March 13 NEW JERSEY: Woman wants to represent herself in capital murder sentencing retrial A woman whose death sentence for killing a police officer was overturned twice now wants to represent herself at her sentencing retrial. Leslie Ann Nelson, 47, will have to undergo a psychiatric evaluation before a judge determines whether she can be her own attorney at her third penalty trial. The evaluation may delay the beginning of the sentencing trial. Jury selection was set to begin April 4, with testimony to start May 16. Nelson, born Glenn Nelson before having a sex-change operation, pleaded guilty to killing John McLaughlin, an investigator for the Camden County Prosecutor's Office, and John Norcross, a Haddon Heights patrolman, during a standoff at her parents' house on April 20, 1995. Nelson is being tried a 3rd time to determine the appropriate penalty. The 1st jury sentenced her to life in prison for McLaughlin's killing and ordered her executed for Norcross' death. The death sentence was reversed on appeal, and a 2nd penalty trial produced the same verdict. The New Jersey Supreme Court nullified that death sentence and ordered the 3rd penalty trial. Nelson told Judge Samuel D. Natal that she "absolutely" wanted to represent herself. "I think I know quite a bit about the case," Nelson said. (source: Associated Press) PENNSYLVANIA: Death penalty sought for elderly woman accused of killing neighbor Prosecutors filed court papers Friday indicating that they will seek the death penalty against a 70-year-old woman accused of killing her 84-year-old neighbor with a hammer. Prosecutors allege that Kathy MacClellan killed Marguerite "Tutti" Eyer by means of torture, an aggravating factor that allows them to pursue a death sentence. "The defendant didn't just strike the victim once, causing her immediate death," Northampton County First Deputy District Attorney Paula A. Roscioli said. "She struck her at least 37 times with the claw end of the hammer, and this victim lived for a significant period of time in excruciating pain." Eyer was found Feb. 7 covered in blood in her home in the Hickory Hills development in Moore Township. She died about an hour and a half later after being airlifted to a hospital. She allegedly told a police officer, "Kathy did it with a hammer." Police said they found a bloody hammer and Eyer's wallet, driver's license and checkbook in MacClellan's home the following day. Defense lawyer Anthony Martino, who represents MacClellan along with attorney Mark Minotti, declined comment Friday afternoon. A database kept by the Death Penalty Information Center of all executions in the United States since capital punishment was reinstated in 1976 shows only one person executed above the age of 70. James Barney Hubbard was 74 when he was executed Aug. 5 of last year for the 1977 murder of 62-year-old Lillian Montgomery of Tuscaloosa, Ala.; he was in his 40s when he killed her. According to the Coalition to Abolish the Death Penalty, Hubbard was the oldest person executed in the United States since 1941, when James Stephens of Colorado was executed at age 76. (source: Associated Press) WEST VIRGINIA: Death Penalty Coming Back? Governor Manchin says he won't rule out capital punishment in the Mountain State. Will West Virginia bring back the death penalty? Governor Manchin... says he won't rule out signing it back into law. The Democratic governor... did say... he's not yet laid out an agenda on that issue... and doesn't plan to. He says any decision on whether to sign a death penalty bill would depend on what's in the bill. Legislative leaders... on both sides of the aisle say it's not likely the House of Delegates or the Senate would pass a death penalty bill. State lawmakers... put an end to the practice... back in 1965. (source: Associated Press) OHIO: 'Vigilante' not guilty of murder The 3rd time really was a charm for Gary Smith. After initially being indicted for charges that could have sent him to death row, Smith had three trials on the murder and other charges. The 3rd trial ended Friday with Smith being found not guilty. Smith, 54, was arrested May 14, 2001, when, in his own form of vigilante justice, he shot 4 men in Over-the-Rhine, killing one, Jimmie Gordon. Smith called police days before the shooting to complain that "crack head punks" dealt drugs outside his Over-the-Rhine home, urinated on his stoop, killed his cat, slashed his tires and threatened him. Smith was arrested and said he was seeking revenge against 3 men who robbed him by killing Gordon and wounding 3 others. Smith initially was convicted of murder for killing Gordon and for felonious assault for wounding the 3 others. That jury, some of whom later received collect telephone calls from Smith while he was in jail awaiting sentencing, allowed Smith to escape death row. He later was sentenced to 47 years to life. The conviction and sentence, though, were overturned when an appeals court ruled that Smith's constitutional rights were violated when a judge wouldn't allow Smith to act as his own attorney in the 1st trial. Smith went on trial again on the same charges. While that jury convicted him of felonious assault for wounding the 3 men, it was unable to unanimously rule on the murder charge. Smith was sentenced to 55? years last October for the felonious assault convictions and ordered to strand trial -- again -- on the murder charge. How can one jury find Smith guilty of shooting 3 people and another jury acquit him of murder in the same incident? "I guess it is two different groups of people looking at it 2 different ways," assistant Hamilton County prosecutor David Prem said Friday. Jurors said after Friday's verdict they believed Smith was acting in self-defense when he killed Gordon. "The last jury had trouble with whether or not Gary intended to kill the guy," Prem said of the jury unable to render a verdict last time on the murder charge. "The last jury didn't believe self-defense." Murder, he noted, requires that the accused be found to have intended to kill. Felonious assault, though, requires a finding only that the accused knowingly cause physical harm. Smith's attorney couldn't be reached Friday. In the 2nd trial, Smith openly and repeatedly displayed his resentment over his case. In that trial, Common Pleas Court Judge Patrick Dinkelacker was so frustrated by Smith's outbursts, even from the witness stand, that he threatened to gag Smith. While he was testifying, Smith, in front of the jury, asked the judge, "Did you really think I was going to do anything you told me to?" The only thing Smith is doing now that the judge told him to is the 55?-year prison sentence for the felonious assault convictions. Smith is appealing that sentence and conviction. (source: Cincinnati Post)
