June 15


OHIO:

Viewing Capital Punishment


Assistant State Public Defender Steve Ferrell believes Ohioans should be
allowed to see executions when they are carried out, either in person or
on TV. Ferrell claims more Ohioans would rethink their position on the
death penalty if they could actually wintess a human being killed.

Ferrell watched the execution of Clevelander Lewis Williams earlier this
year, and believes more Ohioans would oppose capital punishment if they
knew what it involved. Ferrell thinks most Ohioans approve of the death
penalty because they are removed from it. Williams struggled as he was
being put to death, and it made headlines around the world. Ferrell says
Williams received the death penalty because his lawyer failed to show that
he was severely abused by his parents as a child.

Ferrell says he is opposed to capital punishment because it is mostly
given to the poor, who can't afford good lawyers.

(source: WKKJ News)






ARIZONA:

Prosecutors to seek death penalty in Sedona double-murder case


Coconino County prosecutors have decided to seek the death penalty against
an Oak Creek man accused of the Feb. 18 murder of a Sedona couple.
According to court documents filed Friday in Coconino County Superior
Court, prosecutors are seeking the death penalty on 5 grounds against
Timothy L. Alcorn, 28.

Alcorn is accused of murdering Lawrence Birkner, 54, and his wife, Ruth
McIntyre-Birkner.

According to information released by Sedona authorities, the bodies of the
Birkners were found in their home, which is located in Coconino County, on
Feb. 18. They died from blunt-force trauma to the head. The house had been
ransacked, and the couple's 2 cars were missing.

Prosecutors are seeking the death penalty for the following reasons,
according to court documents:

1. That Alcorn has been or was previously convicted of a serious offense.

2. That Alcorn committed the offense in order to receive items of monetary
value.

3. That Alcorn committed the offense in an "especially heinous, cruel or
depraved manner."

4. That Alcorn committed the offense while on release from prison or jail
or while on probation for a felony offense.

5. Alcorn has been convicted of one or more other murders that were
committed during the incident.

Timothy Alcorn was arrested in Phoenix the day after the couple's bodies
were discovered. One of the Birkner's vehicles, an Acura, was in the
parking lot of a motel in which he was staying.

Two other people were arrested in the case, Robert D. Alcorn, 30, brother
to Timothy; and Timothy Robinson, 21.

Robert was also arrested the same day as his brother by U.S. Customs and
Border Protection officers. Robert had been driving the Birkners' BMW into
Arizona from Mexico.

According to indictments handed down in the case, Timothy Alcorn; his
brother Robert Alcorn and Robinson are each accused of various crimes in
connection with the case. Only Timothy Alcorn is accused of murder.

The three have been charged with the following:

T. Alcorn: 1st-degree murder (2 counts), armed robbery (2 counts),
kidnapping (2 counts), burglary, auto theft (2 counts), conspiracy to
commit auto theft, trafficking in stolen property, conspiracy to commit
trafficking in stolen property, theft of a credit card, fraudulent use of
a credit card;

R. Alcorn: Trafficking in stolen property, conspiracy to commit
trafficking in stolen property;

Robinson: Hindering prosecution, conspiracy to commit auto theft.

The Birkners had been Sedona residents for approximately a year and a half
before their deaths.

(source: Arizona Daily Sun)






NORTH CAROLINA:

Former death-row inmate pushes halt to executions


When Alan Gell was first sentenced to death 9 years ago for a murder that
he didn't commit, his mother told him to have faith in both North
Carolina's judicial system and God.

Gell, 29, said his mother was usually right but that particular advice was
wrong.

Although he was exonerated in February and released from prison, he no
longer has faith in the judicial system, he said.

But he does believe he experienced life on death row for a reason, which
is why he is traveling around North Carolina and telling his story. Monday
night, he was in Jacksonville.

Gell spoke at First Baptist Church on Broadhurst Road and urged the more
than 100 people who attended to ask legislators to vote for a moratorium
on executions.

"Ultimately, I kept my faith in God," Gell said. " I believe all things
happen for a reason. I did have to see some ugly things in our justice
system, and I've seen some ugly things since I got out. But I think God
allowed me to see things so that I can make changes. I don't want another
person to go through what I went through."

Gell was convicted of the 1995 murder of retired truck driver Allen Ray
Jenkins in Aulander. Gell maintained his innocence for 9 years. He was
convicted based on testimony by two teenage girls.

Once he was convicted, Gell had access to his files. He discovered all the
evidence that was never brought out in his trial. He realized that the
prosecution knew he wasn't the person who killed Jenkins, he said.

"I knew if that was all in the file, they had to know that I didn't do
it," he said. "I had to ask what did I ever do to them that they wanted me
dead. I still have no answer for that."

The state Senate approved a 2-year moratorium on executions last year so
the issue could be studied. It must still be approved by the House.

Stephen Dear, the executive director of N.C. Moratorium Now campaign, also
spoke Monday. He said the goal is to get state House co-speakers Jim Black
and Richard Morgan to bring the issue up for vote this year.

"The evidence is clear that there are serious lethal problems," Dear said.
"We need to stop and look at what's going on."

The moratorium wouldn't stop capital cases from going to trial. Juries
could still dole out the death penalty. The moratorium would stop
executions until issues, such as the quality of attorneys representing
clients in capital cases, the patterns of racial bias, the error rate, the
defendants access to evidence and eyewitness testimony are studied.

In October 2001, Gov. Mike Easley commuted Robert Bacon's death sentence
to life imprisonment. Bacon, who was convicted of the 1987 murder of
Marine Staff Sgt. Glennie Clark in Onslow County, spent 14 years on death
row.

Easley never commented on why he granted Bacon clemency. But death penalty
opponents claimed that race was a factor in determining Bacon's sentence.
Bacon, who is black, was convicted and sentenced by an all-white Onslow
County jury. His co-defendant, Bonnie Sue Clark who was the estranged wife
of the murder victim, was also convicted of first-degree murder. Bonnie
Sue Clark, who is white, was given a life sentence by a Duplin County
jury.

Gell said there are other people sitting on North Carolina's death row
that shouldn't be there and if his speaking out keeps one innocent person
from dying, it's worth it.

"For me it will finally be some closure to know the system is working
better," he said.

(source: Jacksonville Daily News)







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