June 30


ARIZONA:

Suspect faces death penalty in shooting


Prosecutors will seek the death penalty for a man accused of killing 2
businessmen who were his longtime friends.

Howard Collin Fisk, 32, faces 2 counts of 1st-degree murder and one count
of burglary in the April shooting deaths of Martin Garcia and Paul Chait.
The three men had been friends since high school, but Garcia and Chait
were estranged from Fisk, who allegedly struggled with crystal
methamphetamine, according to court records.

Fisk appeared in Superior Court on Tuesday for a trial management
conference. But the proceedings took an unexpected turn. The County
Attorney's Office filed notice Monday that it would seek the death
penalty.

The case had been assigned to Judge Andrew Klein, but Klein only began his
rotation as a criminal court judge on Monday. Though it's not an official
policy, Superior Court judges with less than a year's experience handling
criminal cases generally defer capital cases to more experienced judges.

Judge Eddward P. Ballinger Jr., the presiding criminal judge, was called
to handle the conference, and he reassigned the case to Judge Warren J.
Granville.

Fisk's public defender told the court that she would need at least 18
months to prepare her case for trial.

Garcia, 33, was president and chief executive of a company that arranged
for trucks that haul produce. Chait, also 33, worked for Garcia.

On April 27, Fisk allegedly burst into their office near 32nd Street and
Greenway Road in north Phoenix and shot them to death.

(source: Arizona Republic)






NORTH CAROLINA:

Former death row inmate speaks at forum on death penalty moratorium


Today is Alan Gell's 30th birthday. It's his first one in a decade not
spent behind bars. And it's one he thought he might never see.

Gell spoke of his experiences as an innocent man on death row Tuesday
night at a forum held at Lenoir Community College sponsored by the N.C.
Coalition for a Moratorium.

"With 190 people on death row in North Carolina, it's very likely that
someone - even one person - is innocent tonight," Gell said. "Even if it's
just one person, then a moratorium is worth it, no matter what it takes."

The coalition is calling for a two-year halt to executions - just the
physical act - for the General Assembly to study the capital punishment
system currently in place and find ways to prevent innocent people from
being put to death. If a moratorium passed, people could still be
sentenced to death and death sentences could still be appealed as normal.

Pro-moratorium attendees said that the study could try to address issues
such as inadequate legal defense, the higher concentration of minorities
on death row and the larger concentration of death row convictions that
come out of rural areas.

The coalition is calling for the state House of Representatives to vote in
favor of a moratorium, a measure already approved by the Senate.

"We know we've got the votes to get it done," said Rose Clark of Kinston,
whose brother, Earnest Basden, was executed by the state in 2002. "But we
have to get the speakers of the house to call it to the floor for a vote."

That's going to be the biggest challenge, said Mary Pollard, the attorney
who helped free Gell from prison. Pollard said that co-speakers Jim Black
and Richard Morgan are being reluctant to call attention to what they feel
is a controversial issue, especially in an election year.

Some in the audience dismissed the need for a moratorium, and one man
pointed to Gell's release as proof that the system does in fact keep
innocent people from going to prison.

Gell shook his head.

He talked about his own experience and that of Darryl Hunt, a man who
spent nearly 2 decades in prison before DNA evidence exonerated him of a
rape and murder conviction.

"This is a frustrating this to answer," Gell said. "People say I'm free
and the system works. It didn't work 9 years ago when it sent an innocent
man to prison or 19 years ago when it sent Darryl Hunt to prison."

Clark later said that a moratorium was needed even if there's the
possibility of one innocent man being put to death.

"My brother is dead. And there's nothing going to change that," Clark
said. "And even if he were proven innocent now, it still wouldn't bring
him back. A moratorium is just 2 years. What's 2 years of our lives?"

One audience member asked Gell what he would consider fair compensation
for the 9 years he lost.

"The only, the highest payment I could receive for my years on death row,"
Gell said. "would be if everyone here tonight called their legislators and
asked them to support this moratorium."

(source: Kinston Free Press)






VIRGINIA:

The state will seek the death penalty against Glenn Isaac Goins.


The 22 year old man is accused of murdering at least 2 women, including
one at his mother's Johnson City home in January.

District Attorney General Joe Crumley says the choking death of 24 year
old Amanda Wood and her unborn child warrants such a strict punishment.
Goins is charged with 1st degree murder and abuse of a corpse, but he`s
reportedly confessed to 4 slayings.

Goins is scheduled to be back in court July 16th.

(source: WCYB News)






CONNECTICUT---re: federal death penalty trial

Convicted Killer Could Face U.S. Death Sentence---- Federal Jury Must
Decide Whether To Call For Execution


Wilfredo Perez could become the 1st Connecticut convict on federal death
row in decades, after a jury Tuesday convicted him of 4 murder- related
charges in the 1996 hired hit of fellow Hartford drug dealer Teddy
Casiano.

At the utterance of the 1st guilty verdict, Perez dropped his head
dramatically. After the jury forewoman pronounced the fourth guilty
verdict, he sank into his chair at the defense table and buried his head
in the crook of his right arm. He was trembling and appeared to be crying,
but made no sound. Defense lawyers Richard Reeve and Michael Sheehan each
laid a hand on his shoulders.

Perez, 37, did not look up as each of the jurors - nine women and three
men - was polled and agreed with the verdict. Most of them appeared
stressed, but all were composed. They will return to the same courtroom
Thursday to begin hearing evidence on whether Perez should be sentenced to
death.

Perez's case is the first to reach a federal death penalty hearing in
Connecticut since Congress a decade ago passed legislation adding 60
crimes to what had been a relatively short list of offenses punishable by
death. Dating at least to 1927, no one from Connecticut has been on
federal death row.

Bridgeport drug lord Luke Jones last year was to have been the first to
face such a hearing, but Senior U.S. District Judge Alan H. Nevas in
November ruled out the possibility of a death sentence. Nevas said the
murder that exposed Jones to the death penalty was committed not to
further his drug trade; rather, it was in response to a perceived act of
disrespect by someone at a party who didn't even deal drugs.

Perez was convicted on the basis of testimony by co-conspirators, chief
among them his former confidant and drug-runner, Ollie Berrios. Berrios
was not charged in the dramatic, daylight killing of Casiano, although
according to his own testimony, he was the one who sought out a hit man
and arranged the killing. In addition, Berrios could get a reduction in
his 11-year drug sentence in exchange for his cooperation on this and
related cases.

The final trial stemming from the Casiano killing - that of alleged
hit-man Fausto Gonzalez - is scheduled to begin in September.

Sheehan and Reeve declined to comment, as did Assistant U.S. Attorneys
David Ring and Shawn Chen.

Attorney Robert M. Casale, who represented Jones and now represents
Gonzalez, said it was troubling to him that "people get convicted on
nothing more than rats" testifying against them. "Berrios was the prime
mover. He set the whole thing up."

But Casale predicted that the jury would not return a death verdict,
basing his opinion on the length of time - nearly 5 full days - jurors
spent deliberating whether Perez was guilty.

"I can't see them returning a death verdict," Casale said.

Perez and Casiano grew up together in Hartford and for a time were close
friends. Before Casiano went to prison in the early 1990s for bank
robbery, he gave Perez money to start a drug trafficking operation. When
Casiano left prison in April 1995, his first stop was to see "Wil" at
Perez Auto on Newfield Street, and Perez helped him get some equipment to
start a tattoo parlor, according to Berrios' testimony.

Casiano got by doing odd jobs and dealing drugs. He threw most of his
energy into bringing some structure and discipline back to the Savage
Nomads street gang, which he ran. The stress fractures in his friendship
with Perez soon followed, according to testimony.

Perez accused Casiano and his fellow gang members of selling drugs at the
Hourglass Caf on Park Street in Hartford, which Perez considered his turf.
Casiano in turn accused Perez and his brother Jose Antonio "Tony" Perez of
not contributing more of their drug proceeds to the Savage Nomads. Casiano
ratcheted up the tension when he kidnapped Berrios at gunpoint, and
subsequently stole 1-1/2 kilograms of cocaine and $20,000 belonging to
Perez in the fall of 1995, according to testimony.

It wasn't clear from the testimony what drove Casiano's killing more -
Berrios' humiliation or Wilfredo Perez's concern they would be robbed
again. Berrios, who had already made contact with Gonzalez in the Bronx
through a friend, brought him to Perez Auto on May 24, 1996.
Co-conspirator Mario Lopez drove his green Kawasaki motorcycle from the
Bronx to Perez Auto.

There was some confusion in the testimony on whether it was Tony or Wil
Perez who phoned Casiano to lure him to the garage, and the jury acquitted
Wilfredo Perez of using an interstate facility - a phone - to arrange the
murder.

Casiano arrived at the garage about noon, spoke to Wilfredo Perez briefly,
then left. Gonzalez and Lopez followed on the Kawasaki, with Lopez
driving. While Casiano's car idled at a red light at the busy intersection
of Newfield Street and New Britain Avenue, Lopez pulled alongside and
Gonzalez fired repeatedly into Casiano's car and body. Casiano's car
drifted across the intersection and came to rest in a plaza opposite
Newfield Street, according to testimony.

Berrios testified that Perez gave him $6,000 cash in a paper bag just
prior to the killing to pay Gonzalez. It was the price Gonzalez had named,
Berrios said. The killing remained unsolved for years, until a federal
grand jury began piecing together evidence after several major drug busts.
Perez wasn't indicted on the murder charges until 2002.

Perez was convicted of conspiracy to commit murder for hire, helping
arrange interstate travel to commit murder for hire, committing a violent
crime in aid of racketeering [commonly known as a VICAR offense] and
causing death by use of a firearm during a crime of violence. Each of
those convictions exposes him to a possible death sentence. He already is
serving a 22-year federal sentence for drug possession.

(source: Hartford Courant)



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