NCADP OCTOBER 2004 EXECUTION ALERT Sept. 30: David Kevin Hocker (AL): http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1 50 Oct. 5: Edward Green III (TX) http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1 82 Oct. 6: Peter Miniel (TX): http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1 81 Oct. 8: Sammy Perkins (NC): http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1 79 Oct. 12: Donald Aldrich (TX) http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1 83 Oct. 13: Adremy Dennis (OH) http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1 86 Oct. 20: Ricky Eugene Morrow (TX) http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1 80 Oct. 22: Charles Wesley Roache (NC) http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1 85 Oct. 26: Dominique Green (TX) http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1 84 ALABAMA David Kevin Hocker September 30, 2004 (6:00 PM CST) Take Action at: http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1 50 The state of Alabama is scheduled to execute David Kevin Hocker, a 33 year old white man, September 30th for the 1998 murder and robbing of his boss, Jerry Wayne Robinson of Houston County. Hocker's capital murder conviction appeal was rejected in April 2002 by the Alabama Court of Criminal Appeals. Hocker has waived his right to further appeals. At the time of the crime, Hocker, who was living in a motel and did not have a car asked Robinson to drive him run an errand in neighboring Henry County where he stabbed and beat him to death. Hocker then stole Robinson's debit card and withdrew $400 which he later used to purchase cocaine. Hocker was later observed driving Robinson's truck and was consequently arrested two days after the murder. Hocker later led investigators to Robinson's body in a wooded area in Headland. Hocker's case is unusual because he has elected not to continue the appeals process. According to Assistant Alabama Attorney General Clay Crenshaw, Hocker has consistently refused an attorney and the opportunity to appeal his sentence. His decision was supported by District Attorney Doug Valeska who said, "Hocker is guilty. He is ready to take his punishment and man enough to do it." Hocker, who was physically and mentally abused by his father who committed suicide when Hocker was 8 years old is obviously not in a healthy state of mind as he guides the state's hand in his own suicide. Please take a moment to write Governor Riley protesting the state's involvement this suicide-killing! TEXAS Edward Green Oct. 5, 2004 (6:00 PM CST) Take Action at: http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1 82 The state of Texas is scheduled to execute Edward Green III on Oct. 5 for the 1992 murders of Edward Perry Haden and Helen O'Sullivan. The murders took place in Harris County during a botched robbery when Green, a black man who was 18 at the time of the crime, shot and killed the elderly couple. They were sitting in Haden's car while stopped at an intersection. Green's attorneys argued many key issues in his trial were overlooked. First, during the course of deliberation, the jury sent a note to the Judgeasking for clarification on the testimony of Ramon Campos, one of Green's therapists who testified. The jury asked whether Campos stated that Green suffered from "emotional problems" during childhood. The Judge replied stating Campos had not used the term "emotional problems." However, the jury was not informed that other emotional words such as "grief, hatred, and anger" were used. Campos testified that Green had an extremely traumatic childhood including coping with his mother's cocaine and alcohol addictions. At age nine, Green's father was murdered and hung from a tree in what was apparently a drug-related crime. Green's mother also testified that he witnessed his father's physical abuse of her. According to Campos, Green had one of the worst cases of Post-Traumatic Stress Disorder that he had ever encountered. Additionally, Green's trial attorneys failed to interview Capos as well as counselors who knew Green before the crime was committed. These counselors would have testified that green was prematurely released and that Green was "scared to leave Giddings and that he was afraid he would simply commit another crime." Attorneys representing Green also argue that he should have received an automatic life sentence when the jury sent a note stating they were deadlocked. According to the "12-10 rule" this action should have resulted in an automatic life sentence. However, an appellate court stated that because the trial lawyer did not present a claim to this effect, this claim could not be considered during appeals. In addition, Green's trial jury was not informed that an alternative to the death sentence would have been a 35- year minimum incarceration meaning Green would have been almost 55 years old before his first chance of parole. Without this knowledge, the death penalty may have been arbitrarily imposed violating the 8th Amendment to the U.S. Constitution. The Texas Court of Criminal Appeals ruled that since the record did not show that Green presented a claim in this regard to the trial court, the claim was procedurally defaulted. A final factor which may have contributed to Green's death sentence is the fact that the victims of the crime were the parents of an attorney, who was a legal prosecutor in Harris County at the time of the crime. The chance of heightened emotions within the legal community, including judges and prosecutors, might have affected the fairness of the trial. In light of the many facts surrounding the case, please urge the Board of Pardons and Paroles to recommend that the Governor commute Edward Green III 's death sentence. Also, please write Governor Perry asking him to intervene and prevent Mr. Green's execution. TEXAS Peter Miniel Oct. 6, 2004 (6:00 PM CST) Take Action at: http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1 81 The state of Texas is scheduled to execute Peter J. Miniel (a.k.a. Peter Hernandez) Oct. 6, for the May 1986 robbing and murder of 20-year-old Paul Manier in Harris County. According to prosecutors, Miniel, a Latino man, and James Russell robbed, beat, and fatally stabbed Manier in his apartment. The two men then left the apartment and parted ways. Miniel was arrested in Chicago on May 21. The next day, James Russell was arrested in Brookshire, Texas for the same crime. Chicago investigators then taped a confession which became a later point of contention. Miniel maintained he was beaten and threatened by Chicago police upon his arrest leading him to confess involuntarily. Miniel stated Chicago detectives told him to say whatever officers told him to or he "wouldn't make it." Miniel also stated he was not notified of his Miranda rights and was refused his request to talk to a lawyer. During the appeals process, Miniel's attorneys also maintained that Miniel was denied effective counsel because his trial attorney did not cross- examine the co-defendant, Russell, despite the fact that his and Miniel's stories conflicted regarding which man initiated the robbery-beating. In addition, Miniel's trial attorney did not object when the prosecutor wrongly stated in his closing arguments that Miniel's fingerprints were found on the object allegedly used to kill the victim. Miniel's case serves as an example of the arbitrariness of capital punishment in the U.S. Records show that he and James Russell acted together in a capital crime. However Russell has received a 50-year sentence because he was willing to testify against Miniel who is now scheduled to be executed. Supreme Court Justice Harry Blackmum once commented on the arbitrary nature of the death penalty in the following way: "Despite the effort of the states and courts to devise legal formulas and procedural rules to meet this daunting challenge, the death penalty remains fraught with arbitrariness, discrimination, caprice, and mistake." Please write Governor Perry protesting the execution of Mr. Miniel and the arbitrary execution of those on Texas' death row. NORTH CAROLINA Sammy Perkins Oct 28, 2004 (2:00 AM EST) Take Action at: http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1 79 The state of North Carolina is scheduled to execute Sammy Perkins, a black man, Oct 8 for the 1992 rape and murder of seven year-old Lashenna Moore in Pitt County. Perkins, who suffers from bipolar disorder, was using alcohol, heroin, and crack cocaine at the time, and has a long history of substance abuse and mental illness. Perkins was first scheduled to be executed on May 21. The execution was halted when District Court Judge Terrence Boyle issued a stay pending the Supreme Court ruling on a case challenging the constitutionality of lethal injection. Pekins has a family history of mental illness. He was diagnosed with bipolar disorder in 1997, and a prison psychiatrist noted symptoms of long-term use of anti-psychotic medication. However, for most of Perkins' life, his economic status prevented him from obtaining psychiatric help. In 1975 Perkins was arrested for "walking around without his clothes on," according to his mother. Left untreated, bi-polar disorder is a debilitating mental illness, with extreme mood swings, depression, and manic highs. As he self-medicated his moods and depression with cocaine, heroine, and alcohol, the condition worsened. Supporters of Perkins maintain that this crucially potential mitigating evidence of profound mental illness was not presented at trial. Perkins' early bizarre behavior was not investigated by either of his two trial lawyers and there was no expert to explain to the jury how it affected Perkins' ability to make decisions or how it affected his reaction to alcohol and cocaine. Had recent guidelines for appointing attorneys in capital cases applied in Perkins' case, he would have been assigned a lawyer with enough experience to spot this important issue. At the time of Perkins' trial and review, judges had the discretion to limit or refuse completely to fund expert witnesses. Perkins' request for experts was not given appropriate attention. Supporters of Perkins also maintain the outcome of the sentencing hearing would be drastically different if the case was tried today under recently imposed guidelines for North Carolina, which restrict trial judges ability to limit expert witnesses. Forensic psychiatrist Billy Royal testified that Perkins' mental illness in combination with his consumption of both prescribed and illicit drugs and alcohol impaired his ability to distinguish right from wrong, make plans, or premeditate his actions. The execution of those with mental illness has become an international human rights issue. Human Rights Watch reports that there are 10 times as many men and women in prison as in mental hospitals. Reports estimate that 10 percent of death row inmates are mentally ill, though some maintain that the number is much higher. When mental illness manifests itself violently, the general population should be protected. However, the answer is not to further victimize those who suffer with the "ultimate punishment" of death. There are also serious allegations of jury misconduct. Court official Tammy Beachum reported that she was informed that the jury had decided on Perkins's guilt before the trial was completed; and furthermore had determined that death was appropriate. Premature jury deliberation undermines a defendant's right to due process and is grounds for a mistrial. The court ruled that Perkins' case was unaffected by this misconduct. Perkins is a mentally ill man who did not receive a fair trial, and is arguably ineligible for a capital murder conviction. While this is a horrifying crime, the infliction of more violence is not the answer. North Carolina has the option of life without parole, which is the only humane alternative in this case. To perpetuate the cycle of violence, to create more victims, and uphold murder as an option for justice will never bring healing. Please contact Gov. Easley and urge him to stop the execution of Sammy Perkins letting him know that you do not support the execution of the mentally ill! TEXAS Donald Aldrich Oct 12, 2004 (6:00 PM CST) Take Action at: http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1 83 The state of Texas is scheduled to execute Donald Aldrich for the 1993 robbery and murder of Nicholas West in Smith County. Aldrich, a white man, confessed to targeting West because he was gay. Aldrich, acting with David McMillan and Henry Dunn Jr., abducted West from a city park known as a hangout where gay men met. According to a plan carried out several times before, Aldrich took West to a remote area of Smith County where he met Dunn and McMillian. It was at this time that Aldrich and Dunn shot the victim several times, killing him. Donald Aldrich was sentenced to death largely because the jury was fearful that he would pose a future threat to society or to other prisoners. The jury undoubtedly formed this decision after hearing the prosecutor's psychiatric "expert" witness testimony stating that Aldrich is pathologically violent. The facts simply do not support this claim. In a study done by the Texas Defender's Service, predictions for future violent behavior of inmates in Texas were incorrect 95 percent of the time. Additionally Aldrich had no history of violence prior to the robbery and murder of West. He has been on death row for 10 years and has demonstrated no violent behavior. Aldrich has demonstrated that he can live peacefully in a structured environment. The murder of Nicholas West was a tragedy made more alarming by the fact that it was a crime motivated by hate and discrimination towards West because he was gay. It is important to send a clear message that hate crime will not be tolerated by the state and that hate crime offenders will be prosecuted and punished. However, it is known that the death penalty does not deter crime in Texas or in any other state. As someone who presided over many of Texas's executions, former Texas Attorney General Jim Mattox once remarked, "It is my own experience that those executed in Texas were not deterred by the existence of the death penalty law." Similarly, when the presidents of the top academic criminological societies in the United States were polled, 84 percent of these experts rejected the notion that research had demonstrated any deterrent effect from the death penalty. Please take a moment to write Governor Perry and the following others protesting this execution based on the fact that it will not deter future violent crimes nor was Aldrich accurately characterized as a pathologically violent offender. OHIO Adremy Dennis Oct 13, 2004 (10:00 AM EST) Take Action at: http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1 86 The State of Ohio is scheduled to execute Adremy Dennis, an African-American man, Oct. 13. for the murder of Kurt Kyle in Summit County. According to the state, Dennis and an accomplice robbed Marty Eberhart and Kurt Kyle at gun point at approximately 1:30 a.m. The state alleges that Dennis intentionally shot Kyle after the victim failed to give anything of substance to the defendant. Dennis admits that he shot the victim but maintains the shooting was accidental. He was under the influence of alcohol at the time of the crime as well as possibly during his interrogation. The defense claimed on appeal that his altered state prevented him from being fully aware of his actions. Several problems with the original trial were presented upon appeal of Mr. Dennis's conviction to the Court of Appeals in Ohio including the specific exclusion of minority voters from the jury pool as well as the specific exclusion of members of the jury pool who had reservations about the death penalty. Unfortunately, as is common in cases involving the death penalty, there is a question of ineffective counsel. During the initial criminal trial, the counsel to the defendant did not raise objections to the challenging of two potential African-American jurors until after the jury had been sworn in. Essentially, the motion was too late to be considered effective. In addition to the various mitigating factors presented during the trial, there are other valid reasons not to execute Dennis. Dennis was the unfortunate recipient of ineffective parenting. According to Dr. Brown, a psychologist who testified on his behalf, stated Dennis lacked effective "parenting" until the age of 15. Adremy's abusive father left when he was only five years old and he and his brother were removed from his mother's care when he was 13. After staying in various homes he was eventually placed in a foster home at the age of 15. Dr. Brown also conducted an IQ testing showing Dennis at only three percentage points above what is considered to mentally retarded. Supporters of Dennis point to other problems with the trial involving the jury. They maintain four jurors did not agree with or were undecided with imposing a death sentence. However, they were reportedly pushed to proceed. One jurist did not reveal she had been raped and assaulted as a child. This was discovered during the course of the trial and she was allowed to sign a wavier that she could continue during the deliberation process. A federal lawsuit challenging the constitutionality of lethal injection has been filed on behalf of Dennis and another man on Ohio's death row. Lethal injection in Ohio consists of using a short-term anesthetic and then administering a paralyzing drug. This combination can combine to leave a person conscious but paralyzed during the very painful effects of death by suffocation and heart attack. It is for this reason that veterinarians forbid the use of this combination of drugs for euthanizing pets. The Ohio Public Defender's Office is arguing that this violates a person's constitutional right to be free from cruel and unusual punishment. Please take minute to write Gov. Taft protesting the execution of Adremy Dennis and requesting he grant Mr. Dennis clemency. TEXAS Ricky Morrow Oct 20, 2004 (6:00 PM CST) Take Action at: http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1 80 The state of Texas is scheduled to execute Ricky Eugene Morrow on Oct. 20 for the 1982 murder of Mark Frasier and the attempted murder an FBI agent who was attempting to arrest Morrow. Morrow robbed the Metropolitan Savings and Loans Association Bank at a shopping center in Harris County. It was the second bank he had robbed that day. Police later surrounded the hotel room which Morrow and his wife, Linda Ferguson Morrow occupied. Morrow reportedly opened fire on two of the FBI agents but did not injure them prior to his surrender and arrest. Morrow's appeals process has primarily revolved around four FBI documents surrounding the robbery and shooting which the prosecutor was aware of but did not reveal to the defense. The Fith Circuit Court of Appeals stated that the prosecutor inappropriately failed to reveal some of this information to the defense. The documents included information which would have added to the mitigating evidence presented in the trial. Morrow has maintained Frasier was shot accidentally as he was leaving the bank due in part to his altered state as he was under the influence of drugs and alcohol. The documents the prosecution kept from the defense included testimony from eyewitnesses stating that at the first bank robbery, which occurred shortly before the second, Morrow appeared to be "high" or intoxicated. One such document was an FBI report reflecting that a witness told an FBI agent that Morrow had bloodshot eyes and a "wild look," and that he appeared to be "on drugs" or intoxicated. Another report prepared by an FBI agent reflected that a police officer reported that Morrow had slurred speech and "wild" eyes upon his arrest. In all there were five documents reporting various witnesses stating that Morrow appeared to be under the influence of substances. The Fifth Circuit Court of Appeals stated these documents were illegally kept from the defense. However, other testimonies indicating that Morrow appeared to be sober and thus would have been unlikely to accidentally shoot the victim were used in court and must have contributed to the jury's decision to sentence Morrow to death. The jury was not given the opportunity to weigh the opposing testimonies in order to determine the probability of Morrow's intent to kill. Please write Governor Perry to protest the execution of Mr. Ricky Morrow and to urge him to grant clemency. NORTH CAROLINA Charles Wesley Roache Oct 22, 2004 (2:00 AM CST) Take Action at: http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1 85 The state of Texas is scheduled to execute Ricky Eugene Morrow on Oct. 20 for the 1982 murder of Mark Frasier and the attempted murder an FBI agent who was attempting to arrest Morrow. Morrow robbed the Metropolitan Savings and Loans Association Bank at a shopping center in Harris County. It was the second bank he had robbed that day. Police later surrounded the hotel room which Morrow and his wife, Linda Ferguson Morrow occupied. Morrow reportedly opened fire on two of the FBI agents but did not injure them prior to his surrender and arrest. Morrow's appeals process has primarily revolved around four FBI documents surrounding the robbery and shooting which the prosecutor was aware of but did not reveal to the defense. The Fith Circuit Court of Appeals stated that the prosecutor inappropriately failed to reveal some of this information to the defense. The documents included information which would have added to the mitigating evidence presented in the trial. Morrow has maintained Frasier was shot accidentally as he was leaving the bank due in part to his altered state as he was under the influence of drugs and alcohol. The documents the prosecution kept from the defense included testimony from eyewitnesses stating that at the first bank robbery, which occurred shortly before the second, Morrow appeared to be "high" or intoxicated. One such document was an FBI report reflecting that a witness told an FBI agent that Morrow had bloodshot eyes and a "wild look," and that he appeared to be "on drugs" or intoxicated. Another report prepared by an FBI agent reflected that a police officer reported that Morrow had slurred speech and "wild" eyes upon his arrest. In all there were five documents reporting various witnesses stating that Morrow appeared to be under the influence of substances. The Fifth Circuit Court of Appeals stated these documents were illegally kept from the defense. However, other testimonies indicating that Morrow appeared to be sober and thus would have been unlikely to accidentally shoot the victim were used in court and must have contributed to the jury's decision to sentence Morrow to death. The jury was not given the opportunity to weigh the opposing testimonies in order to determine the probability of Morrow's intent to kill. Please write Governor Perry to protest the execution of Mr. Ricky Morrow and to urge him to grant clemency. TEXAS Dominique Green Oct 26, 2004 (6:00 PM CST) Take Action at: http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1 84 The state of Texas is scheduled to execute Dominique Green on Oct. 26 for the 1992 robbery and shooting death of Andrew Lastrepes of Harris County. Green, a young black man who was 18 at the time of the crime, was accompanied by three other young men who all played active roles in the robbing which resulted in murder. Green's case is tainted with racism. Of the four individuals who participated in the crime, the three who are black, including Green, were prosecuted. The white individual who admitted to being present at the murder and sharing in the proceeds of the crime, was not prosecuted and has served no prison time. Perhaps the most alarming aspect of racism in Green's case involves the testimony of Dr. Walter Quijano. During the sentencing phase of the trial, Green's court-appointed attorney chose Dr. Walter Quijano to testify in his defense and to analyze his future dangerousness. Quijano's testimony in capital murder cases came under public scrutiny in 2000 when the U.S. Supreme Court overturned the death sentence of an Argentine national convicted of abducting and murdering a man in a suburb north of Dallas. Quijano had told a Collin County jury that Victor Saldano's Hispanic ethnicity could be considered a factor when deciding whether he was likely to commit future acts of violence since blacks and Hispanics are overrepresented in the Texas criminal justice system. Dr. Quijano maintained Green would be a future threat to society because he never developed a moral conscience and would be a danger to society if allowed to live. Green's race was one of the factors considered when Dr. Quijano reached this conclusion yet the jury was not aware of this prejudice. Supporters of Green maintain that since Dr. Quijano's testimony, two psychiatrists and one psychologist have said that he would not be a danger to society if allowed to live in a structured setting. Racism played yet another role in sentencing Green to death when the prosecution introduced the content of a letter Green wrote to a friend from prison before the trial. In the letter, Green quoted a rap song, referring to himself as a "trigga happy nigga." Green's trial attorney did not explain to the all white jury that this phrase was included in the letter as an ironic depiction of how Green thought the police perceived him or that the words came from a rap song. Green endured an extremely difficult young life in the time prior to his incarceration. He was born into a poor family where both of his parents were alcoholics. His mentally ill mother abused and tortured him and his younger brother. He was thrown out of the house at age 15 where he and his brother rented a storage shed and sold drugs to support themselves. Since his conviction, Green has changed and grown dramatically. After visiting with Green on death row, South African Archbishop Desmond Tutu described Green as having undergone a dramatic transfiguration . "He has changed. He is a beautiful person that the world cannot afford to lose." Mrs. Lastrapes, the widow of the crime victim, told Archbishop Tutu that she forgave Dominique and that she and her sons did not want to see him executed. Please write Gov. Perry and the Board of Pardons and Paroles protesting the execution of Dominique Green. A penalty facilitated by a system fraught with racial and economic prejudice is abominable and unjust. Additionally, the victim's family has proclaimed this action will not help them in their healing process as they recognize that state killing will not end the cycle of violence. Sarah Wisely Communications Assistant National Coalition to Abolish the Death Penalty 202-543-9577 ext. 14
