[Deathpenalty] death penalty news----TEXAS, OHIO, USA, N.C.

2007-06-01 Thread Rick Halperin




June 1


TEXAS:

5th suspect charged in Houston game room shooting


A 5th person has been charged with capital murder in the fatal shooting of
a 54-year-old man during a robbery at a southwest Houston game room May
13, police said.

Luis Eduardo Rodriguez, 35, was with 3 other men and a woman who allegedly
robbed the Kung Fu Club game room in the 12300 block of Bellaire, police
said today.

Jian Guo Wang of the 9200 block of Clarewood, died during the incident.

Wang was working at the game room around midnight May 13 when a group of
people entered the business and attempted to rob its customers, police
said.

Wang confronted them and was shot, police said. The suspects fled with an
undisclosed amount of money.

Christian Calderon, 17; Fernando Santacruz Gomez, 24; Eric Gomez, 20; and
a female juvenile have all been charged with capital murder in the case,
police said.


(source: Houston Chronicle)

**

Another Texas tragedyMother's hanging of children and herself is a sad
warning that signs of depression must be heeded.


Earlier this week, a North Texas mother, Gilberta Estrada, apparently
hanged three of her four daughters in the family's mobile home and then
hanged herself. The youngest child, 8 months old, survived. Estrada had
told neighbors she was depressed.

It's a devastating story: A mother who by all accounts loved and cared for
her babies took their lives and her own. What deepens the sadness is that
similar incidents have happened with frightening regularity in Texas over
the last few years, beginning with the internationally publicized case of
Andrea Yates. In June 2001, Yates drowned her 5 children in the family
bathtub in their Clear Lake home.

The Yates tragedy raised awareness of postpartum depression, an illness
that manifests itself after the birth of a baby. In extreme cases it can
result in postpartum psychosis, a combination of depression and mania with
psychotic features such as hallucinations and paranoia, often accompanied
by suicidal or homicidal thoughts. It occurs in about one in 1,000 new
mothers.

This was the uncontested diagnosis in Yates' case. She was originally
convicted of capital murder but a 2nd trial found her not guilty by reason
of insanity. Her youngest child, Mary, was 6 months old.

Postpartum depression is more prevalent than any obstetric-related
condition for which women are routinely screened and affects 10 % to 20 %
of all new mothers. But it is rarely screened for. This must change.
Increased public awareness and resources to recognize and treat this form
of depression are necessary, not only for the health of the mother, but
for the mental, emotional and physical well-being of her children.

Unfortunately, the same horrific incidents that have raised awareness of
postpartum depression have also frightened many women suffering from it.
Unwilling to be identified with such extremes, they may isolate themselves
even further. Up to 70 % of women have a touch of the baby blues after
giving birth, a mild postpartum moodiness, beginning a few days after
giving birth and subsiding within a few weeks. Postpartum depression,
however, usually manifests itself within the first six weeks and can last
a year or longer.

Texas, not usually a champion of social services, has been a leader in
this area  a result, in large measure, of the Andrea Yates publicity. A
law was passed in 2003 that obliges health-care providers to inform all
new mothers about PPD. Houston's Mental Health Association distributes
brochures on the subject to Houston's WIC (Women, Infants and Children's)
clinics.

Nationally, a bill pending in the House of Representatives would provide
education and screening on PPD has garnered 119 co-sponsors. A companion
bill in the Senate is in committee and looking for co-sponsors.

But more must be done. Women in this situation are often isolated, with
poor marital support, living in poverty, with multiple children, and often
ashamed to reveal negative thoughts and impulses, especially when
relatives and friends are rejoicing. Families and friends must watch for
these symptoms and intervene if the mother is not seeking help. Physicians
must screen their patients and make referrals to available resources when
indicated. Citizens can pressure legislators to support funding and
resources. Everyone has a stake in protecting all new mothers from mental
illness, and thereby protecting their children.

(source: Editorial, Houston Chronicle)






OHIOstay of impending execution

Federal judge delays execution of inmate who joined injection lawsuit


In Columbus, a federal judge has delayed the July execution of an inmate
allowed to join a lawsuit challenging the constitutionality of lethal
injection.

US District Court Judge Gregory Frost granted Clarence Carter's request to
delay his July 10th execution while the lawsuit works it way through the
courts.

Frost's decision did not take into account a ruling by a federal appeals
court 

[Deathpenalty]death penalty news----TEXAS, OHIO, USA, N.C.

2005-08-16 Thread Rick Halperin





August 7


TEXAS:

Was innocent man executed?Prosecutor calls for unprecedented
investigation in death penalty case


It shouldn't be a shock that a Houston criminal prosecution figures in yet
another intense debate about capital punishment. In the almost 30 years
years since the death penalty returned to Texas, Harris County juries have
sentenced about 300 men and women to die by lethal injection, and 81 of
those have been executed, by the Texas Department of Criminal Justice's
count.

Both statistics are, by far, state and national records for a local
jurisdiction. No one else is even close, said Brenda Bowser Soder,
communications director for the Death Penalty Information Center, a group
that opposes capital punishment.

But in this instance, the Houston case involved theft, not capital murder.
And, as flawed and as reversible on appeal as the Harris County
prosecution proved to be, the Houston case is but a tantalizing tangent to
the central question:

Was an innocent man executed a decade ago - in Missouri?

Jennifer Joyce, the St. Louis city circuit attorney, has ordered a new
investigation into the case against Larry Griffin, who was killed by
lethal injection in 1995. The case began in 1980 with what the cops
painted as a classic criminal perfecta: a drug-related, drive-by, revenge
shooting in the slums.

A formal post-execution review by a prosecutor apparently is
unprecedented, even by a prosecutor, such as Joyce, who came to office
after the trial, appeal and execution.

I've never heard of any case like this, said Samuel Gross, the
University of Michigan law professor who conducted the preliminary inquiry
into the Griffin case, for the NAACP Legal Defense and Education Fund,
that prompted Joyce to act.

Defendants' families and media have pressed for reviews in a number of
cases, including post-execution, but an intervention such as Joyce's seems
to be unheard of.

There's a basic reluctance for governmental officials of any sort to
re-examine cases after conviction and especially after execution, Gross
said.

But, any reluctance aside, Joyce, an elected Democrat in office since
1999, has stepped in, with the support of a local political powerhouse,
U.S. Rep. William Lacy Clay, D-Mo.

This could be a very important moment in the death-penalty debate. Or the
St. Louis investigation could turn out to be a potentially embarrassing
fizzle.

For the moment, at least, some opponents of capital punishment are
convinced that Griffin's case is the one they have been desperately
seeking for decades: the conviction and execution of a man whom they
believe can be shown to have been not guilty.

This case right now is the clearest case in the country that an innocent
person has been put to death, said Rick Halperin, a Southern Methodist
University history professor and activist in several anti-death penalty
groups, both in Texas and internationally.

As a Texan, Halperin is in awe of Joyce's gutsy decision, saying, I can't
imagine that happening here.

Given Texas' heavily pro-death penalty political atmosphere, his view is
sadly realistic. Even elected officials who don't plan to run again won't
speak out, Halperin said: It's pretty pathetic.

Critics of the death penalty need a case that we can cite in answer to
taunts of supporters of executions who say there is no evidence that an
innocent person has been put to death by a state.

The argument was raised as recently as late June before a House Judiciary
subcommittee as it considered legislation to speed federal court review of
state death penalty convictions.

The well-organized and even better-funded abolitionists cannot point to a
single case of a demonstrably innocent person executed in the modern era
of American capital punishment, said Joshua K. Marquis, district attorney
in Clatsop County, Ore., and an official with the National District
Attorneys Association.

That's a smug, generally self-fulfilling view.

Jay Burnett, a former Harris County district judge who has returned to his
job as a defense lawyer and has three active death penalty cases, has
heard it many times.

The reason why is that nobody goes back and looks, and DAs won't give up
evidence, Burnett said.

In the early 1980s, Burnett represented Wallace Conners in his appeal in a
Harris County theft case. Conners' conviction was thrown out by the Texas
Court of Criminal Appeals and he was acquitted by a judge in a bench trial
when the case was reheard.

His alibi was totally unshakable, Burnett recalled recently.

Conners is the Houston link to the St. Louis case. He was shot in the
buttocks by gunmen in a slowly passing car in an assault that killed drug
dealer Quintin Moss on June 26, 1980.

One of the shooters, according to prosecutors, the jury and the Missouri
Supreme Court, over the vigorous dissent of one justice, was Larry
Griffin.

Conners, depending on which side is describing him, was a crucial
eyewitness whose exculpatory testimony could have saved Griffin, or a