Sept. 1
CONNECTICUT:
Eduardo Santiago given death penalty for murder of Joseph Niwinski
In Hartford, the jury delivered a death penalty verdict on Tuesday in
Hartford Superior Court for Eduardo Santiago, 24, of Torrington, convicted
of murdering a West Hartford man for the payment of a broken-down
snowmobile.
The decision comes after the same jurors found Santiago guilty on Aug. 5,
following a 5-day trial, of 10 counts, including capital felony murder,
murder, and felony murder, for shooting the victim, Joseph Niwinski, a
45-year-old landscaper, in the head while he slept in his bed in December
2000.
"Joe got justice today, definitely," said one of the victims close
friends, Carol Coladonato from Marlborough. "Its what we wanted."
The jury deliberated for six days before returning the decision on Tuesday
morning. Judge Douglas Lavine questioned the 4 men and 8 women 4 times
about their verdict, which was also signed by each member of the panel.
The victims brother, Frank Niwinski Jr., of Bristol, said, "The jury spoke
for the family and nobody came out a winner. Everyone lost in one way or
another. At least he (Santiago) is still breathing and can get visitors,
but us --- he took my brother from us and we can never talk to him again."
Assistant States Attorneys Donna Mambrino and John Fahey said they were
relieved the decision arrived.
"We are pleased about how much work the jury did on this case," said
Fahey.
Mambrino agreed, "They gave the matter careful consideration and followed
the facts and the law."
Judge Lavine is expected to sentence Santiago on Dec. 10.
Defense Attorney Kevin Randolph said he expects appeals, based on legal
and factual issues, will be filed in the case stemming from evidence
presented to the jury and court procedures.
Santiago is now the 8th man to sit on death row in this state. 6 other
sentenced inmates have pending appeals, and 1 man previously sentenced to
capital felony murder is now awaiting a new trial. All are being held at
Northern Correctional Institution in Somers.
There have been no executions in this state since 1960 and 37 inmates are
currently serving life sentences for capital felony murder, according to
the state Department of Corrections, including Santiagos co-conspirator,
Matthew Tyrell, 23, of Winsted, who pleaded guilty in December 2002.
The man who hired Santiago and Tyrell, Mark Pascual, 39, of Torrington,
wanted to date Niwinskis girlfriend and told the young men he would give
them a snowmobile, and pay some credit cards bills, prosecutors said.
Tyrell and Santiago were at the victims bedside late on Dec. 12, 2000,
when 1 of the 2 men shot Niwinski in the head while he slept. Pascual
waited outside Niwinskis apartment when the victim was shot.
At Santiagos home on Forest Street, police seized bullets that had the
victims name ("Joe") scratched on them and the murder weapon, a Remington
bolt-action rifle. The men told West Hartford police they attached a
homemade silencer to the end of the rifle made from a plastic soda bottle
stuffed with paper towels.
Both Tyrell and Pascual testified Santiago pulled the trigger, but
Santiago never took the stand to tell his side of the story, nor did his
attorneys, Randolph and co-counsel John Franckling, call any witnesses in
his defense.
"We put forward the most compelling evidence that we could have in the
penalty phase," said Randolph. The attorneys called a psychiatrist and
character witnesses, who told the jury that Santiago suffered from an
abusive childhood. Randolph said he thought there was enough "lingering
doubt" over who pulled the trigger -- Tyrell or Santiago -- to extenuate
the punishment.
(source: The Register Citizen)
MONTANA:
County considers death penalty for Yetman
Carl H. Yetman was arraigned Tuesday, charged with the murder of his
estranged wife who was shot to death in Darby early Monday morning.
Due to the nature of the crime, the county attorney told the court he
would start the process to seek the death penalty.
Yetman remained nearly silent, sitting up straight, eyes forward. A
bulletproof vest protruded from the top of his orange jumpsuit. Throughout
the short hearing Yetman used mostly one-word answers to questions posed
by Justice of the Peace Robin Clute.
Sue Swenson, a long-time friend of the victim, Labecca Yetman, stood up
and yelled "coward!" to Yetman's back as was being escorted out of the
courtroom.
Anticipating the size of the audience and the use of a metal detector, the
hearing was moved up to the District Courtroom.
To begin the hearing, McLaverty and Associates were appointed as attorneys
of record, the only public defenders in Ravalli County death-sentence
qualified. To be so designated, an attorney must meet strict requirements
through the state to assure a defendant facing capital punishment is
adequately represented.
Mark McLaverty was appointed lead attorney. The case is expected to remain
in Ravalli County.
Ravalli County Attorney George Corn didn't mince words when requesting no
bail for Yetman, telling the judge there were "aggravating circumstances."
He described the alleged murder as "brutal" and "planned."
"He was lying in wait for her," Corn told the court.
Corn cited state statute that allows for no bail "when death is a possible
punishment and the proof is evident or the presumption great, that the
person is guilty of the offense charged," according to Montana state law.
Michael Montgomery, co-counsel from McLaverty and Associates, disagreed
with the assessment. He called the incident a "crime of passion." However,
he withheld any bail argument until Yetman makes his initial appearance in
District Court.
Court documents substantiated the charge of premeditated murder of Labecca
Yetman to the point that, in a statement to law enforcement officers, Carl
Yetman said he drove around the block in Darby waiting for his wife,
Monday morning, for nearly an hour.
In his statement to Ravalli County Sheriff's officers, Yetman also stated
when she arrived, he walked up to her vehicle, opened the door and shot
her multiple times with a .44 magnum handgun.
At 8 a.m. Monday Yetman was waiting for Sheriff's officers in front of
their office in Hamilton to turn himself in, according to court documents.
Officers found the weapon on the seat of his truck parked in front of the
courthouse where Yetman told them it would be.
According to the affidavit, Yetman was working in California until the
last couple of weeks prior to the homicide.
Last week he took out a legal ad in the Ravalli Republic in which he
stated "I will not be responsible for any and all debts incurred by
Rebecca (sic) Yetman."
According to employees of the paper, Yetman appeared agitated and upset.
The legal ad ran in Tuesday's paper and was scheduled to run for one week.
The day before Yetman came to the newspaper, Aug. 26, Darby Marshal Larry
Rose had performed a civil standby around 8:30 a.m. at the restaurant
where Labecca Yetman worked. During the standby she handed her husband a
set of vehicle keys and the two discussed marital property, according to
court papers.
During that discussion Carl Yetman is alleged to have become upset. Enough
so, that Marshal Rose asked him to leave and he complied.
Court papers state that Carl Yetman had not seen his wife since that day.
After the hearing Swenson described her friend as a mother of 4 who had
been anticipating the birth of her 1st grandchild any day.
"She will never see that baby now," Swenson said.
She tried to describe the kind of person Labecca Yetman was.
"Last year Carl tried to kill himself and Labecca took him to the hospital
and saved his life. That tells you the difference between them. I talked
to her almost everyday. She was finally happy and he couldn't stand it. I
don't believe it was a crime of passion," Swenson said.
If Yetman is convicted of the single charge he could receive the death
penalty or life in prison as a maximum and he will have to serve at least
10 years, according to Montana statute.
The initial appearance for Yetman in District Court was scheduled for 3
weeks.
(source: Hamilton Ravalli Republic)
NORTH CAROLINA:
Cummings verdict: Guilty
Just before 6:00 pm on Tuesday, a jury found Paul Cummings guilty of
robbery with a dangerous weapon and 1st degree murder. Now Cummings could
face the death penalty.
You could see tears in the eyes of family members of Jane Head when the
verdict was read. Cummings killed Head in 2002.
Cummings simply bowed his head when he heard the verdict. He was hoping
for a second degree conviction. Now he will face an even tougher court
battle in his sentencing hearing.
The same jury that convicted Cummings of 1st degree murder will now decide
if will be sentenced to death or life in prison.
In a court document, Cummings admitted to killing his neighbor, Jane Head,
but his defense lawyers argued he wasn't in his right mind, saying he was
drunk and on drugs.
It was almost 2 years ago that Head's daughter found her mother's body in
the Dogwood Trailer Park, off Eastwood Road.
The Head family tells WECT News 6 they are relieved, and are ready for the
next part of this trial.
Cummings' sentencing hearing will begin at 2:00 pm Wednesday.
(source: WECT TV News)
UTAH:
Death row inmate wins time
A judge has granted a defense motion from death row prisoner Troy Kell's
attorneys for additional time to get his sentence overturned or amended.
Kell, convicted of stabbing a fellow inmate 67 times with a homemade knife
10 years ago and shouting "white power" after the slaying at the Gunnison
Correctional Facility, was not in court for Wednesday's hearing.
Judge David Mower of 6th District Court gave Kell's attorneys until Feb.
25 to file paperwork to amend their petition. Prosecutors will have until
May 25 to respond, court spokeswoman Nancy Volmer said.
Kell, already serving 2 life sentences for murder, was sentenced to death
for the July 1994 stabbing of Lonnie Blackmon.
(source: Associated Press)
INDIANA:
Death penalty upheld----Man who killed family loses appeal
The Indiana Supreme Court has upheld the death penalty conviction of an
Evansville man found guilty of killing his estranged wife and their two
young children. In a unanimous decision issued Tuesday, the court rejected
arguments by attorneys for Paul M. McManus that their client was so
heavily medicated during his trial that he was unable to help with his own
defense.
His attorneys argued McManus had been treated with a cocktail of drugs
during the trial that "turned his mind into soup." But the justices found
that McManus' treatment with psychiatric drugs during his 2002 trial
helped, rather than hindered, his ability to assist his attorneys in his
defense. The justices noted McManus' psychiatric problems appeared to be
brought on by a "sudden onset of stress" after the trial jury saw pictures
of his slain wife and children, all of whom had been shot in the head.
In an opinion written by Chief Justice Randall Shepherd, an Evansville
native, the court also noted McManus appeared to have been planning the
killings for several weeks in advance.
McManus has been on Indiana's death row since June 2002, a month after he
was convicted of killing his estranged wife, Melissa, and their 2
children, Lindsey, 8, and Shelby, almost 2.
Police said McManus killed the family members the same day he had been
served with divorce papers. After the shootings, McManus jumped from the
Ohio River bridge in Henderson, Ky. He suffered only minor back injuries.
After a trial that was interrupted and delayed to get McManus medical
attention for his complaints of panic attacks and physical pain, a jury
convicted him of 3 counts of murder in May 2002.
In Indiana, all death penalty convictions get an automatic review by the
Indiana Supreme Court. McManus' lawyers' main argument in challenging the
conviction centered around the medication given to McManus during the
trial.
Shortly before the trial began, medical staff at the Vanderburgh County
Jail changed the medications McManus took for 2 psychiatric disorders. 3
days into the trial, McManus had a panic attack and was seen by physicians
who prescribed additional medication.
His defense attorneys moved for a mistrial, claiming their client was
incompetent to assist in his defense. But, after two doctors testified
McManus was still able to understand and participate in his defense,
Vanderburgh Circuit Court Judge Carl A. Heldt ruled McManus was competent
to stand trial. According to Vanderburgh County Prosecutor Stan Levco, the
doctors' testimony indicated McManus may have been faking symptoms of
mental illness during the trial.
Under Indiana law, McManus now has 30 days to appeal the Indiana Supreme
Court's decision. If that appeal fails, though, there are several
additional steps in the appeals process before an execution date would be
set.
(source: Courier Press)
