death penalty news October 12, 2004
TEXAS: Inmate to die today in slaying of gay Tyler man Texas death row inmate Donald Aldrich acknowledged he wasn't entirely blameless in the slaying of a Tyler man targeted for abduction and robbery because he was gay. But Aldrich insisted he wasn't the one who took Nicholas West's life. "I'm not totally innocent," Aldrich, 39, said on a Denmark-based Internet site devoted to condemned prisoners. "I was part of a crime that ended in the death of a young man, but did not play a part in his death." Aldrich, set to die Tuesday evening for the fatal shooting of the 23-year-old West, would be the second man executed for the slaying, the 16th this year in Texas and third in eight days. Two more are scheduled for this month. In February 2003, Henry Earl Dunn went to the Texas death chamber after similarly describing events that led to West's killing Nov. 30, 1993. Dunn said he was at the Tyler park known as a homosexual meeting spot where West, a medical clerk, was lured under the guise of seeking sex but was abducted and taken to a remote area of Smith County. There West was stripped, ordered to his knees and shot as many as 15 times. Dunn, however, blamed Aldrich for what he said was a crime that "got out of control." Aldrich, at his trial, blamed Dunn for starting the gunfire. Dunn responded he could "not positively say" he did any shooting. Authorities believed both were participants. "Aldrich is one of these guys who thinks he's smarter than anyone else," said David Dobbs, a former Smith County assistant district attorney who prosecuted the case. "He tried to spin it to police. Ballistic tests showed two guns were shot." In appeals to the court to halt the lethal injection, Aldrich's attorneys were not disputing his guilt but raised questions about trial and execution procedures. One appeal contended a pair of psychologists at Aldrich's trial testified he would continue to be a violent threat if he was allowed to live although neither psychologist ever met or examined Aldrich. The question of future danger is one Texas juries must consider when deciding whether a capital murder convict should be sentenced to death. Aldrich's lawyers argued such testimony was unreliable and the result unconstitutional. They also pointed to Aldrich's record since he went to death row, noting that despite predictions he would be a continuing violent threat, over 10 years he had only one disciplinary infraction and that was for refusing a cell assignment because of cockroaches in the cell. "No violence ensued," the appeal said. "In short, in the decade the Mr. Aldrich has been incarcerated, he has not committed a single violent act." A second appeal sought an injunction to block the use of the combination of lethal drugs used by Texas prison authorities, contending their use is unconstitutional because it "unnecessarily increases the risk of torture during the execution process and does not comport with evolving standards of decency." In June, a similar appeal failed when the U.S. Supreme Court refused to halt an execution in Texas. Aldrich's lawyers, however, pointed out that unlike that case, their request was filed before Aldrich even had an execution date and their action shouldn't be dismissed as merely a delay tactic. Aldrich was on parole after a pair of convictions, one for burglary in Smith County and a second for robbery in Dallas County, when he was arrested for the West slaying. Authorities believed Aldrich was the leader of what became known as the "CB gang," so named because they first became acquainted over CB radios. For months the gang in which Aldrich was known as "Sundance" preyed on homosexuals in the Tyler area. The attack on West was the third in a week involving homosexuals. In a videotaped confession to police, Aldrich said he didn't like homosexuals because at age 9 he had been raped by a gay cousin. A third member of the gang, David McMillan, who was 17 at the time of the attack, received a life prison term. (source: AP) ========================== ILLINOIS: State's attorney wants decision on death penalty Illinois' moratorium on state executions has created a "safe haven" for legislators to never have to decide on capital punishment one way or the other, said Cook County State's Attorney Richard Devine. Devine, who is running to keep his office, said the system now is unfair to "loved ones" of murder victims who wonder what is going to happen when the accused is sentenced to a punishment that may never be enforced. "The law should mean more than that," Devine said. "I think we should have this discussion." Devine, 61, who supports capital punishment, said he drafted a position paper in hopes of jump-starting a debate on the issue in Springfield. "My efforts were met with resounding silence," he said. Devine was first elected state's attorney in 1996 and is now running for re-election against Philip Spiwak, a Republican lawyer in Chicago. Spiwak did not return several calls seeking comment. In January 2003, after 13 people in Illinois were found not guilty of the crimes they were sentenced to die for, Gov. George Ryan cleared death row with a blanket clemency. Since then, four people have been sentenced to death, including Anthony Mertz. Mertz was convicted of the 2001 sexual assault and murder of Shannon McNamara, a 21-year-old Eastern Illinois University student from Rolling Meadows. Two of the four on death row - Ricardo Harris and Teodoro Baez - were sentenced to death in Cook County. There are more than 150 pending cases in Cook County in which prosecutors have filed notices to seek the death penalty if the accused is convicted, said Jane Bohman, executive director of the Illinois Coalition to Abolish the Death Penalty. There are about 30 such cases in the rest of the state. Prosecutors working on suburban Cook County cases have said they intend to seek the death penalty against Juan Luna and Jim Degorski, accused of killing seven people in a Brown's Chicken and Pasta restaurant in Palatine in 1993, if they are convicted. Amanda Fredrickson, the 27-year-old Streamwood mother charged with starving one of her children to death, faces the death penalty if convicted. Francisco Carrion, a 22-year-old convicted of killing a Palatine senior citizen, may also be sentenced to the harshest punishment. Since the blanket clemency, the closest the General Assembly has come to voting on capital punishment came in 2003, when state Rep. Art Turner, a Chicago Democrat, introduced a bill to abolish the death penalty. He later pulled it because he couldn't get enough votes for it to pass. Had it gone forward for a vote, the bill would have forced General Assembly members to state clearly which side of the contentious issue they were on. Gov. Rod Blagojevich, who supports the death penalty, said Monday there is "no timetable" for the moratorium to be lifted. The governor alone can end or sustain the moratorium. Blagojevich noted that legislation aimed at reforming the capital punishment process was less than a year old. "I think we have to wait and see whether or not some of the problems that existed beforehand have been remedied," Blagojevich said. "I don't know that that's the case yet." Marijane Placek, a Cook County assistant public defender who has handled about 200 death penalty cases, said Devine was "hedging" by asking the legislature to decide the issue. "He's the one in the community deciding whether the death penalty is given," Placek said. "When you are talking about the worst punishment, the moratorium has got absolutely nothing to do with it." The moratorium is essentially irrelevant right now because the four on death row are all in the appeals process, Placek noted. It could take five or more years before any of them could exhaust their appeals and be put to death. Bohman of the anti-death penalty group said she was "pleased" Devine was asking the legislature to make a decision on capital punishment. "Let's not just bicker over reforms," Bohman said. "Given all the flaws and the enormous costs, do we want to continue this practice?" (source: Chicago Daily Herald) ================== IOWA (federal death penalty trial): Jury to begin deliberation in capital murder trial A federal jury was to begin deliberations Tuesday in the case of convicted drug dealer Dustin Honken who prosecutors said had the motive, means and opportunity to get rid of the five people he's accused of killing to protect his business 11 years ago. But in closing arguments Monday, Honken's attorneys countered, saying the federal government's case is weak, lacks key physical evidence and relies too heavily on incriminating testimony from shady, career criminals out to help themselves. "These folks are the lost souls of our society," defense attorney Alfredo Parrish said of the 10 state and federal prisoners called in the death penalty case. "They are people who have no future. The only future they had was through this man here," Parrish said, pointing across the courtroom at Honken. "He was their moment of glory." The final arguments wrapped up the evidence portion of the trial, now in its seventh week. Prosecutors say Honken, 35, is responsible for the gruesome deaths in 1993 of three adults and two children and burying their bodies in farm fields outside Mason City. Honken, who used his community college chemistry lessons to manufacture pounds of pure methamphetamine, is accused in the execution-style slayings of two of his former street dealers. He is currently serving a 27-year prison term on federal drug charges. Both dealers -- Greg Nicholson and Terry DeGeus -- disappeared after agreeing to cooperate with federal agents investigating Honken's multistate operation. Nicholson disappeared on July 25, 1993, days before Honken was scheduled to accept a plea agreement on federal drug charges. Honken rejected that deal and charges were ultimately dropped. That same day, Nicholson's girlfriend, Lori Duncan, and her two daughters, Amber and Kandi, also disappeared. DeGeus was reported missing Nov. 4 after telling relatives he had agreed to meet with Honken's girlfriend and alleged accomplice, Angela Johnson. If convicted, Honken would be the first Iowan in more than 40 years to face the death penalty. Johnson is expected to go on trial next year. Making their final pitch to jurors, prosecutors reviewed evidence and testimony they say links Honken to the crimes. Iowa assistant attorney general Tom Miller said protecting his business and avoiding prosecution gave Honken motive to hunt down and eliminate his former associates. Miller also retraced the timeline of Honken's drug business, showed how Honken destroyed evidence, made false statements, threatened to harm other witnesses and acted like a man with plenty to hide. "It's behavior that shows a consciousness of guilt," said Miller, who is assisting federal attorneys. While the murder weapon has never been found, Miller pointed to testimony from Honken's childhood friend, Timothy Cutkomp, who said they used welding torches to melt down a 9mm semiautomatic handgun weeks after the slayings. Juxtaposing photographs of the victims with images of their skeletal remains, Miller reminded jurors of testimony from inmates who said Honken called the victims "rats." He also replayed segments of taped conversations Honken had with Cutkomp, in one of which Honken encourages his pal to get rid of another informant. "Kill him. That's a look you'll never forget," Honken says in the recording. Miller acknowledged that the government's case is built on circumstantial evidence, including testimony from the victims' relatives, former associates and statements Honken made to fellow inmates. But he encouraged jurors to connect the dots. "There is a chain of circumstances from which there is one logical, reasonable conclusion: That Dustin Honken and Angela Johnson committed these murders," he said. But Parrish countered, saying the prosecution's case lacks the fundamental building blocks of any convincing case -- blood samples, DNA, fibers, fingerprints and other physical evidence linking Honken to the crimes. Several times Parrish characterized Honken as a naive, "chemistry nerd" who was unfamiliar with firearms. He also pointed out how not one of the dozens of government witnesses said Honken admitted killing anyone. "The government's theory is out there, but they can't get any facts to fit it," Parrish said. (source: AP)
