Sept. 14 TEXAS----re: federal death penalty to be sought Death penalty challenged in smuggling case An attorney for a suspect in a deadly human smuggling case in Texas will challenge the federal government's request for the death penalty. Craig Washington, who represents Tyrone Williams, said the federal law allows prosecutors to use a constitutionally "low standard" to show his client intended to commit a crime deserving death, the Houston Chronicle reported. Williams was driving a tractor-trailer rig in which 19 undocumented immigrants were found dead in May 2003 at a truck stop in Victoria, Texas. Federal prosecutor Daniel Rodriguez told the judge that a U.S. Supreme Court decision in an Arizona case allowed the government to seek the death penalty. He said that ruling should apply in the prosecution of Williams. Williams was one of 14 people indicted after the bodies were discovered in the abandoned trailer truck. 17 died inside the trailer and 2 later at a nearby hospital. Williams is the only defendant facing the death penalty. (source: United Press International) GEORGIA: Death Penalty Debate Continues in Atlanta; Second Stop in Seven- State Tour Across South Atlanta University Center will be the second stop in a seven- state tour of historically black colleges and universities aimed at promoting student involvement in civil and human rights issues as well as voter registration and turnout. The National Coalition to Abolish the Death Penalty will visit AUC Thursday, Sept. 16 and Friday, Sept. 17. NCADP launched its tour to focus attention on the U.S. Supreme Court case Roper v. Simmons, which challenges the constitutionality of the juvenile death penalty. Arguments will be heard Oct. 13. A forum examining the juvenile death penalty will be held 6-8 p.m. Thursday in LLC-2 Auditorium of Spelman College. Participating in the forum will be the director of NCADP's Campaign to End Juvenile Executions, Sapna Mirchandani; Ajamu Baraka, executive director of U.S. Human Rights Networks; and Shani O'Neal, a young black activist and New Voices fellow at International Possibilities Unlimited. The forum will be moderated by Brenda Lewis, Atlanta resident and chairwoman of NCADP's Board of Directors. On Friday, Sept. 17, students will participate in "Reviving the Sleeping Giant," an afternoon concert and rally in the AUC area. Following the rally will be a "Political Empowerment Roundtable," featuring nationally known black leaders. Invited guests include Rev. Jesse Jackson Sr., Atlanta Mayor Shirley Franklin. Artist Sister Souljah and U.S. Rep. Herald Ford. "Human rights and the death penalty are issues that spark the interest of today's generation of black college students," said Jotaka Eaddy, NCADP's lead organizer. "These students will help determine the outcome of the November elections in the short term and the death penalty over the longer haul. It is time for our voices to be heard and it is time for our votes to be counted." The HBCU tour, which will run from Labor Day weekend through Thanksgiving, will visit HBCUs during classic football games and homecoming events and will provide a fun and educational mix of hip-hop culture, student activism and education. In addition to Atlanta, tour venues include Georgia, North Carolina, Texas, Virginia, Florida, Tennessee, Louisiana and Washington, D.C. NCADP has joined with Be. Magazine in organizing the tour. BE Magazine is distributed to 60,000 students at historically black colleges and universities, and is written and produced by HBCU students. (source: NCADP) KENTUCKY: Music Store Murder----Prosecutors To Seek Death Penalty A new development in the murder of a Lexington record store clerk. Taquan Neblett is charged with murder, assault and robbery... crime prosecutors now say Neblett should die for. Fayette County Commonwealth's Attorney Ray Larson says he will seek the death penalty in this case. Neblett is accused in the July 2nd murder of Derek Elam outside Sammi's music store. Larson says the fact that Neblett was on parole when he allegedly committed this murder makes it a death penalty case. 26-year-old Neblett has entered a not guilty plea in the July murder. Neblett was convicted in 1993 for the murder of Louisville cab driver. He was on parole when police say he shot and killed Elam at Sami's music store and wounded the store's owner Sami Hajibrahim (Abraham). (source: WKYT News) CONNECTICUT: Accused killer faces death penalty -- Jonathan Mills confessed to the Guilford triple homicide that took place in December 2000. On Dec. 27, 2000, at approximately 1 a.m., Jonathan Mills allegedly entered 31 Field Road in Guilford and murdered Katherine "Kitty" Kleinkauf, and two of her children, Rachel Crum, 6, and Kyle Redway, 4. The 3 were asleep in Kleinkauf's bed. Prosecutors say Mills then proceeded to steal Kleinkauf's ATM card and Ford Taurus, and buy large amounts of crack-cocaine. Now it is up to a jury and the Hon. Judge Jon Blue of the New Haven Superior Court to decide if Mills planned to murder the 2 children. Mills' trial began Sept. 7. He is facing 15 charges, including capital murder, capital felony, burglary and robbery with the use of a dangerous instrument. The state prosecution, led by attorney Michael Dearington, wants Mills to face the death penalty if he is found guilty on intent to murder the children. Mills already confessed to the murders back in 2000 when he was in custody of the Guilford police. Mills also confessed to stealing the ATM card, using it to get cash to purchase crack-cocaine, stealing Kleinkauf's car and leaving it at the Guilford train tracks. Mills' defense tried for a plea bargain for life imprisonment, but was denied. The state elected to proceed with the trial and the possibility of the death penalty. "The state will essentially prove that the accused entered the room while looking for an ATM card and some money. He entered the room with two knives and proceeded to stab Ms. Kleinkauf," said Dearington in his opening remarks. The defense, led by Public Defender Thomas Ullmann, seeks to prove that Mills had consumed a large quantity of drugs, including heroin, cocaine, crack and alcohol, hours before and after the murders. "But the drug use will never be offered as an excuse for his behavior," said Ullmann, regarding Mills' actions. "For hours before the murders, Mills and friends used cocaine, heroin and alcohol. Mills has provided the police with a full confession, but he also indicated that he was on massive amounts of narcotics," said Ullmann in his opening statement. Ullmann prepared the courtroom for graphic murder scene photos that were to be exhibited by the prosecution. He told the jury that the gruesome scene is what 11-year old Alyssa Kleinkauf walked in on. "I can assure you that we (the defense) are deeply affected by this case," said Ullmann. Mills reportedly stabbed Kleinkauf 45 times and each child 6 times with 2 different knives with 8-inch blades. According to Ullmann, when Mills was asked why he brought knives into the bedroom to steal the ATM card he said, "in case they woke up." Ullmann also said that the three forensic psychiatric doctors who examined Mills will take the stand. Ullmann has also submitted Mills' criminal record, family background and his substance abuse record to psychiatrists. Doctors will determine if Mills is emotionally disturbed The 1st witness called to the stand on Tuesday was Jessica Fonicello, a 33-year Guilford resident and Kleinkauf's next door neighbor. Fonicello was the 1st adult to discover the bodies of her neighbor and 2 children. Kleinkauf's other daughter Alyssa, who was 11 years old at the time, had just returned home from a sleepover and saw Fonicello outside. "I was outside and I saw Alyssa crying," said Fonicello. "Alyssa asked if I could help her. She said 'my mom's lying and bed and there's blood everywhere and I'm scared,'" said Fonicello. Fonicello entered the Kleinkauf's home and discovered the bodies in Katherine's bed. She then returned to her home to lock her own 2 children, Alyssa, her godson and Alyssa's friend in her home. Fonicello returned back to the Kleinkauf residence to phone 911. Fonicello was visibly shaken as she spoke. While choking back tears, she spoke of the friendship between the four neighborhood children. "They played together almost every day," said Fonicello. Fonicello was also asked to describe which child slept in which bedroom. "Kyle usually slept with his mother, he was scared to sleep alone," Fonicello said. Rachel had shared a room with Alyssa. Since Alyssa was spending the night at a friend's that evening, Rachel shared her mother's bed. Fonicello's nervous voice carried throughout the courtroom as the 911 tape was played. "I need you to come quickly, there's blood everywhere," Fonicello told police. Guilford firefighter Keith Kennel was next on the witness stand. Kennel has been with the Guilford fire department for 19 years, serving as an EMT and a firefighter. He was the first EMT to respond at the Kleinkauf home. Kennel described how he walked into the home and found the victims. He checked for vital signs on each of the victims, he said, and realized there were none. He then called for backup. The prosecution showed photos of the murder scene to Kennel and asked him to identify the victims. The photos showed blood-covered sheets and walls. Mills shook his head. Kleinkauf's eldest daughter, Denise, sat quietly with friends and other relatives as photos of her mother and 2 siblings were exhibited. According to the next witness, Detective William Guida, who was a member of the State Police major crimes unit for 17 years, the accused killer's fingerprints and clothing were found at the scene. Guida also described an empty denim purse that was sprayed with blood and lying next to the victim's bed. Guida described finding the 2 knives in a reed-filled patch behind the house. The knives, an Echo carving knife and a Tristar butcher knife, were both covered in blood. Several inches away were Mills' clothing, including an olive green shirt and black jeans. The trial is expected to last up to 5 weeks. The jury includes 12 regular jurors and 5 alternates. If convicted, Mills will face a separate hearing in which a jury will decide if he will face the death penalty. (source: Shore Line Times) WASHINGTON: Legislators say they'll take up issue in coming session A recurring problem with DNA contamination and errors at the Washington State Patrol crime labs has prompted a call for a legislative review and sparked a debate about whether a law enforcement agency should be running the labs. Defense attorneys and legislators say a review of the statewide forensic system is needed to address whether more government oversight is needed over the labs that process the bulk of Washington's criminal evidence. The Seattle Post-Intelligencer reported this summer that forensic scientists at the labs have contaminated tests or made other mistakes while handling DNA evidence in at least 23 major crime cases over the last 3 years. The P-I's investigation also raised questions about other systemic flaws, including failures in the lab system's internal checks and balances, and delays in dealing with misconduct or inept work by veteran employees. State Rep. Al O'Brien, D-Mountlake Terrace, said he was surprised to find out about the lab system's problems, especially those related to DNA testing. "I was really kind of disappointed," said O'Brien, who is chairman of the House Criminal Justice and Corrections Committee. "I'm going to ask for a review during this upcoming session of the Legislature," he said. "... People's lives are at stake." Lab scientists tainted tests with their own DNA in eight of the 23 cases, according to State Patrol and court records. They made mistakes in 6 other cases -- from throwing out evidence swabs to misreading results and pointing to the wrong rape suspect. Tests were contaminated by DNA from unrelated cases in 3 examinations, and between evidence in the same case in another. The source of contamination in 5 other tests is unknown. In one instance, cross-contamination between 2 rape cases led to a King County child molester having a decade shaved off his sentence. Forensic experts said the 23 cases signal a more widespread problem with DNA contamination and errors because the lab is only catching the most obvious cases. State Patrol lab officials say they have strict protocols in place that guarantee these incidents represent only a tiny fraction of the 1,400 DNA cases handled each year. Barry Logan, director of the state crime lab system, called the Forensic Laboratory Services Bureau, said he'd welcome scrutiny from state legislators. "It would give us a chance to lay to rest any concerns," said Logan, who oversees a $21 million biennial budget and 120 employees at 7 labs. More frequent audits by an independent body are needed to ensure the lab is following proper protocols, said state Sen. Val Stevens, R-Arlington, who holds key positions on Senate committees addressing criminal justice and government operations. "That would be No. 1," Stevens said. "One wrongful accusation in my mind is just inexcusable. It should be above reproach." Routine spot checks of forensic scientists' work should also be conducted by an outside lab, rather than relying on the lab's internal system of having colleagues review each other's results, she said. And the lab should take a close look at the past work of any forensic scientist who quits or is fired, she said -- something that has not been done in most cases. The crime labs' DNA caseload has been increasing rapidly since forensic scientists switched to a more sensitive test 3 years ago. But the sensitivity of that test also heightened the risk of contamination. Every cell in the human body contains a copy of a person's unique DNA, or deoxyribonucleic acid -- a microscopic strand that determines eye color, height and other inherited characteristics. A DNA match is considered infallible proof of guilt or innocence in many crimes. In order to meet federal funding requirements, the State Patrol labs undergo a DNA audit every 2 years. The audit is done on contract by a forensic scientist from another state-run or private crime lab. The lab also undergoes voluntary accreditation once every 5 years by an industry-run group, a process scheduled for later this year. Critics have said the audits and accreditation are rubber stamps that fail to enforce stringent standards. "The scary part is that the people sitting on juries think all these precautions have been made and they can rely on the evidence," said Roger Hunko, past president of the 750-member Washington Association of Criminal Defense Lawyers. "It's not really (being done.) It's just not. ... Until there's someone pushing it in the Legislature, it won't happen." Only a small percentage of the labs' forensic cases are scrutinized by defense experts, said Anne Daly, president of the 800-member Washington Defender Association, which represents public defenders. "We shouldn't be the crime lab's strongest check and balance," Daly said. "To me that's amazing when you think of what's at stake." Legislators should not only put more safeguards in place but address the backlog of DNA cases, Hunko said, adding: "You not only have them making mistakes but long delays. That doesn't bode well for justice." If lawmakers are going to require additional audits, they'll have to provide funding, said Logan, adding that he doesn't believe the extra scrutiny is necessary. "We've been very happy with the way Dr. Logan has dealt with the lab," said Jim Nagle, president of the Washington Association of Prosecuting Attorneys. The lab needs more money to address backlogs, not more scrutiny, Nagle said. A big concern according to defense attorneys is that the lab system's neutrality is compromised by its affiliation with the State Patrol. "There's a tendency to want to convict criminals not have a truly neutral scientific approach," Hunko said. "They start out as scientists and they eventually become cops." The solution would be to set up an independent forensic state agency, defense attorneys said. "I'm troubled by the bias that showed up in some of the cases," said Daly. "They're supposed to be an objective independent entity." Lab workers shouldn't be talking to police officers during the testing process because of the risk of skewing results, she said. Records of several cases marred by DNA contamination or errors cited in the P-I investigation indicated that pressure from prosecutors or police led forensic scientists to rush cases. Another option would be to privatize the lab system, said Stevens. "The thing I saw in all of this was the conflict of interest in having the government doing the forensic work," she said. "I've had a problem with this for a long time." But Logan said the lab system's ties to the State Patrol have paid off when seeking much-needed budget increases. "If we were a stand-alone agency who would be lobbying for us? Defense attorneys? I don't think so," Logan said. Setting up a separate forensic agency would also cost at least an additional $1.5 million annually to replace services such as payroll, human resources and internal affairs investigation now provided by the State Patrol, said Logan. He said he has not seen any evidence that forensic scientists are biased by links to the State Patrol. The labs' recent problems with DNA contamination and errors don't worry Diane Oberquell, vice chairwoman of the Forensic Investigations Council, a state panel that oversees the crime lab system. "There's always contamination with DNA," said Oberquell, who said a tiny fraction of the lab's cases were affected by the problem. "It doesn't affect the final analysis." What's important is that the lab keeps meticulous records and discloses problems to defense attorneys, Oberquell said. "The Washington State Patrol crime lab is No. 1 with regards to its procedures and functions," said Oberquell, who said her comments represented personal views, not those of the council. (source: Seattle Post-Intelligencer)
