Francis A. Boyle Law Building 504 E. Pennsylvania Ave. Champaign, IL 61820 USA 217-333-7954 (voice) 217-244-1478 (fax) fbo...@law.uiuc.edu <mailto:fbo...@law.uiuc.edu> (personal comments only) -----Original Message----- From: owner-aalsmi...@ube.ubalt.edu [mailto:owner-aalsmi...@ube.ubalt.edu] On Behalf Of Boyle, Francis Sent: Wednesday, March 30, 2005 1:52 PM To: 'AALS Section on Minority Grps. mailing list' ('AALS Section on Minority Grps. mailing list') Subject: NCAA: Boo to Illinois!
Francis A. Boyle Law Building 504 E. Pennsylvania Ave. Champaign, IL 61820 USA 217-333-7954 (voice) 217-244-1478 (fax) fbo...@law.uiuc.edu <mailto:fbo...@law.uiuc.edu> (personal comments only) -----Original Message----- From: Google Alerts [mailto:googlealerts-nore...@google.com] Sent: Wednesday, March 30, 2005 1:02 PM To: fbo...@law.uiuc.edu Subject: Google Alert - counterpunch Google Alert for: counterpunch Why You Should Boo <http://www.counterpunch.org/boyle03302005.html> Illinois CounterPunch - Petrolia,CA,USA By FRANCIS BOYLE. The self-styled "Fighting Illini" of the University of Illinois at Urbana-Champaign are on their way to the NCAA Final Four in St. ... _____ This as it happens Google Alert is brought to you by Google. Remove <http://www.google.com/alerts/remove?s=b113cf554bd88769&hl=en> this alert. Create <http://www.google.com/alerts?hl=en> another alert. Manage <http://www.google.com/alerts/manage?hl=en> your alerts. -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.washlaw.edu/mailman/private/deathpenalty/attachments/20050330/2153c31b/attachment.htm From rhalp...@mail.smu.edu Thu Mar 31 11:25:49 2005 From: rhalp...@mail.smu.edu (Rick Halperin) Date: Tue Aug 16 12:15:43 2005 Subject: [Deathpenalty]death penalty news----OHIO, N.C., ILL., DEL. Message-ID: <pine.wnt.4.44.0503311125420.3300-100...@its08705.smu.edu> March 31 OHIO: Victim opposed death penalty, lawyer argues An attorney argued without rebuttal before the Ohio Supreme Court for overturning a death sentence of a man convicted of killing 2 people. Prosecutors weren't allowed to participate because of a missed deadline. Assistant Public Defender Robert Lowe argued Tuesday that jurors weren't told that 1 of the victims, a a student at Kenyon College, opposed capital punishment. He also systematically questioned the four death penalty specifications attached to the aggravated murder conviction of Gregory McKnight. The state Attorney General's Office and Vinton County Prosecutor Timothy Gleeson said they were confident the trial record is strong enough to uphold the convictions and sentences. McKnight, 28, was convicted in 2002 in the southern Ohio county of shooting his co-worker Emily Murray, 20, and Greg Julious, 20, of Chillicothe. McKnight was sentenced to life in prison for killing Julious, whose body was dismembered and burned. Murray's family had filed a court statement that protracted court proceedings in a death sentence case would increase their pain, Lowe said, and that "Emily is the type of person who would give McKnight mercy." McKnight got the death sentence because he also was convicted of kidnapping and robbing Murray. Jurors determined he killed to avoid detection of another crime and that the 2 murders were part of a pattern of behavior meant to kill 2 or more people. Justice Paul Pfeifer especially questioned the last charge. The 2 victims didn't know each other and the killings were at different times. "The statute does not say you get death if you murder 2 people. It says you get death if you murder two people in a continuing course of conduct," he said. Pfeifer called the robbery conviction a tougher hurdle for the defense. Lowe said Murray had been seen driving near McKnight's property, and argued there was no direct evidence of kidnapping her or stealing the car, which was found there after her death. He also said hiding the bodies does not mean the killings were done to cover another crime. The empty prosecutor's table irked Pfeifer. "Unfortunately, regrettably, inexcusably the state is not here," he said. Murray's mother, Cynthia, who watched over the Internet from her home in Cold Spring, N.Y., told the Columbus Dispatch it was frustrating there was no rebuttal. Prosecutors missed by one day the deadline to participate in written and oral arguments before the high court. An appeal to the Supreme Court is the 1st step in the lengthy state and federal appeals process in death penalty cases. State prosecutors became involved after the trial judge ruled that local prosecutors could not seek the death penalty because the county might not be able to afford a proper prosecution and pay for McKnight's defense. The judge changed his mind when Attorney General Jim Petro was named special prosecutor to aid Gleeson. (source: Cincinnati Enquirer) NORTH CAROLINA: Death penalty foes count noses in House----They seek 2-year freeze on executions in state Cartaveta Belcher of Johnston County hasn't decided whether she supports the death penalty. But Belcher, whose sister was killed in Plymouth 2 years ago, believes inequities in the justice system give some killers the opportunity to walk free while others are executed. Belcher was in Raleigh on Wednesday supporting a 2-year moratorium on the death penalty because she wants a study of equity in executions. If the death penalty is used, it should be applied fairly, she said, "regardless of the person's race." After being shut out of the House for 2 years, moratorium supporters say the door is open to a vote this year. "When we feel we've got the votes, the bill is going to move," said Rep. Paul Luebke, a Durham Democrat. The Senate approved the moratorium in 2003, but it never came up in the House despite heavy pressure from supporters. Speaker Jim Black, a Mecklenburg County Democrat, said in 2003 that he would vote for a moratorium. But Richard Morgan, a Moore County Republican who split leadership duties with Black for 2 years, blocked a vote. Morgan still opposes the moratorium, but said Wednesday he had not talked to Black about it this year. Morgan agrees with the N.C. Conference of District Attorneys that there's no need to suspend lethal injections to do a study. Supporters admit they are short of the 61 House votes needed to pass the bill, with opposition coming from members of both parties. On the flip side, the Legislative Black Caucus has made the moratorium one of its top priorities. A news conference sponsored by moratorium supporters featured family members of murder victims who said they were honoring their loved ones' memories by supporting the moratorium. "We're here to seek justice for all North Carolinians," said Pat McCoy, a Chapel Hill resident whose sister was murdered in Washington state in 1974. The case against 20-year-old Candie Belcher's assailant was marred by allegations that police destroyed evidence. Her former boyfriend, Mohymen Munnelyn, was charged with murder but pleaded guilty to manslaughter. Cartaveta Belcher, who is raising her sister's 2 young children, is outraged by the outcome and thinks race played a part. "My sister's life was not valued," Belcher said. "It's an African-American on African-American crime." (source: The News & Observer) ILLINOIS----new death sentence Death sentence in wife's slaying----Husband convicted of killing spouse, her infant daughter A Northwest Side man found guilty of killing his estranged wife and her child was sentenced to death Wednesday. Cook County Criminal Judge Thomas Sumner imposed capital punishment for Jesus Alvarez-Garcia, 41, formerly of the 2600 block of North Drake Avenue, convicted on two counts of 1st-degree murder for the 2002 shooting death of his estranged wife, Maritza Baez, 37, and her infant daughter, Michelle. Baez was 8 1/2 months pregnant and engaged to a Chicago police officer at the time of her slaying. Alvarez-Garcia is the 3rd person in Illinois to be sentenced to death since former Gov. George Ryan cleared death row in 2003. Prosecutors said they sought the death penalty because Alvarez-Garcia had coldly planned the killing and went for a meal of ribs shortly after he pulled the trigger. "He was that callous," said Bernie Murray, head of the felony trial division in the Cook County state's attorney's office. "He was just eating a meal as if nothing had happened." An order of protection that Baez had won against Alvarez-Garcia eight months earlier was in effect at the time she was killed, which Murray said was also a factor in the decision to seek the death penalty. In a confession, Alvarez-Garcia said he contemplated Baez's murder soon after that order was issued because it made him feel like a criminal. Alvarez-Garcia spotted Baez on June 27, 2002, driving to work at a Logan Square restaurant that she co-owned, and decided then to kill her, court records show. He retrieved a handgun from his nearby home, met her at the restaurant and, in front of witnesses, shot her four times as she sat inside her car. After the shooting, which occurred in the 2500 block of North Milwaukee Avenue, Baez was rushed to Illinois Masonic Medical Center where surgeons delivered her infant girl by emergency Caesarean section. Michelle was not struck by bullets but suffered oxygen deprivation in the womb, hospital officials said. She died 3 months later. Alvarez-Garcia had either assaulted or threatened to kill his estranged wife at least 3 times before she won the order of protection, according to court records. After the couple separated, Baez began dating a Chicago police officer who was the father of the child, court records show. In his confession, Alvarez-Garcia also told police that he was consumed with rage and jealousy that Baez was seeing another man. After the killing, Alvarez-Garcia calmly walked to his car and drove to a nearby restaurant for a meal, records show. Alvarez-Garcia's attorney, Assistant Public Defender Woodward T. Jordan, has filed a motion seeking reconsideration of the death sentence, said Cook County state's attorney's spokesman Tom Stanton. (source: Chicago Tribune) ********************** Speakers examine death penalty----Panel members voice displeasure with capital punishment The integrity of the American judicial system is being questioned by a group of speakers who presented to students Wednesday night in Swen Parson Hall. Law students Yvonne Cryns and Melanie Stibick coordinated efforts to bring speakers who have experienced the woes of the justice system to speak to students and faculty in a presentation titled, "Criminal Justice and the Death Penalty Program." "Having these kind of speakers talk to NIU students is fundamentally important," said Stibick, a 2-year law student and president of the NIU law school chapter of Amnesty International. "In school, students are usually given the same facts again and again. If students dont come to see these speakers, they dont learn anything new." NIU law student Mark Harper was a member of the panel of 4 and spoke on his own experiences with the American justice system. Harpers wife Julie was convicted in the 1997 murder of her 10-year-old son Joel and despite evidence to the contrary, has always maintained her innocence. She is in a retrial and also spoke to NIU students last night. "When the police tell you anything you say can and will be used against you, thats exactly what they mean," Mark said. Panel members advocated their dissent with the death penalty and called for social and political change. "It is incredibly important to remember that in the midst of all of this, there are victims," said speaker Jennifer Bishop-Jenkins. The sister and brother-in-law of Bishop-Jenkins were murdered in 1990 by a teenager who broke into their Winnetka home and shot them. Her sister Nancy was pregnant at the time of her shooting. When police arrived on the scene, they found a message that Nancy drew to her loved ones in her husbands blood before she died. The message was the symbol of a heart and the letter "U." Despite the violent crimes committed against her family members, Bishop-Jenkins is a fervent advocator against capital punishment. "Giving suspects the death penalty does not reduce the murder rate," she said. "We live in an era with a very convoluted legal system, and this needs to be corrected." Many NIU students had a strong reaction to the presentation. "It really opened my eyes," said sophomore sociology major Delma White. "I was considering becoming a corrections officer, but I dont know now. It makes me think that I could either be a part of the problem or the solution." The American justice system is the best in the world. However, it is also a system that is greatly flawed, Bishop-Jenkins said. For more information about Harpers case, visit justiceforjulieandjoel.org. (source: Northern Star /Campus News) DELAWARE: Can someone be too young to face the death penalty? A 16-year-old brutally murders a next-door neighbor and confesses to the crime. A 17-year-old shoots a husband and wife to death in the process of burglarizing their home and confesses to the crimes. Should these juveniles be sentenced to die for the crimes they committed? Thats the question University of Delaware Professor Valerie Hans examined at her March 18 lecture "Too young for the death penalty" at the Virden Center in Lewes. "Public opinion polls show that only a minority supports the death penalty for juveniles," Hans said. Her lecture was the third in a series of 4 lectures the university is presenting as part of the annual Land and Sea Lectures now in its 20th year. Roughly 50 people listened as Hans, an expert on juries and the criminal justice system, spoke about the complexity of the death penalty applied to juveniles. "About 1/4 of the public still endorses the death penalty," Hans said. She said the question of whether the death penalty is justifiable for juveniles is one that society answers differently at different times - and the answer is continuing to change even today. Hans said in America at the turn of the century, a 7-year-old could be put to death. "There is an evolving-standards analysis," Hans said of the process through which Americas highest court recently decided that the state's killing of killers who are 18 and younger is the wrong thing to do. Hans said the U.S. Supreme Courts decision is the result of a Virginia case in which a convicted mentally retarded defendant wasnt given the death penalty because, in the courts view, to have done so would have constituted cruel and unusual punishment - a violation of the defendants Eighth Amendment rights under the Constitution. Hans said the Virginia court's ruling in the case of mentally retarded defendants gave the Supreme Court reason for pause and helped change the high courts stance on the death penalty for juveniles. She said what drives the shifting position is public opinion, the opinions of experts and legislative trends. A few of startling facts about juveniles and capital crimes: Research shows that juveniles kill slightly more victims, 2 or more, in 1st-degree murder cases. Juveniles nearly always confess (80 %) to their crimes. Most have had problem-filled childhoods. Hans said that many jurors on juvenile capital offense cases, interviewed later, have said they "wanted to prosecute the families" of capital offenders for doing such a bad job of raising the child. "They didn't have good backgrounds, they lacked positive role models. They werent taught social norms by their parents. In fact, sometimes they didnt have parents," Hans said, offering reasons jurors cited when considering sentencing juveniles to death. Hans said jurors factor in these disadvantages and as a result, there are fewer death penalties for juveniles. She points to John Lee Malvo, the teen who hid in the trunk of a car with a high-powered rifle, killing people in Washingtons suburbs. Malvo, who escaped the death penalty in Virginia, a state not known for death-penalty leniency, fits the profile. He confessed to his crimes and had a problem childhood. His adult partner, John Mohammad didnt confess and received the death penalty. Issues of law aside, Hans said advances in brain research and new technology have allowed better imaging of the brain, revealing that there are substantial differences in the brain development, and therefore the maturity level, of juveniles ages 16 through 20. Hans cited research gathered as part of the Capital Jury Project that looked at 353 capital trials in 14 states. Only 12 of the cases involved juveniles under age 18. "Jurors were less likely to impose the death sentence on defendants who were less than 18 years of age," Hans said. She said jurors who sat on cases involving an adult charged with capital murder were significantly more likely to give a death penalty verdict. "We found just 2 death sentences out of 12 versus about 60 % for the adults," she said. (source: The Cape Gazette)
