March 1 INDIANA: Kernan calls for further review of death penalty Former Gov. Joe Kernan, who commuted the death sentences of Gary resident Darnell Williams and 1 other man before leaving office this year, said he still supports capital punishment in some cases. But he said Monday there is a need to continue reviewing the state's death penalty system to address the types of problems he encountered in the clemency requests. "It is appropriate for us in Indiana to keep this door open," Kernan said. Kernan spoke at the Indiana University-Indianapolis School of Law following the premiere of "Countdown to an Execution," a documentary on the Williams case that will be broadcast March 16 as part of the "American Justice" series on the A&E channel. Kernan commuted Williams' death sentence to life in prison July 2, which amounted to the state's first commutation in 48 years. The move was done with the support of a prosecutor and several of the jurors in the case, and new evidence, including DNA testing that called into question Williams' role in the Aug. 12, 1986, shooting deaths of John and Henrietta Rease of Gary. Kernan, who was greeted with a standing ovation, said his experience as governor has left him more apprehensive and skeptical of the death penalty system. There is need, he said, to pay closer attention to the intelligence levels and mental health of inmates condemned to death. Both Williams and Michael W. Daniels had IQs that hovered near, but just above, the level that would have left them ineligible to be put to death in Indiana. The quality of the defense counsel in these cases also needs to be considered, he said, both at the trial and appellate levels. While capital cases pass through several levels of appeal before execution, Kernan said he is concerned the process becomes diluted as later courts assume earlier reviews were complete. He is also uncomfortable with prohibitions on the repeated review of certain facts in these cases. "There can be no doubt," he said. Kernan acknowledged the role politics plays when a request for clemency arises. "The pressure is there," he said. Kernan said the support of the state parole board in the Williams case made his decision for clemency easier, but it would not have made a difference if the board's recommendation were different. What he believes is needed is an ongoing review of the state's death penalty system by the governor, lawmakers and judges. He defended past changes to the system and earlier reviews, including one done by state lawmakers a few years ago. But he said there was a lack of consensus on some issues. (source: Northwest Times) ************************ April 21 execution date set for woman's murderer The Indiana Supreme Court on Monday set an execution date of April 21 for a man convicted in the 1987 torture death of a Terre Haute woman. Bill J. Benefiel was sentenced to death for the killing of 18-year-old Delores Wells. Prosecutors alleged at trial that Benefiel held Wells captive 12 days, sexually abusing her before ending her life. In November, the U.S. Supreme Court declined to hear an appeal from Benefiel, who had sought a new trial claiming his attorneys were incompetent and prosecutors engaged in misconduct. (source: Indianapolis Star) GEORGIA----impending execution Preparations continue for Oakwood killer's execution The state Department of Corrections continues preparations for the execution Tuesday night of condemned Oakwood killer Stephen Anthony Mobley. Officials say Mobley has already ordered his final meal. The execution is scheduled at 7:05 p.m. at the Georgia Diagnostic and Classification Center in Jackson - a small town off I-75 between Atlanta and Macon. Mobley is one of 112 men and 1 woman on death row in Georgia. There have been 37b men executed in Georgia since the U.S. Supreme Court reinstated the death penalty in 1973. If executed, Mobley will be the 15th inmate put to death by lethal injection. Mobley was condemned to death for the 1991 robbery-murder of John Copeland Collins, an Oakwood pizza store manager he killed during a robbery. On Friday, the state Board of Pardons and Paroles refused to commute his death sentence. (sourcve: Access North Georgia) NEVADA: Nevada lawmaker takes on execution of juveniles A Nevada legislator is trying to change the state law that allows for the execution of juveniles convicted of capital crimes. Assemblywoman Chris Giunchigliani says teenagers don't have the same reasoning abilities as adults and should not be sentenced to death for crimes committed before they turn 18. Nevada is one of 19 states that allows executions of minors. The state has not executed a juvenile since 1949. There is only 1 man awaiting execution for a murder committed as a juvenile. Michael Domingues was sentenced to death in 1994 for killing 2 people when he was 16. This is the 3rd time Giunchigliani has pushed to change the Nevada statute. The bill passed the Democrat-controlled Assembly twice, but has never made it out of the Republican-controlled Senate Judiciary Committee. Her bill would raise the minimum age for capital charges from 16 to 18. (source: Associated Press)
