March 17 TEXAS: Life in prison for priest's killer----A 2-decade-old sentence changes after a court finds he is retarded and can't be executed David Wayne DeBlanc had his sentence commuted to life Wednesday after being convicted of murdering a Catholic priest and spending two decades on death row. The Texas Court of Criminal Appeals concluded that the 49-year-old DeBlanc was retarded and therefore should not be executed for the fatal shooting of the Rev. Henry Bouchie during the robbery of a church rectory in Ames in 1983. For 7 years, Bouchie had been a popular pastor of Our Mother of Mercy Catholic Church in the Liberty County town with a rich French and Catholic heritage. Witnesses testified at the time that DeBlanc bragged about shooting the priest as he was kneeling in prayer. However, both the Liberty County District Attorney's Office and DeBlanc's attorney agreed the evidence also proved DeBlanc was retarded, which was not a factor in executions when he was originally convicted. The U.S. Supreme Court did not ban executions of the mentally retarded "as being unconstitutional and cruel" until June 2002. The 1st time the court granted review of the retardation issue was the 1989 case of Johnny Paul Penry, who had a history of retardation and was sentenced to die for the rape and murder of a 20-year-old Livingston woman. The court then said juries must consider retardation in deliberating sentencing, but did not bar executing retarded individuals until 2002. Liberty County District Attorney Mike Little expressed his disappointment that DeBlanc's execution would never occur, but said that he struck a deal that would also assure "that he dies in prison" and is never released. "In light of the Supreme Court's ruling, we really had no choice. I have talked to the priest's next of kin and they were agreeable to the arrangement," Little said. Under the agreement, Little agreed not to fight the commuted sentence in exchange for LeBlanc waiving his parole eligibility and pleading guilty to other crimes carrying life sentences such as aggravated robbery and injury to an elderly person. DeBlanc's attorney, Raoul Schonemann, said he was pleased to have his client's life spared. Both sides agreed the evidence clearly proved that DeBlanc was retarded. School records showed DeBlanc had a 56 IQ, labeled him as "retarded" and placed him in special education classes. He quit school in the 8th grade and read on a 2nd grade level, records showed. "We had evidence from doctors who examined him prior to age 18 who said he appeared retarded," Schonemann added. An opposing view However, Jerry Andress, a retired prosecutor who assisted in the DeBlanc trial, said DeBlanc "did not seem retarded to me during the trial." "It was a heinous crime. He killed a man who devoted his life to Christianity and God, who helped people and never harmed anybody," said Andress, adding he would never forget the crime scene. "There was blood everywhere. The shot severed the priest's artery and he did not die immediately." Craig Washington, the Houston attorney who represented DeBlanc during the trial, could not be reached for comment. The Rev. Paul Asih, who now oversees the small Ames church where 68-year-old Bouchie was killed, said a stone marker still stands there in remembrance of him. "We pray for him at a Mass at least once a year," he added. When Asih first came to this church from Nigeria 3 years ago, he admitted that he was afraid after hearing about the murder. "I'm human. But it's been pretty good here. God takes care of us," he said. (source: Houston Chronicle) NEW JERSEY: Death penalty fought in Vaughn case -- Details noted in murder Defense attorneys for James Vaughn, the Irvington man accused of shooting to death a 72-year-old woman and critically wounding her daughter in July 2003 in their home on Hillairy Avenue, argue in court papers released Thursday that if their client negligently or recklessly killed the older woman, Maxine McCaden in the course of trying to kill the daughter, Bernadette "Bunny" Kennedy, he should be tried for non capital murder. Defense attorneys Roy Greenman and Michael Fletcher base their complicated argument on information they released indicating Vaughn had had six beers spiked with rum while at the victim's home and had appeared sullen and angry at any mention of Kennedys husband. The attorneys are arguing that if Vaughn meant to kill Kennedy and inadvertently killed McCaden, he could not be guilty of capital murder since he did not knowingly or purposely kill the mother. The attorneys called the killing "transferred intent" even as they refused to admit any guilt. The move by the defense is an attempt to fight the death penalty called for by the Morris County Prosecutors Office. Morris County Assistant Prosecutor Ralph Amirata countered the defense assertion by stating in court papers the death penalty should remain. He argued that even if Vaughn did not intend to kill McCaden, "When a defendant intentionally shoots at one victim and kills another, his punishment should be consistent with his intent, not his bad aim." Amirata wrote that while on the houses porch, Vaughn fired a single shot into McCaden's temple, killing her. He then moved to the kitchen and, standing 2 feet from Kennedy, fired rounds into her until the gun was empty. With Kennedy on the floor, Vaughn allegedly stood over her, reloaded his gun and fired one more shot. Miraculously, Kennedy survived. According to Amirata, she told detectives during her lengthy convalescence that Vaughn somehow had become friendly with her mother and made frequent visits to the house where he often ate and drank alcoholic beverages. During this period, Vaughn apparently became enamored of Kennedy, but she did not return his feelings. Kennedys husband was in jail at the time and was due out in a few months. Vaughn seemed to become annoyed whenever the husband called Kennedy when he was at the house and became agitated when he realized the husband likely would be home to attend the wedding of Kennedys daughter in August 2003. Kennedy said she never knew Vaughns last name and was not aware of how her mother had met him. According to court papers, on the night of the killing, July 19, 2003, Kennedy returned home to find her mother drinking with Vaughn. Kennedys daughters came by for dinner, at which time Vaughn allegedly had the beer and rum drinks. Kennedy's husband called Kennedy and after the conversation ended, Vaughn allegedly became upset and "bitter," Kennedy told authorities. At that point, Kennedy asked him to leave because he was becoming "nasty." He left the property heading back to his home in Irvington, where he lived with a woman, and retrieved a gun, police believe. He drove back to the Hillairy Avenue home where McCaden and Kennedy were conversing with a neighbor. The neighbor told police she left, but came right back after she heard the shooting. The witness allegedly saw McCadens body on the porch and heard Kennedy scream, "Please don't let him do this to me." The neighbor told police she saw Vaughn stand over Kennedy and fire his last shot. Following the shooting, Vaughn allegedly fled to Clarkton, Va. On July 27, 2003, members of the Morris County Prosecutors Office Major Crimes Unit and Fugitive Unit, along with other law enforcement personnel joined forces with the Columbus County (N.C.) Sheriffs Office and the U.S. Marshall Service and tracked Vaughn down to a Clarkton residence. Detectives found the residence, which was set back significantly from the roadway. The detectives then traveled down a dirt road where they tactically approached the defendant, according to the Morris County Prosecutors Office. The officers swiftly arrested Vaughn while he was outside the residence. He was arrested without incident and subsequently transported and lodged in the Columbus County Detention Center and later extradited to New Jersey. Vaughn had been convicted in 1980 for murdering his pregnant girlfriend in Orange with a handgun. He was sentenced to 30 years in prison and was released in 1992 after serving 12 years. (source: Morris News Bee) CONNECTICUT: Hope That State Will End Death Penalty Letters To The Editor: I salute The Day for the honest and important editorial titled "A debate Connecticut needs," published March 11. You pointed out something that people in Connecticut should be made aware of, that Michael Ross deserves our gratitude for being the cause of getting Connecticut to examine honestly whether we should hold on to being a death-penalty state. Even though I am the mother of murder victims, I agree with you that the death penalty is "barbaric in its cruelty, no matter what steps are taken to sanitize it." In most newspaper reports, I kept reading that killing Michael Ross would be good because now the families of his victims will get their peace, their vengeance, their closure, their final chapter. I had to face this question of whether another killing would bring me "peace" after the murders of loved ones when my son John and his wife, Nancy, were shot to death in Montana by an 18-year old who was out to find out "what it feels like to kill." Fortunately, I had my Catholic faith, helping me to know that the only way I would find true peace would be to "forgive" the killer, meaning not to seek his death, but to hope he would be forever in prison, perhaps one day repenting his crime. Editorials like yours give us who work as members of The Connecticut Coalition to Abolish the Death Penalty great hope and encouragement to carry on till we once again live in a death-penalty-free state. Antoinette Bosco----Brookfield (source: Letter to the Editor, The Day) GEORGIA: Self-described death penalty foe O'Reilly attacked Atlanta prosecutor for not yet seeking death penalty in Nichols case Fox News host Bill O'Reilly blasted Fulton County District Attorney Paul Howard for having "not yet decided whether to seek the death penalty" against alleged Atlanta courthouse shooter Brian Nichols. O'Reilly commented: "Can you believe this guy? An accused rapist guns down four people, and you don't seek the maximum sentence?" But O'Reilly himself has said he opposes the death penalty. During the Talking Points Memo segment of the March 15 edition of The O'Reilly Factor: O'REILLY: But the mass murder committed by Brian Nichols can also be laid partially at Howard's doorstep since he oversees justice in Fulton County. Item: When asked if it was wise to assign a 51-year-old female deputy to guard Nichols alone, Howard said it was fine, even though Nichols was found with knives two days before he went on his shooting spree. Item: Today, when Nichols appeared in court, 19 deputies were guarding him. Item: Even though Nichols murdered 4 law officers, Howard has not yet decided whether to seek the death penalty. What? Can you believe this guy? An accused rapist guns down four people, and you don't seek the maximum sentence? What the deuce is going on? There's no question the criminal justice system is out of control in Atlanta, which, according to the FBI , is among the most dangerous cities in the country. O'Reilly has previously stated his opposition to the death penalty. During the August 28, 2001, O'Reilly Factor, in response to a comment by Terry O'Neill, vice-president for membership of the National Organization of Women, that "You [O'Reilly] support the death penalty ... " O'Reilly said, "No, I don't. ... I'm against the death penalty, Miss O'Neill." Also, in a November 19, 2002, interview with human rights activist Kerry Kennedy Cuomo, O'Reilly said, "I'm against the death penalty as well ... " And on November 1, 2004, he said on Westwood One's The Radio Factor that "I'm against the death penalty for 2 reasons: No. 1, I don't think the state should be executing anybody; and No. 2, I don't think ... it deters." (source: Media Matters)
