[Deathpenalty] death penalty news----TEXAS, PENN., VA., N.C., GA., FLA., ALA.

2017-07-22 Thread Rick Halperin





July 22



TEXASimpending execution

Texas Prepares for Execution of Taichin Preyor on July 27, 2017



Taichin "Box" Preyor's execution is scheduled to occur at 6 pm CDT, on 
Thursday, July 27, 2017, at the Walls Unit of the Huntsville State Penitentiary 
in Huntsville, Texas. Taichin was scheduled to be executed on Wednesday, July 
20, 2016, however, that date was later removed from Texas' online execution 
calendar, without comment. 46-year-old Taichin is convicted of the murder of 
24-year-old Jami Tackett on February 26, 2004, in Bexar County, Texas. Taichin 
has spent the last 12 years of his life on Texas' death row.


Prior to his arrest, Taichin worked as a truck driver and a laborer. He did not 
graduate high school, dropping out after the 10th grade. In 1999, Taichin was 
arrested and served time for a drug offense in Syracuse, New York. After being 
released from prison, Taichin moved to San Antonio, Texas, where he was later 
joined by his wife and children. Police had previously been called to the 
residence for a "family violence call." Taichin's brother was one of the police 
officers who responded to the call.


During the early morning hours of February 26, 2004, at approximately 4 am, 
Taichin Preyor broke into the apartment of his ex-girlfriend, Jami Tackett, by 
breaking down the door. Preyor went to Jami's bedroom, where he jumped on the 
bed and began attacking her with a knife. He also stabbed Jami's new boyfriend, 
Jason Garza, who fled the apartment, going to a neighbor and asking them to 
call the police.


During the fight, Preyor lost his car keys, leaving him unable to flea the 
scene. Preyor searched the apartment while Jami lay on the floor, struggling to 
breathe. As he attempted to leave the building for a 2nd time, Preyor 
encountered the police. The police were forced to use pepper spray to subdue 
Preyor, who refused to comply with their demands. Preyor was covered in blood 
when he was arrested.


Jami died from her injuries before paramedics arrived on the scene. Jason 
survived his injury.


During his trial, Preyor attempted to argue that his actions that morning was 
self defense. Prosecutors argued that the door being broken down indicates that 
Preyor was the aggressor.


Please pray for peace and healing for the family of Jami Tackett and for Jason 
Garza. Please pray for strength for the family of Taichin Preyor. Please pray 
that if Taichin is innocent, lacks the competency to be executed, or should not 
be executed for any other reason, that evidence will be presented prior to his 
execution. Please pray that Taichin may come to find peace through a personal 
relationship with Jesus Christ, if he has not already.


(source: theforgivenessfoundation.org)



Waco: Judge denies habeas corpus relief to convicted killer



A Waco district judge refused to grant habeas corpus relief to a man convicted 
in the same courtroom 2 years ago of capital murder but did allow appeals 
lawyers to submit briefs on 2 topics.


Judge Ralph Strother, in 19th District Court, said granting relief on the 
habeas corpus issue would "be like trying this case all over again," as US 
Carnell Petetan, dressed in jail clothing, sat silent and motionless at the 
defense table.


Petetan was convicted in the same courtroom in 2014 and Strother, after the 
jury's recommendation, sentenced him to death.


Bailiffs cleared the courtroom of visitors and attorneys while Petetan, 
shackled at the wrists and ankles, was led in.


After he was seated the judge allowed everyone back in the courtroom.

Lawyers with the state Office of Capital and Forensic Writs, in Austin, 
presented Strother with an 8-page application that listed 8 major issues at 
trial and expanded on each one.


Strother, as presiding judge, was directed to determine if there were any 
unresolved issues stemming from the trial, if so, identify them and finally 
determine what action needed to be taken, Jeremy Schepers, 1 of the appellate 
lawyers, said.


Schepers argued that Petetan was convicted by the jury who didn\'t have 
knowledge of his behavioral deficiency and that deficiency, under state law, 
means Petetan is ineligible for the death penalty.


But Assistant District Attorney Sterling Harmon reminded Strother that Petetan, 
himself, testified at his own trial and the jury was able to see and hear him 
for themselves.


As well, Schepers said, Petetan's lawyers at trial were ineffective and did not 
properly represent him.


At the end of the 40-minute hearing Strother denied habeas corpus relief but 
did direct appellate lawyers to prepare briefs on 2 issues: the 1st Petetan's 
developmental disability and 2nd his claim of ineffective assistance of 
counsel.


Waco attorney Russ Hunt, Sr., represented Petetan at trial and Strother 
directed that Hunt be given 120 days to respond to the appeals charge.


The briefs are due back to Strother and he will review them to decide if 

[Deathpenalty] death penalty news----TEXAS, PENN., VA., N.C., GA., FLA., ALA., MISS.

2017-07-08 Thread Rick Halperin






July 8



TEXAS:

US appeals court to review case of Argentine on death row in Texas


A federal court has agreed to review the appeal of an Argentine who is on death 
row in Texas for a 1995 killing.


The Fifth US Circuit Court of Appeals said last week it will examine whether 
Victor Saldano, 44, was competent to stand trial and whether his lawyers were 
deficient for not requesting a competency hearing before he was resentenced to 
death years after the initial trial.


Saldano, who was in the US illegally, was sentenced to death for the killing of 
46-year-old Paul King, who was abducted from a Plano supermarket, robbed and 
shot.


His case has drawn the attention of Pope Francis, who has met at least twice 
with the inmate's mother. The Catholic Church opposes capital punishment.


Saldano was convicted of capital murder and sentenced to die in 1996, but a 
judge later threw out the original sentence because a psychologist improperly 
testified that Saldano's "Hispanic background" made him likely to be a future 
danger, which Texas juries factor into death penalty decisions. The trial's 
punishment phase was repeated in 2004 and Saldano was again sentenced to die.


In its decision to consider the case, the appeals court wrote that "ample 
evidence supports an inference of incompetency" and pointed to "numerous 
instances" of Saldano's incoherent and strange behaviour around the time the 
punishment phase was repeated. Physicians offered various explanations for 
Saldana's behaviour, including his isolation on death row and that he was 
faking his condition to get drugs.


Lower courts have ruled that the trial court had no obligation to hold a 
competency hearing.


The appeals court record showed both the trial judge and Saldano's lawyers had 
concerns about his mental state, but the court's record includes no results of 
any examinations of Saldano. Defence attorneys never requested a competency 
hearing and the judge indicated he "had no reason to believe Saldano was 
legally incompetent," the Fifth Circuit wrote.


Defence lawyers, meanwhile, made a strategic decision at the resentencing phase 
to not introduce evidence of Saldano's mental condition. Instead, they stressed 
that Saldana didn't have a prior criminal record, that he was under the 
influence of drugs and alcohol, and that it was a companion, Jorge Chavez, who 
came up with the idea to commit the crime.


Chavez is serving a life prison term.

The appeals court has given Saldano's attorneys 30 days to present written 
arguments. State attorneys then will have 15 days to respond.


(source: Buenos Aires Herald)






PENNSYLVANIA:

Death penalty sought in Mount Wolf woman's homicide


An 18-year old Bronx man who attended Northeastern High School is facing the 
death penalty for allegedly murdering Ahshantianna Johnson outside her Mount 
Wolf home.


Edia Antonio Lawrence, who goes by "Richie," was in York County Court Friday 
morning for his formal court arraignment on charges of 1st-degree murder, 
conspiracy to commit that offense, 2nd-degree murder, robbery, burglary, theft, 
simple assault and receiving stolen property.


Chief deputy prosecutor David Maisch said the York County District Attorney's 
Office is citing 2 aggravating factors to argue for the death penalty.


First, he said, Johnson was killed during the course of another felony - 
specifically, robbery. The 2nd is that the slaying occurred as part of a 
drug-delivery operation, Maisch said.


Lawrence's alleged accomplices in the homicide remain at large, the prosecutor 
confirmed.


'A little surprised': Philadelphia-based defense attorney Jack McMahon said he 
intends to defend the case vigorously.


"We were a little surprised they're seeking the death penalty. He's only an 
18-year-old young man," he said.


McMahon noted that the only identification of Lawrence being involved is a 
voice identification.


"I think that's a bit suspect," he said. "We think the defendant did not do 
this."


McMahon said it's a sad case.

"But just because it's sad doesn't mean he's guilty," the attorney said.

Prosecutors consulted with Johnson's family and Northeastern Regional Police 
before deciding to seek the death penalty, according to Maisch, who said 
Johnson's family supports the decision.


Lawrence's 1st pretrial conference is scheduled for Oct. 16.

The background: 3 armed, masked men, allegedly including Lawrence, fatally beat 
the 19-year-old Johnson at her Second Street home because Lawrence believed 
she'd stolen his drug money and vowed to "take care of it," according to 
charging documents.


About 2:15 a.m. March 25, the trio barged into the home Johnson shared with her 
mother, Noemi Capo, and started stealing property, documents state.


One of the men threatened Capo with a metal baseball bat and a knife, demanding 
she call her daughter and have her come home, police said.


E Capo eventually reached Johnson by phone and told her she needed to come