March 12 MISSOURI----new death sentence Jury urges death sentence in 2002 Pine Lawn killing A jury recommended Friday that Vincent McFadden be sentenced to death for the gang retaliation shooting of Todd Franklin on a street in Pine Lawn in 2002. The jury of 7 women and 5 men in St. Louis County Circuit Court deliberated about 2 1/2 hours. On Wednesday, they took about 3 hours to convict McFadden of 1st-degree murder and armed criminal action. Judge John Ross set sentencing for April 22. As a death penalty case, it is automatically appealed to the Missouri Supreme Court. In closing arguments, prosecutor Mark Bishop told jurors: "The only just verdict for a cold-blooded killer like him is death. He earned it. He worked at it. He killed two different people on two different occasions." Franklin was shot five times on July 3, 2002. McFadden also is a suspect in the murder of Leslie Addison, his former girlfriend's sister. She was fatally shot on May 15, 2003, just a few blocks from where Franklin died. Eva Addison testified that she saw her sister plea for her life and witnessed McFadden shoot her. On McFadden's back, the jury was told, is a tattoo of the cartoon dog Scooby-Doo. But his version is labeled Scooby Deuce, one of McFadden's nicknames in the 6 Deuces gang. And the dog is holding a gun and laughing. That is McFadden's view of killing, Bishop told the jury. "He thinks killing is fun." Franklin had testified against two gang members, and they went to prison. Bishop said Franklin's murder by McFadden and co-defendant Michael Douglas was revenge. Douglas' trial is pending; so is McFadden's in Addison's murder. Defense attorney Karen Kraft said the jury already decided, by convicting McFadden, that he would never walk the streets of Pine Lawn again. So she asked the jury to take its only alternative to a death sentence: life in prison without parole. "There is no shame to show mercy to a young man who was doomed to fail from the beginning," Kraft said. She referred to the defense testimony from Wanda Draper, a Texas-based expert on childhood and human development. Draper said McFadden lacked parental contact from a father who was in and out of his life and a mother who was overworked raising 3 children. The family moved frequently, and McFadden often lived with other relatives. At times, he was left to supervise his 2 younger sisters while his mother worked, she said. "The roots of morality are set very early unless there is long-term intervention," Draper said. Prosecutor Dean Waldemer asked rhetorically, "Do those roots of morality replace free will?" He noted that no one in McFadden's family had a criminal record, that there was no family history of child abuse, weapons use, or drug or alcohol abuse, and that McFadden had good grades until he started using alcohol and marijuana in the 6th grade. (source: St. Louis Post-Dispatch) CALIFORNIA: Death Sentence for Teachers Aid Upheld in Killing of Valley Child----Justices Unanimously Rule That Psychological Testimony May Be Used to Prove Aggravating Circumstances Prosecutors may call a mental health expert to the stand in the penalty phase of a capital case to establish the existence of aggravating circumstances, the California Supreme Court unanimously ruled yesterday. The justices affirmed the conviction and death sentence of Gregory Scott Smith, a former teachers aid at Darby Elementary School in Chatsworth. Witnesses testified that Smith, who was fired for inappropriate physical roughness with children, blamed 8-year-old Paul Bailly - who complained to a school official after Smith twice tied him up with jump ropes - and vowed revenge. The youngster's body was found at the scene of a fire near Simi Valley less than 6 hours after his mother dropped him off for school on March 23, 1990. An investigator opined that someone had poured an accelerant on the body and set it afire, and the medical examiner said the boy had been forcibly sodomized, then strangled before the body was set afire. Smith, who lived in Canoga Park, expressed remorse for the killing and pled guilty to 1st degree murder, kidnapping, arson, child molestation, and forcible sodomy, but argued against the death penalty. He tearfully told then-Ventura Superior Court Judge Steven Z. Perren, now a justice of this districts Court of Appeal, he was sorry for the boys death and would give his own life if it would bring Paul back. Off the Scale Prosecutors, including current Ventura District Attorney Greg Totten, argued for the death penalty, calling the crime "off the scale of heinousness." Jurors agreed, and Perren - citing the devastating effect of the crime on the victims mother - said that anything less than a death sentence would suggest that the life of the victim was worth less than that of the defendant. The prosecution had, over defense objection, presented the testimony of Dr. Chris Hatcher, a clinical psychologist who has studied violent sexual assaults upon children, as part of its case in aggravation. Hatcher testified that the killing of Paul Bailly was one of a number in which child victims had been abducted, bound and sexually assaulted. Those who commit such crimes, Hatcher said, are typically carrying out a sexual fantasy that includes sodomizing and strangling the victims and mutilating the bodies. Sadistic pedophiles are distinguishable from others who molest children, the psychologist explained, because they are sexually aroused by the "suffering and discomfort of the child," rather than being satisfied with mere sexual contact. Smith appeared to fit that model, Hatcher said. Among the evidence he cited were two articles seized from his residence by police, one dealing with the MacMartin child molestation case and the other with the case of Charles Rothenberg, convicted of setting his sons hotel room on fire. Low IQ The defense responded that Smith was not a sadist, but rather a person of limited intelligence lacking in impulse control. His counsel cited tests showing he had an IQ under 90, and explained that when he was in his mid-teens, his parents hired an educational therapist to help deal with his learning disabilities. The therapist testified that he had been eager and friendly, but that he had the intellectual capacity of an 8-year-old. His mother and sisters also testified, saying he was mentally retarded. On appeal, the defense argued that Perren should not have allowed the use of mental health testimony as part of a case in aggravation. But Justice Joyce L. Kennard, writing for the Supreme Court, said that Hatchers testimony fit under the broad rule allowing admission of evidence describing the circumstances of the crime. "Evidence of the circumstances of the crime is admissible as aggravating evidence in the prosecutions case-in-chief," the justice explained, even though that evidence would have been inadmissible as prosecution evidence if offered only to show that the defendant was deeply mentally disturbed or of bad character - since mental disturbance and character can only be mitigating factors. Kennard distinguished People v. Coleman (1989) 48 Cal.3d 112, in which the court said that a prosecution psychologist should not have been allowed to testify that the defendant had a passive-aggressive, antisocial personality and was criminally oriented, immature, and defensive. The difference between the 2 cases, the justice explained, is that the psychological testimony in Coleman was offered to show that the defendant was likely to engage in criminal violence in the future, not to explain the circumstances of the crime. The case was argued in the high court by Deputy State Public Defender William Hassler for the defendant and Deputy Attorney General Susan Sullivan Pithey for the prosecution. The case is People v. Smith, 05 S.O.S. 1195. (source: Metropolitan News Company) ************************* CONTRA COSTA COUNTY -- Brothers get the death penalty; Pair sentenced for killing 5 people in bizarre crusade 2 brothers were formally sentenced to death Friday in Contra Costa County for their roles in the murders of 5 people as part of a bizarre crusade to save the world from Satan. In pronouncing the verdicts for would-be prophet Glenn Taylor Helzer and his younger brother Justin Alan Helzer, Superior Court Judge Mary Ann O'Malley sided with juries that previously rejected arguments that the brothers were insane at the time of the killings in the summer of 2000. The murders arose from a plot to extort $100,000 so that Glenn Helzer could start a self-awareness group he hoped would spread peace and love and save the world. Several of the victims were dismembered and dumped in the Sacramento-San Joaquin River Delta. The judge sentenced Justin Helzer to death for the murders of Selina Bishop, daughter of blues guitarist Elvin Bishop, and Ivan and Annette Stineman, elderly Concord retirees who once employed Glenn Helzer as their stockbroker; and to life without the possibility of parole for the killings of Bishop's mother, Jennifer Villarin, and her friend James Gamble. Glenn Helzer received 5 death sentences. "All these murders committed by the defendant were calmly and gruesomely committed," said O'Malley during Glenn Helzer's sentencing, after she recounted the horrific details of the crimes and testimony about the victims' lives. "It is this court's independent view that there is not evidence the defendant was under the influence of an extreme mental disturbance," said O'Malley, although she acknowledged that Glenn Helzer did have "some mental impairment." Glenn Helzer pleaded guilty, while Justin Helzer was convicted by a trial jury. Their roommate and accomplice, Dawn Godman, cooperated with prosecutors in exchange for a sentence of 38 years to life. As O'Malley was pronouncing her verdict for Glenn Helzer, he poured himself a glass of water and took a drink. When given the opportunity to make a statement, he turned and looked directly at the family and friends of his victims, some of whom were weeping. Wearing glasses and a blue cardigan sweater over a blue, collared shirt, Helzer read an emotional statement of apology and urged people to forget him. "I do understand why society would want to kill me," he said. Helzer then launched into a critique of the death penalty until prosecutor Howard Jewett asked the judge to order Helzer to turn away from the family, which O'Malley did. Finally, Helzer offered a rambling explanation of his crimes, describing them as an altruistic attempt to rid a materialistic and unsympathetic world of evil. "I was actually under the impression that I was doing a good thing," he said. "I am not evil." Earlier Friday, Justin Helzer made his own statement about spiritual matters at his sentencing. Family members of the victims expressed relief that the sentencings were concluded and gratitude that the verdicts were for death, even though both Helzers' cases will be automatically appealed. "It's a sad, sad, sad time because there are so many people involved," said Fran Nelson, mother of victim James Gamble. "I'm glad for today. I'm glad this is over." (source: San Francisco Chronicle) NEW MEXICO: Senate Committee Rejects Death Penalty Repeal In Santa Fe, a Senate committee has narrowly rejected a bill that would have repealed New Mexico's death penalty. The action by the Senate Judiciary Committee halted the bill's movement through the Legislature and makes it extremely unlikely for the bill to pass this year. The legislative session ends March 19th. The committee vote Friday was four members in favor of the bill and five against it. The measure would have replaced the death penalty with a sentence of life in prison without the possibility of parole. (source: Associated Press) NEW YORK: Kaczynski: death penalty flawed, too costly David Kaczynski was disappointed the state Senate voted to reinstate the death penalty Wednesday, a system he says kills innocent people and costs taxpayers millions. Kaczynski, executive director of New Yorkers Against the Death Penalty and brother to "Unabomber" Ted Kaczynski, was honored last night as Public Citizen of the Year by the New York chapter of the National Association of Social Workers. In an interview before the awards dinner at the Holiday Inn in Montebello, Kaczynski said the state passed a flawed death penalty bill in 1995, which was ruled unconstitutional by a state Court of Appeals last summer. "The last time we passed a death penalty bill, there were no public hearings and the end result was a bad bill," he said. "It was particularly irresponsible to do it the same way again. They didn't hold any kind of hearings. They didn't study the issue. There was a floor debate that took about 2 hours." Developments in the last 10 years make the case against the death penalty more compelling, Kaczynski said. For instance, the state now has life without parole as a sentencing option, he said. "Which means that we can effectively remove the worst offenders from society at a fraction of a cost and not run the risk of executing an innocent person." He also said with advancements in technology, DNA testing has been used to prove the innocence of many death row inmates. "When we ask (the government) to play God and render divine judgment, as we do with the death penalty, too often we see that terrible mistakes are made." Kaczynski said state politicians should also consider the burden they place on taxpayers when approving the death penalty. He said the state spent about $200 million on the 7 people sentenced to death after the 1995 bill was passed. "At some point you've got to ask yourself, 'Why are we investing so many resources in a program of vengeance that doesn't work anyway, when we could be investing resources in crime prevention, support for law enforcement and assistance to victims?'" Sen. Tom Morahan, R-New City, voted for reinstating the death penalty. The bill is now in the Democratic-led Assembly. "I believe it's a matter of justice when I consider the families and the victims of horrendous murder cases," Morahan said. "It's concern for the victims and the victims' families. It's not a matter of vengeance. It's not a matter of what it costs." Kaczynski, 55, lives in Schenectady with his wife, Linda Patrik. In 1996, he said he faced a moral and ethical dilemma when he decided to turn his brother in to federal authorities. "I faced a terrible crisis in my own life. My background in social work helped me to deal with that crisis in a positive way," Kaczynski, who worked with troubled youths in the South End of Albany before joining the movement against the death penalty, said. "One of the values of the social work profession is a sense of personal responsibility. When Ted was arrested, they actually found, underneath his bed in a package, another live bomb and some of my family has always felt, 'Thank God we came forward because if we hadn't, probably some innocent person would have been seriously injured or killed." Ted Kaczynski pleaded guilty in 1998, in exchange for a prison sentence of life without parole. Gail Golden of New City, who was awarded the Lifetime Achievement Award last night, said David Kaczynski's struggle in deciding to turn in his brother moves her to tears. "He has been one of my heroes," she said. "The work that he does is really heroic work. He's really helped push the movement forward, I think, a great deal." (source: The Journal News)
