Sept. 27 TEXAS: Nanny prosecutors link boy's injuries to beating----McKinney: Expert testifies marks on head match nails in cabinet door Testimony in a Collin County courtroom Tuesday indicated that prosecutors believe a 14-month-old boy's nanny beat his head against a kitchen cabinet door, inflicting the severe brain damage that killed him in October. During testimony on the 2nd day of Ada Betty Cuadros Fernandez's capital murder trial, prosecutors connected exposed nail heads in a cracked cabinet door to bruises on Kyle Lazarchik's head. Tearful start to trial Andra Lewis Krick, the prosecution's evidence analyst, said the nails in the cabinet door taken from the Lazarchiks' kitchen and displayed in court were the same distance apart as 2 small bruises on Kyle's right temple. Ms. Cuadros Fernandez, Kyle's nanny, is accused of intentionally killing the boy, who died Oct. 15 after two days on life support. She has repeatedly denied purposely hurting Kyle. "I never hurt that baby. Never," she said in an audio recording made by McKinney police investigators. She also said that she wished she were dead instead of Kyle. "I want to switch with him," she said in the recording, played Tuesday in court. "I'm sorry ... because I bumped his head." In that same interview on Oct. 13, Ms. Cuadros Fernandez, 28, told police that earlier that day, Kyle had started choking, vomiting and convulsing after eating lunch. Ada Betty Cuadros Fernandez Then, after police said they didn't believe her, she changed her story, saying she bumped Kyle's head on a door frame while carrying him to the playroom. Later she changed her account again to say that Kyle fell off the kitchen counter the night before. Laurie Ewing, Ms. Cuadros Fernandez's attorney, called Kyle's death a tragic accident. She said he fell from the kitchen counter and hit his head again the next day. But testimony given by Dr. Sheila Spotswood, a Dallas County medical examiner, paints a different picture. As Collin County prosecutor Greg Davis displayed photographs of Kyle's autopsy on a large screen, Dr. Spotswood used a laser pointer to circle the overlapping bruising on Kyle's scalp and head. She described how Kyle's brain was swollen and bleeding, and his eyes were hemorrhaging. Dr. Spotswood said the bruising pattern on his head shows that there were more than 2 impact sites and does not fit the defense's explanation. "It would be two impacts with that ... [defense] scenario," Dr. Spotswood said. "And neither would be with very much force, not enough to cause injuries to the eyes or multiple bruises." Causing the death of a child younger than 6 is considered capital murder and is punishable by life in prison or a death sentence. Before Kyle was injured, Ms. Cuadros Fernandez, a native of Peru, had told the Lazarchiks that she planned to move home, but she agreed to stay to help them interview her replacement. She had a one-way plane ticket to leave on Oct. 29. On the audio recording, Ms. Cuadros Fernandez told police that she cared for Kyle and his twin brother, Ryan, as if they were her children. She said that even though they are identical twins, she could tell them apart, especially based on their personalities. Kyle "was the calmed-down one. He can be in one place all day long," Ms. Cuadros Fernandez said on the recording. "His brother is more active. ... But sometimes they switch." Some of Ms. Cuadros Fernandez's family members have been at the trial both days, along with a handful of Spanish-language news agencies. Testimony resumes Wednesday morning at the Collin County Courthouse in McKinney. (source: Dallas Morning News) ******************* Hate crimes still run rampant in our society On June 7, 1998, James Byrd Jr. was beaten, chained to a truck and dragged three miles to his death in rural Jasper County, Texas. Mr. Byrd was black, his murderers were white. According to the autopsy, Byrd was probably alive when his right arm and head were severed from his body. Following the sub-human murder, the men disposed of Mr. Byrd's partially dismembered body in the town's black cemetery, then went to a barbeque. Later that year, the James Byrd Jr. Hate Crimes Act was introduced in the Texas legislature. No one doubted - from local law enforcement to the FBI - that the brutal murder had been motivated by racism. Two of the murderers, in fact, were self-avowed white supremacists. Regardless of the horrific nature of the crime and the apparent racist motives of the murderers, the bill died in a Senate subcommittee. The suspicion at the time was that the bill had been allowed to die in committee because sexual orientation had been added to the bill's list of prosecutable offenses. The belief was that Senate Republicans had killed the bill to spare Governor (and presidential candidate) George W. Bush the inevitable political fallout he would face if he vetoed the bill. Conventional wisdom at the time was that Governor Bush would have been willing to sign the bill had sexual orientation not been included. Alas, candidate Bush could not sign a bill granting special status to gays and lesbians without alienating his evangelical base. When forced to explain his position on the bill, candidate Bush argued that an existing law (enacted by Governor Ann Richards) made additional legislation unnecessary. To justify further his out-of-the-mainstream position, Bush smugly - and speciously - argued "[it would] be hard to punish them any worse after they get put to death," referring to the death sentences that 2 of the murderers had received. Needless to say, Bush, who holds the singular distinction of executing more people than any other governor in modern history, sees everything through a very narrow lens. Laws, to Bush, exist to punish rather than deter. Supporters of the bill, however, countered that the existing law made prosecution difficult, adding, correctly, that not all hate crimes were punishable by the death penalty, as Bush's tortuous argument seemed to imply. On May 11, 2001, Bush's successor, Governor Rick Perry, faced with overwhelming public support, signed into law the bill that candidate Bush timorously and self-servingly avoided. Texans today - no thanks to George Bush or to the Young Conservatives of Texas - are protected by one of the strongest hate-crime laws in the country. While Bush may have withheld his support for the bill as a matter of political expediency, members of YCT lobbied against the bill, even during Senate hearings, as a matter of, well, honestly, I'm not really sure what the YCT stands for or against. I'm sure someone will write to explain by what line of (un)reasoning anyone could reasonably oppose deterring crime against persons because of "race, religion, color, disability, sexual orientation, national origin or ancestry." Arguing against the bill, Marc Levin, the group's state vice-chairman at the time, parroted the official Bush talking point, saying, "We believe that we have a very strong criminal justice system in Texas," adding, "We execute more people than anyone." My question, to President Bush, Mr. Levin or any surrogate who would like to argue affirmatively, is how executing more people than any other state in the country has anything to do with opposing additional penalties for someone who commits a crime motivated by hate for, or bigotry toward, another person. And, on a purely personal note, explain to me why writing FAGGOT on my office door is no worse - no more egregious, no more repugnant - than simply writing IDIOT. And should the person who wrote FAGGOT on my office door, if caught, be treated identically to a person who simply vandalized property? Are my peace-of-mind and human dignity worth roughly - or exactly - the equivalent of the door that was vandalized? If so, please explain. And to whomever accepts my invitation to public debate, please explain how the person who sent an anonymous e-mail attacking me (as happened on Sept. 16), not just for my political views, but also because of my sexuality, not because I attacked George Bush, but because I dared elegize a former governor who had just died, should be dealt with when he is caught. And, while you're at it, explain to me why being called a faggot - not once, but twice - is no more grievous than being called a four-eyed leftist. Not to mention being directed to engage in an activity so obscene that standards of decency prevent me from elaborating. Honestly, I don't know if the culprits - or culprit, assuming it's the same invertebrate individual who wrote FAGGOT on my door - resent me because I challenge his belief system or naively believe that the harassment will intimidate me into shutting up. Maybe the person doesn't believe in free speech. Maybe he's frustrated because he can't articulate his views well enough to participate in public debate. Maybe he feels threatened by a world that is evolving faster than his own Neanderthal political and religious views. Or maybe he just hates me because I'm gay. For good or for bad, we live in a country in which hate is still legal -- until the hate turns into a hate crime. (source: George Henson is a Spanish professor at SMU; Opinion, SMU Daily Campus) NEW YORK: Winner calls for death penalty reinstatement In light of testimony given in the murder trial of Anthony Horton in the shooting death of New York State Trooper Andrew J. Sperr, Sen. George H. Winner Jr., R-Elmira, has called for the state assembly to reinstate the death penalty. In a press release issued today, Winner said the trials testimony "practically begs New York State Assembly leaders to restore the death penalty. You will never read or hear a more powerfully convincing statement in support of the death penalty as a deterrent to violent crime." Winner said, "Violent criminals like Anthony Horton are afraid of the death penalty, and they're emboldened by New York's lack of it. Every second, every minute, every hour, every day, every week, every year that we leave the death penalty off the books potentially emboldens another violent killer." Winner called on Assembly Speaker Sheldon Silver and the rest of the contingency to read the trial testimony and pay special attention to statements made by Horton's alleged accomplice Bryan Adams who testified on Monday about his role in the robbery at the Chemung Canal Trust Co. branch in Big Flats and the following murder of Sperr. "This testimony is the most profound statement I have ever seen or heard on the death penalty as a deterrent to violent crime. The death penalty can deter violent crime, end of discussion. It might even have saved the life of Andrew Sperr," said Winner. "After reading this testimony involving the murder of one of New York's finest, how could any legislator stand to vote against the death penalty? Speaker Silver should call the Assembly back into session so that New York State's death penalty is restored as soon as possible," said Winner. (source: Star-Gazette) PENNSYLVANIA: Judge rules death penalty in bounds A judge ruled Tuesday that prosecutors can continue to seek the death penalty for James W. VanDivner, whose homicide trial is scheduled for November. VanDivner, 57, of Point Marion, is charged with fatally shooting his ex-girlfriend, Michelle Cable, 41, at her Grindstone, Jefferson Township, home on July 5, 2004. He's also accused of firing 1 shot at her 20-year-old son, William. He survived but the bullet is lodged near his spine. Fayette County Judge John F. Wagner Jr. issued an order yesterday denying VanDivner's motion to block prosecutors from seeking capital punishment if he's convicted of 1st-degree murder. He hinted at the ruling at the conclusion of an Aug. 29 hearing on the motion. Dianne Zerega, VanDivner's attorney for the potential penalty phase, has argued that prosecutors failed at the August 2004 preliminary hearing to establish a case for the aggravating circumstances for a sentence of capital punishment. District Attorney Nancy Vernon contends that VanDivner killed Cable while committing another felony; he created a grave risk of death to others at the home; and he has an extensive criminal record of violent offenses. Wagner said it would be inappropriate to quash the aggravating circumstances before a jury hears the evidence in the case. "The only time a trial court should quash aggravating circumstances is if a defendant makes a showing that no evidence exists to support the commonwealth's allegations," Wagner wrote in his opinion. "As we have determined, there was sufficient evidence presented at the preliminary hearing in this matter to support the sustaining of aggravating circumstances at this time." (source: Tribune-Review) ARIZONA: Murder suspect faces death penalty Deputy County Attorney Josh Ackerman told Mohave County Superior Court Judge Robert Moon on Monday that the prosecution has decided to seek the death penalty against Brad Lee Nelson on a charge of first-degree murder. Nelson, 35, of Golden Valley is charged with the death of his 14-year-old niece, Amber Leann Graff, at a motel in the 3200 block of E. Andy Devine Avenue. This is the first time since 1999 the Mohave County Attorney's Office has decided to seek capital punishment for a crime in the county. Ackerman said the defendant molested the victim before committing the murder, both serious felony offenses. The defendant is also accused of committing the offense in an especially heinous, cruel or depraved manner, which prosecutors consider as serious aggravators, Ackerman said. The defendant was an adult at the time the offense was committed, and the murdered person was under 15 years of age. Crimes against juveniles are always regarded as serious aggravators in the state of Arizona, Ackerman said. Prosecutors also claimed the offense was committed in a cold, calculated manner without presence of moral or legal justification. "From our reading of the facts, Nelson was buying a murder weapon at about an hour before she was killed. He was clearly, we think, planning to do this," Ackerman said. After prosecutors submitted their decision to seek the death penalty to the court, 2 defense attorneys, Lee Novak and Rick Williams, were appointed by Moon as co-defense attorneys for Nelson. State laws requires a defendant to be represented by at least two attorneys when he or she faces the death penalty. Novak, who has represented Nelson since his arraignment, told Moon he needed more time to prepare for the case because most of his preparation so far had been done under the assumption that the death penalty would not be sought. Moon initially asked Ackerman to make the decision as to whether to seek the death penalty within 30 days, but under Ackerman's request, the deadline was extended to 60 days. Ackerman said he had studied all the evidence prosecutors had in the past 2 months and consulted colleagues in the office before reaching the final decision. Chief Deputy County Attorney Jace Zack authorized his decision. "The whole office is automatically there to back you up. It's never totally on your own," Ackerman said. Police reports said Graff and her 13-year-old brother had been left in the care of Nelson in June while her mother was hospitalized at Kingman Regional Medical Center. Graff was later found dead in a motel room, apparently molested before her death. An autopsy performed on the victim by the Mohave County medical examiner determined the girl died of multiple blunt force trauma to the head. (source: Kingman Daily Miner) MISSOURI: Death Penalty Sought Prosecutors are now able to continue their request to seek the death penalty for a suspect charged with the murder of a McDonald County couple. The Missouri State Supreme Court has denied motions that would have prohibited the state from seeking the death penalty against 24-year- old Levi King. King pleaded not guilty to the murders of Orlie McCool and Laura Dawn McCool. The couple was found shot to death at their rural Pineville home in September of last year. McDonald County Prosecutor Steve Geeding says he will seek the death penalty for king. A preliminary hearing for king is set for January 4th of next year. King is also accused of killing a family of four at their Texas home, just one day after the McDonald County murders. (source: KSN TV News)
[Deathpenalty] death penalty news----TEXAS, N.Y., PENN., ARIZ., MO.
Rick Halperin Wed, 27 Sep 2006 10:49:47 -0500 (Central Daylight Time)
