Feb. 5 TEXAS: Teen gets 30 years in beating death <P> A teenager pleaded no contest to capital murder on Friday in the beating death of a disabled South Side apartment dweller last summer in exchange for a 30-year prison sentence. Randy Cardenas, 17, is 1 of 3 charged in the attack, which took place July 17 at an apartment complex in the 5800 block of Medina Base Road. Cardenas, who was 16 at the time of the killing, entered his plea before 386th District Judge Laura Parker, who then sentenced him to 3 decades behind bars. Under the terms of the sentence, Cardenas will be incarcerated at the Texas Youth Commission until his 18th birthday, and then transferred to the Texas Department of Corrections. As a part of his plea, Cardenas agreed to testify against 2 co-defendants, court officials said. 2 others have been arrested and charged in the case. They face the death penalty if convicted. The victim, Jeffrey Lee Robinson, was in his apartment with 5 visitors when three people forced their way in and beat the occupants with knives and clubs before ransacking the residence. (source: San Antonio Express-News) *************************** Jury: Complex owners not guilty in officer's death -- Jury says murderer, 2 police officers he shot share responsibility A convicted murderer and the two police officers he shot share responsibility for the incident in which one of the officers died, but owners of the apartment complex where it happened are not to blame, a Harris County jury decided today. Jurors awarded more than $12 million to Houston police Officer Enrique Duharte-Tur, who was wounded, and to the family of Officer Alberto Vasquez, who was killed. They are unlikely, however, to collect any money from Alex Adams, who is serving 2 life sentences for the May 22, 2001 shooting. "It's as meaningless as his senseless act," said Clinton Wells, who represented Duharte-Tur, his family and Vasquez's family. "Alex Adams' family can still visit him, but Officer Vasquez's family, they don't have the opportunity." The 2 officers, who also were partners on duty, worked off-duty jobs patrolling the Natchez House Apartments in the 6200 block of Marinette, in southwest Houston. On the night of the shooting, they arrested several suspects in a drug sweep. Adams pulled a hidden gun and shot Vasquez in the head, then wounded Duharte-Tur 4 times before being wounded himself, police said. As the officers lay wounded, authorities said, a crowd cursed and threw bottles, shouting "Let him die." Duharte-Tur and both officers' families asked jurors to find that negligence by the Natchez House owners played a role in the shooting. The plaintiffs' lawyer even said that Adams' responsibility was only 25 %. "(Duharte-Tur and the families) have again been told that their service is meaningless," Wells said Friday. "They were told once when Alex Adams did not get the death penalty and again today." Adams was convicted of capital murder, but got an automatic life sentence when a jury deadlocked on punishment in his 2002 trial. It was only the 4th time in a dozen years a Harris County jury did not condemn a person convicted of killing an officer. "All I can say is that I am very, very disappointed," said Ira Becker, Vasquez's mother. Becker, along with Vasquez's widow, his two young sons, Duharte-Tur and his wife, had sought damages from the complex owners. During the 2-week trial before state District Judge Jennifer Walker Elrod, lawyers for the complex argued that the shooting was unforeseeable. "This complex is not morally responsible, not legally responsible and is certainly not financially responsible for the act of this murder," attorney Thomas Sanders told jurors in closing arguments Thursday. Aaron Pool, who also represented the owners, pointed to what he called "several breaches of protocol, training and procedure." He criticized the officers for not finding Adams' gun during a search. Wells painted Natchez House as a crime-ridden complex that the owners should have known was "unreasonably dangerous to these officers." An employee at the complex testified that the policy and procedure for approving tenants often was not followed. "But for their negligence, there would have been no Alex Adams on the property that night to shoot these officers," Wells said. *********************** Divisive call on trucker's jury----Judge says 1st panel will weigh guilt, 2nd would decide sentence Investigators videotape the Houston-bound truck that transported dozens of immigrants to Victoria, 19 of whom died of heat exhaustion and suffocation on May 14. A federal judge, over strong protests from prosecutors, ordered that jury selection begin Monday morning in the repeatedly delayed trial of a truck driver accused of causing the deaths of 19 illegal immigrants. Rising from her bench and declaring, "I'll see you guys here at 9 a.m. Monday," U.S. District Judge Vanessa Gilmore strode out of the courtroom Friday afternoon, ending a contentious hearing. Gilmore ruled that the case will be heard by "a non-death-qualified" jury, granting a request by attorneys for truck driver Tyrone Williams. If he is convicted, Williams' punishment would then be decided by a 2nd jury, which could consider sentences including the death penalty. Defense attorney Craig Washington had proposed the unusual solution, although he is still asking the U.S. Supreme Court to require prosecutors to reveal why they singled out Williams for the death penalty. Assistant U.S. Attorney Daniel Rodriguez, however, said Gilmore's ruling violates the federal Death Penalty Act. "We will be filing an objection to this ruling," he said. Gilmore issued her order about 4:25 p.m. Friday. A clerk in the 5th U.S. Circuit Court of Appeals said shortly after the court's 5 p.m. closing that she did not know whether prosecutors had filed any motions. "Leaving the punishment out of the trial will allow this case to proceed immediately," Gilmore said. Tempers flared in the courtroom after the judge announced her decision. As Washington gathered his papers and began walking out, Assistant U.S. Attorney Tony Roberts urged Gilmore to stop him from "running out of the room." Washington turned on his heels, glared at the prosecutor and asked: "Who are you saying was running?" He then muttered: " You will be running ... outside this building." Prosecutors earlier had asked Gilmore to set the trial date for Feb. 11, threatening to ask an appeals court to force her to start the trial. Referring to that motion, Gilmore said prosecutors had "attempted to place this court between a rock and a hard place." Washington is appealing a decision by the 5th U.S. Circuit Court of Appeals, which overturned Gilmore's earlier order that prosecutors provide the defense with the facts used to single out Williams for the death penalty. Of 14 people indicted in the case, 12 could have faced the death penalty, but Williams is the only one against whom the government is seeking it. Washington has charged that Williams, 34, was chosen because he is black. Prosecutors have said, however, that Williams was the only defendant who could have saved the victims' lives. He is accused of ignoring the plight of more than 74 illegal immigrants who were sealed inside a refrigeration trailer on May 13, 2003, and driven from Harlingen, near the Mexican border, toward Houston. People who were in the trailer have testified that victims screamed, pounded on the walls and tore out insulation as oxygen ran out and the heat rose to lethal temperatures. The abandoned trailer was found May 14, 2003, at a truck stop near Victoria, with 17 bodies inside. 2 more people died at a hospital. Prosecutors say Williams, a Jamaican immigrant from Schenectady, N.Y., was paid $7,500 to smuggle the human cargo. Washington said seating a "non-death-qualified" jury could take as little as 1 day. Gilmore recently expressed concern that the 250 people in the jury pool for the case are getting restless. She said she has received calls from potential jurors who have to attend weddings, take care of sick relatives or handle other obligations. (source for both: Houston Chronicle) ***************** The right stuff----The crime lab probe finally gets the ace investigator it needs in spite of a flawed city search process. In selecting former U.S. Justice Department Inspector General Michael R. Bromwich to supervise the cleanup of the Houston Police Department crime lab scandal, the citizen committee appointed by Mayor Bill White picked the obvious choice. The 51-year-old Harvard Law School graduate and former federal prosecutor led an investigation of the FBI's crime lab facilities in 1997 that produced a tough, 517-page report. Major policy and personnel changes that improved the quality and professionalism of the FBI facility followed. In numerous other investigations Bromwich proved to be a fearless, independent analyst willing to air unpleasant truths, just what Houston's festering situation requires. "He's very experienced, confident, direct, and understands the process he needs to go through to get to a result," stakeholder committee member and City Controller Annise Parker said. "He understands that he's going to be in the public eye as he does it." Parker adds that the forensics team Bromwich has assembled for the Houston probe "literally wrote the textbooks on how to do this." Bromwich's investigatory experience includes a stint as a deputy prosecutor in a Manhattan federal narcotics unit. As Justice Department inspector general, he exposed an annual gathering of Tennessee lawmen that had degenerated into a drunken, lewd event with racist overtones. He documented how senior Immigration and Naturalization officials released detainees with criminal records in order to deceive visiting U.S. Congress members about overcrowding and security problems. In 1997 he accused then FBI-director Louis Freeh of testifying inaccurately to Congress. Freeh amended his comments. In an interview with the stakeholder committee last Saturday, Bromwich was questioned by members as to whether the fact that the DNA crime lab has been closed for 2 years will make it more difficult for an investigator to get to the bottom of its problems. According to committee sources,Bromwich responded that he was more interested in assessing the status of questionable evidence and making sure the lab is accredited and can move forward than in pinning blame on former employees. Given the passage of time, that common-sense approach will minimize the undetermined cost and length of the investigation. While the city found the right candidate for the job, it cannot pat itself on the back. As Bromwich noted in a letter to City Secretary Anna Russell last month, city officials did not approach him when they were soliciting prospective crime lab investigators. "I am disappointed that I was not included as part of that search," Bromwich wrote, "since the list of people and entities who have conducted comprehensive reviews of crime labs is very short." Bromwich also told Russell that despite calls to city departments and a search of Web sites, he was not able to get the city's request for proposal until 4 days before the city filing deadline. Fortunately, he was able to secure a deadline extension in order to compile the winning proposal. The Houstonian who gets the most credit for getting Bromwich to apply for the job is former U.S. Attorney Ron Woods, who kept the Washington, D.C., lawyer apprised of developments in Houston. According to Woods,Bromwich's friend, the selection should have happened a long time ago. "For 2 years HPD and the district attorney's office mishandled this something terrible. It's been the worst mess I've ever seen," Woods said in what might qualify as understatement. With the selection of an aggressive, focused leader like Bromwich, the Chronicle hopes the delays are behind us and the new investigator and his team can quickly drain the crime lab swamp and restore integrity to the forensic evidence presented in court. (source: Houston Chronicle) ************************** Parents face murder charge----Couple could get death if convicted A Central El Paso couple were arrested on a capital murder charge after their 7-week-old infant's death of head injuries, court records and police said on Friday. Victor, 30, and Dalila Aguilar, 28, could not explain how their son Jason Daniel Aguilar was injured, stated complaint affidavits acquired by the El Paso Times through the Texas Public Information Act. They were charged with capital murder because of the victim's age, police said. The crime is punishable by life in prison or death. Jason, who was born Dec. 10, died late Monday when he was taken off life support at Thomason Hospital, court records and police said. His parents were arrested late Thursday after autopsy results and an interview by homicide detectives. The county medical examiner ruled the death a homicide caused by blunt force injuries. On Jan. 25, emergency personnel were called to the Aguilar home in the basement of a house in the 3200 block of Mobile Avenue because Jason was not breathing, affidavits stated. The baby was taken to Thomason Hospital, where injuries were discovered. The couple also have a 2-year-old son, who has been placed in foster care pending a hearing, said Rebecca Urban-Chavez, spokeswoman with the Texas Department of Family and Protective Services. "This infant's death -- it's heartbreaking," said Maria Ortega, a caseworker at the Child Crisis Center, which offers parenting classes, a hot line (562-7955) and other abuse prevention programs. Jason's was the 2nd infant death in El Paso-Las Cruces this year. Six-week-old Diana Urruita of Las Cruces died Jan. 15 after suffering brain injuries, broken legs and broken ribs. Her father, Eliazar Urruita Quiones, 32, was jailed. He allegedly told investigators he might have squeezed the baby's head and chest too tight. El Paso had one infant homicide last year. (source: El Paso Times) ********************** Wife slain; man jailed Only a few hours after he apparently stabbed his estranged wife to death on Friday, Clifton Beatty had one request of Justice of the Peace Vi McGinnis: "I want to receive the death penalty for my crime." Beatty, a 37-year-old Beaumonter who's already done 10 years in prison for armed robbery, turned himself in to police Friday, 5 hours after his wife, Carolyn, was stabbed to death in her North Beaumont home. When, on Friday afternoon, McGinnis formally charged him and set his bond, he told her he wanted her to write down in court records that he wanted the death penalty. Beatty, who had no lawyer in court, requested a public defender. For now, he remains in Jefferson County Jail on $100,000 bond. At this time Beatty is not charged with a death penalty offense, and police spokesman Officer Carman Apple said Friday night it appears unlikely that the charges will be upgraded to capital murder. To qualify as a capital murder, it must be committed during the commission of another felony or other aggravating circumstances must apply. Carolyn Peace Beatty, 37, dialed 911 about 4 a.m. from 5750 Sunbird Lane and said she had been stabbed. Before she died at Christus St. Elizabeth Hospital, she told investigators her husband had stabbed her. Sunbird Lane is a street of modest homes, where many children play in the yards. A glider stood in the yard of the brick-trimmed 1-story at 5750 with pristine white patio furniture on the porch. Carolyn Beatty's family was busy Friday night clearing up the broken glass and debris from the struggle. Her small living room was dominated by pictures of her daughter, Johanna Kelly, 10, one in a picture frame titled "God's Gift." Carolyn Beatty had been eagerly planning her daughter's 11th birthday celebration on Feb. 24th, a huge party the child looked forward to every year, Louise Peace, Carolyn's mother said. Family from Louisiana was expected to attend the gala event. It was only overshadowed by one thing: her troubled relationship with her husband, who was jealous and didn't like her family coming around so much, Peace said. On Saturday, Carolyn Beatty drove her husband to Jasper, where his family lived, her mother said. When he called her at work Thursday to ask if he could come home, she said no. She had planned to go shopping today in Conroe with Brandy Foot, a friend and coworker at China Community Clinic where she was a nurse's aide. Louise Peace said Carolyn Beatty also was taking her daughter, for whom she intended to buy new clothes for the party. Foot, 24, said she feared for her friend's safety after Clifton Beatty called his wife repeatedly on Thursday. "You just go on with your threats -- that's why I'm not taking your phone calls," Foot said she overheard Carolyn Beatty say to him. "I asked her over and over, 'Are you sure he won't hurt you?'" Carolyn Beatty thought he wouldn't hurt her because he had never been violent with her before. She spoke with her husband's sister, who told her to be careful, Foot said. Clifton Beatty made his way to Beaumont at about 4 a.m., Peace said, and used the top of a water meter to shatter the sliding glass back door at the house. Carolyn Beatty fought for her life, her family said police told them. After she called 911, she called her mother, who lived across the street. "Mama, I've been stabbed 14 times," Peace said her daughter told her. Peace couldn't get there quickly enough, so she sent one of her granddaughters, who talked to her aunt until help arrived, trying to keep her from slipping away. Peace said if Clifton Beatty wanted the death penalty, so be it. But it wouldn't bring her daughter back. Friday morning when Carolyn Beatty didn't arrive at work, Foot thought she was just late because she'd stopped at the bank, as she'd said she might. Finally she called Beatty's cell phone. Johanna Kelly, who had spend the previous night with her grandmother, answered and told Foot her mother had died that morning, her voice a monotone. "At first I thought it was a joke," Foot said. "I thought surely she wouldn't joke about that." Clifton Beatty called police about 9 a.m. from a pay phone in the 4000 block of Magnolia Street, where he was taken into custody without incident minutes later. Outside of McGinnis' courtroom after he was charged, Beatty said he was sorry for his actions. "I talked to my mom yesterday and told her don't worry -- I was going to come down here and take care of this thing," Clifton Beatty said. Something went wrong, he said before being taken away by officers. Officers took him from the courthouse to the hospital to have a gash in his hand tended. Clifton Beatty was wanted for parole violations out of Jasper County. He had been released from prison in August 2000 after having served 10 years of a 20-year prison sentence for a Jasper robbery. This is the 3rd homicide and the 1st domestic violence slaying of 2004, Officer Crystal Holmes said. The most recent killing investigated as a domestic violence incident was the shooting death of Sheila Davis, 35, in her Old Town home June 17, 2004. Her ex-boyfriend, Raymond Lee Young, 39 is awaiting trial on murder charges in that case. (source: The Beaumont Enterprise) OHIO: Guards Suspended After Attempted Escape Authorities placed 6 officers and some staff at a prison on paid administrative leave after 2 convicted killers attempted an escape from death row. Inmates Richard Cooey of Summit County and Maxwell White of Ashland County were the 1st death row inmates to attempt an escape since the state moved death row to Mansfield in 1995. Ohio Department of Rehabilitation and Correction officials declined to identify the workers on leave at Mansfield Correctional Institution during the internal investigation. Authorities say Cooey and White climbed a pile of snow Thursday afternoon and lifted the top off of a caged recreation area. An official says neither inmate got outside of the 2nd fence at the facility. Authorities say the inmates could face charges for the escape attempt. (source: The Associated Press) ALABAMA: Judge orders Moore freed -- Inmate leaves jail; once on death row in Tipton murder Acknowledging his highly unusual ruling, a Morgan County judge Friday freed former death row inmate Daniel Wade Moore in the fatal stabbing of Karen Tipton. Unless the state wins its appeal of Judge Glenn Thompson's decision, Moore can apparently never be tried again in Tipton's murder in March 1999. Tipton, 39, the wife of psychiatrist David Tipton, was found dead in her fashionable Decatur home. Thompson said Moore was convicted in an unfair trial because the chief prosecutor concealed evidence from the defense. To try Moore again for the murder would amount to double jeopardy under the "bad faith" clause of the Constitution, he said. The state attorney general's office appealed the ruling and on Monday is expected to ask that Moore, 30, be returned to jail until the issue is resolved. Thompson originally sentenced Moore to death by lethal injection in January 2003. But he threw out Moore's conviction and sentence two months later and ordered a new trial after concluding the prosecution had withheld evidence from the defense. In January 2004, Moore's attorneys asked Thompson to free Moore over the evidence issue. Just over a year later, the ruling on that request was filed in the circuit clerk's office shortly before it closed at 4:30 p.m. Friday. Minutes later, Don Valeska, chief assistant Alabama attorney general and Moore's prosecutor, filed an appeal in Montgomery with the Alabama Court of Criminal Appeals. "The judge had no authority to release Moore," Valeska said. Moore was released about 6 p.m. to the custody of Hance-ville Police Chief Craig Richie, who said the Cullman County town had a worthless check warrant issued against Moore several years ago. Moore was released in Hanceville shortly after 7 p.m. after paying off the check and fines. Thompson's order said that Valeska and Decatur police investigator Mike Pettey had denied the existence of a 245-page FBI report on the murder that surfaced 8 months after the trial. During the trial, Moore's attorneys, Catherine Halbrooks and Sherman Powell Jr., had tried to show that Tipton might have had other men in her life, suggesting a motive for her murder. The FBI report says "Tipton led a secret life where she had at least 2 extramarital affairs" and one was "being conducted at the time of her death. ..." Thompson said Valeska and Pettey failed to tell defense attorneys about the report which, Thompson said, led to his earlier ruling granting Moore a new trial. Thompson said Pettey "did not conduct a fair and impartial investigation" and intentionally violated Moore's constitutional rights. Valeska "intentionally withheld information" in violation of Moore's rights, said the judge, and did so "in defiance of this Court's order of discovery." "Valeska failed to be honest and forthright with the Court regarding information about which he learned and was at his disposal," the judge said. The power to dismiss an indictment on the grounds of prosecutorial misconduct is frequently discussed but rarely invoked, he said. "Decency, security and liberty alike demand that the government officials shall be subjected to the same rules of conduct that are commands to the citizen." He also said Moore's trial "was based almost entirely on circumstantial evidence." "There is no direct evidence linking the defendant to the scene of the crime," Thompson said. He dismissed the significance of mitochondrial DNA test results cited by the prosecution, saying they failed to exclude others as suspects. A DNA test had indicated a hair found in the victim's bed could have come from Moore. Thompson noted that Moore had been in the Tiptons' home while working on a burglar alarm system before her murder. David Tipton and his daughters have since moved to North Carolina. (source: Hunstville Times)
