July 28 TEXAS: 2 days, 2 death sentences in Houston Jurors decided Wednesday a man should be put to death for fatally shooting his ex-girlfriend's younger sisters last September. The sentence comes a day after a jury in another case rejected a man's claim of mental retardation and decided he should be put to death for robbing and shooting a Houston beauty supply store owner last October. Anthony Quinn Francois, 36, was convicted of capital murder last week for the killing of Ashley Patterson, 11, and Britteny Patterson, 10, on Sept. 11, 2003. He also was accused but wasn't tried in the shooting death of a third sister, Naikesha Patterson, 15. Police said Francois shot the girls after learning his 16-year-old ex-girlfriend had decided to date someone closer to her age. In addition to killing the 3 girls, Francois wounded his ex-girlfriend and her mother. "This man slaughtered a family, and I think the verdict the jury gave was highly appropriate," Assistant District Attorney Terese Buess said. Defense attorneys asked for leniency, telling jurors Francois was abused by his stepfather and was a child of rape. On Tuesday, another Harris County jury sentenced Calvin Letroy Hunter for the shooting death of Jong Suk Choi, 30, at his store. Hunter, 33, stood with his arms crossed as state District Judge Belinda Hill read the verdict, culminating 10 hours of jury deliberations over two days. Testimony in the punishment phase of the capital murder trial spanned 2 weeks. He was convicted on July 14. Defense attorneys had said a life sentence was the appropriate punishment, contending Hunter is mentally retarded and executing him would be unconstitutional. Lawyers pointed to Hunter scoring a 64 on an IQ test as a child, 6 points below the threshold considered as mental retardation. However, a test administered after his arrest last year put his IQ at 74. Jurors watched a surveillance video that showed Hunter enter the store, ask about merchandise, then pull a pistol and without warning shoot Choi in the head. Hunter then demanded money from Choi's wife. The video shows her crying and screaming as she steps over her husband's body to open the cash register. "He's a cold and calculated killer," Assistant District Attorney Luci Davidson told jurors. "This is the type of person the death penalty was meant for." During the sentencing phase, police testified they believe Hunter also was responsible for the slaying of Nguyen Lu during a Nov. 12 convenience store robbery and a series of other armed robberies in September. He has not been charged in those cases. Hunter's attorneys conceded he poses a threat. "Thank God he was caught. This guy was bad," defense attorney Kyle Johnson told jurors. "There's nobody in this room that wants this guy to ever breathe another breath of fresh air. It just can't be." The only relatives of victims in the courtroom Tuesday were 2 of Lu's nieces. "It's exactly what I wanted," Lien Lu, 29, told the Houston Chronicle. "He deserved it," Diana Lu, 18, added. (source: Associated Press) ************************* Francois gets death penalty for killing young sisters Jurors sentenced Anthony Francois to death Wednesday for killing his ex-girlfriend's younger sisters during a jealous rampage. Francois was convicted last week of 1 count of capital murder for the deaths of the 2 youngest sisters. In a taped confession played for jurors, Francois said he shot the entire family because he was enraged that 17-year-old Shemeka Patterson had a new boyfriend. Patterson's three younger sisters, Nikesha, 15, Ashely, 11, and Brittany, 10, were killed. Shemeka and her mother were also shot but both survived. In the videotaped confession, 36-year-old Francois talked about his relationship with then 16-year-old Shemeka Patterson. "It wouldn't be a lie to say I felt like that if I couldn't have her, nobody could. I don't know what made me do something to the whole family," he said in the confession. Francois told homicide detective Brian Harris how he struggled with the thought of killing his former girlfriend's family. "Something say 'do it', something say 'don't do it', over and over in my mind. Her momma came in the room, and I don't know, I just snapped. I was just losing control. It just happened so fast," Francois continued on the tape. He also expressed sorrow for the shootings. "I have remorse about her sisters. It was nothing between her family and me. I couldn't see nothing but Shemeka. She was saying a bunch of to irritate me. The bottom line is she didn't want to be with me no more," he said. After seeing the confession, the victims' grandmother also expressed sorrow for Francois. "I really do. I feel sorry for him. Because it looked like he really did love Shemeka, and I don't know what went wrong between them, but like I said, I never did know him just personal. But I got sympathy for people . I felt real sorry for him, and I hate that he did what he did do, but I can't take nothing back from what he done did, I lost a great bit, too," said Dorothy Patterson. It's not clear if Francois will be tried for the death of the 3rd sister and the shootings of Patterson and her mother. (source: KHOU News) ***************** Man receives death sentence for shooting store owner A Harris County jury rejected a man's claim of mental retardation and decided he should be put to death for robbing and shooting a Houston beauty supply store owner last October. Calvin Letroy Hunter, 33, stood with his arms crossed as state District Judge Belinda Hill read the verdict Tuesday, culminating 10 hours of jury deliberations over 2 days. Testimony in the punishment phase of the capital murder trial spanned 2 weeks. Hunter was convicted of capital murder July 14 for the shooting death of Jong Suk Choi, 30, at his store. Jurors watched a surveillance video that showed Hunter enter the store, ask about merchandise, then pull a pistol and without warning shoot Choi in the head. Hunter then demanded money from Choi's wife. The video shows her crying and screaming as she steps over her husband's body to open the cash register. "He's a cold and calculated killer," Assistant District Attorney Luci Davidson told jurors. "This is the type of person the death penalty was meant for." During the sentencing phase, police testified they believe Hunter also was responsible for the slaying of Nguyen Lu during a Nov. 12 convenience store robbery and a series of other armed robberies in September. He has not been charged in any other those cases. Hunter's attorneys conceded he poses a threat. "Thank God he was caught. This guy was bad," defense attorney Kyle Johnson told jurors. "There's nobody in this room that wants this guy to ever breathe another breath of fresh air. It just can't be." But defense attorneys said a life sentence was the appropriate punishment, contending Hunter is mentally retarded and executing him would be unconstitutional. Lawyers pointed to Hunter scoring a 64 on an IQ test as a child, six points below the threshold considered as mental retardation. However, a test administered after his arrest last year put his IQ at 74. The only relatives of victims in the courtroom Tuesday were two of Lu's nieces. "It's exactly what I wanted," Lien Lu, 29, told the Houston Chronicle. "He deserved it," Diana Lu, 18, added. (source: Associated Press) ******************** Kerr murder suspect deemed fit for trial Kerr County deputies made preparations today to transport capital murder suspect Vincent Seard back from a state mental hospital after being informed that doctors there deem him competent for trial. Seard, 40, was sent to the North Texas State Mental Hospital in Vernon for treatment 7 months ago after prosecutors and defense counsel agreed that he couldn't assist in his defense at trial. He is charged with the March 10, 2003 slayings of Comfort area residents Patricia Kutzer and Terry Ingram. Arrested 4 days after the beating deaths at Kutzer's farm, the Houston man's stay at the county jail was marked by religious ravings, delusional behavior and outbursts of violence. (source: San Antonio Express-News) *********************** Inmate health care now up to standard----Report says privatization has helped the state better conditions Nearly every Texas inmate who gets sick now receives health care that meets national standards, prison health officials will report today. That's a far cry from a decade ago, when just 40 % of inmates received proper care and the state grappled with a federal court order to improve the deplorable conditions faced by prisoners. Today's 97 % rate of care comes primarily from privatization of the system, the report said. The state gave the job of caring for prisoners to the University of Texas Medical Branch at Galveston and Texas Tech University in 1993. -- INMATE CARE Health care in Texas prisons has improved, but costs remain low compared with California's similarly sized system: . Texas inmate population : 147,000 - Annual prison medical costs: $315 million - California inmate population: 160,000 - Annual prison medical costs: $1 billion (source: University of Texas Medical Branch at Galveston) -- Increased medical staffing, falling death rates for AIDS and other diseases, and technology have also contributed to improved care, said the report, published in today's issue of the Journal of the American Medical Association. "We think this is a success story," said Dr. Ben Raimer, the report's lead author and vice president of community outreach for UTMB. The report was co-written by UTMB President Dr. John Stobo. An accompanying editorial in the journal, written by Dr. Newton Kendig, medical director of the Federal Bureau of Prisons, hails the Texas system's collaboration with academic medicine as a model for other states. But prisoner-rights activists called the results a sham, saying the data have not been verified by physicians outside the prison health care network. The report is based on medical records kept by prison system health care workers. "It's a complete and total fraud," said activist Ray Hill, host of The Prison Show on KPFT-FM (90.1) radio. Hill said that of the 200 letters he receives each week from Texas inmates, one-third concern problems with health care. Turning to academia A successful federal lawsuit filed by inmate David Ruiz in 1974 eventually forced the state to improve conditions, including health care, for inmates. To meet part of the ruling by U.S. District Judge William Justice, the Texas Legislature turned over the state's $300 million-a-year prison health care business to the universities. UTMB serves about 78 % of the state's 147,000 prisoners, with Tech seeing the remainder. The report suggests that the plan has succeeded. As medical costs have skyrocketed in the private sector, the academic institutions held prisoner costs down. In 1993, the average daily medical cost per prisoner, according to state figures, was $5.99. Last year it was $6.23, just 24 cents more. According to some measures, U.S. general health care costs doubled during the same time period. Quality care for low cost Even as costs remained essentially flat, the quality of care has risen, the report said. A decade ago, just 34 % of patients with asthma received a level of care recommended by national medical associations - the same standards that apply in any local doctor's office. Now, based upon medical records of inmates, 97 % of asthma patients receive proper diagnosis, medication and follow-up care. The researchers found similar improvements in complying with national standards of care with other diseases such as type 1 diabetes, high blood pressure and heart disease. The results are mirrored by a reduction in deaths. As the national death rate from asthma has remained at 1.5 deaths per 100,000 people, it has dropped from 3.5 per 100,000 in Texas prisons a decade ago to nearly zero now. Technology advancement Raimer said the academic institutions have been able to keep costs down by using new technology, namely telemedicine, which allows a specialist in Galveston or Lubbock to diagnose and treat a patient in a prison infirmary - saving a costly trip from the prison unit to a hospital, overtime for guards and other expenses. About 30 percent of doctor's visits at prison units are now done via telemedicine, with UTMB alone performing 3,000 a month. As a result, the state's costs per prisoner are lower than those of most states. California, with a comparable inmate population of 160,000, spends about $1 billion on health care, more than three times the $315 million Texas now pays to the academic institutions to manage prisoner health. Critics say this drive to cut costs has hindered care. Debating the data Sharon Gray, who lives in Houston, began keeping a file of inmate complaints about 6 months ago after a discussion with a prison doctor made her feel as though prison physicians were callous to patients' needs. The doctor, Gray said, laughed about a prisoner's medical problem and asked Gray why she would care about an inmate's health. She has files on more than 40 prisoners now, and she said the report does not match the prisoner concerns she's heard. "This simply hasn't been my experience, over and over and over again," she said. "Health care in the prison system is a long way from being OK. It's hideous." Gray cites numerous problems. A man with bowel problems after prostate cancer surgery, for example, used a dozen adult diapers every day. Then, with no immediate access to a toilet, he suddenly was cut to 6 diapers a week. A man with a broken tooth could not get into see a dentist. She said a study based on prison medical records is problematic because records can be altered - and, based on the claims of some inmates with whom she corresponds, they have been. Independent oversight Prison officials denied the claims of record tampering. Another complaint from critics is a lack of independent oversight; an office of standards within the Texas Department of Criminal Justice is now the primary watchdog. Hill and others would like to see regular scrutiny of prison health care by an external organization such as the Texas State Board of Medical Examiners. Raimer said the Texas Medical Foundation, an independent organization of licensed physicians, will audit the prison health care system later this year. HIV disputes A lack of objective eyes, Hill said, allows the prison system to underreport HIV and AIDS deaths because it doesn't test for infection. If a patient dies of AIDS complications, such as pneumonia, but there was no test for AIDS, pneumonia is listed as the cause of death, Hill said. "I have known inmates who have begged for HIV tests but have died before the tests arrived," Hill said. That's just not so, prison officials say. All offenders are tested for HIV after intake, unless they refuse, said Dr. Michael Kelley, director of preventive medicine for the prison system. After that, Kelley said, inmates can ask to be tested every 6 months. Since the academic institutions have taken over prison health care, deaths attributable to AIDS have fallen from 1.5 per 1,000 inmates in 1995 to 0.2 deaths per 1,000 prisoners in 2002. "Basically," Kelley said of AIDS patients, "everyone who meets the U.S. Department of Health and Human Services guidelines for when to initiate therapy has been offered treatment." (source: Houston Chronicle) *********************************** BINGHAM DISCUSSES NEW LAB'S CREDIBILITY The new forensic lab in Smith County has received several autopsy requests recently after the district attorney and the forensic administrator discussed questions concerning the center's credibility. County officials became hesitant to use the lab and its lead pathologist, Dr. Delbert Van Dusen, who allegedly conducted autopsies in Harris County without a Texas license in 1998. He was not charged with any wrongdoing and has since received a license in the state. Smith County District Attorney Matt Bingham said Tuesday he was not passing judgment on Van Dusen and that everyone he talked to, including prosecutors in Houston, indicated the pathologist was competent, honest and qualified. But Bingham still does not want to have to deal with any issue of credibility on the witness stand that could possibly jeopardize the state's case in a murder trial, he said. He discussed his worries with Forensic Administrator Richard Skinner. Bingham said it was agreed there would be no problems with using the lab if its second pathologist, Dr. Tommy Brown, performed the autopsies of possible homicide victims instead of Van Dusen - for now. He said administrators at the center volunteered Brown to conduct autopsies of all bodies brought in by law enforcement officials. Bingham has no ability to mandate the county and to what lab it sends autopsy requests. But to have Brown perform the procedures was his preference, he said. Bingham and Skinner also agreed the center should remain manned 24 hours to preserve the integrity of the bodies. Initially, law enforcement officials and funeral directors who brought bodies to the center after hours were to enter in a code at the back door to gain access and drop off the body. Bingham said that was not acceptable. As of Monday, a credible officer was placed at the building throughout the night, and will be stationed there each night, to receive bodies and to make sure they are not tampered with. NO MORE PROBLEMS With those guaranties, Bingham said, he did not have any problem with local law enforcement using the lab for autopsies involved in criminal investigations - he had no reason to question its integrity or ability. But he doesn't believe the county should have a contract with anyone. If officials decide to send one body to Dallas for autopsy and another body to the lab in Smith County, they should be able to, he said. "The officers and JPs can send them (the bodies) where they want to send them," he said. "But if they're asking my opinion, that's it." Justices of the peace and police officers make the decision where to send the bodies for investigation. Before the new center opened, bodies from Smith County were sent to Dallas County. The new lab, which opened July 1, is expected to cut down on cost and time. In January 1998, officials discovered Van Dusen had performed unsupervised autopsies in Harris County without a license from the Texas State Board of Medical Examiners. Court documents stated Dr. Joye Carter, who was Harris County medical examiner at the time, fraudulently told Van Dusen he would be working under a fellowship program, which would qualify him to legally practice medicine in Texas, the Associated Press reported. Van Dusen, who was licensed to practice in Georgia and Indiana, ultimately received his Texas license after several rejections and was no billed by a grand jury that investigated whether he illegally practiced medicine. Skinner said the center, located at 11980 N. Texas Highway 155, has received several bodies from Smith County and surrounding areas already. He said he is in discussions with other areas and the center would be handling a "large number of counties" in East Texas. (source: Tyler Morning Telegraph) TENNESSEE: State to seek death penalty in Elliot case The state has decided to seek the death penalty against a Franklin County resident accused of killing his ex-wife and daughter and shooting his son. Parker Ray Elliott has been indicted by the Maury County Grand Jury on 2 counts of 1st-degree murder and 1 count each of felony murder, attempted 1st-degree murder and especially aggravated burglary, according to court records. Elliott is accused of going to the home of his ex-wife Freda in Culleoka on June 24 and firing a .22-caliber handgun. Elliott's 18-year-old daughter Rachel was killed and his 15-year-old son Seth was wounded. And the former Mrs. Elliott died 2 days after the incident. According to District Attorney General Mike Bottoms, Elliott was living in Belvidere with his mother at the time of the incident. Elliott was arrested June 28 after a wide-scale manhunt by officials from several counties. Maury County General Sessions Judge Lee Bailey entered an automatic "not guilty" plea on Elliott's behalf during a court appearance July 2. A trial date has not been set. District Public Defender Claudia Jack is representing Elliott, and has indicated she may seek a change of venue for the trial because of substantial media coverage. "Each murder case has its individual characteristics," Bottoms said regarding his decision to seek the death penalty. "You have to look at the aggravating circumstances, the facts about the individual. "These things take a while and I'm sure this will too," added Bottoms, who has tried a number of trials involving the death penalty. He predicted many pre-trial motions before the actual trial started. He added that the possibility of a death sentence also allows the possibility of life with parole or life without parole, but it will be to a jury to decide, he added. (source: The Tullahoma News) USA: Teen Death Row Science shows clearly what most parents know and the U.S. Supreme Court needs to acknowledge: Even at 16 and 17, teenagers' minds are not fully developed. A review of the research on teen brains is part of a brief, from a group led by the American Medical Association, that was sent to the court as it prepares for oral arguments this fall about a 17-year-old murderer now on Missouri's death row. One study cited in the AMA brief suggests "maturity is incomplete until age 19." For those ages 16 and 17, certainly, childhood impulse has not totally yielded to adult reason. Vigorous pleas to stop executing people for crimes committed at that age also have come in from religious leaders, child advocacy groups, legal coalitions and even diplomats. This will be a widely watched case. The court has already banned the death penalty for crimes committed by children younger than 16 and anyone with mental retardation. But some states allow execution for crimes by 16- and 17-year-olds even though, nationwide, 18 is the common age for adult responsibilities such as voting, military service, signing contracts and so on. This country may never be able to settle on one age at which to confer adult status. In Michigan, which does not have the death penalty, children of virtually any age can be tried as adults; meanwhile, lawmakers put increasing restrictions on teens, such as graduated licenses when they start to drive. Such incoherence about when the rights and responsibilities of adulthood begin actually bolsters the argument against executing 16- and 17-year-olds. With their legal status so muddled, the ultimate and final penalty should not remain among the options. (source: Detroit Free Press, Editorial) MASSACHUSETTS: Lawyer Shortage Said Hurting Defendants The state's highest court ruled Wednesday that a shortage of defense lawyers caused by low pay is violating the constitutional rights of some indigent defendants, and said criminal cases must be dismissed against those who go without a lawyer for more than 45 days. The Supreme Judicial Court, ruling in a long-simmering dispute over the rate of pay for private lawyers who represent poor defendants, also ruled that criminal defendants cannot be held more than 7 days in jail without a lawyer. It was not immediately clear how many people now being held in jails across the state could have the charges dropped against them because of the ruling. In its ruling, the court noted that the $30-per-hour pay for lawyers who represent indigent defendants in district court has barely changed over the last 2 decades and is among the lowest in the country. "The continuation of what is now an unconstitutional state of affairs cannot be tolerated," the court said in its ruling. "Our duty is to remedy an ongoing violation of a fundamental constitutional right to counsel consistently with the government's legitimate right to protect the public's safety." The ruling came in 2 lawsuits filed on behalf of poor defendants in Hampden County by civil libertarians and an agency that provides lawyers for people who can't afford them. The Committee for Public Counsel Services said there are more than 50 defendants in western Massachusetts who have been denied their right to consult with an attorney because the agency was unable to find private attorneys to take the cases. The CPCS has about 110 staff lawyers - not nearly enough to handle the more than 200,000 cases involving indigent defendants each year. So the agency relies heavily on private lawyers to represent poor defendants. The agency says finding these lawyers - called "bar advocates" - has become increasingly difficult because the pay is not enough to cover their overhead costs. Lawyers from across the state have complained about the low rates, some cases refusing to take any new cases until the pay dispute has been resolved. (source: The Associated Press)
