death penalty news October 13, 2004
SOUTH CAROLINA: Defense argues against death penalty Lawyer: Abductor's brain damage spurred action Branden Basham has a damaged brain that leads him to make bad choices, but that doesn't mean he deserves a death sentence for his role in the death of Alice Donovan, his lawyer Greg Harris told a jury Tuesday. The argument is similar to that used by the lawyers of Basham's co-defendant, Chadrick Fulks, who was sentenced to death in June. The penalty phase of Basham's trial for Donovan's abduction and death in November 2002 began Tuesday. A jury convicted him last month for carjacking resulting in death and kidnapping resulting in death, and now it must decide between sentences of death or life in prison. Prosecutors said they have evidence that shows Basham would make no effort at rehabilitation, would be a risk to prison guards and other inmates and would be a flight risk if he receives a life sentence. Harris said testimony from defense witnesses would help jurors understand how abuse and neglect during Basham's youth left his brain damaged and contributed to his current behavior. He also said it's unlikely Basham could escape a federal prison. The defense strategy Harris outlined suggests Basham and Fulks have more in common than the crimes they committed together between Nov. 4, 2002, and Nov. 17, 2002, when Basham was arrested. Fulks' lawyers called him a victim of abuses and extreme poverty and said his brain suffered damage from his mother's drinking while she was pregnant. His jury chose a death sentence, making him the first person in the state to receive a federal death sentence. Fulks and Basham were accused of carjacking Donovan from the parking lot of Wal-Mart in Conway, then killing her. "It's not our intent to excuse what happened," Harris said. "It's our intent to explain how Branden Basham made the choices he made." Harris said he did not know why Basham decided to participate in the slayings of Donovan and other crimes or to sleep and argue with his lawyers during his trial. "I cannot understand how someone could make those choices," he said. He traced some of Basham's troubles to his family. His mother introduced him to drugs when he was 4, his father is alcoholic, and Basham was sexually abused at 10 years old, Harris said. By the time he was 20, he had lived in several state-run homes and had his mental health evaluated by a number of doctors, Harris said. People have tried to help him, but "he wasn't trying," Assistant U.S. Attorney Scott Schools said. "It is biological or purposeful?" he asked. Schools said Basham "disregards others' rights in order to get what he wants when he wants it, and he blows up when he doesn't get it." Basham also manipulates people and situations for his purposes, Schools said. "Not even the reality of being arrested for Alice Donovan's death was a wake-up call for him," Schools said. Prosecutors on Tuesday attempted to prove Basham's ability to manipulate through testimony from Kentucky and Columbia detention-center officers. They said Basham ignored rules, attempted to hide medicines and used bed sheets at a Columbia hospital for inmates to make a nearly 40-foot rope. Some of the witnesses told defense lawyers that most of the time Basham was not a problem at their facilities. (source: The Sun News) ==================== OKLAHOMA: Ruling delayed in death penalty case A ruling on a death penalty case involving fired Oklahoma City police chemist Joyce Gilchrist has been delayed until the end of the month and possibly later. Oklahoma County District Judge Twyla Mason Gray said Tuesday she has given attorneys in the case until Oct. 29 to produce more evidence that may affect her decision. The case involves convicted murderer Curtis Edward McCarty, 42. McCarty has been convicted twice and sentenced to death for the 1982 killing of Pamela Kaye Willis, 18. The defendant's first conviction was overturned when the Oklahoma Court of Criminal Appeals ruled Gilchrist gave improper testimony at trial, offering a personal opinion that placed McCarty at the scene of the crime. Gilchrist, a police chemist for 21 years, was fired in 2001 following investigations into her forensic work. The inquiries were spurred by a federal judge's ruling that Gilchrist has testified falsely in a murder trial. The appellate court asked Gray to hold an evidentiary hearing in the case to determine if McCarty received a fair trial and resentencing hearing. Gray must answer 16 questions, most of them relating to the handling of evidence and testimony given by Gilchrist. The judge said she will consider the attorneys' findings at the end of the month and will likely issue her ruling in the days that follow. --- Death penalty ruling LATEST NEWS: A ruling on a death penalty case involving fired Oklahoma City police chemist Joyce Gilchrist has been delayed until the end of the month and possibly later. BACKGROUND: The defendant's first conviction was overturned when the Oklahoma Court of Criminal Appeals ruled Gilchrist gave improper testimony at trial. WHAT'S NEXT: Attorneys in the case have until Oct. 29 to produce more evidence. The judge said she will consider the attorneys' findings at the end of the month. (source: The Oklahoman) =================== PENNSYLVANIA: Blair County District Attorney to seek death penalty in murder case The Blair County district attorney says he will seek the death penalty in the case of a man accused of sexually assaulting and murdering a woman in June. D-A Dave Gorman says torture was a factor in the sexual assault and murder of 26-year-old Hollidaysburg resident Tina Miller.Thirty-two-year-old Paul Ross of Hollidaysburg is accused of killing Miller.Authorities say Ross met Miller at a bar just hours before she died.Officials found Miller's partially nude body in Canoe Lake June 27th. Police say a bite mark found on Miller's body can be linked to Ross. (source: AP)
