.


One of the documents filed Tuesday by special prosecutors Bill Wirskye and Toby 
Shook seems to indicate that they are likely to prosecute Williams at his 
December trial only in the slayings of Mike and Cynthia McLelland. Prosecutors 
are seeking the death penalty. Also on Tuesday, the defense filed a motion 
seeking to delay the trial.


But Wirskye and Shook want state District Judge Mike Snipes to allow them to 
tell jurors, who will decide Williams' guilt or innocence, about the Hasse 
killing and about a 2012 theft case in Kaufman involving Williams that they 
believe ties him to both slain men. They say that proving their case involves 
showing Eric Williams was acting out a revenge plan against the 2 
prosecutors. According to Wirskye, Williams had no motive to kill Cynthia 
McLelland except that she was at home with her husband.


Eric Williams' attorney Matthew Seymour declined to comment about the filings.

Only in rare circumstances are jurors told about a defendant's prior 
convictions or bad acts before the punishment phase of a trial. Prosecutors 
are expected to argue at a Sept. 12 hearing before Snipes that this should be 
one of the exceptions.


The murder of a prosecutor is a rare event. When that prosecutor is murdered 
outside the courthouse, there is no shortage of suspects - including the likely 
list of defendants from the same murdered prosecutor's past docket, Wirskye 
wrote in the filing. When another prosecutor from the same office and his wife 
are then murdered only 2 months later, it is an unprecedented occurrence. ... 
The list of common defendants, consists of only one defendant - Eric Williams. 
Hasse and Mike McLelland tried only one case together - the hotly contested 
Eric Williams burglary case.


During that trial, McLelland and Hasse portrayed Williams as a thief and a man 
with a violent streak. McLelland told the judge that Williams was bereft of 
honor. McLelland and Hasse pushed for prison time, but Williams got probation.


More allegations

The new court documents also allege:

--Eric Williams sent a message to Crime Stoppers confessing to killing Mark 
Hasse and the McLellands.


--Eric Williams rented a storage unit a month before Hasse was fatally shot. 
The unit was used to store getaway cars connected to both slayings. Eric 
Williams' home computer was also used to conduct Internet searches on Hasse and 
Mike McLelland.


--On the day of the McLelland slayings, Eric Williams dumped a phone, a mask 
and 2 revolvers in Lake Tawakoni. The mask and 1 of the guns were used in 
Hasse's slaying, according to the court documents.


--DNA evidence from earplugs found in the getaway car used in the Hasse slaying 
was linked to Eric Williams.


--Cellphone records show both Eric and Kim Williams were near the area during 
the McLellands and Hasse slayings. --Kim Williams, who filed for divorce after 
their arrests and who has been cooperating with the investigation, is expected 
to testify for the state.


(source: Dallas Morning News)






CONNECTICUT:

The Rev. Al Sharpton speaks against death penalty at Yale


Among mostly Yale University undergraduate students, the Rev. Al Sharpton spoke 
Tuesday on how he is against the 

[Deathpenalty] death penalty news----TEXAS, CONN., N.C., GA., FLA.

[Rick Halperin]

July 11



TEXASnew death sentence

Kenneth Wayne Thomas sentenced to death for murder of prominent attorney

A Dallas jury deliberated only 35 minutes Friday before ordering the execution 
of Kenneth Wayne Thomas for the killing of lawyer and civil rights leader Fred 
Finch last year.


Thomas, 25, who had a prior felony conviction, did not react visibly to the 
sentence, nor did he say anything when he was ushered out of the courtroom by 
bailiffs.


Finch's wife, Mildred, also was stabbed to death last March 16 in their South 
Dallas home, which was ransacked and from which large amounts of clothes were 
stolen.


Evidence indicated that the couple had been stabbed a total of more than 100 
times. Thomas, whose fingerprints were found at the home, was arrested on March 
18 at his home - a few blocks from the Finches' home - wearing an expensive 
watch that belonged to Finch.


Thomas' trial marked the 1st time that a black defendant in Dallas County faced 
the death penalty for killing a black person. He was sentenced to death by an 
all-white jury.


In his closing argument, prosecutor Norman Kinne urged the 4-man, 8-woman jury 
to avoid being lenient with Thomas because the crimes didn't happen in my 
neighborhood.'


Is there a barrier that separates his neighborhood from yours?' Kinne said. 
The day justice is replaced with mercy the streets of this city will flow with 
the blood of your family.'


Many friends and associates of the Finches attended the 10-day trial. Vernon 
Edwards, Finch's stepbrother, said the steady support was inspiring.


Finch, 66, led successful legal fights to desegregate the Dallas public 
schools, the University of Texas at Arlington and Texas Woman's University in 
Denton.


Mrs. Finch, 64, was a math professor at El Centro College. Although Thomas also 
had been charged in her slaying, he was being tried only for killing Finch.


After the verdict, Kinne said a murder charge filed against Thomas' brother, 
Lonnie, 23, would be dropped because there was no evidence that he assisted in 
the crimes.


Thomas' death sentence was delivered less than 3 weeks after David Martin Long 
was sentenced to die by a Dallas jury for killing 3 women in Lancaster last 
October.


Jury selection for 4 other capital murder cases is scheduled to begin at 
separate times this year: in the slayings of a Carrollton convenience-store 
clerk; a Grand Prairie motel clerk; a University Park teen-ager who was killed 
on his 16th birthday during a burglary; and an elderly Oak Cliff couple who 
were killed in their home.


The number of local death penalty cases reflects the increase in serious crime, 
Kinne said.


(source: Dallas Morning News)

*

Texas killer could face death penalty


The Texas man accused of slaughtering 6 members of his ex-wife's family, 
including 4 children, has been charged with murder amid revelations he had 
previously been arrested for domestic violence.


Ronald Lee Haskell, 33, faces the death penalty for multiple counts of capital 
murder.


The heavy-set blond man was in the custody of the Harris County Sheriff's 
Office following an hours-long stand-off with dozens of officers, including a 
SWAT team and hostage negotiators, late on Wednesday.


No bond was set and Haskell is due to be arraigned on Friday.

The motive behind the latest chapter in the epidemic of gun violence plaguing 
the US was not immediately known, but police suspect family troubles led to the 
bloodshed.


Haskell forced his way into the home of his ex-wife's sister in Houston by 
dressing as a FedEx delivery man, according to police.


He demanded to see his ex-wife, Melannie Haskell but she wasn't there so 
Haskell reportedly tied up the family's 5 children - 2 boys aged 4 and 13 and 3 
girls aged 7, 9 and 15 - while waiting for their parents to return home.


Once husband and wife Stephen Stay, 39, and Katie Stay, 33, returned, they were 
also tied up.


Haskell then shot each member of the family in the back of the head 
execution-style.


The 15-year-old teenager survived but was in critical condition. She managed to 
tell police where Haskell was headed, saying the gunman intended to kill her 
grandparents as well.


Katie Stay's father, Roger Lyon, said the family was shocked and devastated 
by the tragedy.


Stephen and Katie Stay and their beautiful children were an amazing and 
resilient family. They lived to help others, both at church and in their 
neighbourhood. We love them beyond words, he said.


Cassidy Stay, 15, who survived the attack, is expected to make a full 
recovery. We are grateful for this miracle.


We are in awe of her bravery and courage in calling 911, an act that is likely 
to have saved all of our lives. She is our hero.


A 20-minute police chase ensued, ending when officers cornered Haskell in a 
cul-de-sac.


During the stand-off, the shooter sat in his vehicle surrounded by about 50 
police with their guns drawn. There were at least 

[Deathpenalty] death penalty news----TEXAS, CONN., FLA., OHIO, ARK., NEB.

[Rick Halperin]

July 10



TEXAS:

Texas inmates reveal what life is like on 'suffocating' death row


They call Huntsville the capital of capital punishment. This small town in 
Texas has the most active death chamber in America.


The debate about the morality of executing prisoners by lethal injection is 
largely bypassing this heavily pro-death penalty state.


Many US states - in fact, polls show that many Americans - are taking a 2nd 
look at this method of killing, following the botched execution of 2 prisoners. 
They were left in visible agony and took many minutes to die after the cocktail 
of drugs being pumped into their bodies failed to do the job cleanly and 
quickly.


Amid the great debate that has been ignited by this grim debacle, one group of 
people have never been asked about their views of death by lethal injection: 
Death row prisoners themselves.


We were granted permission to enter death row in Texas and speak with 2 of the 
next men to be executed. 1 is a double killer, who shot his former girlfriend 
and her brother to death. The other is a hitman for the Mexican mafia who 
strangled a woman.


They spoke to me about their views of their imminent deaths.

Manuel Vasquez says he wants to die because his 15 years in solitary 
confinement is intolerable and does not amount to a life worth living.


Willie Trottie says he is being used as a human experiment since Texas refuses 
to disclose what quantities of the drug will be used as he is strapped down and 
put to death.


Both men say that lethal injection might seem to outsiders as a benign way to 
die, but they believe it is like being drowned. They claim it amounts to the 
cruel and unusual punishment that is outlawed by the US Constitution.


Needless to say the views of these killers will not change minds in Texas, 
where the Death Chamber continues to be busy.


(source: ITV news)

*

Prosecutor: Gunman shot 7 relatives execution style


The suspect in a mass shooting that left 6 people dead, including 4 children, 
and 1 injured tied up his victims and shot each 1 in the head, prosecutors said 
Thursday.


The Harris County Sheriff's Office says Ronald Lee Haskell, 33, was booked 
Thursday on a capital murder/multiple murders charge and held without bond.


Police say Haskell arrived at the home wearing a FedEx uniform and once inside, 
he gathered several children in the home and waited for their parents to come 
home. He then shot seven people. 6 died and 1 girl survived.


He came to this location yesterday afternoon ... and came under the guise of a 
FedEx driver wearing a FedEx shirt, said Harris County Precinct 4 Constable 
Ron Hickman. (He) gathered up the children that were here and awaited the 
arrival of the parents. Sometime later the victims were shot in this residence, 
and we now learned that Mr. Haskell was married to a relative of the residents 
of this home.


Detectives said Haskell knocked on the front door of the home and when the 
15-year-old girl answered he asked for her parents. She told him they were not 
home and so he left.


Investigators said he came back a short time later and asked her again for her 
parents, but this time he told her his name and the girl recognized him as her 
ex-uncle. She tried to close the door on him, but he kicked it in, detectives 
said.


Authorities identified the dead as Stephen Stay, 39, and Katie Stay, 33, and 
their 2 boys, ages 4 and 14; and 2 girls, ages 7 and 9.


Haskell demanded to know the whereabouts of his estranged wife, who was related 
to the Stays.


During Haskell's first court appearance Thursday, prosecutor Tammy Thomas said 
Haskell tied up the family, placed them face down, and then shot each of them 
in the head execution style.


Hickman corrected an earlier report that said Haskell was the father of the 
children. He did not release details of Haskell's relationship to the family, 
but described the adults killed as the children's parents.


Deputies said the15-year-old girl suffered a bullet fracture to her skull. They 
said she played dead until Haskell left and then alerted authorities that he 
was on his way to her grandparents' home to kill more relatives.


A standoff ensued when deputies cornered Haskell in a cul-de-sac in a nearby 
neighborhood. He surrendered after 4 hours.


During the standoff, Deputy Thomas Gilliland said there were 2 hours of 
constant talking with a man armed with a pistol to his head and who had just 
killed 6 people.


Gilliland described the man as in his 30s with a beard and cool as a 
cucumber. He said that when he and other officers first approached, the man 
was just sitting in his car looking out at us.


The surviving teen girl was in very critical condition at Memorial Hermann 
Hospital in Houston as of late Wednesday, Gilliland said.


In a statement released by FedEX officials Thursday, the company extended its 
condolences to all those involved in this tragic incident. The statement 
indicated 

[Deathpenalty] death penalty news----TEXAS, CONN., GA., FLA., OHIO, TENN.

[Rick Halperin]

June 28


TEXAS:

Courthouse shooter files death penalty appeal


The attorney for the Jefferson County Courthouse killer has submitted an appeal 
of Bartholomew Granger's death-penalty conviction.


Granger, 43, was convicted last year of capital murder in Galveston County for 
the March 14, 2012 shooting death of 79-year-old Minnie Ray Sebolt. Sebolt was 
caught in a hail of bullets as she walked into the Jefferson County Courthouse 
while Granger fired at his daughter's mother, Claudia Jackson, running toward 
the safety of the courthouse.


Attorney Dough Barlow argued in his appeal that Granger should not have been 
sentenced to death because the transfer of intent statute used to convict his 
client is not a very often-used vehicle in a death penalty investigation.


Jackson and Granger's daughter, whom he shot and then ran over with his 
vehicle, were witnesses against him in an aggravated sexual assault case in 
Criminal District Court.


Granger's intent to kill his daughter's mother, which would have been capital 
murder because it would have been in commission of another, qualifying crime - 
retaliation against a witness - was transferred to Sebolt, who was shot by 
accident.


Jefferson County Assistant District Attorney Waylon Thompson said he has 
received and responded to Granger's appeal of his death sentence. He said oral 
arguments before the Texas Court of Criminal Appeals might occur in 45-90 days.


In addition to Granger, 3 other Southeast Texas men are on death row awaiting 
execution dates:


John William King, 39, was sentenced to death Feb. 25, 1999 for chaining James 
Byrd Jr., 49, to the back of his pickup truck and dragging him down Huff Creek 
Road in Jasper until he died. King filed for appeal in October with claims of 
evidence that he was not at the scene of the hate crime.


Jamaal Howard, 34, was sentenced to death in 2001 for the fatal shooting of a 
42-year-old clerk who was working in a Silsbee Chevron station. After shooting 
Vickie Swartout in the chest, Howard made off with $114 in cash.


Nelson Mooney, 58, was sentenced to death in 1984 in Liberty County for fatally 
shooting Raymond Garner, 63, of Houston.


(source: Beaumont Enterprise)





*

Speakers share stories in stance against death penalty


Personal stories were voiced as speakers urged listeners to act out against the 
death penalty.


At 10 a.m. Friday in room C156 at the 2014 Texas Democratic State Convention, 
the Texas Death Penalty Abolition Movement held a caucus urging listeners to 
act by signing a petition, handing out fliers and encouraging others to march 
in the 15th Annual March to Abolish the Death Penalty being held Oct. 25 in 
Houston.


Speaker Delia Meyer said that she lost her brother because of the death penalty 
for a crime that he did not commit, and attested that death row victims should 
be treated as humans.


We have to consider having some compassion and mercy, Meyer said.

According to Death Penalty Information Center's Summary of 2013 Year End 
Report, Texas is responsible for the bulk of executions nationwide. Audience 
members voiced their condolences and approval of the abolishment of the death 
penalty as well.


Whether they're guilty or innocent, they still have redeeming possibilities, 
Austin resident J.R. Seabott-Doty said. They could change. If they're mentally 
ill, they could still get care. There's always a redemption and rather than 
kill them, they could be educated or learn to do useful work.


Speaker Jeanette Popp said she lost her daughter at the hands of a murderer. 
However, she said she does not support the death penalty because it is still 
taking the life of another human being.


She stated she will not stain her or her daughter's hands with the murderer's 
blood.


Today, I want to ask you in memory of my daughter to stand together, united 
and strong, Popp said. Speak in one loud voice they can't ignore. We will not 
tolerate being made accessories to murder.


(source: The (Univ. Texas-Arlington) Shorthorn)






CONNECTICUT:

Connecticut high court to hear death penalty case


The state Supreme Court will be hearing arguments on whether a man convicted of 
ordering the 1999 killings of a woman and her 8-year-old son in Bridgeport 
should have received the death penalty.


The court will take up the appeal of Russell Peeler Jr. on Monday.

Peeler was condemned to die for ordering his brother to kill Karen Clarke and 
her son, Leroy B.J. Brown. The boy was a key witness against Peeler in 
another murder case.


Peeler's brother, Adrian, was sentenced to 20 years in prison after being 
acquitted of murder but convicted of conspiring to kill Clarke and her son.


Russell Peeler raised 33 appeal issues, including the rejection of three black 
people for the jury and the 2012 repeal of Connecticut's death penalty for 
future murders only.


(source: Associated Press)






GEORGIA:

Judge wants death penalty hearings 

[Deathpenalty] death penalty news----TEXAS, CONN., VA., FLA., OHIO, TENN.

[Rick Halperin]

June 10



TEXAS:

Texas shooting suspect indicted in 4 more deaths


A North Texas man suspected in a daylong series of shootings that ended with 5 
people dead has been indicted in 4 of those killings.


The indictments returned Friday accuse Charles Brownlow, 36, in the killings 
last year of his mother, his aunt and 2 other people elsewhere in the rural 
community of Terrell, about 30 miles east of Dallas.


He was already indicted in the shooting death of store clerk Luis Gerardo 
Leal-Carrillo.


The attacks began to be uncovered early on the evening of Oct. 28, when 
Brownlow's uncle, Robert Walker, arrived home to discover his wife Belinda dead 
on his son's bedroom floor.


About 30 minutes later, fire units responded to a blaze at the home of 
Brownlow's mother, Mary Brownlow. Firefighters found her body in the smoldering 
remains of the house and police said the fire was clearly arson.


Around 10:30 p.m., police responded to a report of a shooting at another home 
and found Jason Wooden and Kelleye Sluder dead.


An off-duty police officer meanwhile spotted a car that authorities believed 
Brownlow had stolen parked outside a convenience store. As the officer called 
in the sighting, the suspect ran from the store, jumped in the car and led 
police on a high speed chase. He wrecked the car and was found by police hiding 
in a creek.


Leal-Carillo's body was discovered inside the convenience store.

A police affidavit released after his arrest accuses Brownlow of targeting 
seven people in total, suggesting that he had intended to kill two other people 
that day.


Brownlow was also indicted for burglarizing a home with the intent to commit 
aggravated assault.


Brownlow's brother said immediately after the shootings that his sibling had 
been living with his mother and struggled with drug addiction.


Prosecutors have already said in a court filing that they intend to seek the 
death penalty.


Brownlow's attorney, Jack Stoffregen, did not immediately return a phone 
message.


(source: Associated Press)






CONNECTICUT:

Stop charade, fully repeal death penalty


When the General Assembly abolished the death penalty 2 years ago, this 
newspaper said the state should have the courage and consistency to outlaw 
government sanctioned killing in all instances, including the 11, now 12, men 
awaiting execution for death penalty crimes committed before April 25, 2012.


It remains our position that a state-sponsored execution disproportionately 
targets minorities, has no deterrent value, cannot be undone if there is a 
mistake and is a barbaric act that lowers the state to the level of the killer.


Now, we can add the botched execution in Oklahoma that has prompted several 
death penalty states to suspend executions until serious questions about lethal 
injection - the method of execution in Oklahoma and Connecticut - are resolved.


Then there is a practical problem. Connecticut has none of the 3 execution 
drugs required by state law to administer its leftover death penalty and can't 
legally get them.


To kill a person legally in Connecticut, the executioner must use sodium 
thiopental, which induces unconsciousness; pancronium bromide, which paralyzes 
the muscles and potassium chloride to stop the heart.


The Department of Correction has confirmed it has none of these drugs and no 
way to obtain them because many domestic and foreign drugmakers, including 
those in the 28-nation European Union, have objected to using their products in 
executions. This has led to severe drug shortages for executions in most of the 
32 states where the death penalty has not been abolished, as well as in 
Connecticut, where it exists for a dozen men.


There's no state that I know that currently has access to these drugs, 
Michael Lawlor, the state's undersecretary of criminal justice policy told the 
Associated Press. Asked what the state would do to carry out an execution, 
Lawlor said he didn't know. There is no execution imminent in Connecticut, so 
we can wait and see.


There was no execution imminent in 2005 when one of the longtime death row 
inhabitants, Michael Ross, voluntarily gave up his appeal rights and became the 
only person to die of lethal injection in Connecticut. It was the state's 1st 
execution since 1960.


In a state that has abolished capital punishment and has clearly had no 
appetite for it for more than half a century, the current situation borders on 
the grotesque as it does in the 32 states using lethal injection. Ironically, 
this is the method considered the more humane substitute for other, barbaric 
means of legally taking a life.


There's more. We do not know who lethally injected Mr. Ross, but until 2010, it 
was often an anesthesiologist. Since then, the American Board of 
Anesthesiologists has announced it will revoke the working credentials of any 
anesthesiologist who participates in an execution on the grounds that we are 
healers, not executioners, a 

[Deathpenalty] death penalty news----TEXAS, CONN., FLA., TENN., KAN., MO.

[Rick Halperin]

June 7



TEXAS:

AG, Lawyers for Hank Skinner Argue Over DNA in Death Penalty Case


Lawyers for death row inmate Hank Skinner told a court, in documents filed 
Friday, that testing on long-sought-after DNA evidence in his case should be 
enough to forestall his execution. State prosecutors, who also submitted legal 
arguements on Friday, said the same evidence should convince the judge to 
confirm the 52-year-old's death sentence.


Jurors in 1995 found Skinner guilty of strangling and bludgeoning to death his 
live-in girlfriend, Twila Busby, and fatally stabbing her 2 adult sons, Elwin 
Caler and Randy Busby.


Skinner has long proclaimed his innocence. He has said he was so intoxicated 
from a mixture of vodka and codeine that he could not have overpowered the 
victims. Since 2001, Skinner has sought DNA testing to prove his theory that 
the real killer was Busby's maternal uncle, who has since died but had a 
history of violence. State prosecutors agreed to testing in 2012.


Last February, state District Judge Stephen Emmert held a 2-day hearing in Gray 
County on the DNA evidence.


Defense attorney Rob Owen said at the DNA hearing and again in the proposed 
findings of fact submitted to Emmert, that the issue was not whether DNA could 
prove his client is actually innocent. Instead, Owen wrote, the issue is 
whether the jury would have convicted Skinner if the DNA results had been 
available at the time of the trial.


Skinner's defense team argued in the papers filed Friday that 3 hairs found in 
Busby's hands were dissimiliar to any of the residents of the house and could 
give a reasonable juror basis to harbor reasonable doubt about Mr. Skinner's 
guilt.


The statute, as written, asks not whether the newly available DNA results 
necessarily compel the conclusion that the defendant is innoncent of the crime, 
but whether they would have raised reasonable doubt about his guilt, Owen 
wrote.


But in the proposed findings that Texas Attorney General Greg Abbott's office 
filed, state prosecutors argue that the DNA tests proved exactly the opposite, 
that it is reasonably probable that Skinner would have been convicted, in 
1995.


At the hearing in February, the state's expert, Brent Hester, a forensic 
scientist from the Texas Department of Public Safety's Lubbock laboratory, said 
that more than half of the items from the crime scene that analysts tested 
either produced no results or produced results that couldn't be interpreted.


The DNA tests that produced results allowed the state to identify Skinner's DNA 
at 19 new locations at the crime scene, including on a knife blade used in the 
crime and in blood smears on the walls. But, state lawyers emphasized, the DNA 
testing revealed no evidence that Busby's uncle was at the crime scene.




Despite Demand, Halfway Houses Struggle to Provide Care


When Terry Pelz, a former warden with the Texas Department of Criminal Justice, 
testified against a prison gang leader, Mark Fronckiewicz, in the 1993 capital 
murder trial of a fellow inmate, he had choice words for him.


At his best, Pelz said, Fronckiewicz was a true convict. At his worst, he was 
a little turd.


Decades later, after an appeals court overturned Fronckiewicz's death sentence 
and he was paroled, the men became friends. The former inmate, who had found 
work as a paralegal and become a fierce advocate for prisoner rehabilitation, 
had started the Hand Up, a for-profit halfway house for former convicts. It 
was really a turnaround, Pelz said.


Fronckiewicz died last month at a time when the transition program in southeast 
Houston is facing eviction after missing a rent payment.


While demand for transitional housing is high, few former offenders can afford 
the $550 a month they must pay for rent, meals and utilities, said Sheila 
Jarboe-Lickteig, who co-founded the program last year with Fronckiewicz, her 
husband. Advocates for prisoner rights say the conundrum is typical. Few of the 
thousands of offenders released by the Texas prison system each year are able 
to find steady jobs or stable housing, both of which help prevent recidivism. 
Roughly a quarter of them are back in prison within 3 years, according to 
criminal justice department data.


The state has contracts with 7 halfway houses to offer subsidized housing to 
about 1,800 former inmates upon their release. Last year alone, about 72,000 
people were released from state prisons.


It's a problem, said Jorge Renaud, a policy analyst for the Texas Criminal 
Justice Coalition. There is nowhere near the amount of transitional housing 
that we need.


Jason Clark, a spokesman with the criminal justice department, said the agency 
is working to secure additional halfway house beds, but demand remains higher 
than the beds that are available. Priority is given to those who need closer 
supervision and special services or who lack family and community resources, 
he said.

[Deathpenalty] death penalty news----TEXAS, CONN., LA., IND., MO.

[Rick Halperin]

June 5



TEXAS:

A Message to Texas Compounding Pharmacies: Kill secrets, not people

It's no secret that Texas believes deeply in its right to kill, having done so 
more than any other state and already 7 times this year. It's also no secret 
Texas thinks this actually works; as in, killing people gets you what you want, 
teaches people how wrong they are, and is a clear form of communication.


Which is exactly what most killers think: killing works. Elliot Rodger in 
southern California, Army Specialist Ivan Lopez at Fort Hood, Dzhokhar Tsarnaev 
in Boston, Adam Lanza in Newtown and the state of Texas all operate out of the 
same twisted and false narrative: that killing works: it gets you want you 
want, teaches people they are wrong, and is a clear form of communication.


What is a secret though, is where the drugs for our executions are made. 
Attorney General Greg Abbott has recently decided that Texas can keep our drug 
source secret, despite worries from those on death row, a botched execution in 
Oklahoma (that used different drugs), and the fact that the compounding 
pharmacy which makes the drug is not regulated. Without regulation, its 
impossible to know the purity of the drug. Not that there is anything pure 
about a death potion.


Horrified at the thought that somewhere, someone is concocting death serum 
during the day and enjoying a pleasant meal with their family at night, I 
decided to write to the local Compounding Pharmacies in our area.


Why participate in a system with so much doubt and secrecy involved? What's it 
mean when pharmacies across the globe have refused to cook this killing stew 
because they like the entire developed world see capital punishment as barbaric 
and a crime against humanity?


Here's what I wrote and sent to all the Compounding Pharmacies in the Houston 
metro area that I could find:


Until recently I'd hardly known what a compounding Pharmacy was. Texas 
continues to execute death row inmates at a higher rate than any other state, 
and as major pharmaceutical makers have ceased making or selling drugs to the 
state of Texas, Compounding Pharmacies have moved into the headlines as 
providers of Pentobarbitol. Most of these major companies ceased selling their 
drugs to Texas out of moral objections to state-sponsored executions.


I'm writing to implore you NOT to make or sell drugs to the state of Texas that 
will be used for the purpose of executing people. The Hippocratic Oath demands 
that those charged with the health care of the human population do no harm. 
What deeper harm is there than the moral injury done to an entire populace who 
engages in state-sponsored killing?


The Houston Chronicle has consistently been in support of both abolishing the 
death penalty and of open records regarding where Texas is purchasing these 
drugs. You can see a recent Chronicle editorial here.


I invite you, as a Compounding Pharmacy, to make your voice heard and stand 
against both the secrecy in the Texas purchase system and against any 
Compounding Pharmacy that creates and sells these drugs. Will you take a stand 
for moral integrity?


I write as a citizen of Texas, as a true believer that science used well can 
strengthen our just community, and as a local Christian pastor whose leader 
(Jesus Christ) was also killed unjustly by the state.


With kind regards,

If you are, in any way, part of Texas' killing system, please know that you are 
culpable in the deaths of people who were created in the image of God.


Stop, please stop! There is a better way. There's a better way for you to make 
a living and support your family. There's a better way to ensure the peace of 
our state. There's a better way to be in relationship to this issue than 
resignation and hopelessness.


The Roots of Violence

Jesus, the leader of my people, was also killed by the state in a shroud of 
secrecy. His death proved to be the unmasking of the false narrative that 
killing works. In fact, his entire life was directed at helping us see there is 
a better way to build a just society and to make peace. Peace, ultimately, came 
to myself and my people through the blood of his state sponsored killing 
(Colossians 1:20), as he chose forgiveness and friendship over revenge and 
retribution.


You too can act in the name of peace as a follower of Jesus! Embrace a new way, 
a better way, to live. Put down your test tubes, your incessant calls for 
politicians to be tough on crime, your passion for vengeance. And follow 
Jesus, the Prince of Peace.


Let's kill our secrets, not our people.

(source: Marty Troyer is a writer, husband, daddy, and pastor of Houston 
Mennonite Church: The Church of the Sermon on the Mountblog, Houston 
Chronicle)







CONNECTICUT:

Connecticut high court to hear death penalty case


The state Supreme Court has scheduled a rare special session to hear the death 
penalty appeal of Russell Peeler Jr., who ordered the killings of a woman and 
her 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., DEL., S.C., GA., FLA.

[Rick Halperin]

May 29



TEXAS:

Condemned Texas inmate loses Supreme Court appeal


The U.S. Supreme Court has refused to review an appeal from condemned Texas 
inmate Duane Buck, whose supporters contend his death sentence decided by a 
Houston jury 17 years ago unfairly was based on race.


His death sentence is the product of pervasive racial discrimination, 
attorneys Christina Swarns, Kathryn Kase and Kate Black said in a statement 
Wednesday.


Without comment, the high court Tuesday rejected Buck's appeal. The ruling was 
an appeal of a similar rejection in November from the Texas Court of Criminal 
Appeals, the state's highest criminal court.


Buck, 50, was convicted of capital murder and sent to death row for the slaying 
of his ex-girlfriend and a man at her Houston apartment in July 1995. During 
the punishment phase of Buck's 1997 trial, psychologist Walter Quijano 
testified under cross-examination by a Harris County prosecutor that black 
people were more likely to commit violence.


Advocates for Buck, who is black, say that unfairly influenced jurors, who in 
Texas capital cases must decide when deliberating a death sentence whether an 
offender would be a continuing threat. Quijano, called as a defense witness, 
had testified earlier that Buck's personality and the nature of his crime, 
committed during rage, indicated he would be less of a future danger.


Buck's lawyers also insisted Wednesday that Texas violated his due process and 
equal protection rights by reneging on its promise to ensure that Mr. Buck 
received a new, fair sentencing.


Buck's case was among 6 in 2000 that then-Texas Attorney General John Cornyn, 
now a Republican U.S. senator, said needed to be reopened because of racially 
charged statements made during the trial sentencing phase. In the other 5 
cases, new punishment hearings were held and each convict again was sentenced 
to death.


The attorney general's office has argued Buck's case was factually and legally 
different from the five others and that Buck's trial lawyers first elicited the 
testimony from the psychologist. They also said the racial reference was a 
small part of larger testimony about prison populations.


Buck does not have an execution date. He was in a 6-hour window for a lethal 
injection scheduled for September 2011 when the Supreme Court halted the 
punishment.


His lawyers now are in a federal court in Houston arguing the performance of 
his trial attorneys and lawyers early in his appeals was wholly inappropriate 
and that he's entitled to a new punishment trial. State lawyers are opposing 
the appeal.


Buck was convicted of gunning down ex-girlfriend Debra Gardner, 32, and Kenneth 
Butler, 33, a week after Buck and Gardner broke up. Buck's stepsister also was 
shot but survived.


(source: Associated Press)






CONNECTICUT:

Sentencing Death After the Death Penalty's Repeal


In 2012, Connecticut repealed the death penalty for crimes committed after the 
law was changed. That doesn't mean more people won't end up on death row. A man 
convicted of a 2006 triple murder was sentenced to death last week.


On the one hand, the law seems clear. If you committed a crime before the law 
was repealed, and that crime qualified for the death penalty, you may still get 
sentenced to die. If you commit a crime today, the worst fate you can face is 
life in prison.


Mike Lawlor, the governor's undersecretary for criminal justice policy and 
planning, said on WNPR's Where We Live that Connecticut isn't the only state to 
have passed what's called a prospective repeal of the death penalty. Of the 6 
states that have repealed the death penalty in the last few years, he said, 
all of them did it prospectively. There's nothing unique to Connecticut.


Then there's this issue: Lawlor said Connecticut uses lethal injection, but it 
doesn't have any drugs to inject.


Just to be clear, Lawlor said, Connecticut doesn't have the drugs that were 
traditionally used in lethal injection, because they were manufactured in 
Europe, [and] the manufacturer has basically banned their use for this purpose. 
The states that have conducted executions have sort of improvised going to 
these compounding factories. At the moment, we don't have a drug that can be 
used for this purpose. If and when the time comes, we'll have to figure out how 
to obtain such a drug.


Not long ago, Oklahoma officials botched the execution of a man by lethal 
injection and that protocol is now under review. The idea that any of the 
people on Connecticut's death row will be executed seems slim, regardless of 
when they committed their crime. Lawlor said that only two people have been put 
to death by the state in more than 50 years, and they both volunteered.


(source: WNPR)






PENNSYLVANIA:

Pa. Supreme Court Denies Baumhammers' Appeal


The Pennsylvania Supreme Court has ruled in favor of the prosecution in the 
case of convicted mass murderer Richard Baumhammers.


But the long 

[Deathpenalty] death penalty news----TEXAS, CONN., N.C., FLA., LA.

[Rick Halperin]

May 2



TEXASimpending execution(s)

Texas plans 3 executions as courts mull secrecy of lethal drugs


As Oklahoma continues to feel the aftershocks from its botched execution 
attempt on Tuesday, attention is turning to Texas, where a key secrecy ruling 
is expected to be made later this month.


The next US execution is scheduled for 13 May in the nation's most-active death 
penalty state, where Robert Campbell is set to be given a lethal injection for 
the abduction and murder of Alexandra Rendon, a bank employee, in Houston in 
1991.


The 41-year-old will be put to death using the sedative pentobarbital, but the 
source of the drug remains unknown amid a series of legal skirmishes, as in 
Oklahoma, over whether the state is allowed to withhold fundamental details 
about the deadly chemicals in its possession.


Texas has been at the heart of the execution secrecy debate in recent weeks as 
it has continued to execute prisoners after refusing to comply with freedom of 
information requests seeking to reveal the quantity and origins of its latest 
set of drugs.


This onset of coyness contradicted previous rulings by the Texas attorney 
general's office stating that such information should be available to the 
public. While lawyers for the Texas Department of Criminal Justice (TDCJ) and 
death-row inmates litigated the issue in various state and federal courts, 
Texas officials asked the office of Greg Abbott, the state attorney general, 
for a new ruling.


That request was filed on 25 March and the deadline for a decision is 29 May, 
though it can be extended by a maximum of 10 days, according to a spokesperson 
for Abbott's office.


Critics of capital punishment said that the messy and alarming way in which 
Clayton Lockett died in Oklahoma - ultimately of an apparent heart attack after 
the failure of an execution that was to use an experimental drug cocktail - 
underlined the dangers of a lack of transparency.


What we saw in Oklahoma certainly reverberates in Texas, where the TDCJ 
refuses to disclose their drug supply, said Kristin Houle, executive director 
of the Texas Coalition to Abolish the Death Penalty.


The biggest takeaway from Oklahoma is that secrecy doesn't work. The botched 
nature of Mr Lockett's execution started weeks ago when Oklahoma closed its 
doors and refused to provide information to Mr Lockett's lawyers, said Maurie 
Levin, one of the lawyers working on secrecy litigation.


Lawyers for Campbell are considering how to pitch possible last-minute appeals 
in the light of what happened on Tuesday. Officials in Texas should be gravely 
concerned over the events in Oklahoma. Texas, like Oklahoma, continues to 
insist on keeping secret the source of the drugs it uses in executions, which 
precludes any meaningful institutional oversight, said Rob Owen, one of 
Campbell's attorneys.


Transparency is absolutely indispensable to avoiding horribly botched 
executions like Mr Lockett's. We are still considering what steps might be 
taken in Mr Campbell's case to try and ensure no such outrage takes place in 
Texas on 13 May.


The TDCJ updated its website on Thursday afternoon to reveal that another three 
executions have been scheduled for August, September and January.


Litigation related to recent Texas death penalty cases is ongoing as lawyers 
for inmates argue that a lack of available details about drugs which are likely 
sourced from lightly-regulated compounding pharmacies means that prisoners 
cannot be certain they will avoid a painfully inefficient death that violates 
their constitutional right not to suffer a cruel and unusual punishment.


In documents filed to a federal appeals court in New Orleans on Wednesday, 
lawyers seeking transparency in Texas described the current dispute over access 
to information as a stand-off between inmates and executioners.


They added that Lockett's fate gruesomely underscores the importance of 
transparency, judicial oversight, and the crucial importance of keeping some 
doors open to death-sentenced inmates to assert their right to be executed in a 
manner that comports with the eighth amendment's prohibition against cruel and 
unusual punishment.


Lawyers for the TDCJ have previously argued that concerns are baseless since 
the state now has a solid track record of properly carrying out executions 
using single-drug pentobarbital since mid-2012 and has conducted its own 
drug-quality tests.


The state also contends that secrecy is increasingly necessary to ensure 
potential suppliers are not scared off by negative publicity or threats of 
violence made by anti-capital punishment activists. Death penalty opponents say 
that officials have exaggerated the risk and are asking for secrecy as a way to 
hide questionable and ever-more desperate attempts to source drugs that have 
become scarce mainly because of Europe-led boycotts.


Lawyers for Michael Yowell, who was executed last October, alleged in a court 
document 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., N.C., FLA., TENN., KY.

[Rick Halperin]

April 26



TEXAS:

Psychologist says Petetan's mental retardation is moderate


Attorneys for Carnell Petetan Jr. rested their penalty-phase case Friday 
evening after 2 psychologists told the jury that Petetan is mentally retarded.


Prosecutors, who are seeking the death penalty, will call rebuttal witnesses 
Monday morning when the trial resumes, including a mental health expert of 
their own.


The jury in Waco's 19th State District Court convicted the 38-year-old Port 
Arthur native of capital murder on Monday in the September 2012 shooting death 
of his estranged wife, Kimberly Farr Petetan.


The U.S. Supreme Court has ruled that mentally retarded defendants are not 
eligible for the death penalty, and Petetan's attorneys have spent the last 
several days trying to convince the jury that he has mental disabilities.


Petetan, who has been in juvenile detention facilities or prison since he was 
13 years old, has been tested by school counselors and doctors in the past.


Petetan spent 20 years in prison for shooting 2 men and beating a 3rd man into 
a coma with a chair. He had been free 7 months when he killed his wife, whom he 
met as a prison pen pal.


Prosecutor Greg Davis, while cross-examining Dallas psychologist Joan Mayfield, 
noted that the lowest scores Petetan has ever recorded on IQ and related tests 
were after his arrest for capital murder and while he faces a possible death 
sentence.


Mayfield administered 16 tests to Petetan over two days last year at the 
McLennan County Jail. She said he scored poorly and sub-average in areas 
related to intellect, memory, problem solving, academic skills, language, motor 
skills and more.


She told Davis that she is unaware if Petetan knew before her testing if a 
finding of mental retardation would spare him the death penalty. But, she did 
agree with Davis that studies show 54 % of inmates malinger or fake results 
in pretrial testing if lower scores will benefit them.


She said that is why she was careful to monitor Petetan and stopped some tests 
when she thought he was not giving his best effort. At one point, she said, she 
stopped a test because Petetan became so frustrated that he cried 
uncontrollably.


In other defense testimony Friday, Austin psychologist Ellis M. Craig testified 
that Petetan falls into the moderate mental retardation category based on tests 
he conducted. That is worse than mild but less than severe, he said.


Craig testified that he interviewed Petetan and his mother, brother, sister and 
uncle. He said he tries to measure social and practical skills in everyday 
life, such as how one cares for himself, uses money, social skills, 
transportation and vocabulary to assess adaptive behavior.


He said Petetan's adaptive limitations far outweigh his minimal skills.

Cross-examination

During cross-examination, Davis asked how many people on whom Craig based his 
comparative analysis shared Petetan's life of long-term incarceration. Craig 
answered none.


Davis said every person Craig spoke to for his study, all Petetan family 
members, has a vested interest in trying to save his life.


While pointing out potential flaws in Craig's survey scoring system, Davis said 
many daily routine items that Petetan's sister said he could not perform are 
likely things he was never called upon or had the opportunity to do.


Questions in the survey included if he could call to reserve concert tickets, 
call to see if repairs have been done, use a pay phone, sign a lease or if he 
cleans the sink after he brushes his teeth.


If family members said he never did these things, Craig scored a 1 on a scale, 
resulting in a lower score, Davis said.


If I bite my fingernails, I'm going to have a lower score on this test and I 
am going to seem more retarded, aren't I? Davis asked.


Craig answered yes.

Davis said the only time this adaptive testing has ever been done on Petetan 
was when he is facing the death penalty.


Petetan considered testifying during the punishment phase, but elected not to 
after a brief conference with his lawyers outside the presence of the jury. He 
spent three hours on the witness stand during the guilt-innocence phase.


Judge Ralph Strother told jurors Friday that they likely will begin 
deliberating Petetan's fate on Tuesday.


If jurors find Petetan is mentally retarded or that there is other mitigating 
evidence sufficient to warrant a sentence other than death, Strother will 
sentence Petetan to life in prison with no hope for parole.


(source: Waco Tribune)






CONNECTICUT:

State Draws The Curtain On Public Executions


Because the rural town of Brooklyn was a county seat in 1831, it wound up 
hosting what is widely accepted as the last public hanging in Connecticut. A 
jury had convicted Oliver Watkins of strangling his wife, Roxana, on the night 
of March 22, 1829. He was said to have been driven to murder by a young and 
buxom widow of decidedly unsavory reputation, The Courant 

[Deathpenalty] death penalty news----TEXAS, CONN., FLA., MISS., ARK., TENN.

[Rick Halperin]

April 2



TEXASstay of 2 impending executions overturned

Appeals court overturns execution delay


A convicted serial killer is again scheduled for execution on Thursday after a 
federal appeals court on Wednesday overturned 1 of 2 rulings by a Houston 
federal judge's ruling that blocked the executions of 2 condemned killers.


Earlier Wednesday, U.S. District Judge Vanessa Gilmore ordered the executions 
of the condemned men, who argued that the state's failure to disclose details 
about the drugs that will be used to kill them violated their constitutional 
rights.


Hours later, the 5th U.S. Circuit Court of Appeals overturned Gilmore's 
decision ordering prison officials to disclose the names of suppliers of the 
drug used in executions, the powerful sedative pentobarbital, among other 
details concerning the acquisition and testing of the drugs.


The appeals courts agreed with state attorney general's office that Gilmore's 
order was improper and an appeal from the inmates' lawyers was a delay tactic.


The appeals court but back on track the execution on Thursday of Tommy Lynn 
Sells.


The execution of Ramiro Hernandez-Llanas is set for next week. The appeals 
court said it would take up Hernandez-Llanas' case at a later date.


The case is now headed to the U.S. Supreme Court.

(source: Houston Chronicle)

*

Texas executions stayed by federal judge over state's lethal drug source; State 
must provide inmates with information about the source of the drugs it will use 
to put them to death, judge rules



A federal judge in Houston has stopped 2 imminent Texas executions because 
state officials refused to reveal key details about the drugs to be used to put 
the inmates to death.


District judge Vanessa Gilmore issued a temporary injunction on Wednesday 
ordering Texas to provide the lawyers representing inmates Tommy Sells and 
Ramiro Hernandez-Llanas with information about the supplier and quality of a 
new batch of pentobarbital, a barbiturate that is to be used in the lethal 
injections.


Sells was scheduled to die in the Texas state penitentiary on Thursday, and 
Hernandez-Llanas 6 days later. Texas's previous supply of compounded 
pentobarbital expired on 1 April, and the state has repeatedly refused to 
reveal the source of its new drugs, claiming that secrecy is needed in order to 
protect suppliers from threats of violence and intimidation.


Lawyers for the convicted killers argued that Texas's attorney general had 
previously ruled on several occasions that such information must be made 
public, and also said that failing to provide details about the origin, purity 
and efficiency of the drugs harmed the inmates' ability to mount a legal 
challenge over the possibility that they could experience an excessively 
painful death in violation of their constitutional right not to suffer a cruel 
and unusual punishment.


In her ruling, Gilmore agreed, and instructed Texas not to execute the men 
until it has disclosed to the lawyers all information regarding the 
procurement of the drugs Defendants intend to use to carry out Plaintiffs' 
executions, including information about the supplier or suppliers, any testing 
that has been conducted, what kind, by whom, and the unredacted results of such 
testing.


In recent years an EU-led boycott has made it harder for states to source their 
execution drugs of choice, resulting in some states turning to experimental 
drugs and procedures to replace the sequence of three substances that was 
commonly used before the boycott. In its executions, Texas now employs only 
pentobarbital, which is often used to euthanize animals. Last year, it bought a 
supply of the drug from a compounding pharmacy in suburban Houston.


Death penalty opponents argue that, because compounding pharmacies are not 
subject to federal oversight, there is a risk of impurities and inconsistencies 
that could make their products unreliable and cause undue, unconstitutional, of 
suffering.


In a court filing, Texas officials argued that prior executions using 
pentobarbital have taken place apparently without the inmates enduring obvious 
pain and cited a report which says that their latest supply has been tested by 
an independent laboratory and found to be 108% potent and free from 
contaminants.


Gilmore noted in her ruling that the state withheld this information until the 
last minute.


Even though the report is dated March 20, 2014, Defendants have delayed the 
production of the report until just 2 days before the 1st scheduled execution, 
she wrote. That copy, however, has been redacted to exclude important 
information, presumably including the source of the drugs, who performed the 
testing, and where it was performed.


Maurie Levin and Jonathan Ross, attorneys for the two inmates, said in a 
statement that the order honours and reflects the crucial importance of 
transparency in the execution process. We hope that the Texas Department of 

[Deathpenalty] death penalty news----TEXAS, CONN., FLA., TENN., IDAHO

[Rick Halperin]

March 31



TEXAS:

Mexican national on Texas death row loses appeal at Supreme Court; Ramiro 
Hernandez condemned for 1997 of Glen Lich at Kerrville-area ranch



The U.S. Supreme Court has refused to review the case of a 44-year-old Mexican 
national set to die next week for the beating death of a man who employed him 
at his Kerrville-area ranch.


Attorneys for Ramiro Hernandez contended he was mentally impaired and 
ineligible for execution for the 1997 slaying of 48-year-old Glen Lich.


Hernandez, from Tamaulipas, Mexico, also argued he had deficient legal help at 
his trial, contending evidence of a previous murder conviction and prison term 
in Mexico was improperly allowed.


He's set for lethal injection April 9. In a related case, his attorneys are 
arguing in state courts the Texas prison system should be forced to identify a 
new source of pentobarbital used to execute him. Texas prison officials want 
the provider's name kept secret.


(source: Associated Press)

***

Texas Won't Have to Identify Its Execution-Drug Supplier After All


The last time the Texas Department of Criminal Justice secured a cache of 
pentobarbital, the drug it uses to execute prisoners, the Houston-area 
compounding pharmacy that supplied it had second thoughts.


[I]t was my belief that this information would be kept on the 'down low,' and 
that it was unlikely that it would be discovered that my pharmacy provided 
these drugs, Dr. Joseph Lavoi of The Woodlands Compounding Pharmacy wrote once 
the involvement of his business was disclosed. I find myself in the middle of 
a firestorm I was not advised of and did not bargain for.


Here's the thing: ethical debates about the death penalty aside, the identity 
of government vendors is public under state open records laws. It's one of the 
more bread-and-butter tenets of open government; otherwise, how to tell if 
taxpayer money is being well spent?


With the Lavoi-supplied pentobarbital set to expire on April 1 (TDCJ refused 
his demand that it return the drug), and a pair of executions looming, Texas 
again finds itself in the awkward position of fighting to hide the source of 
its new supply of execution drug.


Awkward because Texas Attorney General Greg Abbott's office, which is 
representing the state, is the arbiter of the state's Public Information Act, 
which contains no exemptions for pentobarbital manufacturers. At the same time, 
past experience has shown that releasing their identity will hinder the state's 
ability to get the drug and, by extension, legally execute prisoners.


That's not what the state's actually saying, of course. Arguing last week that 
condemned inmates Tommy Lynn Sells (set to die April 3) and Ramiro 
Hernandez-Llanas (April 9) should not be told the source of the drugs that will 
soon be coursing through their veins, assistant AG Nicole Bunker-Henderson said 
the need for secrecy trumps the need for open government because there has 
been a significant, real concrete threat against similarly situated 
pharmacists.


Maybe so, and if the threats were physical, they should be dealt with by law 
enforcement. But the main threat is clearly to a pharmacy's reputation which, 
if you're supplying execution drugs to the government, seems like fair game.


State District Judge Suzanne Covington split the baby on Thursday, ruling that 
the drug maker's identity should be released, but only to Sells, 
Hernandez-Llanas, and their lawyers. An appeals court agreed on Friday morning 
but, later on Friday, the Texas Supreme Court issued a stay.


A full hearing will take place in mid- to late-April, meaning that, unless 
Sells and Hernandez-Llanas' executions are delayed by a criminal appeals court 
(the Supreme Court handles only civil matters), neither man will be around to 
learn the final outcome.


(source: Dallas Observer)






CONNECTICUT:

Conn. lawyer for death row inmate: 'State will have to kill me before they kill 
my client'



A Connecticut public defender vowed the state will have to kill her before she 
allows it to execute her client in a triple murder case she said never should 
have gone to trial because the defendant is mentally ill.


Assistant Public Defender Corrie-Ann Mainville made the comments in an email to 
the Connecticut Post, the newspaper reported Monday. She told The Associated 
Press that the proclamation was a bit tongue-in-cheek, but she's serious about 
the appeal in the case of Richard Roszkowski.


The 49-year-old Roszkowski was convicted of killing 2 adults and a 9-year-old 
girl in Bridgeport in 2006. A jury recommended the death penalty 2 weeks ago 
after hearing testimony that Roszkowski was mentally ill, and a judge is 
expected to sentence him to lethal injection May 22.


Mainville says Roszkowski has a severe mental illness - paranoid delusion 
disorder - and was high on heroin, crack cocaine and other drugs at the time of 
the killings. She said he never should have been 

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

[Rick Halperin]

Jan. 21



TEXASimpending execution of foreign national

Father of Mexican facing execution in U.S. prays for retrial


The father of Mexican inmate Edgar Tamayo, scheduled for execution in Texas on 
Wednesday, insists his son is innocent, and that his family is praying for a 
re-trial after the Mexican government said the sentence violated international 
law.


Hector Tamayo, who will visit his son on Wednesday, told local radio he has 
faith God will halt the execution.


Edgar Tamayo, 46, was convicted of killing a Houston police officer in 1994 
while he was in the United States illegally.


It is unjust what they want to do, knowing full well that he is not the guilty 
one, that he didn't kill the cop, Hector Tamayo said on Tuesday, speaking from 
Texas. We have faith in God that the execution will be stopped and there will 
be a new trial.


He tells us, his mom and I, that we must be strong, that only God has the last 
word.


The Mexican government said on Sunday the execution violated a 2004 ruling by 
the United Nations' International Court of Justice, which has demanded that the 
death sentences of 51 Mexican inmates, including Tamayo, be re-examined.


The Court ruled the prisoners were not made aware of the right to consular 
assistance at the time of their arrests.


2 of the 51 inmates have already been executed.

The Mexican Foreign Ministry said it attempted to stay the execution through 
various channels, including petitions in Texas courts and from high-ranking 
Mexican officials.


The case has drawn attention from across the world. Tamayo said his family had 
received letters of support from at least 67 countries.


In September, U.S. Secretary of State John Kerry wrote a letter to Texas 
Governor Rick Perry urging him to reconsider Tamayo's execution because it 
could make it more difficult for the United States to help Americans in legal 
trouble abroad.


So far, there has been little sign Texas is willing to reconsider, arguing that 
it is not bound by the International Court of Justice ruling.


(source: Reuters)






CONNECTICUT:

Death penalty trial continued


The death penalty trial of a former Trumbull man, convicted of the 2006 murders 
of a city woman, her 9-year-old daughter and a Milford landscaper, was 
continued for nearly 2 weeks on Tuesday, after defense lawyers disclosed more 
than 1,000 pages of documents they intend to use in their case.


Superior Court Judge John Blawie agreed to delay the trial of Richard 
Roszkowski until Feb. 3 to give prosecutors time to examine the documents.


The jury has already heard 3 weeks worth of testimony, and the defense is 
expected to present at least a week and a half more before jurors decide 
whether to sentence the 48-year-old former handyman to death, or to life in 
prison without release.


Last year Gov. Dannel P. Malloy, an opponent of the death penalty, signed a law 
abolishing it for any new crimes. However, the law left in place the 10 men 
currently on death row. That portion of the law is currently under appeal.


In May 2009, a Bridgeport jury found Roszkowski guilty of 2 counts of capital 
felony, 3 counts of murder and 1 count of criminal possession of a firearm for 
the Sept. 7, 2006, shooting deaths of 39-year-old Holly Flannery, her daughter, 
Kylie, and 38-year-old Thomas Gaudet. Although the same jury that convicted 
Roszkowski of the crime subsequently found he should get the death penalty, the 
verdict was overturned and a new penalty hearing was ordered.


Roszkowski, Flannery's former lover, shot her and Gaudet each once in the head 
on Seaview Avenue. Witnesses said Flannery begged, Don't do it in front of my 
daughter, as Roszkowski held her in a headlock and put the gun to the back of 
her head.


He then chased the girl down the street, shooting her in the back of the thigh, 
in the face and finally the side of the head at close range.


Roszkowski's lawyers did not deny that he killed the victims, but they 
presented nationally recognized medical experts and death penalty opponents who 
testified Roszkowski has brain damage caused by car crashes, hepatitis and 
long-term drug use.


(source: Connecticut Post)






ALABAMA:

Shorter Death Row appeals equal less time to save sinners: 'We're dealing with 
souls here'



Retired Catholic Bishop David Foley of Birmingham is in Montgomery today to 
speak out against an effort to shorten the appeal time in death penalty cases, 
which he says also shortens the amount of time left to save an inmate's soul.


House Bill 194 in the Alabama Legislature, called the Fair Justice Act, seeks 
to reduce the time between sentencing and execution by streamlining the appeals 
process. The House and Senate Judiciary Committees scheduled a joint public 
hearing today. Votes are expected as soon as Wednesday.


Backers of the bill say it is unfair to victims' families that decades can 
elapse between sentencing and execution. Defense lawyers say the shortened 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., S.C., FLA.

[Rick Halperin]

Jan. 6



TEXAS:

Executions under Rick Perry, 2001-present-269

Executions in Texas: Dec. 7, 1982-present508

Perry #scheduled execution date-name-Tx. #

270Jan. 22Edgar Tamayo---509

271Feb. 5-Suzanne Basso---510

272Mar. 19---Ray Jasper---511

273Mar. 27---Anthony Doyle---512

274Apr. 3Tommy Lynn Sells-513

275Apr. 16---Jose Villegas514

276May 13Robert Campbell--515

277May 29Edgardo Cubas516

(sources: TDCJ  Rick Halperin)



Dallas DA Craig Watkins is on record as saying he is conflicted about the 
death penalty, but nothing is further from the truth. Recent DMN articles 
indicating that Dallas County leads the state in producing new death sentences 
make a mockery of Watkins' claim.


He should have the courage to simply admit that he is pro-death penalty and 
that has no problem whatsoever in seeking that penalty against various 
defendants.


As usual, Texas led the nation last year in executions, carrying out 16, more 
than double that of 2nd-place Florida. There are currently 6 executions 
scheduled in Texas between Jan. 9-Apr. 16.


The rest of the nation (and world) is overwhelmingly slowing or ending its 
usage of executions. The Dallas DA seems proud to continue this state's trend 
of adhering to an outdated, racist, error-prone and barbaric practice, all in 
the outrageous name of justice.


 Dallas will never be a truly world-class city as long as it is led by 
individuals who have no problem pursuing policies violative of human rights.


(source: Letter to the Editor, Rick Halperin)






CONNECTICUT:

Penalty phase to begin in murder trial


A jury is scheduled to begin hearing evidence on whether a man should get the 
death penalty for killing 2 adults and a 9-year-old girl in Bridgeport.


The penalty phase of the trial of former Trumbull resident Richard Roszkowski 
is to start Tuesday in Bridgeport Superior Court. The jury has two choices: 
lethal injection or life in prison.


Roszkowski, 48, was convicted in 2009 of capital felony and murder for fatally 
shooting his ex-girlfriend, Holly Flannery, 39, her daughter, Kylie, 9, and 
Thomas Gaudet, 38, in 2006. Roszkowski stalked Flannery after she broke up with 
him and falsely believed she and Gaudet were romantically involved.


(source: Associated Press)






PENNSYLVANIA:

Accused Baby/Grandma Killer Says Police Forced Confession


Raghunandan Yandamuri, who faces the death penalty for the 2012 slaying of a 
Merion County, Penn., Indian American baby and her grandmother, said at a 
pretrial hearing Jan. 2 that police forced him to confess.


In a video interview taken Oct. 26, 2012, Yandamuri described in detail how he 
killed 10-month-old baby Saanvi and her visiting grandmother, Satyavathi Venna. 
But Yandamuri and his attorney are now attempting to suppress the video, saying 
police coerced the young software programmer into confessing that he committed 
the heinous crime.


Yandamuri has pleaded not guilty to all charges. However, in the police video, 
Yandamuri stated that he had plotted the kidnapping of baby Saanvi in an 
attempt to get $50,000 in ransom from her parents, Latha and Venkata Venna 
Konda.


Yandamuri and his wife Komali knew the Kondas before the attack, and were 
frequent visitors to each other's homes.


At the pre-trial hearing, Yandamuri said police were forcing him, and telling 
him he committed the crime. They are forcing me, he said. They are saying, 
'you did it,' said Yandamuri, as reported by The Inquirer.


Police arrested Yandamuri at a blackjack table at the Valley Forge Casino 
Resort near his King of Prussia home. Montgomery County Detective Paul Bradbury 
testified at the pre-trial hearing that Yandamuri willingly cooperated with law 
enforcement after his arrest.


But the Andhra Pradesh native alleged he asked police to let him call his 
pregnant wife, but said they refused. He also alleged that police told him he 
would be unable to see his wife if he did not cooperate, and that he would be 
convicted of a double murder if the case went to trial.


In the 14 months since his arrest, Yandamuri has recanted his initial 
confession to police, saying 2 men were the actual killers.


Montgomery County Court Judge Steven T. O'Neill did not make a ruling on 
whether Yandamuri's confession video would be allowed at the trial.


In his chilling 21-minute interview with police - which has been released by 
several news media, including India-West - Yandamuri stated that he went to the 
Konda's home mid-afternoon Oct. 22, 2012, with a 4-inch kitchen knife, 
intending to kidnap baby Saanvi for a ransom of $50,000. A couple of hours 
earlier, Yandamuri said he 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., FLA., TENN., CALIF., USA

[Rick Halperin]

Dec. 14



TEXASimpending execution//Mexican national//Vienna Convention issues

Mexican Seeks to Avoid Death Penalty in Texas for Killing Police Officer


Less than 6 weeks - that's how much time Edgar Tamayo has to find a way to 
avoid his death sentence for murdering a police officer in Texas.


In January 1994, Tamayo, a native of Mexico, was arrested by agent Guy Gaddis 
after committing a robbery outside a bar in Houston, according to the 
Associated Press.


In an attempt to escape from the police, Tamayo took a firearm he had kept 
hidden and fatally shot the officer. Tamayo already had a criminal record and 
was on parole after committing a previous robbery.


Authorities quickly sentenced him to death, but Sandra Babcock and Maurie 
Levin, his defense team, claimed that during the arrest Tamayo suffered from 
mental problems, and noted that he didn't speak English and had no knowledge of 
his consular rights, important factors for his defense.


Tamayo's lawyers said that he wasn't informed of his right to contact the 
Mexican government, which might have helped gather more evidence for his 
defense, and perhaps modify the jury's result.


Seeking to grant some benefit to his sentence, Tamayo's attorneys said that 
consular relation treaties were not considered during his trial, which could 
grant him another 150 days to change the date of his execution, according to 
EFE.


Tamayo's lawyers handed a 29-page petition to authorities noting that according 
to an international treaty, the Mexican could have received counsel from his 
country's government before authorities decided his sentence.


The prosecutor for Harris County, Roe Wilson, said that Tamayo received all of 
the rights and treatment given to any American citizen, and that the Mexican 
never denied killing Gaddis. Tamayo's execution is scheduled for Jan. 22, 2014 
by lethal injection.


(source: Lation Post)






CONNECTICUT:

Poles push against death penalty


With pressure mounting from the Polish government, the U.S. State Department 
has agreed to investigate the situation involving Trumbull triple murderer 
Richard Roszkowski just days before a jury is set to decide whether he should 
get the death penalty.


Trumbull Deputy Police Chief Michael Harry confirmed he had been contacted by 
an official at the State Department for information about Roszkowski.


We were the detaining agency, but it's was Bridgeport's case, so I don't know 
what we could provide them, said Harry, declining to say what the State 
Department official specifically wanted. But as far as I know, he is an 
American.


A spokeswoman for Secretary of State John Kerry said Friday they were aware of 
the case, but declined comment on it.


The Polish consular officials in New York recently contacted Gov. Dannel P. 
Malloy and Chief State's Attorney Kevin Kane, demanding that the 48-year-old 
Roszkowski, convicted of fatally shooting a Bridgeport woman, her 9-year-old 
daughter and a Milford landscaper in 2006, not receive the death penalty for 
the crimes.


We strongly believe the death penalty should not be imposed against Mr. 
Roszkowski, Agniestka Torres, vice consul and head of the legal section for 
the Polish consulate general in New York, told Hearst Connecticut Newspapers. 
It doesn't matter what crimes he committed.


Polish officials cited a law recently signed by their president, Bronislaw 
Komorowski, banning the death penalty in all circumstances. Although Roszkowski 
was born in the U.S., the Polish government considers him to be a Polish 
national.


Polish officials initially believed both Roszkowski's parents were born in 
Poland, but an investigation by Hearst Media Services determined his father was 
born in Rhode Island.


The Polish citizenship is based on ... blood relations -- it does not depend 
on the place where a person was born, added Torres.


Kane referred Polish officials to Bridgeport State's Attorney John Smriga, who 
said he has no intention of meeting with them on the Roszkowski case.


In May 2009, a Bridgeport jury found Roszkowski guilty of 2 counts of capital 
felony, 3 counts of murder and 1 count of criminal possession of a firearm for 
the Sept. 7, 2006, shooting deaths of 39-year-old Holly Flannery, her daughter, 
Kylie, and 38-year-old Thomas Gaudet. Although the same jury that convicted 
Roszkowski of the crime subsequently found he should get the death penalty, a 
judge later overturned the verdict because the jury had been given a faulty 
instruction, and a new penalty hearing was ordered.


Last week, jury selection was completed for the new penalty hearing, which is 
set to begin Jan. 7.


At least 1 of the jurors selected for the new hearing appears to be of Polish 
heritage.


Roszkowski, a former lover of Flannery, shot her and Gaudet each once in the 
head on Seaview Avenue. Witnesses said Flannery begged, Don't do it in front 
of my daughter, as Roszkowski held her in a headlock and put the gun 

[Deathpenalty] death penalty news----TEXAS, CONN., FLA., MISS., OHIO, KY.

[Rick Halperin]

Dec. 12



TEXASnew death sentence

Jury sends confessed killer to death row


Alton and Darla Wilcox finally received justice after a Brazoria County jury 
condemned the man who stabbed them with a death penalty verdict Wednesday, 
District Attorney Jeri Yenne said.


The 7-woman, 5-man jury needed only a few minutes Wednesday morning before 
returning their verdict in District Judge W. Edwin Denman's Angleton courtroom: 
Death for James Harris Jr.


(source: thefacts.com)

**

Death Penalty Upheld In Fort Worth Slaying


The state's highest criminal court has upheld the murder conviction and death 
sentence given to a Fort Worth man for a 2010 convenience store holdup that 
left 2 men dead.


The Texas Court of Criminal Appeals on Wednesday rejected what attorneys for 
38-year-old Kwame Rockwell said were 21 errors at his Tarrant County trial last 
year. The appeal included claims that evidence was both improperly admitted and 
insufficient to convict him and send him to death row, that some jurors 
improperly were excused and some arguments made by prosecutors in closing 
statements were improper.


A 22-year-old store clerk, Daniel Rojas, and a 70-year-old bread deliveryman, 
Jerry Burnett, were fatally shot.


Rockwell was arrested 4 days later in San Antonio after trying to flee from 
police.


(source: Associated Press)

*

New penalty trial for man on death row since 1986


An El Paso man convicted and sent to death row for the slayings of 2 women 
almost 30 years ago has won a new punishment trial.


The Texas Court of Criminal Appeals on Wednesday agreed with a trial judge's 
findings that Angel Galvan Rivera had poor legal help at his 1986 trial in El 
Paso.


Rivera's appeals lawyers argued his trial attorneys didn't properly investigate 
Rivera's background or present evidence that could have convinced jurors to 
decide on a sentence other than death.


The former cook was 27 when 62-year-old Iona Dikes and 82-year-old Julia 
Fleenor were found strangled at their El Paso home in October 1984. The house 
had been set on fire. Evidence also showed they both had been raped.


(source: Associated Press)

**  impending execution and Vienna Convention issues


Texas Plan to Execute Mexican May Harm U.S. Ties Abroad, Kerry Says


The scheduled execution next month of a Mexican national by the State of Texas 
threatens to damage relations between the United States and Mexico and 
complicate the ability of the United States to help Americans detained 
overseas, Secretary of State John F. Kerry has warned Texas officials.


The Mexican, Edgar Arias Tamayo, 46, was convicted of shooting and killing a 
Houston police officer who was taking him to jail after a robbery in 1994. Mr. 
Tamayo, who was in the nation illegally, was not notified of his right to 
contact the Mexican Consulate, in violation of an international treaty known as 
the Vienna Convention on Consular Relations. That violation, an international 
tribunal???s order for his case to be reviewed and a judge's recent decision to 
set Mr. Tamayo's execution for Jan. 22, are now at the center of a controversy 
that has attracted the attention of the State Department and the Mexican 
government.


Despite Mr. Kerry's involvement, there has been no sign that Texas officials 
plan to delay the execution. On Wednesday, Mr. Tamayo's lawyers asked Gov. Rick 
Perry to grant him a 30-day reprieve and petitioned the Texas Board of Pardons 
and Paroles to commute his death sentence to life in prison. They are using Mr. 
Kerry's letter, sent to Texas officials in September, to highlight the 
international issues at stake.


In 2004, the top judicial body of the United Nations, the International Court 
of Justice, ordered the United States to review the convictions of Mr. Tamayo 
and 50 other Mexican nationals whose Vienna Convention rights, it said, were 
violated and who were sentenced to death in the United States. The 
international court, also known as the World Court, found that United States 
courts had to determine in each case whether the violation of consular rights 
harmed the defendant. In the 9 years since the World Court's decision, no 
United States court has reviewed the Vienna Convention issues in Mr. Tamayo's 
case, said Maurie Levin, one of his lawyers.


In a letter sent to Mr. Perry and the Texas attorney general, Mr. Kerry took 
the unusual step of weighing in on a state death-penalty case, arguing that Mr. 
Tamayo's execution would affect the ability of the United States to comply with 
the international court's order in what is known as the Avena case. The World 
Court???s judgment is binding on the United States, Mr. Kerry wrote, and 
complying with it ensures that the federal government can rely on Vienna 
Convention protections when aiding Americans detained abroad.


I have no reason to doubt the facts of Mr. Tamayo's conviction, and as a 
former prosecutor, I have no 

[Deathpenalty] death penalty news----TEXAS, CONN., DEL., MD., FLA., IND., ARK., TENN.

[Rick Halperin]

Nov. 26



TEXAS:

https://www.change.org/petitions/dallas-county-district-attorney-craig-watkins-stop-the-execution-of-darlie-routier-release-this-innocent-crime-victim?share_id=OSEQsRVApE

(source: change.org)






CONNECTICUT:

Conn. Home Invasion Survivor Welcomes Baby Boy


The Connecticut doctor whose wife and 2 daughters were killed in a 2007 home 
invasion has a new infant son.


The baby was born over the weekend to Dr. William Petit and his new wife, 
Christine, whom he met while she was volunteering for the charity foundation 
that Petit created in memory of his wife Jennifer Hawke-Petit and their 
daughters, 17-year-old Hayley and 11-year-old Michaela.


The Petit Family Foundation helps educate young people, improve the lives of 
those with chronic illnesses and protect those affected by violence.


Hawke-Petit's mother, Marybelle Hawke, has said her family welcomed the 
marriage and encouraged Petit to find peace and joy in his life.


The couple announced shortly before their first wedding anniversary Aug. 5 that 
they were expecting a child.


The family was held hostage for hours and their home in Cheshire was set on 
fire. Petit was beaten, tied up and taken to the basement, but he managed to 
escape and crawl to a neighbor's house for help.


2 men, Joshua Komisarjevsky and Steven Hayes, are awaiting execution for 
killing Hawke-Petit and the couple's daughters.


Petit has campaigned against the repeal of Connecticut's death penalty. He said 
in October that he is considering running for Congress.


(source: Associated Press)






DELAWARE:

The case to be made for death penalty's repeal


I am writing this letter in order to share some conclusions, based on research 
data, concerning the death penalty. I hope readers will take the time to 
reflect upon this important information.


1.The vast majority of law enforcement professionals surveyed agree capital 
punishment does not deter violent crime any better than a sentence of life 
without parole.


2. It costs far more to execute a person than to keep him or her in prison for 
life.


3. Since 1973, more than 130 people have been released from death row with 
evidence of their innocence.


4. Capital punishment prolongs pain for victim's families, dragging them 
through a long and difficult process.


5. Dozens of prisoners have been executed despite suffering from serious mental 
illness.


6. The death penalty is imposed disproportionately upon those whose victims are 
white, offenders who are people of color and on those who are poor and 
uneducated and concentrated in certain geographic regions of the country.


Please share this information with your stare representative and ask for repeal 
of the death penalty in Delaware.


Bill FitzhughMiddletown

(source: Letter to the Editor, Delawareonline.com)






MARYLAND:

Maryland's highest court has rejected a claim by a man on death row that his 
sentence is unconstitutional.



The Court of Appeals ruled on Monday against Jody Lee Miles' claim that the 
Maryland Constitution limits capital punishment to treason against the state 
government. The Daily Record reports (http://bit.ly/1bQyzeM) that the court 
ruled 6-1.


Miles was sentenced to death for the 1997 robbery and murder of theater manager 
Edward Atkinson of Salisbury. He is 1 of 5 men on death row in Maryland.


Maryland lawmakers abolished the death penalty this year, but the five men had 
been sentenced before the law was abolished.


Monday's ruling only affects the 5 condemned men.

(source: Associated Press)






FLORIDA:

Friends:


It is with deep sorrow that we announce the passing of Delbert Tibbs. Delbert 
was Florida's 4th exonerated death row survivor. He was a seminarian and 
warrior-poet for peace, justice, and humanity. His leadership and writings 
touched many thousands. He was the lead character in theaward-winning play, 
The Exonerated. Like most of Florida's 24 exonerated death row survivors, he 
received no compensation from the state. His time on death row may have robbed 
him of his health, but it could not take his grace, dignity, and spirit. 
Delbert fought tirelessly to abolish the death penalty. He did not live to see 
it end in Florida, the state that wrongfully sentenced him and so many other 
innocent people to death. He had many friends and colleagues and will be 
greatly missed. We will remember and pay tribute to him in the struggle to end 
executions in our time.


One for Ten recently made a 6 minute video of Delbert Tibbs.

Pete Seeger wrote this song while Delbert was on Florida???s Death Row: 
Delbert Tibbs by Pete Seeger I'm sitting here on Death Row, Delbert Tibbs my 
name.


Say, won't somebody listen to how that I been framed?

Don't they know my jury was all white?

Don't they know the facts they kept from light?

I need a poem to tell how I been framed

I need a poem to expose this racist game

Say, don't we all need a poem to break these iron bars?

Wouldn't you like 

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

[Rick Halperin]

Sept. 18



TEXAS impending execution

South Texas Gang Member Set for Execution Thursday


Robert Gene Garza says he was 9 or 10 when he joined a far South Texas street 
gang called the Tri-City Bombers.


By age 20, he was on death row, convicted of participating in a 2002 gang 
ambush in Donna in the Rio Grande Valley where four women were shot dead. He's 
also been linked to another shooting where 6 people were killed in Edinburg.


The now 30-year-old Garza is facing execution Thursday evening in Huntsville.

His lethal injection would be the 12th this year in Texas and likely the last 
to use the state's existing supply of pentobarbital as the execution drug. 
Texas prison officials have said their inventory is expiring and they'll need 
to find another source or another execution drug.


Another punishment is scheduled for next week.

(source: Associated Press)

*

Texas Death Penalty System in Urgent Need of Reform: Report


The Texas Capital Punishment Assessment Team, organized by the American Bar 
Association (ABA), today issued a comprehensive report with recommendations to 
help ensure fairness and accuracy in the state's death penalty system.


Evaluating Fairness and Accuracy in State Death Penalty Systems: The Texas 
Capital Punishment Assessment Report is the culmination of a 2-year review of 
Texas capital punishment laws, procedures and practices by an assessment team 
of former judges, prosecutors, elected officials, practitioners and legal 
scholars.


A just system of capital punishment in our legal system requires procedures 
that ensure that only those deserving of the ultimate punishment are sentenced 
to death, and that the public have confidence in the adequacy of the criminal 
justice system to that task, said Jennifer Laurin, Professor at the University 
of Texas at Austin School of Law, and chairwoman of the Assessment Team. 
Texans cannot accept less than the strongest system of checks and balances to 
ensure that our capital punishment system is fair and minimizes the risk of 
wrongful convictions and unjust executions.


Former Gov. Mark White, who oversaw 19 executions during his term, said, I 
know that no decision is as weighty or significant as whether or not to allow 
an execution to go forward and that he is pleased that this report brings 
into clear focus the current state of the death penalty system in Texas and 
recommends prompt action to protect the innocent and provide a fair and 
accurate system for every person who is sentenced to death.


Paul Coggins, former U.S. Attorney for the Northern District of Texas, noted 
that mistakes in the administration of the death penalty lead to serious public 
safety concerns with the innocent being convicted, possibly facing execution, 
while a guilty perpetrator remains free to commit additional crimes. Such a 
flawed process exacts an intangible toll on victims' families.


State and federal courts spend significant time and resources correcting 
errors in capital cases - errors that could have been prevented - to the 
detriment of the vast majority of Texans who rely on the justice system every 
day. We can do better, Coggins said.


Recent reforms like the Michael Morton Act, improved handling of eyewitness 
identifications, and creation of new institutions like the Criminal Justice 
Integrity Unit, the Regional Public Defender for Capital Cases and the Office 
of Capital Writs have all strengthened capital punishment procedures in Texas.


Despite recent progress, assessment team members have identified a number of 
areas in which the state's death penalty system fall far short.


Notably, the Lone Star State appears out of step with better practices 
implemented in other capital jurisdictions, failing to rely upon scientifically 
reliable evidence and processes in the administration of the death penalty, and 
providing the public with inadequate information to understand and evaluate 
capital punishment in the state.


The nearly 500 page report states that the system could be helped with a myriad 
of reforms to correct short-comings in death penalty administration, including 
defense services, procedural restrictions and limitations on state 
post-conviction and federal habeas corpus proceedings, jury instructions, an 
independent judiciary, racial and ethnic minority representation, and mental 
retardation and mental illness.


Of the 500-page Report, team member and former Chairman of the Texas Department 
of Criminal Justice Charlie Terrell noted, This document catalogues numerous 
reasons why I asked to have my name taken off the death row unit in 
Huntsville.


(source: PR Newswire)






CONNECTICUT:

Killer's fate may hinge on Torrington man's case


No jurors were picked in the 1st day of the new sentencing phase of death 
penalty case involving a Connecticut man who fatally shot 2 adults and a 
9-year-old girl in 2006.


Selection of jurors to decide the sentence of Richard Roszkowski, 

[Deathpenalty] death penalty news----TEXAS, CONN., GA., OKLA., NEV., WASH., USA

[Rick Halperin]

Sept. 16



TEXAS:

Plastic surgeon accused of hiring hitman could face death penalty


Thomas Michael Dixon, a successful Amarillo plastic surgeon and businessman, 
now waits alone for the justice system to hone in on his accused role in the 
death of a popular Lubbock physician 14 months ago.


Dixon is accused of paying David Neal Shepard about $9,000 to kill Joseph 
Sonnier III in July 2012 out of jealousy that his former girlfriend was dating 
the Lubbock pathologist.


Matt Powell, Lubbock County's criminal district attorney, has filed notice his 
office intends to seek the death penalty, should Dixon go to trial.


No trial date has been set, however, and prosecutors have 3 murder trials - 1 a 
death penalty case - tentatively scheduled between now and year's end in 
Lubbock County District Courts.


A pretrial conference in the case is tentatively set for Oct. 4.

Shepard is scheduled to be sentenced today after pleading guilty Aug. 29 to 
fatally shooting and stabbing Sonnier in the doctor's Lubbock home on July 10, 
2012.


Dixon faces 2 counts of capital murder - participating in a murder for hire and 
a murder that occurred during the commission of another felony, burglary of a 
habitation. He has been in jail the last 14 months with bail set at $10 
million.


A Lubbock police affidavit used to obtain arrest warrants for Dixon and Shepard 
states the 2 Amarillo men were business associates, but offers no other 
details.


Shepard's roommate, whose information apparently gave detectives the last 
pieces of the puzzle, said Shepard told him Dixon gave him the gun he used to 
shoot Shepard.


In addition, the roommate said, Shepard tried to commit suicide a couple of 
days after the murder by slashing his wrists.


Dixon sewed up Shepard's wound, however, and told him to get away from the area 
for a while.


Earlier this year, Dixon's attorneys filed a request asking prosecutors to 
speed up the discovery process - the portion of the pre-trial period in which 
the defense is given access to the prosecution's evidence and witness 
statements - after police divers searched a lake in Amarillo and retrieved what 
was thought to be evidence in the case.


(source: Avalanche-Journal)






CONNECTICUT:

Death penalty phase begins in Conn. triple murder


Jury selection is beginning in the death penalty trial of a Connecticut man who 
fatally shot 2 adults and a 9-year-old girl in 2006.


The penalty phase of 48-year-old Richard Roszkowski's trial is set to start 
Monday in state Superior Court in Bridgeport.


Roszkowski was convicted and sentenced to death in 2009. A judge overturned the 
death sentence because of an error during jury instructions and ordered a new 
penalty phase.


Roszkowski killed 39-year-old ex-girlfriend Holly Flannery, her 9-year-old 
daughter Kylie and 38-year-old Thomas Gaudet in Bridgeport. Authorities say 
Roszkowski wrongly believed Flannery was having an affair with Gaudet.


Roszkowski's lawyers objected to a new penalty phase. The state Supreme Court 
is deciding whether the state's repeal of the death penalty last year for 
future murders only is constitutional.


(source: Associated Press)






GEORGIA:

Georgia Death Penalty


An Atlanta-based advocacy group, All About Developmental Disabilities, is 
launching a campaign aimed at changing part of Georgia's death penalty law.


The group says Georgia requires a person to prove intellectual disability 
beyond a reasonable doubt to avoid a death sentence. The group says Georgia is 
the only state that requires proof at that level. Most states that impose the 
death penalty have a lower threshold for defendants to prove they are mentally 
disabled, and some states don't set standards at all.


All About Developmental Disabilities says it plans to distribute thousands of 
buttons, hold informal gatherings with legislators, and use social media in a 
campaign that will run through Oct. 15.


The organization provides support services, advocacy and training to families 
living with developmental disabilities.


(source: Associated Press)

*

Jury qualification to begin in small town massacre case


Prosecutors and defense attorneys for Guy Heinze Jr. are scheduled to start 
questioning prospective jurors Monday.


Attorneys could take a full month to pick a jury to hear the death penalty 
trial of a coastal Georgia man charged with killing his father and 7 others in 
a mobile home 4 years ago.


Prospective jurors will be questioned about their opinions on the death penalty 
and their exposure to pretrial media coverage of the slayings.


Final jury selection and the murder trial itself won't take place until Oct. 
15.


Heinze has pleaded not guilty in the August 2009 slayings at the Brunswick 
mobile home he shared with the victims.


(source: actionnewsjax.com)






OKLAHOMA:

Speeding up capital appeals


The U.S. capital appeals process is a broken and costly system that keeps both 
the families 

[Deathpenalty] death penalty news----TEXAS, CONN., DEL., IND., ARK., OKLA., COLO.

[Rick Halperin]

Sept. 8


TEXAS:

A New Law Gives Hope to an Inmate on death row


When Iris Morgenstern, an English teacher, remembers her former student Robert 
Avila, she pictures the towering El Paso teen squeezing a tiny dropper of food 
into the mouth of a scrawny newborn kitten.


Robert is just a really gentle, kind soul, she said.

That is why, more than a decade after he was convicted of stomping to death his 
girlfriend's 19-month-old son in a fit of jealousy, she still cannot believe 
that he is facing execution. Now, after years of fighting to prove his 
innocence, Ms. Morgenstern and Mr. Avila's legal team hope a new law will give 
the death row inmate a chance for a new trial and the opportunity to prove his 
innocence.


In the last legislative session, in the wake of dozens of exonerations in 
recent years based on advances in forensic science, Texas lawmakers approved 
Senate Bill 344. The 1st law of its kind in the nation, it allows courts to 
grant defendants new trials in cases in which forensic science has evolved. On 
Friday, Mr. Avila's lawyers filed a motion under the new statute arguing that 
recent developments in biomechanical science that were unavailable at the time 
of their client's 2001 trial indicate that Nicholas Macias's death may have 
been the result of an accident.


But Jaime Esparza, the El Paso County district attorney, said he was not 
convinced that the jury's verdict, based on scientific testimony and a signed 
confession, was wrong. On Wednesday, a judge will hear arguments from both 
sides as Mr. Avila's lawyers seek the withdrawal of his January 2014 execution 
date to allow time for full consideration of his claims under the new law.


Finality and certainty is important, but we have to also have a criminal 
justice system that is flexible enough to take into account when we have 
scientific advancements and to allow people like Mr. Avila to have their day in 
court, said Cathryn Crawford, one of Mr. Avila's lawyers at the Texas Defender 
Service, which represents death row inmates.


Mr. Avila's 2001 conviction hinged on El Paso County prosecutors' theory that 
while baby-sitting his girlfriend's 2 children, Mr. Avila became jealous of the 
baby Nicholas and stomped on him.


The Navy veteran, then a 28-year-old with no criminal background or history of 
violence, contended that he was innocent and that he had been out of the room 
when the baby was injured. He said he learned that the baby had stopped 
breathing when the older child, a 4-year-old who had been fixated on televised 
wrestling shows, came into the living room where Mr. Avila was watching TV and 
told him that he had held his hand over his little brother's mouth. Mr. Avila's 
trial lawyers suggested that some other adult may have caused the fatal 
injuries.


Jurors rejected the notion that the only other person in the house at the time 
- the toddler - could have caused such damage. Dr. George Raschbaum, a 
pediatric surgeon, explained that the baby's injuries were so severe that the 
4-year-old could have caused them only if he had jumped from a height of 20 
feet. The jurors also saw a signed confession, which Mr. Avila has disavowed, 
in which he wrote, I don't know what came over me, but I walked over and 
stamped on him with my right foot.


It was the 2nd of 2 statements Mr. Avila gave the night of the baby's death. In 
the 1st, he adamantly denied hurting the child. The other, he alleges in legal 
filings, was written by officers while he slept. Mr. Avila said the detective 
who told him to sign the 2nd statement after he awoke told him it was simply a 
clarification of the 1st.


At the end of a 3 1/2-day trial, the jury found Mr. Avila guilty and sentenced 
him to death.


Ms. Crawford, Mr. Avila's court-appointed lawyer, said that after his previous 
appeals failed she hired a scientist to examine the evidence that doctors used 
in 2001 to determine the child's cause of death. In an April 2013 affidavit, 
Dr. John Plunkett, a forensic pathologist, wrote that only a few scientists 
understood the importance of biomechanics in child deaths at the time of Mr. 
Avila's trial.


It is mandatory and in the interest of justice for a qualified physicist or 
biomechanician to perform the appropriate tests, quantifying the potential 
forces required to cause Nikki's intra-abdominal injuries, he wrote.


Dr. Chris Van Ee, a biomedical and mechanical engineer who specializes in using 
impact biomechanics and accident reconstruction to identify the causes of 
injury, performed a laboratory experiment in May 2013. Using information from 
the case, he set out to determine whether a child jumping about 18 inches from 
a mattress onto an infant could cause fatal injuries.


Results from the testing indicate that a child approximately the size of 
Nicholas's older sibling jumping off of a bed landing feet first onto another 
child's abdomen could produce abdominal impact forces as large as 400-500 
lbs., Dr. 

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

[Rick Halperin]

July 25



TEXASnew execution date

Arthur Brown has been given an execution date of October 29; it should be 
considered serious.


Executions under Rick Perry, 2001-present-263

Executions in Texas: Dec. 7, 1982-present502

Perry #scheduled execution date-name-Tx. #

264-July 31---Douglas Feldman-503

265-Sept. 19--Robert Garza504

266-Sept. 26--Arturo Diaz505

267-Oct. 9-Michael Yowell-506

268Oct. 16Larry Hatten---507

269-Oct. 29---Arthur Brown---508

270Nov. 12-Jamie McCoskey-509

271Jan. 15-Rigoberto Avila, Jr.510

272---Feb. 5---Suzanne Basso---511

(sources for both: TDCJ  Rick Halperin)

***

Erath County grand jury indicts alleged killer of Chris Kyle


The man who allegedly shot and killed the author of American Sniper, Chris 
Kyle, and his friend, Chad Littlefield, was indicted Wednesday by an Erath 
County grand jury, according to District Attorney Alan Nash.


Eddie Routh, the former Marine accused of killing Kyle and Littlefield Feb. 2 
at a gun range at Rough Creek Lodge was indicted for capital murder.


If convicted, Routh could face the death penalty.

We are restricted by what we can say at this time, Nash said following the 
indictment.


Judge Jason Cashon has placed an order restricting law enforcement officials, 
the prosecution and defense from communicating with the media.


Nash said he does not know when a trial will begin.

Stephenville attorney Shay Isham and Fort Wort attorney Warren St. John are 
representing Routh.


Routh's family has said in the days and months leading up to the double 
slaying, Routh had been deeply troubled and had been at the Dallas V.A. Medical 
Center on Jan. 29 for an outpatient, follow-up visit.


His parents, Raymond and Jodi Routh, had reportedly begged the hospital not to 
release their son the week before because he was suicidal and they feared he 
would hurt someone else, Isham said in a previous interview.


Kyle was a former Navy SEAL who served 4 tours in Iraq. He was dedicated to 
helping veterans with post traumatic stress disorder, a condition Routh was 
reportedly struggling with.


Jodi Routh had reportedly sought Kyle's help with her son's treatment.

Kyle and Littlefield had taken Routh to the gun range for a form of therapeutic 
target practice when Routh turned on the men, shooting and killing them both.


Routh is being held on a $3 million bond at Erath County Jail.

(source: waxahachietx.com)

*

Iraq war veteran indicted in death of former U.S. military sniper


An Iraq war veteran accused of gunning down former U.S. Navy SEAL Chris Kyle, a 
decorated military sniper, at a Texas shooting range was indicted by a grand 
jury on Wednesday.


Eddie Ray Routh, 25, faces a capital murder charge for allegedly killing Kyle, 
38, and a neighbor of Kyle's, 35-year-old Chad Littlefield, with a 
semiautomatic pistol in February at a shooting range near Fort Worth.


The charge is punishable by life without parole or the death penalty.

The victims were at a shooting range designed by Kyle at the Rough Creek Lodge, 
an upscale retreat about 50 miles southwest of Fort Worth that offers horseback 
riding, fishing, golf, shooting sports and other outdoor activities.


Kyle and Littlefield took Routh to the shooting range to try to help him relax 
and deal with personal problems, police have said.


After the shooting, Routh drove in Kyle's truck to his sister's home in 
Midlothian, a Dallas suburb, and confessed to shooting the 2 men.


In a 911 call to Midlothian police, Routh's sister and her husband told the 
dispatcher that Routh suffered from post-traumatic stress disorder and had 
recently been a patient at a mental hospital.


Routh was on active duty in the Marines from 2006 to 2010, and is currently a 
reservist. He served in Iraq in 2007 and in Haiti following a devastating 
earthquake there in 2010, and received several medals, including 1 for good 
conduct.


Kyle served 4 combat tours of duty in Iraq and elsewhere, and he won 2 Silver 
Stars and 5 Bronze Stars for bravery, according to his book, American Sniper: 
The Autobiography of the Most Lethal Sniper in U.S. Military History.


After leaving the Navy, Kyle founded Craft International, a firm that provided 
combat and weapons training to military, police, corporate and civilian 
clients.


Kyle is the co-author of another book, American Gun - A History of the U.S. in 
Ten Firearms, which will be published in May.


(source: Reuters)






CONNECTICUT:

Petit family killer on death row could ask for new trial after 'defense was 
never told about 911 calls where police refused to send hostage 

[Deathpenalty] death penalty news----TEXAS, CONN., S.C., GA., ALA.

[Rick Halperin]

July 23



TEXASnew execution date

Child Killer's Execution Date Set for October


A man on death row since 1996 now faces an execution date in October for the 
murder of a little boy in Corpus Christi's northside.


In September 1995, then 21-year-old Larry Hatten broke down the back door of a 
home on Sam Rankin and opened fire with a .357 pistol.


Resident Tabitha Thompson was shot 4 times, but survived. Her 5-year-old son 
Isaac Jackson died from 1 gunshot wound.


Hatten learned his execution date last week from District Judge Missy Medary.

(source: KRIS V news)

***

Executions under Rick Perry, 2001-present-263

Executions in Texas: Dec. 7, 1982-present502

Perry #scheduled execution date-name-Tx. #

264-July 31---Douglas Feldman-503

265-Sept. 19--Robert Garza504

266-Sept. 26--Arturo Diaz505

267-Oct. 9-Michael Yowell-506

268Nov. 12-Jamie McCoskey-507

269Jan. 15-Rigoberto Avila, Jr.508

(sources for both: TDCJ  Rick Halperin)






CONNECTICUT:

'The Cheshire Murders': HBO Documentary Reveals An Added Level Of Horror To 
Unspeakable Connecticut Crime



The circumstances surrounding the small-town murders of Jennifer Hawke-Petit 
and her 2 young daughters, the subject of the chilling HBO documentary The 
Cheshire Murders, are so impossible, so unreasonable, that it's hard to 
believe they happened at all.


When it hits you on a gut level it kind of shuts down your brain, said David 
Heilbroner, a former prosecutor who co-directed The Cheshire Murders with 
Kate Davis.


On July 23, 2007, 6 years ago Tuesday, the Petit family - William, Jennifer and 
their daughters Haley, 17, and Michaela, 11 - were the victims of a home 
invasion turned triple murder at the hands of Steven Hayes and Joshua 
Komisarjevsky, career burglars who had never killed before. After holding the 
family hostage for hours in their Cheshire, Conn., home, Hayes drove Jennifer 
to a nearby Bank of America branch, demanding that she withdraw $15,000 in cash 
or her family would be killed. Less than an hour later, Jennifer was dead of 
strangulation, and Haley and Michaela were dead of smoke inhalation after the 
killers doused the home with gasoline and set it on fire. Jennifer was raped 
and Michaela sexually assaulted before they died. William Petit, who was 
severely beaten and tied to a post in the basement, managed to escape and crawl 
to a neighbor's home for help just before the house went up in flames. All of 
this happened while the Cheshire police were setting up a perimeter just 
outside the home, on a quiet but populated residential street.


For Jennifer Hawke-Petit and her 2 daughters to die that Monday, everything 
that could have gone wrong must have; multiple lifetimes' worth of bad luck had 
to have descended on this good-natured, respectable family in the hours between 
a Sunday afternoon trip to the grocery store and the violent deaths less than a 
day later.


Komisarjevsky, who is repeatedly alluded to in the film as a suspected 
pedophile, became interested in Jennifer and Michaela when he spotted the 
mother and daughter in a grocery store the day before the killings. Guessing, 
correctly, that they were part of a prosperous family who lived in a nice home, 
he followed them there from the grocery store and made plans to come back later 
that night with Hayes to burglarize the place. What happened next and why 
remains a mystery; the only thing that is certain is Hayes' and Komisarjevsky's 
guilt: Both offered to plead guilty and accept life in prison without the 
possibility of parole. But the prosecution demanded the death sentence, and the 
killers' fates became entangled in a politically charged legal battle around 
the death penalty in the state of Connecticut.


For a film that shines a light on incomplete police accounts and timeline gaps, 
The Cheshire Murders leaves us with many unanswered questions. At what point 
did the burglary become murderous, and why? Why was Jennifer allowed to walk 
out of the bank alone with $15,000 in cash, when just a few minutes' delay 
could have allowed police to apprehend Hayes there? What were the police 
outside the home doing while Jennifer and her daughter were being assaulted? 
Perhaps because the film begins with burning questions about why law 
enforcement did not meaningfully intervene sooner, it's easy to expect that the 
documentary will examine with a fine-tooth comb what appears by all accounts to 
be a tragically flawed police response.


But The Cheshire Murders does not purport to be a substitute for, or to 
correct, a botched investigation; and in any event, the Cheshire police were 
far from forthcoming about some important details. Instead the film devotes 
much of its 

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

[Rick Halperin]

July 22



TEXAS:

THE TEXAS 500


In case you didn't notice, with all the recent fanfare involving 
ground-breaking Supreme Court decisions, government spying, or the demise of a 
Southern cooking empire, Texas - where they do everything on a grand scale - 
carried out its 500th modern execution. Modern, that is to say, since 1982, 
when the death penalty was resumed in that state.


500 executions in 31 years! Unpardonable. The size of a small town. What a 
dreadful waste of human life. The life sentence alternative at least exonerates 
vengeance. Yet, is there no other humane possibility?


In the late 1960's, shortly after the UK abolished the death penalty, I was 
invited to speak at the Annual Meeting of the Scottish Prison  Borstal 
Govenors' meeting where their main concern was what to do with prisoners 
serving life sentences, especially those who were young? The only suggestion 
that had been put to them was transferring such prisoners to another prison for 
a month each year as a kind of busman's holiday!


I proposed an alternative which not only spares human life, but allows 
prisoners another opportunity to pay their debt to society by helping us better 
understand the criminal mind. After all, every man or woman on death row was 
once a child - what went wrong? And who could better tell us than that person?


No Pie-in-the-sky

What I proposed,  have been advocating for the past 45 years, was several 
crime labs whereby prisons would operate in collaboration with university 
criminal justice schools - much like the arrangements medical schools have with 
hospitals - combining teaching and research with treatment. Only this idea 
would include prisoners collaborating with the professors as teachers  as 
researchers. If they also became better human beings, well that would be a 
spin-off.


Could prisoners be interested in self-study? Years ago psychologists at 
California's hard-boiled San Quentin Prison studied the records of its most 
violent prisoners, and then asked a number of them if they would be interested 
in working on a project to study violence of their most notorious. Indeed, they 
were interested. The psychologists taught them how to interview the other 
prisoners  then they formed a study group where they scrutinized their 
results. Remarkable. Their important book, Violent Men (Aldine 1969) tells what 
they found out - not only what but how they got their information: From  by 
their most violent.


A Crime Lab would give criminology professors a living laboratory for study and 
research in criminal behavior; a place where they could conduct various kinds 
of treatment  study its effectiveness, while offering students a place for an 
internship in preparation for their life's work. It would give the prison new 
life as well as a new humanizing purpose - not merely custodians, but 
contributors to understanding and dealing with one of our most serious social 
problems.


Executing 500 potential criminology teachers  researchers is an incalculable 
loss to our nation???s treasure at a time when their know-how is so sorely 
needed.


(source: dagblog.com)






CONNECTICUT:

TV review | The Cheshire Murders: Chilling documentary can???t fill all 
gapsTelevision News



Conventional wisdom suggests that a strong documentary answers questions.

In some cases, as with The Cheshire Murders, the answers to fundamental issues 
are unknowable.


The powerful movie, premiering tonight on HBO, details the horrific 2007 
murders of Jennifer Hawke-Petit and her daughters - Michaela, 11; and Hayley, 
17 - during an invasion of their home in the idyllic town of Cheshire, Conn.


Dr. William Petit was also brutalized during the attack but escaped before 2 
sociopathic invaders strangled his wife, raped her post-mortem, raped the 
younger daughter, poured gasoline on the 2 girls, and set them and the house on 
fire.


One aspect of the case that should be known but isn???t: Why did the Cheshire 
police apparently get to the house only moments after being alerted by a Bank 
of America manager that the Petit family was being held hostage in their home - 
yet remain outside for nearly 1/2 an hour while heinous incidents played out 
inside?


In the film by Kate Davis and David Heilbroner, police say only that it is 
department policy to avoid detailing officers' work at a crime scene.


There is much more to the story, though, than the graphic details of the 
invasion and whether the police could have intervened earlier. The case became 
a pivotal issue in the debate over the death penalty in Connecticut - which 
represents a big part of the film.


Steven Hayes and Joshua Komisarjevsky were arrested while fleeing the burning 
Petit house on the morning of July 23, 2007. Two years later, the Connecticut 
General Assembly voted to repeal the death penalty, which had been reinstated 
in 1973. The repeal was vetoed by Gov. Jodi Rell, in part because Hayes and 
Komisarjevsky had yet to be 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., VA., GA.

[Rick Halperin]

July 11



TEXASimpending executions

Death Watch: 501 and 502; After a short break, Texas resumes executions


Just 4 days before Thanksgiving 2002, John Quintanilla walked into the Action 
Amusement Center in Victoria, Texas, wearing a mask and gloves and brandishing 
a high-powered rifle. He was there to rob the place, but things went sideways. 
When retired law enforcement officer Victor Billings, there with his wife 
Linda, tried to intervene, Quintanilla shot him 3 times in the chest, killing 
him. On July 16, Quintanilla is set to become the 501st inmate executed in 
Texas since 1982.


Quintanilla was picked up on Jan. 14, 2003, on a warrant from another county 
for an unrelated robbery. He was read his rights and questioned, first about 
the robbery and then, later, when Victoria police showed up, about the 
amusement center slaying. Although a Victoria investigator again read 
Quintanilla his rights, he failed to tell him that he would be provided an 
attorney if he could not afford one. Quintanilla never invoked his right to 
counsel and ended up making a statement that connected him to Billings' murder. 
He was then charged, convicted, and sentenced to death for the slaying.


On appeal he argued that the statements he made should have been excluded from 
evidence because of the failure of the cops to read a portion of the Miranda 
warning. Moreover, he's argued that his trial attorneys were ineffective for 
failing to present mitigating evidence that might have convinced the jury to 
impose a life sentence instead of death. Those claims have been rejected by the 
courts. Quintanilla was Mirandized multiple times before the Victoria detective 
delivered a subsequent, and faulty, admonition - one that was not required by 
law. And he specifically declined to let his lawyers present any mitigating 
evidence during the punishment phase of his trial; indeed, he said during a 
post-conviction hearing that he wanted the death penalty, if found guilty.


Just 2 days after Quintanilla's scheduled execution, the state is set to 
execute Vaughn Ross, who would be the 10th inmate executed this year.


Ross was convicted in September 2002 for the murder of Viola Ross (no relation) 
and Douglas Birdsall. The pair was found murdered in Birdsall's car, which was 
found abandoned in a ravine in Lubbock. Inside the car, police found glass from 
a car window, several .38-caliber shell casings, and the tip of a latex glove; 
in an alley just yards from Ross' apartment, police investigating a call of 
shots fired found glass, blood, and a shell casing - one that matched those 
pulled from Birdsall's car. A day later, Ross accompanied his girlfriend, 
Viola's sister, to the police station where he told police he did not get along 
with Viola, and had argued with her the night she was murdered. Ross consented 
to a search of his apartment, where police found latex gloves and a 
bloodstained sweatshirt; the blood matched Birdsall's, according to court 
records.


On appeal, Ross argued, in part, that he had received ineffective assistance of 
counsel because his trial attorneys had failed to investigate and present 
evidence of the criminal history of his former girlfriend, Regina Carlisle, 
whom Ross pleaded guilty to assaulting in 1997. Carlisle said Ross had stabbed 
her and stolen her car; police found that Carlisle had numerous stab wounds, 
including a laceration to her neck that was potentially life-threatening, 
according to court records. Ross argued that Carlisle's criminal history might 
have served to undermine her credibility. He also argued that his attorneys 
failed to present mitigating evidence that might have spared his life. On both 
counts the appellate courts disagreed, affirming Ross' conviction and death 
sentence.


On July 18, he would be the 502nd inmate put to death in Texas since the death 
penalty was reinstituted in 1982.


(source: Austin Chronicle)





*

Albert Love trial: It was like a battlefield


A Waco man who was shot 6 times while sitting in a car at the Lakewood Villas 
apartments said the ambush assault was like a battlefield.


Deontrae Majors, 23, testified Wednesday in Albert Leslie Love's capital murder 
trial that he jumped out of the car, ran through a barrage of gunfire and 
somehow escaped death by running to a nearby apartment.


I don't know how I got up, but somehow I got up and ran, he said, describing 
how he was shot in the foot as he left the car. I had heard gunfire before, 
but never before in my life like that.


Love, 26, who prosecutors have alleged was wielding an AK-47-style assault 
rifle during the attack, is on trial in the shooting deaths of Tyus Sneed, 17, 
and Keenan Hubert, 20, who were in the back seat and died in the car.


Majors and Marion Bible were in the front seat but fled to safety. Both men 
were wounded and hospitalized after the attack.


Sneed and Hubert suffered 8 gunshots each.

Prosecutors Michael 

[Deathpenalty] death penalty news----TEXAS, CONN., N.C., GA., IND.

[Rick Halperin]

June 30



TEXAS:

From America's Busiest Death Chamber, a Catalog of Last Rants, Pleas and 

Apologies Texas Department of Criminal Justice

Karl Eugene Chamberlain went to his neighbor's apartment that night in Dallas 
under the pretense of borrowing sugar. He returned later, forced her into a 
bedroom, bound her hands and feet, raped her and then used a rifle to shoot and 
kill her. His victim, Felecia Prechtl, 29, was a single mother with a 
5-year-old son.


11 years after he was convicted of capital murder, Mr. Chamberlain, 37, was 
strapped to a gurney in Texas' execution chamber at the Walls Unit prison here 
and was asked by a warden if he had any last words. Thank you for being here 
today to honor Felecia Prechtl, whom I didn't even know, he told her son, 
parents and brother on June 11, 2008. I am so terribly sorry. I wish I could 
die more than once to tell you how sorry I am.


His words did not die with him. Texas wrote them down, kept them and posted 
them on the Internet.


The state with the busiest death chamber in America publishes the final 
statements of the inmates it has executed on a prison agency Web site, a kind 
of public catalog of the rantings, apologies, prayers, claims of innocence and 
confessions of hundreds of men and women in the minutes before their deaths.


Charles Nealy asked to be buried not to the left of his father but to the right 
of his mother. Domingo Cantu Jr., who dragged a 94-year-old widow across the 
top of a chain-link fence, sexually assaulted her and then killed her, told his 
wife that he loved her and would be waiting for her on the other side.


The condemned praised Allah and Jesus and Sant Ajaib Singh Ji, a Sikh master. 3 
cheered for their favorite sports teams, including Jesse Hernandez, whose 
execution last year made headlines after he shouted, Go Cowboys! They spoke 
in English, Spanish, French, Vietnamese, Gaelic, German (Meine schone 
prinzessin, said Mr. Cantu, German for my beautiful princess). They quoted 
the Koran and the Bible, but also Todd Beamer's phrase aboard United Airlines 
Flight 93.


Sir, in honor of a true American hero, 'Let's roll,' said David Ray Harris, 
who was dishonorably discharged from the Army and was executed in 2004 for 
killing a man who tried to stop him from kidnapping the man's girlfriend.


The execution on Wednesday of Kimberly McCarthy - a 52-year-old woman convicted 
of robbing, beating and fatally stabbing a retired psychology professor near 
Dallas - was the 500th in Texas since December 1982, when the state resumed 
capital punishment after the Supreme Court reinstated the death penalty in 
1976. In those 30 years, Texas has executed more people than Alabama, Florida, 
Georgia, Missouri, Oklahoma and Virginia combined.


The state's execution record has often been criticized as a dehumanizing 
pursuit of eye-for-an-eye justice. But three decades of last statements by 
inmates reveal a glimmer of the humanity behind those anonymous numbers, as the 
indifferent bureaucracy of state-sanctioned death pauses for one sad, intimate 
and often angry moment.


I hope that one day we can look back on the evil that we're doing right now 
like the witches we burned at the stake, said Thomas A. Barefoot, who was 
convicted of murdering a police officer and was executed on Oct. 30, 1984.


Among the death-penalty states, Texas and California are the only ones that 
make the last words of offenders available on their Web sites. But only Texas 
has compiled and listed each statement in what amounts to an online archive. 
The collection of 500 statements, which includes inmates' verbal as well as 
written remarks, has been the subject of analysis, criticism and debate by 
lawyers, criminal justice researchers and activists who oppose the death 
penalty.


It has spawned at least one blog, Lost Words in the Chamber, which has 
regularly posted the last statements since 2011. Officials with the prison 
agency, the Texas Department of Criminal Justice, said there were 3 million 
page views of inmates' final words last year.


It's kind of mesmerizing to read through these, said Robert Perkinson, the 
author of Texas Tough: The Rise of America's Prison Empire and a professor at 
the University of Hawaii at Manoa. Most people about to be executed haven't 
had a lot of success in school or life. They're not always so skilled at 
articulating themselves. There are plenty of cliches, sometimes peculiar ones, 
like the Cowboys reference. But I think many of these individuals are also 
striving to say something poignant, worthy of the existential occasion.


The last statements are not uttered in a vacuum - they are heard by lawyers, 
reporters and prison officials, as well as the inmates' families and victims' 
relatives. But the power of their words to change the system or even heal the 
hearts of those they have hurt is uncertain.


Nearly 7 years after he murdered a Houston city marshal who caught him with 
cash and 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., N.C., FLA.

[Rick Halperin]

June 23



TEXAS:

Texas prepares to execute 500th prisoner


The US state of Texas is preparing to execute its 500th convict since the death 
penalty was restored in 1976, a record in a country where capital punishment is 
in decline elsewhere.


On Wednesday, in the absence of a last minute pardon, 52-year-old Kimberly 
McCarthy will receive a lethal injection in Huntsville Penitentiary for the 
1997 murder of 71-year-old retired college professor Dorothy Booth.


What we do is we carry out court orders, said Jason Clark, spokesman for the 
Texas Department of Criminal Justice. It's our obligation to carry this 
execution out.


Activists opposed to the death penalty are due to gather at the red brick state 
prison, known as the Walls Unit, to mark the milestone with a protest against 
a punishment they regard as a holdover from another age.


In 1976, the US Supreme Court lifted a moratorium on the use of the death 
penalty and since that date 1,336 have been executed across the country, more 
than 1/3 of them in Texas alone.


It is obviously still the leader of executions in the nation, but it is 
limited to a handful of counties, said Steve Hall of the StandDown Texas 
Project, which has campaigns for a new moratorium.


Texas leads with the number of executions and death sentences but there's no 
doubt you're seeing the same trend to decrease that you see nationally.


Richard Dieter of the Death Penalty Information Center, an academic watchdog, 
agreed.


Despite this major milestone, we expect the total number of executions to be 
less than last year and a new drop in death sentences, he said.


According to DPIC's figures, there are 3,125 convicts on death row in the 
United States and, if Wednesday's execution goes ahead, McCarthy will be the 
17th prisoner put to death in the first 6 months of 2013.


But numbers are dropping: 43 people were executed in 2012 down from a peak, in 
2002, of 71.


American juries are also imposing capital punishment in fewer cases, with only 
78 death sentences last year, down by around 3/4 since the 1990s -- although 
violent crime is also down.


And, while 32 of the 50 US states still have the death penalty on the books, 
many have imposed a de facto moratorium, with few or none of the executions 
carried out and convicts languishing on death row.


Activists like Dieter say this shows that these states will eventually formally 
abolish the death penalty, but supporters of the ultimate penalty note that it 
retains the support of American voters.


By measurements like the number of executions, death sentences and states, the 
death penalty is in decline, admitted Robert Blecker, a professor at New York 
Law School.


But, in terms of the popular support, that is fairly constant. It is not in 
decline, he said, noting that the proportion of voters backing execution 
always increases in the wake of egregious crimes.


Opinion polls consistently show that between 60 and 65 % of Americans back the 
death penalty, indicating that support goes beyond the roughly 50-50 left-right 
divide in US electoral politics.


High-profile recent crimes like the gun massacres in a Connecticut school and a 
Colorado cinema, and the bomb attack on the Boston marathon, will only increase 
public support for capital punishment, Blecker added.


Nevertheless, abolitionists like Gloria Rubac of the Texas Death Penalty 
Abolition Movement see what she calls light at the end of the tunnel.


She told AFP the 142 suspects who were condemned to death but then cleared on 
appeal have become ambassadors for change campaigning against death 
sentences, which are now largely concentrated in 6 southern states.


For some, there is also an economic argument. Contrary to popular perception, 
it could cost more to execute someone than to hold them for life, once the 
extra legal, security and logistics costs are added.


The Death Penalty Information Center estimates that each death penalty case in 
Texas costs taxpayers between 2 and 3 million dollars, or around 2 to 3 times 
more than imprisoning someone for 40 years.


***

Texas death row inmate awaits final judgement


Hank Skinner escaped execution in 2010 by only 20 minutes after a dramatic 
11th-hour reprieve. He now regards this as a miracle.


The 51-year-old, who was convicted in 1995 of the brutal triple murder of his 
girlfriend, Twila Busby, and her 2 adult sons, has protested his innocence for 
years, despite DNA evidence against him.


Haunted by the possibility of execution, the wait has taken a mental toll, says 
Skinner, who admits that in one sense, death may come as a relief.


Living under the sentence of death is never off, it's always on your mind. 
It's always sitting on your chest, it's always on your shoulders and they're 
killing people about once a week. It's so heavy because there's a pall of death 
over this place, he told AFP in an interview.


He tries to paint a picture for outsiders: If 

[Deathpenalty] death penalty news----TEXAS, CONN., N.Y., PENN., MD.

[Rick Halperin]

April 26



TEXAS:

Texas Prosecutor and Ex-Governor Agree: No Death Penalty for Being Black. The 
Texas prosecutor who won the death penalty against Duane Buck now says Buck 
deserves a new sentencing hearing. What's the holdup?



Former Harris County, Texas, prosecutor Linda Geffin had no idea what was at 
stake the day the defense team she was up against called psychologist Walter 
Quijano to the stand to testify in the murder trial of Duane Buck.


I'm not sure anyone realized it at the time, Geffin tells TakePart. I'm not 
even sure I was in the room. I didn't snap to it.


Asked in open court if the race factor, black increased Buck's risk of 
reoffending, Quijano answered yes. The so-called expert went on to testify 
that being either African-American or Latino increases the future 
dangerousness for various complicated reasons.


In Texas, future dangerousness is 1 of the key factors in determining whether 
a person is eligible for capital punishment. By allowing Quijano's testimony to 
stand, Harris County, in effect, established that race can be used as a 
significant justification for meting out the death penalty.


In other words, being black is 1 more box to fill in on the death penalty 
checklist.


Geffin's prosecution team benefited from the defense's lack of judgment. Buck 
was, in fact, sentenced to die.


Years later, Buck's sentence has resurfaced, and Geffin has had to face what 
she was a part of. With Buck still in prison, and the executioner at the door, 
Geffin is trying to make amends.


This is not a cat and mouse game, says Former Texas Governor Mark White. 
This is about seeking justice.


Yes, Buck is guilty; but Geffin, along with key other figures in the state of 
Texas, is now demanding he receive a new sentencing hearing.


I've heard people say, 'He's guilty, forget about it.' That's so far away from 
how we're looking at it, she says. If we don't seek to correct this mistake, 
it could be any one of us.


Former Texas Governor Mark White agrees.

White, along with Geffin and 100 more state justice leaders, have sent a 
statement of support to Harris County D.A. Mike Anderson, urging a new 
sentencing hearing for Duane Buck that isn't predicated upon his race.


White and Geffin are also seeking passage of the Texas Racial Justice Act, 
which would allow those sentenced to the death penalty to present evidence that 
racial discrimination played a role in their legal treatment.


This is not a cat and mouse game, says White. This is about seeking 
justice.


White oversaw 19 executions while in office from 1983 to 1987. Yet, he says, 
his experience as a lawyer made him as thorough as possible in administering 
the ultimate punishment. A single legal loose end was enough to prevent an 
execution from going through under his watch.


These days, he argues, politicians are not so thorough, by choice or by 
incompetence, or by both.


Let's not let a man be executed based on frailties of his own counsel, says 
White. There is nothing wrong, or weak, or liberal, about saying, 'Let's be 
fair to the defendant.' Fairness is at the foundation of our criminal justice 
system. Right now that system is an absolute disaster. The obstinacy shown by 
those denying Buck a resentencing is a reflection both on them as individuals, 
and of our criminal justice system.


Geffin is more diplomatic: She remains employed in Harris County as a senior 
assistant county attorney.


Yet, she admits, I am frustrated. It seems the right result is crystal clear. 
We have a golden moment to right a wrong. Harris County is known across the 
country as the death penalty capital. This is a chance to show we stand for 
justice. I hate to see that opportunity lost.


Though she's cautious with her words, Geffin is fully bold in her stance on 
Buck's case.


I've always been inspired by Elie Wiesel, who said: 'There may be times when 
we are powerless to prevent injustice, but there must never be a time when we 
fail to protest.'


(source: takepart.com)






CONNECTICUT:

Connecticut Supreme Court hears death penalty repeal argument in West Hartford 
murder



The state Supreme Court heard arguments Tuesday in a high-stakes case that 
could see Connecticut's prospective abolition of the death penalty thrown out.


Eduardo Santiago, who was found guilty of murder for hire in the murder of 
Joseph Nowinski in 2000 in West Hartford, was back before the high court after 
his death sentence was overturned when it ruled earlier that the trial judge 
withheld importance evidence from jurors.


The Supreme Court upheld his murder conviction and agreed to hear the death 
penalty appeal before Santiago's new penalty hearing.


Assistant Public Defender Mark Redemacher argued that the death penalty, which 
continues to apply to the 10 men on death row, but not for any future 
murderers, is unconstitutional because it is arbitrary and abolition of the 
death penalty should apply across the board.


Lawmakers 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., DEL.

[Rick Halperin]

April 25



TEXASimpending execution

Killer in East Texas slaying-abductions set to die


The U.S. Supreme Court is being asked to block execution of a Texas inmate for 
killing 1 of 3 people abducted from an East Texas convenience store.


Richard Cobb is set for lethal injection Thursday evening in Huntsville for the 
death of 37-year-old Kenneth Vandever. He and 2 women were abducted during a 
robbery almost 11 years ago.


The women also were shot and 1 was raped during the attack that began in Rusk, 
about 120 miles southeast of Dallas. The women survived and testified against 
Cobb and his partner, Beunka Adams. Adams was executed last year.


Attorneys for the 29-year-old Cobb have told justices that a prison expert's 
false testimony during Cobb's trial in 2004 tainted the jury's decision to send 
him to death row.


(source: Associated Press)



East Texas man's final hours on death row


Our system is going through a punishment that these guys deserve, that's the 
only closure that I'm going to be getting..once the second execution is taken 
place, says Nikki Daniels, Survivor.


An East Texas man, 29-year old Richard Aaron Cobb of Cherokee County is 
scheduled to be put to death by lethal injection.


In 2002, Cobb and his co-defendant Beunka Adams kidnapped 3 victims from BDJ's 
convenience store in Rusk.


Adams and Cobb were convicted of murder and rape, both men were sentenced to 
death in 2004.


1 victim was murdered and 2 survived.

Adams was executed by lethal injection on April 26, 2012, 1 year later, Cobb is 
scheduled to be put to death on Thursday, April 25, 2013, at the Huntsville 
'Death Door Step' at 6 p.m.


Cobb's final hours on death row.

There's plenty of remorse, the whole situation was, I was 18, at the time, I 
was very immature. I had a lot of teen angst so angst looking back at the whole 
last year just filled with regret. My life is a regret, says Richard Cobb, 
death row inmate.


It was after midnight, September 2, 2002. Adams and Cobb robbed BDJ's 
convenience store in Rusk, Texas.


Adams and Cobb committed to aggravated in Jacksonville within about 10 days of 
this, says Elmer Beckworth, former District Attorney of Cherokee County.


In the store, there were 2 clerks, Candice Driver and Nikki Daniels, and 
customer Kenneth Vandever who was mentally challenged.


Former Cherokee County District Attorney, Elmer Beckworth, who is now a 
prosecutor in Angelina county, tells KETK, they were kidnapped.


Took them them to a location near Alto out in the country, said Beckworth.

Driving about 12-miles from the store to a pea-patch, 29-year-old Nikki Daniels 
was raped by Adams, while the other 2 victims had a 12-gauge shotgun held to 
them.


But with Cobb carrying the shot gun up to the point when it happened, said 
Beckworth.


Beckworth says, all 3 were forced to kneel. Daniels persuaded them to leave 
them alone.


Adams shot one of the victims, the other victims fell down pretending to be 
shot, said Beckworth.


More shots were fired at all 3. Nikki Daniels was shot in the back, a divet is 
still in her flesh.


Kenneth Vandever did not survive.

I played dead and my body... I went still and kept my eyes open, says Nikki 
Daniels.


The other female victim, Driver, played dead as well.

Kept saying are you bleeding are you bleeding? If you don't tell me I'm going 
to shoot you, repeated Beckworth.


Beckworth says, Cobb and Adams walked over to Daniels.

And kept saying to her are you hit? She stayed quiet, then both of them 
viciously began to kick her all over her body to try to make her cry out as she 
was alive, said the attorney.


They picked me up by my ponytail, said Nikki Daniels, Survivor.

Adams and Cobb's thought she was dead and dropped her.

After they dropped me, after hearing them walk off and the car start, says 
Nikki Daniels, Survivor.


Daniels says, she wasn't sure what else was going to happen wondering if they 
were going come back.


By the good Lord I feel, I feel he had his hand on me the whole night and 
whenever I realized I had to play dead it was an ease that came over my body 
and it was a protection.


Daniels thought Driver and Vandever were dead.

I walked up back the same way that we pulled down to the pea-patch.

She walked 1 mile to a house to get help.

I has a collapsed lung, and broken ribs and the gunshot wound, so I was 
fighting to walk for a bit to try to get help, the victim stated.


Both men were charged with murder and sexual assault. They had years of 
appeals, but were denied.


So for closure, it's only closure since our system is following through with 
what they should be following through, said Daniels.


She copes today with her children very well, she copes with it on a daily 
basis, it's just awesome, she's got two wonderful kids, said Melinda Ansley, 
Nikki's mother.


I feel that they were out- smarted that night and that was what saved our 
lives. said Nikki Daniels.

[Deathpenalty] death penalty news----TEXAS, CONN., USA, PENN., N.C.

[Rick Halperin]

April 22



TEXAS:

Trial begins in fatal Jefferson County courthouse shooting


Even Bartholomew Granger's attorneys acknowledge there's no question he is 
responsible for opening fire last year outside a Southeast Texas courthouse, 
fatally shooting a bystander in a failed attempt to kill his daughter who had 
accused him of sexual assault.


When opening statements begin Monday in Granger's capital murder trial, his 
defense team's goal appears to be keeping the 42-year-old Houston man from 
being sent to death row.


It's hard to imagine a person not going to be found guilty of this offense, 
Sonny Cribbs, lead attorney for Granger, said last week. I just hope if he's 
found guilty, which in all probability he will, I hope they ... do not execute 
him. I do not believe in execution.


Prosecutors are seeking the death penalty for Granger for the March 14, 2012, 
shooting spree outside the Jefferson County Courthouse in downtown Beaumont 
that left 3 others wounded, including Granger's daughter, her mother and 
another person. The 20-year-old daughter was to resume testimony in a trial 
where she accused Granger of sexually assaulting her 9 years earlier. Her 
testimony began the previous day in the case where Granger rejected a plea deal 
because he was convinced of his innocence.


This is not a whodunit, said Ed Shettle, a Jefferson County assistant 
district attorney and lead prosecutor.


He was trying to kill his daughter and her mother.

Granger was outside the courthouse in his truck shortly before noon when he 
opened fire with a .40-caliber semiautomatic carbine. Minnie Ray Sebolt, 79, a 
bystander from nearby Deweyville, was caught in the crossfire and killed as she 
tried to run to the courthouse while others under attack dropped to the ground. 
Law enforcement officers returned fire.


Granger fired more shots from his truck, hitting his daughter 3 times then 
running her over as he fled. He abandoned the bullet-riddled truck about 3 
blocks away, walked inside a construction business and took several people 
hostage.


Granger, who at some point was wounded, eventually surrendered. A 10-bullet 
magazine in his weapon had been emptied in the shooting binge, Shettle said.


Granger's daughter was seriously hurt. The other surviving victims had less 
serious injuries.


Granger is charged with several felony counts, including attempted capital 
murder. Retaliation against a witness is the accompanying felony that elevated 
Granger???s murder charge to capital murder, making him death-penalty eligible, 
Shettle said. If convicted, he faces death or life without parole.


Both sides agreed to move the trial to Galveston, 75 miles southwest of 
Beaumont, primarily so jurors wouldn't have to walk by the crime scene each 
day. A judge declared a mistrial in his sexual misconduct case one month after 
the shootings due to heightened attention following the attacks.


Shettle expected it will take about 2 weeks to present his case to the 14 
jurors, including 2 alternates, who were selected over the past 2 weeks.


If Granger is convicted of capital murder, his defense team will try to save 
him from the death penalty by showing jurors their client is not a continuing 
danger or that other circumstances - such as the sexual misconduct trial - 
drove Granger to open fire.


You???re talking about mitigation, Cribbs said. Everything is on videotape. 
They've got shooting on videotape. They've got the death of the lady in the 
door. You see her fall down after being shot. That's all on videotape.


And it's not going to be good for our side.

(source: Associated Press)






CONNECTICUT:

Conn. Supreme Court taking up death penalty repeal


The Connecticut Supreme Court is set to hear arguments on whether the state???s 
repeal of the death penalty for future crimes violates the constitutional 
rights of the 11 men on the state's death row.


Justices are scheduled to hear the case Tuesday.

The arguments come in the case of former Torrington resident Eduardo Santiago, 
who was sentenced to death for the 2000 killing of a West Hartford man in 
exchange for a broken snowmobile.


The state Supreme Court overturned the death sentence and ordered a new penalty 
phase last year. But the ruling came two months after the state repealed the 
death penalty for murders committed after April 24, 2012.


Justice will decide whether the repeal law bars the state from executing the 
death row inmates.


(source: Associated Press)






USA:

Death penalty weighed as case is built against suspect


The White House has a range of legal options in the Boston Marathon bombings, 
and they could include seeking the death penalty against the 19-year-old 
suspect.


The administration has indicated it intends to move quickly to build a criminal 
case against Dzhokhar Tsarnaev.


Several Republican lawmakers on Saturday criticized the administration's 
approach because they said it would afford Tsarnaev more rights 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., USA, N.C.

[Rick Halperin]

Feb. 27


TEXAS:

Decision Day? Murder Trial Jury Spends 3rd Day on Punishment


Is the 3rd day the charm?

Convicted College Station murderer Stanley Robertson, his legal team, his 
victim's family, prosecutors and many others are asking that question as 7 men 
and 5 women work Wednesday to decide the 45-year-old's punishment.


After spending 4 1/2 hours deliberating Monday, the Brazos County jury entered 
their room Tuesday at 8:40 a.m., leaving at 9:00 p.m. the same day without a 
consensus on whether Robertson should get life in prison or the death penalty. 
They were sequestered for a second night at a local hotel.


Robertson was found guilty on February 7 of the kidnapping and stabbing death 
of Annie Toliver, his ex-girlfriend's mother, in August 2010. Robertson told 
that ex and authorities he killed Toliver because the ex wasn't there for him, 
including after a July 2010 arrest for allegedly putting a knife to the ex's 
throat in front of her kids and holding her hostage. Toliver's body was dumped 
in Fort Worth, and Robertson ended up intentionally crashing his SUV into a 
Fort Worth police officer's car during a chase.


The jury knows that they must unanimously answer three questions in favor of 
the State of Texas in order for a death sentence to be handed down. Jurors know 
10 or more of them agreeing on any of the questions in favor of the defense 
ends the process and results in a life sentence.


What they may not know is that if they are unable to reach those 10- or 12-vote 
thresholds, Judge J.D. Langley would have to sentence Robertson to life in 
prison by default.


At around 2:30 p.m. Tuesday, the jury sent a note telling the court that they 
were deadlocked on the 2nd question before them: whether Robertson is 
mentally retarded.


That means the dozen decided the first question on their charge, one asking if 
Robertson is a future danger. It would be a unanimous yes, an answer the 
group undoubtedly came to Monday night based on requests for testimony from 
that night.


Having moved to the 2nd question, the group began asking for testimony from 
psychologists and Robertson's wife. They wanted details on bankruptcy filings 
and suicide attempts by the defendant. Then, they noted their deadlock.


Despite defense requests to end the process and go with the default life 
sentence, Judge Langley said after 15 days of testimony and arguments, 11 hours 
wasn't enough time for them to have ruled out reaching a decision. He sent a 
note telling them to keep working.


At around 8:30 p.m., the jury hadn't sent another note asking for anything. 
Then, a knock came from their jury room door. A note was passed out. They 
didn't ask for testimony or evidence, but for either a whiteboard or 2 poster 
boards, a sign that they have continued to work despite their deadlock from 6 
hours earlier. They were sent to a hotel shortly after, many looking exhausted 
and frustrated.


The jury must unanimously believe Robertson is not mentally retarded to 
continue to the 3rd and final question on their charge, which asks if there are 
mitigating circumstances. If 10 or more jurors say Robertson doesn't have the 
mental disorder, the life sentence would be imposed. Via a U.S. Supreme Court 
ruling, the mentally retarded cannot be executed in Texas.


(source: KBTX)



Falk case awaits hearing date


The next step in the capital murder case of an inmate accused of killing a 
correctional officer during a 2007 escape attempt in Huntsville is still up in 
the air a month after a district judge declared a mistrial following a lengthy 
layoff in the proceedings at the Brazos County Courthouse.


Senior Judge John M. Delaney has been appointed as the new trial judge for John 
Ray Falk's case by Judge Olen Underwood, who presides over the Second 
Administrative Judicial Region of Texas. District Judge Ken Keeling was recused 
from the trial after he declared a mistrial on Jan. 29, saying he believed the 
jury could not come up with an impartial verdict because of a 55-day delay 
during the trial, which began in November.


Delaney said Tuesday that he has not set a date for the next hearing, but that 
he had talked to Walker County District Attorney David Weeks and defense 
attorneys Michelle Esparza and Kyle Hawthorne on a conference call.


I told them that it would probably be about 90 days before we meet back in 
court, Delaney said.


Keeling ordered all trial records sealed and since there is a standing gag 
order preventing attorneys and court officials from commenting on the case, The 
Huntsville Item has not been able to attain any information concerning possible 
motions that have been filed since the mistrial.


Falk and Jerry Duane Martin escaped from a work detail at the Wynne Unit in 
September 2007. Martin stole a city of Huntsville truck, which he used to hit a 
horse correctional officer Susan Canfield was riding while trying to prevent 
the 

[Deathpenalty] death penalty news----TEXAS, CONN., KY., NEV.

[Rick Halperin]

Nov. 27



TEXAS:

Bill Would Restrict Informant Testimony in Death Cases


Anthony Graves was wrongly convicted and sent to death row in 1994 based 
largely on the testimony of an alleged accomplice in the fiery murders of 6 
people. The accomplice, while on the execution gurney, admitted he was the lone 
killer. 10 years later, in 2010, Graves was exonerated.


Like Graves, Muneer Deeb, Michael Toney and Robert Springsteen were sentenced 
to death after trials that involved the testimony of their cellmates or alleged 
accomplices. Their convictions were all overturned.


State Rep. Harold Dutton, D-Houston, has filed a bill, HB 189, that aims to 
prevent wrongful death sentences in cases that involve unreliable testimony 
from alleged accomplices or jailhouse snitches who receive a reward for 
implicating someone else.


What we have found is that there have been people who, for their own 
self-interest, have basically fabricated testimony about other folks, and as a 
consequence that person has been found guilty, Dutton said.


Criminal justice reform advocates said the measure is a critical next step in 
Texas' efforts to prevent wrongful convictions. Critics of the measure, though, 
argue that current rules already protect defendants against unreliable 
testimony and that eliminating such accomplice or informant testimony could tie 
prosecutors' hands.


Under HB 189, prosecutors in death penalty cases would be unable to use 
testimony from informants or from alleged accomplices of the defendant if the 
evidence were obtained in exchange for immunity, leniency or any other special 
treatment. The measure would also make testimony from cellmates of the 
defendant inadmissible unless the conversation was recorded.


Odd as it may sound, Texas is at the vanguard of snitch testimony, said 
Alexandra Natapoff, a law professor at Loyola Law School Los Angeles, and 
author of the Snitching Blog. Texas was one of 1st states to require the 
corroboration of jailhouse informant testimony and drug snitches, she said. And 
Dutton's bill would make Texas among the 1st states to prohibit prosecutors 
from offering criminals benefits for their testimony.


A 2004 Northwestern University study of wrongful convictions found that 
informants played a major role in more than 45 % of overturned death sentences 
nationwide.


The use of criminal informants is a massive source of error in our most 
serious cases, said Natapoff, who also wrote the book Snitching: Criminal 
Informants and the Erosion of American Justice.


She said the Texas bill recognizes that rewarded testimony by paid informants 
is one of the riskiest, most unreliable forms of testimony that the criminal 
justice system tolerates. And disallowing that testimony in death penalty 
cases, she said, would acknowledge that cases in which an individual's life is 
at stake require a higher ethical standard.


Criminal informants have strong incentives to lie and very few disincentives 
to lie, because criminal informants are almost never punished, Natapoff said.


Jeff Blackburn, chief counsel for the Innocence Project of Texas, said his 
organization has long pushed lawmakers to restrict the use of informants and 
snitches.


That's what the government does when they really need to convict somebody and 
they really don't have the evidence, Blackburn said. It sounds dramatic, and 
it's very tempting for prosecutors to use.


State Rep.-elect Joe Moody, an assistant El Paso County district attorney, said 
accomplices or informants are often the only witnesses who know the 
circumstances of the crime. Existing rules allow defense lawyers to question 
informants about deals they may have made with prosecutors in exchange for 
their testimony. If a defense attorney effectively cross-examines the witness, 
Moody said, the jury should be able to make an informed decision about the 
person's credibility.


Requiring electronic recordings of jailhouse conversations, as Dutton???s bill 
suggests, Moody said, would force jails to install recording equipment in all 
of their facilities.


I think the rule itself would do a disservice to trying the case in the full 
and open light, said Moody, D-El Paso.


In the wake of dozens of wrongful convictions in recent years, Texas has passed 
a number of measures to prevent such injustices and to compensate the victims 
of the criminal justice system's mistakes. Most recently, in 2011, legislators 
passed a bill that improved police procedures for eyewitness identifications 
after studies showed misidentifications played a major role in many wrongful 
convictions.


Dutton has filed similar proposals to curb the use of informants in past 
sessions, and they have failed. As Texas continues to make national headlines 
with its exonerations, Dutton said, he is hopeful that lawmakers will be more 
amenable in the 2013 session.


Members now recognize that Texas needs to do a lot better job of protecting 
the integrity of our 

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

[Rick Halperin]

Nov. 10



TEXASimpending execution

Houston killer, lawyer at odds on defense strategy as execution date nears


A lawyer-client wrangle over defense strategy Friday threw a kink into an 
effort to save Houston double-killer Preston Hughes III from execution on Nov. 
15 by challenging the state's switch to a 1-drug lethal cocktail.


Patrick McCann, appointed to handle Hughes' case in criminal courts, faced 2 
hurdles when he appeared in state District Judge R.K. Sandill's civil court.


First, Hughes has not authorized McCann to represent him in civil court. 
Second, Sandill is worried that a decision to block use of a 1-drug injection 
also may stay Hughes' execution. The Texas Court of Criminal Appeals has 
prohibited the judge from taking that action.


Hughes, 46, is to be put to death for the September 1988 stabbing murders of La 
Shandra Rena Charles, 15, and her 3-year-old cousin, Marcell Lee Taylor. At the 
time of the killings, Hughes was on probation for sexually assaulting and 
shooting at a 13-year-old girl.


In a recent death row interview, Hughes said he was innocent of all the crimes.

'Afraid, irrational'

McCann told Sandill he filed the motion to block the 1-drug injection - and 
paid the filing fees - without Hughes' approval. He has disagreed on pursuing 
this avenue, McCann told the judge, adding that Hughes, perhaps confused after 
spending more than 20 years on death row, insisted on defense strategies not 
legally possible.


McCann and Sandill discussed the logistics of having Hughes appear in court, 
either in person or through a video hookup at his Livingston prison. After the 
judge was handed a letter in which the killer asked that McCann be dropped as 
his lawyer, though, Sandill ordered McCann to obtain an affidavit from Hughes 
authorizing his representation by next Friday.


McCann, who described his client as afraid, irrational, said Hughes unlikely 
to sign such a document. Mr. Hughes has made it abundantly clear that he does 
not love me, McCann said. I don't need to be loved. All I need to do is 
proceed with the work that's supposed to be done.


In the prison interview with the Houston Chronicle, Hughes expressed 
dissatisfaction with the representation that McCann and earlier lawyers 
provided. All, he contended, have failed to act on his assertion that Houston 
police illegally searched his apartment and planted evidence linking him to the 
crime.


Court forbids stay

McCann said illegal search issues would be raised in a clemency petition to be 
filed with the Texas Board of Pardons and Paroles.


McCann's petition before Sandill stems from changes to Texas' three-drug 
execution protocol. In March 2011, Texas switched the first drug administered, 
an anesthetic, after supplies no longer could be obtained. Injections of drugs 
to stop breathing and the heart traditionally would follow.


In July, Texas adopted an anesthetic-only procedure. Six killers have been 
executed by that method.


McCann said he filed the case with Sandill's civil court because such courts 
have jurisdiction over how the prison system treats inmates. Lawyers for the 
state responded that, since the case involved a capital murder, jurisdiction 
should remain with the criminal courts.


In ruling in the matter, the Texas Court of Criminal Appeals prohibited Sandill 
from issuing a stay. Technically, McCann is asking that the one-drug procedure 
not be used, but state lawyers say no other option exists.


'Outside the box'

South Texas College of Law professor Ken Williams described McCann's turn to a 
civil court to block the one-drug protocol as thinking outside the box.


Usually you would to go a criminal court to argue the injection was cruel and 
unusual punishment, he said.


At least 1 other killer has challenged the state's drug changes.

In April 2011, Harris County killer Cleve Foster was granted a stay by the U.S. 
Supreme Court after his lawyers argued that prison officials switched the 1st 
of the 3 drugs administered without consulting medical experts.


Foster's stay later was dissolved, and he was put to death Sept. 25 for the 
2002 rape and murder of a 30-year-old woman.


(source: Houston Chronicle)






CONNECTICUT:

Are Death Row Inmates Sacrificial Lambs?


On Nov. 6, California narrowly missed becoming the 18th state to abolish the 
death penalty. But an equally compelling story is evolving in Connecticut, 
which successfully abolished its death penalty last spring but left in place 
the death sentences of its 11 death row prisoners. These 11 men join 2 others 
in New Mexico who remain on death row following that state's prospective-only 
repeal.


The seeming injustice of prospective-only repeal was not lost on Connecticut's 
General Assembly. Indeed, it was part of the deal that secured the repeal's 
passage. On July 23, 2007, a brutal home invasion and triple murder took place 
in the town of Cheshire. Many called for retribution, and the state 

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

[Rick Halperin]

Sept. 12



TEXAS---death penalty-related: business and human rights

Perry Spreads the Word About Texas in Northern Italy


Gov. Rick Perry, wrapping up a weeklong trip to picturesque northern Italy, 
said he is trying to talk European businesses into moving some of their 
operations to Texas and has been forging closer ties with the promoters of 
Formula One racing.


Perry gave a rundown of his European visit Monday. He told Texas reporters on a 
trans-Atlantic conference call that he caught an F1 race in Milan on Sunday and 
had attended an international conference on the shores of Lake Como, the posh 
Alpine resort area known for its famous homeowners like George Clooney.


I think it's been a valuable opportunity for us to spread the word about Texas 
to a substantial number of key decision-makers and numerous industries across 
Europe, Perry said. If anyone in Italy is looking to relocate, to expand, 
especially in the United States, their opportunity to succeed is better in 
Texas than any other state.


On the sidelines of the Ambrosetti conference, Perry spoke to various business 
and government leaders, including Italian Prime Minister Mario Monti and 
Israeli President Shimon Peres. Then he took in an F1 race in Milan and met 
with Bobby Epstein, a partner in the Formula One race track being built in 
Austin. The inaugural race is scheduled for mid-November.


In Italy Perry also toured what he called the Ferrari compound, and met with 
the head of the Ferrari F1 racing team, Stefano Domenicale, and various 
business leaders.


It was an opportunity for us just to relay to the them the state of Texas' 
excitement about hosting this race, Perry said.


Perry supports using tax dollars to lure business to Texas, through the use of 
the Texas Enterprise Fund, the Emerging Technology Fund and the Major Events 
Trust Fund, among others. In the case of the Formula One events in Austin, the 
incentives issue has been contentious, and some $30 million in incentive money 
for the first year still hangs in the balance.


I'm a proponent of those types of competitive funds that we have, Perry said. 
He said the Major Events Trust Fund in particular is working as the Legislature 
intended.


And that is to be an incentive for the private sector to come in and spend 
extraordinary amounts of money, Perry said.


But Perry's advocacy of giving tax dollars to private companies has stirred 
complaints from many conservatives and Tea Party activists who say the 
incentives amount to little more than corporate welfare. Apple Computer, on 
track to become the most profitable public company ever, recently got a $21 
million deal-closing sweetener from the Enterprise Fund to expand its 
operations in Austin, for example.


The average Joe and Jane on the street don't think it's a good idea. It's 
central planning and tinkering with the economy by the state, said JoAnn 
Fleming, who chairs the advisory committee of the Texas Legislature's Tea Party 
Caucus. The free market will take care of itself. These companies don't need 
money. They'll take tax dollars as long as you have elected officials who dole 
it out.


Fleming said Tea Party activists will be pushing lawmakers, meeting in session 
early next year, to eliminate government funding going to private companies and 
event promoters who promise to bring economic development to Texas.


TexasOne, a public-private partnership that gets funding from cities and 
private companies, is sponsoring Perry's Italy trip. The Ambrosetti Forum, 
which hosts the conference Perry attended, also picked up part of the cost, the 
governor's office said.


Press releases issued by Perry's office have said that no tax dollars are being 
used to pay for accommodations or travel for the governor or first lady Anita 
Perry. However, taxpayers are picking up the cost for Perry's security. If the 
past is any guide, thousands will be spent on air travel, lodging and meals.


The full price tag won't be known until the security team returns and the bills 
begin rolling in.


We live in a world where security is an issue, Perry said. They've got a 
long-standing policy of providing security for sitting governors and their 
families and those policies always have been and I suspect will be in the 
future determined by the Department of Public Safety.


(source: Texas Tribune)






CONNECTICUT:

Death Row Inmates Continue Fight To Overturn Sentences


The trial challenging the death sentences of 5 of Connecticut's death-row 
inmates will shift Tuesday morning to competing experts' analysis of whether 
race and geography played a role in prosecutors' decisions to seek executions.


The testimony is expected to be complex as attorneys attempt to sort through 
the methodology, underlying assumptions and statistical theories - key evidence 
Superior Court Judge Samuel J. Sferrazza will use to decide whether the 
condemned inmates' death sentences should be overturned.


Though state 

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

[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 Henderson 

[Deathpenalty] death penalty news----TEXAS, CONN., VA., MO.

[Rick Halperin]

July 27



TEXASstay of impending execution

Court of Criminal Appeals Stays Execution of Marcus Druery


Late this afternoon we learned that the Texas Court of Criminal Appeals has 
granted a stay of execution to Marcus Druery. The Court stayed the execution 
pending review of the appeal of the denial of a competency hearing for Druery.


Here’s a statement from Attorney Kate Black in response to the stay of 
execution:


“We are pleased that the Texas Court of Criminal Appeals stayed the execution 
of Marcus Druery to allow for careful consideration of our request for a 
competency hearing. The State has never contested the fact that Mr. Druery 
suffers from a psychotic disorder, which has been diagnosed by the State’s own 
experts. Executing Mr. Druery, who lacks a rational understanding of his 
punishment, would stand in clear violation of the Constitution. 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.” - Kate Black, Attorney for Marcus Druery, July 27, 2012


(source: TCADP)






CONNECTICUT:

Judge: Connecticut 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: The Bulletin)






VIRGINIA:

Virginia adds new lethal injection drug


Virginia has added a new drug to be used in executions to replace one that is 
in short supply across the U.S.


The Virginia Department of Corrections said Friday that rocuronium bromide can 
now be used in the lethal injection cocktail. The drug is an alternative to the 
scarce pancuronium bromide, which is used to paralyze muscles.


Richard Dieter of the Death Penalty Information Center says Virginia appears to 
be the 1st state to substitute a drug for pancuronium bromide.


He says Texas and Georgia have switched from the 3-drug cocktail to just 1, 
bigger dose of a sedative.


In May, an anti-death penalty group called Reprieve complained that Virginia 
had a stockpile of pancuronium bromide while hospitals are in short supply.


(source: Associated Press)






MISSOURI:

Collings Appeals Death Penalty in Rowan Ford Murder


A man found guilty earlier this summer with the 2007 murder of 9-year old Rowan 
Ford, is appealing his death penalty.


Christopher Collings was found guilty in March by a jury in Rolla, Missouri, 
where the case had been moved on a change of venue. The same jury, chosen in 
Platte County, recommended the death penalty. A judge formally sentenced him 
May 11.


Monday, July 23, attorneys for Collings filed a Notice of Appeal of the death 
penalty with the Missouri Supreme Court. Under Missouri law, such appeals are 
automatic in capital punishment cases.


Online court records do not show a hearing date set yet for the appeal.

Collings was accused of the 2007 kidnapping, rape and murder of Rowan Ford, 
(right) 9, of Stella. Ford's body was found in a cave in McDonald County 2 
weeks after she disappeared.


Rowan's stepfather, David Spears, is also charged in her murder. His trial is 
scheduled to begin October 30 with jury selection in Clay County. Testimony is 
set to start November 5 in Waynesville on a change of venue.


(source: Ozarksfirst.com)___
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[Deathpenalty] death penalty news----TEXAS, CONN., GA., NEV.

[Rick Halperin]

April 26


TEXASimminent execution

Justices refuses stay for Texas man's execution


The U.S. Supreme Court has refused to halt the scheduled execution of convicted 
killer Beunka Adams.


The 29-year-old Adams faces lethal injection in Huntsville Thursday evening for 
a slaying a decade ago during an East Texas robbery where 3 people were shot 
and abducted and one of the victims was raped. The ruling came about 3 hours 
before Adams could be taken to the Texas death chamber.


Adams' attorneys argued the justices should halt the punishment, review his 
case and allow Adams to pursue appeals focusing on whether his legal help at 
his trial and during earlier stages of his appeals was deficient.


Earlier this week, Adams won a reprieve from a federal district judge but the 
5th U.S. Circuit Court of Appeals overturned the decision, reinstating the 
death warrant.


Adams, 29, would be the 5th person executed in Texas this year. His attorneys 
asked the nation's highest court to halt the execution, review his case and let 
him pursue appeals claiming he had deficient legal help at his trial and during 
earlier stages of his appeals. Adams won a reprieve from a federal district 
judge earlier this week, but the Texas attorney general's office appealed the 
ruling, and the 5th U.S. Circuit Court of Appeals reinstated the death warrant 
Wednesday.


Adams was 1 of 2 men sent to death row for the slaying of Kenneth Vandever, 37. 
He was in a convenience store on Sept. 2, 2002, in Rusk, about 115 miles 
southeast of Dallas, when 2 men wearing masks and carrying a shotgun walked in 
and announced a holdup.


After robbing the store, Adams and Richard Cobb drove off with the 2 female 
clerks and Vandever in a car belonging to one of the women.


Testimony at Adams' trial showed he gave the orders during the holdup and 
initiated the abductions. They drove to a remote area about 10 miles away in 
Cherokee County, where Adams demanded Vandever and 1 woman get into the trunk 
of the car and then raped the other woman. Testimony also showed he forced all 
3 to kneel as they were shot.


Vandever was fatally wounded. The women were kicked and shot again before Cobb 
and Adams, believing they were dead, fled. Both were alive, however, and one 
was able to run to a house to summon help. Adams and Cobb were arrested several 
hours later in Jacksonville, about 25 miles to the north. Adams was 
identifiable because he had slipped off his mask after one of the women said 
she thought she knew him.


During questioning by police, Adams didn't fully say what he did but enough to 
show guilt under the law of parties, said Cherokee County District Attorney 
Elmer Beckworth.


That Texas law makes an accomplice equally culpable as the actual killer. 
Beckworth said evidence pointed to Cobb as the gunman, although testimony at 
trial showed Adams bragged to another jail inmate that he was the shooter.


The law of parties became an issue in some of Adams' appeals, with his lawyers 
arguing trial lawyers and earlier appeals attorneys should have contested jury 
instructions related to the law.


Assistant Attorney General Ellen Stewart-Klein countered in court documents 
that Adams showed total participation in a capital murder and the moral 
culpability required of one sentenced to death.


Cobb, who was 18 at the time of the holdup, was convicted and sentenced to die 
in a separate trial 8 months before Adams, who was 19 at the time of the crime. 
Evidence tied the 2 to a string of robberies that happened around the same 
time.


You could see with their prior aggravated robberies the level of intensity was 
rising, Beckworth said.


Cobb does not yet have an execution date set. At Adams' trial, Adams was 
portrayed as a kind of tag-along influenced by Cobb, said Sten Langsjoen, a 
trial lawyer for Adams. The two had met as ninth-graders at a boot camp. 
Evidence showed they began committing burglaries together, then switched to 
more lucrative armed robberies.


Adams declined to speak from death row with reporters as his execution date 
neared.


Vandever had suffered a brain injury as a result of a car accident, said 
Beckworth, who described him as mentally challenged. He was known around Rusk 
for riding his bicycle and keeping folks company at the convenience store, the 
prosecutor said. Vandever was in the store's eating area, not near the women, 
and the robbers apparently didn't spot him until he got up to leave.


(source: Associated Press)






CONNECTICUT:

Connecticut Abolishes Death Penalty – Is Decades of Work Turning the Tide?


Yesterday, Connecticut Gov. Daniel Malloy quietly signed a bill that would 
abolish the death penalty in that state. In doing so, Connecticut became the 
17th state to abolish it. The last state to abolish the death penalty was 
Illinois, and the next may be Maryland; Kansas and Montana are also considering 
it. California has a controversial ballot measure set for November 

[Deathpenalty] death penalty news----TEXAS, CONN., CALIF., PENN., USA, OKLA.

[Rick Halperin]

April 5



TEXAS:

Gran Appeals To UK To Save Her From Execution


The British Government has said it is doing all it can the save the life of a 
British grandmother who has spent 11 years on Death Row in the United States.


She would become the first British woman to be executed in 50 years.

She was convicted of killing a young mother in Texas a decade ago but has 
always said she was framed.


Her lawyers believe she was failed by the American legal system and admit her 
situation is desperate.


Carty spoke to Sky News on death row in Texas and told us: I am 110% innocent. 
I know I didn't commit this crime. They took 11 years of my life for something 
I know I didn't do.


She was born on the Caribbean island of St Kitts before its independence from 
Britain and now wants support from the UK.


If you don't then you're telling me there's no value to my life and if you do 
intercede it is saying that every British national, it doesn't matter whether 
we were born in the mother country or in the colonies, we matter, Carty said.


We are British. I can't wash off my nationality with soap and water. I am 
going to always be British.


Ms Carty said she feels sympathy for the family of victim Joana Rodriguez.

She was somebody's child too, somebody's daughter. For me it's not only a 
healing process but its to show the families that the person you've been hating 
all these years did not commit this crime, she said.


Ms Carty is being represented by the campaign group Reprieve.

Director Clive Stafford-Smith said her best chance of avoiding the death 
penalty was clemency.


The Foreign Office said it is putting pressure on the authorities in Texas.

The Prime Minister and British Government are deeply concerned by the position 
Ms Carty is in, it said in a statement.


We are committed to using all appropriate influence to prevent the execution 
of any British national.


We are working closely with Ms Carty's legal team to ensure their work to 
secure clemency is supported by appropriate political representations.


Since her conviction, Ms Carty has been held at the Mountain View unit in 
Gatesville where all of the women on death row in Texas are held.


She admitted she fears her death sentence.

I won't get up and ask the British Government to go out in the public and 
lobby for me had I known that I am guilty because then it would be an 
embarrassment not only to myself and my family but also the country that I 
love.


So for me when I say I am innocent and that I didn't commit this crime I mean 
that.


(source: Yahoo News)






CONNECTICUT:

Connecticut Senate votes to repeal death penalty in state


The Connecticut Senate voted on Thursday to repeal the state's death penalty, 
moving it 1 step closer to becoming the 5th U.S. state in 5 years to abandon 
capital punishment.


The Democratic-controlled Senate voted 20-16 to repeal the death penalty in an 
early morning vote after 10 hours of debate, and the measure now moves to the 
state House of Representatives, where it was seen as having strong support.


Democratic Governor Dannel Malloy has promised to sign the bill into law.

The measure would replace the death penalty with life in prison without the 
possibility of parole. An amendment added on Tuesday provided that future 
felons, convicted of life sentences without parole, would be subject to the 
same harsh conditions as those inmates currently on death row.


Does a moral society execute people? asked Democratic state Senator Gayle 
Slossberg on the day of the vote. Haven't we then become the evil we're trying 
to eliminate? I want my public policy to be better than me.


But the bill to repeal the death penalty is prospective, meaning that it 
would only apply to future sentences. The 11 men currently on Connecticut's 
death row would still face execution.


Several legal experts have said that despite the prospective wording, defense 
attorneys for current Death Row inmates could use the repeal measure to win 
life sentences for their clients.


Illinois, New Mexico and New Jersey have all voted to abolish the death penalty 
in recent years, while New York's death penalty law was declared 
unconstitutional in 2004. That state's legislature has repeatedly rejected 
attempts to reinstate capital punishment.


Other state legislatures are considering bills to abolish the death penalty as 
well, and Oregon's governor has said he would allow no more executions on his 
watch.


As significant concerns about executing the innocent, the high cost of the 
death penalty and its unfair application continue to grow, more states are 
turning to alternative punishments, said Richard Dieter, executive director of 
the Death Penalty Information Center.


A similar bill was defeated last year in Connecticut, just as the high-profile 
trial of Joshua Komisarjevsky was getting underway for his role in a 2007 home 
invasion in Cheshire in which a mother and her 2 daughters were brutalized and 

[Deathpenalty] death penalty news----TEXAS, CONN., MD., MISS., MINN., COLO., CALIF.

[Rick Halperin]

March 21


TEXAS:

Court Ruling Could Affect Texas Death Row Cases


Death row inmate Jesse Joe Hernandez, set to be executed next week for the 2001 
death of a 10-month-old boy in Dallas, is hoping that a ruling Tuesday from the 
U.S. Supreme Court could give him another chance to prove that the tragedy was 
not entirely his fault.


The nation’s highest court ruled that the failure of initial state habeas 
lawyers to argue that their client’s trial counsel was ineffective should not 
prevent the defendant from making that argument later on. Lawyers across the 
country, including those for at least 2 Texas death row inmates, were eagerly 
awaiting the court’s ruling in the Martinez v. Ryan case out of Arizona, which 
could expand appeals access for inmates.


“A procedural default will not bar a federal habeas court from hearing those 
claims if, in the initial-review collateral proceeding, there was no counsel or 
counsel in the proceeding was ineffective,” the court majority held.


Habeas lawyers investigate issues that could or should have been raised during 
a defendant’s original trial.


Brad Levenson, director of the Texas Office of Capital Writs, filed a petition 
with the Texas Court of Criminal Appeals on Tuesday afternoon on behalf of 
Hernandez, arguing that his March 28 execution should be stayed, in part, 
because of the court’s ruling.


Although the ruling applies to federal courts, Levenson said, Texas’ highest 
criminal court should take its cue from the nation’s highest court and hear 
Hernandez’s claims.


Hernandez was convicted in 2002 for the death of a child who lived in the home 
where he lived at the time. Hernandez admitted he hit the child, who was rushed 
to the hospital, where he was put into a medically induced coma and then died 
after he was removed from life support.


In a writ filed Tuesday with the Texas Court of Criminal Appeals, Hernandez 
argues that his actions did not directly cause the child’s death. Instead, an 
expert who recently reviewed the medical records concluded that the hospital 
gave the child a lethal dose of the drug pentobarbital and that he was pulled 
from life support too soon.


“There’s no way to tell at end of day whether he would have survived,” Levenson 
said. “Our expert said there’s a very real probability the child could have 
lived.”


Levenson said Hernandez’s trial lawyers and his initial appeals lawyers were 
ineffective because they failed to do further investigation and hire their own 
experts to find out why the child died. Levenson, who took the case only three 
weeks ago, hired a doctor who reviewed the medical records and determined that 
the little boy had not been diagnosed as brain-dead before he was removed from 
life support and that he was given toxic doses of pentobarbital.


“It’s not to say that Mr. Hernandez is not guilty of a crime, but he’s not 
guilty of capital murder,” Levenson said.


Current law, though, could prohibit Hernandez from arguing that because his 
original trial lawyers were ineffective by not further investigating the cause 
of death that he should get a new trial. Those kinds of claims must be raised 
from the beginning of the appeals process to be valid later on. And Hernandez’s 
previous habeas lawyers did not argue that he was inadequately represented.


Levenson said that even though Tuesday’s Supreme Court ruling applies to claims 
made in federal court — not state writs like the one he filed — the same 
principle ought to apply.


“We’re saying the state courts should also take a look at these claims for the 
same reason the Supreme Court would take a look at them,” he said.


The ruling could also be a boon for death row inmate Rob Will, who was 
convicted in 2002 of fatally shooting a Harris County sheriff’s deputy. Will 
says that the man he was with that night was the real shooter and that he is 
innocent.


In January, U.S. District Court Judge Keith Ellison denied Will’s pleas for a 
new trial but wrote that he lamented doing so because of “disturbing 
uncertainties” raised about his guilt.


Will is hoping the court’s ruling in Martinez will allow him to argue that he 
should get a new trial because both his trial lawyer and his state-appointed 
habeas lawyer were ineffective when they failed to track down several witnesses 
who have testified that the other man confessed to the killing.


(source: Texas Tribune)






CONNECTICUT:

Death penalty repeal effort faces 1st vote


A high-profile bill looking to abolish Connecticut's death penalty for all 
future cases and replace it with life imprisonment will face its 1st round of 
votes in the state legislature.


Members of the General Assembly's Judiciary Committee will vote on the bill 
Wednesday morning at the Legislative Office Building.


Democratic Rep. Gary Holder-Winfield, of New Haven, who is a Vice Chair of the 
committee, said he is confident the bill will pass this hurdle.


The proposed bill would not directly affect 

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

[Rick Halperin]

Feb. 25


TEXAS:

Who Helps the Exonerated Men of Texas?


A lot of men from Dallas County have been exonerated—27 at the latest count—and 
James Waller is one of the more memorable. He was convicted of the 1983 rape of 
a twelve-year-old boy—mostly on the word of the boy—and given thirty years for 
the crime. When DNA tests became available a few years later, he asked for one 
but didn’t get it. He kept asking, even after he was paroled in 1993, because 
he was considered a sex offender and couldn’t get a job or even go to parks 
when children were present. He finally got a test in 2001, but it was 
inconclusive. A second one in 2007 finally pardoned him, 24 years after he was 
sent away.


When TEXAS MONTHLY did a photo shoot of DNA exonerees back in 2008, Waller was 
one of the clear leaders. He had known a few of the men in prison, and he had 
gone out of his way to contact some of the others after they got out, knowing 
how hard it was to go from wrongly-convicted-man to free-man. He would even 
appear at hearings when a new exoneree was getting out, to talk with him, offer 
advice, let him know he could call him for help. Waller is tall and quietly 
charismatic and speaks in a deep, country accent. In a room full of men with 
hard-luck life stories, his stood out. For example, 2 days before that hearing 
to determine if he should get a second DNA test, his wife Doris, who was eight 
months pregnant, died in a car wreck.


Waller soldiered on, refusing to let his troubles destroy him or his spirit. In 
our interview in 2008, he memorably said, “God didn’t forget about me. That’s 
the main thing. There were times where I forgot about him, but he never forgot 
about me. And that’s why I’m still here. But I’m not gonna live in Texas no 
more. I already have my house up for sale. I’m going to move back to 
Louisiana.”


2 years later, he sold his house in Dallas and moved back to his hometown of 
Haynesville, a small town twenty miles northeast of Shreveport, near the 
Arkansas border. But he refused to leave behind the men whose cause he shared. 
He recently started a nonprofit called Exonerated Brothers of Texas, along with 
fellow exonerees Billy Smith (vice-president), James Giles (co-treasurer), 
Johnnie Lindsey (co-treasurer), and Thomas McGowan (secretary). The men had all 
become friends after they got out, getting together to talk about their 
challenges and struggles, sharing how they were coping with their families and 
their freedom.


Waller wants to harness this energy for the ones he knows will follow in their 
footsteps. “When I got out,” says Waller, who is 55, “there was no help, no 
support. Nobody listened. I was alone. I didn’t know any exonerees.”


That won’t happen anymore. Exonerated Brothers of Texas will focus on things 
like counseling, family services, and job and vocational training. Mostly, 
though, its goal is to let the exoneree know he’s not alone. “Our purpose is to 
be there when they walk out and then later for support and counseling—because 
they’re going to need some counseling. When you’ve been gone from society for a 
long time, things are different. We’re trying to help guys getting out and 
trying to help guys who don’t want to go back.”


In fact, Waller and nine other Texas exonerees were in a Dallas courtroom 
Wednesday when Richard Miles was exonerated after fourteen years. They all 
hugged their new comrade and welcomed him to the brotherhood.


Waller sees his long, hard journey as having a larger purpose. “We were 
exonerated for a reason, besides to just sit around and do nothing. We 
shouldn’t just sit back and not do something for somebody else. If I can help 
another person, I will: help people in prison, help people who get out. Help 
them connect to a person.”


Exonerated Brothers of Texas will launch a website next month and plans on 
holding a fundraiser in July in Dallas.


(source: TM DAily Post)



Lethal injection costs increasing


The switch to a substitute drug for executions has driven up the cost of 
capital punishment in Texas.


A year ago, the European supplier of sodium thiopental, bowing to pressure from 
death penalty opponents, stopped making it.


When no other vendor could be found, the drug was replaced by pentobarbital as 
1 of the 3 used in the lethal injection process.


With sodium thiopental, Texas Department of Criminal Justice officials said the 
cost of lethal injection cocktail was $83.35.


It is now $1286.86, with the higher cost primarily due to pentobarbital, 
officials said. The other drugs are pancuronium bromide and potassium chloride.


Our responsibility is to carry out carry out the executions and when sodium 
thiopental was no longer available, we had to find another drug with similar 
properties and this is it, agency spokeswoman Michelle Lyons said Friday. And 
it's more expensive.


The increase in drug cost first was reported by the Austin American-Statesman.

In the grand scheme 

[Deathpenalty] death penalty news----TEXAS, CONN., ARIZ, VA., OKLA., N.Y.

[Rick Halperin]

Feb. 23


TEXASstay of impending execution

San Antonio man set to die next week wins reprieve


An ex-con convicted of killing a San Antonio man and stealing his prized 
motorcycle won a stay of execution Thursday when a judge in Houston agreed to 
new forensic tests.


Anthony Bartee, 54, had been scheduled for lethal injection Tuesday evening in 
Huntsville.


Bartee's lawyers argued in appeals that more DNA testing should be conducted on 
2 strands of hair found in victim David Cook's hands. A third strand of hair 
was tested earlier and identified as belonging to the 37-year-old victim. 
Prosecutors argued the other 2 were scientifically insufficient for meaningful 
tests.


What we're doing now is looking into which labs are capable of doing the 
testing in the shortest amount of time, Rico Valdez, an assistant Bexar County 
district attorney who handles capital case appeals, said.


State District Judge Mary Roman withdrew the execution warrant Thursday.

The night of August 16, 1996, a neighbor heard gunshots from Cook's home, then 
heard Cook's motorcycle fire up. When Cook failed to show up for work, 
concerned relatives went to his house and found his body. He'd been stabbed in 
the back, his throat was cut and he had two gunshot wounds to the back of his 
head from what would be determined as his own 9 mm pistol. Both the gun and his 
cherry red Harley were missing.


Court records show investigators determined that the night before the shooting, 
Bartee — who was on parole after spending almost 12 years locked up for 2 rape 
convictions — tried to hire someone to kill a man he identified as David. The 
day after the killing, he was seen with the motorcycle and told people it was 
his.


When police questioned Bartee, he said he was unaware of Cook's death. But when 
police told him they knew he had the Harley, he said he had been working on it 
in Cook's garage and took off after hearing gunshots because he feared for his 
own safety. He wouldn't acknowledge participating in the murder but didn't deny 
being present at the scene, according to court documents.


At his trial, defense attorneys tried to pin the slaying on two gang members 
Bartee identified only as Snake and Throw Down.


Prosecutors said his story was a fabrication.

George Rivas, 41, is scheduled for execution on Wednesday. Rivas was the leader 
of the notorious Texas 7 gang that escaped from a South Texas prison in 2000 
in the state's biggest prison break ever and then killed a suburban Dallas 
police officer during a Christmas Eve robbery of a sporting goods store.


***

Innocent man officially set free


Richard Miles cried Wednesday as a state district judge formally declared him 
innocent of a 1995 murder for which he spent 14 years in prison.


With a declaration of innocence, the 36-year-old Miles will be fully cleared of 
the crime and can apply for state compensation for wrongfully imprisoned 
inmates. Miles' mother, several inmates who've also been exonerated and other 
supporters cheered inside the courtroom as Judge Andy Chatham called him a free 
man.


Now, the world knows that I'm innocent, Miles told reporters beforehand. 
I've always known that I was innocent.


Miles was sentenced to 40 years in prison after being convicted of the murder 
of Deandre S. Williams and the attempted murder of another man.


The Texas Court of Criminal Appeals last week determined that actual 
innocence existed in Miles' case -- a rare declaration for someone exonerated 
without the help of DNA evidence. Miles was released after an advocacy group 
found evidence implicating another man in the murder hadn't been turned over to 
Miles' attorneys before trial.


One undisclosed police report included information of a call made by someone 
who claimed to know Williams' actual killer. The call occurred about 3 months 
before Miles' trial. The other report was about an altercation between the 
victims and a third person just before the shootings.


Released on bond in 2009, Miles said he has struggled to find work because he 
was labeled an ex-offender.


He now plans to apply for compensation under the state's Tim Cole Act, which 
pays freed inmates $80,000 for each year of wrongful incarceration. And he 
hopes to start a nonprofit group, Miles of Freedom, which would build 
transitional housing for ex-inmates.


Dallas County District Attorney Craig Watkins, whose office's conviction 
integrity unit has helped to free more than 20 wrongfully convicted inmates, 
attended the hearing. Watkins thanked Miles for continuing to fight for his 
freedom after being convicted, calling him just another example of the 
problems we've had and the future that we do have.


As other exonerated ex-inmates watched, Watkins also took on the state's death 
penalty. Without calling for a moratorium on executions, Watkins questioned 
whether Texas had executed an innocent person.


When we have all these men that have been 

[Deathpenalty] death penalty news----TEXAS, CONN., MISS., NEB., N.C.

[Rick Halperin]

Jan. 28



TEXAS:

Long-time Texas death row inmate loses appealMan on Texas death row since 
1986 loses federal court appeal that challenged all-white jury



A longtime Texas death row inmate from Houston has lost a federal court appeal 
that argued his trial lawyers were deficient for not challenging the selection 
of an all-white jury to consider his capital murder case.


Appeals lawyers for 53-year-old Willie Washington contended years later they 
found Harris County prosecutors had made race notations on juror questionnaires 
that indicate the jury selected for his 1986 trial was improper. Washington is 
black.


The 5th U.S. Circuit Court of Appeals Thursday joined lower courts that 
rejected the arguments, saying the challenge could have been raised during jury 
selection or much earlier in the appeals process following Washington's 
conviction.


Washington was condemned for fatally shooting a Houston grocery store employee 
during a December 1985 robbery. He doesn't have an execution date.


(source: Associated Press)






CONNECTICUT:

Komisarjevsky denies blame as death sentence passed


A man convicted of murdering a woman and her 2 daughters in a 2007 home 
invasion has tried to deflect blame, as a judge sentenced him to die.


Joshua Komisarjevsky, 31, was ordered to face lethal injection after emotional 
statements from family members of the victims.


The crime shocked America and helped defeat a bill to abolish the death penalty 
in the state of Connecticut.


Komisarjevsky's accomplice, Steven Hayes, was sentenced to death in 2010.

The 2 were on parole for burglary when they broke into a home in Cheshire, 
Connecticut.


'Personal holocaust'

While Dr William Petit was tied up, his wife Jennifer Hawke-Petit was forced to 
withdraw money from her bank.


She was then raped by Hayes and strangled to death.

Hawke-Petit's 11-year-old daughter, Michaela, was sexually assaulted by 
Komisarjevsky.


Both girls were tied to their beds and left to die as the house was doused in 
petrol and set on fire.


The only survivor, Dr Petit, was beaten with a baseball bat and tied up but 
escaped.


He testified during Friday's sentencing hearing that the crime had been a 
personal holocaust.


I lost my family and my home,'' he said. They were three special people. Your 
children are your jewels.''


Defence lawyers had argued that Komisarjevsky, convicted of sexual assault and 
murder in October, should be spared execution in light of the abuse he suffered 
as a boy.


But Judge Jon Blue disagreed and told the convicted man he had brought the 
harshest sentence on himself.


In court on Friday, Komisarjevsky acknowledged he had hurt many people, but 
insisted that he never raped the girl and had not intended to kill.


They were never supposed to lose their lives, said Komisarjevsky, who will 
become the 11th man on Connecticut's death row.


I know my responsibilities, but what I cannot do is carry the responsibilities 
of the actions of another,'' Komisarjevsky said. I did not want those innocent 
women to die.''


During the trial, Komisarjevsky and Hayes blamed each other for escalating the 
crime.


Being condemned to death was a surreal experience, Komisarjevsky added.

Talking about the penalty, he said: I wonder when the killing will end.

They are not likely to be put to death soon, as both cases will be 
automatically appealed, a process that could last decades.


(source: BBC News)



see: http://www.youtube.com/watch?v=hRWzqAlzHCQ

(source: WTNH News)






MISSISSIPPI:

Death penalty sought in slayingsTrial set April 9 for pair accused of 
killing couple



The death penalty will be sought against two men accused of killing a 
Terry-area couple in their home last year and leaving the couple's 
then-7-month-old baby alone in the house without food and water.


In January 2011, Robert Carter, 26, and Renita Mark, his 24-year-old fiancee, 
were found dead in their home on Timberidge Road, two days after Hinds County 
sheriff's deputies say they were shot to death.


Dwaliues Deon Carter, 30, the male victim's brother, and Travaris Christian, 
21, are charged with capital murder.


Christian, who is already serving a 25-year sentence for a probation violation 
on a house burglary conviction, was back in court Friday.


We're seeking the death penalty, Assistant District Attorney Brad Hutto said 
in court.


Hutto didn't give a reason for the decision, but the district attorney's office 
had said the nature of the crime might warrant seeking the death penalty.


It's the 1st time the district attorney's office has stated publicly it would 
seek the death penalty in the case.


Assistant Public Defender Alison Kelly asked Circuit Judge Winston Kidd to 
approve money for his defense to hire a capital mitigation investigation 
specialist, who can do research on Christian's life to try to find reasons why 
he shouldn't be sentenced to death if convicted of capital murder.

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

[Rick Halperin]

Dec. 13


TEXAS:

Mental illness does not provide automatic ticket off death row  The rare 
occurrence



While mental illness may frequently be used by defendants in the courtroom as a 
reason to escape execution, it’s rarely been an effective means to get off of 
death row once there.


In fact, seldom — as in the case of a 1990 shooting outside a supermarket in 
Harris County — has mental illness been the determining factor in someone 
sentenced to die in Texas receiving a reduced sentence.


“If it does happen, it’s certainly going to be a very, very low number,” said 
Richard Dieter, executive director of the nonprofit Death Penalty Information 
Center. “For one thing, mental illness is not a very easy classification to 
achieve.”


Mental illness, such as schizophrenia and manic-depression, is not to be 
confused with intellectual disability – or mental retardation. A U.S. Supreme 
Court ruling in 2002 barred the execution of people with low intelligence 
scores. As a result, by 2008, 12 Texas inmates were given reduced sentences, 
five from Harris County, one from Liberty County.


“When the courts come up with something new, that will affect some older 
cases,” said Roe Wilson, Harris County assistant district attorney.


The biggest example of this came in 2005 when 12 inmates from Harris County 
ended up with reduced sentences after the high court ruled those under the age 
of 17 at the time they committed a capital crime could not be executed.


The rare occurrence

In 2004, a federal judge did hand down a ruling that resulted in a death row 
inmate’s mental illness constituting grounds for a new sentence. As a result, 
Theodore Goynes, who 14 years earlier gunned down a woman after she left a 
grocery store, received a life term.


Even in this rare case, which only came about because Goynes’ mental problems 
had not been brought to light during his Harris County trial, there were 
extenuating circumstances.


Goynes’ intellectual disability also was considered by the court with U.S. 
District Judge Sim Lake writing, “He (Goynes) is not retarded. He does, 
however, have low intelligence and a long history of mental illness.”


Still, the reason Goynes’ sentence was reduced, at least technically, was that 
his mental illness was among the factors not presented to the court in the 
first place, Wilson said.


“You can stand trial and have mental illness,” she added. “The possible 
mitigating evidence is presented by the defense as an argument for life rather 
than death.”


On death row

After arriving at the Texas Department of Criminal Justice, death row inmates 
are placed in isolated cells in Livingston where they remain 23 hours a day. 
Spokesman Jason Clark said that doesn’t mean they go without standard mental 
tests and physical exams, though.


“An individual could be sent to a psychiatric facility within TDCJ as a result 
of mental problems,” Clark said. “When the doctor determines the inmate is well 
enough to be sent back (to death row), he is.”


In part due to privacy guidelines, a listing of inmates on the TDCJ website who 
were formerly on death row does not cite reasons why many of the 202 have been 
reclassified since 1974.


Of those with listed reasons, 40 died behind bars, 25 convictions were reversed 
or overturned and 74 were re-sentenced to life. While many of the reduced 
sentences resulted from the high court ruling concerning minors, 99 inmates, 
not counting those with intellectual disabilities, were given life terms 
without a listed reason.


However, no record can be found of an inmate’s permanent transfer from death 
row due to a mental illness diagnosed after arriving at TDCJ. This would seem 
to debunk a commonly held belief outside the prison walls.


“I think people are worried about faking in court and afterward,” said Kathryn 
Kase, interim executive director of the nonprofit Texas Defender Service in 
Houston, a group that handles death penalty cases in an effort to expose flaws 
in the system.


In Texas, unlike many states, at some stages of the proceedings mental 
competency is decided by a jury rather than a presiding judge. Both defense and 
prosecution lawyers present evidence largely from psychiatrists and 
psychologists.


Incompetency at prison?

Kase said there have been cases involving capital murder convictions in which 
severe mental problems were not brought up, even during the appeals process. In 
other cases, symptoms of schizophrenia did not become apparent until after the 
imprisonment began.


The Supreme Court has held that all defendants must be examined to make sure 
they understand why they are facing the death penalty. Later, in the case of 
convictions, they must know why they are being executed. However, the high 
court also acknowledged “rational understanding” is difficult to define.


“Competency is fluid,” Wilson said. “You can become competent one year and 
incompetent the next. Those cases are pretty rare.”


She 

[Deathpenalty] death penalty news----TEXAS, CONN., GA., MD., S.DAK., NEV.

[Rick Halperin]

Oct. 27



TEXASexecution

Convicted Cop Killer Executed in Huntsville


Former San Antonio street gang member Frank Garcia has been put to death for 
fatally shooting a veteran police officer who was trying to resolve a domestic 
dispute.


Garcia was condemned for killing 48-year-old Officer Hector Garza, a father of 
5 who had 25 years on the San Antonio police force when he was gunned down 
March 29, 2001. Garcia's wife also was killed in the gunfire.


The 39-year-old Garcia shouted Thank you, Yahweh, over and over until he lost 
consciousness. He was pronounced dead at 7:02 p.m. CDT Thursday.


A half-hour before, the U.S. Supreme Court refused to block the punishment. 
Garcia's lawyers argued in appeals he was mentally impaired and ineligible for 
the death penalty under high court rulings.


Garcia becomes the 12th condemned inmate to be put to death this year in Texas, 
and the 476th overall since the state resumed capital punishment on December 
17, 1982. Garcia becomes the 237th condemned inmate to be put to death in Texas 
since Rick Perry became governor in 2001.


Garcia becomes the 39th condemned inmate to be put to death this year in the 
USA and the 1273rd overall since the nation resumed executions on January 17, 
1977.


(sources: Assoicated Press  Rick Halperin)

**

Man convicted of killing cop, wife put to death in Texas


A Texas man convicted of murdering a San Antonio police officer before turning 
his gun on his wife was put to death Thursday evening, soon after the U.S. 
Supreme Court rejected his last-minute appeal.


The time of death for Frank Martinez Garcia was 7:02 p.m. CT (8:02 p.m. ET), 
said Texas Department of Criminal Justice spokeswoman Becky Blanton.


Garcia was 28 on March 29, 2001, when San Antonio police officer Hector Garza 
responded to a call about a domestic disturbance at the home Garcia shared with 
his parents, his wife, Jessica, and their children.


Garza, 49, died first after being shot 3 times by Garcia, the Texas Department 
of Criminal Justice said on its website. Garcia's wife died after he shot her 6 
times.


He also fired several shots at others outside the home, wounding his wife's 
uncle, according to authorities. The couple's 5-year-old daughter witnessed the 
murders, according to the Department of Criminal Justice.


The office of Texas Attorney General Greg Abbott stated, on its website, that 
Garcia -- who had been arrested with gang members in 1992 -- also fired his 
weapon at the vice principal of a nearby elementary school, hitting the front 
door of the school.


Garcia eventually surrendered to police, later admitting in a formal written 
statement that he had intentionally killed both the police officer and his 
wife, according to the attorney general.


A Bexar County grand jury indicted him in September 2001 for capital murder.

During his trial, jurors saw photos from inside Garcia's home showing him and 
his wife brandishing weapons. Prosecutors also noted that his wife Jessica 
sought help from a battered women's shelter in 1994, after alleging physical 
and emotional abuse, while her co-workers had seen marks and bruises on her.


In February 2002, Garcia was convicted and sentenced to death.

The Texas Court of Criminal Appeals affirmed his conviction 2 years later. And 
in 2007, the same court denied his application for habeas corpus relief -- in 
other words, claiming the state didn't have a right to hold him -- according to 
the attorney general.


A U.S. district court turned down a similar petition in 2009, and a U.S. 
Circuit of Appeals court rejected his appeal the following year. In March 2011, 
the U.S. Supreme Court denied his writ of certiorari review, a legal term 
related to a higher court reviewing a lower court's decision.


(source: CNN)

**

Rival hits Perry on death penaltyDark horse Johnson contends innocent may 
have been executed



Former New Mexico governor and current Republican presidential hopeful Gary E. 
Johnson said he saw the dangers of the death penalty up close during his 2 
terms in office - and says he is convinced Texas has executed innocent people.


In a wide-ranging interview with editors and reporters at The Washington Times 
this week, Mr. Johnson, who is mounting a long-shot bid for GOP nomination, 
said his current opposition to the death penalty stems from having once pushed 
a bill to curtail appeals that he modeled on Texas law, but which, he now says, 
would have led in at least one case to the execution of innocent persons in a 
gang-murder case.


“If my legislation would have passed, they would have been put to death, and 
they would have been innocent. And I believe Texas has done the same,” he said, 
pointing to the neighboring state run by Gov. Rick Perry, who is also running 
for the presidential nomination.


He said he does not know for certain Texas has executed innocent people, but is 
convinced it has happened “just because of how many 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN.

[Rick Halperin]

Oct. 26

TEXAS:

Man charged with capital murder in deadly home invasion


A man jailed on an unrelated charge has been accused in a fatal shooting at a 
home in northeast Houston earlier this year.


Kenneth Ray Nelms Jr., 19, is charged with capital murder in the death of 
Terrance Nelson, 28, at 3904 Kress near Makeig about 3:30 p.m. July 17, 
according to the Houston Police Department.


Police said Nelms is currently in the Harris County jail on an unrelated 
robbery charge. He was charged Monday in Nelson's death.


Police said officers were dispatched to the scene on a emergency call about a 
burglary. When they arrived, they found Nelson dead. He appeared to have been 
killed during a home invasion. And, police said, his 2007 Dodge Charger was 
missing.


Investigators later determined Nelms was the suspect in the case.

(source: Houston Chronicle)

***

“Witness To Murder” by Tony Medina


Supporters of Tony Medina are pleased to announce the publication of “Witness 
to Murder”, his book of original poetry and essays. Dedicated to his friend and 
fellow inmate, Dominique Green, who was executed on Oct. 24th, 2004, this book 
both meets a promise made between them, and represents an astounding education 
to those who wonder how an innocent man can survive 15 years on death row, 
knowing that the next might bring his wrongful death. Tony invites you to join 
in the fight to ensure justice for him, and to understand why only the 
abolition of the death penalty can help other innocent men and women in the 
future.


London, United Kingdom. Oct 26th, 2011 -- Tony Medina, 36-year-old father of 
three children, has been waiting on death row for his execution in Texas for 
nearly 15 years. He was accused of shooting into a crowd of young people with a 
semi-automatic weapon from a dark colored car. 2 children were fatally wounded 
during the shooting. Nevertheless, he is innocent according to the furnished 
evidence and the testimony of witnesses. He is only guilty of not having enough 
money to engage a competent lawyer who would handle his case seriously at the 
time of his trial.


Tony owes a great debt of gratitude to Dominique Green, a fellow inmate on 
Texas death row before his execution on Oct. 24th, 2004. Dominique showed him 
how to channel his anger, at wrongful incarceration and sentence of death, into 
creative endeavors, most especially in writing poetry. Both men vowed to work 
to publish a book of poetry and essays, and although Dominique didn’t live to 
see the dream come true, Tony is proud to have completed the project today in 
his memory. Dominique’s final words were, “You are all my family. Please keep 
my memory alive. This book is dedicated to him.


Although the bulk of the works in the book are written by Tony Medina, there is 
one important contribution from his sister Angie, and some others by Dominique 
Green, who gave them freely for use in the book. Together, they tell a story of 
hurt, of love, and of hope - hope that you, the reader of his book, will come 
to understand that Justice does not come from the broken death penalty process 
that persists in many parts of the United States. The innocent (the many that 
are exonerated or have their sentences commuted clearly demonstrate that there 
are far more of these than the public understand) can be trapped by a system 
that more often than not refuses to believe that a trial verdict can be wrong. 
It is as certain as can ever be demonstrated after the event, that innocent men 
and women have been wrongly executed.


The book can initially be purchased from Lulu Press, which has a number of 
International online locations for easy purchase in US dollars, £ Sterling or 
Euros. Please visit their website and select the most appropriate location.


Further information about Tony Medina’s case and ways of helping/donating can 
be found at: www.tony-medina.info


Witness to Murder

Author: Tony Medina

Paperback: 112 pages

Price: £10.25 / $16.43 / €12.09

Language: English

ISBN-13: 978-1-4709-3028-8

Publisher: Lulu PRESS / Peter Bellamy

(source: Tony Medina)






CONNECTICUT:

Doomed from birth killer should be spared death: lawyer


Joshua Komisarjevsky was doomed from birth, his lawyer on Tuesday told a jury 
that convicted him of a murderous home invasion and will now decide whether he 
should be punished with the death penalty.


Komisarjevsky, 31, was convicted of murdering Jennifer Hawke-Petit, 48, and her 
daughters, Hayley, 17, and Michaela, 11, and beating unconscious Dr. William 
Petit Jr. at their Cheshire home. Hawke-Petit was strangled and the girls, tied 
to their beds, died of smoke inhalation after the home was set on fire.


His accomplice, Steven Hayes, was convicted separately and sentenced to death.

As the penalty phase of Komisarjevsky's trial began on Tuesday, Petit, the lone 
survivor of the 2007 attack, left the courtroom. Petit was a constant presence 
throughout the 

[Deathpenalty] death penalty news-----TEXAS, CONN., ILL., MD.

[Rick Halperin]

Jan. 14



TEXAS:

Nation's 1st execution of 2009 Wednesday in Texas


Even a defense lawyer for convicted murderer Curtis Moore acknowledged the
horrific nature of the 3 slayings that convinced a jury to send Moore to
death row.

Facts-wise, it was difficult because of the nature of how the killings
happened and the fact the bodies were burned, George Gallagher recalled.
You have an uphill battle.

Moore, 40, was set for lethal injection Wednesday evening. His execution,
the 1st of the year in the United States, would be the 1st of 6 scheduled
for this month in Texas, the nation's most active death penalty state.

Moore's appeals in the courts were exhausted. On Monday, the Texas Board
of Pardons and Paroles rejected a clemency request that cited his possible
mental retardation as reason to spare him.

Moore already made one trip to the Huntsville death house. In 2002, less
than three hours before he was to receive lethal injection, the U.S.
Supreme Court stopped his scheduled execution so claims from his attorneys
that he was mentally retarded and ineligible for execution could be
reviewed. In October, the high court refused his appeal, clearing the way
for Wednesday's execution date to be set.

Moore was condemned for a pair of shootings in November 1995 in Fort
Worth.

Roderick Moore, 24, who was not related to him, and LaTanya Boone, 21,
both of Fort Worth, were found shot to death in a roadside ditch across
from an elementary school.

The same night, firefighters summoned to put out a car fire found Darrel
Hoyle, 21, of Fort Worth, and Henry Truevillian Jr., 20, of Forest Hill,
shot and burned. Truevillian was dead but Hoyle survived and helped lead
police to the arrest of Moore and his nephew, Anthony Moore, then 17.

The 3 men were abducted after agreeing to meet Curtis Moore and his nephew
at a stable where Roderick Moore boarded and trained horses. Then Boone
was abducted from the apartment she shared with Roderick Moore, her
boyfriend.

Testimony at Curtis Moore's trial showed the shootings culminated a drug
ripoff, that he doused Hoyle and Truevillian with gasoline and ignited
them as they were bound and in the trunk of a car parked in a deserted lot
outside a Fort Worth bar.

Hoyle regained consciousness 6 days after he was attacked and gave
information that led authorities to Anthony Moore, known on the streets in
Fort Worth as Kojak, and that Curtis Moore drove a pink truck.

Curtis Moore was arrested about 2 weeks later, his hands and arms still
showing burns suffered when authorities said he tried to keep Hoyle from
fleeing the flames.

Curtis was trying to push him back in the trunk, said Joetta Keene, who
prosecuted Moore.

Everybody got burned, including Curtis, Gallagher said. That was hard
to get around.

At the punishment phase, prosecutors were able to show jurors Moore's
violent past.

He had a huge criminal history, Keene said. He kept giving us more
evidence. He stabbed a guy in jail.

Moore's record showed convictions for theft, robbery, and weapon and drug
possession. The record also showed he repeatedly was paroled, then
returned to prison with parole violations.

Moore blamed his nephew for the slayings and said he tried to rescue the
victims from the burning car. But he acknowledged holding them at
gunpoint, ordering them hogtied and stuffed into the trunk of the car.

Anthony Moore pleaded guilty to 2 counts of murder under a plea agreement
and is serving 2 life prison sentences.

(source: Associated Press)



Texas Death Penalty Machinery Set to High as Executions Resume14
Executions Scheduled Over the Next 4 Months


The 1st U.S. execution of 2009 is scheduled to take place today in the
state of Texas. Curtis Moore is set to be put to death for the 1996
murders of Roderick Moore, Latasha Boone, and Henry Truevillen in Tarrant
County. Currently there are 14 executions scheduled to take place in Texas
between now and April 7, including 6 in January alone. Among all other 35
death penalty states, only 10 executions have been scheduled for this same
time period.

The inmates with execution dates were convicted and sentenced to death in
8 different counties; 4 inmates were convicted in Tarrant County and 3 in
Bexar County.

Once again the State of Texas is quick out of the starting gate in the
race to execute, said Kristin Houl, Executive Director of the Texas
Coalition to Abolish the Death Penalty (TCADP). While other states are
projected to carry out more executions than usual this year, none will
even come close to overtaking Texas' status as the most active - and most
notorious - death penalty state. In 2008, Texas accounted for just under
1/2 of the 37 executions that took place nationwide. Overall, it accounts
for more than 1/3 of the 1,136 executions that have occurred in the United
States since 1977.

The accelerated pace of executions coincides with a time of increased
public scrutiny and concern about the fairness and reliability of this
ultimate 

[Deathpenalty] death penalty news----TEXAS, CONN., PENN., N.J., MD.

[Rick Halperin]

Jan. 27



TEXAS:

Texas' support for death penalty remains strongOn hold nationally,
capital punishment is a tradition in the Lone Star State, an author
says.


In a prison cemetery, Mack Matthews and George Washington are bound by the
manner of their deaths.

The men were among 5 condemned killers who on Feb. 8, 1924, were strapped
one by one into Texas' new wooden electric chair for what the Austin
American-Statesman described as a 2-hour harvest of death.

At the time, state officials had just taken over execution duties from
county sheriffs. They used the chair for more than 360 executions over the
next nearly 50 years.

Although the death penalty is under attack across the nation - and is in
abeyance as the U.S. Supreme Court considers a challenge from 2 Kentucky
inmates to the lethal injection - support for capital punishment remains
strong in Texas.

Here, a history of frontier justice, a law-and-order culture, and
conservative politics keep the execution chamber busy.

It's a tradition here, and something we want to do and we're not going to
back away from, is how James Marquart, coauthor of a history of the death
penalty in Texas, describes local attitudes.

Texas retired the electric chair in 1972, after the U.S. Supreme Court
ruled that executions under state death-penalty laws were
unconstitutionally cruel and unusual.

Legislators quickly rewrote laws to reopen the death chamber using lethal
injection, which was considered more humane. The revised law was approved
by the courts in 1976, and executions resumed 6 years later.

Since capital punishment was reinstated in 1976, Texas has executed 405
inmates - more than any other state. Virginia is 2nd with 98.

Texas also leads the nation in the number of prisoners convicted and later
set free after DNA evidence showed they were innocent, although none of
those 30 cases involved death-row inmates.

Texas might sentence people to death at rates that are not horribly out
of line, but they execute more, said Michael Radelet, a University of
Colorado capital-punishment expert.

He said execution figures might reflect lack of public defenders and lack
of attorneys to pursue appeals.

26 of the 42 U.S. inmates executed last year were in Texas. No other state
did more than 3. In 2006, Texas executed 24. Ohio was next with 5. It's a
scenario that has played out nearly every year over 2 decades.

Even in the electric-chair days, Texas was among the most active
death-penalty states. The graves of Matthews and Washington are surrounded
by others marked with the 2- or 3-digit inmate numbers reserved for those
on death row.

In 1923, the state took over execution duties from county sheriffs, who
had conducted public hangings.

Legal local hangings by the 1920s were a long-established part of the
state's landscape, Marquart, director of the criminology and sociology
programs at the University of Texas at Dallas, wrote in his 1994 book, The
Rope, The Chair and The Needle.

Indeed, one of the most enduring stereotypes of Texas surrounds the
public hanging of cattle rustlers on the range, he wrote.

As governor in the mid-1980s, Mark White presided over 19 executions.

I think people of Texas are most fair-minded when presented with facts,
he said. They're not mean-spirited, but are supportive of strict
enforcement of law and severe penalties for those who repeat their
crimes.

White, who was attorney general when executions resumed in 1982, said he
wanted his office to be aggressive when handling the appeals of capital
cases. That policy remains in effect today.

My approach was: OK, everybody has adequate time to prepare an appeal,
but let's not delay it and risk creating a backlog, he said.

That's what happened in New Jersey, which reinstated the death penalty in
1982 but has executed no one since 1963. Last month, it became the 1st
state in 4 decades to abolish the penalty.

The determined pursuit of the death penalty has left Texas open to
criticism about overzealous judges and the prospect that innocent people
may have been executed.

The judge issue intensified with September's execution of Michael Richard,
the last inmate in the nation to be put to death before the Supreme Court
agreed to take the Kentucky case on lethal injection.

Sharon Keller, presiding judge of the Texas Court of Criminal Appeals,
refused to keep the court open past 5 p.m. to let Richard's lawyers file a
late appeal that would have spared his life at least until the Supreme
Court decided the Kentucky case.

Keller, who has declined to speak about her decision, has distributed
campaign literature touting herself as a law-and-order judge.

(source: Associated Press)






CONNECTICUT:

Death penalty on trial in Connecticut


Chasity West decided the best way to have her lover all to herself was to
kill his 2 young children.

Before first light on July 9, 1998, West, a 23-year-old nurse, slipped
into the Windsor home of her boyfriend's ex-wife, Tammi Cuyler, who was
also West's 

[Deathpenalty] death penalty news-----TEXAS, CONN., TENN., S.C., VA.

[Rick Halperin]

Nov. 8



TEXAS:

Death penalty widow sues judge-Lawsuit claims appeals court's Keller
violated rights with 5 p.m. closing time.


The widow of Michael Richard, a convicted murderer executed by Texas 6
weeks ago, has sued the Texas judge who prevented his appeal from being
considered in state court.

The lawsuit by Marsha Richard, filed Wednesday in Houston federal court,
claims Court of Criminal Appeals Presiding Judge Sharon Keller exceeded
her authority when she refused to accept the appeal after the court's
normal closing time of 5 p.m. Michael Richard's lawyers had asked for
extra time.

Keller's decision violated Richard's right to court access and led to his
unlawful execution that night, said Randall Kallinen, Marsha Richard's
lawyer.

Keller had no comment on the lawsuit, her office said.

To succeed, Marsha Richard's lawsuit will have to overcome the presumption
that judges may not be sued for actions related to their duties.

This one's simple, said Scot Powe Jr., a leading constitutional scholar
and professor at the University of Texas School of Law. This suit will be
dismissed on immunity grounds.

But James Alfini, president and dean of the South Texas College of Law in
Houston, said the lawsuit raises interesting questions about the limits of
immunity afforded to Keller.

Judicial immunity does not normally apply when a judge is performing
administrative functions, said Alfini, co-author of Judicial Conduct and
Ethics.

So the question becomes, when she performed that act, was she performing
it in her judicial capacity or in her administrative capacity as chief
judge? Alfini said.

I can see arguments on both sides  that she was acting in her judicial
capacity, because apparently what she did, did affect the outcome of a
case, Alfini said. On the other hand, it was not an adjudicative
function in the normal sense of the word. She was not making a judicial
decision ... on the merits of the case.

(source: Austin American-Statesman)






CONNECTICUT:

Prosecutors seek death for man charged with killing former Danbury couple


Florida prosecutors are seeking the death penalty for a man accused of
killing 2 former Danbury residents in 1991.

Paul and Rita Stasny were murdered in their Port Charlotte, Fla., home
just before Christmas.

The homicides went unsolved until March, when a Florida law enforcement
task force announced an indictment charging Jeremy Sly, 37, with the
crimes.

Florida prosecutors filed notice Tuesday saying the death penalty would be
pursued.

I would like to see the case move forward. He admitted to being involved
in that crime, said Melanie Bonjour, the Stasny's daughter. First and
foremost, I want to see that there is a conviction.

Sly's trial is scheduled to start in December.

(source: The News-Times)






TENNESSEE:

Insanity Issue Eyed In First Local Federal Death Penalty Case


The defense in the first local federal death penalty case may bring up
insanity issues.

Attorneys for Rejon Taylor filed a motion that defendant may introduce
evidence respecting his mental health.

It says the defense may introduce evidence that Taylor, an Atlanta youth
charged in the murder of Atlanta restaurant operator Guy Luck at
Collegedale, suffers from post traumatic stress disorder.

The defense may also produce evidence concerning frontal lobe development
and its impact upon the defendant.

Defense attorneys said an expert witness will testify about Taylor's
psychological status relative of the commission of the alleged offense.

In response, federal prosecutors said they want their own court-ordered
psychiatric examination of Taylor to determine whether or not he was
insane at the time of the alleged offenses.

Defense attorneys said their expert will not testify that Mr. Taylor is
incompetent to stand trial, is mentally retarded or meets the legal test
of insanity, but he will testify regarding Mr. Taylor's school records,
medical records, criminal history and the charges presently pending
against him, as well as other records.

Taylor is set to go to trial next year.

2 co-defendants, Sir Jack Matthews and Joey Marshall, have entered guilty
pleas and may testify against him.

Defense attorneys are Bill Ortwein, Lee Ortwein, Howell Clements and
Leslie Cory.

Prosecutors are Chris Poole and Steve Neff.

(source: The Chattanoogan)






SOUTH CAROLINA:

Defendant acts as own attorney in death penalty trial


A Lexington County man on trial for killing 2 people is acting as his own
attorney as he tries to avoid going to death row for a 2nd time.

Norman Starnes said he decided to represent himself after the state
Supreme Court 7 years ago overturned his murder convictions and death
sentence for the shootings of 2 men in his Pelion home in January 1996.

I believe that I know this case better than any lawyer can present,
Starnes told jurors during his opening statement Wednesday afternoon.

Starnes said he killed Bill Welborn and Jarrod Champlin in self-defense.
He has 2 

[Deathpenalty] death penalty news-----TEXAS, CONN., TENN., FLA., KAN.

[Rick Halperin]

August 18


TEXAS:

Longtime death row inmate loses appeal in federal courtLester Bower of
Arlington has maintained his innocence in 4 shooting deaths. He has been
on death row for 23 years.


An Arlington man who has spent 23 years on death row lost a federal court
appeal this week, opening the way for a judge to set an execution date.

Lester Bower, 59, has been on death row since 1984 for killing 4 men the
previous year in an airplane hangar near Sherman.

The 5th U.S. Circuit Court of Appeals, in a ruling posted Friday on an
appeal filed by Bower's lawyers, affirmed his conviction. A federal
district judge earlier had allowed Bower to pursue claims that his trial
lawyer, Jerry Buckner of Weatherford, was ineffective.

Bower, one of the most senior Texas inmates, has maintained his innocence
in the shooting deaths.

Killed were Bob Tate, 51, a Denison building contractor; Ronald Mayes, 39,
a former Sherman police officer; Philip Good, 29, a Grayson County
sheriff's deputy; and Jerry Mac Brown, 52, a Sherman interior designer.
The 4 men were found shot execution-style in a hangar at Tate's ranch
northeast of Sherman.

Evidence showed that parts of an ultralight plane missing from the hangar
later were found in Bower's garage in Arlington.

Prosecutors said Bower, a college graduate who worked as a chemical
salesman, killed Tate to steal an ultralight plane that was for sale for
$4,000.

Authorities said that the other 3 were gunned down when they unexpectedly
showed up at the hangar.

Tate's wife and stepson went to the hangar when he did not arrive at home
and found Mayes' body in a pool of blood. Police found Good, Tate and
Brown rolled in a blue carpet in the hangar. Each had been shot twice in
the head. Mayes had been shot once in the head and repeatedly in the
torso.

No murder weapon was recovered but investigators found 11 spent .22
casings in the hangar. Tate's ultralight plane also was missing.

Investigators looking at phone records determined that Bower had responded
to an advertisement placed by Good, who was helping Tate find a buyer for
the aircraft. Questioned by the FBI, Bower denied meeting Good or Tate and
denied buying the plane, according to court documents.

But detectives searching Bower's home found pieces of the plane and
arrested him in January 1984.

Bower has been locked up since then.

In his appeal, Bower argued that his lawyer, a neighbor of his
father-in-law's, did a poor job defending him by not investigating
properly and by not calling Bower to testify. The appeals court said its
review of the trial record shows the lawyer interviewed all the relevant
witnesses as well as investigated potential leads and attempted to place
this information before the jury through vigorous cross-examination.

The appeal also said that the victims were killed in a drug deal that went
wrong. Buckner testified at an evidentiary hearing that he checked out the
rumors of a drug deal but couldn't find anyone to corroborate them and
that police found no plausible evidence of other suspects. He testified
that Bower himself had made the decision not to testify.

Taking all the evidence together, the record does not indicate that
Buckner failed to investigate or prepare for trial, and we find that his
performance was not deficient, the court ruled.

Bower testified at an evidentiary hearing in 2000 that he did meet with
Good, Brown and Tate and had purchased the plane. He also said he read
about the slayings in a newspaper but decided to not say anything because
he didn't want to become a suspect.

He had no previous prison record.

Bower had been under a court-ordered reprieve since 1992. His attorneys
filed a motion for a new trial, but it took 8 years for that request to be
heard by a judge. It was another 2 years before it was turned down,
although the judge allowed him to pursue the appeal that finally was acted
on by the New Orleans-based appeals court panel.

(source: Fort Worth Star-Telegram)






CONNECTICUT:

Appeal Of Death Sentence PlannedLawyers For Jessie Campbell III Have
20 Days To Appoint Representation For Challenge


One day after convicted double-murderer Jessie Campbell III became the 8th
member of Connecticut's death row, his lawyers said his sentence will be
appealed.

Campbell, 27, of Bloomfield, was convicted in May 2004 of capital felony,
2 counts of murder, one count of attempted murder, first-degree assault
and criminal possession of a pistol or revolver. The murder and assault
charges stemmed from an ongoing domestic dispute that Campbell had with
La-Taysha Logan, 20, the mother of his son, Jessie IV.

Campbell's defense team of public defenders has 20 days to appoint a
lawyer to handle the appeal, according to state law.

There's definitely going to be an appeal, attorney Ronald Gold said
Friday. Gold is 1 of 2 public defenders who represented Campbell for
nearly 7 years.

After Campbell's conviction, the jury could not come to a unanimous
decision about 

[Deathpenalty] death penalty news----TEXAS, CONN., MONT., N.MEX., UTAH

[Rick Halperin]

June 22




TEXAS:

West Texas man executed in murder


A West Texas man who kidnapped his ex-girlfriend and beat her to death
with a claw hammer was executed Thursday afternoon for the 1998 crime.

Gilberto Guadalupa Reyes, 33, was pronounced dead at 6:17 p.m., eight
minutes after the leth dose began to flow.

Reyes did not look at the family of his victim, 19-year-old Yvette Baiz,
as they stood near the head of the execution gurney, separated by glass
and metal bars.

I love ya'll and I miss ya'll, Reyes said, beaming from ear to ear with
a smile. He did not specify to whom he was speaking.

Baiz's mother, father, brother, sister and uncle all stared ahead in
silence, seemingly unmoved by the scene.

Reyes requested BBQ turkey and brisket for his last meal, along with a
bowl of cheddar cheese and avocados.

On March 11, 1998, Barraz did not return home from a restaurant in
Muleshoe, Texas, a town along the Texas-New Mexico state line northwest of
Lubbock, where she worked as a waitress.

Baiz was found in the back of Reyes' car, parked behind a store in
Presidio, a Texas border town. Reyes had left the gray 1996 Mitsubishi
hatchack at the Budget Dollar Store and crossed the border on foot in
Presidio, some 450 miles south of Muleshoe.

Reyes, 33, was the 17th inmate executed this year in the nation's most
active capital punishment state and the 2nd in as many days. Another
execution is set for next week.

The U.S. Supreme Court in March refused to review Reyes' case, and a
federal lawsuit on his behalf challenging the constitutionality of the
Texas lethal injection procedure was dismissed Monday by a federal judge
in Houston. No additional appeals were filed by his lawyer.

I think that's what he wants, attorney Paul Mansur said after meeting
with Reyes on death row this week. Just let it go.

Reyes already was known to local police. A month earlier, he chased Barraz
around town, took a shot at her with a rifle, wound up getting arrested
and was free on bond.

We certainly wanted to find him and visit with him, recalled Don Carter,
the former Muleshoe police chief. I don't think you have to be in law
enforcement to figure that deal out. And the fact was we never could find
him, which just made him even more so a suspect.

Blood evidence found outside the restaurant where Barraz worked led police
to believe she was attacked there. Before dawn the next morning, border
police questioned Reyes as he was walking toward Mexico across the
International Bridge at Presidio. He was carrying as much as $100 in coins
but authorities could determine no reason to detain him and allowed him to
continue into Mexico.

It would take another nearly three months before police arrested Reyes in
Portales, N.M., about 40 miles west of Muleshoe. When picked up, he was
carrying keys to Barrazs car and home.

The sad part about it was he crossed over by the time she was determined
to be a missing person, said Carter, now a captain with the Lubbock
County Sheriffs Department. So we were just behind him, and since he got
across the border, it delayed apprehension.

Reyes at some point returned to the United States and acting on a tip,
authorities arrested him about 3 months after the slaying in Portales.

At his trial, witnesses told of Reyes and Barraz having a stormy
relationship. A police officer testified Barraz had complained about Reyes
stalking her 2 weeks before she disappeared. DNA evidence from Reyes was
found on the victim's clothing.

A Bailey County jury deliberated about 2 hours before convicting him of
capital murder. They took another 2 hours before deciding on the death
penalty.

She was a beautiful, vivacious, respectful young lady, said Victor Leal,
a former Muleshoe mayor who ran the restaurant where Barraz had been
working for several months. I regret the fact apparently he'd been
stalking her and she did not tell me that.

Ive always looked back and thought if I had taken time, sat down and
known her a little better, maybe she would have shared that with me and I
would have done something like make sure she was getting walked out to her
car.

(source: Huntsville Item)



Texas execution toll reaches 17, 2 just this week-State leads nation
in capital punishment; 11 executions pending


Gilberto Reyes was executed Thursday night for stalking and murdering his
ex-girlfriend, Yvette Barraz. He is the state's 17th inmate executed this
year and the second this week. Eleven state executions are pending until
Oct. 3, according to a list of scheduled executions on the Texas
Department of Criminal Justice's Web site.

Texas leads the nation in capital punishment.

Michelle Lyons, spokeswoman for the criminal justice department, said
there is no specific reason why the high number of executions have been
scheduled back to back.

When judges schedule executions, they don't have access to information
that tells when someone else is scheduled for execution, Lyons said.
It's quite 

[Deathpenalty] death penalty news----TEXAS, CONN., MONT., N.MEX., UTAH

[Rick Halperin]

June 22




TEXAS:

West Texas man executed in murder


A West Texas man who kidnapped his ex-girlfriend and beat her to death
with a claw hammer was executed Thursday afternoon for the 1998 crime.

Gilberto Guadalupa Reyes, 33, was pronounced dead at 6:17 p.m., eight
minutes after the leth dose began to flow.

Reyes did not look at the family of his victim, 19-year-old Yvette Baiz,
as they stood near the head of the execution gurney, separated by glass
and metal bars.

I love ya'll and I miss ya'll, Reyes said, beaming from ear to ear with
a smile. He did not specify to whom he was speaking.

Baiz's mother, father, brother, sister and uncle all stared ahead in
silence, seemingly unmoved by the scene.

Reyes requested BBQ turkey and brisket for his last meal, along with a
bowl of cheddar cheese and avocados.

On March 11, 1998, Barraz did not return home from a restaurant in
Muleshoe, Texas, a town along the Texas-New Mexico state line northwest of
Lubbock, where she worked as a waitress.

Baiz was found in the back of Reyes' car, parked behind a store in
Presidio, a Texas border town. Reyes had left the gray 1996 Mitsubishi
hatchack at the Budget Dollar Store and crossed the border on foot in
Presidio, some 450 miles south of Muleshoe.

Reyes, 33, was the 17th inmate executed this year in the nation's most
active capital punishment state and the 2nd in as many days. Another
execution is set for next week.

The U.S. Supreme Court in March refused to review Reyes' case, and a
federal lawsuit on his behalf challenging the constitutionality of the
Texas lethal injection procedure was dismissed Monday by a federal judge
in Houston. No additional appeals were filed by his lawyer.

I think that's what he wants, attorney Paul Mansur said after meeting
with Reyes on death row this week. Just let it go.

Reyes already was known to local police. A month earlier, he chased Barraz
around town, took a shot at her with a rifle, wound up getting arrested
and was free on bond.

We certainly wanted to find him and visit with him, recalled Don Carter,
the former Muleshoe police chief. I don't think you have to be in law
enforcement to figure that deal out. And the fact was we never could find
him, which just made him even more so a suspect.

Blood evidence found outside the restaurant where Barraz worked led police
to believe she was attacked there. Before dawn the next morning, border
police questioned Reyes as he was walking toward Mexico across the
International Bridge at Presidio. He was carrying as much as $100 in coins
but authorities could determine no reason to detain him and allowed him to
continue into Mexico.

It would take another nearly three months before police arrested Reyes in
Portales, N.M., about 40 miles west of Muleshoe. When picked up, he was
carrying keys to Barrazs car and home.

The sad part about it was he crossed over by the time she was determined
to be a missing person, said Carter, now a captain with the Lubbock
County Sheriffs Department. So we were just behind him, and since he got
across the border, it delayed apprehension.

Reyes at some point returned to the United States and acting on a tip,
authorities arrested him about 3 months after the slaying in Portales.

At his trial, witnesses told of Reyes and Barraz having a stormy
relationship. A police officer testified Barraz had complained about Reyes
stalking her 2 weeks before she disappeared. DNA evidence from Reyes was
found on the victim's clothing.

A Bailey County jury deliberated about 2 hours before convicting him of
capital murder. They took another 2 hours before deciding on the death
penalty.

She was a beautiful, vivacious, respectful young lady, said Victor Leal,
a former Muleshoe mayor who ran the restaurant where Barraz had been
working for several months. I regret the fact apparently he'd been
stalking her and she did not tell me that.

Ive always looked back and thought if I had taken time, sat down and
known her a little better, maybe she would have shared that with me and I
would have done something like make sure she was getting walked out to her
car.

(source: Huntsville Item)



Texas execution toll reaches 17, 2 just this week-State leads nation
in capital punishment; 11 executions pending


Gilberto Reyes was executed Thursday night for stalking and murdering his
ex-girlfriend, Yvette Barraz. He is the state's 17th inmate executed this
year and the second this week. Eleven state executions are pending until
Oct. 3, according to a list of scheduled executions on the Texas
Department of Criminal Justice's Web site.

Texas leads the nation in capital punishment.

Michelle Lyons, spokeswoman for the criminal justice department, said
there is no specific reason why the high number of executions have been
scheduled back to back.

When judges schedule executions, they don't have access to information
that tells when someone else is scheduled for execution, Lyons said.
It's quite 

[Deathpenalty] death penalty news----TEXAS, CONN., USA, NEB., TENN.

[Rick Halperin]

April 17


TEXAS:

Controversial Revelation of Death Penalty Injustice, Last Words from Death
Row, Scheduled for Release in April 2007


Nightengale Press will release Last Words from Death Row written by Norma
Herrera in April 2007.

Norma Herrera lived her brother Leonel Herrera's personal hell as he
waited on Death Row for the courts to decide if the new evidence that
proved his innocence would save his life. To fulfill her last promise to
Leo -- to tell his story, to tell the truth -- Ms. Herrera has authored
Last Words from Death Row.

In Last Words from Death Row (Nightengale Press, ISBN 1-933449-29-2,
$19.95) Ms. Herrera writes:

On February 16, 1992, Applicant filed a petition for writ of habeas corpus
in the United States District Court for the Southern District of Texas. He
showed that he had important and compelling evidence of his innocence and
argued that because of his innocence it would violate the United States
Constitution to execute him. ... Collins v. Herrera, 754 F.2d 1029 (5th
Cir. 1992). The Fifth Circuit held that, based upon Supreme Court
precedent, innocence did not provide a basis for federal habeas corpus
relief.

In 1993, the court ruled in Herrera vs. Collins, 506 U.S. 390 (1993) that
a prisoner cannot simply argue in federal court that new evidence points
to his innocence. He first must prove that his trial contained procedural
errors (the technicalities that may free the guilty but also protect the
innocent). In this case, Leonel Herrera had been convicted of shooting two
police officers. Ten years later, he submitted affidavits from witnesses
who said that his now-dead brother had been the killer (one witness was
his brother's son, who says he saw the murders). Without considering the
statements, the court told Herrera to sit down and shut up. Federal
habeas courts do not sit to correct errors of fact but to ensure the
individuals are not imprisoned in violation of the Constitution, it said.
In other words, being falsely imprisoned is not a violation of your
rights. Herrera was executed four months after the ruling.

Last Words from Death Row documents court events and press coverage, and
calls into question the landmark decisions that sent her brother to his
death. In the book, Ms. Herrera recounts the tribulations she and her
family suffered as they worked to free Leonel Herrera from his fate. In
his last words, Leonel Herrera said: I am innocent, innocent, innocent. I
am an innocent man, and something very wrong is taking place tonight.

If all the court proceedings, including the Supreme Court's decision prior
to Leo's execution represent the visible tip of the death penalty iceberg,
Last Words from Death Row exposes the enormous human tragedy that resides
below the surface. Her questions drive a powerful wedge between the legal
process in capital cases and the truth. Why do the guilty go unpunished?
When is innocence not enough to free a convicted man? Does Truth not
prevail in the American Justice system? Who pays? Who is next?

Last Words from Death Row will be available through Nightengale Press
(www.nightengalepress.com), through online retailers and better bookstores
in April. For more information, or to interview Ms. Herrera, contact
Valerie Connelly at (847) 810-8498.

(source: PRWEB)

**

Supreme Court Refuses San Antonio Man's Death Row Appeal


A convicted killer condemned for an attack in which 2 of the 3 murder
victims were injected with household cleaner before they were stabbed to
death lost an appeal Monday at the U.S. Supreme Court, moving him closer
to execution.

The court refused to hear appeals from Clifford Kimmel of San Antonio and
2 other Texas death row inmates -- Lionell Rodriguez, a Houston man
convicted of a notorious fatal carjacking, and Christopher Coleman,
condemned for a triple slaying in Houston. Rodriguez is scheduled to die
by lethal injection on June 20. Neither Kimmel nor Coleman has a pending
execution date.

Kimmel and another man, Derek Murphy, were arrested for the April 1999
fatal stabbings of Rachel White and Susan Halverstadt, both 22 and dancers
at a topless bar, and Brett Roe, 29. Their bodies were found in a San
Antonio apartment.

Kimmel, who had a previous burglary conviction, was arrested about 6 weeks
later for a parole violation and confessed to police. Court records show
he and Murphy injected two of their victims with the cleaner Tilex to drug
them before they robbed them. Kimmel pleaded guilty to capital murder, and
a jury decided he should be executed.

A defense psychiatrist testified at his trial the Kimmel, now 31, had been
a heavy user of methamphetamines since he was 13 or 14.

Kimmel's companion, Murphy, is serving a life prison term for his role in
the slayings.

Rodriguez is set to die for the 1990 shooting death of Tracy Gee, a
22-year-old woman gunned down while in her car at a stoplight. He was 19
at the time of the shooting and on parole only 3 weeks after serving 3

[Deathpenalty] death penalty news----TEXAS, CONN., TENN., N.J.

[Rick Halperin]

April 1



TEXAS:

So children are a priority?


TEXAS legislators lack credibility when it comes to protecting our
children.

The Texas House recently passed a bill (HB 8) that would increase
penalties for people who molest children, and the state Senate is
considering a similar bill (SB 5).

Although I support efforts to protect children against child molesters, I
oppose these bills because they might actually prove harmful to children
and to law-enforcement efforts.

I also oppose these bills because they include a provision that allows
juries to give the death penalty for second-time child molesters.

Children can be protected by long-term incarceration and treatment of
child molesters  our death penalty in Texas doesn't need to be expanded!

And, such expansion might prove to be unconstitutional, anyway.

I am concerned that these bills are motivated more by politics than by a
genuine concern for our children.

My skepticism is based on statistics published by Texans Care for
Children, which say that among the 50 states, Texas has one of the highest
child-poverty rates. It also ranks near the bottom in terms of dollars
spent per child to prevent child abuse and neglect. It is clear that Texas
politicians have failed miserably when it comes to helping and protecting
our children.

The politicians who want to enact harsher punishments for child molesters
should first demonstrate that they are concerned about the thousands of
children who live in poverty, who don't have health insurance and who are
living in abusive and neglectful homes.

These politicians then might have more credibility when it comes to
passing stronger laws to protect children from child molesters.

DAVID ATWOOD--Houston

(source: Letter to the Editor, Houston Chronicle, Mar. 31)






CONNECTICUT:

Crime reporter Gerald Demeusy dead at 90


Gerald Demeusy, a crime reporter so well known that he once received a
wave from a serial killer in the electric chair, died Saturday after being
hospitalized with pneumonia. He was 90.

Demeusy covered crime for The Hartford Courant from 1953 to 1983. Before
that, he worked for the former Manchester (Conn.) Herald.

Demeusy personally knew many of those who were executed, and he had a
million stories, said Courant columnist Jim Shea, who worked with Demusey
in the 1970s. Back in those days he could often be found on death row
playing cards with the condemned prisoners. He was straight out of 'The
Front Page.'

Demeusy covered six executions for The Courant, including the 1960 death
of Joseph Mad Dog Taborsky, whose crime spree he had chronicled for the
paper.

Taborsky and an accomplice murdered 5 men and 1 woman during the 10-week
robbery spree of liquor stores and gas stations in the Hartford area.

Taborsky waved to the reporter from the electric chair. Demeusy later
wrote a book about the case, Ten Weeks of Terror.

Speaking at his retirement party in 1984, Demeusy described his career
this way:

I heard the whine of bullets and dodged debris in prison riots, rode in
police cruisers, chased ambulances, tagged along on manhunts, covered
shootings, raced through flaming buildings and witnessed executions. I
wrote thousands of stories. ... Some of the best came out of court.

Demeusy is survived by 4 children. Funeral arrangements were incomplete
Sunday.

(source: Hartford Courant)






USAimpending federal execution

Execution Set For Arkansas Man In 1994 Kidnap-Rape-Murder


The federal government will bring an Arkansas man to Terre Haute to be
executed on April 16th.

Bruce Carneil Webster was convicted in the 1994 kidnapping and death of
Lisa Rene. The 16-year-old girl was raped, beaten and buried alive after
her abduction was recorded in a desperate 911 call.

The Bureau of Prisons says Webster is scheduled to die by injection.

Webster and Orlando Hall were among 5 men whom prosecutors said kidnapped
Rene from her Arlington, Texas, home. The girls body was found in a
shallow grave at a nature reserve in Pine Bluff, Arkansas, on October 2,
1994.

Webster would become the 1st prisoner put to death by the federal
government since the March 18, 2003, and the 4th since the government
resumed executions in 2001.

(source: Associated Press)



TENNESSEE:

Death Penalty Case


A Polk County man may face the death penalty for allegedly murdering his
estranged wife's friend.

Prosecutors will seek the death penalty for Brad Waldroup. He's accused of
killing Leslie Bradshaw and attempting to murder his estranged wife. Last
August, Bradshaw went with her friend Penny Waldroup to deliver Waldroup's
children for a visit with their father. According to detectives, at some
point they started to argue and that's when Waldroup murdered Bradshaw and
injured penny.

Police say he murdered Bradshaw in front of his 4 children.

(source: WRCB TV News)






NEW JERSEY:

Death penalty in U.S. is topic, April 4


Anne James, executive director of the International Justice Project, will
present a lecture 

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

[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 injection 

[Deathpenalty] death penalty news----TEXAS, CONN., CALIF., W. VA./TEXAS

[Rick Halperin]

Jan. 19


TEXAS:

Sinegal Murder Trial Set for July


The defense attorney's for Gary Sinegal have yet to decide if they will
request a change of venue.

At a pre-trial hearing Wednesday, Jefferson County set a date for the Gary
Sinegal murder trial to begin--July 31st.

Sinegal is charged with Serial Capital Murder for the killings of 2
elderly Port Arthur women last April. Authorities believe Sinegal brutally
beat the women at each of their homes, and then shoved the bodies into
their closet.

The question now is whether the defense plans to request a change of venue
from the Jefferson County Courthouse to another court, in another county,
in order to give Sinegal a fair trial.

Much of the evidence revolves around DNA.

DNA evidence always tends to be, in every case, very convincing, said
Jefferson County Assistant District Attorney Ed Shettle, whether it's
presented by the state or the defense.

But Sinegal's attorneys said that they still need to examine the forensic
evidence gathered from the crime scenes.

That's something we need to have our experts look at also, said Defense
Attorney James Makin.

The prosecution has made it very clear that they want the death penalty
for Sinegal.

If any capital murder defendants deserved the death penalty in Jefferson
County, he's gonna deserve the death penalty, said Shettle.

Now, Makin said that his team has one focus for Sinegal: To save his
life.

And that is one reason the defense has considered asking that the trial be
moved out of the county, so that the defendant can have an unbiased jury.

Some Port Arthur residents believe a change of venue would be fairest
thing to do since many people were affected by the murders.

I'm pretty sure people out here got their minds made up, said Mary
Quibodeaux.

Another resident, Christina Wiggins, thinks that keeping the trial in
Jefferson County is the right thing. I think the people in the county
should be the ones that try him, so that he can get what he deserves, she
said.

If the defense decides to ask for a change of venue, Makin said that the
request will come very soon.

(source: KBTV News)



So you want to be a cop ... Real-life drama harsh enough for CSI team,
says Glen Tolle


CSI: Plano. Wildly popular TV show? Nope, the recent Crime Scene
Investigations presentation to the Plano Citizens Police Academy is about
the real thing. No dramatics, no suspects lurking in closets, no slinky
babes.

CSI is the meticulous and exacting analysis of a crime scene. The goals
are to identify the guilty party and obtain evidence that will survive the
attacks of a no-holds-barred defense lawyer in a court of law.

John Naylor, a Plano Police Department forensic expert, has seen the
entire spectrum of criminal activities, from arson to zip guns. Each CSI
follows a set of basic steps: Initially, don't touch anything. Examine the
scene and formulate a game plan for the investigation. Then start
collecting evidence and trying to establish a chronology of events.

The location and storage of evidence, from collection at the crime scene
to analysis in the lab and presentation in the courtroom, must be
carefully documented. Otherwise, a defense lawyer can claim the evidence
may have been compromised. The CSI team uses notes, sketches, photos and
videos to portray the layout of the crime scene. Evidence may include just
about anything you can imagine - weapons, blood, fingerprints, tire
tracks, DNA, hair, a receipt, textiles, a coffee cup, and on and on. Fake
evidence may have been planted to lead the investigation in the wrong
direction.

The CSI unit investigates all crimes, from murder and suicide to auto
theft and criminal mischief. Mr. Naylor lists the intangible tools of the
CSI trade as patience and common sense. He ties it all together with a
case study of a real investigation. Police photos of the crime scene are
appalling.

On Aug. 22, 2000, Kleber and Lilian Santos were murdered in their
apartment on Spring Creek Parkway. The young couple, in their 20s, were
natives of Brazil. Mr. Santos was an Ericsson employee who worked in
Richardson. Mrs. Santos, a pharmacology student in Brazil, was visiting
her husband during a school holiday. Both were murdered by gunshots to the
head.

The initial investigation disclosed no sign of forced entry. There was no
immediate indication that anything had been stolen from the apartment.
There were blood spatters in several areas. Blood had been washed off a
phone found in one side of a double sink. Bloody socks in the other side
had been used as gloves. Mrs. Santos had been forced to take a shower. She
was found unclothed on the bed with her hands tied by a telephone cord.

A neighbor had discovered the bodies and called the police. No one had
heard gunshots or seen any suspicious visitors.

The ongoing investigation revealed that at least 3 items were missing from
the apartment: a toy Jeep, an electric guitar and a 35mm camera.

There was no motive or 

[Deathpenalty] death penalty news-----TEXAS, CONN., PENN., VA., FLA.

[Rick Halperin]

Dec. 31



TEXAS:

Investigators tracked KFC case for decades


James Stroud remembers sitting at the home of his longtime buddy who had
gone missing, offering comfort and encouragement to his friend's parents
and pregnant wife.

After painful hours of waiting, the phone rang. Almost simultaneously
there was a knock on the door. Both messengers brought the same terrible
news: David Maxwell was dead.

Maxwell had been shot in the head and dumped near an oil field, along with
four others who disappeared the night before from the Kentucky Fried
Chicken restaurant where they worked in the small East Texas town of
Kilgore.

That's how the whole family found out, recalled Stroud, at the time a
20-year-old college student and a pall bearer at Maxell's funeral. I
can't even tell you what it's like.

That 1983 day was one of many Stroud would spend focused on what became
known as the Kentucky Fried Chicken killings. Years later, as Rusk County
sheriff, he investigated what is 1 of Texas' longest unsolved murder
cases, helping lay the foundation for 2 murder indictments announced in
November.

Now 43, Stroud is convinced divine guidance led him to go from a business
major into law enforcement. He's equally certain God was instrumental on
the day, as a rookie sheriff, he got a visit from a retired FBI agent who
helped breathe new life into the investigation.

I'm at a point at my life where I can look back and know that God knew
exactly what he was doing, even when I didn't know it, said Stroud, who
now runs a deli and Christian gift shop in downtown Henderson.

It was after 10 p.m. on a Friday night in September when robbers showed up
at the KFC on the main drag through Kilgore, a town of about 11,000 that
was the hub of the 1930s East Texas oil rush.

About an hour later, assistant manager Mary Tyler's daughter arrived to
pick her up from work. Tyler, 37, wasn't there. Neither were her
co-workers Opie Ann Hughes, 39; a Kilgore College fraternity brothers Joey
Johnson, 20; Monty Landers, 19; and Maxwell. Investigators would later
find blood was on the floor and a cash register tape showing about $2,000
had been in the cash box.

On a road that led to an oil field about 15 miles south of Kilgore, an oil
field worker that Saturday morning made the ghastly discovery. The five
KFC workers had been shot in the head from behind. Maxwell, Johnson,
Landers and Tyler were lined up. Hughes was about 50 yards away.

It just doesn't seem like that long ago, Stroud said. We were just
kids. I was just a kid. But at that time, the thing that bothered me the
most was that Lana was pregnant. ... She's going to have a baby and she's
going to be by herself.

In 1990, Stroud joined the Kilgore Police Department. 6 years later, at
age 33, he was elected sheriff and inherited an office where big file
cabinets were filled with KFC case information.

I think there was feeling for a long time that people just didn't think
the case could be solved, Stroud said.

Not long after taking office, he met retired FBI agent George Kieny, who
had spent a good part of his career working the case with the FBI and for
a year with the Texas attorney general's office.

I remember asking: Can it be solved? He said he felt it could be, Stroud
said.

The following year he again bumped into Kieny, and the two talked for a
half hour about the case at a downtown Henderson storefront. That was the
day, in Stroud's mind, where the investigation took an important turn. He
hired Kieny part time.

Instead of trying to come up with some new idea, we decided to look at
everything from the beginning, every report that had been written, every
statement that had been taken, and gather all the evidence we could gather
in the case, Stroud said.

The investigation long had been a roller coaster. Multiple locations.
Multiple victims. Multiple law enforcement agencies. Multiple tips.
Evidence sent to multiple labs.

A grand jury investigated in 1985 but returned no indictments. About a
decade later, a torn fingernail found on one victim led to an indictment,
but capital murder charges were dropped when tests showed the nail was not
the suspect's.

Kieny had been with the FBI office in Tyler since 1971 and arrived in
Kilgore 2 days after the bodies were discovered. His role was to pursue
out-of-state leads. After two years, the Texas Rangers, in charge of the
investigation, asked that Kieny be assigned to the case full time.
Eventually, he had to turn his attention to other cases and away from the
KFC killings.

Instead of working at it every day, you worked it when something came up.
That's what we did for many years, he said.

Kieny retired from the FBI in 1995, and then went to the Texas attorney
general's office. He resigned not long after the office lost interest in
the KFC case when the fingernail indictments fell through.

He continued to stay in touch with Rusk County investigators over the few
years, helping them follow-up on leads until Stroud asked him in 2001 

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

[Rick Halperin]

April 22


TEXASlegislation to expand state death penalty law

Bill seeks death penalty for murderers of judges


Any person who murders a judge in Texas could receive the death penalty if
found guilty, according to a provision approved Thursday by the Senate
Criminal Justice Committee. The bill by Sen. John Whitmire, D-Houston,
classifies the murder of any jduge, including municipal judges and
justices of the peace, as a capital crime. The bill follows the fatal
shooting of a judge in Atlanta in March and the slaying of a judge's
husband and mother in Chicago in February.

***

Current status TX death penalty legislation



On Monday, when the House and Senate convene there will be only 35 days
left in the legislative session.  On Monday, May 9, various legislative
deadlines begin to take effect.  For instance, May 9, the 119th Day, is
the last day for House committees to report HB's and HJR's.  Most days in
May have deadlines associated.

Also, bills are beginning to move between the bodies.  Some highlights of
the past week include:

SB 60, Life without Paroles has passed the Senate, and a substitute has
been favorably reported by House Criminal Jurisprudence.  It will be
scheduled for floor consideration by the Calendars Committee.  House
passage is expected.

SB 1263, by Whitmire, passed the Senate.  It would create an oversight body
to ensure the quality of forensic science.

SB 925, by Duncan, passed the Senate.  It relates to technical issues
involving competency to be executed.

SB 544, by Shapleigh, to create a death penalty study commission has been
placed on the Senate intent calendar awaiting floor consideration.  (This
means the sponsor is looking for 21 votes for floor consideration.)

SB 548, by Ellis, mandating clemency consideration in capital cases has
been place on the Senate intent calendar awaiting floor consideration.

SB 1033, by Ellis, would grant subpoena power to the Governor's Criminal
Justice Advisory Council.  The committee substitute was approved by Senate
Criminal Justice Committee.

As always, if you have any questions, thoughts, or suggestions, please
e-mail/call me.

Steve Hall
512.478.7300  (o)
sh...@standdown.org
www.StandDown.org
- - - - -

Current status TX death penalty legislation
04-22-2005



 HB 48Keel  Relating to disposal of an exhibit in a capital case.
Specific Remarks: This bill relates to requirements of district clerks to
maintain evidence, a very legitimate issue. Some defense lawyers have
concerns they hope to address
Bill History: 11-08-04 H Filed
01-27-05 H Introduced and referred to committee on House Criminal
Jurisprudence



 HB 61McClendon  Relating to the punishment for a capital felony
committed by a person who is younger than 18 years of age at the time of
committing the felony.
Companions: HB 333 (I)SB 226 (I)
Specific Remarks: The Dutton bill (HB 434) will be heard March 8.
Increases age limit for death penalty eligibility to 18 years of age.
Bill History: 11-08-04 H Filed
01-27-05 H Introduced and referred to committee on House Criminal
Jurisprudence



HB 66McClendon  Relating to the punishment for a capital offense.
Specific Remarks: Sen. Lucio is prime sponsor. He is working with Goolsby
in Hs. (HB 284).
Bill History: 11-08-04 H Filed
01-27-05 H Introduced and referred to committee on House Criminal
Jurisprudence
04-19-05 H Meeting set for 2:00 P.M. or Adj., E2.016, House Criminal
Jurisprudence
04-19-05 H Committee action pending House Criminal Jurisprudence



 HB 93Riddle  Relating to the showing the cause of death on the death
certificate of an inmate of the Department of Criminal Justice who is
lawfully executed.
Specific Remarks: Changes cause of death noted on death certificate. Has
been introduced before and failed to advance.
Bill History: 03-23-05 H 1 Floor amendment(s) adopted
03-23-05 H Passed to third reading (Vote: Y:119/N: 23)
03-29-05 H Laid out for discussion
03-29-05 H 1 Floor amendment(s) adopted
03-29-05 H Passed (Vote: Y:136/N: 4)



 HB 268Keel  Relating to the qualifications and appointment of counsel
for indigent defendants in capital cases.
Senator Hinojosa is the Senate sponsor.
Bill History: 03-21-05 H Laid out for discussion
03-21-05 H 1 Floor amendment(s) adopted
03-21-05 H Passed (Vote: Y:140/N: 0)
03-21-05 S Received in the Senate - Not referred
03-30-05 S Referred to Senate Committee on Senate Criminal Justice



 HB 284Goolsby  Relating to the punishment for a capital offense.
Companions: HB 454 (I)
Specific Remarks: Goolsby companion to SB 60. LWoP now as second option.
Bill History: 01-04-05 H Filed
02-02-05 H Introduced and referred to committee on House Criminal
Jurisprudence
04-19-05 H Meeting set for 2:00 P.M. or Adj., E2.016, House Criminal
Jurisprudence
04-19-05 H Committee action pending House Criminal Jurisprudence



 HB 333Burnam  Relating to the punishment for a capital felony
committed
by a person who is younger than 18 

[Deathpenalty]death penalty news-----TEXAS, CONN., MO., N. DAK.

[Rick Halperin]

May 3


TEXAS -- impending execution

3-time parolee set to die for fatal beating


3times Lonnie Wayne Pursley was sent to prison. 3 times he was let out on
parole.

A jury in Polk County ensured he wouldn't get out a fourth time when they
decided in 1999 he should be put to death for the fatal beating and
robbery of a 47-year-old East Texas man.

The lethal injection of Pursley, 43, was scheduled for Tuesday evening.

Because of bed shortages and court-imposed population limits, Texas
corrections officials in the late 1980s and into the 1990s were forced to
release convicts early until new prisons were built that eased the
problem.

It's not our decision who stays in or who gets out, said San Jacinto
County Sheriff Lacy Rogers, who has known Pursley for years because of the
convict's run-ins with the law. It happens a lot. During most of those
times, it was overcrowding there.

The U.S. Supreme Court refused last month to review Pursley's capital
murder conviction. Attorneys trying to keep Pursley from becoming the 6th
Texas inmate to be executed this year were back in the courts, challenging
the trial testimony of a medical examiner.

Pursley, a Houston native who grew up in Coldspring in San Jacinto County,
was on parole when he was arrested, tried and condemned for the death of
Robert Earl Cook, of Livingston.

Court documents indicated Cook was driving on U.S. Highway 59 near
Shepherd, in San Jacinto County, where Pursley had gotten into an argument
with his wife while attending a gathering at his mother-in-law's house.
Prosecutors speculated Pursley was walking along the highway and Cook, who
was known to pick up hitchhikers, offered Pursley a ride.

Somehow both wound up at Cook's trailer home March 28, 1997, and at some
point the pair drove into the woods in the northeast part of Polk County
where Cook was beaten to death and robbed of his rings. Witnesses told
authorities they saw Pursley driving Cook's car later and that he traded
the rings for drugs.

Pursley, who declined to speak with reporters on death row, said on a
prison pen pal Web site that the case and testimony against him were
false.

Most of the evidence used against me was fabricated, botched, tainted,
and yes, even planted! he wrote.

There was not anything planted, Polk County Sheriff Kenneth Hammack, who
was a Texas Ranger at the time and investigated the slaying, said last
week.

Pursley turned himself in after a warrant had been issued for his arrest.

Stephen Taylor, one of Pursley's trial lawyers, said his client was less
than cooperative in helping develop a defense.

He wouldn't tell us anything, Taylor said. He never told us how they
got together, what happened, anything. We don't know what happened to
trigger the incident, how they happened to get to the victim's residence,
if he was at the victim's residence and how he came into possession of the
victim's car.

We did the very best we could do. It was very difficult.

About a week after Cook's mother filed a missing person report, a
passer-by found his decomposing body in a wooded area at the end of a
dead-end dirt road about 2 1/2 miles from his home.

9 days later, Cook's car was found abandoned in a wooded area in
neighboring San Jacinto County, where Pursley was well known to
authorities.

Lonnie's just one of those souls that got involved in drugs and totally
devastated his life and went downhill, Rogers said.

DNA evidence found 18 months later on a cigarette butt in the ashtray of
Cook's car was used to link Pursley to the vehicle, according to court
documents.

In 1987, Pursley received five years in prison for burglary and was
paroled 3 years later. Within 5 months he wound up back behind bars with a
10-year term for theft but was paroled after 14 months. The following
year, he picked up a 20-year term for burglary but was out in 3 1/2 years.
16 months later, Cook was killed.

At least 3 other Texas inmates have execution dates for later this month.

ON THE NET--Texas execution schedule
http://www.tdcj.state.tx.us/stat/scheduledexecutions.htm

Pursley Web page http://www.ccadp.org/lonniewaynepursley.htm

(source: Associated Press)

***

Texas Prepares For 6th Execution Of 2005


Final appeals are pending for Texas death row inmate Lonnie Wayne Pursley,
43, who is scheduled to die just after 6 p.m. Tuesday in the state's death
chamber in Huntsville.

Pursley was sentenced to die for the robbery and beating death of Robert
Earl Cook, 47, of Livingston.

The U.S. Supreme Court refused to review the case last month.

Attorneys trying to halt the punishment are challenging the trial
testimony of a medical examiner.

Pursley is a Houston native who grew up in Coldspring.

Court documents indicated Cook was driving near Shepherd, where Pursley
had gotten into an argument with his wife while at his mother-in-law's.

Prosecutors believe Pursley was walking along the highway and Cook offered
him a ride.

Pursley says, on a prison pen