April 8


GEORGIA:

'Aggravated circumstances' led to death penalty decision----DA seeks
capital punishment in slaying of Pendergrass officer


Killing a working policeman is such a heinous crime that Piedmont District
Attorney Tim Madison decided last week to seek the death penalty for the
man accused of killing a Pendergrass officer.

Richard Whitaker, 27, of Flowery Branch, faces charges of felony murder,
aggravated assault on a peace officer, possession of fire-arms by a
convicted felon and 5 others. Police officer Chris Ruse was shot and
killed Dec. 29.

Madison filed a notice of intent March 31 with the Jackson County Superior
Court that cites 3 reasons for seeking the toughest possible punishment
for Whitaker.

"After we reviewed the case and interviewed the witnesses, it appeared
there were 2 occasions of aggravated circumstance, one for murder and the
second for murder to avoid a lawful arrest (of Whitaker himself)," Madison
said.

"To seek the death penalty there has to be at least one and in this case
there were 2," he said.

A 3rd factor in the decision is that Whitaker allegedly committed the
crime while out on bond after a conviction for possession of
methamphetamine and possession of a firearm during the commission of a
felony, according to the notice.

The trial's next step will be a first appearance hearing followed by an
arraignment, which should happen sometime in the next 60 days, Madison
said.

The other man with Whitaker during the incident, Nolan Leon Chauvin IV,
pleaded guilty to lesser charges last month.

As part of Chauvin's plea bargain, he has agreed to testify against
Whitaker, Madison said.

Whitaker and Chauvin are being held in the Jackson County jail without
bond.

Ruse was 45 at the time of the Dec. 29 shooting, which happened about one
mile from the Hall County border on U.S. 129. Authorities said Ruse had
attempted to pull over a pickup truck for a traffic violation.

(source: The Gainesville Times)






IOWA:

Death penalty debate is needed, McKibben says


Sen. Larry McKibben, R-Marshalltown, said Friday he still wants to have a
debate over the death penalty, no matter what the Senate Democratic leader
says.

Sen. Mike Gronstal, D-Council Bluffs, the leader of the Senate Democrats,
has said that there is no chance of such a measure being approved and
called it a political issue.

"Everything we do in the Legislature is a political issue. That's the
nature of the business," McKibben told the Marshall County Pachyderm Club.
"Does Sen. Gronstal want to be responsible for killing the child killer
bill?"

The provisions that McKibben will introduce will make convicts eligible
for the death penalty in certain Class A felony situations involving in a
minor. McKibben said those who were convicted of killing a minor, plus an
additional conviction for either kidnapping or raping that minor would be
eligible for capital punishment.

(source: Times-Republican)

**********************

Death penalty debate, truth bill hit skids


The prospect of reinstating Iowas death penalty reared its head again this
week at the Statehouse. A group of Republican senators are insisting it be
a part of legislation with get-tough measures for sex offenders.

But Senate Democratic Leader Mike Gronstal of Council Bluffs said hell
refuse to let the divisive issue become a part of a debate on sex offender
penalties and accused Republicans of playing politics on the issue.

"We will not debate a death penalty in the Iowa Senate," Gronstal said.

And House Speaker Christopher Rants, R-Sioux City, has said there aren't
enough votes to pass the death penalty in the House, where the GOP
maintains a slim 51-49 margin.

Gridlock grips session

With the clock ticking down on the Iowa Legislatures 2005 session, House
Speaker Rants frustration boiled over this week. He complained that a
number of bills that have passed the House are ending up on the Senate
scrap heap as legislators try to adjourn by April 29.

Rants blamed Senate Democrats for blocking the measures, and accused them
of breaking Senate rules in order to shelve them.

Gronstal, the Senate Democratic leader, was unapologetic and said this
session was supposed to be about finding common ground between the
parties.

"The House has passed a number of bills that we think are pretty bad
bills, and were not going to take them up in the Senate," Gronstal said.
One of those bills would have allowed employers to use a worker's hair to
test for drug use, a bill opposed by many Democrats.

Rants and Gronstal arent the only ones squabbling. Disagreements even
remain between Republican camps in the House and Senate on the budget.

Senate Republican Leader Stewart Iverson of Dows said its time to start
coming together.

"I dont know how we break the impasse, but we're going to have to do that
pretty soon or well be sitting here on July 4th," Iverson said.

(source: Quad Cities Times)

***********************************

Woman could face death penalty


In 1993, Angela Johnson was dating Dustin Honken, who had turned his knack
for college chemistry into one of the biggest methamphetamine operations
in the Midwest.

That year, prosecutors say, Johnson helped Honken kill 5 people, including
2 children, to protect his drug ring.

Honken was convicted last fall for his role in the slayings and, for the
1st time in 40 years, an Iowa jury recommended the death penalty.

The case will be revived Tuesday in U.S. District Court in Sioux City,
Iowa, where attorneys will begin picking a jury for Johnson's trial. If
convicted, she also would face the possibility of a death sentence.

"That would be rare," said David McCord, a Drake University law professor.

Of the 136 people nationwide who were sentenced to die in 2004, only 5
were women, McCord said.

"It's also relatively unusual for both perpetrators to get death sentences
for the same crime, simply because one perpetrator's actions are usually
worse than the other," McCord said.

Prosecutors say Johnson, 42, who grew up in Klemme, Iowa, helped Honken
kill 2 former meth dealers who had agreed to testify against him.

Greg Nicholson was killed in July 1993, along with his girlfriend, Lori
Duncan, and Duncan's 2 daughters, Kandi, 10, and Amber, 6.

In Honken's trial, forensic experts testified that Nicholson and Lori
Duncan each were bound, beaten and tortured before they were shot in the
head with a gun Johnson allegedly bought at a Waterloo, Iowa, pawn shop.

The two children also were shot. All 4 were buried in shallow graves near
Mason City, Iowa.

A second dealer-turned-informant, Terry DeGeus, disappeared months later.
Relatives say that on the night he disappeared, DeGeus told them he was
going to meet Johnson, his former girlfriend.

The bodies were found in 2000, only after Johnson gave a hand-scrawled map
to a jailhouse informant.

Honken, who was the 1st Iowan to face the death penalty in more than four
decades, has filed post-trial motions and is awaiting sentencing by U.S.
District Judge Mark Bennett.

No one in Iowa has been executed for an Iowa crime since 1963, two years
before the state's death penalty was abolished. But federal prosecutors
exercised their authority to seek the death penalty because this case
involved the murder of federal witnesses and children.

Attorneys in Johnson's trial have spent years arguing over the evidence,
jury selection, juror anonymity and trial location.

Earlier this year, Bennett hinted that he might move the trial to Cedar
Rapids, Iowa, or to a federal courthouse in Minnesota, given the media
attention for Honken's trial. After sending more than 1,200 questionnaires
to potential jurors across northern Iowa, Bennett ruled that an impartial
jury could be seated in Sioux City, where Honken's trial had been held.

Johnson's trial could have a few twists of its own, including possible
arguments about her mental health 5 years ago. Earlier this year, defense
attorneys told Bennett that, if the case enters the penalty phase, they
would bring up a suicide attempt by Johnson.

In October 2000, one day after the bodies were found, Johnson tried to
commit suicide in the Black Hawk County Jail. She subsequently was treated
by mental health professionals, according to court papers.

Johnson's lawyers also have notified the court they want Honken made
available to testify on her behalf if the penalty phase becomes necessary.

Honken currently is being held in federal prison in Marion, Ill., where he
is serving a sentence on drug charges.

Attorneys say jury selection could take 2 weeks.

(source: Omaha World-Herald)






ARIZONA:

Killer of family satisfied with death sentence


An admitted triple killer is satisfied to return to death row, his
attorney says.

A Pima County Superior Court jury gave James Granvil Wallace, 55, 3 death
terms yesterday for the 1984 slayings of his Tucson girlfriend, Susan
Insalaco, 36, and her children, Anna Monzon, 16, and Gabe Monzon, 12.

"Jim Wallace is happier with the death verdicts than he would be if they
had given a life verdict," said his disappointed defense attorney, Eric
Larsen.

"He has never forgiven himself and would have had great difficulty seeing
someone else extend him some forgiveness," Larsen said.

Wallace was previously sentenced twice to death by a judge. Those
sentences were overturned on appeal. Juries, not judges, now determine
whether to impose death sentences.

Jurors could have chosen life with parole possible after 25 years. The
Tucson Citizen erred yesterday in reporting sentencing options. Life
without parole was not an option in his case because such terms did not
exist when Wallace was convicted.

Larsen said jurors might have feared Wallace could be paroled in four
years because he has served more than 20 years.

Judge Virginia Kelly could have imposed consecutive life sentences.

Larsen had presented 24 reasons in favor of a life sentence, including
Wallace's chronic alcoholism since adolescence and a mentally ill mother.

Deputy County Attorney Rick Unklesbay said Wallace chose his lifestyle.
"He wants to be a drunk," Unklesbay said. "He wants to be an alcoholic. He
wants to live life the way he wants to live life."

The alcoholism and dysfunctional childhood are an "excuse," Unklesbay
said, for Wallace's abhorrent behavior after Insalaco ordered him out of
her house.

Wallace beat Anna Monzon with a baseball bat until it broke, pummeled her
with another and stabbed her in the neck with the broken bat. Gabe Monzon
and Insalaco were beaten to death with a pipe wrench.

"It is not revenge" to impose death, Unklesbay said. "It is justice."

Larsen said Wallace has many avenues of appeal.

(source: Tucson Citizen)

**********************

Man resentenced to death for slayings of girlfriend and her children


A jury Thursday ordered 3 death sentences for James Granvil Wallace,
ending a resentencing trial for the 54-year old man convicted in the 1984
murders of his girlfriend and her 2 children.

Wallace, who pleaded guilty to the triple murder, was originally sentenced
to death on all counts, but on appeal U.S. District Judge William D.
Browning ordered the resentencing in September 2002, said Pima County
Superior Court spokesman Dave Ricker. Wallace was originally sentenced
without an adequate examination of his background.

The jury decided last week that aggravated factors made Wallace eligible
for the death penalty and issued the sentence Thursday.

Wallace confessed to the Feb. 1, 1984 slayings of his girlfriend, Susan
Insalaco, 36, and her two children, Anna Monzon, 16, and Gabriel Monzon,
12, in her mobile home near Marana.

Insalaco ordered Wallace to move out because of his alcohol abuse, but
instead of leaving he stayed and attacked her children and her one by one
as they returned home.

He beat them to death with a baseball bat and a pipe wrench and turned
himself in the following morning.

Wallaces defense argued that a history of family abuse and longtime drug
and alcohol abuse, including huffing glue and gasoline, severely impaired
his mental condition.

Wallace, an unemployed carpenter at the time of the murders, had been on
death row in the Arizona State Prison at Florence since May 1985.

(source: The Arizona Daily Star)






ALABAMA:

Experts question gun bill's impact


A bill moving through the Alabama Senate to expand the death penalty to
murders committed with federally banned assault weapons would do little or
nothing, authorities say, because those guns are not illegal anymore.

Sen. Rodger Smitherman, D-Birmingham, won a 9-2 vote Wednesday from the
Senate Judiciary Committee for his proposed rewrite of the state death
penalty statute. Smitherman said his bill was inspired by discussions with
Birmingham police, who lost 3 officers to shots from an SKS rifle last
summer.

But the SKS is legal, as are most of the guns listed on Smitherman's
original bill.

He rewrote it to allow the death penalty for murders committed with
weapons that are federally banned. Smitherman said he believed this change
would cover murders with fully automatic weapons.

But the ATF says he's mistaken.

"There are no federally banned guns, either," said Carl Bengtson,
supervisory special agent with the Bureau of Alcohol Tobacco Firearms and
Explosives. "They need to do some more tweaking."

A federal law that had banned assault weapons was allowed to expire last
year. Owners of automatic weapons, sometimes called machine guns, face
specific tax and registration laws. But as long as a buyer pays $200,
fills out a registration application and passes a background check, he or
she can legally own an automatic, Bengtson said.

Few such guns are used in homicides, though.

"We haven't had a real big problem with machine guns being used since the
gangster era," Bengston said, referring to the 1920s gangster, not the
1990s gangsta'.

Few actually used:

A Florida State University study of guns used in crimes found that less
than 1 % of murders, even in high-crime areas such as Miami and Chicago,
were committed with fully automatic weapons.

Smitherman said his interest in the issue stems from conversations with
police. Although the triple slaying occurred with a legal weapon, and
killing a police officer already is a death-penalty crime, he and officers
wanted to toughen the death penalty laws beyond that occurrence.

"Once I started discussing it with them, they were excited that something
was being done about those automatic weapons, especially the illegal
ones," said Smitherman. "There were no discussions about what's banned and
what's not. That didn't come into play. The conversations I had with them
wasn't that sophisticated."

His original bill named numerous semi-automatic, military-style rifles,
most of which are cheap, flashy guns commonly known as "assault weapons."
A 1994 federal law banned assault weapons. But it was allowed to sunset
last year. The Bush Administration did not renew the ban, legalizing guns
such as AK-47s and AR-15s.

Compromise:

The substitute bill - the current version - was the result of a
compromise. Smitherman, who is a lawyer, said he was satisfied with the
original bill, which named weapons that are legal and don't have to be
registered.

"In my move to get it passed, it was a compromise with the NRA and other
members of the Legislature ... concerned about the limitations placed on
their ability to use a weapon," he said. He said he believes the current
version will cover crimes with certain guns, such as guns that are illegal
to import or semiautomatics that have been altered to be fully automatic.

Bryan Stevenson, executive director of the Montgomery-based Equal Justice
Initiative, a nonprofit law firm that represents poor people on death row,
says Alabama does not need a broader death penalty law; it already
sentences more people per capita to death than any other state.

Alabama prosecutors can seek the death penalty for someone convicted of
intentional murder with any one of 18 aggravating factors, such as murder
of a police officer or a child under 14.

"There are nearly 300 people awaiting capital trials," Stevenson said.
"Judges can't find lawyers to assign to these cases; the cost of these
cases is creating a fiscal crisis and expanding the statute will do
absolutely nothing to improve public safety. This is the kind of
ill-advised crime policy-making that has created many of the problems the
state is struggling to recover from."

(source: Birmingham News)

******************************

Victim wanted death penalty in Rudolph case


It sounds like a page-turning fiction novel. A nurse walks into work one
day and wakes up two weeks later the victim of a fatal bombing.

But its reality to Alabama nurse Emily Lyons, a survivor of the 1998
abortion clinic bombing that killed police officer Robert "Sande"
Sanderson.

And as Eric Robert Rudolph agreed to plea guilty on Friday to that bombing
and to another in Atlanta, another chapter in Lyon's life came to a close.
"We'll be living with this forever," said Lyons' husband, Jeff Lyons, who
is writing a book about his wifes experience. "But this is a huge
chapter," he said.

Lyons hopes to have his book, "Life's a Blast," published in the next
three or four months. The book is not a pro-choice or pro-life book, but
tells the story of Emily Lyons surviving a tragedy.

Things are finally settled in the case, he said, although it was not the
legal outcome he and his wife had wanted.

The 1998 bombing destroyed one of Emily Lyons' eyes and left the other
damaged. The bomb's shrapnel, nails, are still in her skin and she was
recently scheduled for her 20th operation, Jeff Lyons said.

The couple had hoped for the death penalty, but they were approached
several weeks ago and asked if they would instead approve of four life
sentences. The trade-off would be information on where Rudolph had hidden
250 pounds of dynamite.

"We gave up the sentence we wanted so people in Murphy would be safe,"
Jeff Lyons said. "It's ironic that we're helping the people who once
admitted they would help Rudolph hide."

Emily Lyons told CNN on Friday afternoon that "for me, 4 life sentences in
prison is not punishment enough."

"We wanted the punishment to fit the crime," Jeff Lyons said. "This
deserved a cut above the normal sentence. He meticulously planned the
bombing. He sat across the street and set it off by remote control. It
wasn't one person he was mad at. It wasnt done in the heat of passion."

It wasn't the legal outcome they had hoped for, but the Lyonses agreed the
plea agreement was the right thing to do.

They had known there was dynamite hidden in Murphy for a week, and they
knew it had to be found before someone was hurt.

Maybe Rudolph got what he wanted in the end, Jeff Lyons said.

"He got to tell the government what sentence he wanted, so maybe he did
win in the end," he said. "But he's going to die in prison. And its kind
of hard to see that as a win."

It definitely makes for an interesting ending in their book, he admits.

(source: Citizen-Times)


Reply via email to