June 3 USA-----stay of impending federal execution Appeals court grants stay of execution for prisoner The 3rd U.S. Circuit Court of Appeals today granted a stay of execution for federal prisoner David Paul Hammer, his attorney said. Hammer, a 45-year-old Oklahoma native, was scheduled to be executed by lethal injection Tuesday at the federal prison in Terre Haute. Instead, he will get a chance to continue with a challenge in a trial court in Williamsport, Pa., attorney David A. Ruhnke of Montclair, N.J., said. Hammer has vacillated over whether he wants to fight his execution, and in January told a U.S. district judge that he did not want to appeal. The judge agreed, allowing him to waive any appeals. Hammer later changed his mind. Ruhnke argued last week before a three-judge panel that Hammer was being put to death just because the court heard him on a day he wanted to die. Department of Justice lawyers argued today that Hammer has been manipulating the system with his frequent flip-flops. They said the appeals court should abide by his January declaration. Ruhnke said he found out about the judges' decision this afternoon. "I think it's the right decision," Ruhnke said. Hammer pleaded guilty in 1998 to the 1996 slaying of cellmate Andrew Marti at the Allenwood Federal Penitentiary outside Williamsport, Pa., and a jury sentenced him to death. Hammer was in Allenwood serving a sentence for escaping from an Oklahoma state prison in the early 1980s. He had 1,223 years remaining on a sentence in that state for crimes including kidnapping and attempted murder. Ruhnke has said Hammer's confession on the day of the crime does not fit with the autopsy findings. He has suggested that Marti's strangulation death could have occurred accidentally during sex play. Marti was found tied to a bed, wearing boxer shorts and a shirt, Ruhnke said. Hammer, in his confession, said he killed Marti because Marti had disrespected him. Attorneys for Oklahoma City bombing conspirator Terry Nichols had hoped to call Hammer as a defense witness because of Hammer's claims that Timothy McVeigh had told him the names of others involved in the plot. Hammer served time with McVeigh on death row at the Terre Haute prison before McVeigh's execution in 2001. The judge in Nichols' trial, however, restricted defense testimony regarding such conspiracy allegations. Anti-death-penalty organizations had planned protests around the Hammer's scheduled execution date. Suzanne Carter, co-coordinator of the Terre Haute Abolition Network, said all anti-death penalty protests would be canceled, except for the planting of a lilac bush at a church. "This time, it's going to be a symbol of hope instead of a memorial," Carter said. Three men, including McVeigh, have been put to death by injection since the federal government resumed executions in 2001 following a 38-year suspension. All have been carried out at the Terre Haute prison. (source: Associated Press) CALIFORNIA: Sups Back Black DA in Death Penalty Controversy District Attorney Kamala Harris, under fire from some politicians for refusing to change her opposition to the death penalty in the case of a suspect charged with killing an undercover police officer, picked up key backing this week from the San Francisco Board of Supervisors. In response, Black community leaders were elated. Harris is the first Black Woman to be elected to the office of District Attorney in California state history. The Board of Supervisors voted 8 to 2 to support Harris, who is seeking life without parole for the suspect rather than capital punishment for the April 10 shooting of a police officer. "The whole Black community has rallied behind Kamala Harris," said Naomi Gray, a longtime community activist. "Most politicians say one thing and then do something else but she has stayed by her views (in opposing capital punishment). She didn't waiver. She's a role model for young Black women because she's very strong. We were just talking about this in Bayview Hunters Point." Gray also had sharp words for U.S. Senator Dianne Feinstein who had called for the death penalty during the funeral of the slain officer, Isaac Espinoza. "I would rather she had talked about getting all the guns out of our community," said Gray. The debate over whether or not the death penalty should be applied in the case of 21-year old David Hill, who is African American and without an adult criminal record, reached a new boiling point as the supervisors voted to support a resolution that had been sponsored by a number of supervisors including Chris Daly and Sophie Maxwell. Harris has already picked up support from the NAACP, the Black press, the San Francisco Bar Association, minority lawyers and the Service Employees International Union. Although local elected officials have been reluctant to further politicize the case and draw the ire of the powerful Police Officers Association, which has been pressing Harris to change her views, officials realize that most voters in liberal San Francisco are opposed to capital punishment. And pro-Harris sentiments are running particularly high in the Black community. Black community leader Espanola Jackson was among many speaking out this week: "When she ran for District Attorney she was endorsed by the Police Officers Association and she stated where she stood on capital punishment. She was not attacked at that time. These police officers were also in plain clothes and I don't believe this (shooting) would have happened had he (the victim) been in uniform. There's a lot of questions that still have to be answered. (A suspect) may have thought he was being robbed or someone was looking for drugs to take." Toye Moses, President of the African-American Democratic Club and Executive Director, Southeast Community Facilities Committee, was present at the Board of Supervisors meeting when the pro-Harris votes were cast. "I like what happened," Moses said. "I strongly endorsed this resolution." Moses said a growing number of people are opposed to the death penalty and for good reason. "You have innocent people who have been wrongly accused over the years and now you see more DNA testing coming out that has freed persons who are on death row," Moses said. Daly said only 2 people have received the death penalty in San Francisco in 40 years. The measure now goes to the desk of Mayor Gavin Newsom, who has strong support in the Black community which supported both his campaign and Harris (the 1st Black elected District Attorney in California) in the last election. Newsom has also spoken out against capital punishment. But not yet in this case. Rev. Cecil Williams of Glide Memorial Church said "this was without a doubt one of the most important votes ever taken by the Board of Supervisors... as a committment by (the District Attorney) not to engage in the death penalty. They recognized this is not only an important legal issue but an ethical issue and I'm happy they voted they way they did." (source: The Sun Reporter, San Francisco) ******************************* Hearing for prisoner on death row reopens 1985 trial evidence A 3-day hearing into claims that a death row inmate should be given the opportunity to do more tests on evidence in his 1985 murder conviction began in federal court here yesterday, with testimony about a bloody shoe print. Those claims won Kevin Cooper a stay of execution in February from the federal 9th Circuit Court of Appeal just 8 hours before he he was scheduled to be executed at San Quentin. The court recommended that additional DNA testing be conducted on blood found on a T-shirt worn by Cooper to determine if San Bernardino sheriff's detectives planted it. The court also requested tests on hairs found in the hands of one of the victims. And Cooper's lawyers claimed that prosecutors did not turn over information about an incriminating shoe print during his murder trial that they said could help exonerate him. Cooper was tried in San Diego for the 1983 slayings of Douglas and Peggy Ryen, their 10-year-old daughter, Jessica, and an 11-year-old guest, Christopher Hughes, in their Chino Hills home. The four were killed with a knife and a hatchet. Josh Ryen, then 8, survived after having his throat slit. Because of extensive pretrial publicity, the case was moved to San Diego. Cooper had escaped from the state prison in Chino 2 days before the June 1983 killings. He hid out in a vacant house near the Ryens' home before the slayings, according to testimony. At the hearing before U.S. District Judge Marilyn Huff, the warden of the prison at the time, Midge Carroll, testified she called someone at the sheriff's office during the trial when she read and heard news reports about the shoe print. The bloody print was from a Pro Keds tennis shoe. At trial, prosecutors said the brand was not available to the general public but sold to prisons and other government agencies. Carroll testified she had her staff check out that claim and was told the brand was readily available at retail stores like Sears and was not specially made for prisons. Carroll could not recall whom she spoke to. There is also no record of the call or report, said Deputy Attorney General Holly Wilkens, who is representing the state. Under questioning from Wilkens, Carroll also said she was told that there were no special-order tennis shoes purchased by the prison. She also said she did not talk to prosecutors or defense lawyers about her concerns at that time. Asked why she remembered the conversation so clearly now, Carroll said that she was surprised at the reaction from law enforcement. She said she felt brushed off by the sheriff's official. Another witness, a national sales executive for the company that owned the shoe brand at the time testified that the Pro Keds shoe Cooper was wearing was not sold by major retailers. Don P. Luck testified that the shoe was sold to government institutions nationwide. He said he could say "with almost 100 percent certainty that the shoe was never sold by major retailers in this part of the country." Prosecutor Wilkens said after the hearing that the defense team at Cooper's trial was provided with numerous contracts showing that the Chino prison had purchased the shoes before Cooper escaped. She also said Cooper himself testified at the trial he was wearing Pro Keds the night of the slayings. The rest of the hearing will focus on the DNA issues. Defense lawyers contend further testing on the blood could reveal the presence of a chemical used to preserve blood that would show the blood was planted. Further testing on the hairs - which don't belong to Cooper - could point to other suspects. Prosecutors argue the evidence against Cooper is overwhelming. The hairs probably came from the victims themselves, they contend. In addition, his DNA was found on the bloody T-shirt, on a blood drop found inside the home, and on cigarette butts found inside the family's stolen car, they said. (source: San Diego Union-Tribune) FLORIDA: Franklin gets death penalty plus life sentence A convicted murderer Thursday received the death penalty and a life sentence without parole for the 2001 death of a 61-year-old man. The life sentence, to be served consecutively after the death sentence, was added to the 6 other life sentences Quawn Moses Franklin was already serving. Franklin, 27, appeared before Judge Mark J. Hill in the Lake County Judicial Center to hear of his fate for the slaying of Alberta Crate and Box security guard Jerry Lawley on Dec. 29, 2001. Franklin made Lawley lie face down on the ground before shooting him in the back, police said. Lawley managed to seek help and describe his assailant before dying the following day from the gunshot wound. Wearing the jail's orange jump suit and with his legs and hands in shackles Thursday, Franklin appeared for the five minutes it took for Hill to read his decision. Occasionally bowing his head, Franklin listened as Hill told him he would be sentenced to life in prison for the charge of attempted armed robbery and to death for the 1st-degree murder of Lawley. Franklin's previous criminal history was taken into account during his trial, in which the jury delivered a 12-0 recommendation he be put to death. They took into account aggravating circumstances such as the murder being "cold and calculated and premeditated" and for financial gain as he tried to rob Lawley. During Franklins trial, it was determined the murder was premeditated; Franklin wore gloves to ensure there were no fingerprints, but did not cover his face or try to hide his vehicle from Lawley. Franklin had already been sentenced to 6 consecutive life sentences after being convicted of killing Papa John's delivery man John Horan Dec. 18 or 19 of the same year and assaulting 77-year-old Alice Mae Johnson of Leesburg just days before Lawleys death. Prosecutors said Franklin then ate the 3 pizzas stolen from Horan. Police said Franklin broke into Johnson's home and stole her car, but not before beating her on the head with a hammer and leaving her to die. Police said pieces of Johnson's skull were broken off and near her brain. She now uses a wheelchair and lives in an assisted living facility, according to Assistant 5th Circuit State Attorney Bill Gross, who prosecuted the case. Lawley was killed a few days after the attack on Johnson. Pamela McCoy, 16, who was 13 at the time and with Franklin when he shot Lawley, was convicted of being Franklin's accomplice and is now serving a 35 year sentence in Ocala, Gross said. After Franklin's sentencing, Gross said he was "satisfied that justice had been done." He said Lawley's family lived out of state and did not attend the sentencing hearing. "A lot of stuff didn't come out in the trial. The night of the murder he and Pam went to St. Petersburg in Mrs. Johnson's car. We found a receipt from Bennigan's in the car, complete with a law enforcement discount," Gross said. He said the discount was nothing to do with law enforcement, but that Franklin's father worked there and gave him an employee discount. Franklin and McCoy had also stopped at Walgreens to purchase some drinks along the way. "He had been locked up since the age of 16, except for those three months," Gross said. Franklin had served 8 years of a 10-year sentence in an adult prison for robbery, according to court documents. He was released after 8 years and 3 months in 2001. 3 months later, Johnson was beaten and Lawley and Horan were dead. "He had only been out of prison for 3 months, but in those 3 months he left devastation for a lot of families," Gross said. "He has killed 2 people and put a lady in a wheelchair." "It's clear that looking at the defendants background, death was the only appropriate sentence," he said. Gross said the case was overwhelmingly easy for the prosecution, since Franklin had confessed. "On the other hand, he showed his remorse after killing Mr. Lawley by going to Bennigan's to celebrate and smoking marijuana," he said. "If you look at the carnage he has left in his wake in such a short time, he is one of the worst. It is hard to compare one to another, but its awful," Gross said. Franklin was transported to death row immediately following the hearing. Gross said he expected Franklin to end up in the state penitentiary in Starke. (source: Leesburg Daily Commercial)
