Jan. 8
SOUTH DAKOTA:
Attorney general sets priorities for 2013 Legislature
Attorney General Marty Jackley intends to propose 5 bills to the state
legislature during the 2013 session.
The bills address penalties for juvenile murderers, privacy protections for the
makers of death penalty drugs, increased penalties for juvenile corrections
officers who engage in sex acts with minors, appeals for verdicts overturned by
a judge and the Attorney General's authority to investigate insurance fraud.
Juveniles charged with murder
The 1st would create a pre-sentence hearing for juveniles charged with murder.
Jackley says the new provision would bring the state into compliance with the
recent U.S. Supreme Court decision of Miller vs. Alabama, which outlawed
mandatory life sentences for juveniles.
Currently, South Dakota law dictates that the lowest penalty for anyone charged
with 1st- or 2nd-degree murder is a mandatory sentence of life in prison
without the possibility of parole.
The proposal would require prosecutors to request a pre-sentence hearing,
similar to the hearing required in death penalty cases, to determine if life
without the possibility of parole for a violent juvenile offenders is proper.
Dwight Ree was 17 when he participated in the Sioux Falls killing of Geu Ayuel.
He was charged with 1st- and 2nd-degree murder, but the Miller decision forced
prosecutors to offer a plea deal to manslaughter.
Ree was given a 25-year prison sentence late last month.
Execution drugs
The 2nd AG bill would add privacy protections for the manufacturers and
pharmacists who mix and sell the drugs used to execute prisoners in South
Dakota. Currently, it is a Class 2 misdemeanor for anyone to disclose
"protected information," which includes the names of DOC employees who are part
of the execution team. A class 2 misdemeanor is punishable by up to 30 days in
jail.
Jackley wants to expand the definition of "protected information" to include
the names of entities supplying lethal injection materials, and wants to make
disclosure a Class 1 misdemeanor, which is punishable by up to a year in jail.
Federal public defenders in Arkansas filed multiple appeals on behalf of
murderer Donald Moeller in the years and months leading up to his execution in
October, many of which demanded information on the origins and quality of the
drugs used in the process.
The appeals stopped at the request of Moeller, who told a federal judge he
didn't want to continue fighting his sentence.
(source: Argus Leader)
IDAHO:
Killer Joseph Duncan gets new hearing
Joseph Duncan was sentenced to death 3 times over for crimes against a
9-year-old North Idaho boy he killed in 2005, and he initially and repeatedly
said he had no interest in appealing his death sentence.
But Duncan is still alive, and he'll be back in an Idaho courtroom today. The
reason: His court-appointed lawyers filed an appeal for him, arguing that the
multiple murderer and child molester wasn't mentally competent to waive his
death-penalty appeals.
In addition to the 3 death sentences for the kidnapping, torture and murder of
9-year-old Dylan Groene, Duncan received 9 life sentences for his 2005 attack
on Dylan's family at their Wolf Lodge Bay home. Duncan killed Dylan's mother,
older brother and mother's fiance before kidnapping the family's 2 youngest
children. Only Dylan's then-8-year-old sister, Shasta, survived the ordeal.
The issue of the killer's mental competency already had been addressed in
Idaho's federal court, where U.S. District Judge Edward Lodge ruled him
competent after 2 extensive psychological evaluations. The evaluations were
ordered after Duncan decided to part ways with his public defenders and act as
his own attorney.
However, the judge never held a hearing on the competency question in open
court, allowing each side to cross-examine the other's witnesses; all the
experts' reports remained sealed. The 9th Circuit U.S. Court of Appeals ruled
that such a hearing was required, and it'll start today in Boise. Its focus:
Duncan's mental competency in November 2008, not today.
In December 2010, Duncan changed his mind, sending a 2-page, handwritten letter
to the court saying he wanted to appeal after all. But that's not at issue -
just his mental competency when he made the November 2008 decision against an
appeal. He took that position in repeated court statements, under questioning
from the judge, and in letters to the court.
Federal prosecutors say the legal question isn't whether Duncan has a mental
illness; it's whether his mental condition "substantially affected his capacity
to make a rational choice" not to appeal his death sentence.
"At the retrospective competency hearing, the United States will introduce
evidence showing the defendant's consistent capacity to appreciate his position
in legal proceedings over a long period of time," federal prosecutors wrote in
documents filed with the court.
They noted Duncan's long and detailed planning for his crime spree, in which he
went on a multistate hunt for children to attack. They noted that since the
Idaho sentencing trial was concluded, Duncan faced trial for another child
murder in Riverside County, Calif., and that there, an extensive mental
competency hearing was held in open court and Duncan was ruled competent. He
pleaded guilty and received a life sentence.
And they pointed out how, while acting as his own attorney in his sentencing
trial in Idaho, Duncan filed objections, cross-examined witnesses, made opening
and closing statements and otherwise participated in the court process. Among
those: He objected to the showing in court of a graphic video he had made of
himself hanging and sexually abusing Dylan at a remote cabin in Montana.
Duncan told the court then, "I would just like to state for the record, before
the jury comes in so that it won't be prejudicial, that I strongly object. And
I feel like basically this video will be turning the jurors into my victims so
that I will be tried not by a jury of peers, but a jury of victims."
Court documents also show that after his sentencing and before and after he
waived his appeals, Duncan consented to extensive, recorded jailhouse
interviews with 2 FBI agents, in which he declined to have an attorney present
and discussed, among other things, his reasons for waiving his right to appeal.
The recordings stretch for 24 hours, and are among the items that could be
considered as evidence in the competency hearing.
If the new hearing finds Duncan was competent when he waived his appeals, he'll
go back to federal death row in Terre Haute, Ind., to await execution. If he's
not found competent, that would raise questions about his competency to
represent himself in the 2008 sentencing trial as well, potentially forcing a
replay of that weekslong case.
(source: The Spokesman-Review)
OKLAHOMA:
Execution date sought for man convicted in Bixby woman's rape, murder
Oklahoma Attorney General Scott Pruitt has asked the state Court of Criminal
Appeals to set an execution date for a death-row inmate convicted of killing
people in 3 states.
Pruitt asked the court on Monday to set an execution date for Steven Ray
Thacker, hours after the U.S. Supreme rejected Thacker's appeal.
Thacker pleaded guilty in Oklahoma to 1st-degree murder and other charges in
the December 1999 stabbing death of 25-year-old Laci Dawn Hill of Bixby.
Thacker received the death penalty after a sentencing hearing.
Thacker was also sentenced to death in Tennessee for the January 2000 killing
of a tow truck driver and to life in prison in the January 2000 death of a
Missouri man.
Defense attorney Frank Bauman did not return a telephone call seeking comment.
(source: Associated Press)
SOUTH CAROLINA:
Former Death Row Inmate Gets Consecutive Life Sentences For Spartanburg Murders
A man who once sat on South Carolina's death row will now serve consecutive
life sentences for the murder of his ex-girlfriend and her daughter.
Andre Kevin Rosemond was sentenced Monday to 2 consecutive life terms by
Circuit Court Judge Derham Cole. The ruling comes almost 4 years after the
South Carolina Supreme Court ruled at a 2009 Post Conviction Relief hearing
that Rosemond's counsel should have told jurors about his alleged schizophrenia
during the sentencing phase of the trial. During his original trial, Rosemond
was given a mental evaluation and ruled competent.
After the State Supreme Court ruling, doctors ruled that Rosemond was not
competent to help with his defense in a 2nd death penalty trial. In late
December, a doctor also told the court that he did not think Rosemond would be
able to help in his defense any time in the near future.
Seventh Circuit Solicitor Barry Barnette said that Monday's sentencing means
that there will be closure for the family of the victims, and if parole ever
comes up the family and solicitor's office would be able to have their voice
heard.
Rosemond was convicted in 1996 of the murder of Christine Norton, 42, and her
10-year-old daughter, Autumn Norton, in June 1993 in Spartanburg County. Both
victims were shot in the head.
(source: WSPA News)
MONTANA:
Fate of Canadian on death row passed to new governor
Ronald Smith's fate is no longer in the hands of Montana Gov. Brian Schweitzer
who left office Monday without a decision on the inmate's clemency bid.
The outgoing governor of Montana was to make a final decision about whether
Smith, Canada's only inmate on death row, will be executed or have his sentence
commuted to life in prison.
In May, based on observations, evaluations and testimony during his hearing,
the Board of Pardons and Parole recommended to Schweitzer to reject his final
clemency bid.
American Civil Liberties Association lawyer Ron Waterman said he was informed
Monday morning by the Governor's office that Schweitzer was not going to take
any action.
In August, Waterman led a challenge to the lethal injection protocol in
Montana, and a month later, a judge declared the state's method
unconstitutional.
A hearing is scheduled for this July that should determine whether the state
will decide to amend the protocol, issue a new one, or go to the legislature to
try to fix the statute.
The final clemency decision will now lie with new governor Steve Bullock, who
took office Monday.
"So the 1st question that new governor will have is does he have a clemency
petition that has survived or will he have to go back to the board of pardons
and parole for another hearing?"
Smith has been on death row for more than 30 years.
He was sentenced to death in 1983 for marching cousins Harvey Mad Man Jr. and
Thomas Running Rabbit into a forest and shooting them in the heads a year
prior.
TIMELINE:
- Aug. 4, 1982: Harvey Mad Man, 23, and Thomas Running Rabbit, 20, marched into
forest and shot in the head.
- March 1983: Ronald Allen Smith, 26, convicted and sentenced to death.
- 1984: Smith, citing a desire to avoid causing his family more pain, appeals.
- 1997: Canadian officials request clemency for Smith.
- 2007: The Canadian government says it will no longer seek clemency - a
decision later overturned by a Canadian court.
- 2008: American Civil Liberties Union (ACLU) launches challenge against
Montana's lethal injection protocol.
- November 2010: An injunction delays Smith's date for execution being set
until ACLU legal challenge is heard. Judge John Larson overrules, setting
Smith's execution for Jan. 31, 2011.
- Dec. 14, 2010: Montana Supreme Court grants Smith indefinite reprieve,
pending outcome of civil case. Ruling expected in September 2012.
- Jan. 18, 2012: Lawyers for Smith officially request clemency on his behalf,
the final legal option the Canadian has.
- April 2, 2012: Report by Montana parole board employee ahead of May 2
clemency hearing says "there doesn't appear to be any compelling reasons that
are persuading enough to believe that a commutation is merited" and recommends
his request be denied.
- May 2, 2012: The victims' families, Smith's family and Smith himself offer
testimony at clemency hearing.
- May 21, 2012: Written report of parole board decision is released, which
states it will not recommend clemency for Smith - Smith's fate is now in the
hands of retiring Montana Gov. Brian Schweitzer.
- July 13, 2012: Family of Smith meet with Schweitzer, pleading with him to
commute his death sentence.
- Aug. 1, 2012: American Civil Liberties Association launches a challenge
against the death penalty in Montana, raising questions about executioner
expertise and efficiency of lethal drugs.
- Sept. 6, 2012: Montana Judge Jeffrey Sherlock declared the state's method of
injection unconstitutional.
- December 2012: A letter from Foreign Affairs Minister John Baird to
Schweitzer is penned requesting clemency for Smith on "humanitarian grounds."
- Jan. 7, 2013: Schweitzer steps down from office without making a decision
(source: Sun News Network)
****************************
Outgoing Montana governor declines to commute death sentence of Canadian Ronald
Smith
Montana's outgoing governor did not grant clemency to Canadian death row inmate
Ronald Smith during his final hours in office.
Smith, 55, had hoped that Brian Schweitzer, a Democrat who finished his 2nd
term Monday, would put an end to Smith's fight to avoid execution for the 1982
murders of 2 young Montana men.
The move doesn't mean that the former resident of Red Deer, Alta., will be
executed any time soon. The clemency application now becomes the responsibility
of new state governor Steve Bullock.
"I'm somewhat surprised and a little bit disappointed," Ron Waterman, a lawyer
for the American Civil Liberties Union, said.
"It's just sort of unfinished work. The petition now just shifts over to the
new governor to see whether or not he would be inclined to act on the
petition."
Waterman believes that Schweitzer may have had 2nd thoughts about dealing with
the clemency request because of an outstanding civil action involving the
liberties union.
Last September, Montana District Court Judge Jeffrey Sherlock put all
executions on hold by declaring the state's method of execution
unconstitutional, cruel and inhumane.
Sherlock indicated the state legislature needs to rejig statutes to bring the
execution protocol in line with Montana's constitution - something the Attorney
General's office is hoping to avoid. The state has persuaded Sherlock to hear
arguments that it be allowed to make changes to its execution procedures
without going to the legislature.
"I think the governor may have just simply looked at it and said, 'Why should I
do something that does not require my immediate action? Doing nothing could
pull this out another 4 or 5 years,'" said Waterman.
Smith's longtime lawyer, Don Vernay, said he was "sickened" that Schweitzer
decided to take the easy way out.
"He took the politician's way out," said Vernay, who practises law in
Albuequerue, N.M.
Vernay is particularly angry that Schweitzer's office contacted Smith???s legal
team 2 weeks ago asking for a letter from Smith guaranteeing that he would not
appeal his conviction. That led to the belief that clemency was going to be
granted.
Smith, 55, has been on death row since he admitted to shooting Thomas Mad Man
Jr. and Harvey Running Rabbit near East Glacier, Mont., in 1982. He originally
asked for the death penalty, but soon after changed his mind and has been
fighting for his life ever since.
He issued an emotional apology at his clemency hearing last May in which he
said he was "horrendously sorry" for his actions.
His apology fell on deaf ears. One by one, family members demanded that Smith
be executed.
But others have expressed support for Smith's request, including his daughter,
Carmen Blackburn, and Jessica Crawford, Running Rabbit's daughter and Mad Man's
cousin.
The Canadian government grudgingly sent a letter in December 2011 to the
Montana Board of Pardons and Paroles asking that clemency be granted. It
followed up last month with a letter to Schweitzer from Foreign Affairs
Minister John Baird.
That letter was almost identical to the 1st one and made it clear that the
Federal Court had ordered the government to support Smith's case for clemency.
"The government of Canada requests that you grant clemency to Mr. Smith on
humanitarian grounds," wrote Baird. "The government of Canada does not
sympathize with violent crime and this letter should not be construed as
reflecting a judgment on Mr. Smith's conduct."
(source: The Canadian Press)
COLORADO:
James Holmes Fired 33 Bullets Into the 12 People He Killed: His Only Fair
Punishment is Death
James Holmes is a cold blooded killer. A merciless psychopath, he viciously and
purposely took the lives of 12 innocent victims, and injured 58 others at a
midnight showing of The Dark Knight Rises in Aurora, Colorado on July 20, 2012.
Showing calculated premeditation, he purchased his ticket online on July 8, 12
days before the mass shooting. His calm, eerie demeanor following the crime,
his obvious planning, and his lack of any measurable remorse make him a perfect
candidate for the death penalty. When someone commits an act so heinous, the
death penalty is the only option and the only justifiable payment for such a
terrible act.
Holmes took what cannot be replaced, and on that infamous night in July, Holmes
strolled into theatre 9 wearing full body armor, like a soldier ready for
battle. When Aurora police arrived at the scene, they recovered 209 live AR-15
rounds and 15 live .40 caliber handgun rounds. More mind blowing than this is
the fact that he fired 33 bullets into each of the 12 people who died. Simple
mathematics show that this adds up to 396 bullets embedded in the bodies
recovered at the scene. This isn't counting other stray bullets or bullets
recovered from the wounded. He shot to kill with direct intent. This was no
haphazard killing spree, this was the design of a man who knew what he was
doing, carefully planned it out, and executed it without hesitation. James
Holmes brought death to a movie theater, and he should receive no less in
punishment.
Undoubtedly, James Holmes was a troubled man, with documented mental illness.
He had been seeing a university psychiatrist and actually tried to call the
psychiatrist moments before the shooting. A former neuroscience major at the
University of Colorado in Aurora, Holmes had dropped out of his university
program. He was obviously teetering on the brink of serious mental health
issues that most certainly contributed to his rampage. But this is not an
excuse for his actions.
One could easily argue that James Holmes is legally insane and not deserving of
the death penalty. However, other facts indicate that this was a man who knew
what he was doing. After committing the crime, he told police officers that his
apartment was "booby trapped" with explosives, enough to destroy his apartment
complex. This again shows planning and perverse motivation, regardless of his
mental state. Additionally, the detached demeanor officers encountered upon
making the arrest is no different than what Holmes has showcased in the
courtroom.
Colorado reinstated the death penalty in 1975. If there ever was a case where a
death penalty verdict should be used, this is it. Those who commit capital
murder often receive the death penalty, and Holmes is charged with 166 counts
of murder and attempted murder. You do the math.
For further confirmation, one needs only to look at the victims. His youngest
victim was only 6-years -old; her name was Veronica. Veronica's mother, Ashley
Moser, was pregnant at the time and shot in the belly. Ashley was severely
injured in the attack, but by the grace of God, her unborn child survived. All
told, 8 women and 3 men were massacred. One victim was an aspiring sports
reporter named Jessica Ghawi, aged 24, who survived a Toronto shooting 1 month
prior to this event. The bitter irony sends cold shivers down the spine. The
victims, though some silent in death, can speak through pictures, and the
living can speak through testimony. James Holmes was a man on a mission to
slaughter, and the only justice for the victims would be for him to pay with
his life. An eye for an eye, a tooth for a tooth.
(source: Janna Brock, Policy Mic)
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