July 25



TEXAS----new 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-present----502

Perry #--------scheduled execution date-----name---------Tx. #

264-------------July 31-------------------Douglas Feldman-----503

265-------------Sept. 19------------------Robert Garza--------504

266-------------Sept. 26------------------Arturo Diaz--------505

267-------------Oct. 9---------------------Michael Yowell-----506

268------------Oct. 16--------------------Larry Hatten-------507

269-------------Oct. 29-------------------Arthur Brown-------508

270------------Nov. 12---------------------Jamie McCoskey-----509

271------------Jan. 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 negotiator to deadly Connecticut home invasion'

--Joshua Komisarjevsky sentenced to death in 2011 for brutal murders of Jennifer Hawke-Petit and her daughters Hayley, 17, and Michaela, 11

--Defense attorney Walter Bansley said if he was aware of the 911 calls 'it would have made for a different defense'

--Newly-released phone calls reveal that police officers doubted that the Petit family were in danger ahead of their deaths in July 2007

A convicted killer who held the Petit family hostage before murdering the mother and 2 daughters may ask for a new trial, his attorney said on Tuesday.

Joshua Komisarjevsky is on death row after Jennifer Hawke-Petit was raped and strangled to death and her daughters, Hayley, 17, and Michaela, 11, were tied to their beds and died when the house in Cheshire, Connecticut was set alight on July 23, 2007.

The girls' father Dr William Petit was the only survivor who managed to escape the flames after being beaten and tied up.

Attorney Walter Bansley told courant.com this week that his client may seek a new trial because he was unaware of the existence of the 911 calls.

Some of the calls, posted online by the Hartford Courant, revealed that Connecticut police decided against sending a hostage negotiator to the Petit family home on that fateful morning and told a SWAT team to hold back.

Mr Bansley told the newspaper: 'There is no doubt that if we were aware of those calls we would have tried to use them at trial and it would have made for a different defense.'

The defense attorney said that he is discussing whether the information creates grounds for a new trial along with lawyers handling Komisarjevsky's death sentence appeal.

Mr Bansley said that the failure to turn over evidence in a death-penalty trial - where the judge allows almost everything to be included - is a 'big legal issue'.

On the 6th anniversary of the horrific killings, the Hartford Courant published calls from law enforcement sources showing that officers with the Cheshire Police Department doubted the danger underway at the household.

They were also outside the home when the murders were carried out and before the home was burned to the ground, it has emerged.

Police were first alerted to trouble at the house when Hawke-Petit was taken to a Bank of America and forced to withdraw $15,000, where she told the teller she was being held hostage.

When a police officer went to the bank 23 minutes after the initial 911 call, he told a dispatcher in a recorded phone call that he doubted the accuracy of Hawke-Petit's story.

'She came into the bank, she tried to get some money out,' Lt James Fasano told the dispatcher.

'One of the accounts was in her husband's name, and then she says, "Well, my kids are at home tied up". So we don't know if they really are or if she was just trying to get money out at this point.'

He added that she had entered the bank alone and appeared calm, and that her captor had said nothing would happen to her as long as she handed over the money.

The phone calls also include one in which a hostage negotiator Eric Granoth is told he was not needed at the scene.

'I need to know whether you want me in or not,' he said in a 15-second conversation with dispatcher Donald Miller. 'I am the hostage negotiator and I got paged.'

Miller then asked Deputy Chief Joseph Popovich if he wanted the negotiator, and Miller can be heard telling Granoth 'not at this time' before hanging up.

New Haven Public Defender Thomas Ullmann, who represented Hayes, said: 'The fact that a hostage negotiator, listening to what was going on during the dispatch communications, felt compelled to call central police headquarters offering his assistance and then being turned away is shocking.'

Miller then received a call from SWAT team member Kerry Nastri, who asks whether they should start suiting up and head to the scene - but Miller said officers said they would call on them if they were needed.

10 minutes later, Nastri called back to say they were going there anyway.

Also shocking is how the police have never performed a review of the incident.

Town Manager Michael Milone would not provide a reason for this, nor one for why the hostage negotiator was told not to go to the home.

Cindy Renn, Jennifer Hawke-Petit's sister, told the Courant that authorities have never carried out a review of the incident or their actions. 'Nobody in that department ever looked at what they did or didn't do right or wrong,' Renn said.

'Admit when you make mistakes and do better the next time and save people's lives.'

An HBO documentary that aired on Monday included a timeline that placed police at the house before Hawke-Petit was raped or the house was set on fire.

(source: Daily Mail)






GEORGIA:

Why Georgia can't kill Warren Lee Hill; The state's new lethal-injection law undermines its repeated attempts to kill one of its death row inmates


Warren Lee Hill should already be dead. But thanks to Georgia, which for years has feverishly pursued the death-row inmate's execution, as well as an unlikely and fortunate series of events, he has somehow managed to stay alive.

Hill, who was sentenced to death in 1991 for murdering inmate Joseph Handspike while already serving a life sentence for killing his then-18-year-old girlfriend Myra Wright, has avoided death by lethal injection on 3 separate occasions this year. In February, 1 reprieve came with less than 30 minutes before his execution - Hill had already eaten his last meal. During the past month alone, a judge halted 2 more scheduled executions.

The reason Hill, who has an IQ of 69, isn't dead yet has little to do with the long-standing claims over whether the execution of "mentally retarded" inmates (the court's phrase, not ours) constitutes cruel and unusual punishment and violates his Eighth Amendment rights. It's because Georgia's new controversial - and arguably unconstitutional - "Lethal Injection Secrecy Act" has breathed new life into Hill's case - and stymied the state's goal of seeing him die.

The secrecy law, which the General Assembly passed in March as a tacked-on amendment to an unrelated sex offender bill, keeps confidential the names of companies that supply the state with pentobarbital, the drug used in lethal injections. The measure, state lawmakers and attorneys say, protects companies from being harassed by anti-death penalty activists and allows the state to restock its drug supply with relative ease.

Gov. Nathan Deal signed the bill in May and it went into effect on July 1. The very next day, Georgia Attorney General Sam Olens scheduled another execution for Hill on July 15 ??? the first under the new secrecy law. Department of Corrections officials would not have to disclose the parties involved in the execution or the people buying and selling the drugs. But as the Associated Press discovered, the pentobarbital obtained for Hill's death was mixed by a compounding pharmacy, which critics say is an unreliable and unsafe source for the drugs.

"It's not necessarily about pentobarbital, it's about where are the ingredients coming from. Who is compounding the drug? Right now, all we know is that it's from a compounding pharmacy from out of state. That does not inspire confidence," says Hill's attorney Brian Kammer.

In its attempts to streamline the process of moving inmates from death row to the execution chamber, the state's new secrecy law instead thwarted its own efforts to execute Hill. It's helped the inmate live longer than anyone, even his lawyers, ever expected.

In addition, Georgia's adamant protection of its new statute has resulted in heightened scrutiny over its hypocritical stance on transparency. In some cases, the state likes to posture as a champion for transparency on behalf of the public. Case in point: Days before Hill was given his most recent stay, Olens browbeat the Environmental Protection Agency for allegedly failing to disclose documents, saying: "We deserve a government that conducts business in a transparent manner, especially when its actions have a direct impact on all of us."

But when it suits the state's own agenda, as in lethal injections, it's more than happy to use secrecy to carry out its mission. In this case, Georgia's actions indicate that the protection of pentobarbital suppliers has become more important than giving Hill, a citizen with rights, an unobstructed chance to defend himself.

The state's secrecy law, oddly enough, has helped Hill. Hours before Hill's scheduled July 15 execution date, Fulton County Superior Court Judge Gail Tusan granted him a temporary stay of execution after his lawyers raised concerns over the statute. 3 days later, Tusan extended Hill's stay indefinitely and said the law might unconstitutionally limit access to information Hill and others would need to defend their rights in court. Thanks to an unexpected delay in the court transcript's delivery, the state was unable to hastily appeal Hill's indefinite stay before the execution warrant expired.

Looking ahead, the odds that Hill dies by lethal injection before September are dwindling by the minute, but are still possible. The state is still expected to challenge his indefinite stay of execution. The question is when. Georgia's Supreme Court will be in recess throughout August. Likewise, the Georgia Department of Corrections will need to obtain a new execution warrant and purchase more pentobarbital. Those tasks will be harder to do with an indefinite stay in place as well as more scrutiny and awareness about Georgia's secrecy law.

Moving forward, Hill's lawyers will fight for his life in two distinct legal battles. One will be the long-running Eighth Amendment case over the execution of "mentally retarded" inmates. The second focuses on the state's secretive stance toward lethal-injection drugs. The legal team already seems to be winning the latter fight, which could help buy Hill enough time to let the U.S. Supreme Court take a thorough look at his constitutional challenge in late September.

Ultimately, Kammer says, the fight over Hill's mental condition offers the better chance to save his life for good. But it's one that had previously hit a dead end before the state's secrecy law started to unravel.

In a way, Hill's executioners - the state lawmakers, the attorney general, and the Department of Corrections - gave his lawyers another shot at saving his life. If the courts ultimately continue to side with Hill, it'll be as much the state's doing as it is his legal team's expertise.

(source: Creative Loafing Atlanta)






FLORIDA:

State shouldn't execute severely mentally ill killer


The battle over John Errol Ferguson's execution is not about who he is - a cold-blooded killer - but about who we are as Floridians. Ferguson is severely mentally ill and has been that way for more than 40 years. His execution is on hold while his mental state and the legal standards for killing someone who is mentally ill are being argued in federal court. The state and federal standards are in conflict, and the more reasonable federal standard should prevail and prevent from being executed a man who has raging hallucinations and thinks he's the Prince of God.

There is nothing redeemable about Ferguson or his heinous crimes. In 1977 he participated along with 2 accomplices in the massacre of 6 people during a home invasion in Carol City while looking for drugs. On his own Ferguson murdered 2 teenagers 6 months later, raping the girl. Ferguson, now 64, is a deranged, dangerous killer who should never have been out on the streets.

As far back as 1965 Ferguson had been found to suffer from "visual hallucinations." In the early 1970s, he was sent to state mental institutions where doctors diagnosed him as "grossly psychotic" and someone who doesn't "know right from wrong." He was found to be paranoid schizophrenic, delusional, explosive and aggressive. And in 1975, a doctor wrote presciently, "This man is dangerous and cannot be released under any circumstances." In less than a year, Ferguson would be free.

Ferguson's lawyer, Christopher Handman, is now in a legal race to save the mentally ill man from execution. Only a last-minute reprieve by the federal courts prevented his execution last month. The 11th U.S. Circuit Court of Appeals will review whether the proper constitutional standard for executing the mentally ill is being applied, with briefings scheduled this month.

Florida is embracing an interpretation of competency for execution so pinched that it would virtually extinguish limits on executing the severely mentally ill. The state says Ferguson is aware that he is being put to death and that he committed murder, and is therefore competent to be executed. A trial judge in Bradford County accepted this view, as did the Florida Supreme Court, which failed to block the execution.

But Handman persuasively argues that the standard of competency established by the U.S. Supreme Court in a 2007 decision requires a rational understanding of the reason and effect of the execution. And since Ferguson is floridly delusional, believing that, as the Prince of God, he is being executed so he can save the world from communism, among other paranoid delusions, he cannot rationally connect his crimes to the punishment or perceive the finality of execution.

An objection to Ferguson's execution by Laurel Bellows, president of the American Bar Association, says law and tradition have long held that mentally ill offenders be treated differently. Now the courts have to uphold those humane standards.

(source: Editorial, Tampa Bay Times)

*******************

'Prince Of God' Inmate Set To Be Executed


A Florida death row inmate is trying to get the U.S. Supreme Court to spare his life after Gov. Rick Scott signed his death warrant Tuesday. If taken up, the case could affect mental-fitness standards for execution and help determine whether federal courts must defer to state courts.

John Errol Ferguson's lawyer is appealing to the high court after an Atlanta federal appeals court lifted a stay on his execution on Tuesday. Ferguson was convicted of 8 Miami-area murders in the 1970s. But attorney Chris Handman says, Ferguson has never understood his execution would mean permanent death.

"Mr. Ferguson thinks he's being executed because he is the right hand, or the prince, of God and that nothing is going to happen to him afterward," Handman says. "That's not a rational understanding."

He says the U.S. Supreme Court ruled in 2007 that people must understand what execution means before they can be put to death. He says in lifting the execution stay, a federal court judge wrote that the Florida Supreme Court had incorrectly ignored federal precedent, but the appeals court was bound by deference to the state.

Without action from the U.S. Supreme Court, Ferguson is set to be executed Aug. 5.

(source: WFSU)

***************************

Justin Boyles and Charles Massey Indicted on 1st Degree Murder; May Face Death Penalty


A St. Johns County grand jury on Monday indicted Justin Adam Boyles, 24, and Charles Danny Massey, 38, both of 6 Holly Road in Palm Coast, on first-degree murder charges in the killing of Edward Scott Mullener on June 13 or 14. Mullener died either in Flagler County or just across the county line in St. Johns, where his charred body was discovered in the still-burning trunk of his car in Flagler Estates the morning of June 14.

The grand jury also indicted Boyles and Massey on kidnapping to commit or facilitate a felony, a first-degree felony that carries a penalty of up to 30 years in prison.

If convicted, Boyles and Massey could face the death penalty. They will be tried in St. Johns, not in Flagler, however, because trial takes place where the murdered body is discovered.

The indictment was secured by Assistant State Attorney Jacquelyn Roys, the likely prosecutor in the case. Roys just won the conviction of Flagler Beach murderer Paul Miller, the 66-year-old man who shot and killed Dana Mulhall, his neighbor, in February 2012, over an argument about Miller???s dogs. Miller is serving life in prison without parole.

Mullener's murder, according to the 2 men's arrest reports, was the result of a love triangle gone sour, and involving Boyles, Mullener and Antoinette Heart, a 35-year-old resident of the Hammock, where most of the people involved in the case lived within a few minutes' distance of each other. Heart had sought to break up from Mullener. Mullener was not accepting the break-up, and had gone to Heart's house, pounding on her door or windows, when Heart summoned Boyles, who allegedly began to fight with Mullener outside the house. Boyles was then joined by Massey and Cheryl Leggett, Massey's girlfriend, as Massey and Boyles allegedly continued to beat and torture Mullener, finally driving him away the evening of June 13.

The violence had unfolded at 19 Sanchez Ave. in Palm Coast's Hammock. Mullener was found the next day in his car along a logging road in Flagler Estates, the undeveloped subdivision that straddles the St. Johns and Flagler county lines. There are a few houses developed on the St. Johns side.

Mullener's is the 4th Flagler County victim of murder this year, though 1 of the 4 - that of Dennie Cayton, whose body was found in a marsh behind a Covington Lane house in early January - is believed to have been killed by stabbing in December. His killer is at large. The killer is still at large in the case of Zuheily Roman Rosado, the convenience store clerk murdered execution-style in February.

In June, Erick Niemi, 42, of 26 Ryken Lane, allegedly confessed to killing his landlord, Leonard Lynn, 76, at the same address in late May. Niemi was indicted on 1st-degree murder charge last week.

(source: flaglerlive.com)

*****************************************************

State Attorney's Office pursues death penalty for woman's murder; SAO will pursue death penalty against James Rhodes


Channel 4 has learned that the State Attorney's Office is pursuing the death penalty against 21-year-old James Rhodes.

Rhodes waived his 1st appearance in court Wednesday afternoon after being arrested Tuesday on charges of murder and aggravated assault with a deadly weapon.

Investigators said Rhodes is the man who robbed the Brentwood Metro PCS store Saturday night and fatally shot the clerk on duty, 20-year-old Shelby Farah.

Hours after Rhodes waived his 1st appearance, a grand jury indicted him on 1st degree murder charges, which means the death penalty could be put on the table.

"Ms. Corey, right now, is focusing on, showing the grand jury enough evidence to establish first degree murder so she can therefore go for the death penalty," said Defense Attorney Gene Nichols. "That felony that he committed, robbing her with a firearm and then killing her, not only gives Ms. Corey enough to go to a grand jury to suggest a 1st degree murder case punishable by death, but it appears it was committed cold, calculating, with multiple other aggravators at play."

Farah's mother, Darlene, told Channel 4 the maximum punishment will be the only justice for her daughter's death.

"I'm going to make sure, even if it takes the last breath in my body, he needs to get the death penalty," said Farah.

Nichols warns that there are many legal hurdles ahead for Farah's family, including mitigating factors and character witnesses for Rhodes. He points out that because Rhodes is so young, his age could weigh on the jury.

"Is it going to be more difficult to get a death penalty against a young person than it would be someone 30 or 40 or 50? Sure. A jury is going to take his age into account," said Nichols.

Rhodes is scheduled to be arraigned August 14 and is being held in the Duval County jail without bail.

(source: News4jawx.com)






ALABAMA----impending execution//volunteer

Execution set in Ala. Thursday for Andrew Lackey


Alabama death row inmate Andrew Lackey is scheduled to be executed at Holman Prison in Atmore by lethal injection for the 2005 Halloween night beating and shooting death of an 80-year-old Limestone County man.

Lackey's execution is set for 6 p.m. Thursday. He would be the 1st person executed in Alabama since Christopher T. Johnson of Escambia County on Oct. 20, 2011. Executions in Alabama have been slowed partly because of a legal dispute over the drugs used.

Lackey was convicted of killing Charles Newman at Newman's Limestone County home. Authorities said Lackey apparently was seeking money.

Lackey has dropped his appeals and court records show he has not tried to block the execution.

Prisons spokesman Brian Corbett said the 30-year-old Lackey has been visited this week by relatives.

(source: Associated Press)






ARKANSAS:

Hearing postponed for suspect in Ark. girl's death


A judge has rescheduled a mental evaluation status hearing for an Arkansas man charged with killing his 6-year-old neighbor.

Zachary Holly was scheduled to appear in court Thursday, but a judge this week pushed that hearing back to Aug. 30.

A court order filed Tuesday says a mental evaluation report about Holly isn't finished yet.

Holly has pleaded not guilty to capital murder, rape, kidnapping and residential burglary in the November death of 6-year-old Jersey Bridgeman in the northwest Arkansas city of Bentonville. The young girl's death ended a short life marred by abuse. Her father and stepmother were sentenced to prison after being convicted of chaining her to a dresser in 2011.

Prosecutors are seeking the death penalty for Holly.

************************

McDaniel addresses legislators on executions


Arkansas Attorney General Dustin McDaniel is meeting with state legislators to discuss what he says is a broken death penalty system.

McDaniel appeared before a joint meeting of the House and Senate Judiciary Committees on Wednesday.

Arkansas hasn't executed a death row inmate since 2005, and McDaniel said earlier this month that he doesn't expect that to change anytime soon.

The state doesn't have any pending executions. Gov. Mike Beebe said Wednesday he doubts an execution will take place while he's still governor. Beebe has said he doesn't have immediate plans to schedule executions even though McDaniel has asked him to do so.

Wednesday's committee meeting comes as Arkansas and other states grapple with legal challenges and a shortage of drugs used in lethal injections.

(source: Associatedj Press)






OHIO----impending executuion

Kasich won't spare Cleveland killer from execution Billy Slagle


Gov. John Kasich rejected clemency yesterday for a condemned Cleveland killer who stabbed his victim 17 times, overruling a rare plea for mercy from the prosecutor overseeing his case and support from nearly half of a parole board that previously voted unanimously against the inmate.

Gov. John Kasich's decision left death row prisoner Billy Slagle with few options before his Aug. 7 execution date for killing neighbor Mari Anne Pope in a 1987 burglary while 2 children she was watching were home.

Kasich followed the recommendation of the Ohio Parole Board, which voted 6-4 last week to turn down Slagle's request for clemency. As is his custom, Kasich didn't explain his decision in his statement.

The entire board ruled against mercy 2 years ago for Slagle, but that was before the election of new Cuyahoga County prosecutor Tim McGinty and a change in his office's approach to capital punishment.

McGinty, who is applying new criteria to both old and new death penalty cases, has said he doesn't believe his office could obtain a death sentence for Slagle today. McGinty pushed for life without parole, arguing that without that option in 1987, jurors trying to ensure that Slagle would never go free chose the only option before them: a death sentence.

The parole board didn't buy McGinty's argument. "The egregious nature of Slagle's crime and circumstances surrounding it outweigh the mitigation present here," the board wrote in its ruling, which called the slaying "unprovoked, merciless, and completely senseless."

Attorneys for Slagle, 44, long argued his sentence should be commuted to life without parole, citing his age - at 18, he was the minimum age for execution in Ohio when the crime happened - and a long history of drug and alcohol abuse.

"Billy was exposed to alcohol from the womb to the crime," Joe Wilhelm, a federal public defender, said at a July 8 hearing.

Before Kasich's decision, Wilhelm had said he was encouraged that 4 members of the parole board had voted to spare Slagle.

Messages seeking comment were left for Slagle's attorneys and for the prosecutor.

The woman whose children Pope was watching the night she was killed welcomed Kasich's announcement.

"Justice has been served," Lauretta Keeton of Brook Park in suburban Cleveland said in a phone interview.

"It has taken too long," said Keeton, 57, a retired medical assistant. "This should have been settled a long time ago."

The parole board members who supported clemency cited McGinty's change of position, with one noting that Slagle's "age and immaturity at the time of offense significantly mitigate his sentence."

In 1996, Ohio law changed to allow jurors to choose between execution and life without parole. In 2005, lawmakers added a provision allowing prosecutors to pursue life without parole in non-death penalty cases.

"Slagle's case is a close call," Cuyahoga County assistant prosecutor Matthew Meyer told the parole board at the July 8 hearing. "We can't in confidence tell you that had it happened today, this would be a death case."

Meyer said the recommendation for mercy was not meant to diminish the heinous facts of Pope's death.

Friends of Pope told the parole board that sparing Slagle would dishonor the jury's original sentence.

It's unclear whether a sitting Ohio prosecutor has ever asked that a death row inmate under his office have the sentence commuted.

Cuyahoga County has long had a reputation for heavy use of capital punishment indictments with relatively low numbers of death sentences. McGinty had promised to reduce the number of death penalty charges when he ran for the office.

(source: Columbus Dispatch)

****************************

Ohio governor refuses to spare killer from execution


Ohio Gov. John Kasich on Wednesday officially rejected clemency for a condemned Cleveland murderer, despite a prosecutor's rare plea to commute his sentence to life without parole.

Kasich announced his decision not to grant mercy to death row inmate Billy Slagle, who was convicted in his neighbor's 1987 stabbing death.

Attorneys for Slagle, 44, have long argued that he deserves clemency because he was just 18 at the time of the stabbing, and was a drug addict and alcoholic with a chaotic upbringing.

Cuyahoga County Prosecutor Tim McGinty -- who has recently spoken out against capital punishment -- previously said he doubts Slagle would receive the death penalty if he were tried under the justice system today.

Friends and family of victim Mari Anne Pope said sparing Slagle would have dishonored the jury's sentence.

(source for both: mynews4.com)

*********************

Trial of man who held women hostage for 10 years may start next month


The trial for the Ohio man accused of holding three women captive for a decade may begin in early August, officials said Wednesday.

However, attorneys for Ariel Castro said they are talking to prosecutors about a possible plea deal, The (Cleveland) Plain Dealer reported.

Castro, 52, appeared in Cuyahoga County Common Pleas Court during a hearing devoted to discussions about the exchange of evidence.

Assistant County Prosecutor Blaise Thomas told Judge Michael Russo his office had supplied more than 4,000 documents to the defense. However, Castro's attorneys complained their team had not received evidence fast enough.

Castro has pleaded not guilty to 977 counts that include rape, kidnapping and aggravated murder.

Craig Weintraub, one of the defendant's attorneys, told the judge a plea deal could be reached if prosecutors agreed not to seek the death penalty.

County Prosecutor Timothy J. McGinty has previously said he would ask for the death penalty for Castro, but has not yet included that specification in the charges.

(source: UPI)

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