Oct. 7 PENNSYLVANIA: Ex-Banks prosecutor wants death sentence carried out Lawyers for mass murderer George Banks say they have no intentions of letting his death warrant be carried out. Within the next few weeks, lead defense attorney Al Flora said the Banks' defense team will ask the Luzerne County Court to halt the execution scheduled for Dec. 2 while a new round of appeals plays out. Banks' case has twice made its way to the U.S. Supreme Court on appeal, and a 5-4 vote by the high court in June ended arguments that death penalty instructions given to Banks' 1983 jury violated his rights. But Flora said the defense has two more appeal issues that have not yet been raised. He declined to give specifics at this time, however. "Hearings will probably be required down the road," he said. Flora also couldn't say exactly when the new appeals would be filed, but stressed there were no plans to wait until the last minute. "That's the last thing we would do on something like this," Flora said. Banks of Wilkes-Barre was convicted in 1983 and sentenced to death for a September 1982 murder spree that claimed the lives of 13 people, including five of his children, in Wilkes-Barre and Jenkins Township. On Tuesday, Gov. Ed Rendell signed Banks' death warrant, and execution is scheduled for Dec. 2. This is the 3rd time Banks' death warrant has been signed. Former Gov. Tom Ridge had twice signed death warrants for Banks, but both times appellate courts blocked the execution. The June ruling by the U.S. Supreme Court cleared the way for the execution to be carried out. Former Luzerne County District Attorney Robert Gillespie Jr., who headed up the prosecution, hopes Banks' sentence is carried out but knows it probably will not occur as scheduled. "I would be shocked if December was the execution date for George Banks," he said. "I think it's almost inevitable that it will be (delayed). I hope I'm wrong." But Gillespie remains confident in the fairness of the trial and the appropriateness of the sentence. "I think, eventually, they're going to run out of appealable issues, and I think the appellate courts are going to get tired of hearing the name George Banks," he said. "If there is ever a person who deserves execution, it's George Banks, and I think, eventually, that will happen." While a 1983 jury found Banks was not insane, the current status of his mental faculties is unclear. "I don't want to get into that, because that would be tipping our hand," Flora said when asked about Banks' mental health. Several years ago, a letter from The Citizens' Voice was met with a simple, if not cryptic, response from Banks. On a single piece of paper, he wrote the chapter and verse numbers for a passage in the book of Psalms. "The Lord is my shepherd: I shall not want," Psalm 23 begins. "Yea, though I walk through the valley of the shadow of death, I will fear no evil ..." Luzerne County Court officials couldn't say how the case would be handled once the anticipated appeal is filed. Judge Patrick J. Toole, who presided over the 1983 trial, still serves the Luzerne County Court system as a senior judge. Hazleton Attorney Lawrence Klemow, who helped prosecute the case in 1983, said he, too, hopes the sentence handed down by a jury 21 years ago is carried out. "Nothing has changed as far as the crime and (Banks') responsibility for it," Klemow said. As one prosecutor, Klemow was privy to the gory details of the case. "That is something you never forget," he said, "especially the children." Now in private practice, Klemow believes the appeals process needs reform. "There needs to be a much faster way to get this done," he said. Gillespie said he was not surprised the appeal will be filed in county court first. If denied there, Banks then will be able to appeal to the federal court. "It obviously buys more time," Gillespie said. (source: The CItizen's Voice) ******************* DA to Seek Death Penalty in New Brighton Murder for Hire Beaver County prosecutors say they will seek the death penalty against a Pittsburgh man they say was paid to kill someone. Claron Hanner is accused of killing Frank Helisek Junior of New Brighton on January 19th. Beaver County District Attorney Dale Fouse isn't saying who paid Hanner. At the time of the shooting, Helisek's son was in jail and expected to testify for prosecutors in a drug case. Police say they connected Hanner to the slaying through a cell phone that was dropped at the scene. (source: Associated Press) IDAHO: Convicted killer asks court to void death sentence The Idaho Supreme Court has taken under advisement the petition of convicted killer George Junior Porter to void his death sentence. Attorney's for the 47-year-old Nez Perce man told the court Thursday that Porter should be resentenced because his original sentence was imposed by a judge not a jury. The U.S. Supreme Court voided sentencing schemes like that two years ago. But it says that ruling isn't retroactive to crimes like's Porters in 1988. Still, Porter's lawyers say the doctrine should apply because Idaho's retroactivity policy is not as strict as the federal one. Porter was condemned for killing his girlfriend. He's maintained his innocence throughout. (source: Associated Press) SOUTH CAROLINA: Sevierville Couple Will Face Death Penalty An East Tennessee couple will face the death penalty if convicted of kidnapping and murdering a South Carolina executive. David Edens and Jennifer Holloway of Sevierville are charged with killing 71-year old Jim Cockman. Police say Edens and Holloway stuffed his body in a freezer after he died during a carjacking. (source: WVLT TV News) CALIFORNIA: Death row expansion causes friction -- EIR on the proposed 40-acre facility will be focus of San Rafael forum A new environmental impact report on the proposed death row expansion at San Quentin State Prison is unacceptable and "beyond belief," said Marin Supervisor Steve Kinsey. The report, released last week, studies 2 options for the 40-acre project, which would be situated near the western gate of the prison property south of Interstate 580 and west of the Richmond-San Rafael Bridge. "The two-story option looks like an IKEA parking lot, with barbed wire wrapped around it," Kinsey said. "There's not a shred of vegetation left -- it's pretty graphic." Kinsey will be one of the speakers at a public forum set for later this month on the death row proposal. The event, sponsored by the Marin Association of Realtors and San Rafael Chamber of Commerce, will be from 5:30 to 7 p.m. Oct. 27 in Room 330, Marin Civic Center, San Rafael. The state has committed $220 million for the project, which would house 1,408 male prisoners in a new facility. Construction is expected to start next September and take 18 months to 2 years to complete. "After 150 years, it's apparent that there is a significantly better use of that property to serve the needs of the entire region," said Kinsey, who led a community project to create a vision plan for the property. Kinsey said he will continue to push for closing the prison altogether and relocating it, even though state officials say they are moving forward. "The real decision-makers are the governor and the Legislature," Kinsey said. "Until they issue the money and award the contract, the more voices that speak out, the better." Gov. Arnold Schwarzenegger has so far not taken a position on the $220 million project, which was approved by former Gov. Gray Davis. "I don't think he's taken a position on it because it's still going through the process, so he hasn't had a need to get involved," said J. P. Tremblay, assistant secretary of the state Youth and Adult Correctional Agency. Tremblay said the current death row is so antiquated and overcrowded that it poses health and safety risks. "The original death row was built to hold 60 people; now we have 600," Tremblay said. "We're trying to address the concerns and issues, but we also have to have a safe facility for staff, inmates and the public." According to the EIR, the new maximum-security complex would include 1,024 cells and separate buildings for such activities as outdoor recreation, laundry, administration, canteen, religious services, legal library, maintenance and mental health treatment services. "The (death row) would be separated from the main prison by an outer patrol road, security fencing and an inner patrol road," according to the report. "The security fencing would consist of double cyclone fences topped with barbed tape and a lethal electrified fence located between the double fences. The project will employ up to 648 people, the report says. Tremblay added that moving death row to another site would mean new legislation because current state laws require executions to be held at San Quentin. "It's moving forward at this point," Tremblay said. "From an administrative standpoint, we have the approval to move forward." (source: Tri-Valley Herald)
