March 18 ILLINOIS: Garnati lashes out at measure that would make death penalty convictions more difficult Williamson County State's Attorney Charles Garnati is attempting to drum up citizen support to help defeat House Bill 2704, which passed the House earlier this week and will be voted on by the Senate next week. The legislation, if signed into law, would will make it more difficult for prosecutors to achieve a death penalty conviction in Illinois. Garnati, who forwarded a letter of concern to State Sen. Dave Luechtefeld, said the measure requires juries in death penalty cases, or the judge in a bench trial, after finding a defendant guilty beyond a reasonable doubt of murder, to determine that the evidence in the case left "no doubt" in relation to the defendant's guilt. Only a "no doubt" conviction would lead to a death penalty, Garnati said. "If we are to be a civilized society, there must be some kind of minimum standards to follow and when we go below that minimum standard, we face the ultimate penalty," Garnati said. More on Garnati's comments will appear in Saturday's edition of The Southern Illinoisan. (source: The Southern Illinoisan) ************************ Steidl not surprised by lawsuit tied to murders--Judge overturned former Paris resident's conviction last year A man whose conviction was thrown out after spending 17 years in prison for a murder in Paris, Ill., said he is not surprised a police officer has filed a lawsuit claiming he was demoted because he tried to reopen the murder case. Randy Steidl said Wednesday he plans to attend next month's trial involving an Illinois State Police lieutenant's federal lawsuit that claims state police officials violated his civil rights by reassigning him because of his efforts to reopen the murder investigation. "None of what is in that report really surprises me," Steidl said from his new job at a manufacturing plant out of state. "This is what I've been screaming about for years, and everyone ignored me." Steidl was convicted in the 1986 stabbing deaths of Dyke and Karen Rhoads in their Paris home. Steidl, who spent a dozen years on death row, was released last year after a judge ordered a retrial and prosecutors dropped the case. The judge said it was "reasonably probable" a jury would have acquitted Steidl had his defense done more to challenge the state's case. A prosecution witness also recanted. Herb Whitlock, charged with Steidl and convicted of murdering Karen Rhoads in a separate trial, is now seeking a new trial. Whitlock is serving a life sentence. A federal judge on Friday denied a motion to dismiss the civil suit filed by Lt. Michale Callahan, who is asking unspecified money damages, and set April 11 for the trial in U.S. District Court in Urbana. In his lawsuit, Callahan alleged his superiors stopped his investigation into the possible involvement of a businessman in the Paris murders because the businessman made large political donations. Callahan began re-examining the case at the request of his bosses in 2000 and determined that the two men probably were not guilty and issued a memo naming the businessman as a "person of interest." Callahan attempted to investigate the businessman in 2001 and 2002 but was told the case was "too politically sensitive," according to an affidavit. Officials say Callahan was taken off investigative duties and reassigned to patrol because he and another officer were unable to get along. The supervisor also was reassigned. Illinois Attorney General Lisa Madigan's office said this week that the state's inspector general should look into the allegations made in Callahan's suit. Steidl's brother, Rory Steidl, an Illinois State Police master sergeant, also has called for federal officials to investigate the allegations. "Given the information we've learned from Lt. Callahan's lawsuit, the state of Illinois has no business investigating this case," Rory Steidl said. "Nothing short of a federal investigation will suffice." Sharon Paul, spokeswoman for the U.S. attorney's office in central Illinois, said she could neither confirm nor deny whether the Department of Justice is looking into the case. (source: Associated Press) FLORIDA: Killer Asks Judge for a Life Sentence Convicted killer Thomas Woodel thought long and hard Thursday before asking a judge to spare his life. Now, Polk Circuit Judge Susan Roberts must decide whether the 34-year-old former pizza cook from Michigan should die or spend the rest of his life in prison for murdering Bernice and Clifford Moody in 1996. The elderly snowbirds from Kankakee, Ill., bled to death in their northeast Polk County home on Dec. 31, 1996, after being repeatedly stabbed with a knife. Woodel stabbed Bernice Moody, 74, more than 50 times, hit her twice in the head with a ceramic toilet-tank lid and left her naked on a bed. He stabbed Clifford Moody, 79, 8 times. Woodel is scheduled for sentencing in June. On Thursday, Roberts asked Woodel several times whether to say anything before she considers his sentence. Woodel seemed hesitant about saying anything. He talked with his lawyer, Gil Colon Jr., in a holding cell before addressing the court. "I'm sorry to the victims' family," he said, turning to face the Moodys' relatives, sitting in the courtroom's front row. "I'm sorry to society." He paused and then shook his head. "With all due respect to the state and victims' families, I would ask that you give me a life sentence instead of the death sentence," Woodel told Roberts. Outside the courtroom, two of the Moodys' children, Donald Moody and Rebecca Yowell, said Woodel's apology was insincere. He deserves to die, they said. "There's no remorse," Donald Moody said, describing Woodel as "an animal." The Moodys' granddaughter, Michele Clark of Tampa, also said Woodel's apology was not genuine. His lawyers likely counseled him to say "something nice," she said. If Roberts imposes a death sentence, it would mark Woodel's 2nd trip to death row for killing the Moodys. A jury convicted Woodel on Dec. 4, 1998, on 2 counts of 1st-degree murder, armed robbery and armed burglary. Circuit Judge Robert Pyle sentenced him to death. In 2001, the Florida Supreme Court overturned Woodel's death sentence, saying Pyle hadn't properly considered mitigating circumstances in the case. Roberts presided over Woodel's resentencing in July, where a second jury recommended a death sentence. The jury returned a 7-5 verdict recommending the death penalty in Bernice Moody's death and a life sentence for Clifford Moody. "It is the narrowest margin that a death recommendation can be made," Colon told Roberts Thursday. While jury verdicts must be unanimous for convictions, a simple majority can recommend the death penalty. Colon argued that execution is reserved for the "worst of the worst" criminals, such as serial killers and terrorists. Woodel maintains he doesn't know why he killed the Moodys. In a taped confession, Woodel told investigators that after a night of heavy drinking he went back home to Outdoor Resorts, a mobile home park on U.S. 192. Woodel said he stopped to ask Bernice Moody, who lived nearby, the time. "Something bizarre happened there to cause him to do what he did," Colon said. (source: The Ledger) PENNSYLVANIA: Prosecutor may seek death penalty----Bethlehem man charged with homicide in sword slaying. Sonny L. Thomas, the Bethlehem man accused of hacking and stabbing his neighbor to death with a samurai sword, could face the death penalty. Northampton County District Attorney John M. Morganelli on Thursday filed a notice saying that an "aggravating circumstance" exists in the homicide case against Thomas, 48, who was living at 540 Broadway. In the notice, Morganelli says Thomas was committing a felony robbery Jan. 21 when he killed Carlos Garcia, 19. A prosecutor is allowed to seek the death penalty only if a jury convicts a defendant of 1st-degree murder and one or more such aggravating circumstances exists. Morganelli said the filing does not mean that he has decided he will ask a jury to order that Thomas be put to death. Thomas was formally arraigned Thursday, and the deadline to file such notice is the date of arraignment. At Thomas' preliminary hearing, Bethlehem police testified that Thomas put the sword all the way through Garcia's back so that the weapon was sticking into the floor. A fire was burning atop Garcia's body when police arrived. Detective Mark DiLuzio testified that Thomas told him he had bought crack cocaine from Garcia the day of the killing and had smoked some of it. DiLuzio said Thomas told police he had done them a favor and had "killed a drug dealer." Testimony at the hearing revealed that Garcia had more than 50 wounds. DiLuzio said Thomas told him that Garcia was hard to kill. Thomas' attorney, Bohdan Zelechiwsky of Bethlehem, has said he will have Thomas' mental state examined. (source: Morning Call) ************************ Morganelli eyes death penalty in sword murder----Suspect accused in slaying. A Bethlehem man charged with killing another man with a samurai sword could face the death penalty. Because Sonny Thomas, 48, is alleged to have killed Carlos Garcia during a robbery, prosecutors may seek the death penalty against him if he is found guilty. Northampton County District Attorney John Morganelli filed notice Thursday that the robbery is an aggravating factor that makes Thomas' crime worthy of consideration for the death penalty. Police say Thomas stabbed Garcia repeatedly with a samurai sword and set his body on fire. The coroner said the 19-year-old victim had 50 stab wounds. 12 police officers were injured while trying to subdue Thomas on Jan. 21 inside the home in the 500 block of Broadway where Garcia was stabbed, according to police. When police asked Thomas why he stabbed Garcia repeatedly, he allegedly answered, "He was hard to kill." The dispute between Thomas and Garcia allegedly began when Garcia came to Thomas' room to sell him $80 worth of crack. Thomas said Garcia tried to convince him to buy more. Then, Thomas decided to rob him of either his drugs or his money, Morganelli said. After that, Thomas is alleged to have killed Garcia. Morganelli said he must file his notice of aggravating circumstances no later than Thomas' formal arraignment or he will be barred from seeking the death penalty. At an arraignment hearing, criminal charges are formally explained to a defendant. Thomas attended his arraignment Thursday with his attorney, Bohdan Zelechiwsky, Morganelli said. Morganelli said he hasn't decided whether he will seek the death penalty against Thomas, but by filing the notice he keeps his options open. "We generally will not make the final decision on that until shortly before jury selection," Morganelli said. According to police, two officers kicked in the door of Thomas' room in his boarding house and saw Garcia's body on the floor engulfed in 2- to 3-foot-tall flames. Police said Thomas refused the officers' orders to get on the floor, took a step back, went into a fighting stance and said, "I did you guys a favor. I killed a drug dealer." Morganelli has agreed to forgo seeking the death penalty against at least 3 killers who agreed to accept sentences of life in prison and waive their appeal rights. Morganelli is also considering whether to seek the death penalty against 70-year-old Moore Township resident Kathy MacClellan. First Deputy District Attorney Paula A. Roscioli said MacClellan used torture when beating 84-year-old Marguerite Eyer to death and robbed Eyer after killing her. (source: The Express-Times) MARYLAND----impending execution Judge denies request to delay execution of death-row inmate A Baltimore County Circuit Court judge refused a request yesterday to postpone the scheduled execution of a death-row inmate seeking to overturn his sentence based on a University of Maryland death penalty study. Judge John G. Turnbull II denied the motion filed by lawyers for convicted killer Vernon L. Evans Jr., who is scheduled to be put to death by lethal injection sometime during the five-day period that begins April 18. Evans and drug kingpin Anthony Grandison were convicted and sentenced to death in the April 1983 killing of David Scott Piechowicz and Susan Kennedy at the Warren House Motor Hotel in Pikesville. Julie S. Dietrich, an attorney for Evans, said lawyers will quickly appeal the denial of the stay of execution to the Maryland Court of Appeals. Pointing out that other Maryland death-row inmates are in various stages of appealing their sentences based on the University of Maryland death penalty study, Dietrich said, "It would be fundamentally arbitrary to allow Mr. Evans to be executed while 4 other death-row inmates are litigating the exact same issue." In a study released in January 2003, professor Raymond Paternoster documented racial and geographic disparities in the application of the death penalty in Maryland. He found that black defendants who killed whites were statistically most likely to be charged with capital murder and sentenced to death in Maryland and that the likelihood of prosecutors seeking capital murder charges in Baltimore County, for instance, is 13 times greater than in Baltimore. Evans is black. His 2 victims, both of whom were white, were killed in Baltimore County. (source: Baltimore Sun)
