death penalty news

August 9, 2004


MASSACHUSETTS -- possible federal death penalty

D.A.: Back off, Ashcroft: Conley fights feds over death penalty

Suffolk District Attorney Daniel F. Conley, fearful the feds could alienate 
black leaders helping battle back violence in Boston, is urging Attorney 
General John Ashcroft not to seek lethal injection for a 25-year-old 
Dorchester gangster charged with killing a rival.

The Boston DA sent a personal appeal asking Ashcroft to spare Cape Verdean 
drug dealer Brima Wurie from becoming the third young black male in 
Massachusetts to face federal execution, the Herald has learned.

The Hub's past success at stemming urban bloodshed has always depended on 
community leaders and black churches banding together with cops, according 
to Conley's office.

"District Attorney Conley fears the death penalty could drive a wedge 
between that membership,'' said Conley spokesman David Procopio. Conley 
declined to release a copy of his letter.

"He's opposed to the use of the death penalty and I'm not,'' said 
Massachusetts U.S. Attorney Michael J. Sullivan.

Sullivan won't say whether he recommended the death penalty for Wurie. He 
sent a secret letter to Ashcroft after extensive review, including meetings 
with his alleged victim's family.

Wurie is accused of the racketeering murder of rival Luis Carvalho in a 
Boston garage on Feb. 17, 2000. Federal prosecutors claim Wurie was part of 
a Cape Verdean street gang dubbed the Stonehurst Crew, whose members were 
responsible for 18 shootings from 1998-2000, while dealing crack and 
marijuana.

The TenPoint Coaltion, whose leaders helped drive down spiraling murder 
rates in Boston a decade ago, oppose the use of the federal death penalty 
in fighting street violence, citing racial and socioeconomic disparities in 
use of the law. Out of 20 men on federal death row, 17 are minorities.

Two black Boston men could be headed to join them. Darryl Green and Brendan 
Morris face trial in federal court next year for the murder of a gang rival 
during the 2001 Carribean Festival after Ashcroft approved a death case.

"Uniformly, we are against the death penalty being imposed in this case, 
but that doesn't mean that if it were carried out, that we'd stop 
cooperating with law enforcement in the future,'' said the Rev. Raymond 
Hammond, co-founder of the Ten Point coalition. ``It would create some 
strain, but it wouldn't burn bridges. We're never going to stop working to 
stop our children from being killed on the streets.''

Lawyers for Wurie are slated to argue for his life this fall before a 
special panel in Washington. They aren't optimistic their words, or 
Conley's, will change the federal government's headlong push for executions.

"It would be outrageous for them to seek the death penalty in this case,'' 
said Wurie's attorney Elizabeth A. Lunt.

(source: Boston Herald)


=============================


FLORIDA:

4 charged with first-degree murder in deaths of 6

An ex-convict who blamed a young woman for taking his video game system and 
clothes recruited three teenagers to stab and beat her and five others to 
death, investigators said Sunday.

The 22-year-old woman was singled out for an attack so vicious that even 
dental records were useless in trying to identify her. Some of the victims 
were attacked in their sleep, according to authorities.

The victims' bodies were found Friday in a blood-spattered home.

All four suspects have been charged with first-degree murder and armed 
burglary, the Volusia County sheriff's department said.

Suspected ringleader Troy Victorino, 27, of Deltona, was "very guarded" 
during questioning, Sheriff Ben Johnson said. Three 18-year-olds were also 
arrested Saturday: Robert Cannon of Orange City and Jerone Hunter and 
Michael Salas, both of Deltona.

All four were jailed in Daytona Beach while awaiting bail hearings today. 
Johnson wants prosecutors to seek the death penalty, saying, "These 
families will never get over this."

The attack was the culmination of events revolving around a nearby vacant 
home owned by one of the victim's grandparents and used by squatters as a 
party house. The four men and two women who were slain had reported being 
harassed by the alleged assailants.

Investigators struggling to find a motive for the slayings believe the 
victims were killed over the theft of some clothes and an Xbox game system 
owned by Victorino, the sheriff's office said.

All four suspects were armed with aluminum bats when Victorino kicked in 
the locked front door, according to arrest records. The group wore black 
clothes and scarves on their faces, grabbed knives inside and attacked 
victims in different rooms of the three-bedroom house, police said.

The victims, some of whom were sleeping, did not put up a fight or try to 
escape, Johnson said. All had been stabbed, but autopsies determined the 
cause of death was the beating injuries.

Victorino has spent eight of the last 11 years in prison and was arrested 
Saturday for a probation violation. His first arrest was in an auto theft 
when he was 15, according to state records. He has prior convictions for 
battery, arson, burglary, auto theft and theft.

Hunter, who was with Victorino at the time, agreed to accompany 
investigators for questioning. Police said he admitted his role in the 
slayings and identified the other two suspects.

(source: AP)


=========================


USA:

Eliminate death penalty for murderers under 18

Changing U.S. attitudes toward the death penalty are reflected in a case 
under consideration by the U.S. Supreme Court. The justices have the 
opportunity to decide whether it is unconstitutional to execute people who 
were under age 18 when they committed their crimes.

Actually, the court ruled on that issue 15 years ago in Sanford v. 
Kentucky, when it allowed the practice for 16- and 17-year-olds. A year 
earlier, it had ruled against execution of those who were under 16 when 
they committed their crimes.

But in determining what constitutes "cruel and unusual punishment," which 
is prohibited under the Eighth Amendment to the U.S. Constitution, the 
court has the authority to look at current attitudes in society rather than 
be ruled by the Founding Fathers' intent more than two centuries ago.

And societal attitudes are changing.

The Supreme Court should outlaw execution of murderers who were under 18 
when they committed the crime.

Illinois already requires that a person be at least 18 at the time of the 
crime to be eligible for the death penalty, as do 18 other states and the 
federal government. Twelve states have no death penalty.

However, 14 states set the age at 16 and five allow executions for crimes 
committed when a person was 17.

Even though 19 states allow the death penalty for crimes committed as 
minors, only seven states have carried out such executions since the death 
penalty was reinstated in the United States in 1976.

In the past four years, only four countries other than the United States 
have executed people for committing crimes as juveniles: China, Congo, Iran 
and Pakistan. Those nations are hardly role models for human rights.

Although one might argue there is little difference between a person who 
commits a heinous murder a few days before his 18th birthday and one who 
does so a few days after that birthday, there needs to be an arbitrary 
cutoff somewhere.

The Supreme Court put that cutoff at age 16 in 1988. But medical 
professionals, who are among those arguing for a change in U.S. practices, 
say it should be higher.

Organizations such as the American Medical Association argue that 
adolescents do not have sufficient emotional maturity and reasoning 
abilities to subject them to the death penalty. They are better qualified 
than judges or other politicians to make such distinctions.

The Supreme Court should take this opportunity to ban execution of juvenile 
offenders as cruel and unusual punishment.

(source: Opinion, Pantagraph)

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