[Deathpenalty] death penalty news----TEXAS, ALA., LA., OHIO
August 15 TEXASstay of impending execution Federal court stops execution of Dexter Johnson within 24 hours of his scheduled deathIn his recent appeals, Johnson has claimed he is intellectually disabled and therefore ineligible for the death penalty. He was convicted of a double murder in Harris County that took place in 2006. A federal appellate court halted the execution of Texas inmate Dexter Johnson on Wednesday evening, less than 24 hours before he was set to die. The court stayed his execution and sent the case back to the district court to look into newly raised claims of intellectual disability. Johnson, 31, was sentenced to death for his role in a double murder in 2006 days after he turned 18. Johnson and 4 other teens carjacked and robbed Maria Aparece, 23, and Huy Ngo, 17, while they sat in her car outside Ngo's house. According to court records, Johnson and the others took the young couple to a secluded area where Johnson raped Aparece before he and another teen shot them both, killing them. The murders were part of what Harris County prosecutors have described as a 25-day crime spree by Johnson and others that also included 3 other slayings. Johnson has been on death row since his conviction in 2007. In recent appeals, Johnson has argued that he is intellectually disabled and therefore ineligible for the death penalty under U.S. Supreme Court precedent. Intellectual disability has become a main focus of Texas death penalty law after years of back and forth between the U.S. Supreme Court and the Texas Court of Criminal Appeals in the case of Bobby Moore. Ultimately, the high court invalidated Texas’ method of determining the disability, and then, after the state court still ruled Moore was not intellectually disabled, overruled that decision in February and said he has shown that he is. Johnson had already argued he was intellectually disabled in an April appeal rejected by the Texas Court of Criminal Appeals, shortly before a May execution date that a federal judge later postponed in an unrelated filing. But a new attorney raised a similar claim this month in both state and federal court, mentioning recent IQ and neuropsychological tests that put Johnson's IQ below the threshold of intellectual disability. The attorney also noted severe limitations in language skills and a “pronounced stutter.” His attorney argued that the disability could be raised under new evidence because medical standards on intellectual disability have changed since his trial. The state court again dismissed Johnson’s appeal Tuesday, but the federal appellate court issued a stay of execution Wednesday evening. He was set to be executed after 6 p.m. Thursday. In deciding to stop the execution, the U.S. 5th Circuit Court of Appeals listed numerous deficits Johnson had, such as struggling to articulate words and not being able to follow bus directions or manage money. The judges also noted that an expert witness at trial who claimed Johnson was not intellectually disabled said he would no longer testify to that. But the stay of execution doesn't state that Johnson is ineligible for the death penalty. The case goes back to the district court, which will look further into the appeal. Harris County, which argued for the Court of Criminal Appeals to lessen Moore’s sentence, fought against Johnson’s claim of intellectual disability in recent filings. Prosecutors said that at trial, Johnson raised not the issue of intellectual disability, but of low intellectual functioning caused by traumatic brain injury or mental illness, according to their filing. They also cited slightly higher IQ scores from the time of his trial and stated Johnson is "a man deserving of the ultimate punishment." Johnson was set to be the 4th execution in Texas this year. A dozen more are scheduled through December. (source: Texas Tribune) ** Executions under Greg Abbott, Jan. 21, 2015-present43 Executions in Texas: Dec. 7, 1982present-561 Abbott#scheduled execution date-nameTx. # 44-Aug. 21Larry Swearingen562 45-Sept. 4Billy Crutsinger563 46-Sept. 10---Mark Anthony Soliz--564 47-Sept. 25---Robert Sparks---565 48-Oct. 2-Stephen Barbee--566 49-oct. 10Randy Halprin---567 50-Oct. 16Randall Mays568 51-Oct. 30Ruben Gutierrez-569 52-Nov. 6-Justen Hall-570 53-Nov. 20Rodney Reed-571 54-Dec. 11---Travis Runnels---572 (sources: TDCJ & Rick Halperin) ** Death penalty sought in Oklahoma double murder case Prosecutors in Texas say
[Deathpenalty] death penalty news----TEXAS, ALA., LA., OHIO, KY., CALIF., USA
August 8 TEXAS: 2-year moratorium on death penalty proposedKoch suggests plant ot study financial, social moral costs of sentence A Dallas County commissioner raised the idea of putting a 2-year local moratorium on the use of the death penalty to give the county time to study the financial, social and moral costs of the punishment. Commissioner J.J. Koch proposed at Tuesday's meeting that Dallas County could save money by avoiding expensive death penalty trials, suggesting those funds be directed toward prosecuting human trafficking crimes. The issue could be revisited after 2 years, he said. But such a decision would ultimately be up to the district attorney in Dallas County, John Creuzot, who said he supports the discussion but stopped short of saying he was on board with the commissioner's plan. "I'm in support of discussing the issue, and I commend [Koch] for having the courage to bring it up and start the discussion," Creuzot said. "I can't commit myslef to that because I don't know what's around the corner." Koch's proposal comes on the heels of Dallas County prosecutors' decision to seek the death penalty against serial murder suspect Billy Chemirmir, who is accused of smothering more than a dozen elderly women at senior living complexes around North Texas. In Texas, capital murder carries an automatic sentence of life in prison without parole. Prosecutors can also seek the death penalty for crimes they determine are especially heinous. Koch said he understands why prosecutors would seek the death penalty in a case like Chemirmir's, but if a death penalty moratorium were imposed, he would want to see a "hard moratorium." "So that way, if Chemirmir were to pop up a year from now, and we'd made this decision, we wouldn't be seeking the death penalty," he said. Creuzot said he supports the death penalty in cases where evidence shows a person would be a "continuing threat in the penal society," he said. Death penalty cases are expensive - even long after a trial and conviction. Creuzot said his office is still involved in a 32-year-old case: the killing of Fred Finch and his wife, Mildred, by Kenneth Thomas. Thomas has bee sentenced to death twice - in 1987 and 2014 - and Texas' highest criminal court has ordered another sentencing hearing for Thomas so a jury can decide whether he is intellectually disabled. A date for that hearing has not been set, according to Dallas County court records. If the goal of a death sentence is to create public safety, Creuzot said, a sentence of life in prison without parole can do the same with a much lower cost. "It's becoming more and more difficult to sustain a death penalty conviction in the United States," Creuzot said. Shannon Edmonds, staff attorney with the Texas District and County Attorneys Association, said he hadn't heard of a county government proposing a local moratorium. "The answer is not unique to the death penalty," he said. "A Commissioners court does not have an ability to issue a moratorium on sexual assault prosecutions of life sentences - that's just not their job." In Texas, the governor can't impose a statewide moratorium on the death penalty, Edmonds said. That's not the case in other states, such as California, where Gov. Gavin Newsom announced a moratorium on the death penalty in March. Dallas County Judge Clay Jenkins said it if were possible, he's support a statewide moratorium on the death penalty to study the moral and financial questions of whether the punishment shoud be used. Jenkins said he would support the district attorney putting a stop to the county's use of the death penalty, but the decision would need to be left up to the DA. Commissioners John Wiley Price and Elba Garcia voiced support for Koch's idea. Commissioner Theresa Daniel said she was looking forward to discussions about the topic and said it was important to include the DA's office and judges in those conversations. Koch said the county wouldn't try to force Creuzot's hand on the issue. He said the county commissioners coud pass a resolution supporting a moratorium, and they have final say over the budget for the DA's office. "We can't do anything unilaterally," he said. "It's his department." He suggested that the county use money saved from pursuing death penalty cases to prosecute human trafficking cases. Creuzot said there are other areas of need in the DA's office, pointing to grant for lawyers who handle child abuse cases that's about to run out. He said his budget requests to fund their positions after the grant have been denied. (source: Dallas Morning News) * Lawyer says will try to prevent death penalty A court-appointed lawyer for the man accused of shooting dozens of people in El Paso says he will do everything he can to ensure his client is not executed. 21-year-old Patrick Crusius has been charged with capital murder
[Deathpenalty] death penalty news----TEXAS, ALA., LA., OHIO, ARIZ.
August 28
TEXAS:
Death row is not for mistakes
A "mistake."
This is how murder ("the crime of unlawfully killing a person especially with
malice aforethought") is defined in a recent column titled "U.S. Should Follow
Pope's Leadership on the Death Penalty" by Anna Arceneaux, a senior staff
attorney for the ACLU Capital Punishment Project. (The column was penned for
InsideSources.com.)
Arceneaux, referencing the thoughts of a corrections officer, wrote "For the
most part, he said, death row is made up of people who made one horrible,
tragic mistake."
What is a "mistake" is the use of such political spin on the horrific and evil
crimes that land a person on death row in Texas.
There are 4 people from the Amarillo-area (Potter and Randall counties) on
death row in Texas.
One of them, a woman, has been on death row since 1996.
This is the description of the crime this individual committed (according to
the Texas Department of Criminal Justice): "[The person] robbed and murdered an
80-year-old white male in his home. The victim was struck with a hammer and
stabbed nearly 60 times. The weapons used were: a paring knife, a butcher
knife, a grapefruit knife and a fork. A lamp pole had been shoved more than 5
inches down the victim's throat."
To categorize this crime as a "mistake" is an insult to the memory of the
victim.
Such a flippant description of a horrible and violent crime makes it sound as
if a person was killed as the result of someone driving drunk - as if a tragic
accident occurred.
In the case of the aforementioned individual on death row, this was a willful
act of evil that showed zero regard for human life.
Those who want to oppose the death penalty are certainly entitled to their
opinions.
However, to gloss over the crimes people commit that result in the ultimate
form of punishment by describing such crimes as simply a "mistake" detract from
the seriousness of such crimes.
Capital punishment is reserved for those who commit the most heinous and
despicable crimes. And with the advent of science (namely DNA evidence - when
available) there is no doubt as to guilt or innocence.
The willful act of brutally killing another human being should be regarded as
something more than a "mistake" - especially when justice is involved.
(source: Editorial, Amarillo Globe-News)
ALABAMA:
Dothan man previously given a death sentence has a new trial scheduled to begin
this week
A Dothan man on death row will have a new trial in the Houston County court
system.
Lameca Dechawn Turner was found guilty of capital murder and sentenced to death
in Jan. 19, 2010. However, the case came back on appeal and a new trial will
begin this week in Judge Michael Conaway's courtroom.
According to State's Attorney Russ Goodman, the jury selection should be
completed by Monday and Goodman hopes opening arguments will begin Tuesday,
Aug. 28.
"If Turner is found guilty of capital murder, the death sentence is no longer
on table, by request of the victim's family," Goodman said.
Dothan police investigators charged Turner with capital murder in the death of
Prakash Shah on April 20, 2004. Shah died after being shot during a robbery of
the Southeast Mini Mart, located at Cottonwood Road and Third Avenue.
During Turner's previous trial, former Dothan Police Officer Frank Meredith
stated Turner admitted he pulled the trigger in the fatal shooting, and that
there was no evidence to show it was an accident.
On appeal, however, Turner argued that his case suffered irreparable damage
when confessions of his nontestifying accomplices' were admitted into evidence
through the testimony of the lead investigator. Turner argued he shot Shah by
accident. The lead investigator testified that witness accounts indicated that
Turner shot Shah after Shah grabbed a nearby phone to call police. Turner
argued on appeal that introduction of the confessions violated Turner's
Constitutional right to confront the witnesses against him.
The conviction was reversed and remanded back to court for a new trial.
Turner was 1 of the 3 people charged with murder in the shooting. If convicted
Turner faces the possibility of life in prison without parole.
Turner's brother, Cordell Turner, pleaded guilty to his involvement in the
murder and received a 99-year prison sentence. Turner's cousin, Ray Grace, was
also convicted and was sentenced to life in prison.
The family of Prakash Shah is opposed to the death penalty on religious
grounds.
(source: Dothan Eagle)
LOUISIANA:
Death penalty status quo a detriment
The last person executed in Louisiana was a volunteer - Gerald Bordelon. He
waived his right to appeal and begged the state to end his life. Louisiana
obliged. At the age of 47, Bordelon was executed by lethal injection.
Bordelon's unique "voluntary" execution was more than 8 years ago. It's been
more than 16 years, however, since the Pelican
