April 6 TEXAS: Man charged with capital murder in stabbing A 29-year-old Palestine man described as a long-time friend of his alleged victim has been arrested and charged with capital murder in connection with last summers brutal stabbing death of a 27-year-old local man. Jeramy Lee Kennedy, 29, of Palestine was arrested at the Palestine Police Department shortly after 10 p.m. Tuesday after he had been requested to come there for an interview, according to Palestine Police Det. James Muniz. A warrant for Kennedy's arrest signed by 349th State District Judge Pam Foster Fletcher was obtained during the interview, according to Muniz. Kennedys bond was set at $1 million by the judge, according to the detective. As of late Wednesday afternoon, Kennedy remained in the Anderson County Jail, according to Anderson County Sheriff Greg Taylor. The body of 27-year-old Jarod Lee Evans, who had been stabbed almost 5 dozen times, was discovered by a relative inside his residence on Ferguson Road during the early afternoon hours of June 24, 2006. Police said Wednesday they believe Evans had been dead for "several hours" at the time of the discovery. An autopsy performed at the Southwestern Institute of Forensic Sciences in Dallas showed that the victim sustained a total of 57 sharp force injuries of the head, neck, upper chest, hands and left side of the chest. The most notable wound penetrated 6 inches into the left side of Evans chest, perforating part of the lung and the heart, according to the autopsy. No murder weapon has been recovered in the case. Authorities have been relatively tight-lipped regarding their investigation into Evans' murder, but provided some general details Wednesday. "There was a large volume of blood in the dining room and kitchen area (of the residence)," Palestine Police Det. Nick Webb said Wednesday, describing last summer's murder scene. Muniz, the lead investigator in the case, interviewed Kennedy and multiple other persons on the day of Evans' murder. When asked, the detective said, during that interview, that he noted Kennedy had "scraps, bruises and scratches" without going into specific detail. Also during that initial interview, authorities obtained "a DNA standard" from Kennedy, according to Webb. Muniz described the suspect and victim as "long-time friends," but added there had been "an ongoing disagreement between the 2" in the time frame prior to Evans' death. At this time, Webb said there is "no evidence" to suggest there were any eyewitnesses to Evans' murder. Over the past several months, authorities have been waiting for several pieces of evidence to be analyzed by the Texas Department of Public Safety crime laboratory in Waco. Virtually all law enforcement agencies in the state rely on DPS labs to process some pieces of evidence which sometimes puts the investigative process at somewhat of a stalemate. "Obviously, it's a 10-month investigation that required a huge amount of evidence analysis and the results of that analysis led to one suspect," Webb said. "The analysis of the DNA evidence along with the other evidence gathered, such as witness statements, pointed toward Kennedy as our suspect. "We had dozens of witnesses to talk to and hundreds of items of evidence to have interpreted and analyzed," Webb continued. Police spent "over 20 hours" at the murder scene over 2 days in the initial stages of the investigation, according to Webb. Webb and DPS Sgt. Rudy Flores, a local Texas ranger, have assisted Muniz in the investigation. Police do not believe any other persons participated in Evans murder, according to Webb. Webb said police elected to charge Kennedy with capital murder since he allegedly committed a robbery during the commission of the murder, stealing a "small amount of money" from the victim. Adults charged with capital murder are eligible to receive the death penalty in Texas. Late Wednesday morning, Anderson County District Attorney Doug Lowe said he was aware of Kennedys arrest, indicating it was "too early" to comment on whether his office would seek the death penalty in the case. "That's always an option in a capital murder case." Lowe said. Autopsy results showed that Evans had multiple controlled substances and other drugs in his body at the time of his death, including cocaine, methadone and hydrocodone. Although no testing was performed on the suspect, Webb said "there is evidence to support" that Kennedy was also using drugs around the time of the alleged offense. Anderson County Jail records show Kennedy has been incarcerated in that facility approximately a dozen times since 1996, mostly on misdemeanor and traffic offenses. He was, however, arrested for burglary of a building and burglary of a habitation during the summer of 1996, according to those records. Although uncertain of the specific dates, Muniz said Kennedy had been convicted of burglary of a habitation in Anderson County and served a prison term in the Texas Department of Criminal Justice. (source: The Palestine Herald) ***************** Review of 1985 bombing ordered State District Judge Everett Young has ordered further review of a 1985 Thanksgiving Day bombing that killed three people to determine whether the state improperly withheld crucial evidence in its case against Texas Death Row inmate Michael Toney. Several factual issues remain unresolved about Toney's conviction for the mobile-home bombing near Lake Worth, Young ruled this week. The judge ordered the Tarrant County district attorney's office and Toney's defense attorneys to interview individuals involved in the case and submit their depositions. Young will review those interviews, along with other evidence, and determine whether a hearing is necessary. If Young decides that evidence was improperly withheld from Toney's attorneys, he could recommend to the Texas Court of Criminal Appeals that Toney get a new trial. Toney, 41, was sentenced to death in 1999 for planting a bomb in a briefcase on the porch of a mobile home. Angela Blount, 15; her father, Joe Blount, 44; and her cousin Michael Columbus, 18, were killed. The case, which was unresolved for a decade, was the longest-running unsolved bombing investigation in the nation until Toney, who was in Parker County Jail for another offense, told a fellow inmate that he was hired to put the bomb at a mobile home. Investigators later presented evidence showing that he was paid $5,000 for the job, but also that he bombed the wrong mobile home. Last year, attorneys for the Innocence Network at the University of Houston Law Center accused Tarrant County prosecutors of withholding reports from the Texas Department of Public Safety and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives that attack the credibility of the state's key witnesses, Chris Meeks and Toney's ex-wife, Kimberly Toney. Released to the defense for the first time last year, the reports suggest that Meeks and Toney may have been manipulated and intimidated into giving statements fitting investigators' preconceived notions of how and why the crime occurred. Another memo and 2 ATF reports that also were not provided to the defense also cast doubt on the testimony of Tucker Finis Blankenship that Toney was paid $5,000 for the crime but that he had misplaced the bomb. Blankenship has since recanted his statements. Toney has always proclaimed his innocence and said that his statements to Charles Ferris, his fellow inmate in Parker County, were part of an odd arrangement designed to help Ferris get out of jail. Ferris has since recanted his testimony, too. In a response filed with the court last month, prosecutors say that even if evidence that was withheld from Toney's trial attorneys was disclosed, the outcome of the trial would have been the same. "Toney has also failed to prove by a preponderance of the evidence that the state knowingly presented false or misleading testimony that contributed to his conviction or punishment," Assistant District Attorney Debra Windsor wrote in a court pleading. "This is a crime that went unsolved for over 12 years," she said. "Because of the length of time involved in the investigation, witnesses' memories were open to attack and were vigorously challenged by the defense. "Toney testified essentially that Meeks and Kim were mistaken and were confusing memories.... While this argument had some intellectual appeal, it must ultimately fail." (source: Fort Worth Star Telegram) ****************** County joins the Internet age----Hutchinson to provide court documents online Hutchinson County announced last week it will join a growing trend of counties going online with court documents. Hutchinson County plans to place about 10,000 trial court case files from its district courts on iDocket.com, a Web site that already hosts court documents for 33 counties. "The attorneys or researchers ... whoever, needs access to these public records can subscribe to them at a very nominal price. I thought it was a good deal for them as well as the county," said Joan Carder, Hutchinson County district clerk. The service, which started in 1999 and has 850 subscribers, costs counties nothing to participate, said iDocket Office Manager Carlos Balderrama. People wishing to view records pay a subscription fee ranging from $39.99 to $79.99 a month, but residents can do one free search a day. The program originated in Potter County when then-District Clerk Cindy Groomer sought to put records online. "We decided that why do it just for her? Why don't we do it for clerks across the state of Texas?" Balderrama said. Counties not only give access to records, but also receive funding in return for providing iDocket with records. Balderrama said counties receive between 10 to 50 percent of subscription fees. According to the Randall County Auditor's Office, the revenue has been so small, they have not tracked the revenue stream. Potter County Auditor Kerry Hood said she is still searching records, but cannot find a record of the county ever receiving compensation from iDocket. Officials from iDocket could not be reached for comment Thursday. In 8 years, iDocket's service has spread across Texas, mainly in the southern and eastern portions of the state. County officials say the service is something residents have come to expect. "I think everybody expects more service from the Internet," said Randall County District Clerk Jo Carter. "This is just another means. People want access to this remotely. Since everybody has a laptop or a computer in their home, it's just something they really, really want. I think you have to give them the services they want." It could also provide a cost savings to counties that utilize the service. Carder said in the long run it could save taxpayer dollars because there isn't increased foot traffic in her office or more time spent looking up case files for people. The company is also looking at redacting software that would automatically remove Social Security numbers and other sensitive information, Balderrama said. Potter County has documents since 2003 available for viewing. Randall County has held off on imaged documents, especially those containing Social Security numbers, after concerns about their release to the general public were raised earlier this year. (source: Amarillo Globe-News) ************************* Texas legislator wants to know why there have been only 8 convictions since hate crime bill was passed in 2001----Bill proposes study of state's hate crimes act After 27-year-old Chris McKee was beaten by two men in December 2005, the Denton County District Attorney's Office initially was reluctant to pursue the case as a hate crime. McKee, who is gay, said his assailants had followed him after seeing him kiss another man, and anti-gay slurs were audible on a 911 call he made. Still, after one of the suspects was arrested, prosecutors told McKee they feared turning the courtroom - before what was likely to be a politically conservative jury - into a "gay circus." "They said this is just a random assault to a person at night on a crowded street in front of the bars, and they didn't want to step on toes and make a big ruckus," McKee said. Although McKee's case ultimately was prosecuted as a hate crime after a new district attorney took office in Denton, such attitudes among law enforcement officials may be indicative of a bigger problem, according to state Rep. Marc Veasey, D-Fort Worth. Veasey's HB 2612, which was heard by a House committee Monday, April 2, calls for the state to take a comprehensive look at implementation of the James Byrd Jr. Hate Crimes Act, named for the East Texas black man who was dragged to his death from a pickup truck by three white supremacists in 1998. While there have been an estimated 1, 500 hate crimes reported in Texas since the act's 2001 passage, only eight have been successfully prosecuted as such, resulting in enhanced penalties for offenders. "The James Byrd Jr. Hate Crimes Law is one of the most important pieces of legislation Texas has passed in the last decade," Veasey said via e-mail from Austin this week. "It's a law that should address many issues of prejudice that Texas has struggled with for a long time. It was surprising that this important law, which should be a powerful tool against crimes of bias, hasn't been used more. This study should reveal what's holding our use of this law back, so that if we need to tweak the law to make it more effective we can do so." Equality Texas Executive Director Paul E. Scott said he believes the proposed study, which has not yet been voted on by the committee, is critical. In addition to race, the act covers color, disability, religion, national origin or ancestry, gender and sexual preference. "I think on its face, it's a significant concern for anyone in any of the particular classes covered," Scott said. Equality Texas convinced Veasey, who is black, to carry the bill after the LGBT civil rights group began researching the issue last year, Scott said. "Our research was showing that we weren't able to get answers very well." Equality Texas has gotten a few answers, Scott said, from the doctoral research of Beverly McPhail, now an adjunct professor at the University of Houston's College of Social Work Based on the findings of her dissertation, McPhail agreed Veasey's proposed study would be beneficial. "We pass laws, and we don't follow up to see what happens," McPhail said. "Maybe there is a problem, and maybe there isn't. I think we don't know until we investigate." For her dissertation, McPhail interviewed 20 prosecutors from around the state. She determined they typically are reluctant to file cases as hate crimes for a variety of reasons, including that it can muddy facts and increase the state's evidentiary burden. "It's really hard to prove bias, and so they just don't like to go there," McPhail said. "They're trying to get the guilty verdict." Also, she said, prosecutors are not trained to focus on victims' overall identities or the histories of groups, but rather on the circumstances of individual crimes. McPhail said she believes some Texas prosecutors - members of a predominantly conservative profession in an overwhelmingly conservative state - may bring their personal prejudices about minority groups to their jobs. And as with McKee's case, they may often fear jury pools in Texas will be tainted by prejudices against minority groups - a phenomenon she refers to as measuring a case's "value to the community." "They worry they could lose their whole case," she said of prosecutors. McPhail said she believes the study should also focus on the educational components of the hate crimes act, which includes language calling for the Attorney General's Office to offer instruction in schools and communities on the issue. Lauri Saathoff, a spokeswoman in the AG's office, said "Consequences," an educational publication and interactive DVD that includes a chapter on hate crimes, has been distributed to more than 700 school districts and law enforcement agencies throughout the state. "The curriculum is available from our office on request," Saathoff said. "It is a free resource for communities." But based on his organization's experience, Scott said, "Consequences" may not be enough. Scott said in places like Dallas, law enforcement officers receive some of the best training in the country on LGBT issues and hate crimes. However, in more rural areas, he believes there is a problem. Scott said Equality Texas recently received a phone call from a gay male in Johnson City who had been assaulted in a similar fashion to McKee. As it turned out, neither the police chief nor the mayor of the Central Texas town were even aware of the hate crimes act. Equality Texas responded by sending them a packet of information. "We can't do that for every jurisdiction," Scott said. "This is really the responsibility of the state of Texas." As for the case of McKee, after Denton County District Attorney Paul Johnson took office Jan. 1, 2007, he assigned prosecutor Susan Piel as chief of his misdemeanor division. Piel said as soon as she read the McKee file, she was convinced his assault had been a hate crime. "It was as clear as you're ever going to get in a case," she said. Despite the conservative nature of Denton County, Piel said the state had nothing to lose by prosecuting the case as a hate crime, because McKee's sexual orientation would be central to the trial regardless. "That evidence was going to come out whether we filed a hate crimes notice or not," Piel said. "There was no way to tell the story of what happened without those facts coming out." McKee claims they came out in a big way. "Their whole defense was this is a gay man who has an opportunity to use this as an agenda for the gay and lesbian community," he said. The result of the strategy, an acquittal for the defendant, was reminiscent of another recent case Piel had prosecuted. In May 2006, Joshua Aaron Abbott, now 21, was acquitted in the 2005 death of 40-year-old David Wayne Morrison, a gay Denton resident who was HIV-positive. Abbott stabbed Morrison more than 20 times in the face, neck and chest with a pocketknife. Abbott, who is straight, had gone to Morrison's residence for unknown reasons, and the pair ended up alone in Morrison's bedroom. At trial, Abbott claimed Morrison tried to rape him, and the jury ruled the defendant acted in self defense. Piel said she chose not to prosecute the case as a hate crime because it was not clear that Morrison's sexual orientation was the sole motivating factor behind the alleged murder. Piel said she was very surprised by the verdict, given Morrison had been stabbed so many times. She also said Morrison's sexual orientation and HIV-positive status were key. "It played a huge role in the trial," she said. "I think there's certainly an argument that a jury could find it more shocking - the notion of someone being potentially raped by a member of their own sex. But I think it was exacerbated more by his HIV-status than anything else." In many instances, there is little to be gained penalty-wise from successfully prosecuting cases as hate crimes, Piel said. For example, in both the McKee and Abbot cases, hate crimes findings would have resulted in enhanced minimums as opposed to enhanced maximums. And many, like McPhail, question whether, in the minds of most prosecutors, the risk is worth the reward. But McKee argued that oftentimes, it's not so much about the verdict as the process - sending a message that hate won't be tolerated, and raising awareness about discrimination against the LGBT community and other minorities. "I think even though we didn't win literally, we still won," McKee said of his case. "I think it's about time," he added of Rep. Veasey's proposed study. "I think it's way overdue. I think it's something that's been ignored." (source: Pegasus News) PENNSYLVANIA: City Asks Court to Quit Abu - Jamal Case Prosecutors want the entire 3rd U.S. Circuit Court of Appeals to recuse itself from the latest appeal for death-row inmate Mumia Abu-Jamal because Gov. Ed Rendell -- whose wife serves on the court -- was district attorney during his trial. Abu-Jamal, a former radio reporter and Black Panther, was convicted in 1982 of killing a police officer. In his latest appeal, his attorneys say prosecutors practiced racial discrimination during jury selection; an allegation prosecutors deny. ''Since Mr. Rendell was the elected district attorney at the time in question, and so would have been responsible for the supposed 'routine' racially discriminatory practices of Philadelphia prosecutors, Abu-Jamal's accusations necessarily implicate Mr. Rendell personally,'' Assistant District Attorney Hugh J. Burns Jr. wrote in a motion last week. A federal judge in 2001 overturned Abu-Jamal's death sentence but upheld his conviction. Both sides appealed that ruling to the 3rd Circuit, whose members include the governor's wife, Marjorie O. Rendell. Prosecutors could simply ask for Judge Rendell to recuse herself but they want to avoid any possible grounds for a future appeal. Abu-Jamal was convicted in the Dec. 9, 1981, shooting death officer Daniel Faulkner after the officer pulled over Abu-Jamal's brother. He remains on death row during the appeals. His writings and taped speeches on the justice system have made Abu-Jamal a popular figure among activists who believe he was the victim of a racist justice system. Abu-Jamal is black; Faulkner was white. Abu-Jamal's lawyer, Robert R. Bryan of San Francisco, opposes Byrne's motion, according to court records. He did not return telephone messages seeking comment. (source: Associated Press) OHIO----federal death penalty case Judge lets government seek death penalty in turnpike slaying In Akron, federal prosecutors received clearance Friday to seek the death penalty in the case against a woman charged with arranging the murder of her millionaire doctor-husband along the Ohio Turnpike in 2005. U.S. District Judge David D. Dowd Jr., who will preside at the trial of Donna Moonda, 47, of Hermitage, Pa., in June, rejected a defense challenge to the federal death penalty law. Addressing a defense concern, the judge said court rulings protect a defendant from the admission of unreliable or prejudicial information during the sentencing phase. Moonda has been charged with murder for hire and other counts in the death of her husband, Dr. Gulam Moonda, 69, who was shot May 13, 2005, when the couple pulled off the Ohio Turnpike south of Cleveland. Damian Bradford, 25, of Beaver County, Pa., pleaded guilty in July to interstate stalking and a gun charge and has acknowledged that Moonda hired him to kill her husband and promised to split any inheritance with him. Bradford and Moonda met in drug rehab and were lovers at the time Dr. Moonda was killed, authorities said. Moonda has maintained her innocence. (source: Associated Press) ******************* Man gets new trial, pleads guilty A man who fought nearly 20 years to overturn his conviction and death sentence has pleaded guilty to murder after finally winning a new trial. George Franklin, 40, had been convicted by a jury of murder in the beating death of Gerald Strauss, 26, of Cincinnati, during a burglary in 1988. A judge sentenced him to death, but the 6th U.S. Circuit Court of Appeals overturned his conviction last year after concluding mistakes were made at his trial. On Thursday, Franklin admitted his guilt in Hamilton County Common Pleas Court, in a plea that allowed him to avoid the risk of a 2nd trial and a possible return to death row. "I apologize to everybody," He said. "I let a lot of people down." Franklin pleaded guilty to murder and burglary charges and was sentenced to 50 years to life in prison. His attorney, Will Welsh, called the outcome "the best-case scenario." Prosecutors who agreed to the plea deal said they couldn't find several witnesses, including a jailhouse informant, and were unsure that they could get a conviction after so much time. "The overriding thing is the wishes of the family," said Mark Piepmeier, theassistant prosecutor who handled the 1st trial in 1988. "It's hard enough to put them through this once. To put them through it twice is cruel." (source: Associated Press) COLORADO: Inmate spared death penalty in gruesome murder of cellmate A federal prison inmate convicted of killing a cellmate and using his entrails to taunt guards was spared execution when the jury said Friday it could not unanimously agree on the death penalty. William Sablan, 42, faces life in prison without parole at his April 18 sentencing hearing, said Jeff Dorschner, a spokesman for the U.S. attorney. Sablan was convicted of 1st-degree murder last month in the death of Joey Jesus Estrella, 33. The jury that convicted Sablan had been deliberating his sentence for 3 weeks. Jurors were not asked in court Friday how many favored the death penalty for Sablan, but all agreed they could not reach a unanimous decision for execution. Sablan and his cousin, Rudy Sablan, 37, were accused of killing Estrella Oct. 10, 1999, after a night of drinking and fighting in the cell they shared at the federal penitentiary in Florence. Rudy Sablan also faces a 1st-degree murder charge. His trial date has not been set. Jurors had watched a videotape shot by prison guards in which William Sablan, 42, is seen holding up the man's internal organs and making obscene gestures. Blood flowed under the cell door, and an "S" was written in blood on the cell wall. Prosecutors said Rudy Sablan strangled Estrella with a headphone cord and William Sablan used a prison-issue disposable razor to slash Estrella's neck. William Sablan has a more than 20-year history of violent crime. Defense attorneys argued that he suffers from mental illness, brain injuries and post-traumatic stress disorder that left him unable to control his impulses. Defense attorney Nathan Chambers blamed prison guards for lapses that allowed the inmates access to homemade wine, for placing 3 men in a cell designed for 2 and for failing to respond when an alarm button was pushed in the cell. (source: Associated Press) ALABAMA: Shortchanged Autopsies----One Pathologist's Illness Casts Doubt on His Work and Sheds Light on Industry Problems On television, medical examiners work with cutting-edge technology and limitless budgets. They are surrounded by walls full of diplomas and colleagues full of helpful insight. In reality, the physicians tasked with investigating how and why people died are often underqualified and underpaid. They regularly work alone, with outdated technology, limited oversight and paltry budgets. Dr. Johnny Glenn's small office in Tuscaloosa, Ala., located across the street from a sewage-treatment plant, was a far cry from the plush forensic labs seen on "CSI." From 1999 to 2004, Glenn examined hundreds of bodies. His testimony at murder trials helped put suspects in jail and on death row. For a time, he was the only state physician examining dead bodies in the western third of Alabama. But for at least a part of that time, he suffered from dementia and depression. Now defense attorneys in the area, and at least one doctor who took over for him, contend that Glenn was incompetent, his autopsies were inadequate, his notes insufficient and his testimony inaccurate. The discovery that Glenn may have been incompetent casts doubt on the trials in which he participated, but experts said it also sheds light on the problem of limited funding and poor oversight facing forensic laboratories all over the country. "The facility in Tuscaloosa is less than optimal," said Michael Sparks, director of the Alabama Department of Forensic Science. "The increase in funding we received in 2007 is the first substantial increase in 10 years. If you're underfunded for 10 years in a row, you're basically in trouble." Sparks only recently took over the department and was not in charge when Glenn had what he described as a "catastrophic event that led him to need immediate care at that time." The director maintained that until his breakdown, Glenn was a competent though overworked physician. Sparks said much of the attention surrounding Glenn, including a recent story by The Associated Press, can be attributed to a former department employee hired after Glenn's unexpected retirement. That employee, Sparks said, noted that Glenn's reports were incomplete and his cases unfinished. But according to the director, those sorts of complaints are typical when one medical examiner reviews another's work, and they do not indicate the quality of Glenn's autopsies. Sparks also accused that other doctor of parlaying his time at the department to become a paid expert witness for clients who are appealing their convictions based on Glenn's testimony. The problem in Tuscaloosa, Sparks said, wasn't that Glenn became ill. The real problem was that there wasn't enough money to afford a second scientist who could review his work or relieve him. "He left work undone because there is so much work. It's all about funding. If my checkbook was unlimited it would be a nonissue," Sparks said. Sparks plans to consolidate medical examiners in a new facility to ensure they work in "teams of 3 or 4" and will soon require examiners to be board certified forensic pathologists. Glenn was a trained family physician but never received certification by the American Board of Pathology. Nevertheless, lawyers said the state's decision to use Glenn's notes in recent and upcoming trials, read by newly hired physicians in court, is unfair. They recognize that funds are limited but want a review of all the cases in which Glenn was involved. "Alabama has always underfunded the Department of Forensic Sciences," said Bobby Wooldridge, the Tuscaloosa public defender. "There's been a great deal of difficulty keeping a medical examiner at all, and it has been difficult for a number of years just maintaining doctors who will provide those services. "The appropriate people failed to supervise and note Dr. Glenn's problem" and that, Wooldridge said, is a reflection of the "lack of commitment for resources to the criminal justice system in general." Since his retirement, lawyers whose clients were found guilty are hoping to appeal those convictions, basing their appeals on Glenn's alleged incompetence. Bryan Stevenson, director of the Equal Justice Initiative of Alabama, said his organization defended a client who was sentenced to death, his sentence based in part on evidence presented in court by a medical examiner who merely read Glenn's report. Devon Moore was accused of shooting 3 police officers in Fayette, Ala., in 2005. Stevenson said Moore's appeal would rest in part on that medical examiner's testimony. "The state should have gotten a competent pathologist to re-examine [the case]. Instead of getting a new pathologist to re-examine the evidence, they just got another one to present incompetent testimony," he said. A lack of adequate funding and the increase in associated problems with evidence collection, handling and examination is "a serious problem because [the state] frequently asks juries to convict based on scientific proof," Stevenson said. "If the forensic work that has been done is unreliable,that undermines the state's assertion." There is no federal agency that oversees states' forensics programs. Comparing funding is difficult, because each state structures its labs and budgeting differently. Even the definition of what makes a medical examiner varies from state to state, and sometimes within states, said Dr. Joseph Prahlow, president of the National Association of Medical Examiners. In some places, medical examiners must be board certified forensic pathologists. In other places, they must be pathologists. In other places, they just need to be doctors. And in others, he said, they do not even need to be doctors. Coroners are typically politically elected officials who assign doctors to perform autopsies, whereas medical examiners are themselves physicians. Requests for funds often go ignored, he said, until something goes wrong. "Time and time again, examples of problems caused by underfunding appear," Prahlow said. "In any halfway decent size city, if there's a meltdown, politicians have egg on their face and it's a big public relations nightmare. Then money finally comes forward." Part of the problem in retaining quality doctors is that state and local governments are unwilling to pay for the best people. "Forensic pathology is one of the few specialties where your salary is significantly reduced after you receive more training," he said. Forensic pathologists must first be trained pathologists, and then additionally train to receive certification. Prahlow estimated that a recently trained forensic pathologist earns on average $100,000 to $140,000. Colleagues with less training who work as pathologists at a hospital earn on average $220,000. As of Dec. 31, 2006, there are just 1,245 board certified forensic pathologists working in the United States, according to the American Board of Pathology. "The funding issue is critical, and having independent oversight methods is critically important," said Eric Ferrero, a spokesman for the Innocence Project, a defendant's rights organization. In 2004, Congress passed and President Bush signed the Justice for All Act. Within the law was a provision called the Paul Coverdell Forensic Science Improvement Grant. "The law says that in order to get federal money for crime labs, states have to have in place an independent mechanism for receiving allegations of negligence, misconduct and fraud," Ferrero said. "That affects tens of millions of dollars in money that goes to state labs and could be a breakthrough in the standards and oversights for state crime labs." (source: ABC News) FLORIDA: Clemency vote is just a start Thursday's 3-1 vote by Gov. Charlie Crist and the Cabinet, restoring much more quickly the civil rights of most felons who have completed their sentences, was important procedurally and symbolically to the cause of justice in our state. But it's far too soon to declare Florida a model where justice rolls down like waters, as the Hebrew prophet Amos declared thousands of years ago. Considerable work remains to be done, and lawmakers so far this session have shown little interest in doing the hard work necessary for that mighty stream to flow. Under the current process, lawmakers must approve claims bills filed on behalf of individuals who were wrongfully convicted and incarcerated. That's how Cocoa Beach resident Wilton Dedge was awarded $2 million in 2005 after spending 22 years in prison for a rape he didn't commit. This year, claims bills for former inmate Alan Crotzer - who, like Mr. Dedge, was freed on the basis of DNA evidence that exonerated him - are barely crawling through the legislative process. Moreover, with more than half the session past, so-called "global" bills, designed to standardize the compensation process for the wrongfully convicted, have made little headway - although one, SB 2464, is on the Senate Judiciary Committee agenda for Tuesday. Beyond that, calls for a statewide innocence commission, similar to ones in Connecticut and North Carolina, have largely been met with a yawn. (A measure to create an innocence project in this state - SB 2564 by Sen. Tony Hill, D-Jacksonville - has yet to be heard. Jenny Greenberg, executive director of the Innocence Project of Florida, called that bill "well-intentioned but problematic," because, among other things, it puts all appointment authority in the hands of one person: the governor.) Florida, which leads the nation in the number of Death Row inmates freed since 1973, ought not take the issue of justice so lightly. As DNA testing throughout the country has shown, wrongful convictions are not as rare as many would like to think. And DNA evidence is available in just a small percentage of cases. Sandy D'Alemberte, the former Florida State University president and onetime president of the American Bar Association, strongly advocates establishing a commission in Florida modeled after North Carolina's innocence panel. "We should investigate wrongful convictions for the same reasons that we investigate transportation accidents: We don't want to see them happen again," Mr. D'Alemberte wrote in a commentary for the Tallahassee Democrat last October. "When we look at failures to arrive at the truth, we have the opportunity to examine all the steps along the way and to enact legal reforms, establish educational programs or institute disciplinary action as may be indicated." If such a commission were established in Florida, it could also review proposals for more comprehensive clemency reforms. Some civil-rights advocates were disappointed by Thursday's vote by the Cabinet, saying the new rules were too ambiguous. The broad issue is one of simple justice - which applies not only to victims of crimes but also those wrongfully, unjustly punished by the criminal-justice system. That stream of justice has yet to roll in the Sunshine State. (source: Tallahassee Democrat)
[Deathpenalty] death penalty news-----TEXAS, PENN., OHIO, COLO., ALA., FLA.
Rick Halperin Fri, 6 Apr 2007 15:43:49 -0500 (Central Daylight Time)
