May 11 TEXAS: A prosecutor in Texas----Death knell for DP? Don't bet on it As a prosecutor in Texas I personally do not oppose Life without parole for Capital defendants as the option to Death. Based on my experience I do not believe it will reduce the DP's given because the DP's given are given for cases well deserving of the DP. I have never argued nor do I know anyone who has argued to a jury to give death because there is not assurance the defendant would not be paroled after 40 years. That would be reversable error, as well as a stupid argument. You anti's always spout miss truths because you have never taken the time to attend a Capital DP trial. I don't know what they do in other states and really don't care because it is not "my day to watch them". I welcome the option of DP or life without parole and if it reduces the DP penalty rate so be it, but my experience says that a case with facts that are deserving of a jury giving death will still result in death. Oh, you probably don't know that the biggest obstacle to the DP are prosecutors. Additionally, in the county where I work we only seek death in about 20% of the cases that are filed as Capital murder. (source: NewsForum) ******************************** Prosecutors want to retry truck driver on all counts They tell judge they will appeal a ruling on seeking the death penalty in smuggling case Prosecutors seeking a 2nd crack at the death penalty for a truck driver convicted in the deadliest case of immigrant deaths in memory intend to ask an appeals court to allow them 20 chances instead of one. U.S. District Judge Vanessa Gilmore, who is allowing retrial on only one of 20 death penalty counts, wrote last week that prosecutors have informally notified her that they intend to appeal her decision that guilty verdicts by a jury in March excluded retrial on 19 counts. She set the appeal deadline for May 23. Tyrone Williams, a Jamaican legally living in Schenectady, N.Y., when he was arrested, was tried on 58 counts, 20 carrying the death penalty, for his role in the deaths of 19 undocumented immigrants. The jury deadlocked on 20 counts, one carrying the death penalty, and Gilmore told prosecutors they could retry Williams only on those counts. Prosecutors, who were considering dropping all but the death penalty count, now say they want to retry Williams on all 58 counts. The 19 dead were among more than 74 crowded into his refrigeration trailer in Harlingen on May 13, 2004, for a ride through the U.S. Border Patrol's Sarita checkpoint about 50 miles north. The immigrants endured sweltering temperatures and dwindling oxygen for about four hours as people around them died. Some punched out the tail lights to get air and threw clothing out through the holes in a vain attempt to get help. Victoria County sheriff's deputies discovered 17 bodies in and around Williams' abandoned trailer at a Victoria truck stop the next day. Two more immigrants died at a hospital. Charles Baird, former Texas Criminal Court of Appeals judge and visiting professor at South Texas College of Law, said the government's intention to appeal did not surprise him. "I thought that from the beginning that they were taking an especially aggressive attack in this case," Baird said. Before the trial started, prosecutors twice successfully asked the 5th U.S. Circuit Court of Appeals to overturn rulings by Gilmore, worsening already existing tension between the judge and prosecutors. Baird said prosecutors probably would have less success with this appeal. "I would expect the 5th Circuit to side with Judge Gilmore," he said. David Crump, professor at the University of Houston Law Center, was more sympathetic to prosecutors. "It's not unusual for the prosecution to appeal an issue of law in a serious criminal case," Crump said. "It seems to me that is a pure question of law that can be answered by the court of appeals." Crump was less supportive of Gilmore, saying, "It is consistent with her tendency in this case to decide the death penalty should not apply to Williams." (source: Houston Chronicle) VIRGINIA: Va. Will Send Snipers To Md. for Prosecution John Allen Muhammad and Lee Boyd Malvo will be transferred to Montgomery County to face prosecution in the place where the most people were killed during the sniper attacks that terrorized the region in 2002, the governors of Virginia and Maryland said yesterday. The decision was made by Virginia Gov. Mark R. Warner (D) after the Hanover County prosecutor decided not to proceed with charges against the pair, ending the state's sniper cases. Muhammad and Malvo were convicted in Virginia for their roles in the attacks, with Muhammad sentenced to death and Malvo to life in prison without parole. Warner consulted with authorities in Maryland, the District, Louisiana and Alabama -- all places where sniper-related killings occurred -- before agreeing to make the transfer. "I think the extent of the carnage they committed in Maryland made it seem obvious that Maryland would be the place where there was the most interest, from the community and the families of the victims, to seek justice there," Warner said last night. The governor's decision refocuses the case on Montgomery County, which is where the Washington area killings began and ended. 6 of the 10 area slayings took place there. "The entire community was traumatized and paralyzed during that period, and we have an obligation to try them," said Montgomery County State's Attorney Douglas F. Gansler. "There are six families that have never had their day in court. This is where the crimes occurred, and this is where they should be tried." Many of the victims' families had mixed feelings about the prospect of facing another trial, but some said it was for the best. "Kids were in lockdown . . . and people were afraid to get gas," said Vickie Snider, sister of victim James A. "Sonny" Buchanan. "And I think it really and truly affected the residents of Montgomery County." As part of the agreement, Virginia officials obtained a promise from Maryland to make Muhammad and Malvo available for any further proceedings in Virginia. Once their trials are completed in Maryland, the two will be returned to Virginia, where the governor can decide again whether to let another state try them or to let them serve their sentences. Muhammad, 44, has been sentenced to death in Virginia for a sniper killing in Prince William County. The Virginia Supreme Court last month upheld the sentence, but his appeals continue, and Prince William Commonwealth's Attorney Paul B. Ebert objected to Warner's decision. "If, by some reason, this thing gets reversed, it will be some time before we get them back for a new trial," Ebert said. "It gives them the opportunity to delay the Virginia proceedings." Warner said that he respected Ebert's opinion but that his staff felt confident that Muhammad's conviction would stand after its confirmation by the state Supreme Court. Malvo, 20, was 17 at the time of the slayings and is not eligible for the death penalty because of a U.S. Supreme Court ruling in March barring the execution of juveniles. He was found guilty of one sniper killing in Fairfax County and sentenced to life in prison. He then pleaded guilty to a 2nd killing in Spotsylvania County and withdrew his appeals. Malvo's attorney, Craig S. Cooley, said he didn't understand the decision to prosecute someone who already has a life sentence and is not appealing. He noted that Malvo has no incentive to plead guilty or cooperate, "and these cases are very expensive." Muhammad's attorneys also criticized Warner's decision as a waste of time and money. "No one said the system is efficient," said Peter D. Greenspun, "which is being amply demonstrated by the governor and Mr. Gansler, who is willing to spend millions of Maryland taxpayer dollars to obtain no different result than what's already been obtained." Gansler said that he did not know how much the trial would cost, but that the value to the community was worth the money and effort. The sniper shootings began in the Washington region on Oct. 2, 2002, when James D. Martin was killed outside a Shoppers Food Warehouse in Wheaton. Five people were slain the next day -- 4 in Montgomery County and one in the District -- in a series of 13 shootings that ended only when Muhammad and Malvo were arrested at a rest stop in Frederick County on Oct. 24. Ballistics tests showed that additional sniper slayings had occurred in September 2002 in Baton Rouge, La., and Montgomery, Ala. Murder charges were filed in all 12 slayings. Then-U.S. Attorney General John D. Ashcroft decided to allow the Virginia jurisdictions to try their cases first, even though half of the killings happened in Montgomery County. Virginia has a history of obtaining more death penalty convictions and at the time allowed the death penalty for juveniles, unlike Maryland. Maryland officials were pleased yesterday to get their opportunity to try the snipers. "There's an absolute need for an insurance policy to try these defendants under a different set of facts, in the event that the Virginia case is overturned," Gansler said. He said he would seek the death penalty for Muhammad. In Maryland, the defense has an automatic right to request a change of venue for death penalty cases. Both Virginia cases were moved from the Washington region to find impartial juries. Muhammad is on Virginia's death row at Sussex I State Prison in Waverly. Malvo is being held at Red Onion State Prison in Pound. Authorities declined to say yesterday when they might be moved to Maryland's custody, citing security concerns. *************************** DNA Review in Va. to Include Executions----Audit Critical of State Lab Prompts Reevaluation of Death Row Cases Past and Present Virginia will for the first time review DNA evidence in cases involving inmates who have been executed and those on death row as part of a broad response to an audit critical of the state's crime laboratory, officials said yesterday. Although it marks the 1st time a state has volunteered to revisit the cases of executed felons on a large scale, the review, for now, stops short of actually testing or retesting DNA. Instead, experts will determine whether scientists who handled the evidence followed proper procedures. The capital cases will be among more than 160 reviewed for procedural questions. Ellen Qualls, spokeswoman for Gov. Mark R. Warner (D), said yesterday that the review will be restricted to cases with evidence that is particularly difficult to test because only a small amount of DNA was present at crime scenes. She said it was unclear how many and which death penalty cases would meet the criteria. "The lab will take a look at the case files for the 23 inmates currently on death row as well as cases that resulted in an execution . . . and look to see if there was low-level DNA used in those cases," Qualls said. If the review discovers problems, officials would then determine whether new tests should be conducted, she said. Richard Dieter, executive director of the District-based Death Penalty Information Center, said the review is "a good first step." He said states must police their own crime labs if they want jurors and the public to trust DNA evidence. "If we can't get to the bottom of this, there will always be doubt," Dieter said. "It will be harder to get convictions if the sense is the state only gets it right 75 % of the time. They've got to reestablish credibility, and I think to do that you have to face the difficult question of whether they may have made mistakes in the past." The critical audit, released Friday, focused on a single case in which a scientist reported flawed data. The report did not uncover any systemic problems at the lab, but the state, hoping to restore faith in one of the nation's most respected crime laboratories, agreed to revisit old cases and make other changes in laboratory policy. The audit involved the case of Earl Washington Jr., a former death row inmate who spent 17 years in prison before he was pardoned in 2000. In its review, the American Society of Crime Laboratory Directors concluded that a chief scientist failed to follow proper procedure when testing one piece of evidence in Washington's case and that his ultimate analysis of that evidence was wrong. The auditors also concluded that an internal review failed to flag the errors made by the scientist, Jeffrey Ban. In addition to the capital cases, Qualls said, the reexamination will include all cases Ban has analyzed since 1999 as well as three cases from each of the lab's 40 examiners. "It is the governor's hope that this clears up the perception that there is a widespread problem," she said. But Betty Layne DesPortes, a criminal defense attorney from Richmond who chairs a panel for the American Academy of Forensic Sciences, called on the state to reveal more details about the review, including who would be checking the work of examiners. "A lot of this is not clear as to what's going to be done internally and what's going to be done externally," she said. DesPortes raised the possibility that Ban's error stemmed from a lack of training or improper training and said if that is the case, it might make the credibility of similarly trained colleagues suspect. It is not clear whether the review will include some of Virginia's most controversial capital cases, such as that of Roger Keith Coleman, who was executed in 1992. Coleman, a coal miner from Southwest Virginia who was convicted of the rape and murder of his sister-in-law, Wanda McCoy, claimed he was innocent. Early DNA testing was inconclusive but suggested he was the killer. Also yesterday, Seth A. Tucker, an attorney for Derek R. Barnabei, who was executed in 2000, sent a letter to Warner asking that Barnabei's case be part of the review. The state said DNA evidence confirmed Barnabei's guilt in the 1993 rape and murder of his girlfriend, but his attorneys said the evidence might have been tainted. (source for both: Washington Post) CALIFORNIA: Months of sniping in 60-slayer trial decried -- Bickering, eye-rolling and muttering shall not be tolerated. Nor shall sarcasm, smirking or indignity. Such was the order of a Pomona judge who said on Tuesday that he is fed up with the behavior of attorneys on both sides of the death penalty case of accused serial killer Ivan Hill. Judge Philip Gutierrez warned the lawyers he will slap them with sanctions or hold them in contempt if they continue to disrespect each other or the court. "This behavior is going to stop today,' Gutierrez told the lawyers. Gutierrez's proclamation came at the outset of a pretrial hearing for Hill in Pomona Superior Court. Hill, 44, is accused of being the so-called 60-slayer, who allegedly strangled 6 women in 1993 and 1994 in cities along the Pomona (60) Freeway. Attorneys have butted heads in the case for months, going back at least as far as Hill's preliminary hearing in August. Court appearances have been marred by sniping, character assassination and reciprocal accusations of unethical behavior that, at times, have ground the hearings almost to a halt. Relations between the attorneys deteriorated so much that defense attorneys asked the judge to cite the prosecutor formally for misconduct. Gutierrez denied that request on Tuesday, but made clear he expects both sides to behave. He sternly lectured the attorneys before handing them a written order outlining a list of expressly forbidden behavior. Among the demands, attorneys may not interrupt each other, raise their voices or engage in "long-winded, redundant, bombastic argument.' Derogatory personal references or disparaging personal remarks are also out. Deputy Public Defender Mitch Bruckner apologized to the judge. Hill's other attorney, Deputy Public Defender Jennifer Friedman, said afterward that her side is happy to comply with the judge's order, adding that she hoped prosecutors would be as well. Deputy District Attorney John Monaghan declined to comment on the order after the hearing. Gutierrez on Tuesday also delayed the start of Hill's trial. It was expected to begin in August, but the judge bumped it to mid- January at the request of defense attorneys who said they needed more time to prepare. Hill is charged with murdering Roxanne Bates of Montclair; Betty Sue Harris of Pomona; Helen Ruth Hill of West Covina; Donna Goldsmith of Pomona; Cheryl Sayers of Ontario; and Debra Brown of Los Angeles. The bodies were found in Diamond Bar, Industry, Pomona, Ontario and Chino. (source: San Gabriel Valley Tribune) DELAWARE----stay of impending excecution Capano's Execution Date Delayed There is another delay for the execution of Thomas Capano. Superior Court Judge Henley Graves today stayed the June 7th execution date he set nearly two months ago. The stay will allow Capano's appeal to the Delaware Supreme Court to be considered. Capano was sentenced to death for the murder of Anne Marie Fahey in 1996. Prosecutors said Capano killed Fahey, the scheduling secretary for then-governor Tom Carper, because she was breaking off an affair with him. The Delaware Supreme Court is still also considering a motion by Capano's attorney, Joseph Bernstein, to appoint a lawyer to represent Capano at state expense. Bernstein says Capano is broke, having spent his millions defending himself in the case. (source: Associated Press)
