July 25
TEXAS:
A standout on parole board votes
One of the more independent minds in Texas these days belongs to Charles
Aycock, a lawyer from the tiny Panhandle town of Farwell.
Aycock is one of six members of the Texas Board of Pardons and Paroles.
In the past few months, Aycock has distinguished himself by being the sole
dissenting vote in 2 death-penalty cases.
In May he was the only board member to vote against recommending clemency
for Kelsey Patterson, who had a long history of treatment for paranoid
schizophrenia before and after his crime.
Patterson shot two men to death at an oil distribution company, then
walked back to his house 100 yards away, stripped down to his socks and
stood in the street until the police arrived. No motive for the murders
was discovered.
While Aycock was out of tune with his fellow Pardons and Paroles board
members in the 5-1 vote, he wasn't out of the political mainstream.
Gov. Rick Perry rejected the board's recommendation and authorized
Patterson's execution.
Barely a month later, Aycock was the "one" in another 5-1 vote. He was the
only board member to recommend clemency, in the form of commutation to a
life sentence, for David Ray Harris.
'Let's roll'
Harris had gained notoriety as the murderer whose false testimony put an
innocent man, Randall Dale Adams, on death row. The story was told in the
1988 documentary The Thin Blue Line, and Adams was eventually released.
But Harris wasn't on death row for that murder. He was set to be executed
for killing a man in a shootout during a botched burglary.
This time, Perry disagreed with Aycock, and Harris was executed.
His last words were, "Sir, in honor of a true American hero: Let's roll.
Lord Jesus receive my spirit. I'm done, warden."
What intrigues me about Aycock is the thought process that led him to vote
to spare Harris after voting to execute Patterson.
In Aycock we're not talking about a flake. He served as county attorney
for 23 years, and several years ago he was president of the State Bar
Association.
Unfortunately, though he commented on the Patterson case with a reporter,
he declined to discuss the Harris case.
In the case of Patterson, the schizophrenic, Aycock told my colleague
Janet Elliott that he focused on a "narrow issue to determine if he was
competent to understand he was being executed."
He said various courts had addressed that question and found Patterson was
competent.
"I based my decision on that," he said.
Perry cited the same court decisions.
Clues for clemency
Since Aycock won't comment on the Harris case, we can only look to Harris'
appeal for clemency for clues, an appeal he wrote himself.
In 18 years on death row, an articulate man had grown out of the violent
young drunk he had been. In 22 pages, he described a youth as a victim of
sexual abuse and perpetrator of crimes, often under the influence of drugs
and alcohol.
Was Aycock swayed by Harris' description of a murder that was not
cold-blooded?
Harris said in the crime for which he was convicted, he thought the home
he burglarized was empty. When he found a sleeping couple, he panicked,
grabbed the wife and fled with her as a shield. He said he shot and killed
the husband after the husband shot and hit him.
Was Aycock impressed by Harris' death row conversion to Christ, his
earning of an associate's degree in theology from Calvary Bible Institute?
Or was it a passage that directly addressed Aycock's statement on the
Patterson case?
Quoting Aycock from Elliott's article without naming him, Harris wrote: "I
respectfully submit that clemency decisions are not about whether the
person facing death has had his case reviewed by one court or ten courts.
Clemency is not about a rigid legal standard or even a legal standard
capable of articulation. Rather, it is about mercy." (Emphasis his.)
In a state that reveres mavericks, Aycock deserves respect for both his
votes. It's a pity, though, that we know his thinking only in one.
(source: Houston Chronicle)
*****************
Indigent defense funds run low
Bexar County has already burned through the $3.4 million it set aside this
year for lawyers to represent poor defendants in felony cases, igniting a
debate among judges, prosecutors, attorneys and county officials over new
ways to pay for indigent defense costs in the future.
Although an exact figure has not been determined, court administrators
estimated Wednesday they'll need about $1.2 million before the end of
September to pay lawyers for indigent clients. County staffers predict the
cost could reach $10 million within two years. The shortfall has whipped
up discussions about two possible solutions: putting defense work up for
bids or establishing a public defender's office in Bexar County.
Both ideas have strong critics, but county commissioners frustrated by
escalating costs are pushing for alternatives to the current system.
A request for bids from private law firms, which would exclusively handle
indigent cases, could come within a month, said one official. And a task
force will study public defender's offices in other counties.
But defense attorneys, prosecutors and even some local judges have already
expressed opposition to the proposals, claiming that both would
shortchange the constitutional rights of people who can't afford to hire
an attorney.
"If they're going to adequately provide a staff, a budget and adequate
training, and it's going to be made up of experienced attorneys with
reasonable pay, then sure, it's a great idea," said John Convery,
president of the San Antonio Criminal Defense Lawyers Association.
"But if they are looking at this purely as a cost-cutting measure by
contracting this out to the lowest bidder, then you're going to end up
with an overburdened plea mill. Then, all the people in Bexar County are
going to suffer," he said.
Convery rejected the notion that an underlying concern from defense
attorneys is that either proposal would crimp their business because
indigent defense work typically accounts for less than 20 percent of most
attorneys' case loads.
In Bexar County, indigent cases are mostly assigned through a judge's
coordinator, who uses a rotation pool of private attorneys. But the
relatively low pay often deters big-gun attorneys, who would rather
concentrate on their paying customers.A more politically volatile idea,
sure to spark a territorial confrontation, has been mentioned by County
Commissioners Lyle Larson and Robert Tejeda. They have said the county
should begin assigning individual budgets to the judges who appoint the
lawyers. Or at least, they should keep a closer eye on their spending.
"Are judges still considered sacred cows in this town?" Tejeda asked
earlier this year.
Debate about finding a different system began emerging in late April, when
the county's budget director warned that the current indigent defense
budget, set at $6.7 million for juvenile, misdemeanor and felony cases,
would go bust before the fiscal year is over.
Most attribute the rising costs to a 2001 state law that raised the
standards of public defenders. It was a response to a study by the
nonpartisan Texas Appleseed Fair Defense Project, which concluded that
indigent defendants in Texas frequently get poor legal representation.
To finance the tougher standards, local district judges voted last year to
increase fees for their pool of appointed attorneys. Under the old fee
system, a lawyer got $400 for a first-degree felony plea. The new fee
schedule pays $750 for the same work. Lawyers are paid on an hourly basis
if a case goes to trial.
Today, lawyers are paid from $100 for a jail visit to $15,000 for a death
penalty case. About 8,000 court appointments have been made this fiscal
year, and at least one capital murder trial could begin before the new
fiscal year begins, said Court Administrator Melissa Barlow-Fisher.
County Judge Nelson Wolff and nearly every member of the Commissioners
Court blame state lawmakers for the financial quandary and have assailed
the law as an unfunded mandate on counties.
Bryan Wilson, of the Austin-based Texas Task Force on Indigent Defense,
said it's too early to analyze the full financial effects of the Texas
Fair Defense Act, more commonly referred to as Senate Bill 7.
He said many Texas counties have been affected differently, depending on
their size and poverty rates. Much as in Bexar County, commissioners in
larger counties are only beginning to explore how to keep costs down while
maintaining quality legal representation, he said.
Many of those commissioners look to the counties of Colorado, Webb,
Dallas, El Paso and Wichita, which have public defender's offices.
El Paso County created its office in 1987 to help settle a lawsuit that
claimed jail inmates were being incarcerated for too long without a
lawyer. The office, which comprises 30 attorneys and two division chiefs,
handles 55 % of all indigent cases. The rest are assigned to private
attorneys.
Last year, the county spent $2.9 million for the office, which handled
8,551 cases, an average of $348 per case. Altogether, the county spent
$8.5 million on 24,131 indigent defense cases last year.
But prosecutors have warned against establishing a public defender's
office in Bexar County, saying it will ultimately cost taxpayers more
money.
"The county would be required to provide the same amount of funds to the
public defender's office as they would my office," said District Attorney
Susan Reed. "In the end, I don't think it's going to necessarily be a
cost-saving thing."
County officials have put together a task force to explore all the ideas
discussed so far, including the possibility of starting a small public
defender's office that would take only juvenile cases.
Proponents of privatizing defense work said it would eliminate the cost of
employee benefits and office space, while not creating another
bureaucratic office. Opponents say it's ripe for cronyism and fear it will
be run by law firms more interested in the bottom financial line than in
zealously representing the poor.
County commissioners are expected to begin discussing options at Tuesday's
regular meeting.
(source: San Antonio Express-News)
*****************
TRACY BEATTY TRIAL DELAYED
The capital murder trial of a man accused of killing his mother will be
delayed.
Attorneys have questioned potential jurors individually for the past two
weeks.
At the end of the day Friday, prosecutors and defense attorneys had only
agreed on 9 Smith County citizens to hear evidence and decide the fate of
Tracy Lane Beatty.
The trial had been scheduled to begin Monday in Judge Jack Skeen Jr.'s
241st District Court but jury selection will continue.
Out of 650 people originally summoned, 375 Smith County citizens who were
not excused through exemptions or disqualifications were called to appear
July 8 for group voir dire, said Jury Coordinator Mary Alice Dodgen.
More than 100 writs of attachment were sent out for authorities to locate
people and find out why they did not show up at the courthouse, she said.
By Friday's end, 202 possible jurors remained.
They are being called back to the courthouse to be individually questioned
by attorneys.
Beatty, 43, allegedly killed 62-year-old Carolyn Ruth Click two days
before Thanksgiving and buried her body behind their mobile home on County
Road 2323.
Beatty also allegedly stole his mother's car and ATM card, making the
offense capital murder.
The state intends to seek the death penalty against him.
Skeen found Beatty in criminal contempt of court July 6 when he refused
the judge's orders to provide the state with a handwriting sample.
He was sentenced to 180 days in jail and a $500 fine.
Beatty is represented by attorneys Robert Perkins and Ken Hawk.
District Attorney Matt Bingham, First Assistant District Attorney Brett
Harrison and Chief Felony Prosecutor April Sikes are prosecuting the case.
The defendant was brought back to Smith County in December from Henderson
County, where he was jailed on charges of unauthorized use of a motor
vehicle and possession of a weapon by a felon.
Information from inmates at the Henderson County Jail whom Beatty
allegedly talked to about the murder led authorities to the body on Dec.
23.
Ms. Click may have been strangled, struck by a blunt object, smothered or
suffocated by being buried alive, his indictment states.
Mrs. Click was last seen by her neighbors Nov. 25, 2003.
Beatty was living with her at the time, having been paroled from prison to
her house.
Texas Department of Criminal Justice records show he has been in and out
of prison on charges including injury to a child, theft, possession of a
controlled substance and aggravated assault.
(source: Tyler Morning Telegraph)
*******************
Jury selection still continues
Jury selection for the Beunka Adams capital murder trial has continued
into a second panel of potential jurors despite poor turnout.
200 were called in this second set of panelists, but only 41 appeared on
July 15. However, because Judge Bascom W. Bentley III of the 369th
District Court summoned those who didn't show to explain why they were
absent, eight more panelists were found.
"8 filled out the questionnaires Monday," said Tina Teetz, Anderson County
court coordinator.
She said only 8 filled out the questionnaire - the same questionnaire
filled out by the initial panel of 118 - because only eight appeared for
their court date on July 19.
"Some people have excuses (to not appear for jury duty), but they don't
relay them to the court," Teetz said. That is why Bentley had the court's
bailiff subpoena all those who did not appear when they were initially
called July 15.
The new panel of potential jurors has already entered the voir dire stage
of jury selection - the process of individual questioning to determine the
suitability of a potential juror.<{P> Of the 118 in the 1st panel
questioned, 29 had been chosen for a panel of 50 from which the final 12
jurors will be selected.
Another 6 were chosen last week, bringing the total to 35.
Adams, 21, of Rusk, is charged with the capital murder of Kenneth
Vandever, 37.
He and Richard Cobb, who was tried separately from Adams earlier this
year, allegedly abducted Vandever and two female store clerks, Candice
Driver and another whose name is withheld because she is a victim of
sexual assault, from a Rusk BDJ's convenience store on Sept. 2, 2002,
during the course of a robbery.
The pair was arrested on Sept. 3, 2002 - less than 12 hours after the
crime was discovered.
In February, Cobb received the death penalty from a Cherokee County jury
for his involvement in the murder of Vandever.
Adams is also charged with raping one of the 2 clerks who were abducted.
After stealing $1,300 in cash from the store, the group reportedly
traveled south of Rusk on U.S. 69 to CR 2434, where the suspects allegedly
shot the three victims - killing Vandever - and left them in a field near
Alto.
Both women survived and managed to walk to houses in the area to get help
after the suspects left the scene.
During his trial, Cobb testified he shot Vandever, but Adams jerked the
gun out of his hand and shot the 2 female clerks. Both women were left for
dead but managed to run off and find help after Cobb and Adams left the
scene.
Bentley awarded Adams a change of venue April 2.
Another panel of 350 potential jurors has been called to appear July 29.
There is no definite time line in place as to when the jury selection
process will end or when the trial process will begin.
(source: Jacksonville Daily Progress)
FLORIDA:
Killer of Pensacola Girl Died in Prison
A death row inmate convicted of kidnapping 2 Pensacola girls and killing 1
of them has died in prison.
The victims' relatives have just learned of the death of 45-year-old
Warfield Wike earlier this month at Union Correctional Institution near
Raiford.
Wike was condemned for the 1988 murder of six-year-old girl Sarah
Rivazfar. He left her 8-year-old sister for dead with a slit throat.
The girls were taken from their mother's apartment. Wike was an
acquaintance of the mother. She was going threw a bitter custody dispute
with her ex-husband.
(source: Associated Press)
ALABAMA:
Life after Death Row----4 men regain freedom - but are forever changed
No one gets out of here alive.
That's what the prisoners told Randal Padgett shortly after he arrived at
Holman Prison's death row in 1992. He maintained his innocence and kept
the faith.
Then what seemed like a miracle happened: Fellow Death Row resident Walter
McMillian, convicted in a racially charged Monroe County case, went home.
There has been a steady trickle off Alabama's death row ever since. 4 men
freed over 8 years - including Padgett.
They went home shaken, broke and desperate for jobs. When employers ask
about felony convictions, their answers get complicated. Jobs pass them
by.
But none of the 4 has gone back to jail.
3 have fallen in love. 2 have gotten married. Padgett is looking forward
to his 1st grandchild.
The crimes that sent these men to prison remain unsolved, the real killers
remain free. Authorities never pursued other suspects. As ex-death row
prisoner Gary Drinkard sees it, "They'll die and carry it to their grave
before they'll say they made a mistake."
****************
Dead-end street is road to new beginning
The 61-year-old man lives on 73rd Street, on a dead end.
It's about 3 p.m. when his blue Buick LeSabre pulls into the driveway. He
emerges in work clothes - gray sweat pants, a T-shirt and a tattered cap -
pauses and surveys the grass he cut last week. He drags an empty garbage
can to the garage. Then he grabs his red lunch box from his car with the
hand that police said killed grocery store manager Stephen Ganey.
This house on a hill in East Lake is a long way from the prison cells
where James Willie Cochran has spent more than half his life, including 19
years on death row. Bo, as he's known in his neighborhood, is one of the
few who've returned to society after years of waiting to die in the
electric chair.
Cochran was convicted of murder in 1961 and sentenced to 25 years in
prison. He was released for good behavior after 15 years.
On Nov. 4, 1976 - less than a month after Cochran was released from prison
- Ganey was shot to death when he chased a man who had held up the Green
Springs A&P grocery store where he was assistant manager.
Police also chased the bandit, and Cochran was arrested after being found
in a briar patch with $300 cash in his coat pocket. Police discovered his
.38-caliber pistol nearby.
Cochran was charged with capital murder, and his first trial ended in a
mistrial. He was found guilty in the second trial and sentenced to die in
the electric chair, but the conviction was overturned when the U.S.
Supreme Court reversed Alabama's death penalty law. Cochran was convicted
of capital murder in his 3rd trial in 1978 and again sentenced to die.
After years of appeals, Cochran finally won a new trial when his attorney
presented evidence that the gun that killed Ganey was not Cochran's.
Free at last:
In Cochran's 4th trial, the murder charge was dropped and he was convicted
of robbery. He was released with the time served, and on Feb. 12, 1997, he
was a free man.
Cochran emerged from death row at age 54 with graying hair and new hope.
He has since tried to rebuild his life from rock bottom, starting with his
1,727-square-foot brick home.
"This is our dream house," he says of the East Lake home. "The Lord
blessed us to get it. I used to just lay down and visualize what I wanted.
It never dawned on me that I'd get out and have this and have that."
A pearl-colored plush sofa and two matching armchairs surround a glass
coffee table. A Bible beneath it is propped open to Psalm 23.
Emerging from Death Row in his 50s proved difficult in many ways. In his
first week of freedom, he indulged in hefty portions from the Golden
Corral and got his driver's license.
But the Birmingham he once knew was a fleeting memory, and he struggled to
find his way around town.
"You've been away so long," Cochran says, "everything's just new all over
again."
He says he used to visit his wife's mother frequently before he was locked
up. After he was freed, he'd try to find the house on the south side of
Irondale with little luck.
"I would end up on the other side of town behind Wal-Mart. Everything had
changed when they built that interstate," he says, referring to Interstate
20.
He also feared that he would have trouble finding work.
First, he was hired at Damsky Paper Co., then he did construction work,
laying pipes and remodeling. Last March, he was hired at Boral Bricks,
where he says he'll retire. He started operating forklifts and trucks. Now
he repairs rail cars.
Cochran talks with his hands. He punctuates his sentences with "man oh
man," "ooowweee" and "I'm tellin' you."
About 4 p.m., he hears his wife's car pull into the driveway. He meets her
at the door to help with the groceries. In prison, Shirley, who is now 54,
was his foundation. His stability. His faith. She wrote him letters while
he was locked up and says she always knew they'd get married.
Wed on birthday:
9 months after he got out, on his birthday, Nov. 29, 1997, they did, in a
wedding he calls the highlight of his life.
"When people been out of the system, you expect them to be," Shirley
pauses, "not so there. But he slid right back in."
He's had to adjust from the nights he slept in a cramped cell, with
rodents scurrying up the commode.
After he found God, he stopped gambling, deleted expletives and got
baptized behind bars.
"I didn't never ask the Lord for no freedom," he says. "I just wanted him
to save my soul."
Come 5 p.m., the next item on Cochran's afternoon agenda is cutting the
grass. His preferred job is community service. Mowing lawns, staining
floors and painting for neighbors.
"I think he likes doing things he wished he could do while he was there,"
Shirley says.
It's true. With most of his toiling, Cochran is just making up for lost
years.
"Look how long I been away," he says. "I got all this energy. Most of the
time, it's to show myself that I can do it."
On 73rd Street South, on the other side of a dead end, Cochran found his
way and forged an alternate future. Now where he lives, the road keeps
going.
(source: Birmingham News)
GEORGIA:
Death penalty sought for student slaying
A man accused of fatally shooting a 17-year-old girl during a home
invasion robbery at a Newnan apartment complex could face the death
penalty if convicted.
Prosecutors announced Friday during his arraignment that they would seek
the death penalty against Roderick Calvin Thomas, 25, in the slaying of
Heather Rhodes.
Thomas and 2 other men each have been charged with 2 counts of murder, 9
counts of aggravated assault as well as various robbery, kidnapping and
weapons charges.
Prosecutors are not seeking the death penalty against the other
co-defendants, 28-year-old Marquis Damon Cannon and 22-year-old Anricus
Rayshawn Holston, said Coweta County Assistant District Attorney Rudjard
Hayes.
"Thomas was there," Hayes said. "He is the shooter. The death penalty is
justified."
Rhodes, a senior at Starr's Mill High School in Fayetteville, was killed
March 30 while she was visiting her boyfriend, Mandell Mahama, at his
apartment, authorities said. Mahama, 22, and another man, Steven Devereux,
22, also were injured in the shooting.
(source: Associated Press)
