August 1 TEXAS: 3rd jury panel called for Adams Another panel has come and gone, and still the 50 required panelists in the jury selection process for the capital murder trial against Beunka Adams have not been selected. However, the total number of potential jurors selected to continue to the next phase of the selection process has reached 41. "We're on a roll here," said Anderson County Court Coordinator Tina Teetz Friday. She said that although 350 people were called to appear Thursday for jury duty, only 77 filled out the 113-question questionnaire provided to the jurors. "The judge is going to have the selected jurors in on Aug. 12, and we're hoping by the time they have voir dire Monday we'll have all 50 selected," Teetz said. The voir dire stage of jury selection is the process of individual questioning to determine the suitability of a potential juror. Of the 118 in the first panel questioned, 29 had been chosen for a panel of 50 from which the final 12 jurors will be selected. Another 6 were chosen from the second panel called, bringing the total to 35. Judge Bascom W. Bentley III of the 369th District Court has also set a tentative date of Aug. 17 for "pretrial motions before the judge," Teetz said. "His target date to start the trial is the 23rd," she said. 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 female victim whose name is withheld because she was 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 County Road 2434, where the suspects allegedly shot the 3 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 that 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. "Hopefully in 7 more days we'll have the remainder of our jury and have them in on the 12th," Teetz said. (source: Jacksonville Daily Progress) ******************** Suspect in rap producer's death pleads guilty to burglary 1 of 6 people charged in the slaying of a College Station rap producer has pleaded guilty to burglary. Bradley Jessup Padrick, 24, entered the plea on Friday, accepting the maximum possible sentence of 20 years in prison as part of his plea agreement. Most of the other suspects in the August 2003 death of Tommy Joe Andrade have been charged with murder or capital murder, which both carry substantially higher sentences. Padrick received the lighter sentence partially because he cooperated with prosecutors and investigators, Assistant District Attorney Bill Ballard said in Saturday's edition of the Bryan-College Station Eagle. Michele Esparza, Padrick's attorney, declined to comment. According to court documents, investigators believe Padrick, Jesse Mancuso and Boris "Short Fat" Mogilevich were hired to kill Andrade, who was found shot to death in his home. Mancuso was found dead in Andrade's front yard, and Mogilevich remains at large. Investigators believe brothers Trey Logan Davis of Bryan and Chad Fenley Davis of Point Blank hired the men to kill Andrade after he stole about $100,000 in drugs or money from them. Both brothers have been charged with capital murder. They also are suspected of running a multistate drug-trafficking ring. Padrick also is charged with 2nd-degree felony robbery. He likely will plead guilty to that later, Ballard said. He originally was charged with aggravated robbery, a 1st-degree felony punishable by up to 99 years or life in prison, but the charge was dismissed Friday as part of the plea agreement. (source: The Associated Press) **************************8 JURY SELECTED FOR TRACY BEATTY TRIAL 7 women and 6 men have been selected to decide the fate of a 43-year-old man facing the death penalty for allegedly killing his mother. Prosecutors and defense attorneys worked long days for more than 2 weeks before they agreed on the jury of 12 and 1 alternate for Tracy Lane Beatty's capital murder trial. The last juror was selected at about 9 p.m. Wednesday. 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 trial, which is expected to last about two weeks, was delayed a week because of the longer-than-expected jury selection, and will begin at 9 a.m. Monday. It will be the 1st capital murder trial presided over by 241st District Judge Jack Skeen Jr., who is a former Smith County district attorney. Out of 650 Smith County citizens originally summoned for jury selection, 375 people who were not excused through exemptions or disqualifications were called to appear July 8 for group voir dire, Jury Coordinator Mary Alice Dodgen said. Authorities were sent out to locate more than 100 people who did not report to the courthouse and find out why they did not show, she said. Over the last two weeks, some of the remaining 202 potential jurors were called back to the courthouse and were individually questioned by attorneys until the jury was chosen. Attorneys cannot comment about certain facts of the case because of a restrictive and protective order. Beatty allegedly killed his mother Carolyn Ruth Click, 62, two days before Thanksgiving and buried her body behind their mobile home on County Road 2323. Beatty also allegedly stole her car and ATM card, making the offense capital murder for which the state intends to seek the death penalty. 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 Henderson County Jail, whom Beatty allegedly talked to about the murder, led authorities to the body on Dec. 23. Ms. Click, who was last seen by her neighbors Nov. 25, may have been strangled, struck by a blunt object, smothered or suffocated by being buried alive, his indictment states. Beatty was living with her at the time, having been paroled from prison to her house. 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. 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, July 30) CALIFORNIA: Judge postpones death-penalty case for 6 months A judge on Friday postponed the death-penalty, triple-murder trial of James Noriega until March 28 so potential jurors can be summoned under Santa Barbara County's planned one-step selection process. Noriega is accused of strangling Kathleen Martinez, who was 8 months pregnant at the time, and then suffocating her daughter, Savanna Zamora, on July 18, 2001, at the Palms Motel in Santa Maria. The trial, which has been postponed several times, had been set for Oct. 18 before Friday's decision to delay it an additional 6 months. Superior Court Judge Timothy Staffel delayed the proceeding while Jury Commissioner Gary Blair completes the transition from a 2-step jury selection system into 1 step. Critics of the county's process - mostly criminal defense attorneys - have long advocated the switch in hopes that it would improve diversity among those called for duty. Under the 2-step process, eligible jurors drawn from voter registration and Department of Motor Vehicles lists are first sent questionnaires. In the 2nd step, respondents to the questionnaires are summoned to jury duty. Critics contend potential jurors can opt out of the system without consequence by not returning their questionnaires. The proposed one-step process would allow the jury commissioner to send a questionnaire and summons at the same time. Those who don't respond to the summons might have to appear before a judge and face fines or criminal sanctions. Both sides in the Noriega case indicated that they are anxious to take the case to trial. "We're extremely frustrated," said Assistant District Attorney Christie Stanley. She added that the delay is prudent, though, to protect a potential conviction in the case. Death penalty cases are automatically appealed, she said, and often land in federal court where constitutional issues are scrutinized. Also on Friday, Staffel rejected Allen's motion for a hearing on a separate challenge of the jury panel issue. Allen filed the motion July 2, alleging that although 23.2 % of eligible North County jurors were Latino in 2003, only 13.4 % of those arriving in court for duty were Latino. In opposing Allen's request, Staffel cited the 2nd District Court of Appeal's recent ruling in the case of People v. Ballesteros, which upheld the method by which jurors are selected in the county. Also on Friday, Santa Barbara County Superior Court Judge George Eskin quashed a subpoena issued to Blair to produce new jury pool data for the county's South Coast area. Blair's attorney, David Nye, applauded the decisions made by both judges. "Both Judge Eskin and Judge Staffel followed the logic and reasoning set forth by the Court of Appeal in the Ballesteros case," Nye said. "Although Ballesteros is not yet final, the authorities relied upon by the Court of Appeal in that decision are sound, and I am confident that the orders and decisions of Judge Staffel and Judge Eskin will withstand any appeal that might follow." The Ballesteros case is not final because local defense attorney Robert Sanger, who is representing Ballesteros, asked the California Supreme Court on July 23 to review the ruling. The court hasn't yet indicated whether it will consider the case. Though recent jury panel challenges have resulted in the postponement of about 60 cases in 2004, Sanger said such inquiries are necessary for defense lawyers to properly represent their clients. (source: The Lompoc Record) OHIO: Cameras Report, the Jury Decides On the 1st vote, half the jurors were ready to send Mark Ducic to his death. After several days of tense deliberations in an Ohio courthouse, they had already convicted Ducic of mass murder--killing 2 people with lethal cocktails of prescription drugs. Now they had to consider his fate. Juror 12, a strong-willed New Jersey native named Carmella Juarbe, had nearly held out for acquittal in the first place. As the rest of the jury began to compromise on a life sentence, Juarbe insisted on parole after 30 years. "One juror can make a difference," she said. It sounds like a scene out of a made-for-TV movie. But when it airs on ABC Aug. 10 and 11, the documentary "In the Jury Room" will make history: for the 1st time, cameras have captured a real jury deliberating a death sentence. Though cameras invaded courtrooms long ago, they have only recently--and rarely--penetrated the jury room. Critics have worried that jurors might grandstand or be too shy to speak up. Even some advocates of filming trials are ambivalent about entering the jury's inner sanctum. "Courtrooms are public. The jury is different," says Court TV founder Steven Brill. ABC hopes the showthe series' only capital casewill shed light on one of the most mysterious facets of the legal system. At a time when the death penalty is under intense scrutiny, "it's important for the American people to see the process," says ABC News' Cynthia McFadden, who narrates the documentary. ABC is so convinced of the program's educational value that it will release a transcript of the deliberations. To limit the controversy, the network obtained permission from the Ohio Supreme Court. Ducic and his lawyers, the judge, prosecutors and prospective jurors (10 of 60 opted out) all agreed to the filming. And producer Michael Bicks vowed to stop the project if he thought the cameras were affecting the outcome. In the end, it's nearly impossible to determine whether they did. NEWSWEEK was granted access to an unedited version of the film last month. After Juarbe refused to compromise on the penalty, the jury hung and the judge sentenced Ducic to 2 consecutive life terms. In later interviews with NEWSWEEK, 6 jurors, defense lawyers, prosecutors and the judge said the filming had not affected their behavior or the case's outcome. Most said they forgot about the tiny remote-controlled cameras. "I don't think it changed anything," says Chuck Whitehill, the jury's foreman. Still, some of the jurors said that others had acted differently, knowing they'd be on television. Several accused Juarbe of showboating; Juarbe charges that other jurors were inhibited by the cameras. She now regrets agreeing to convict Ducic--though she says "it had nothing to do with the cameras" and plans to write a book about the experience. Only defense co-counsel Mark Spadaro had second thoughts about the cameras. "How can it not somehow influence you?" he asks. Though Ducic's trial lawyers say he wasn't bothered by the filming, he plans to appeal; his appellate lawyer, John Gibbons, has turned down past offers to have his trials filmed. "I think it serves absolutely no purpose," he says. Still, he's eager to get his hands on the transcripts. (source: Newsweek) NEW YORK: Capital punishment too costly, too risky In response to the fine letter by Rick Mullen who encourages expansion of the death penalty in New York, while I understand and appreciate his position, there are a couple reasons why capital punishment should not only be curtailed, but eliminated. First, it costs 3 to 4 times more to execute an inmate than to incarcerate him for 40 years. This state, with its enormous budge deficits, can ill afford the added costs in the millions of dollars to eliminate 1 convict. Second, the possibility of wrongful conviction is very real. To date, more than 100 people have been released from death row after having been proven innocent. These are not people released because of technicalities or crafty lawyers practices. These are people who were completely innocent. The execution of one innocent person is too many. The answer to this dilemma is very simple. Sentence that scum to life without parole and make it exactly that. They should be placed in 23-hour-a-day lockdown with no frills. No television, no radio, no contact with anyone, ever. This punishes the offender and protects society. It also saves huge amounts of money and guarantees no person will be wrongly executed. RALPH BARTON, ENDWELL (source: Letter to the Editor, Binghampton Press & Sun-Bulletin, July 31) ALABAMA: Lethal injection may not be as humane as believed With Alabama's 5th lethal injection execution scheduled for Thursday, the debate on whether it is the most humane way to carry out capital punishment is re-emerging. What makes the debate especially charged this time, though, is that James Barney Hubbard, his attorneys say, is too old and frail to undergo such "cruel and unusual punishment." Hubbard's feeble state may make it difficult for executioners to find a vein, the chief reason executions are botched or go awry. "If he's as sick as they're saying he is and he can't keep food down, yes, it will be difficult to find a vein," said toxicologist John Fisher, who is also the director of Tuscaloosa's Poison Control Center. "It's not terrible, but if he's dehydrated, it could be a problem, too. Although, they can take care of dehydration pretty quickly." Hubbard's execution is scheduled for 6 p.m. Thursday at Holman Correctional/sFacility in Atmore. The 74-year-old has been on death row for 26 years and 2 months for the 1977 slaying of a Tuscaloosa woman. 2 years ago, former Alabama Gov. Don Siegelman signed into law Senate Bill 240, which requires the department of corrections to carry out executions by lethal injection instead of electrocution. Under the law, however, a condemned person still has a choice. In addition to Alabama, 35 states have switched to lethal injection, largely because the practice is viewed as more humane than electrocution. But across the country since 1982, there have been 24 executions by lethal injection that didn't go so well. During that same time, there were 9 botched executions by electrocution. The lack of a strong, healthy vein is the reason most lethal injection executions don't go as planned. If the inmate has a history of drug abuse or their bodies are frail from sickness, medical personnel can have problems with the intravenous injection. When Rickey Ray Rector was executed in 1992 in Arkansas, it took medical staff more than 50 minutes to find a suitable vein in his arm. In Indiana, the 1996 execution of Tommie J. Smith took one hour and nine minutes because of "unusually small veins." "It can be painful," Fisher said. "And sometimes it can take awhile to find one." Hubbard is on several medications for conditions ranging from stomach problems to cancer. "We're aware it could be difficult for him," said Alan D. Rose, Hubbard's attorney. Faulty syringes and clogged tubes were also reasons why lethal-injection executions in Texas and Illinois went awry. Over the past 2 years, Alabama has had no problems with the 4 lethal injection executions it has carried out. "I haven't heard of anything," said Brian Corbett, a spokesman for Alabama's Department of Corrections. "I think they've gone pretty smoothly." Indeed, if a vein is found and the procedure is done right, minimum pain is felt during a lethal-injection execution, Fisher said. That's because the 1st drug administered is sodium pentothal, which is widely used in medicine as an anesthetic during surgery. It's injected into a person to produce rapid unconsciousness. "It puts you out," Fisher said. "It's as if someone banged you in the head with a velvet hammer." Despite the growing number of medical and legal experts who warn that pancuronium bromide, the 2nd drug that is used in the process, leaves "wide-awake inmates unable to speak or cry out as they slowly suffocate," Fisher said the 1st chemical completely renders the inmate unconscious. Fisher said that on average, the amount of sodium pentothal given to an inmate is 5 times as much as what is given to a patient going into the hospital for surgery. That means the inmate isn't awake while the 2nd drug stops the breathing. The only pain a patient could feel when injected with sodium pentothal is if the needle is not inserted into the vein completely. If the needle is injected into tissue slightly outside the vein, it could burn. "It would burn under the skin," Fisher said. "Some people also say they can feel the drug creep up the vein once it's injected." Besides those affects, the rest of the procedure, which includes injections of saline to clean out the tubes, pancuronium bromide to stop breathing and potassium chloride to stop the heart, isn't felt. "People may see the body spasm, but I assure you, the person isn't feeling anything," Fisher said. (source: Tuscaloosa News) ********************* Murder draws national interest -- Advocacy groups call for tougher 'hate crimes' laws across the nation In Bay Minette, the slaying of Scotty Joe Weaver -- which prosecutors say they believe was motivated, in part, because of his sexual orientation -- has drawn interest from gay-rights organizations and others across the country. A representative of Parents and Friends of Lesbians and Gays expressed concern that law enforcement investigators have zeroed in on robbery as the primary motive and have downplayed the "hate crime" angle. Ron Schlittler, the Washington-based organization's executive director, said the brutality of the attack makes it unlikely that it was money that the attackers were interested in. That is especially true considering the attackers got so little, he said. Investigators have said $65 to $80 was taken from the 18-year-old Pine Grove man. Schlittler said the killing, which prosecutors have said involved beating, strangulation and stabbing, is sure to intimidate all homosexuals. "They need to be respectful of the community and the terrifying effect it will have on a whole category of people," said Schlittler, who added that PFLAG intends to contact Weaver's family to offer support. But Baldwin County District Attorney David Whetstone noted that Alabama does not have a hate crimes law covering homosexuals. "If we do it that way, there's no capital charge," he said. "If this is not a robbery and solely a killing because of his orientation ... it would only be a murder." Whetstone initially had said authorities believed Weaver's attackers had a 2nd motive in addition to robbery. A few days later, he said the number and location of the injuries indicated that distaste for Weaver's sexual orientation played a role. He has declined to elaborate, but said he would offer that evidence to bolster his case for the death penalty if he wins convictions. Weaver's burned and decomposing body was discovered on July 22 in a remote, wooded area of off Old Brady Road in Pine Grove. Two days later, the Baldwin County Sheriff's Department identified and charged 3 suspects with capital murder. Weaver's roommates, Christopher Ryan Gaines, 20, and Nichole Kelsay, 18, and a third suspect, Robert Holly Lofton Porter, 18, remain jailed without bond at the Baldwin County Corrections Center. Weaver's mother, Martha Weaver, has said she does not believe her son was killed because of his sexual orientation. She has pointed out that her son knew Gaines and Kelsay for years. Schlittler said families often reject the idea their loved ones have been targeted because of their sexual orientation. He said his organization tries to provide as much emotional support as it can. "They're dealing with so many things, not only grief over the death, but also confusion over the circumstances," he said. Alabama law allows prosecutors to bring capital murder charges only for specific kinds of killings. They include murders committed during the commission of another felony. As a result, a person who kills during a robbery can receive the ultimate punishment, while a person who kills because of his victim's sexual orientation cannot even be sentenced to life in prison without the possibility of parole. Whetstone said he has battled "the image that this state has, that we won't do the right thing." He said he hopes national advocacy organizations recognize his efforts to change that perception. "I think they should take heart in the fact that the investigators and the district attorney's office are on it and that we're on it hard," he said. "We believe everybody has dignity and deserves the protection of the law." A representative of the Southern Poverty Law Center, which advocates tougher "hate crimes" laws around the country, said Baldwin authorities seem to be aggressively pursuing the Weaver case. "I don't see anything to criticize down there," said Mark Potok, editor of the Montgomery-based organization's Intelligence Report, which monitors right-wing extremists. The frequency of gay-bashing attacks is difficult to monitor, according to national advocates, because many states do not collect statistics on hate crimes victimizing homosexuals. The FBI collects information, but Potok said Alabama does not report them. The National Coalition of Anti-Violence Programs collects statistics on anti-gay violence, but only from a little more than a dozen areas that have affiliate programs, according to a representative of the organization. Rachel Baum, the group's associate director, said the organization reported 18 such murders last year -- which still was more than the FBI's official count. Since gathering information on hate crimes against homosexuals is not mandatory, she said, many states do not. "It's hard to know what's happening in the country," Baum said. "It does make it very hard to get your hands around the problem." Potok said the Southern Poverty Law Center has attempted to count hate crimes against homosexuals in some years. Typically, he said, between 15 and 20 gays and lesbians are killed each year nationally because of their sexual orientation. He said the organization's research indicates that gays are the most likely minority group to suffer physical attacks -- more than twice the rate of blacks. All of that calls for stronger hate crimes laws, Potok said. In Alabama, assailants can receive stiffer penalties for committing crimes against people because of their race or religion. But sexual orientation is not covered. "It's really quite outrageous. They are the most attacked group in the country," Potok said. "If anyone needs this protection, it's gays and lesbians." Whetstone said he has no interest in punishing people more harshly because of the status of the victim. But he did say that he believes laws regarding capital murder often make no sense. The law says killing someone in a car, for instance, can trigger the death penalty, while killing the same person on a street does not necessarily qualify as a capital crime. Whetstone said a person committing an armed robbery who gets nervous and pulls the trigger could get the death penalty because the murder occurred during the commission of another felony. But a person who plots a cold-blooded murder because he hates gays would not be eligible even for a life sentence without parole. "I have always thought we should go back to the biblical and old common-law concept of malice aforethought," he said. (source: Mobile Register, July 30)
