June 2 MARYLAND: Oken seeks stay in execution -- Convicted killer's lawyers say they need more time to appeal injection method Convicted killer Steven Oken asked the state's highest court yesterday to halt his execution to allow him to challenge the constitutionality of Maryland's lethal injection process for putting a person to death. In Oken's stay of execution request to the Maryland Court of Appeals, lawyers Fred W. Bennett and Michael E. Lawlor wrote that "due to the insufficiency of the execution protocols and training of execution team members, the killing of Steven Oken will amount to little more than torture." Oken, convicted of killing three women in 1987, is scheduled to die by lethal injection the week of June 14. Bennett said that schedule does not leave enough time to litigate Oken's lawsuit against the Maryland Division of Correction. Corrections officials have said they are satisfied that lethal injections in Maryland have been conducted "humanely, painlessly and with dignity." The Maryland attorney general's office called Oken's court claim an "abusive delay" when it responded to his lawsuit last week. Oken has a right to question the state's method of execution, his lawyers wrote, and he "has not manipulated the system." Twice before, the Court of Appeals has halted Oken's execution because of pending appeals. Assistant Attorney General Scott S. Oakley, who wrote the state's response to Oken's lawsuit, could not be reached for comment yesterday about the request for a stay of execution. Baltimore County Deputy State's Attorney Stephen Bailey said his office received the filings late yesterday afternoon and would need time to review them. Also yesterday, Oken's lawyers appealed a Baltimore judge's decision that the lawsuit, which had been filed in the city, be heard in Baltimore County, where Oken has a 13-year history of litigation. Bennett has said the lawsuit was filed in the city because "that's where Oken has been living, and that's where he is scheduled for execution." In addition to that lawsuit, Oken has an motion outstanding in Baltimore County Circuit Court based on what Bennett said is a disparity between the Maryland legislature's established procedures for lethal injection and the way it is administered. Last night, opponents of capital punishment gathered at Mount Hope Baptist Church in Baltimore for a "town meeting." "If you all ever want to do anything, this is the time to do it," said Davida Oken, the condemned killer's mother, to some 30 people at the gathering. A march to the state prison complex in the city is planned for Saturday to call attention to Oken's fate. Oken, now 42, was convicted in 1991 of raping and murdering Dawn Marie Garvin, a 20-year-old White Marsh newlywed. Oken also was convicted of killing his sister-in-law, Patricia Hirt, in Maryland, and motel clerk Lori Ward in Maine. (source: Baltimore Sun) ************************* Judge rules against efforts to stay Oken's execution -- Lawyer for convicted killer 'pleased' that case now goes before Court of 2 of convicted killer Steven Oken's latest legal efforts to delay his execution were dismissed today by a Baltimore County Circuit judge. This morning, Judge John G. Turnbull II, the judge who signed the death warrant for Oken in April, granted the state's motion for summary judgment in Oken's lawsuit questioning the constitutionality of lethal injection. The judge also denied Oken's request for an emergency hearing for a motion he had filed that claimed the Division of Corrections does not administer lethal injections in the manner outlined by the Maryland Legislature. Fred Warren Bennett, Oken's lawyer, said news of the judge's rulings did not surprise him. He said he will focus on the state's highest court in his effort to save Oken's life. "We are pleased that the proper forum, the Court of Appeals of Maryland, will now be able to rule on the important constitutional, statutory and legal issues on an expedited basis," Bennett said. Clerks at the Court of Appeals said judges could entertain Oken's motion to stay his warrant of execution, filed late yesterday, in the next few days. Bennett said he hopes judges will hear oral arguments before making their decision. Oken, convicted of killing 3 women in 1987, is scheduled for execution the week of June 14. (source: Associated Press) OKLAHOMA: 2 Nichols jurors dismissed 2 members of the jury considering sentencing for Oklahoma City bombing conspirator Terry Nichols were dismissed by the judge Wednesday and were replaced by the last 2 remaining alternate jurors. Judge Steven Taylor did not explain what the 2 jurors did wrong, but he strongly told the rest of the panel not to discuss the case outside of regular jury deliberations. "Do not discuss sentencing," Taylor said following a one-hour closed meeting with prosecution and defense attorneys. "Do not allow anyone to discuss it with you." Nichols has been convicted of 161 1st-degree murder charges in the bombing of the Alfred P. Murrah Federal Building and the jury is considering whether he should be executed or given a sentence of life in prison. The same jury that is considering sentencing convicted Nichols May 26 just 5 hours after beginning deliberations. One of the jurors dismissed Wednesday was the jury foreman. The composition of the jury remains 6 men and 6 women. The trial began with 12 jurors and 6 alternates, but prior to the opening of testimony, 3 jurors were excused because they were distant relatives to a member of the prosecutor's staff. A 4th juror was excused last month after he had a heart attack. More testimony was expected Wednesday in the sentencing phase, which began Tuesday, when more than 2 dozen witnesses _ many in tears _ testified about the parents, spouses and children they lost in the Oklahoma City bombing as prosecutors argued that Nichols should be put to death for his part in the attack. But the defense urged jurors to consider all sentencing options in the case, including life in prison. Nichols is serving life in prison on federal charges for the deaths of eight federal agents in the April 19, 1995 bombing, which killed 168 people. Oklahoma prosecutors brought the state murder charges for the other 160 people who died and 1 fetus whose mother was killed in the explosion. During opening statements, attorney Creekmore Wallace said the defense will give jurors a glimpse of Nichols' life before and after the bombing, including his relationships with his two former wives, his three children and his large extended family in Michigan. He said Nichols has never been a discipline problem in prison and has formed relationships with members of bombing victims' families as a prayer partner. Prosecutor Sandra Elliott said Nichols deserves to die by lethal injection. Elliott said Nichols "constitutes a continuing threat to society." She also reminded the jury that "there were many, many, many others who came close to dying that day as well." Clifford Cagle brought jurors, spectators and the prosecutor to tears when he testified about his injuries, including the loss of his left eye. Cagle worked for the U.S. Department of Housing and Urban Development on the federal building's seventh floor. "The left side of my face was crushed," said Cagle, who wept as he said he has had three surgeries to repair the damage. Shelly Thompson Fravert said that Tuesday marked the ninth anniversary of the day she and her two older brothers buried their mother, an event she said left her with nightmares and suicidal thoughts. Virginia Mae Thompson, a 56-year-old employee at the Federal Employees Credit Union on the building's third floor, was the last victim to be recovered from debris following the 1995 bombing. Matilda Westberry said she has lived in fear since the death of her husband, Robert Westberry. "I miss his touch and his smell," she said, choking back tears. "I miss him rolling over in bed and swinging his arm over me, just to know he's there." Aren Almon-Kok spoke of her 1-year-old daughter, Baylee, who died in the day-care center. A photograph of Baylee's limp body in the arms of a firefighter was published worldwide. "My daughter became a symbol of the bombing," she said, "but she was a real person, too." Testimony began after Taylor ordered prosecutors to remove gruesome details of the victims' deaths and emotional testimony not specifically linked to the bombing from the prepared statements of victims' family members. "There will be no memorial service for the victims in this courtroom," Taylor said. "I am here to guard against emotion taking over this trial." (source: The Oklahoman) CALIFORNIA: Probe Fails to Support Cooper Claims----State says it found no proof to back the death row inmate's assertions that others killed Chino Hills family. Hearing on evidence starts today. Hoping to end a stay of execution for convicted murderer Kevin Cooper, state prosecutors said Tuesday that they had found no evidence proving Cooper's assertions that others were responsible for the 1983 slayings of 4 people in a Chino Hills home. Since the U.S. 9th Circuit Court of Appeals issued the stay in February, San Bernardino County sheriff's detectives have crisscrossed the nation interviewing witnesses and potential suspects that Cooper's defense attorneys say could exonerate their client including one man turned in by a former girlfriend after she allegedly found his coveralls soaked in blood. "We've done a lot of work on this because, frankly, we're tired of the defense's ongoing misrepresentations this attitude of theirs that we should be out there chasing our tails on every new thing they throw out there," said Deputy Atty. Gen. Holly Wilkens. David Alexander, Cooper's defense attorney, ridiculed the attorney general's investigation, portraying it as "more of an effort to protect the verdict than an effort to find the truth." The findings come on the eve of a federal court hearing in San Diego to determine whether additional tests are warranted on evidence found at the crime scene and whether prosecutors improperly withheld exculpatory evidence from Cooper's attorneys during his murder trial. In June 1983, Cooper escaped from the state prison in Chino and hid out in a vacant house within view of a hilltop home belonging to Douglas and Peggy Ryen. A jury in 1985 convicted Cooper of killing the Ryens, their 10-year-old daughter Jessica, and 11-year-old house guest Christopher Hughes, with a buck knife and hatchet. He also slit the throat of the Ryens' 8-year-old son, Josh, who survived the attack and testified against him. In 2002, Cooper became the first death row inmate to win approval for DNA testing of evidence. The tests, however, determined his DNA was on a bloody T-shirt found discarded near the Ryens' home, on cigarette butts found inside the family's stolen station wagon and on a blood drop inside their home. The 9th Circuit Court of Appeals ruled that additional DNA testing should be conducted on the T-shirt to determine if police planted the evidence, which is alleged by Cooper's attorneys. DNA testing also would be conducted on hairs found in the hands of Jessica Ryen, to determine whether they point to another suspect, the court ruled. The case was sent to federal district court in San Diego for review, and a 3-day hearing on those issues is scheduled to begin today. "I'm gratified to see [prosecutors] coming back and refuting every little rumor the defense has thrown out," said Mary Ann Hughes, Christopher Hughes' mother. "The defense's theories are never-ending, but [the prosecution] has gone through every one and proven there's no substance to them." (source: Los Angeles Times) NEW JERSEY: Supreme Court hears arguments on death penalty procedure Defense attorneys for 2 accused murderers argued Wednesday that grand juries should be told when defendants could face the death penalty, and that grand jury members should be questioned about their views on capital punishment prior to hearing such cases. The case before the state Supreme Court seeks to clarify the procedures to be followed when prosecutors seek the death penalty. A Supreme Court ruling in February ordered prosecutors seeking an indictment to present to grand juries what are known as aggravating factors, the legal reasons for seeking the death penalty. But even though those factors must be presented, grand jury members are not specifically told when they are hearing a potential death penalty case. Grand juries, which meet in secret, determine if there is sufficient evidence to send a criminal case to trial. Lawyers for two men charged with murdering a woman in a Camden County train station parking lot argued that prosecutors should be required to directly tell grand juries when the death penalty is involved. And attorneys for Ryshaone Thomas and Marcus Toliver said grand jurors should be questioned about their views on capital punishment just like trial jurors who eventually decide on guilt and punishment. "A grand jury should be cognizant of what's going on," said defense attorney Ralph Kramer. "We're not talking about someone going to jail. We're talking about someone who could die." Thomas and Toliver are charged with killing Christine Eberle in November 2001 after abducting her in the parking lot of PATCO's Ferry Avenue Station. They allegedly attempted to rape her, then strangled her when she resisted. Prosecutors have said they will seek the death penalty for both men. Assistant Attorney General Boris Moczula said grand juries only decide whether there is evidence to move a case to trial and that punishment is decided after guilt or innocence is determined. "To advise them on a potential penalty is contrary to grand jury practice," Moczula said. Chief Justice Deborah T. Poritz and other justices expressed concerns that grand jury proceedings not be turned into mini-trials, but also asked why jurors shouldn't be told that a defendant would face the death penalty. "What would the harm be?" Associate Justice Peter G. Verniero asked. Prosecutors asked the justices for a quick ruling on the matter because the cases against the two defendants have not yet been presented to a grand jury for possible indictment and a trial is scheduled for September. Poritz did not say when a decision would be issued. (source: Associated Press) NORTH CAROLINA: Hoke County Will Not Seek Death Penalty Against Teenage Mother Prosecutors in Hoke County say they will not seek the death penalty for a teenage mother accused of killing her baby. Prosecutors believe 17-year-old Latoya McLean beat her 6-week-old son to death on Dec. 1. Autopsy reports show Nasir Jones suffered severe head and spinal injuries. McLean is jailed in Raleigh. (source: WRAL News) CONNECTICUT: Ross assured of 5 more years on death row----Serial killer to be 51 by then Michael Ross, slayer of girls and young women, already has languished on death row some 17 years. Although the state Supreme Court last week reaffirmed that Ross must die for his crimes, that won't happen right away. So much for the "death penalty." So much for justice. Ross, a native of Brooklyn and a Jewett City resident when arrested, is no convict for whom guilt is uncertain. No, Ross has admitted to -- and discussed -- 8 murders. 6 of those took place in New London County, 2 in Windham County. In 1982, Ross murdered Tammy Williams, 17, of Brooklyn, and Debra Smith Taylor, 23, of Griswold. In 1983, he killed Robyn Stavinsky, 19, of Norwich. In 1984, Ross murdered Wendy Baribeault, 17, of Jewett City, and 2 14-year-olds, Leslie Shelley and April Brunais, both of Griswold. A graduate of Cornell University, Ross also admitted to 2 murders in New York state. Now 46 years old, Ross has spent more time on death row than any of Connecticut's other six condemned men. And, according to Chief Public Defender Gerard Smyth, Ross will be there at least another 5 years. The youngest of Ross's victims was 17, the eldest 23. If Smyth is right, Ross will be 51 years old when this particular appeal is exhausted. It is said that time is money. But how can we measure what Ross took from his victims, all in the flower of youth? Such loss is incalculable. But this is not: The cost to taxpayers for keeping Ross jailed is $58,000 per year. By way of comparison, the cost of a year at Yale is $39,500. Michael Ross, murderer and convict, just keeps on taking. Where is the justice in that? (source: Editorial, Norwich Bulletin) PENNSYLVANIA: Pittsburgh Opera takes stroll down death row----'Dead Man Walking' Presented by: Pittsburgh Opera Performed by: Kristine Jepson, John Packard, Judith Forst, Donita Volkwijn, James Maddalena, Andrea Hanson, Mimi Lerner, Jason Collins, Charles Austin, Matthew Lord and Kevin Glavin; John Mauceri, conducting When: 8 p.m. Saturday and June 11; 7 p.m. Tuesday; 2 p.m. June 13 Tickets: $15 to $115 Details: (412) 456-666 or www.pittsburghopera.org Sister Helen Prejean softly sings some of her favorite phrases from Jake Hegge's opera "Dead Man Walking" as she talks about why she loves his setting of her 1993 best-selling book. Prejean's work with death-row inmates and the ways it has been a transforming experience for her led to the book, which inspired the 1995 movie with Susan Sarandon and Sean Penn. But she believes the opera might be the most powerful expression of her feelings because, she says, "music can reach us in ways and in places that words cannot." Hegge was commissioned to write the opera by San Francisco Opera, which gave the world premiere four years ago. Pittsburgh Opera's presentation, starting Saturday night, will be the seventh production of the surprise operatic hit. The composer's musical career began in performance as a pianist, but a hand injury forced him to change directions. After writing many songs that found favor with the world's top operatic singers, Hegge wrote "Dead Man Walking" as his first opera. It is the rarest of creations -- a contemporary opera with legs. The opera is based on Prejean's work as spiritual counselor to Joseph De Rocher and begins with the brutal murder and rape that led to his death sentence. There's no doubt about his guilt for the audience, although he lies and asserts his innocence until near the end of the opera, when he also admits his humiliation by another woman. "The reason this opera is so powerful and successful," says John Mauceri, Pittsburgh Opera music director, "is that it taps into the fundamental mythic storytelling of humanity. What Jake and, equally, his librettist (Terence McNally) have done is create a ritual drama that is about the male and female components -- it is a rescue opera in which a woman's love saves a man." Mauceri compares "Dead Man Walking" to the operas "Fidelio" and "Turandot," adding that the gender roles are reversed in Puccini's opera, where princess Turandot is the hurtful wounded person who is rescued by a man's love. Music adds to the impact and structure of storytelling, Mauceri says, which is why Greek drama was sung not spoken. "In this case, the opera begins with a brutal murder followed by an unaccompanied hymn," he says. "It ends with the brutal -- if you want to say -- execution, followed by a hymn. It's the structure, the process, we go through in the theater. It contributes to the catharsis that makes the opera an exhilarating, not a depressing, experience." Soprano Kristine Jepson, who will portray Prejean at the Benedum Center, says that meeting the nun was helpful to her. "But I can't say I know Sister Helen very well, not like my relationship with Jake." Jepson read the book and saw the movie, but knows her job is not to re-create a reality, but to be the character as presented in the opera. Jepson says she's never been in favor of the death penalty "because it's become evident that too many mistakes are made for an irrevocable punishment. DNA has proven over and over that many men, especially, have been sent to their death for no reason. But I don't think I was ever an 'eye for an eye' person. I don't think we have the right to make that decision." Prejean is writing a new book, with the working title "Loss of Innocence," that will report on her experience with innocent people who have been executed. "Dead Man Walking" confronts the death penalty where the "guilty" party is unquestionably guilty. For all the impact of Prejean's first book and subsequent movie, Mauceri says that when "Dead Man Walking" became "ritual theater, it became bigger, simpler and much more profound because it is eternal." Singer finds lead role physically taxing Actors and singers love to play villains, but John Packard faces extra demands in performing the murderer Joseph De Rocher in Jake Hegge's opera "Dead Man Walking." His preparation -- apart from learning his part -- included reading Sister Helen Prejean's book, seeing the movie several times and making a field trip to death row at Angola prison, which he found an exhausting experience. He knows he's extremely lucky to "own" the title role in a popular opera; Pittsburgh will be his seventh production of the physically demanding part. "You have to be in shape because of 2 things -- the pushup scene and the rape scene," Packard says. Contemporary directors no longer favor singers with stationary placement at the front of the stage. But Packard sings while doing 39 pushups, which he says "isn't so bad if you're in shape." He also needs the control that comes from strength to be gentle with colleagues while appearing violent in the rape scene. "I was kind of a body builder before I became an opera singer," he says. When he got back into serious workouts in preparing for this role, he lost 15 pounds and his waist went from 34 inches to 31. After he rented equipment for a while, his wife surprised him with the gift of a total gym. "Now I have no excuse for being out of shape," he says. (source: Pittsburgh Tribune-Review)
