June 4 COLORADO: DA won't seek death penalty in Amaya case District Attorney Mike Davidson announced yesterday that he will not seek the death penalty in a Prowers County District Court case in which 33-year-old Rebekah Amaya is charged with 2 counts of 1st degree murder. The charges stem from the October 16 drowning death of Amaya's 2 children, Grace Headlee, who was then four years old and Gabriel Amaya, who was then only 6 months old. The Prowers County Coronor's office ruled the cause of death was by drowning following autopsies performed by the El Paso County Coroner's office. The children were found dead in the bathtub in the family residence at 705 S. 6th Street in the late afternoon of October 16, 2003. According to a news release issued by the District Attorney's office late yesterday, Davidson's decision not to seek the death penalty was based on a thorough review of the investigation to date, the statutory aggravating and mitigating factors, and input from the fathers of the children. Rebekah Amaya was arrested October 18 in a Colorado Springs hospital after District Judge Stan Brinkley issued an arrest warrant. Amaya had been transferred from Prowers Medical Center to a Colorado Springs hospital for treatment of an apparent overdose. After being housed briefly in the Prowers County Jail, she was transferred to the Colorado Mental Health Institute in Pueblo (CMHIP) and was held there temporarily. After District Judge Douglas Tallman ruled that probable cause had been shown in a March 31 preliminary hearing, Amaya's attorney Tad Overturf entered a plea of not guilty by reason of insanity of her behalf. Tallman then ordered that she be transported to CMHIP for evaluation. Amaya now faces a June 30 hearing before Judge Tallman for receipt of a report on the CMHIP evaluation. In the March 31 hearing, Tallman denied a motion requesting that bond be set, and ordered that Amaya be held without bond. (source: Lamar Daily News) ARKANSAS: Death Penalty Abolition Week event examines homicide case Imagine ending up on deathrow just for wearing black nail polish. This is essentially the case of the Damien Echols, 18, one of the group of 3 teenagers imprisoned in Arkansas, for a brutal triple homicide of 3 8-year-old boys. Echols, Jessie Misskelly and Jason Baldwin, "The West Memphis Three," were tried and convicted of this case based solely on circumstantial evidence. Echols remains on deathrow, while the other 2 serve life sentences. Last Thursday's discussion of what happened in the Robin Hood Hills, West Memphis, AR, was the final event in Seattle Universitys 3rd annual Death Penalty Abolition Week. A small group of students came out of the rain to listen to and discuss the story of 3 teenage males convicted of homicide by Judge David Burnett, because they were different. Chris Knowles, Amnesty International and senior psychology and English major, facilitated the discussion entitled "The West Memphis Three: A Modern Day Witch-Hunt." Knowles feels adamantly that this case deserves to be reexamined. She discussed it last year during DPA week and again this year with added excerpts from the HBO documentary-film about the case, "Paradise Lost." She began the discussion by briefing the audience on the case and introducing the major players, such as West Memphis police inspector, Gary Gitchell. She explained her case study, pointing out "how the court system is flawed." On May 5, 1993, the 3 8-year-old boys disappeared while riding their bicycles in the Robin Hood Woods of West Memphis, just across the Mississippi River from Memphis, Tenn. The next day their mutilated bodies were discovered and rumors regarding the nature of their murders began to spread, rapidly, through the predominantly Baptist community, typically described as being "the buckle of the Bible Belt." Police began questioning suspects. They were teenagers suspected of involvement in satanic rituals. Stories in the local papers were fed by the communitys shock, outrage and need to find a perpetrator. After a month no arrests had been made, and the community was livid. Police brought in Misskelly, 17, who was "operating below average intelligence" and was a known acquaintance of Echols. His parents were not notified nor were his Miranda Rights read. After 8 hours of questioning a 7-minute statement was recorded. The statement pointed the finger at Echols, Baldwin and Misskelly. The film showed actual footage of the questioning and hearings of these teenagers including what the community used to convict them: Pentagrams painted on an abandoned building, wearing black nail-polish and black T-shirts, listening to heavy metal music, involvement with Wicca, the murders coinciding with the ritual of Beltane, and "being different." As one of the mothers of the slain boys said in the film, "Just look at em . . . just look at em. They're punks." The film gave insight to the mentality of the town, their judicial system and their sense of justice. "No one in this situation denies that the crime was heinous, but it is the way the legal system handled it," explained Knowles. "This is about scaring the boys to confess." The prosecution poorly followed up on any other leads. "The police system broke the law, Jessie Misskelly keeps getting put in line for the appeals process--but he is just dealing with the same judges," said Knowles. "Nothing is happening." Knowles explained how, through her case study, she sees evidence that the case against the West Memphis Three was premeditated. "If the police targeted Misskelly for his association with Echols, they targeted someone to evoke a confession." She and many of the people in the audience are appalled how poorly the prosecution is handling the information, such as mistaking bite wounds for cuts from a serrated knife. The post discussion focused on how or why police never investigated other leads, or delved deeper into a possible case against the stepfather of one of the victims. As Knowles explained the details, listeners grew increasingly dismayed about the case, many stayed after the discussion to talk about this case and how the death penalty is not a viable solution. "We think we are so morally righteous, but what is happening in Iraq is a perfect example," explained Dominque Bourge, sophomore English major. "I think this case is one of the biggest travesties, but these things happen all the time, especially in the South. They [the judge and the prosecution] wouldnt even listen to the defense." "This program challenged me to consider the impact of prejudice on the justice system," said Andy Farnum, senior philosophy major. "Also, I am very impressed with Chris Knowles' leadership with Amnesty International and her work of the advocacy of human rights. The unsettling case of the "West Memphis Three" has garnered major media attention worldwide. The BBC called this case, "one of the most troubling cases to pass through the American justice system in recent times." There have been various fundraisers and after the release of Paradise Lost in 1996 Eddie Spaghetti, lead singer of the Supersuckers, put together a compilation CD dedicated to the cause. The CD, entitled "Free The West Memphis Three," features performers such as Joe Strummer, Tom Waites, Eddie Vedder and the Murder City Devils. Currently, there is another film about the case in production, "The West Memphis Three," in which Michael Madsen plays Gitchell, and Micheal Pitt plays Echols. Alex Steyermark directs the film. Knowles asks, "if an innocent 18-year-old is in line to be put to death, is the death penalty correct?" Currently Arkansas, like Washington State, is one of the 38 states to uphold the death penalty. As the discussion ended Knowles' reminded the audience that if they come into any money, the Free the West Memphis Three Support Fund is a great cause to support. (source: The Seattle University) Spectator) CALIFORNIA: Date Set To Sentence Child Killer--Jury Convicts Erskine In Less Than 3 Hours A man who faces the death penalty for torturing, molesting and killing 2 young boys will be sentenced by a judge July 28, it was decided Friday. On Wednesday, a jury recommended the death penalty for convicted child-killer Scott Erskine. A previous jury deadlocked 11-1 in favor of the death penalty last October. It took the new jury less than 3 hours to reach a unanimous decision. Erskine, 41, was convicted of 2 counts of 1st-degree murder and the special circumstance allegations of torture and molestation in the deaths of Jonathan Sellers, 9, and Charlie Keever, 13. The boys had been riding their bicycles near the Otay River in Palm City in 1993 when Erskine either "lured them" into a homemade fort or "surprised them" upon finding it, Deputy District Attorney Valerie Summers said during the penalty-phase retrial, which began April 19. Erskine was linked to the crime by DNA found in Keever's mouth. Erskine's DNA was also found on 2 cigarette butts he left on the ground outside the fort where the boys were killed. Superior Court Judge Kenneth So will convene an evidentiary hearing July 26 regarding constitutionality of the death penalty. The sentencing is scheduled to take place after that ends. Defense attorney Larry Ainbinder argued that the United States is "out of step" with the global community in allowing the "barbaric" punishment such as the death penalty. Ainbinder and co-counsel also told the judge they have informed their client not to speak with a probation officer prior to sentencing, as is the normal practice. The mothers of the victims, Maria Keever and Milena Sellers, did not attend today's hearing. (source: NBC News San Diego)
