Nov. 27
TEXAS:
Bill Would Restrict Informant Testimony in Death Cases
Anthony Graves was wrongly convicted and sent to death row in 1994 based
largely on the testimony of an alleged accomplice in the fiery murders of 6
people. The accomplice, while on the execution gurney, admitted he was the lone
killer. 10 years later, in 2010, Graves was exonerated.
Like Graves, Muneer Deeb, Michael Toney and Robert Springsteen were sentenced
to death after trials that involved the testimony of their cellmates or alleged
accomplices. Their convictions were all overturned.
State Rep. Harold Dutton, D-Houston, has filed a bill, HB 189, that aims to
prevent wrongful death sentences in cases that involve unreliable testimony
from alleged accomplices or jailhouse snitches who receive a reward for
implicating someone else.
"What we have found is that there have been people who, for their own
self-interest, have basically fabricated testimony about other folks, and as a
consequence that person has been found guilty," Dutton said.
Criminal justice reform advocates said the measure is a critical next step in
Texas' efforts to prevent wrongful convictions. Critics of the measure, though,
argue that current rules already protect defendants against unreliable
testimony and that eliminating such accomplice or informant testimony could tie
prosecutors' hands.
Under HB 189, prosecutors in death penalty cases would be unable to use
testimony from informants or from alleged accomplices of the defendant if the
evidence were obtained in exchange for immunity, leniency or any other special
treatment. The measure would also make testimony from cellmates of the
defendant inadmissible unless the conversation was recorded.
"Odd as it may sound, Texas is at the vanguard of snitch testimony," said
Alexandra Natapoff, a law professor at Loyola Law School Los Angeles, and
author of the Snitching Blog. Texas was one of 1st states to require the
corroboration of jailhouse informant testimony and drug snitches, she said. And
Dutton's bill would make Texas among the 1st states to prohibit prosecutors
from offering criminals benefits for their testimony.
A 2004 Northwestern University study of wrongful convictions found that
informants played a major role in more than 45 % of overturned death sentences
nationwide.
"The use of criminal informants is a massive source of error in our most
serious cases," said Natapoff, who also wrote the book Snitching: Criminal
Informants and the Erosion of American Justice.
She said the Texas bill recognizes that "rewarded testimony by paid informants
is one of the riskiest, most unreliable forms of testimony that the criminal
justice system tolerates." And disallowing that testimony in death penalty
cases, she said, would acknowledge that cases in which an individual's life is
at stake require a higher ethical standard.
"Criminal informants have strong incentives to lie and very few disincentives
to lie, because criminal informants are almost never punished," Natapoff said.
Jeff Blackburn, chief counsel for the Innocence Project of Texas, said his
organization has long pushed lawmakers to restrict the use of informants and
snitches.
"That's what the government does when they really need to convict somebody and
they really don't have the evidence," Blackburn said. "It sounds dramatic, and
it's very tempting for prosecutors to use."
State Rep.-elect Joe Moody, an assistant El Paso County district attorney, said
accomplices or informants are often the only witnesses who know the
circumstances of the crime. Existing rules allow defense lawyers to question
informants about deals they may have made with prosecutors in exchange for
their testimony. If a defense attorney effectively cross-examines the witness,
Moody said, the jury should be able to make an informed decision about the
person's credibility.
Requiring electronic recordings of jailhouse conversations, as Dutton???s bill
suggests, Moody said, would force jails to install recording equipment in all
of their facilities.
"I think the rule itself would do a disservice to trying the case in the full
and open light," said Moody, D-El Paso.
In the wake of dozens of wrongful convictions in recent years, Texas has passed
a number of measures to prevent such injustices and to compensate the victims
of the criminal justice system's mistakes. Most recently, in 2011, legislators
passed a bill that improved police procedures for eyewitness identifications
after studies showed misidentifications played a major role in many wrongful
convictions.
Dutton has filed similar proposals to curb the use of informants in past
sessions, and they have failed. As Texas continues to make national headlines
with its exonerations, Dutton said, he is hopeful that lawmakers will be more
amenable in the 2013 session.
"Members now recognize that Texas needs to do a lot better job of protecting
the integrity of our legal system," he said. "The truth of the matter is all
the systems we have in place to protect innocent people from being convicted
simply haven't worked."
(source: Texas Tribune)
**************************
A Faithful Conversation on the Death Penalty with Dallas Faith Leaders -
December 4, 2012
On December 4, 2012, Dallas Faith Leaders will join in a conversation to share
their perspectives on the death penalty and discuss the challenges of moving
Texas away from a culture of vengeance toward a culture of accountability that
does not rely on the death penalty; addressing the issue of the death penalty
from the pulpit; and how faith leaders and people of faith can take a more
proactive role in educating their congregations about the death penalty. All
are welcome!
Tuesday, December 4----7:00 p.m. - 9:00 p.m.
Paul Quinn College----Grande Lounge 3837 Simpson Stuart Road
Dallas, TX 75241
For more information, contact TCADP at 512-441-1808 or i...@tcadp.org
The Panelists
Dr. Frederick D. Haynes, III, Senior Pastor of the Friendship-West Baptist
Church in Dallas Texas for now 28 years, leads with a commitment to Christ,
passion for people and yearning for community transformation. To that end, he
has grown Friendship-West to nearly 12,000 during his tenure as Pastor.
Possessing a commitment to education, he has a Bachelors Degree from Bishop
College, a Master of Divinity degree from Southwestern Baptist Theological
Seminary and a Doctor of Ministry from the Graduate Theological Foundation.
Deacon Charles Stump was ordained for the Catholic Diocese of Dallas, January
1992, and has been assigned to the Cathedral Shrine of the Virgin of Guadalupe
in downtown Dallas for the last 19 years. He graduated from Dallas Baptist
University majoring in Psychology; from Texas A&M Commerce, with a Master of
Science in Counseling; and from the University of Dallas, with a Masters of
Pastoral Ministries.
Deacon Stump is the Director of Pastoral Services for the Catholic Diocese of
Dallas, overseeing the Hospital Chaplains, Prison Chaplains, Disabled Ministry,
Deaf Ministry, Substance Abuse & Addictions Ministry, Grief Ministry and is the
representative of the Diocese of Dallas for the Honduras Solidarity
Relationship with the Diocese of Trujillo, Honduras.
The Rev. Stanley J. Meyer, D.Min., is Bishop Assistant for Leadership and
DiscipleLife in the Northern Texas - Northern Louisiana Mission Area of the
Evangelical Lutheran Church in America. Ordained in 1975, he has served in
parish ministry (Redeemer Lutheran Church, Greenville, Texas), campus ministry
and university administration (Texas Lutheran University, Seguin, Texas) and,
since 1994, as Assistant to the Bishop with responsibilities for leadership
development, mobility and communications. He is a graduate of Christ Seminary -
Seminex, St. Louis (M.Div., 1974), Texas A&M Commerce (M.A., 1980) and Austin
Presbyterian Seminary (D.Min., 1998). The father of 3 sons and grandfather of 3
grandchildren, he and his wife, Connie, live in Arlington, Texas.
(source: TCADP)
Rev. Dr. Wes Magruder is the Director of Missional Community Development for
The People of New Day, a growing network of missional micro-communities based
on neo-monasticism. As an outgrowth of his work with New Day, he created
Project Daraja, which provides bridge support for refugees as they work toward
citizenship and self-sufficiency. He serves as the Chair of the Board of Church
and Society of the North Texas Conference (UMC), and is on the Board of
Directors of Refugee Services of Texas. He has served appointments in suburban
London and suburban Dallas, as well as 4 years of missionary service in
Cameroon, West Africa, where he learned the fine art of off-roading and
French-speaking.
**************************
Judge denies 3 inmate testimonies
Judge Ken Keeling excluded 3 state witnesses from testifying in the capital
murder trial of an inmate accused of murdering a correctional officer 5 years
ago because they might have discussed what they were going to say on the stand
Tuesday.
The witnesses, who are all inmates at the Wynne Unit in Huntsville, were placed
together in a holding cell at the Brazos County Courthouse on Tuesday morning.
They were waiting to tell their account of the daring escape attempt from the
Wynne farm on Sept. 24, 2007, by fellow inmates John Falk Jr. and Jerry Duane
Martin, which resulted in the death of Texas Department of Criminal Justice
employee Susan Canfield.
Falk, who is being charged under the Texas Law of Parties, is on trial this
week and facing the death penalty if convicted. Martin was found guilty for his
role in Canfield's murder and sentenced to die in 2009.
The move to exclude the witnesses came after the testimony of inmate Noah
Melton on Tuesday afternoon. Melton was working in the vegetable garden with
Falk and Martin the day the pair tried to escape. In the process, Martin stole
a truck from the City of Huntsville Service Center across the street from the
Wynne Unit and rammed into the horse Canfield was riding. Canfield sustained
fatal injuries when she crashed into the roof of the truck.
Defense attorney Michelle Esparza asked Melton during cross examination if he
had discussed the case with the other three inmates in the holding cell, and he
said he had. The court had issued a rule to prevent witnesses from talking to
anyone other than attorneys for the state and defense as well as their
investigators about their testimony so no one would be influenced to change his
account of what he saw take place.
"These witnesses have violated the rule, and we would like to exclude the 3
remaining witnesses because they have already heard (Melton's) testimony and
talked about what they were going to say," Esparza said after the jury was
dismissed from the room.
In a sidebar, attorneys discussed the situation and pleaded their case to
Keeling, who decided to exclude the witnesses. Walker County District Attorney
David Weeks argued that the 3 witnesses already testified under oath at
Martin's trial and gave statements.
"This is a death penalty case, so I am going to strictly follow the rules,"
Keeling said. "All 3 are excluded."
Melton testified earlier Tuesday that he saw Falk pull correctional officer Joe
Jeffcoat from his horse during the escape and that Falk was able to get
possession of Jeffcoat's firearm. He also said he saw Martin crawl under a
barbed-wire fence that separated the field the inmates were working in from the
Service Center and that he heard gunfire.
"It was just like a Western movie," Melton said. "It all happened so fast."
Melton testified that he saw Martin get in a truck and "speed" toward Canfield,
who was in the Service Center yard to serve as the last line of defense in case
of an attempted escape. He said the truck struck the horse and Canfield hit the
windshield. The horse got up, but "Ms. Canfield never got up," he said.
Bobby Wilson, a city of Huntsville employee who was working at the Service
Center the day Canfield was killed, also testified Tuesday. The mechanic said
he heard some popping sounds while he was in the garage and saw a bullet strike
a beam in the building. He said he jumped down in a grease pit from which he
saw some of the events unfold.
"I saw a convict run to that lady on the horse. He was grabbing the reins and
spinning her around in circles," Wilson said. "That is when I heard the truck
coming and saw it plow into her."
Wilson said he did not know the identity of the inmate who was struggling with
Canfield on her horse, but testimony from witnesses on duty in the field that
day claim it was Falk.
Some spectators in the courtroom began to tear up when Wilson described
reaching Canfield after the inmates fled in the truck. He said she was laying
on her stomach and blood was coming out of her mouth. He instructed another
worker to go and get some paper towels to wipe away the blood as they waited
for paramedics to arrive.
"Her eyes were open and she was breathing," Wilson said. "I told her 'Ms.
Canfield, we are going to pray for you.'"
The defense asked Wilson if his view could have been obstructed by vehicles
parked along the garage bays. He said there weren't any vehicles parked there
that day.
The defense also wanted to know if the truck might have been making a left-hand
turn to exit the yard when it struck Canfield's horse.
"No," Wilson answered. "He hit her straight on."
(source: The Huntsville Item)
CONNECTICUT:
Inmate could face death in cellmate's slaying
A Vernon jury is to take up the penalty for a Connecticut inmate it has
convicted of capital felony for killing his cellmate at a state prison.
The Hartford Courant reports the jurors will begin considering Wednesday if
25-year-old Jose Jusino should get a death sentence for strangling 22-year-old
Reynald Robles at the Northern Correctional Institution in July 2009.
The jury convicted Jusino last week of killing Robles. On Tuesday it found
Jusino guilty of a capital felony after hearing prosecution testimony that he
was already serving 30 years for an earlier killing.
Connecticut abolished the death penalty for new cases this year, but it is
still in effect for earlier crimes.
His attorney has argued Jusino was in a rage when he killed Robles and didn't
intend to do it.
(source: The Hour)
*****************
Conn. inmate could face death penalty for conviction of capital felony in
killing of cellmate
A jury has convicted a Connecticut inmate of capital felony, meaning he could
face the death penalty for killing his cellmate at a state prison.
The Hartford Courant reports (http://cour.at/Y2jgi8) the verdict came Tuesday
after a prosecutor testified that 25-year-old Jose Jusino was eligible for the
capital felony charge because he was serving 30 years for an earlier killing.
The jury convicted Jusino last week of strangling 22-year-old Reynald Robles at
the Northern Correctional Institution in July 2009.
Jurors will take up the penalty phase on Wednesday, deciding if Jusino should
be sentenced to death. Connecticut abolished the death penalty for new cases
this year, but it is still in effect earlier crimes.
His attorney has argued Jusino was in a rage when he killed Robles and didn't
intend to do it.
(source: Associated Press)
KENTUCKY:
Indictment of the criminal justice system; Death penalty preys on weak, poor,
people of color, says someone who knows
Kentucky
35 ... Current death row population
1 ... Women on death row
2 ... Number of NKY death row convicts
1 ... Number of innocents freed from death row
3 ... Executions since 1976
424 ... Executions before 1976
Yes ... Life without parole an option
2 ... Number of clemencies
[sources: Death Penalty Information Center; Kentucky Department of Corrections]
**
Ohio
150 ... Current death row population
1 ... Women on death row
27 ... Number of death row convicts from Hamilton County
6 ... Number from Butler County
1 ... Number from Warren County
1 ... Number from Clermont County
5 ... Number of Innocents freed from death row
49 ... Executions since 1976
438 ... Executions before 1976
Yes ... Life without parole an option
16 ... Number of clemencies
[sources: Death Penalty Information Center; Ohio Department of Corrections]
Randy Steidl, who spent most of 2 decades on death row, was a blue-collar
worker from a small farming community in southern Illinois.
When questioned about the 1986 murders of a newlywed couple, Steidl assumed the
investigators were questioning many people in the area. He did not know either
of the victims but cooperated with the police and gave a corroborated alibi for
the night of the murders. It was a shock when he was arrested, tried, convicted
and sentenced to death within 90 days.
On May 28, 2004 - after 17 years, 3 months and 3 weeks of wrongful imprisonment
- Steidl was released.
"I'm not here, free today, because of the system," Steidl, 61, said while
speaking out against the death penalty to 100 people Tuesday at Northern
Kentucky University. "I am free despite it. If Illinois had its way, I would be
dead today. From someone who came from a strict conservative background, my
faith was not just shaken, it was broken in the criminal justice system."
He asked how many other people have Northwestern University journalism
students, an honest state police officer and a federal judge who took the time
to read the record to help prove their innocence.
Northwestern's Medill Innocence Project has exonerated at least 12 wrongly
convicted defendants and freed them from prison. Among them were 5, including
Steidl, who were on death row.
"The death penalty in this country preys on the weak, on the poor and on people
of color," he said. "Those are the people who can???t afford the resources to
build that level playing field you need in front of an honest judge and 12
thinking people."
Steidl said he had poor legal representation, no DNA evidence against him and
witnesses who fabricated testimony against him due to police misconduct. He
said an investigation by Illinois State Police proved that local law
enforcement and prosecutors had framed him and co-defendant Herbert Whitlock.
The real person responsible was a man whose major campaign contributions to the
governor's office made the case too politically sensitive, he said.
(source: Cincinnati Enquirer)
NEVADA:
Jury considering death penalty for 25-year-old man in Las Vegas karaoke bar
slaying
A jury began considering the death penalty Tuesday for a 25-year-old Chinese
immigrant found guilty of stabbing a man to death in a crowded karaoke bar in
Las Vegas over what authorities said was a $10,000 gambling debt owed to a
gang.
Xiao Ye Bai bowed his head and made a prayerful gesture before the jury found
him guilty Monday of multiple felonies, including first-degree murder,
extortion, kidnapping, conspiracy and burglary in the July 2009 death of Wen
Jun "James" Li.
Bai showed little emotion as the verdict was read, the Las Vegas Review-Journal
reported (http://bit.ly/UUiVs5 ).
Earlier, jury deliberations were halted briefly after people identifying
themselves as Bai's family members unfurled a large banner outside the
courtroom pleading for "fair minded" judgment from the jury.
Several jurors saw the display, and Clark County District Court Judge Michael
Villani asked each juror separately whether seeing it or hearing about it from
other jurors would influence their deliberations. Each said no.
Villani decided the jury hadn't been tainted and allowed deliberations to
resume. The jury reached a verdict a little more than an hour later.
The same jury is hearing evidence in the penalty phase of the trial, with
testimony expected to continue Wednesday. Jurors could also choose life in
prison without parole, 20 years to life in prison, or 20 to 50 years in prison.
Prosecutor Marc DiGiacomo said Bai was acting on behalf of a gang called United
Bamboo when he stabbed and slashed Li 32 times in the Forbes KTV bar and
restaurant several blocks west of the Las Vegas Strip.
Defense lawyers Robert Draskovich and Robert Langford never denied Bai attacked
Li. But they argued he didn't intend to kill him.
The verdict "wasn't a surprise given the amount of evidence presented,"
Draskovich told the Review-Journal. "We fully expected to go into the penalty
phase."
Trial began Nov. 5, and featured testimony from Bai's ex-girlfriend, Pei
"Nikki" Pei, who had faced the same charges as Bai but pleaded guilty before
trial to reduced felony charges of accessory to murder. She could face 6 to 17
years in prison at sentencing Jan. 10.
Pei testified she drove Bai to the club the night of the killing.
Bai, dressed in black, went inside the bar, where court documents allege Li
grabbed an acquaintance, Jian Guo, and pushed him toward Bai, before fleeing
down a hallway.
Guo was cut on his arm before Bai began attacking Li, according to witnesses.
Investigators said a woman, Lin Yao, thought Bai was punching Li and tried to
intervene. She was stabbed 4 times.
Li suffered defensive wounds on his forearms and hands and fatal wounds on his
head, neck and back, according to testimony.
Bai went back to the Accord driven by Pei, and the vehicle sped off.
Pei testified she thought Bai went in the bar to get the money, and she didn't
know Li was dead until more than a week later.
Draskovich told the jury that prosecutors didn't prove his client intended to
kill Li when he went to the bar. The defense attorney said spur-of-the-moment
fury and loss of control explained the 32 stab wounds.
DiGiacomo noted the license plate of the Honda was covered before Bai went to
the club.
(source: Associated Press)
_______________________________________________
DeathPenalty mailing list
DeathPenalty@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/
~~~~~~~~~~~~~~~~~~~~~~~~~~~
A free service of WashLaw
http://washlaw.edu
(785)670.1088
~~~~~~~~~~~~~~~~~~~~~~~~~~~
