March 8 TEXAS----impending execution Hit man to die tonight for Dallas slaying ---- He killed Richardson woman in '83 plot by scorned socialite wife The 4-year-old boy walked into his mother's bedroom and found her naked and bound, gagged and dying from 2 gunshot wounds to her head. She had been raped. Tissue paper was jammed down her throat. High levels of the tranquilizer Thorazine, doctors later discovered, coursed through her failing heart. Richardson nurse Rozanne Gailiunas died 2 days later. Barring court intervention, George A. "Andy" Hopper Jr. will himself die tonight in the Huntsville death chamber for killing Ms. Gailiunas. The 1983 murder remains one of Texas' most macabre in a generation, orchestrated by Joy Davis Aylor, the scorned socialite wife of Dallas homebuilder Larry Aylor, with whom Ms. Gailiunas was having an affair. The case was so bizarre that it took more than a decade to fully crack, spawning worldwide news coverage, true-crime novels and a TV miniseries. "It was just such a Byzantine situation, so many people involved, so difficult to unwind," said Cedar Hill author Carlton Stowers, whose 1994 book Open Secrets: A True Story of Love, Jealousy and Murder chronicled the saga. "When police finally solved it, there was just a cast of characters involved that seemed to keep growing." Mr. Hopper, who pocketed $1,500 for the hit job, in part to feed his drug habit, evaded police for more than 5 years. Dallas police eventually caught him in December 1988, after he had fled from the car dealership where he worked during a police interview. In 1992, a jury of 7 men and 5 women, which took 6 months to select, convicted Mr. Hopper of capital murder in the strangling and shooting of Ms. Gailiunas. He was the 4th link in a murder conspiracy chain: Ms. Aylor hired William Wesley Garland, who hired Brian Lee Kreafle, who hired Mr. Hopper to commit the murder. Both Mr. Garland and Mr. Kreafle are serving 30-year jail sentences. Ms. Aylor received a life sentence in 1994 for her role in the killing but will be eligible for parole at some point. Like Mr. Hopper, she evaded authorities for months, jumping her $140,000 bail in 1990 on the eve of her murder trial, in which prosecutors said they'd seek the death penalty. She was also charged with the attempted murder-for-hire of her husband when arrested in 1989. That decision to flee might have spared her Mr. Hopper's fate. Hiding out in the south of France, Ms. Aylor lived a luxurious, if brief, life on the lam. French authorities captured her in 1991. In jail, she attempted suicide but failed. For 2 1/2 years she fought extradition to the United States, and French authorities wouldn't release her into U.S. custody unless prosecutors promised not to seek the death penalty, which France outlaws. Ultimately, U.S. authorities relented, and Ms. Aylor returned to Dallas to face trial. Given that Mr. Hopper is the only member of the conspiracy condemned to death, his case deserves scrutiny up to the moment he's strapped to a death gurney, said Abe Bonowitz, spokesman for Citizens United for Alternatives to the Death Penalty. While there is no doubt Mr. Hopper's crime is gruesome, "it's the whole question of fairness," Mr. Bonowitz said. "You have a system that treats people differently." Mr. Hopper has one appeal pending before the U.S. Supreme Court, said Jerry Strickland, spokesman for Texas Attorney General Greg Abbott. Mr. Hopper's attorney could not be reached for comment. "We will continue to wait," Mr. Strickland said. "Nothing prevents him from raising more claims. If he does, we'll be ready to respond." If not, and courts do not issue stays, the execution will take place at some point after 6 p.m., said Mike Viesca, spokesman for the Texas Department of Criminal Justice. And even with Mr. Hopper's death, the case's closest observers will still be in search of an answer to the most basic question: Why? "You look at this guy, and he's a nice-looking, clean-cut kid. He seemed to be an intelligent guy who fit into society," Mr. Stowers said. "You just wonder how in the world does someone get to the point where he was, why he carried things to such extremes. I don't even know if he knows." (source: Dallas Morning News) ************************ Last meal ordered in execution with local ties A man convicted of killing a Framingham native in Texas in 1983 was scheduled to die by lethal injection later today, more than 20 years after the crime. George "Andy" Hopper is set to die by lethal injection sometime this evening for the Oct. 4, 1983, murder of Framingham native Rozanne Gailiunas in Richardson, Texas. The spokesman said Hopper spent last night on death row at the Polunsky Unit in Livingston, Texas. This morning, he was to be brought to Huntsville, Texas, where he will be executed. While in the holding cell prior to the execution, Hopper will be allowed access to his lawyer and his spiritual adviser. The DOC spokesman said executions generally occur between 6 p.m. and 9 p.m., but a time is not usually set, pending the completion of any last-minute appeals, either by the inmate's attorney or automatic appeals. Authorities say Hopper killed Gailiunas after he was paid $1,500 by Joy Aylor. Aylor was sentenced to life in prison for the murder. She paid for the murder because her husband was leaving her to marry Gailiunas, a 33-year-old registered nurse. Members of Gailiunas' family were to leave for Texas yesterday and declined comment until after the execution. (source: Metro West Daily News) **************************** High Court Remands 3 Juvenile Execution Cases The U.S. Supreme Court sent 3 Texas juvenile death penalty cases back to lower courts Monday, the first since last week's decision banning the execution of offenders who were 16 or 17 at the time of their crimes. In effect, the court vacated the death sentences of Mauro Barraza of Fort Worth, Edward Capetillo of Houston and Anzel Jones of Lamar County. Each was convicted of a murder committed when he was 17. The 3 were the 1st of 29 death sentences in Texas expected to be reduced to life in prison. (source: Associated Press) *************************** Sherman Man Convicted Of Murder----Man Faces Death Penalty A north Texas jury took only 35 minutes to find a Sherman man guilty of capital murder Monday. Andre Thomas was charged of killing his 4-year-old son, his estranged wife and her 1-year-old daughter nearly a year ago. The guilty verdict is for the death of the young girl only. The jury is now deciding his punishment, which includes the death penalty option. (source: nbc5i.com) ************************ Lawmakers consider life without parole----Supreme Court decision barring execution of juvenile offenders has lawmakers rethinking ultimate prison terms. Bolstered by a U.S. Supreme Court decision barring the execution of killers under age 18, a controversial bill that would allow a sentence of life without parole was granted a Senate committee hearing on Monday as proponents pushed for a new alternative to the death penalty in crime-tough Texas. The author, state Sen. Eddie Lucio, D-Brownsville, said he thinks Senate Bill 60 stands a better chance of passage this year than in the three previous sessions when he filed similar legislation, due in part to a growing concern that the high court's ruling has created a void through which youthful murderers could be paroled after serving 40 years in prison. "Public opinion is stronger now, and the Supreme Court decision is part of that," Lucio said, insisting that offenders younger than 18 who commit capital crimes cannot be held accountable in the same way as adults who commit the same heinous crimes. "I fear the survivors of the victims in these cases may seek revenge . . . because one day these (offenders) will be eligible for parole and may be released," he said. "That is a situation we need to address." Under Lucio's bill, which gained new legislative favor last week after the Supreme Court decision spared the lives of 28 Texas criminals, life without parole would become a third option that juries could consider in capital cases. Now, a death sentence and a life term are the only options. Although some previous opponents of the measure have hinted recently that they might change their mind if it were limited to juvenile offenders covered by the Supreme Court ruling, Lucio said he is not considering changing it. Senate Criminal Justice Committee Chairman John Whitmire, D-Houston, said he scheduled the bill for a hearing in two weeks because it appears to be "an issue that needs to be heard." He would not rate its chances of passage. Texas is 1 of only 3 states without a life without parole sentence, said Steve Hall, director of Stand Down Texas, a group that advocates, among other criminal justice reforms, a moratorium on executions until various issues can be studied. New Mexico and Alaska are the others. "Support for life without parole is growing," he said. "Part of that is concern over (death sentence) exonerations and part of it is people learning that life without parole is the norm in other states." In the past, victims' rights groups and some prosecutors have opposed the measure as an unnecessary option that would dilute the death penalty. Some corrections professionals have argued that offenders who are given sentences of life without parole will prove difficult to control in prison because they will have nothing to lose. Supporters have insisted that life without parole would enhance public safety by giving juries a way to keep heinous criminals locked up. "Instead of a life term, which is 40 years under current law, this would keep these people in prison for their life," Lucio said. "I support the death penalty. . . . This is not soft on crime." A similar bill he filed in 2001 failed in the House. In 2003, it was not brought up for debate in the Senate. Without taking sides, Gov. Rick Perry has said in recent days that he supports a public debate on the issue. "We've never had a full discussion of the pros and cons of this proposal," said Kathy Walt, the governor's spokeswoman. "There are a number of issues that need to be considered, and the governor feels that the legislative process is the place to do that." Since the Supreme Court decision March 1, prosecutors across Texas have adopted a wait-and-see attitude on life without parole, partly to see what happens to Lucio's bill in the Senate. (source: Austin American-Statesman) NEW JERSEY: Retrial in a New Jersey Killing A New Jersey appeals court overturned a 1997 murder conviction yesterday, ruling that an F.B.I. crime lab technique that prosecutors relied on to link the fatal bullets to the defendant was based on "erroneous scientific foundations." The decision is believed to be the first to overturn a conviction based on a challenge to the F.B.I. analysis of the lead content of bullets since the National Academy of Sciences raised new questions last year about the technique, which has been used for decades to match bullets to crimes. Dwight Adams, the director of the F.B.I. laboratory, asked for the study in 2003 after The Associated Press reported the findings of a retired bureau metallurgist, who began questioning the science that matches bullets by comparing the chemical composition of lead content. The technique has been used in about 2,500 cases since 1980 and has been mentioned in court testimony about 500 times since then, according to the F.B.I., which is the only law enforcement agency that uses it. The retired metallurgist, William Tobin, had submitted a sworn statement in the New Jersey case that resulted in an order yesterday for a new trial for Michael S. Behn, who had been sentenced to life in prison after his 1997 conviction in the fatal shooting of a coin dealer. The chemical analysis is done when fragments are too small or damaged to examine marks left on the slug by the firearm's barrel. The goal is to determine whether the crime bullet matches bullets found in the suspect's possession. In a technique known as chaining, researchers compare the amounts of trace elements in a series of bullets to determine whether they are part of the same chain in a box. In the New Jersey case, the appellate court said the F.B.I. analysis that used chaining to link bullets found at Mr. Behn's residence with those used in the killing was the only expert testimony in the circumstantial case that had not been countered by Mr. Behn's lawyers. "We conclude that the expert testimony was based on erroneous scientific foundations," the court said, in reversing his conviction and ordering a new trial. "The integrity of the criminal justice system is ill-served by allowing a conviction based on evidence of this quality, whether described as false, unproven or unreliable, to stand," the judges said. Similar challenges are expected in other courts. (source: Associated Press) NEW YORK: Winner offers return of death penalty State lawmakers, including state Sen. George Winner, R-Elmira, are moving swiftly to restore the state death penalty. The punishment was struck down by the state Court of Appeals last June. The Court of Appeals ruled the existing law was unconstitutional because jurors were uncertain about the potential outcomes of the statute's penalty phase. Winner said Monday he actively supports the revised death penalty legislation, set for a Senate vote Wednesday. Winner said the death penalty is an important element in preventing violent crime in the state and cited studies indicating violent crime rate in the state has declined by nearly 50 percent between 1994 and 2003. The state reinstituted the death penalty in 1995 after an 18-year hiatus. "The death penalty isn't the sole reason for this remarkable turnaround (in violent crime), but you can bet that criminals have known that New York state has a death penalty," Winner said. Steuben County Assistant District Attorney Michael D. McCartney said the revision proposed by the Senate should address the state's highest court's objections to the penalty phase. McCartney said the Court of Appeals struck down the earlier statute because jurors were faced with the possibility that a defendant would eventually go free even if found guilty of a capital offense. The previous statute instructed jurors they must unanimously agree on life in prison or the death penalty for a defendant. If the jurors were deadlocked on the two possible punishments, the judge in the case could impose an "indeterminate" sentence, such as 25 years to life. However, prisoners serving indeterminate sentences are generally eligible for parole, beginning with the earliest date of release possible, McCartney said. That sentencing option meant a defendant convicted of a heinous crime and eligible for life in prison or death could instead be released on parole from prison if the judge, and not the jury, sentenced the convicted felon. McCartney said the Court of Appeals ruled the optional judicial sentencing meant jurors could feel forced into a unanimous decision in order to prevent the defendant from being released. The new law takes out the option of parole, restricting the penalty to life in prison or death. "Certainly we believe the new legislation, which caused the court to declare the law unconstitutional, will pass muster," McCartney said. Another local lawyer, certified by the state to defend death penalty cases, questioned Winner's certainty that the death penalty is a deterrent to capital crimes. "I think the deterrent to any crime is knowing you will get caught and quickly punished," said defense attorney David Wallace. "In a capital crime, they simply don't think they will get caught." Most capital cases subject to the death penalty involve premeditation and deliberate intent. Wallace said those who commit capital crimes are operating under a different "state of mind." There have been no death penalty cases tried in Steuben County since the state reinstituted the death penalty 10 years ago, Wallace said. Local death penalty cases were also rare before the state did away with the penalty in 1977, he said. Statewide, roughly 43 people have been sentenced to death in the state since the law was brought back in 1995. However, no one has been executed, Wallace said. Nationwide, some 38 states have enacted the death penalty. Wallace said the new state Senate legislation does address the Court of Appeals objections, but said the state can expect the constitutionality of the penalty to be challenged again in the future. Gov. George Pataki has said he will sign the new legislation if it is approved by the Senate and the state Assembly. The Assembly is holding public hearings on reinstating a capital punishment statute. It is unknown when Assembly leaders will schedule a vote on the new legislation. (source: Corning Leader) OHIO----execution State executes killer who tried to prove brain damage A murderer who said a brain abnormality may have affected his behavior when he stabbed then raped a bleeding woman was executed Tuesday after courts decided tests did not prove brain damage. William H. Smith, 47, died by injection at 10:19 a.m. at the Southern Ohio Correctional Facility for the death of Mary Bradford, whom he met at a bar in 1987. The defense did not challenge Smith's conviction but said a brain lesion detected after he fainted in prison could have spared him from the death sentence at his 1988 trial. In a final statement that lasted 4 minutes, Smith took responsibility for the crime and said he had given himself to the Lord. "I hope you have the capacity to forgive," he said, addressing the victim's grandson, Timmy Bradford, who watched with his hands clutched in front of his face. "I cannot control anything from this day. Find the right way. Be a better person than I was," Smith said. Smith was upbeat before the execution, visiting family, chatting about Cincinnati sports with the execution team and sharing a cherry cake recipe with them, a prisons spokeswoman said. Smith and Bradford drank together at the bar for several hours before going to her Cincinnati apartment, where they used cocaine and had sex, police said. The 2 argued when Smith accused Bradford of owing him money for cocaine. Smith, also of Cincinnati, told police he grabbed a knife away from Bradford, and she was stabbed during the struggle. Bradford, 47, had 10 stab wounds in the neck and chest, and Smith had sex with her again as she lay on her bed bleeding, police said. He then made 3 trips to his car to steal her stereo and two television sets, police said. Smith becomes the 1st condemned inmate to be put to death this year in Ohio and the 16th overall since the state resumed capital punishment in 199. Smith becomes the 7th condemned inmate to be put to death this year in the USA and the 951st overall since America resumed executions on January 17, 1977. (sources: Associated Press & Rick Halperin) *********************** Judge Finds Imposing Death Penalty Very Difficult--Man Becomes 1st Person To Die In 3 Years A Cleveland judge who has been on the bench for 18 years had to impose the death penalty for the 1st time Monday -- and he said it was very difficult. In fact, Common Pleas Judge Jose Villanueva said he put the sentence in writing because "I thought I would not be able to say the words." Villanueva sentenced Vernon Brown of Cleveland to death -- as recommended by the trial jury -- for murdering two fellow drug world figures on New Year's Day, 2004. Brown became the 1st person sentenced to die in Cuyahoga County in more than 3 years. (source: Associated Press)
