[Deathpenalty] death penalty news----KY., USA, CALIF., ALA., FLA.
Feb. 6 KENTUCKY: Lawyer Radolovich to give up license Perjury charge came in death-penalty case Fred Radolovich, the Louisville lawyer who once falsely claimed to have prosecuted a Serbian war criminal at the World Court, has agreed to surrender his license to practice. Radolovich agreed Friday to resign from the bar in exchange for prosecutors dropping a charge that he perjured himself when speaking under oath about his experience in death penalty cases. "It has always been our belief that the interests of justice would be best served by removing Mr. Radolovich from practice, and we have accomplished that," said Assistant Commonwealth's Attorney Jeanne Anderson. She said the deal was designed to protect criminal defendants and civil clients whom Radolovich represents now or would have in the future. Radolovich, 60, who must resign by March 31, was in court in Lyon County yesterday, according to a message on his voice mail, and he didn't return calls seeking comment. His lawyer, Frank Mascagni, said: "In matters where our defense of clients overlapped, I found him to be a competent attorney. I am not going to say anything bad about the man." The perjury charge was one of a string of embarrassments in recent years for Radolovich, who was probably best known for representing Tina Conner, the mistress of former Gov. Paul Patton. In November, seven members of the U.S. 6th Circuit Court of Appeals said Radolovich did a poor job representing James Earl Slaughter, who was sentenced to death for murder in 1983. Radolovich never discovered his real name or that he had an untreated skull fracture as a child, which might have resulted in a lesser sentence. In April, a three-judge panel of the same court found Radolovich filed an "incoherent brief" in the appeal of a civil-rights case against the city of Muldraugh. It was so inaccurate he should have known it was frivolous, the panel said. The court fined him $9,500. In January 2002, The Courier-Journal reported that Radolovich had falsely asserted to the newspaper two years earlier that he was licensed in England as a barrister and that he was heading to the World Court at the Hague to prosecute a Serbian general. In May 2000, a Jefferson Circuit Court jury ordered him to pay $72,000, including $60,000 in punitive damages, to a Louisville neurosurgeon who claimed Radolovich filed a medical malpractice suit against the doctor without any evidence of negligence and without consulting an expert. Radolovich conceded that the only doctor he consulted before filing the lawsuit was one of his own clients -- a family practitioner accused of fondling patients during gynecological exams. Radolovich's deal with prosecutors stems from his indictment on a perjury charge in July 2003. He was accused of lying during a 1994 hearing in a post-conviction appeal filed by Slaughter, who said Radolovich had provided ineffective counsel at Slaughter's trial 11 years earlier. During the 1994 hearing, Radolovich said that before representing Slaughter, he had tried six death penalty cases, including four when he worked briefly at the New York district attorney's office. He also said he had headed an organized-crime unit there. But the prosecutor who supervised Radolovich in New York said in an affidavit that neither assertion was true. In an agreement approved by Judge James Shake, Radolovich agreed to withdraw from the Kentucky Bar Association and from any other state or federal bar where he is authorized to practice. Marguerite Neill Thomas, who represents Slaughter as manager of the state Department of Public Advocacy's post-conviction branch, said, "It is commendable that the commonwealth recognizes that Mr. Radolovich shouldn't represent clients anymore, but they should also set aside Mr. Slaughter's death sentence, which resulted from Mr. Radolovich's poor representation." Slaughter was convicted in the January 1983 murder of Esther Stewart, who owned a Louisville consignment store, and is on death row at the Kentucky State Prison at Eddyville. The 6th Circuit's 7-7 vote sustained his conviction and sentence; Thomas said she expects to file a motion by March 1 asking the U.S. Supreme Court to hear the case. Anderson, the prosecutor in the perjury case, said in an interview that she believes the bar could have acted against Radolovich more quickly after his indictment four years ago. The case was set for trial several times but continued. KBA President Bob Ewald said the bar usually waits until a prosecution runs its course because a felony conviction means that disciplinary sanctions against the lawyer are automatic. "We don't like to interfere with commonwealth's attorneys and their prosecutions," he said. The bar's chief disciplinary counsel, Linda Gosnell, confirmed it had investigated Radolovich for his assertions about his role at the World Court. But the investigation foundered because Radolovich claimed through counsel he was misquoted, and the
[Deathpenalty] death penalty news----N.Y., N. MEX., ARIZ., S. DAK., N.C.
Feb. 6 NEW YORK: Victim's sobbing son testifies in Brooklyn death-penalty case A weeping teen left jurors crying in a hushed Brooklyn courtroom as he testified Tuesday in the death penalty case against a notorious drug lord convicted of hiring hitmen to kill the boy's father. "My father was a wonderful human being," said 14-year-old Troy Singleton Jr. before dissolving into tears as convicted killer Kenneth "Supreme" McGriff sat impassively at the defense table. McGriff was convicted by a federal jury last Thursday of paying $50,000 to have two rivals killed _ including Troy Sr. The youth was 1 of 3 witnesses called by prosecutors in the death penalty phase of the case against McGriff, 46, 1 of the most infamous crack dealers in Queens. He was the founder of the Supreme Team, a wealthy and violent drug crew, in the 1980s. The witnesses were relatives of the slain men, with each one choking up while recalling their loved ones. The most wrenching scene came when the slight Singleton walked through the quiet courtroom and took the witness stand to remember his father. "If he was here, my life would be much better," he said between sobs as jurors wiped at their eyes. "Without him here, all I can do is cry. ... I miss him so." The same jury that convicted McGriff returned Tuesday to start the death penalty portion of the trial. Assistant U.S. Attorney Jason Jones told the panel that McGriff was deserving of lethal injection. "Supreme McGriff bought drugs and sold drugs, and he bought and sold people's lives," Jones said in his opening statement. "He left behind bodies like garbage in the middle of the street. ... He never showed any mercy, and the government believes he doesn't deserve any." Defense attorney Jean Barrett told the jurors to consider that McGriff's other option was dying behind bars. If the jury doesn't return the death penalty, McGriff will serve life without parole. "His life has value," Barrett said. "It should not be wiped off the face of the earth." Last week in the U.S. District Courthouse, the killer of two undercover police detectives was sentenced to die _ the first federal defendant sentenced to death in New York City since 1954. According to authorities, McGriff went back to drug dealing after getting out of prison in the 1990s. He paid a Harlem hit team to kill Singleton and another man, a rapper named E-Money Bags, in retaliation for the slaying of a McGriff associate. Both slayings occurred in 2001. (source: Associated Press) An industry on lockdown: How the 'prison-industrial complex' gained momentum INTERVIEW. The nation's prison system's main purpose is to incarcerate, and its critics say it is local communities and economies that are held captive. According to the Bureau of Justice Statistics, there are more than 2 million inmates held in prisons throughout the country. Each one of those inmates represents dollar signs to communities looking for jobs and improved infrastructure, said Dr. Adolphus Belk, a political science professor at Winthrop University in South Carolina. Metro spoke with Belk about the surprising allure of prisons, the advantages of an inmate constituency and the blurred purpose of the nation's corrections system. What has led to the "prison-industrial complex?" During the last 25 to 30 years, a number of issues have coalesced around crime and incarceration. The decline in industry has hurt towns built around certain industries like steel mills and textile plants, and has left communities trying to attract entities that will create more jobs. You have rural communities lobbying legislators for prisons in their districts because they see prisons as a way to create jobs in an non-polluting, environmentally safe fashion. If an expanded criminal system indicates more crime and, thus, more law enforcement, who really benefits? There are a number of different interests that include politicians, communities, businesses that provide services to those facilities and businesses that use prison labor, which would include Texas Instruments, Victoria's Secret and Target. One of the other effects is that Census money follows the inmate. If you have an inmate from New York City and he is sent up to Seneca Falls, N.Y., he's counted as part of that district. Elected officials then represent an increased number of constituents despite the fact that those new constituents can't vote. For example, I looked at Sussex County, Va., which from the mid-'90s until 2000 was one of the fastest growing counties in the nation. However, it was growing because the county had built 2 maximum security prisons and was housing death row inmates. Are there any drawbacks for communities that may be considering this strategy? It can cost anywhere from $4,000 to $40,000 to house an inmate over the course of a year. Plus, if there's an emergency at the site, it is up to local services to respond at a cost to the communities. Often, communitie
[Deathpenalty] death penalty news----MO., UTAH, MONT., OHIO
Feb. 6 MISSOURInew death sentence Jury gives Baumruk death penalty A jury decided on Tuesday that a man should receive the death penalty for killing his wife, Mary, and shooting four others at the St. Louis County Courthouse in 1992. The jury in St. Charles County deliberated for less than 3 hours after the penalty phase of the trial ended Tuesday morning, the St. Louis Post-Dispatch reported on its Web site, http://www.stltoday.com. Formal sentencing for Kenneth Baumruk will be March 19. The sequestered jury heard testimony from several of Baumruk's relatives, including Mary Baumruk's two daughters, during the penalty phase. The jury on Saturday found the former Seattle man guilty of the shootings during the couple's divorce hearing in 1992. Kenneth Baumruk, 67, was convicted of 1st-degree murder in the killing of his wife at the St. Louis County Courthouse. It was his 2nd trial, after a guilty verdict in the 1st was overturned by the state's highest court. Jurors ignored pleas by defense attorneys Robert Steele and David Kenyon to find Baumruk not guilty by reason of insanity. The 2 attorneys argued during the weeklong trial that Baumruk suffered from "delusional disorder" and couldn't appreciate the wrongfulness of his actions. There was little question that he fired the fatal shots. Several people witnessed the shooting in May 2001, and it was captured on audiotape. St. Louis County prosecutors J.B. Lasater and Dean Waldemer told jurors that Baumruk knew what he was doing. They said he bought 2 guns in January 1992 and told co-workers at Boeing Co. that he would "kill them all" at the couple's hearing, including his wife, the attorneys and the judge. They said Baumruk packed the guns in a suitcase for the flight from Seattle to St. Louis. For the bus ride to the courthouse, they said he put the pistols in his briefcase and put ammunition in his coat pockets. As the hearing began in 1992, Baumruk pulled out one of the pistols and began shooting. Baumruk was convicted of murder by a St. Louis County jury in 2001 and sentenced to death. But the Missouri Supreme Court threw out the conviction, saying the trial should have been moved out of the same courthouse where the shooting occurred. Baumruk was not determined mentally fit for his 2nd trial until August 2005. (source: Associated Press) UTAH: House approves broader use of death penalty Without a single objection, the House said anyone convicted of murdering a child under 14 should be eligible for the death penalty. The bill by Rep. Carl Wimmer, R-Herriman, has been criticized by death-penalty opponents, who want Utah to join other states in restricting or eliminating capital punishment. Wimmer said he's frustrated by Utah's sentencing rules, which can lead to parole for some killers after many years. "Prosecutors can seek the death penalty or they can seek life in prison without parole," Wimmer said in explaining his bill Tuesday. Maryland, New Jersey and Washington are considering eliminating the death penalty or limiting its use. In the Utah House, Wimmer's legislation passed, 72-0. It now moves to the Senate, where little opposition is anticipated. Gov. Jon Huntsman supports the death penalty but has said he's not ready to take a position on expanding it. He typically declines to comment on pending legislation. Another death-penalty bill by Rep. Paul Ray, R-Clearfield, is also advancing through the Legislature. It calls for death in cases where a child is killed during an act of abuse, sexual assault or kidnapping. In the recent case of a 10-year-old girl who was terribly abused, Davis County prosecutors said they did not seek the death penalty against her father because they could not prove that he intended to kill Shelby Andrews. Ryan Andrews, 38, was sentenced to 15 years to life in prison. (source: Associated Press) MONTANA: Opponents of death penalty try again Some Democrats and social activists are set to try again to abolish the death penalty, despite failed efforts in every legislative session this decade. They believe last summer's execution of convicted murderer David Dawson at Montana State Prison focused attention on the death penalty and may help efforts to abolish it. "That execution brought the situation to the forefront more than any other event in the state of Montana could have," said Moe Wosepka, executive director of the Montana Catholic Conference. Scott Crichton of the American Civil Liberties Union of Montana said death penalty opponents are not changing their lobbying tactics dramatically this session, but instead are counting on a shift in public opinion. "The mood and the public understanding, I think, is changing month to month, year to year," Crichton said. Efforts to stop the death penalty have been gaining traction nationwide, particularly after a botched lethal injection in Florida last year. Tennessee Gov. Phil Bredesen ordered a 90-day halt on death penalties
[Deathpenalty] death penalty news----worldwide
Feb. 6 UNITED KINGDOM: UK criticised over executions Tony Blair's desire to keep on side with the United States could scupper efforts to outlaw the death penalty worldwide, according to one of the campaigners against capital punishment. With Italy seeking support from the United Nations for a worldwide moratorium on execution, British reluctance to back the campaign has infuriated opponents of the death penalty. Marco Cappato, an Italian MEP and campaigner for a moratorium, told The Independent: "I don't think that Tony Blair is against abolishing the death penalty. But if he doesn't change his diplomatic resistance there is a risk of becoming responsible for the failure of a worldwide moratorium." Mr Cappato is a colleague of Marco Pannella, the Italian civil rights campaigner who went on hunger strike after hearing that Saddam Hussein was to be executed. Britain's caution over the issue is, Mr Cappato said, because of "the wish for a good relationship" with Washington. However, he argued that even in the US there are growing doubts about capital punishment. Mr Pannella's campaign prompted the Italian Prime Minister, Romano Prodi, to put the proposal before the UN's general assembly. But Britain was one of the countries which did not back it. Diplomats said that while Britain opposes the death penalty, it was sceptical about getting a resolution through the UN. The last effort to win a UN-sanctioned moratorium failed by a narrow margin. However, Mr Cappato said 45 countries had switched sides since then. A British official said: "The UK is signed up to the EU's common position on the death penalty and pursues this diplomatically at all levels. Discussions within the EU on how to proceed are still under way." (source: Belfast Telegraph) FRANCE/GLOBAL: Final declaration of the 3rd World Congress against the Death Penalty Paris, 1-3 February 2007 Assembled in Paris from 1 to 3 February 2007, on the initiative of Ensemble contre la peine de mort (Together against the Death Penalty), supported by the World Coalition against the Death Penalty, We, citizens and representatives of civil society and public authorities, meeting in even greater number than at the first 2 World Congresses against the Death Penalty in Strasbourg in 2001 and Montreal in 2004, adopt this Declaration at the conclusion of discussions involving some 30 debates as well as testimonies, analyses and exchanges of experiences and strategies. We welcome the fact that the death penalty is receding in the world and that since the Montreal Congress Greece, Kyrgyzstan, Liberia, Mexico, the Philippines and Senegal have abolished capital punishment, while no country has re-introduced it. We regret that, during the same period, some countries have resumed executions after prolonged moratoria, such as Bahrain in 2006, and that the death penalty is still applied on a large scale in a number of countries including China, Iran, Saudi Arabia, the United States and Vietnam. We strongly condemn the initiatives in some abolitionist countries to reintroduce the death penalty and demand in particular that the Peruvian authorities renounce this effort. We recognise that the process of abolition must be accompanied by a better consideration of the needs of victims and by an in-depth reflection on penal policy and prison systems, in the framework of an equitable and restorative justice. We demand with one voice the end throughout the world of justice that kills. No authority has the right to strike out a person's life. We recall that the death penalty is a cruel, inhuman and degrading treatment, that it is contrary to human rights, that it has no utility in the fight against crime, and that it always represents a failure of justice. The 3rd World Congress against the Death Penalty adopts the following recommendations: 1. We call on all countries to abolish the death penalty and to ratify international and regional abolitionist treaties, especially the Second Optional Protocol to the UN International Covenant on Civil and Political Rights. 2. Following on from the statement at the UN General Assembly in December 2006, which was supported by an unprecedented number of countries from around the world, we solemnly appeal to all states of the world to stop all executions immediately. Recognizing the great value that a successful resolution adopted by the UN General Assembly would have for the abolition of the death penalty worldwide, we invite the member states of the United Nations to take all necessary steps to ensure the adoption by the General Assembly of a resolution - calling for an immediate and universal moratorium on death sentences and executions and the commutation of existing death sentences, with a view to the universal abolition of the death penalty; - recalling that the death penalty violates human rights and fundamental freedoms; and - encouraging the UN, its member states, and other relevant international, regiona
[Deathpenalty] death penalty news----TEXAS----Clemency For Joseph Nichols
To All, Joseph Nichols is scheduled for execution by the State of Texas on March 7, 2007. His final appeal to the U.S. Supreme Court was denied so this date is considered very serious. His only hope is that the Parole Board and Governor's office grant him clemency. In 1980, Joseph Nichols and Willie Williams were convicted of capital murder for the death of Claude Schaefer. Joseph had just turned 19 at the time of the offense and in the company of the older Willie Williams, when the two attempted to rob a deli in Houston, Texas. Joseph panicked and ran out the deli after Schaeffer went for a gun and shots were fired. Willie Williams put one foot outside the deli but decided to return back to the deli to complete the robbery. He shot Schaefer with one bullet to the back and left with the cash box. Schaefer would die from one single gunshot wound. Joseph was running down the street when the shooting took place. Williams admitted too and it was proven at his trial that he was the sole shooter and the only shooter. The prosecutor in his case went to great lengths to prove that Willie Williams acted alone in and his gun only fired the one fatal shot that pierced Mr. Schaefer. The jury in Joseph Nicholas" first trial could not sentence him to death because it was proven that he was not the shooter and the result was a mistrial. In order to guarantee a death sentence in his second trial, the Harris County district attorney's office switched arguments; they argued that Joseph Nichols was the sole shooter and not Willie Williams. The jury rendered a guilty verdict and sentenced Joseph Nichols to death . Willie Williams has since been executed by the state of Texas. We sympathize with the victim's family. Grief has no perspective person. There is no winner when someone dies. Killing is wrong regardless of who does it. But Joseph Nichols didn't kill anyone. He is being executed because according to the government he was a party at the scene of the crime. Joseph is a model prisoner, a compassionate and spiritual man who loves life. He is no longer the spontaneous youth he was when the crime occurred. He deserves a chance to live. He has been on death row for almost thirty years and if anyone has redeemed himself, it is Joseph Nichols. He did not kill anyone and the jury on the first trial saw this because the true facts came out. The second trial was a farce and based on lies, that is why the jury sentenced him to die. Justice is not served when facts are distorted for egotistical and political purposes. Please act now by signing the petition and writing both the Governor and Parole Board at the address listed below asking that they grant clemency for Joseph Nichols. We collectively, can make enough noise so the State of Texas can hear us and hopefully save Joseph Nichols life. Attached are important case documents that you can use and a recent photo of Joseph Nichols. Thanks for your time and understanding. ACT NOW! Sincerely, Anita Babineaux Write to: Governor Rick Perry Office of the Governor P.O. Box 12428 Austin, Texas 78711-2418 Phone (512) 463-2000] Fax (512) 463-1849 Board of Pardons and Paroles Attn: Rissie L. Owens Executive Clemency Section P.O. Box 13401 Capital Station Austin, Texas 78711 Phone (512) 406-5852 Fax (512) 467-0945
