Dec. 13
TEXAS:
Mental illness does not provide automatic ticket off death row ---- The rare
occurrence
While mental illness may frequently be used by defendants in the courtroom as a
reason to escape execution, it’s rarely been an effective means to get off of
death row once there.
In fact, seldom — as in the case of a 1990 shooting outside a supermarket in
Harris County — has mental illness been the determining factor in someone
sentenced to die in Texas receiving a reduced sentence.
“If it does happen, it’s certainly going to be a very, very low number,” said
Richard Dieter, executive director of the nonprofit Death Penalty Information
Center. “For one thing, mental illness is not a very easy classification to
achieve.”
Mental illness, such as schizophrenia and manic-depression, is not to be
confused with intellectual disability – or mental retardation. A U.S. Supreme
Court ruling in 2002 barred the execution of people with low intelligence
scores. As a result, by 2008, 12 Texas inmates were given reduced sentences,
five from Harris County, one from Liberty County.
“When the courts come up with something new, that will affect some older
cases,” said Roe Wilson, Harris County assistant district attorney.
The biggest example of this came in 2005 when 12 inmates from Harris County
ended up with reduced sentences after the high court ruled those under the age
of 17 at the time they committed a capital crime could not be executed.
The rare occurrence
In 2004, a federal judge did hand down a ruling that resulted in a death row
inmate’s mental illness constituting grounds for a new sentence. As a result,
Theodore Goynes, who 14 years earlier gunned down a woman after she left a
grocery store, received a life term.
Even in this rare case, which only came about because Goynes’ mental problems
had not been brought to light during his Harris County trial, there were
extenuating circumstances.
Goynes’ intellectual disability also was considered by the court with U.S.
District Judge Sim Lake writing, “He (Goynes) is not retarded. He does,
however, have low intelligence and a long history of mental illness.”
Still, the reason Goynes’ sentence was reduced, at least technically, was that
his mental illness was among the factors not presented to the court in the
first place, Wilson said.
“You can stand trial and have mental illness,” she added. “The possible
mitigating evidence is presented by the defense as an argument for life rather
than death.”
On death row
After arriving at the Texas Department of Criminal Justice, death row inmates
are placed in isolated cells in Livingston where they remain 23 hours a day.
Spokesman Jason Clark said that doesn’t mean they go without standard mental
tests and physical exams, though.
“An individual could be sent to a psychiatric facility within TDCJ as a result
of mental problems,” Clark said. “When the doctor determines the inmate is well
enough to be sent back (to death row), he is.”
In part due to privacy guidelines, a listing of inmates on the TDCJ website who
were formerly on death row does not cite reasons why many of the 202 have been
reclassified since 1974.
Of those with listed reasons, 40 died behind bars, 25 convictions were reversed
or overturned and 74 were re-sentenced to life. While many of the reduced
sentences resulted from the high court ruling concerning minors, 99 inmates,
not counting those with intellectual disabilities, were given life terms
without a listed reason.
However, no record can be found of an inmate’s permanent transfer from death
row due to a mental illness diagnosed after arriving at TDCJ. This would seem
to debunk a commonly held belief outside the prison walls.
“I think people are worried about faking in court and afterward,” said Kathryn
Kase, interim executive director of the nonprofit Texas Defender Service in
Houston, a group that handles death penalty cases in an effort to expose flaws
in the system.
In Texas, unlike many states, at some stages of the proceedings mental
competency is decided by a jury rather than a presiding judge. Both defense and
prosecution lawyers present evidence largely from psychiatrists and
psychologists.
Incompetency at prison?
Kase said there have been cases involving capital murder convictions in which
severe mental problems were not brought up, even during the appeals process. In
other cases, symptoms of schizophrenia did not become apparent until after the
imprisonment began.
The Supreme Court has held that all defendants must be examined to make sure
they understand why they are facing the death penalty. Later, in the case of
convictions, they must know why they are being executed. However, the high
court also acknowledged “rational understanding” is difficult to define.
“Competency is fluid,” Wilson said. “You can become competent one year and
incompetent the next. Those cases are pretty rare.”
She said there are currently 3 Harris County death-row inmates, who experts
have determined are now incompetent to be put to death. Of course, that could
change.
Graphic example
For nearly 2 decades, one of Kase’s clients has provided the state’s most
graphic example of just how complicated issues involving competency and the
justice system can be.
‘Texas has fought hard to have defendants executed, even though they exhibit
severe mental illness, such as Scott Panetti,” said Dieter of the man convicted
of brutally slaying his parents-in-law in Gillespie County in 1992. “The law
regarding competency for trial and competency for execution has different
roots. Because of the Panetti case, the exact standards for execution are still
being litigated.”
Panetti, according to Kase, has certainly exhibited signs of his diagnosed
psychoaffective disorder, which includes mood swings, paranoia and
hallucinations, while before the court. After being found competent during his
second hearing — the first resulted in a hung jury — he insisted on
representing himself. During the proceeding he insisted on wearing a blue
cowboy outfit. He also tried to subpoena President John F. Kennedy and Jesus
Christ.
His demeanor was perceived by many to be an act, and Panetti was convicted.
“It’s understandable,” Kase said. “We bring a lot of biases about what people
with mental illnesses are supposed to look like and act like. There is no one
way they act.”
The U.S. Supreme Court ruled the lower courts had improperly determined Panetti
was competent, and a new hearing was required. He was once again ruled
competent, because even though he was mentally ill, he was found to understand
the charges and proceedings.
Currently, his case is at the appellate level. Kase said Panetti now believes
he is facing execution not because of the crime he committed, but “because he
preaches the gospel.”
***************
Rick Perry: death penalty delivers “ultimate justice”
Texas Gov. Rick Perry is a staunch supporter of the death penalty. “In the
state of Texas, if you come into our state and you kill one of our children,
you kill a police officer, you’re involved with another crime and you kill one
of our citizens, you will face the ultimate justice in the state of Texas, and
that is you will be executed,” he said at a recent Republican presidential
debate. Rick Perry makes no bones about the fact he strongly supports the death
penalty. Since he took office as the Governor of Texas, he’s presided over 236
executions, more than any other governor in U.S. history.
And while Perry views have drawn harsh criticism from those who oppose the
death penalty, statistics would suggest his tough stance has helped decrease
the number of executions.
From a high of 33 carried out in 2002, executions declined to 17 in 2010. As
2011 draws to a close, the yearly total decreased to 13 executions.
A recent report released by the Council of State Governments also showed the
state’s crime rate had dropped one percent despite a two percent population
increase. In addition, during Perry’s time as Governor the report indicated
prison costs had declined.
For many, the results speak for themselves and his hard line on crime has won
Perry enormous praise. However, his position on the death penalty remains a
different matter for many Texans.
“He has done more good than any other governor we’ve ever had. He approaches
criminal justice issues like a lay person rather than like a prosecutor or
judge, which makes him open-minded and willing to embarrass the system. Unless,
of course, it involves the death penalty,” Jeff L. Blackburn, chief counsel for
the Innocence Project of Texas said. “On the death penalty, Rick Perry has a
profound mental block.”
The 2004 execution of Kelsey Patterson is a case that illustrates the
complicated question of Perry’s concept of “ultimate justice”. Patterson was
sent to death row for the 1992 double murder of a well-liked businessman and
his secretary in broad daylight for no apparent reason. After the senseless
killing, Patterson ran to a nearby yard and threw off his clothes. Horrified
witnesses watched as he stood naked waving his arms and howling freakishly
until police arrived.
Patterson had been diagnosed as a paranoid schizophrenic and previously deemed
incompetent to stand trial for shooting coworkers on 2 separate occasions.
Despite his serious and obvious mental illness, Perry denied requests to
commute his death sentence to life in prison.
"Death penalty decisions are never easy, and this one is particularly difficult
- not only because of the brutal murder of 2 innocent victims of this crime,
but also because of Mr. Patterson’s mental and criminal history - including 2
prior charges of attempted murder,” Perry said in a released statement. At that
time, a sentence of life without the possibility of parole wasn’t possible in
Texas.
"This defendant is a very violent individual. Texas has no life without parole
sentencing option, and no one can guarantee this defendant would never be freed
to commit other crimes were his sentence commuted,” Perry stated. “In the
interests of justice and public safety, I am denying the defendants request for
clemency and a stay."
The question of the death penalty continues to haunt Texas’ longest-serving
Governor. But, has Perry ever lost sleep over presiding over more executions
than any governor in U.S. history? When asked the question at a recent
Republican presidential debate, Perry remained confident about his stance.
“I’ve never struggled with that at all. The state of Texas has a very
thoughtful, a very clear process in place,” Perry said. “When someone commits
the most heinous of crimes against our citizens, they get a fair hearing, they
go through an appellate process, they go up to the Supreme Court of the United
States if that’s required.”
Saying the death penalty should be put into effect on a state-by-state basis,
Perry again voiced his support for what he has referred to as the “ultimate
justice.”
“In the state of Texas, if you come into our state and you kill one of our
children, you kill a police officer, you’re involved with another crime and you
kill one of our citizens, you will face the ultimate justice in the state of
Texas, and that is you will be executed.”
(source for both: yourhoustonnews.com)
CONNECTICUT:
Callers talk about the death penalty, what comes next for Komisarjevsky
We got calls all weekend long about the Komisarjevsky verdict.
Some are ready to move on, and some want justice to move even faster in the
Voice of the People.
Julie from New Haven said, "I am so glad the Cheshire Invasion Trial is over.
Maybe now the family will have some closure."
"Channel 8 really make sure that people get the message: you screw up, you're
gonna pay. And finally Komisarjevsky is gonna pay. Hallelujah," Anonymous in
Derby said.
Laura from Cromwell said, "I'm happy they got the death penalty. What they did
was awful."
"The Connecticut penalty death penalty should be put to use right away," said
JoAnne from Hampden. "They should not be able to get a long appeal. These
people need to be put to death."
Amy from Ansonia agreed, "They both deserve the death penalty. They both
deserve to die now. Not tomorrow or the next day. Now."
"When are you people gonna let the Komisarjevsky case go? He was sentenced to
death. Let it go," said Charlene from Woodstock.
(source: WTNH)
PENNSYLVANIA:
Death penalty averted, lawyers say free Mumia
Faced with the embarrassing prospect of his legal team unraveling the very
basis of his murder conviction 29 years ago, Philadelphia prosecutors announced
on Dec. 7 that they will no longer seek the death penalty for imprisoned
journalist and former Black Panther Mumia Abu-Jamal.
Philadelphia District Attorney Seth Williams told reporters his office opted
for a life sentence rather than face more lengthy appeals. This after the U.S.
Supreme Court upheld a decision by the Third U.S. Circuit Court of Appeals,
which agreed with a lower court which set aside Mr. Abu-Jamal’s death sentence
finding jurors were improperly instructed in a way that encouraged them to
choose death rather than a life sentence, ordered the court to re-examine the
decision. Prosecutors had to determine whether Mr. Abu-Jamal would get a new
sentencing hearing in court before a new jury.
“Every reviewing court has found the trial fair and the guilty verdict sound,”
Mr. Williams said at a press conference. “. . . Our best remaining option is to
let Mr. Abu-Jamal to die in prison.”
With broad support from the NAACP Legal and Defense Fund, and countless other
national and international supporters however, Mr. Abu-Jamal, who was president
of the Philadelphia Association of Black Journalists at the time of his arrest
30 years ago, has argued for decades that racism by the prosecutors and the
original trial judge led to his conviction in the death of Philadelphia police
officer Daniel Faulkner.
In a 2001 report for example, Amnesty International noted that Mr. Abu-Jamal’s
original trial did not meet the minimal standards of international law. His
supporters have long insisted that his guilty verdict must be considered “more
than flawed. It is unacceptable,” the International Friends and Family of Mumia
Abu-Jamal said in a statement Dec. 7. “He has been denied the right to a new
trial based on racial bias in jury selection, has faced years of prosecutorial
and police misconduct and judicial bias.”
His supporters insist that justice for Mr. Abu-Jamal “will not be served by
life imprisonment, but by his release from prison.”
Nobel Peace Prize laureate and South African Archbishop Desmond Tutu agrees.
“Now that it is clear that Mumia should never have been on death row, justice
will not be served by relegating him to prison for the rest of his life—yet
another form of death sentence,” Bishop Tutu said in a video statement.
“Based on even a minimal following of international human rights standards,
Mumia should be released. I therefore join the call and ask others to follow,
asking District Attorney Seth Williams to rise to the challenge of
reconciliation, human rights and justice. Drop this case now and allow Mumia
Abu-Jamal to be released immediately, with full time served,” Bishop Tutu
continued. After the court rulings mandating a new sentencing hearing, Mr.
Williams initially promised to consult with Archbishop Tutu, according to Dr.
Suzanne Ross, an organizer with the International Friends and Family.
“We expected that they were going to drop the fight for execution because they
were losing,” Dr. Ross told The Final Call. “They lost legally, and in order
for them to try to appeal it, they would have had to have had a new trial on
the question of the sentence only. But once you have a hearing on the sentence,
other issues come up. This case is so rotten with criminality on the part of
the state—all the bodies, the police, the prosecution, the judiciary, all of
them—that if there was a hearing again in 2011 on the death sentence, they had
a lot to lose.
“First of all the likelihood of Mumia being executed is very low, because the
whole ambience against the death penalty is much stronger, especially after
Troy Davis. They would have had to risk a lot,” Dr. Ross continued. “It’s not
out of the kindness of their heart that they dropped the attempt to execute
Mumia.”
While Mr. Abu-Jamal will not have an opportunity to argue for the
consideration, the mounting evidence of his innocence and wrongful conviction
in court, his legal team is working on a new strategy to win his freedom,
according to Prof. Judy Ritter, of Widener University Law School. She
successfully argued Mr. Abu-Jamal’s appeals before the Third Circuit Court.
Youth display their support for Mumia Abu Jamal.
“There are lots of unfairnesses in the case, in the guilt phase of the trial,
and I know that his lawyers and his supporters have been raising these issues
for a long time, and this doesn’t necessarily mean that that’s going to be the
end of those claims,” Prof. Ritter told The Final Call.
“I don’t think the wind will be taken out of the sails of that (free Mumia
Abu-Jamal from death row) movement, I really don’t. I think that for those
people who believe that the conviction was based on an unjust trial, an unfair
trial, and evidence that was not fairly gathered or admitted, I think that they
remain very concerned about his serving the rest of his life in prison.
“Better that he not be facing the death penalty, but I don’t think that’s going
to be enough to make people stop caring about the case,” Prof. Ritter
continued.
Mr. Abu-Jamal’s case “is like thousands of other cases in Philadelphia in which
the prosecutor, the judge, and the police conspired to obtain a conviction,”
said the statement from the International Friends and Family.
“One of the most important and least known facts of this case is the existence
of a fourth person at the crime scene, Kenneth Freeman. Within hours of the
shooting, a driver’s license application found in Officer Faulkner’s shirt
pocket led the police to Freeman, who was identified as the shooter in a
line-up. Yet Freeman’s presence at the scene was concealed, first by Inspector
Alfonso Giordano and later, at trial, by Prosecutor Joe McGill.
“Recently, the U.S. Department of Justice asserted that withholding evidence of
innocence by the prosecutor warrants the overturning of a conviction,” the
statement said.
“The police investigation that led to Mumia’s conviction was also riddled with
corruption and tampering with evidence. The recently discovered Polokoff
photographs that were taken at the crime scene reveal that officer James
Forbes, who testified in court that he had properly handled the guns allegedly
retrieved at the crime scene, appears holding the guns with his bare hands. The
photos also discredit cabdriver Robert Chobert as a witness; his taxi, contrary
to his testimony, is pictured facing away from the fallen officer’s car. This
evidence hasn’t been reviewed by any court,” the statement revealed.
“Does Mumia now just become one of the many political prisoners who are
spending their lives in prison, who are quasi forgotten?” Dr. Todd Stephen
Burroughs, a researcher who is writing a book about the life of Mr. Abu Jamal
told The Final Call. “Does he become a hero in general population and lead
something?” such as the movement and prisoner political education process that
was led by “Soledad Brother,” George Jackson in California prisons in the
1960s?
“We’re in a new situation. We have brand new questions to ask,” Dr. Burroughs
continued. “Many people are reminded of George Jackson when they think of
Mumia, and they hear Mumia, and they read Mumia. And the dangers of what
happened to George Jackson are definitely in play, but also the potential that
George Jackson represented are also in play. We’re now in a new situation, a
new era.”
Mr. Abu-Jamal’s supporters agree. “The same judge, jury, and DA that were
involved in the unlawful sentencing process committed equally egregious
violations in the conviction,” their statement said. “This is not an ending, it
is a new beginning for the movement supporting Abu-Jamal’s quest for release.”
(source: The Final Call)
OHIO:
Man could face death penalty in business partner's slayingCrime
Stoppers----Driver sought in crash that killed pedestrian on South Side
A man charged with murdering his business partner in a dispute over a private
poker club could be sentenced to death if convicted of the crime.
A Franklin County grand jury returned the death-penalty indictment today
against Daniel Teitelbaum in the March 10 slaying of Paul Horn.
The men were co-owners of the Platinum Players Club at 3131 Broadway in Grove
City. Teitelbaum filed a lawsuit in May 2010 in Franklin County Common Pleas
Court, accusing Horn of fraud and misappropriating funds at the business.
Horn, 54, was scheduled to be at the Franklin County Courthouse for a
deposition in the lawsuit on the morning that his body was found. His roommate
called police at 5:21 a.m. to report finding Horn shot to death in their Grove
City apartment.
Teitelbaum, 45, of Margate City, N.J., surrendered to Grove City police on Dec.
3.
The indictment charges him with 2 counts of aggravated murder and 1 count each
of aggravated burglary and tampering with evidence.
The case is eligible for death-penalty consideration because the aggravated
murder was committed during the course of an aggravated burglary, Prosecutor
Ron O’Brien said.
The U.S. attorney’s office, which investigated the case with the FBI and Grove
City police, will assist the county prosecutor’s office in prosecuting the
case, O’Brien said.
Although federal officials eventually determined that they didn’t have
jurisdiction, Assistant U.S. Attorney Deborah Solve had spent so much time on
the investigation that O’Brien cross-deputized her to handle the case with
Assistant County Prosecutor Marla Farbacher.
In a similar cooperative effort, O’Brien was cross-deputized to help prosecute
Daryl Lawrence in federal court for the 2005 shooting death of Columbus Police
Officer Bryan Hurst. Lawrence was convicted and is on Death Row at a federal
prison in Indiana.
In addition to co-owning the Grove City club, Horn owned Celebrities Social
Club on the Far East Side. Both clubs allowed patrons to pay a membership fee
to play poker. The arrangement is legal under Ohio laws as long as the club
does not collect money from the games.
(source: Columbus Dispatch)
FLORIDA----new death sentence:
Jury recommends death penalty for Craigslist killer
A jury only spent about an hour deliberating before coming out with a
recommendation of the death penalty for a 20-year-old man convicted of
murdering a 21-year-old Navy wife in July 2010.
A judge will now decide whether to uphold that recommendation.
David Sparre and Tiara Pool began communicating over Craigslist before meeting
with each other in Jacksonville.
Attorneys say Sparre was unaware that Pool was married with children.
When he found out, he stabbed Pool 89 times in her Hodges Blvd. apartment.
Sparre waived his right to have character witnesses testify on his behalf.
(source: WOTV News)
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