July 18 TEXAS: Judge delays ruling on DNA tests in 1983 slayings near Sherman After a contentious 90-minute hearing, a state district judge on Thursday delayed ruling on whether possible evidence in a 1983 quadruple slaying should be submitted for further DNA analysis. Lawyers for death row inmate Lester Leroy Bower Jr. argued that DNA tests could bolster Bower's claim that he did not kill Bob Tate, Philip Good, Jerry Mack Brown and Ronald Mayes, whose bodies were found in an airplane hangar just east of Sherman. Bower, an Arlington chemical salesman and family man, was arrested 3 months after the bodies were found. Investigators found pieces of an ultralight aircraft missing from the hangar in Bowers home. He was convicted of capital murder in 1984. On Thursday, a Grayson County prosecutor told Judge Jim Fallon that DNA tests would be academic because of the significant circumstantial evidence introduced against Bower in his trial. Bowers execution had been set for July 22, but Fallon postponed it so he could consider the defense motion for testing. In recent court filings, Bower's lawyers say 2 new witnesses have come forward to implicate 4 other men in the slayings. Bower's lawyers say that much of the witnesses' testimony has been corroborated by their own investigation. If the DNA is determined to belong to another suspect, "don't you think that would be important at trial?" Fallon asked prosecutor Karla Hackett. The tests "might have made a difference if [Bower] didn't have the stolen aircraft in his home and hadn't lied to the FBI over and over," Hackett replied. At the end of the 90-minute hearing in a crowded courtroom, Fallon allowed prosecutors and defense attorneys two more weeks to file motions on the issue. Bower's wife, 2 adult daughters and several supporters sat on one side of the courtroom, across the aisle from relatives and friends of the victims. "I'm sympathetic to the victims families for the need for closure," Fallon said. "It's been dragging on one way or another for 24 years. It's ridiculous." (source: Fort Worth Star-Telegram) PENNSYLVANIA: Police testify Chambersburg man admitted killing Street A Chambersburg man charged with criminal homicide in the February shooting death of another man admitted to the killing after he was apprehended, according to preliminary hearing testimony Thursday. 2 witnesses also testified they heard a sound like shots being fired, with one stating he saw Juwan Johnson standing outside the vehicle and the body of 24-year-old Gregory Street inside. Johnson, 24, also known as Juan R. Johnson, of no fixed address, is also charged with robbery and theft in the incident in the 300 block of East Washington Street on the afternoon of Feb. 1. Magisterial District Judge Gary Carter ordered Johnson bound over on all charges and set his mandatory arraignment for Aug. 27. "I heard a 'pop, pop, pop.' At the time, I didn't realize what it was," testified Shelby Flythe, Street's girlfriend. Flythe testified she parked outside her house and went in to use the bathroom when she heard the noises. Donnelle Hill, who lives across the street from Flythe, testified he walked past Flythe's 2004 Ford Excursion and saw Street in the front passenger seat and a man sitting behind him. Hill testified he was inside when "I heard 3 loud pops," looked outside, saw a man he recognized as Johnson standing next to the vehicle and Street slumped over the front seat. "It looked like there was a hole in his head and smoke coming from it," Hill testified. He also testified he saw blood. Johnson looked at him and said "What?" Hill testified. Earlier, Flythe testified she was coming downstairs, heard a door slam and smelled marijuana smoke. Her 4 children and another relative told her Johnson had been in the house, she testified. Flythe testified she and Street had picked up Johnson at a bar because he supposedly knew how to track down a relative of her former eye doctor to get a prescription. The 3 drove to a bar, a mobile home park, a house and a store where Street met with people, she testified. At the store, where Street bought cigars, he spoke with a woman who wanted marijuana, Flythe testified. Street asked Johnson if he had any "trees" and then Johnson spoke with the woman, Flythe testified. Defense attorney Greg Ablen asked Flythe if Street sold drugs and what was the purpose of all the brief stops. "I don't know," she answered to both questions. "They went to all these places and didn't tell you anything?" Ablen asked. When she parked outside her house, Flythe testified Street had followed her inside, leaving Johnson in the vehicle. After she heard the popping noises, she testified it was about 2 minutes before she went outside, saw Johnson speeding away and called 911. Street's body was found the next morning in Harrisburg, Chambersburg Police Department Detective Jon Greenawalt testified. Johnson remained at large until March 6 when he was picked up in Philadelphia, he testified. He and Detective Scott Mummert got Johnson the same day, drove back to Chambersburg and conducted a videotaped interview at headquarters, Greenawalt testified. "He admitted to killing the victim" using Street's revolver, Greenawalt testified. Johnson also said he stole money from Street, he testified. The gun has not been found, although one recovered in Harrisburg is undergoing testing, Greenawalt testified. Johnson told police he sold the gun in Philadelphia, he testified. Assistant District Attorney Chris Schellhorn said no determination has been made as to whether the prosecution will seek the death penalty. (source: The Herald-Mail) OHIO: Akron man indicted for aggravated murder of infant son, faces death penalty An Akron man faces the death penalty following the death of his 11-week-old son. John V. Ross II, 28, was indicted by a grand jury Thursday on charges of Aggravated Murder with a death penalty specification for the purposeful killing of a child, Murder, Felonious Assault, 2 felony counts of Endangering Children and 6 misdemeanor counts of Endangering Children. Akron police responded to a call July7 from a Newton residence regarding an infant who was not breathing. Ross' 11-week-old son was pronounced dead at the scene. 6 other children were in the home and were removed their protection. Officers noted deplorable conditions in the home. Ross will be arraigned July 23 before Magistrate Shoemaker. If convicted, Ross could receive the death penalty. (source: WKYC) CALIFORNIA: Laci Peterson's mom outraged over former son-in-law's blog Laci Peterson's mother: Scott Peterson should not have right to blog in prison Scott Peterson was convicted of deaths of Laci, their unborn child Sharon Rocha doesn't spend a lot of time thinking about Scott, thinks about Laci Scott Peterson was convicted November 12, 2004, for the deaths of his wife, Laci Peterson, and their unborn child. He may be locked up in San Quentin State Prison and facing the death penalty, but he is not cut off from the outside world. Peterson has a personal Web site that includes photos of him and Laci. It also links to his family's Web site and that Web site includes a blog message from Scott discussing what he calls his "wrongful conviction." Shaon Rocha, Laci Peterson's mother, appeared on CNN's "Larry King Live" Thursday to talk about his Web site and what she thinks of her former son-in-law. Some highlights: Larry King: What do you make of all this? Sharon Rocha: Well. First of all, I think I could say that being on death row is supposed to eliminate a lot of rights and privileges of the inmates. In the whole scope of things, this is a very minute matter, but it isn't right that they should have access to the Internet, either direct access or through somebody else. King: How and when did you first find out about Scott having this Web page? Rocha: Just a couple of days ago. A friend of mine had told me about it. King: Have you seen the page? Rocha: I have. And I understand it's the family blog, which, you know, they're entitled to have that. But I still feel that it's not right that Scott has the ability to speak on the Internet through his family or friends or whomever. King: So you think a family blog is OK? Rocha: Everybody's entitled, you know, to their opinion, and I see nothing wrong with having a family blog. King: He has only 2 blog entries on his personal page. One says he's encouraged by the mail he receives and he enjoys hearing from people. His prison mail address is also posted. What do you think of that? Rocha: Well, I think that is public knowledge. There are different Web sites that you can go to get that prison. But as far as being encouraged from other people, I'm sure he is. But the point is I don't think he should be able to access the Internet, either directly or through anybody else. King: Do you have any qualms about people writing to him? Does it bother you at all? Rocha: No, it doesn't bother me. To be perfectly honest with you, Larry, I really don't spend a lot of time thinking about Scott. I think about Laci all of the time, but I don't give a lot of thought to Scott. King: In his first blog posting, Scott writes, "some people have done things to profit off my wife and son having been taken from me and murdered." How do you react to a statement like that? Rocha: Well, that's true. There have been a lot of people who have profited from that. But I don't feel that he should be one of those because he's responsible for Laci not being here. I know many inmates are claiming that it violates their rights, their right to freedom of speech not to be able to have communication with, through the Internet or what have you. But they are there for a reason and that reason is that they took the right of their victims. They took their freedom of speech away from them and literally slammed the lid on their opportunity to ever speak again. King: Have you complained to the prison or anybody in authority about all of this? Rocha: No, I haven't. It's not something that I've even thought about. I read an article in "The (Los Angeles) Times" about victims in other states who attempted to have legislation passed only to have it ruled as unconstitutional by a judge. So I don't know if there's really anything that can be done about it. King: So you have no recourse, in a sense. Rocha: At this time, it seems to be that way, unless there's some new legislation that can actually be passed and not ruled unconstitutional. King: Frankly, Sharon, you don't seem outraged. Rocha: Well, it is outrageous for this to even be happening. I just feel that, you know, it just does a great injustice to the victims and their families. They can no longer speak for themselves. And being on death row is supposed to eliminate an inmate's privileges. And this just flies in the face of justice, as far as I'm concerned, that OK, so they said they can't use the Internet, they go around it and they use it in another way. It is outrageous. I am outraged. (source: CNN) ***************** Death penalty decision delayed in Roseville murder ---- Suspect's family speaks The decision as to whether or not a 25-year-old woman will face the death penalty was delayed again Thursday morning. Stephanie Erends is charged with a single felony count of murder for the March death of 24-year-old Alicia Ernst, whose body was found in Roseville. Prosecutor Garen Horst filed a second amended felony complaint in April alleging a special circumstance of lying in wait. The complaint means Erends could face the death penalty. Horst and defense attorney John Spurling both told Judge Richard Couzens Thursday that they needed more time to conduct their investigations before the prosecution would announce whether it would seek the death penalty. Couzens set another status conference for August but said it was realistic to expect a decision by that time. Alicia's Ernst's mother, who was sitting in the front row holding a framed picture of Ernst, nodded several times and said "yes" after Couzens' remarks. Other family members or friends of Ernst were also in the courtroom. Supporters for Erends attended the Auburn court hearing too. "Our deepest sympathy goes out to Alicias family and Stephanie as well," said James Erends, Stephanie Erends father. Ernst worked alongside her mother as a nurse's aide at Siena Care in Auburn for nearly 2 years. A Department of Public Works employee found her body in rural Roseville alongside Walerga Road near Old Walerga Road on March 10. Authorities reported that she was killed in the early morning of March 8. Erends is charged with using a sharp-edged utility tool to murder Ernst. Erends has a prior felony conviction for possession of a controlled substance. The 2 reportedly knew one another. Erends will appear again in Placer County Superior Court at 8:30 a.m. Aug. 14 in Dept. 13. (source: Roseville Press Tribune) FLORIDA: Victim's relative: Defendant in boat shootings to plead guilty Victim's relative says plea deal is in exchange for dropping the death penalty Kirby Archer, Guillermo Zarabozo accused of killing crew of Joe Cool None of the victims' bodies has been found Documents: Change of plea hearing scheduled for Thursday 1 of 2 men charged with killing the crew of the Joe Cool charter fishing boat last year has agreed to plead guilty to first-degree murder, a victim's relative said. Kirby Archer is expected to plead guilty in exchange for prosecutors dropping the death penalty. Kirby Archer is expected to change his plea to guilty in exchange for a prosecutors' agreement not to seek the death penalty against him, according to Jeff Branam, an uncle of slain boat captain Jake Branam. He said prosecutors told the victims' relatives about the plea deal. The U.S. Attorney's Office in Miami, Florida, declined to comment. Court documents filed Friday show that Archer is scheduled to change his plea at a hearing Thursday. Archer and Guillermo Zarabozo are charged with four counts each of first-degree murder, kidnapping and robbery in the deaths of Branam; his wife, Kelly; his half-brother Scott Gamble; and first mate Samuel Kairy. None of the victims' bodies has been found, and authorities have said it is unlikely they will be. The abandoned Joe Cool was found by the U.S. Coast Guard on September 23, floating about 60 miles south of the island of Bimini. Zarabozo and Archer were found a few hours later, about 10 miles away on a life raft. The two had paid the Joe Cool crew $4,000 in cash to take them to the Bahamas from Miami, where they said they were planning to meet some girlfriends. The trip should have taken about an hour each way. The boat did not return. Zarabozo told authorities the boat had been hijacked by pirates who fatally shot Jake and Kelly Branam and ordered the crew thrown overboard but spared the 2 of them. This spring, Zarabozo said in court documents that Archer killed the crew, using Zarabozo's gun. No gun was found. Police believe that the bodies of the crew were pitched overboard between Miami and Cuba. Jeff Branam said the victims' relatives met with prosecutors a few days ago. "They said he was going to plead guilty," he said of Archer. "I would have liked to have seen him get the death penalty, but if he's going to be in prison for the rest of his life with no chance of getting out, that'll work." CNN was unable to reach Archer's defense attorney. Jeff Branam said the government's case against the 2 appears strong but said he's glad a jury won't decide Archer's fate. "I think they have a lot of circumstantial evidence," he said. "If you have just one person on a jury who might feel there were pirates, they might not [convict]," he said. "Without bodies, it could be an uphill battle." Archer, 36, was once an Army MP who served at the U.S. Naval Base at Guantanamo Bay, Cuba. Investigators and victims' family members say they were told he wanted to go back to Cuba. Archer befriended Zarabozo, 20, who left Cuba with his family. Last year, Archer fled to Florida after he was accused of stealing $92,000 from an Arkansas Wal-Mart where he was working. Zarabozo's lawyer, William Matthewman, had little to say about Archer's pending plea. "All I can say is, Mr. Zarabozo pled not guilty. He maintains his not guilty plea, and he plans to proceed to trial." No trial date has been set. Jake and Kelly Branam are survived by their children: a girl who was 2 at the time of their deaths and a boy who was 4 months old. A court has awarded custody of the children to Kelly Branam's stepsister, according to relatives. (source: CNN)
[Deathpenalty] death penalty news----TEXAS, PENN., OHIO, CALIF., FLA.
Rick Halperin Fri, 18 Jul 2008 17:28:28 -0500 (Central Daylight Time)
