April 7
TEXAS:
Executions under Greg Abbott, Jan. 21, 2015-present----19
Executions in Texas: Dec. 7, 1982----present-----537
Abbott#--------scheduled execution date-----name------------Tx. #
20---------June 2-------------------Charles Flores--------538
21---------June 21------------------Robert Roberson-------539
22---------July 14------------------Perry Williams--------540
23---------August 23----------------Robert Pruett---------541
24---------August 31----------------Rolando Ruiz----------542
25---------September 4-------------Robert Jennings-------543
26---------October 19---------------Terry Edwards---------544
(sources: TDCJ & Rick Halperin)
PENNSYLVANIA:
DA seeks to bar insanity defense in trooper ambush case----The latest of many
pretrial motions says Eric Frein's lawyers did not tell prosecutors about
insanity plan
Pike County District Attorney Ray Tonkin wants to bar attorneys for accused
trooper killer Eric Matthew Frein from presenting an insanity defense. Tonkin's
motion, filed April 1, states that under state law, a defendant who intends to
claim insanity or mental infirmity must advise prosecutors the claim will be
raised.
"If a defendant in a criminal case seeks to use a mental health defense, they
are required to file notice, and then the prosecution has an opportunity to
have the defendant examined by an expert," Tonkin said. "Without the proper
notice being filed, the prosecution is not able to have the defendant examined
by another expert."
The time frame for filing pretrial motions is 30 days, Tonkin said. In this
case, the defense received several extensions.
Frein's attorneys, William Ruzzo and Michael Weinstein, filed several pretrial
motions in February and March, but have yet to file notice of an insanity
defense. Ruzzo and Weinstein did not return a call for comment.
According to Tonkin's motion, any evidence of insanity or mental retardation
should be excluded because the 30-day time frame ended in February. Frein's
attorneys have yet to file notice of an intent to use an insanity defense.
Miranda violation alleged
Frein, 32, of Canadensis, is charged with killing Cpl. Bryon K. Dickson II of
Dunmore and seriously wounding Trooper Alex T. Douglass of Olyphant during an
ambush on Sept. 12, 2014, outside the Blooming Grove barracks. After a 48-day
manhunt that stretched across Pike and Monroe counties and involved hundreds of
local, state and federal officials, authorities captured Frein on Oct. 30,
2014.
Frein is charged with 1st-degree murder of a law-enforcement officer, criminal
attempt to commit 1st-degree murder of a law-enforcement officer, terrorism and
threatening to use weapons of mass destruction, among other charges. Frein
pleaded not guilty and is being held in the Pike County Correctional Facility
without bail. Tonkin is seeking the death penalty.
On March 15, attorneys Ruzzo and Weinstein filed a motion asking Judge Gregory
Chelak, who is presiding over the case, to move the trial out of Pike County or
bring in a jury from another county due to the extensive pretrial publicity in
the case. Frein's attorneys also filed motions on Feb. 17, asking the judge to
suppress statements Frein made to police following his arrest.
According to Frein's attorneys, police violated Frein's Miranda rights against
self-incrimination when they continued to question him after he refused to sign
a waiver of his rights and told officers he did not want to discuss "any
crime." This was after Frein informed police of where he had stashed some
rifles while on the run.
A motion challenging the constitutionality of the death penalty was also filed
by Frein's attorneys. Judge Chelak will take the defense and prosecution
motions under advisement and issue a ruling at a later date.
According to Tonkin, the hearing on the motions to suppress statements made by
Frein to police following his arrest and the constitutionality of the death
penalty is scheduled for April 19. The hearing on the change of venue/venire
motion is scheduled for June 3, Tonkin said.
Also, a May court date is expected, but according to Tonkin, that date is
likely to change.
(source: pikecountycourier.com)
GEORGIA:
New Play ABout Troy Davis Shows Both Sides----"Beyond Reasonable Doubt: The
Troy Davis Project" examines both sides of this controversial death penalty
case.
A new play opening Friday at Synchonicity Theatre provides an unusual take on
the Troy Davis death penalty case, which gained international attention in
2011.
"Beyond Reasonable Doubt: The Troy Davis Project" presents directly conflicting
opinions of the case equally. One act points to his guilt, while the other act
points to his innocence.
"A lot of times, audience members are told what to believe, and I think that's
a very easy position to take," said playwright Lee Nowell. "But I think
audience members are smart enough to make their own decisions."
"Why not take a position as the playwright?" asked 11Alive's Jennifer Leslie.
"What I was interested in was the polarizing aspect of the case and the fact
that everyone took a side," Nowell added.
Nowell admits she became obsessed with the Davis case as defense attorneys and
protestors tried to stop his execution 5 years ago.
Davis was convicted and sentenced to death for killing Savannah Police Officer
Mark MacPhail in 1989.
The play is not a biography. Troy Davis is not a character. But it's based on
facts.
"Nothing in the play has been invented," Nowell added. "Other than the
fictional characters through whom the story plays out, nothing has been
invented, changed, spun. Nothing."
She approached this play like a journalist, going through 2,000 pages of trail
testimony and witness recantations.
She also interviewed many of those directly involved in the case.
To keep the play balanced, Nowell insisted on something unusual. Acts 1 and 2
alternate order each night.
"The only way I could come up with it being a complete balance is to tell it in
a different order every night, because the order in which you receive
information really determines what you believe about something," Nowell said.
Another unusual twist is that every performance will be followed by a
discussion with the audience.
The play runs from Friday through May 1.
(source: WXIZ news)
FLORIDA:
Death penalty defendant complains to judge about 'long' case
Testimony in the death penalty trial of Vahtiece Kirkman ground to a halt today
as prosecutors struggled with 1 witness on the stand and worked to locate
another needed for testimony.
That 2nd witness - who later said he was afraid for his life - was later
located and brought into the courtroom in chains as a judge ordered him held in
custody overnight until his testimony was delivered to jurors.
Prosecutors are seeking the death penalty for Kirkman in connection to the 2006
disappearance and death of 22-year-old Darice Knowles, a Bahamian national
visiting friends in Cocoa.
Testimony began Tuesday with jurors hearing testimony from DNA experts who
identified Knowle's remains.
Knowles, whose parents were also present for the trial, was buried alive in
concrete. In 2010, her skeletal remains were encased in dirt and concrete in a
heavily-wooded area of State Road 524 in Cocoa.
And in another bizarre twist, Kirkman, 37, stood at the defense table and gave
a rambling statement about the length of time it's taken prosecutors to bring
the case to trial.
"You know it's been a long two weeks," Kirkman told Circuit Court Judge Jeffrey
Mahl, after the jury had been dismissed for the day. "(The state) done had ten
years...my family, my grandmother is 80 years old, she can't take much
more...everybody is ready."
Kirkman also complained that he had a hernia, was on medication for his broken
arm and was in "a lot of pain."
Mahl, who issued a writ for authorities to bring in the missing witness, gave a
Kirkman a terse response.
"Bottom line, we'll go forward," Mahl said. Earlier in the week, Kirkman told
the judge that he believed his defense attorney, Frank J. Bankowitz, was
sleeping at his side during testimony. Bankowitz denied the claim, which
brought another delay in the case, saying instead that he had hung his head
down because he had 'a splitting headache.'
The distractions, however, weren't enough to keep prosecutors from presenting
much of their case to jurors. Investigators said Kirkman plotted to kill
Knowles after learning she went out on a date with a Cocoa police officer.
He was afraid the former beauty contestant would tell the officer about his
role in another 2006 homicide. Prosecutors said he then kidnapped and buried
Knowles alive, in concrete, with help from her boyfriend, Christopher Pratt.
Later, jurors were sent home for the day as prosecutors worked to find a
witness named Pete Ewer. By 2 p.m., courtroom deputies led a shacked Ewer, a
concrete worker from the Rockledge area, into the courtroom. When asked why he
failed to turn up for testimony, Ewer raised concern about his safety.
"I have family back home. He got family back home. We got family in Cocoa.
There's nobody to protect me," Ewer told the judge. "I'm scared for my life. I
don't know who might be behind the bush."
Mahl ordered Ewer held until Friday when he is expected to testify. "You're
necessary for this trial," Mahl told Ewer. Assistant State Attorney Respess
wouldn't speak directly on Kirkman's rants or the state's difficulties with its
witnesses but said the case has taken four years to get to court for several
reasons.
"He was indicted in 2012 when we got genetic confirmation it was the victim.
He's also had 2 attorneys. That's basically it," he said.
Respess said the state plans to rest its case tomorrow.
The trial will last into next week. Jurors will then decide whether to
recommend the death penalty or life in prison for Kirkman.
(source: Florida Today)
*****************
Brevard death penalty trial grinds to a halt
The death penalty trial of Vahtiece Kirkman ground to a halt today as
prosecutors struggled with one witness on the stand and worked to locate
another needed for testimony.
Prosecutors are seeking the death penalty for Kirkman in connection to the 2006
disappearance and death of 22-year-old Darice Knowles, a Bahamian national
visiting friends in Cocoa. Testimony began Tuesday.
Kirkman, 37, also stood and made a rambling statement about the time it's taken
to bring the case to court.
"You know it's been a long two weeks," he told Circuit Court Judge Jeffrey Mahl
after the jury had been dismissed for the day. "(The state) done had ten
years...my family, my grandmother is 80 years old, she can't take much
more...everybody is ready."
He also complained that he had a hernia and was in "a lot of pain."
Mahl, who is allowing prosecutors time to find the missing witness, gave a
Kirkman a terse response after his 1st statement.
"Bottom line, we'll go forward," Mahl said.
Investigators said Kirkman plotted to kill Knowles after learning she went out
on a date with a Cocoa police officer.
He was afraid the former beauty contestant would tell the officer about his
role in another 2006 homicide. Prosecutors said he then kidnapped and buried
Knowles alive, in concrete, with help from her boyfriend, Christopher Pratt.
Earlier this week, Kirkman also accused his defense attorney of sleeping on the
job, prompting the judge to take a statement on the stand from the attorney.
Assistant State Attorney Respess wouldn't speak directly on Kirkman's rants but
said the case has taken 4 years to get to court for several reasons.
"He was indicted in 2012 when we got genetic confirmation it was the victim.
He's also had 2 attorneys. That's basically it," he said.
Respess said the state plans to rest its case tomorrow.
The trial will last into next week. Jurors will then decide whether to
recommend the death penalty or life in prison for Kirkman.
(source: Florida Today)
ALABAMA:
Alabama senators have voted to establish an innocence commission to review some
capital convictions
Senators on Thursday voted 20-6 for the bill, sending it to the House of
Representatives. Under the narrowly tailored-bill, the panel would review new
evidence in death row cases that hadn't previously been heard by a court.
Republican Sen. Dick Brewbaker, the bill's sponsor, said he supports the death
penalty, but the state should make sure people are guilty.
The legislation was inspired by the case of a death row inmate Bill Kuenzel who
was convicted of the 1987 murder of a Sylacauga convenience store clerk.
Kuenzel's lawyers say they have new evidence that creates doubts about his
guilt, but have been unable to raise it in court because of a missed deadline.
(source: Associated Press)
MISSISSIPPI:
Witnessing an execution proves to be wrenching
Now that we've strapped pistols on ushers in churches, it???s only natural that
we talk about firing squads to take care of business at Parchman???s death row.
Gov. Phil Bryant says he's all for it if lawmakers put the question on his
desk. As the 2016 legislative session moved closer to its end the boom-boom
option was still in play in the meat grinder up at our state Capitol.
A few details need to be worked out. For instance, is this going to be a
circular firing squad? Certainly, we've seen a bunch of Republican presidential
hopefuls practicing that art on each other.
Should the execution scheme - stuck as an amendment into a sorta'
well-intentioned Senate bill as it sailed through the House - be written into
Mississippi law?
Of course, the National Rifle Association, revered here in the Magnolia state,
would have to be consulted on what type of ammunition, how many shooters and
what type of guns and ammunition are needed.
In its long history of imposing the death penalty. Mississippi has used
hangings, the electric chair and a gas chamber to do the job. I personally
watched close up the last electric chair execution, in the early 1950s, before
the gas chamber made its initial appearance in 1955.
I saw both methods implemented.
The electric chair was a wood framed contraption right out of the Middle Ages
with electric wires dangling from it. To put a convicted felon to death, the
chair (with its electric generator) was transported to the courthouse where the
prospective occupant was tried and convicted, then set up in front of the
judge's bench. Seats in the courtroom were filled with both family of the
victim and the sheriff's invited guests. The state executioner threw the
electric switch to send death-dealing current through the victim's body. Yes,
the odor of burning flesh was easily detectable in the courtroom.
For years, many legislators realized a more humane execution had to be found.
Finally in a 1954 special session a bill putting a gas chamber at Parchman was
passed. I was one of the handful of reporters invited to see the chamber first
used in the fall of 1955 to kill a really hardened white criminal, Gerald
Gallego, a former Californian convicted of shooting an Ocean Springs constable
in the head as the officer knelt and pleaded for his life.
A batch of cyanide tablets were to be released by the executioner down a small
chute into a pot of acid. The 1st fumes rising from the acid to the prisoner's
nose, we were told, would deaden Gallego's senses and within 10 minutes he
would be dead. Trouble is, the man's head kept going back and forth, pounding
into a metal pipe.
Chaos reigned for at least 15 minutes until it was found that only a few of the
cyanide pellets had been released, Another pull on the lever and down the
pellets came. In 15 minutes Gallego was dead. Watching this whole scene play
out as I looked through the thick glass not more than 8 feet from the man's
bobbing head instantly cured me of witnessing anymore executions, even if they
were part of my job.
(source: djournal.com; Syndicated columnist BILL MINOR has covered Mississippi
politics since 1947)
LOUISIANA:
Bill to guarantee public defender funding advances in House
A Thursday debate on public defender funding had one lawmaker questioning the
cost of Louisiana's death penalty.
Winnsboro Rep. Steve Pylant, a Republican, says he's not sure it justifies the
$10 million that capital defense services receive annually.
He spoke during discussion about a proposal to reconfigure the state Public
Defender Board and specifically allocate 65 % of its annual budget to local
public defenders. The House criminal justice committee voted 10-2 to send the
proposal to the House for debate.
Supporters of the redesign call the capital program too costly. Opponents say
the mandated percentage would take away from important work instead of fixing
Louisiana's underfunded criminal defense system.
Albany Rep. Sherman Mack, a Republican, calls his bill "a work in progress."
House Bill 818: www.legis.la.gov
(source: Associated Press)
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