March 22 VIRGINIA: 9-11 Suspect May Face Death Penalty, Despite Restricted Defense The United States Supreme Court declined without comment yesterday to hear arguments from suspected terrorist Zacarias Moussaoui. A French citizen, Moussaoui has been jailed by the US government since before the September 11, 2001 terrorist attacks, and the Justice Department is trying him for involvement in the attacks. If convicted, he may face the death penalty. Moussaoui had requested access to some suspected Al-Qaeda members held in US custody, who he says could testify to his innocence. But the Justice Department opposed allowing Moussaoui and his lawyers to interview the suspects, citing ongoing interrogations and potential national security breaches. A lower court ruled that if the government refused to grant Moussaoui access to the suspects, it must take the death penalty off the table. An appeals court later restored the specter of capital punishment, ruling that the government could provide Moussaoui written summaries of the suspects statements under interrogation in lieu of allowing him to conduct interviews himself. By refusing the hear Moussaouis case, the High Court effectively upheld that latest ruling and opened the way for the Justice Department to precede with its case. (source: The New Standard) LOUISIANA: Convict's death sentence commuted----Mental state prevents execution, judge says A New Orleans convict sentenced to die for the 1984 murders of 2 children will instead serve life in prison, a judge ruled Monday. Thomas Deboue, 55, is mentally retarded and cannot legally be executed, a federal judge said this month, throwing out the death sentence and sending his case back to state court. Orleans Parish Criminal District Court Judge Lynda Van Davis on Monday gave Deboue a life sentence, without benefit of parole or probation. Deboue's fate hinged on the 2002 United States Supreme Court decision that executing mentally retarded killers is unconstitutionally cruel. Deboue had spent almost 20 years on death row at the state prison at Angola when on March 10 his death sentence was "permanently vacated" by U.S. District Court Judge Ginger Berrigan. Berrigan determined that Deboue is legally retarded and ineligible for the death penalty. Deboue is the 7th Louisiana convict to leave death row in light of the landmark ruling, his attorney Nick Trenticosta said. But Deboue's case is still alive in the federal court system, Trenticosta said, and Berrigan has yet to rule on other matters concerning the 1984 conviction. The change in his sentence means Deboue will be moved from death row, where inmates are locked in single cells for 23 hours a day, to the less constrained world of the prison's general population, where inmates eat together and are eligible for jobs and more recreation opportunities. "Today is an amazing day," Trenticosta said Monday after the hearings. "Had he been executed, who would have gained anything from it? His life has a lot of meaning, no matter what he is accused of or convicted of." Deboue and his brother Edward James Deboue were convicted in the Uptown murders of Niquika Miller, 6, and Jamal Moore, 12. The children's throats were slashed with razor blades during a burglary of their home at 1803 St. Thomas St. early March 30, 1984. The boy was cut seven times and left in a bathtub while the girl suffered 2 wounds and was found on a blood-soaked bed. Each child died slowly, a pathologist testified. Prosecutors at the trial said the brothers reverted to the "lowest possible form of criminal behavior, the bottom denominator," in killing the children to eliminate witnesses to the apartment burglary. The brothers hit the apartment in search of cash, after having lost badly in a dice game, according to court records. The children were the niece and brother of Thomas' former girlfriend Angela Miller and were staying with her sister, Bettina. Thomas Deboue's sister testified that he told her he killed the children because "he did not want to do 40 years" and that he "owed the girl," an apparent reference to Niquika's mother. Efforts to contact survivors of the murdered children were unsuccessful. None attended court Monday, defense lawyers said. The Deboue brothers fled New Orleans after the crime but were arrested once they arrived in New York by bus. Attorneys Lawrence Ernst and Trenticosta argued that Deboue didn't receive a fair trial. He called no witnesses before resting his case, and no one testified on his behalf during the death penalty hearing, Trenticosta said. The court hearing Monday marked the first time Deboue's grown daughter has seen him since his arrest in 1984, Trenticosta said. Edward Deboue remains in prison, serving life without possibility of parole. (source: The Times-Picayune) KENTUCKY: U.S. Supreme Court declines Death Row appeal----CONVICTED MURDERER HAS CHALLENGED LETHAL INJECTION AS INHUMANE The U.S. Supreme Court yesterday declined to hear the final appeal of a man convicted of killing a Powell County sheriff and a deputy, clearing the way for state authorities to set Ralph Baze's execution date. But it is unlikely that Baze, who was convicted of killing Powell County Sheriff Steve Bennett and his brother-in-law, Deputy Arthur Briscoe, will be executed any time soon. Baze and another inmate are challenging the state's method of executing prisoners in Franklin Circuit Court. A bench trial in that case is scheduled to begin April 18. Attorney General Greg Stumbo has not decided when he will ask Gov. Ernie Fletcher to issue a death warrant for Baze. Vicki Glass, a spokeswoman for Stumbo's office, said the office is reviewing its options. Baze's lawyers said yesterday they also plan to mount other legal challenges to halt his execution. But Bennett's widow hopes the execution will come soon. Rose Bennett, also Briscoe's sister, said yesterday from her Powell County home that after 13 years of appeals, she is ready for Baze to die. She has a folder with newspaper clippings and other documents related to Baze. It's a file she would like to shove into a drawer and never see again. "I will never have closure until he's put to death," she said. Rose and Steve Bennett's son Steven was only 4 years old when his father died. Now 17 and a junior at Powell County High School, Steven Bennett said he, too, is ready for Baze's execution. "He said he was saved," Steven Bennett said of Baze. "He better be. I guess it's in God's hands now." Baze and Thomas Clyde Bowling, another Death Row inmate, filed a lawsuit in Franklin Circuit Court in August, arguing that the state's method of lethal injection is inhumane. The two men say that the manner, particularly the type of chemicals Kentucky uses in its lethal injection, could violate a prisoner's Eighth Amendment right not to suffer cruel and unusual punishment. If their appeals are denied, it is likely that both Baze and Bowling will be executed before the end of the year. Since the state reinstated the death penalty in 1976, only two men have been executed in Kentucky. The last time the state executed more than 1 person in the same year was in 1956, when 3 Jefferson County men were executed, one for rape. Bowling, whose Nov. 30 execution was stayed by two courts a week before his execution, was convicted of kil-ling Edward and Tina Earley and shooting their 2-year-old son outside the couple's Lexington dry-cleaning business in 1990. Baze, 49, told the Herald-Leader in November in a telephone interview that he knew there was a less than a 1 % chance the U.S. Supreme Court would hear his appeal. "It could be as early as June," Baze said of his execution date. Baze has never denied that he shot Bennett and Briscoe when they went to his cabin and tried to arrest him on Ohio warrants in January 1992. Baze has argued in the past that he was acting in self-defense and was under extreme duress. Susan Balliet of the Department of Public Advocacy said that, besides the lethal injection claim, Baze also has a pending appeal before the state Supreme Court. Baze's lawyers are arguing that a 20-year sentence for a federal firearms charge stemming from the murder should have been presented to the jury during the sentencing phase of Baze's trial. Balliet said that, if the jurors had known that Baze was going to serve an additional 20 years on the gun charge on top of the murder sentence, they might not have sentenced Baze to death. Balliet said the jury never heard other information about Baze's background and childhood. "There is a lot of information that no court has ever heard," Balliet said. "The full story of Ralph Baze has not been told." (source: The Herald-Leader) ****************** Verdict ends trial in WKU murder In Owensboro, after deliberating for just over 3 hours, a jury yesterday found Lucas Goodrum not guilty of the 2003 rape, sodomy and murder of Melissa "Katie" Autry. Goodrum, 23, who could have faced the death penalty in the slaying of the Western Kentucky University student, broke into tears and embraced one of his lawyers after Special Judge Thomas O. Castlen read the verdicts. Members of Autry's family and Goodrum's family also cried. "I'm happy to be out and be a free man and to be with my family," Goodrum, surrounded by relatives, said at a news conference less than 2 hours after the verdict was read. Autry's family was devastated. "I felt like he was guilty. I still feel like he was guilty, and like I said, God help us all," said Virginia White, Autry's aunt. Warren County Commonwealth's Attorney Chris Cohron said there would be no further investigation into Autry's murder, and that all the investigating agencies "did the best that they could." "We've never wavered whatsoever in our belief that Lucas Goodrum was guilty, but we respect the jury's verdict," Cohron said. Some members of the 9-man, 3-woman jury said the prosecution didn't present enough evidence against Goodrum, of Scottsville. "A lot of us felt in our hearts that maybe he was guilty, but there was no physical evidence to prove it," said David Austin, 57, an Owensboro bar owner. 'Justice was done' Before his release yesterday, Goodrum had been jailed since his arrest on May 11, 2003, one week after Autry, 18, was raped, sodomized and set on fire in her dorm room on Western Kentucky University's Bowling Green campus. Autry suffered third-degree burns and died three days after the attack. "It's kind of frustrating to spend two years in jail for nothing, for being falsely accused of something," Goodrum said. "But justice was done today and I've got the rest of my life to move on." Goodrum faced charges of rape, sodomy, arson, murder, complicity to commit rape and complicity to commit sodomy. The trial was moved from Bowling Green to Owensboro at his request. Goodrum testified in his own defense. He told jurors what he had said to police, that he was at the Scottsville home of his father and stepmother about the time Autry was attacked, and Mike and Judy Goodrum supported that alibi. Another Scottsville man, Stephen Soules, 22, pleaded guilty last year to crimes related to Autry's murder. In exchange for testifying against Goodrum, prosecutors agreed to recommend a sentence of life without parole for Soules. Cohron said that Soules will be sentenced next month and that his plea deal will stand. "We believe Mr. Soules upheld his end of the bargain," Cohron said. Soules told the jury that he watched Goodrum rape and sodomize Autry and then did the same thing on orders from Goodrum, who Soules said threatened him and his family. Soules said Goodrum then forced him to douse Autry with hairspray before Goodrum lit a handful of papers and held them over Autry. Soules said he didn't actually see Goodrum set Autry on fire. 'A poor case' "All along when we started this case the key question was would (the jury) believe Stephen Soules or would they believe Mr. Goodrum and his family," Cohron said. "I think the jury answered that to their own judgment." John Fentress, 23, an Owensboro factory worker and the jury foreman, said prosecutors presented "a poor case" hallmarked by a lack of physical evidence and incomplete police work. "There was reasonable doubt," he said. "You have to prove it to me 100 %, and they came nowhere close to doing that job." Fentress said the deliberations were difficult because the jurors had different feelings about the case. He said they "seriously discussed every little factor" and that a little more than 3 hours was enough time. But White said she was surprised that the jury returned the verdict so quickly. "You had to put some faith in Stephen Soules' testimony," she said. Goodrum said he would hold no hard feelings even though he believes he was treated as "guilty until proven innocent." He and his mother, Donna Dugas, and stepfather, Bruce Dugas, planned to leave immediately for the Dugases' horse ranch in Texas, Goodrum said yesterday. Bruce Dugas said Goodrum would begin riding cutting horses for the family. Closing arguments Jurors listened to about 50 witnesses over 8 days. During closing arguments, David Broderick, Goodrum's lawyer, told the jury that the lack of physical evidence against Goodrum provided "reasonable doubt" that his client committed the crimes. He also sought to discredit Soules and 3 jail informants who testified that Goodrum told them that he participated in the attack. Too many details of Soules' story didn't make sense, Broderick said. And he said WKU police, who investigated the murder, should have checked Goodrum's alibi and interviewed other potential suspects. "They were rushing to justice," he said. "They wanted to solve this crime. They didn't follow good police practices." Cohron told jurors in his closing argument that Broderick was using "smoke and mirrors" to raise questions about Goodrum's involvement. Soules' story evolved over several discussions with investigators, Cohron said, but that shouldn't prevent jurors from seeing the big picture. He said Goodrum initially failed to tell investigators about key elements of his whereabouts on the morning of the attack and that Mike and Judy Goodrum lied to protect Lucas Goodrum. "My dad would do it for me," Cohron said. "He'd do it in a heartbeat. That's what parents are for." (source: The Courier-Journal) CALIFORNIA: Scott Peterson's First Day on Death Row is One to Forget Scott Peterson's 1st full day on "Death Row" in San Quentin's maximum-security prison is one he'd soon rather forget. Peterson's day started off well. After being processed, Peterson was introduced to his new cellmate, Earl Goings. Goings, on death row for 1984 murder of Sam the Eagle, the mascot of the Los Angeles Summer Olympics, is seen in the prison as a preferred partner. Every cellmate of Goings' since his 1986 incarceration in San Quentin has had their death sentence delayed or pardoned. However, Peterson's good fortune would soon fade. Before lunch, Peterson was invited to participate in the prison March Madness pool. "The winner of the pool usually gets some extra goodies," said prison guard Mo Blacka. Blacka cited money in the canteen and extra phone time as "official" prizes offered by the prison. "I'm not sure he knew about the unofficial prizes, though," said Blacka. "It's widely known that the winner of each round of the pool is allowed to select one inmate as his 'helper' for the week. Although we have no concrete knowledge of this, I'm pretty sure it happens every year," confessed Blacka. "I didn't want to say too much to him about it, but I kind of had to chuckle when he picked Winthrop and Delaware State to make it to the Final Four." By Thursday night, Peterson had been informed by Goings that he would most likely be the loser in the pool. Guards heard Goings laughing at Peterson before bed on Thursday: "Who only gets one game right?" Benjamin Dover, incarcerated in San Quentin since 1995 for the murder of his family at Disneyland, correctly picked all 16 games on the 1st day and appears to be in the best position to win first round of the tournament. Goings confirmed to Peterson Friday morning that Dover had inquired about Peterson. Said Goings, "Ben just wanted to know how such a handsome, young man could be accused of committing such a horrific crime. He definitely wants to get inside of Scott to understand him better." (source: DeadBrain) MISSISSIPPI: U.S. Supreme Court declines to hear Miss. death row case The U.S. Supreme Court has refused to hear the appeal of Mississippi death row inmate Larry Matthew Puckett, convicted in 1996 for the sexual assault and beating death of a woman in her Forrest County home. Last week, the Mississippi Supreme had said it would not allow Puckett's post-conviction appeal because no new issues were presented that might lead to a new trial. The U.S. Supreme Court declined to hear the case without comment. Puckett can still appeal through the federal courts. However, any additional legal steps planned by the Mississippi Office of Capital Post-Conviction Council were uncertain. A spokeswoman said Monday that the council attorney handling the case, Robert M. Ryan, does not talk with the media. Puckett was convicted of capital murder and sentenced to die for the 1995 death of Rhonda Griffis, 28, of the Sunrise community. Griffis died from blows to the head. Griffis' mother, who lived next door, testified during the trial that she heard her daughter screaming during the attack. She testified that she ran over and saw Puckett in the kitchen with a club that resembled an ax handle. The Supreme Court upheld Puckett's conviction in 2000. Last Thursday, the Mississippi justices rejected Puckett's claim that a member of the jury could not comprehend English. Chief Justice Jim Smith, writing for the court, said prosecutors, Puckett's lawyer and the trial judge closely questioned the juror about her ability to read and write English and understand it. Smith said the court record showed the prosecutor was ready to dismiss the juror but Puckett's lawyer was not. He said Puckett did not object when the juror was seated for the trial. (source: Associated Press)
