[Deathpenalty] death penalty news----worldwide

2017-08-13 Thread Rick Halperin






August 13




INDIA:

Supreme Court stays execution of man on death row



The Supreme Court has stayed the execution of a man sentenced to death in a 
case related to election rivalry in which 6 persons were murdered after 
panchayat polls in Uttar Pradesh in 2003.


A bench comprising Justices Dipak Misra, Amitava Roy and A M Khanwilkar 
admitted the appeal filed by convict Madan and called for the trial court's 
records of the case lodged in Muzaffarnagar district.


"Leave granted. Let the lower court's records be called for. There shall be a 
stay on the execution of the death sentence," it said.


Madan was awarded the capital punishment by the trial court in July 2015 and 
the sentence was confirmed by the Allahabad High Court in February this year.


The high court, while confirming his death sentence, had observed that he was 1 
of the main assailants in the crime in which 6 persons had died.


The high court had commuted to life term the death penalty awarded by the trial 
court to another convict in the case.


According to the prosecution, Madan, along with his associates, had fired at 
the family members and supporters of the successful candidates, who were 
elected as members of a village panchayat.


It had alleged that Madan and others were supporting the other candidate, who 
had lost the election, due to which he had a grudge against them.


The prosecution had said that on October 14, 2003, when the relatives and 
supporters of the successful candidates were going to the house of deputy 
pradhan of the village, Madan and his associates attacked them and in the 
firing 6 people had died.


During the trial, Madan and others had denied the allegations levelled against 
them and had claimed that they were falsely implicated in the case due to 
election rivalry.


In its judgement, the high court had held that Madan and his associates had 
indiscriminately fired upon the victims and considering the gravity of offence, 
it was covered under the category of the rarest of rare cases warranting death 
penalty.


(source: newindianexpress.com)








BANGLADESH:

HC defers N'ganj 7-murder verdict to Aug 22



The High Court has deferred its verdict on the Narayanganj 7-murder case until 
Aug 22.


Though the decision was to be announced on Aug 13, the bench of Justices 
Bhabani Prasad Singha and Mustafa Zaman Islam rescheduled it on Sunday.


"It has been delayed because the decision is not yet ready," said defence 
counsel Mansurul Haq Chowdhury.


On Jul 26, the High Court bench set the Aug 1 date for the verdict after 
hearing the death reference and appeals in the case. Death sentences issued by 
trial courts are forwarded for approval to the High Court as 'death 
references'.


7 murder case

The abduction and gruesome killing of seven people, including councillor Nazrul 
Islam and senior lawyer Chandan Kumar Sarkar from Narayanganj 3 years ago 
shocked the nation.


The news later made international headlines when it emerged that members of the 
elite police unit the Rapid Action Battalion or RAB, were involved in the 
killings.


Former Narayanganj City Corporation councillor Nur Hossain and 3 former senior 
officers of the local RAB unit, including its then chief, former army 
lieutenant colonel Tarek Sayeed Mohammad, are among the 26 people awarded the 
death penalty for the 2014 sensational 7-murder.


Tarek is also a son-in-law of Disaster Management and Relief Minister Mofazzal 
Hossain Chowdhury Maya.


On Saturday, the families of the victims told bdnews24.com that exemplary 
punishment should be confirmed for the convicts to stop such crimes happen 
again.


Nazrul Islam's wife Selina Islam Beauty told bdnews24.com: "The entire world is 
watching the verdict. We lost our loved ones. We want Nur Hossain, the 3 former 
RAB officers and all other convicts to be hanged."


"RAB is our protector, but it acted as the predator. They abducted and killed 7 
people, including my husband. It was not simply murder; 7 families are 
destroyed," she added.


She hoped the High Court would uphold the death penalties and those would be 
executed quickly.


16 of the death-row convicts were members of the elite force. 9 other RAB men 
were given various previous terms in the trial court verdict issued on Jan 16 
this year.


Nazrul's friend Moniruzzaman Swapan, driver Jahangir Alam, and lawyer Chandan's 
driver 'Ibrahim' were also among the 7 victims.


Jahangir's wife Shamsunnahar Nupur said, "We are in misery after losing the 
only bread earner of our family. My daughter has not seen her father. She only 
cries holding his photo."


Swapan's brother 'Ripon' demanded to hang of the convicts.

Ibrahim's father Abdul Wahab Mia said, "My daughter-in-law and my grandchildren 
are living a miserable life after the death of my son. We are poor people. We 
want the execution of death sentences of the murderers, nothing else."


On the afternoon of Apr 27, 2014, City Councillor Nazrul and 5 of his 

[Deathpenalty] death penalty news----TEXAS, FLA., ALA.

2017-08-13 Thread Rick Halperin





August 13




TEXASnew execution date

Judge sets death date for Montgomery County killer



Death row inmate Larry Swearingen, a Willis man who raped a 19-year-old coed 
before strangling her with panty hose nearly 2 decades ago, is now set to die 
on Nov. 16.


After 7 thwarted attempts, Montgomery County has finally succeeded in setting 
yet another execution date for its only death row convict, a Willis man who 
raped a 19-year-old coed before strangling her with panty hose nearly 2 decades 
ago.


Larry Swearingen, convicted of killing Montgomery College student Melissa 
Trotter in 1998 and dumping her body in the Sam Houston National Forest, is 
slated to meet his fate in Huntsville's death chamber on Nov. 16, a judge ruled 
late Wednesday.


"It still won't bring back Melissa," her mother, Sandy Trotter said in July.

"There are no winners in this because we still don't have Melissa."

Victim advocate Andy Kahan said it's been a "painstaking" wait for the Trotter 
family.


"Even when you finally believe that you're going to achieve justice, until it 
actually happens you're questioning whether the actual execution will take 
place or not," he said.


And in Swearingen's case, those questions are particularly well placed.

This is the state's 8th effort to get Swearingen's execution on the calendar. 
At least 4 times, similar requests yielded a death date, but every time the 
Court of Criminal Appeals stayed the execution.


But it is those repeated bids for testing that have become the hallmark of 
Swearingen's legal case. For years, his lawyers have insisted that crime scene 
DNA taken from evidence near Trotter's body could hold the keys to prove his 
innocence. But prosecutors - and higher courts - have deemed such testing 
unnecessary.


At least twice, a trial court judge sided with Swearingen's testing requests - 
but each time the state slapped down the lower court's grant, ruling that new 
DNA wouldn't be enough to counter the "mountain of evidence" pointing to 
Swearingen's guilt.


Swearingen and Trotter were seen in the college's library together on Dec. 8, 
1998 - the day of the teen's disappearance. Afterward, a biology teacher 
spotted Trotter leaving the school with a man. Hair and fiber evidence later 
showed that she'd been in Swearingen's car and home the day she vanished.


The killer's wife testified that she came home that evening to find the place 
in disarray - and in the middle of it all were Trotter's lighter and 
cigarettes. Swearingen later filed a false burglary report, claiming his home 
had been broken into while he was out of town.


That afternoon, Swearingen placed a call routed through a cell tower near FM 
1097 in Willis - a spot he would have passed while heading from his house to 
the Sam Houston National Forest where Trotter's decomposing body was found 25 
days later.


"A too trusting 19-year-old in the wrong place at the wrong time," Sandy 
Trotter said, recalling her daughter's death. "It's just every parent's 
nightmare."


Swearingen was convicted and sentenced to death in 2000. He went on to file 
what prosecutors described as "an abundance of habeas corpus applications, pro 
se motions, mandamus petitions, civil-right actions, and amended pleadings in 
both state and federal courts."


The state's Court of Criminal Appeals rejected all 7 of Swearingen's habeas 
appeals, and in July a federal district court slapped down a civil suit seeking 
to win the convicted killer more DNA testing.


Through it all, Swearingen maintained his innocence.

"The way I look at it, I'm a POW of Texas," the former electrician has told the 
media. "It's my army against their army."


Even though his bids for more testing ultimately didn't pan out, Swearingen's 
DNA complaints sparked charges in state law in 2015. That year, lawmakers 
expanded access to testing by removing the requirement that the accused prove 
biological material - like saliva, sweat or skin cells - exists before testing 
evidence for it.


But no amount of DNA evidence would be enough to exonerate the convicted 
killer, prosecutors say.


Visiting Judge J.D. Langley greenlit Wednesday's decision in the 9th state 
District Court after Judge Phil Grant recused himself from the case in June 
2016 given his prior involvement as a prosecutor during his time in the 
District Attorney's office.


"It appears there is no necessity for an evidentiary hearing related to any 
issue raised in either the motion or the response," Langley wrote.


"The court can find no reason to further delay the imposition of the sentence."

Even at this late date in legal saga, Montgomery County prosecutor Bill Delmore 
still anticipates pushback from Swearingen's attorneys.


"I would say I'm cautiously optimistic that if there's an execution date we 
might finally see the culmination of this case," he said. "But I fully expect 
the attorneys for Swearingen to request another stay and they've been very 
tenacious in the pa