May 26 OHIO: Ohio Supreme Court sets Spirko execution for Sept. 20 John G. Spirko is scheduled to die by lethal injection on Sept. 20 for the 1982 kidnapping and stabbing of 48-year-old Betty Jane Mottinger, postmaster in the small Van Wert County town of Elgin. The Ohio Supreme Court yesterday set the execution date even as a federal judge has opened the door for Spirkos attorneys to investigate whether the prosecution has covered up knowledge it knew its theory that Spirko conspired to commit the crime with former cellmate Delaney Gibson was wrong. "Were pursuing evidence that indicates the state has been lying to the court about the theory of the case it presented at trial," said Spirkos Washington attorney, Alvin Dunn. "We have statements from [former postal inspector] Paul Hartman that Delaney Gibson didnt do it and was not involved, and that he made that clear to prosecutors. But they went ahead and put on a case at trial to the effect that John Spirko and Gibson did the crime together." According to documents filed in U.S. District Court in Northern Ohio, Mr. Hartman allegedly made that comment and suggested he knew of other possible suspects in separate conversations with Connie Mottinger, the 2nd wife of the victims husband. Earlier this month, U.S. District Judge James G. Carr authorized issuance of subpoenas and the taking of new depositions in the case, despite the fact that the U.S. Supreme Court refused to hear an appeal in the case in March. Those depositions were under way yesterday. On the day the U.S. 6th Circuit Court of Appeals voted 2-1 to uphold Spirkos conviction and death sentence in December, the prosecution dismissed its 22-year-old murder indictment against Gibson. Photo evidence suggested that Gibson, who had been paroled in Kentucky on a separate murder conviction, was in North Carolina the day before and after the crime and had a full beard, unlike eyewitness testimony that placed a clean-shaven Gibson outside the post office that day. "Spirko said before the trial and testified under oath that Delaney Gibson committed the murder himself, and thats where he learned all the intimate details of the murder that he knew of," said Senior Deputy Attorney General Tim Prichard. "Contrary to whats been alleged, these were details that had not been reported in the newspaper, and he revealed those to several different investigators, not just a single investigator," he said. Spirko, 49, was living in Swanton with his sister at the time of his arrest. He is Van Wert Countys sole death-row resident. "I'm not the voice of the community," said Stephen Keister, who was county prosecutor at the time. "I prosecuted back then because it was a grievous crime, and it fit the standards for death-penalty cases." Spirko would be the 17th person executed in Ohio since the state resumed carrying out the death penalty in 1999. "If the state of Ohio executes him, theyll be executing an innocent person," said Tracy Spirko, the inmates wife since February. "I'm sure hes not the first one. If we keep executing people with issues of innocence, shame on us." (source: Toledo Blade) *********************** Court upholds death penalty The Ohio Supreme Court on Wednesday upheld the death sentence for a man convicted in the torture-murder of 2 women in a drug-related robbery. The court ruled unanimously in favor of the conviction and execution of Jonathan Monroe for the slayings of Travinna Simmons and Deccarla Quincy in Columbus in April 1996. Monroe, 31, was convicted in 2001 after police reopened the unsolved case and acted on a tip that Monroe had planned a drug deal with the victims the day they died, according to Wednesday's court ruling. Justice Evelyn Lundberg Stratton says the aggravating circumstances of the double murder outweighed evidence that Monroe presented in his favor, including a troubled childhood. The court also rejected Monroe's arguments that he didn't get a fair trial because gruesome photographs were shown to the jury. Lundberg Stratton said the judge noted Monroe's objections and, during the sentencing phase of the trial, removed 3 of the most objectionable photos. The court also rejected arguments that prosecutors didn't show enough evidence against Monroe to prove their case. The court said prosecutors proved that Monroe and a co-defendant met the women at a bar and went to their apartment. They also proved that Monroe told people he admitted to the shootings, and proved that the DNA from blood recovered at the apartment was consistent with Monroe's DNA, the court said. (source: Associated Press) MISSOURI: MISSOURI'S DEATH PENALTY: Shackling justice The Missouri Supreme Court has done a good job in recent years policing the excesses of the death penalty. Most notably, it led the nation in ruling that the execution of juvenile murderers under 18 was unconstitutional. But it hasn't been perfect, and the U.S. Supreme Court had to correct one of its mistakes this week. The high court set aside the death sentence of a south St. Louis County man who was shackled during his trial with leg irons, handcuffs and a belly chain. The court ruled that it was unconstitutional to visibly shackle a defendant during the "penalty phase" of a capital murder case - when the penalty is set - unless prosecutors demonstrate that the restraints are "essential" to security. It has been unconstitutional to visibly shackle a defendant during the "guilt phase" of a murder trial, which is prior to the penalty phase, absent a strong showing of danger. For centuries, shackles have been thought to prejudice a jury, violating the defendant's due process of law. Carman Deck now is likely to receive a new sentencing trial in the execution-style murder of James and Zelma Long of De Soto. The elderly couple were robbed in their home and murdered. U.S. Supreme Court Justice Stephen Breyer said that the message of dangerousness sent by the shackles is just as relevant to the death penalty phase of a murder case as the guilt phase. Dangerousness to the community is often an aggravating factor that triggers the death penalty. The Missouri Supreme Court had rejected Deck's appeal based on its conclusion that the jury didn't know about the shackles. But the U.S. Supreme Court noted that the defense lawyer and judge had discussed the shackles in front of the jury. Ironically, the state decision was written by Judge Ronnie White who was denied a federal judgeship for supposedly being soft on the death penalty. This is the second time in a month that the U.S. Supreme Court has questioned the administration of the death penalty in Missouri. Earlier, four justices said they would have stopped the execution of Vernon Brown because of questions about the constitutionality of Missouri's lethal injection process. The recent U.S. Supreme Court actions should encourage the Missouri Supreme Court to vigilantly monitor the way the way the state carries out the most final of penalties. (source: St. Louis Post-Dispatch) NEVADA: Man who wants to be sentenced to death to stand trial A 41-year-old man who allegedly confessed to killing a transient in 1998 because he wanted to be sentenced to death will stand trial even though in a recent letter to the district attorney's office he said, "I could plead guilty and save you guys the effort of proving all those charges in court." Robert Davis is charged with murder with a deadly weapon for the 1998 shooting of transient Billy Ray Owens. Owens was shot as he slept near the railroad tracks in North Las Vegas. In his letter to Clark County District Attorney David Roger, Davis wrote that he wants to plead guilty because "I'm just trying to get back to prison, to my cell because it's quiet and it's peaceful down there, and I don't have to deal with my headaches." "I read under the Sixth Amendment of the Constitution I can waive counsel and there wouldn't even be any appeals to the sentencing plea conviction," Davis wrote. Davis also wrote that he went to the law library at the Clark County Detention Center and explored his legal rights under Nevada Revised Statutes. Davis cites NRS 175.552, which states "If the finding is made upon a plea of guilty or a trial without a jury and the death penalty is sought, the separate penalty hearing must be conducted before a jury impaneled for that purpose, as soon as practicable." Authorities have said Davis previously said he wanted to get the death penalty and believed it would take 5 brutal murders, but he ran out of money and bullets before he could complete his quest. He also allegedly wrote District Judge Joseph Bonaventure a letter saying he wanted to plead guilty to murder and be sentenced to death. What effect Davis' letters have on his case are unclear, according to Deputy District Attorney David Stanton. "I'm not really sure what it (the letter) means in the scheme of the issues before the court," Stanton said. Although the letter was addressed to Roger, the district attorney said he had not read it as of Wednesday afternoon. Stanton said Bonaventure would ultimately decide if the letters would indicate whether or not Davis wishes to withdraw his not-guilty plea and head to trial. Assistant Special Public Defender Randy Pike said one thing is for sure, "I've never had a client who wrote more to the district attorney than to me." Pike said the letters were just another manifestation of Davis' mental health problems. "He's somebody that is schizophrenic, hears voices and basically surrendered himself over to begin with and has obvious remorse, which manifests itself in many ways," Pike said. The special public defender said the biggest question will be "is he (Davis) competent to enter a plea when the time presents itself?" Pike said the letter truly shows this is a man who is "most concerned about getting treatment." Pike said Davis is scheduled for an evaluation by a neurologist, and based on those findings it will be determined if a competency hearing needs to be held before Bonaventure. The judge would then determine if Davis can stand trial or should be sent to Lake's Crossing, the state's mental facility in Sparks Davis' case had been on hold since March 23 when Pike filed a motion to the Nevada Supreme Court challenging the district attorney's office's death penalty review committee decision to seek the death penalty against Davis without reviewing his mental health records. The state's high court denied the motion, allowing Bonaventure to set an Aug. 15 trial date for Davis. The judge also set a hearing date for Pike's motion to suppress all of Davis' statements to the police and his mental health counselor. Davis was serving eight to 10 years in a New York state prison when he allegedly confessed to a prison mental health counselor that he had shot a homeless person in Las Vegas. Police said Davis recounted his crimes in a detailed confession, stating that he also shot a homeless man in New York and was planning to target another in Washington, D.C. Pike said he would be traveling to New York to conduct interviews with those to whom Davis made statements and notify both Bonaventure and Stanton so a hearing on whether or not Davis' statements should be suppressed could be scheduled. Pike said Davis has 'been suffering from mental illness, schizophrenia, his entire life.' He said he expects competency hearings will be held and that Bonaventure will hear testimony from doctors. (source: Las Vegas Sun) ALABAMA: Judge takes man off death row A Baldwin County judge pulled a 36-year-old convicted murderer off death row Wednesday when prosecutors withdrew their push for capital punishment because of complex legal issues that arose after the man was sentenced. John Earl "Buckshot" Morrow's death sentence was reduced to life in prison without the possibility of parole after the Alabama Court of Criminal Appeals ordered the judge to reconsider his sentence. Baldwin County Circuit Court Judge Robert E. Wilters had sentenced Morrow to death when he overruled a jury's April 2002 recommendation that Morrow be spared execution. On Wednesday, Wilters upheld the jury's recommendation. Defense attorneys also argued during trial that Morrow was mentally retarded. Just two months after Wilters' sentence, the United States Supreme Court addressed both the judge-sentencing and mental-retardation issues. In separate opinions, the high court found executing mentally retarded defendants unconstitutional and said that a jury -- instead of the judge -- should decide the factors for the death penalty. Baldwin County Chief Assistant District Attorney Judy Newcomb said prosecutors were comfortable withdrawing their request for capital punishment because of the jury's recommendation. "To go back and cure those legal issues is difficult, if not impossible, to do," Newcomb said after the hearing. "We don't want to have a case on such an important topic go forward and have some bad case law develop that might be harmful, not only to this case but also future cases." Prosecutors accused Morrow, of Atmore, planned a 5-person conspiracy to kidnap Thomas F. Philyaw, murder him and steal about $1,000 he had cashed from a Christmas savings account. Philyaw's charred body was found in his burned-out pickup truck in a wooded area near Perdido in November 2000. In asking Wilters to reconsider the sentencing, the state appellate court highlighted testimony in Morrow's trial that stated the defendant was mentally retarded. "Testimony indicated that Morrow may have suffered limitations in ... his ability to engage in abstract thinking and to understand the consequences of his actions," part of the court's 32-page August decision stated. Defense attorney Spencer Davis called Morrow's original trial "clean" and did not know whether further appeals would be filed. "I'm not sure what other issues would survive after this," Davis said Wednesday. Bryan Stevenson, the director of the Equal Justice Initiative of Alabama, said the state needs to amend its laws on imposing the death penalty. Alabama is the only state that does not demand a judge offer an explanation when overriding a jury's recommendation for a lesser sentence, he said. (source: The Mobile Register)
