June 26 WYOMING: Harlow wants records released in his death-sentence case A man on death row for the murder of a prison guard wants a federal court to force the state to turn over records about inmates who testified against him. The records may show that his conviction and death sentence were unconstitutional, attorneys for James Harlow wrote in a motion last week. Harlow was convicted in 1998 for stabbing to death Cpl. Wayne Martinez, a corrections officer at the Wyoming State Penitentiary, during an escape attempt with 2 other inmates. The Wyoming Supreme Court earlier this year set an execution date of March 31. Harlow then appealed to federal court and U.S. District Judge Clarence Brimmer stayed his execution so the appeals process could go ahead. The state, through the Attorney General's Office, hadn't responded to the motion as of Friday. Harlow claimed during his trial that while the 2 other inmates, Richard Aaron Dowdell and Bryan Collins, intended to kill a guard during the escape, he didn't. But while Harlow got a death sentence, Dowdell and Collins were sentenced to life in prison. Harlow's attorneys unsuccessfully presented evidence that a previous life sentence in the case likewise warranted a life sentence for Harlow. But prosecutors successfully argued that Harlow should be sentenced to death because he presented a future threat to society. Harlow now wants the state to produce records about inmates who testified against him. One inmate later said his release from prison was a result of an agreement with the prosecution to testify against Harlow, according to the motion of discovery. Harlow is seeking from the Rawlins Police Department, Carbon County Sheriff's Office and the prison documents, depositions and physical evidence about Martinez' murder. His attorneys claim that those agencies refused to cooperate with his defense attorneys during the trial. The 1985 rape and murder of a cousin, Tammy Schoopman, in Rock Springs, put Harlow in prison in the first place. His attorneys say that subsequent investigations raise questions about that conviction, and Harlow is also seeking evidence from that crime. Among the evidence is body fluids that could be submitted for DNA testing. Additionally, Harlow wants the state to provide information about allegedly unsafe, inhumane and hazardous conditions at the prison at the time. "Throughout the attempted escape, Dowdell and Collins attempted to goad the law enforcement officers into shooting them because they were tired of being treated like animals," the motion said. The motion also called for information about prison policies, disciplinary incidents, psychiatric medicines given to inmates, guards using excessive force and other information. In addition, Harlow wants the federal court to review the Wyoming Supreme Court decision upholding his death sentence. The high court ruled that the shackles Harlow wore during the trial probably didn't prejudice the jury. (source: Associated Press) FLORIDA: Murder suspect surrenders A suspect in a fatal nightclub stabbing turned himself in early Saturday, police said. Michael John Pyne, 39, was charged with 1st-degree murder, battery and assault for the death of Thomas Laskas, 29, and for allegedly stabbing three others with a folding pocketknife. Laskas' wife, Wendy, remained in fair condition Saturday at Tampa General Hospital. The other two victims were not seriously injured. Detectives said Pyne told them he had a knife at the club but does not remember what happened after he saw his girlfriend in a fight late Thursday. Police said the confrontation began between two women in the mosh pit at The Masquerade nightclub. Pyne was being held without bond Saturday. ******************** Questions raised about use of confession in Homosassa killing Deputies said John Couey confessed to killing 9-year-old Jessica Lunsford, but legal experts wonder whether a jury will be allowed to hear his admission of kidnapping and murder. Experts said Couey's statements may not hold up in court because Couey asked for an attorney and did not get one.The issue is one of several that were revealed this week as prosecutors released transcripts of Couey's interviews with investigators. Jessica was found March 19, buried with her stuffed dolphin behind the mobile home across the street from her house. She had been kidnapped from her bedroom 3 weeks earlier. The day before her body was found, Couey had told investigators where to look. "The potential for this issue to be explosive and determinative is clearly present," J. Larry Hart told the St. Petersburg Times. Hart is a criminal defense attorney and former prosecutor in New Port Richey. "It's very problematic for the prosecution," he said. The transcripts also ignited questions about how long Jessica was kept alive after being abducted from her bedroom, and why prosecutors did not file charges against Couey's housemates. Prosecutors and Citrus County Sheriff said they are confident they have a strong case. They said they will seek the death penalty against the 46-year-old Couey, who is being held at the Citrus County jail on a 1st-degree murder charge. "I do not want the citizens of Citrus County to be concerned about whether he'll be convicted," Sheriff Jeff Dawsy said. "This case is rock solid." Couey shared the mobile home with his half-sister, Dorothy Marie Dixon, 47; her daughter, Madie Catherine Secord, 27; her daughter's husband, Gene Allan Secord, 35; and Dixon's boyfriend, Matthew Oley Dittrich, 31. An infant and a teenage girl also lived there. Chief Assistant State Attorney Ric Ridgway said there is no evidence the housemates knew that Lunsford was in the mobile home or that Couey killed her. "What's missing thus far is that they knew she was there," Ridgway said. "They have to know that (Couey) did it." (source for both: Associated Press)
