June 29 TEXAS: Defense presents case in Mendoza punishment phase The defense team for Moises Sandoval Mendoza opened its case in the punishment phase of his murder trial Monday. Testimonies came from his parents and siblings as well as the friend to whom Mendoza confessed after the burned body of Rachelle O'Neil Tolleson was found. Mendoza's attorneys, Juan Sanchez and Angela Ivory, interviewed several witnesses in the 401st District Court. The witnesses portrayed Mendoza as a regular kid who became depressed when a work-related accident left his father, Jos, without a way to provide for his family. They also claimed Mendoza's attitude changed when he started hanging out with other kids who were "bad influences," including a girlfriend and a cousin who molested Mendoza. In his opening statement, Sanchez said he wants to show the jury "a whole life," and that the jury will have to decide whether that life has any redeeming value. He also said he would show many reasons not to sign away Mendoza's life with a death penalty by offering "explanations," not "excuses," for his actions. Stacey Garcia, the friend to whom Mendoza confessed the murder, took the stand as the first witness. She said Mendoza confessed in her car before she took him to confession at St. William's Catholic Church in Greenville. She said Mendoza was scared and shaking on the way to the church, but seemed more relaxed after confessing to his priest, Paul Leslie Weinberger. Garcia said she then told her parents and gave the information to police. First Assistant District Attorney Gregory Davis got Garcia to confirm under cross-examination that Mendoza gave no indication prior to the discovery of Tolleson's body in an eastern Collin County creek bed that he was responsible for her death. Garcia also confirmed that Mendoza accused her of calling the police and of giving her a look that scared her when he heard sirens after he had gone into the confessional. Garcia said Mendoza got upset because he knew he might be arrested. Weinberger appeared on the defense's behalf. He said Mendoza appeared "very distressed" before and after offering confession. He said he has visited with Mendoza as many as 12 times since Mendoza's incarceration in March 2004. He said he regretted not having seen him more often. Weinberger said under cross-examination that Mendoza has two caring and loving parents who are devout and reverent members of his church. He also admitted he knows little about Mendoza's actions in jail, which the prosecution hinted includes disciplinary problems and his being nicknamed "the clown." Maria Mendoza, Moises's 57-year-old mother, said she got married in Mexico and moved to the United States in 1970. Their first son, Mario, was born in Mexico. Mario was left behind as his parents attempted to become legal citizens. After they moved into the U.S., the Mendozas had four more children named Paul, Elizabeth, Moises and Ruthie, who with the exception of Elizabeth, also testified on their brother's behalf. Maria characterized her teenage son at first as an above-average student who won awards for running track and participated in his church community. Ruthie, Moises' sister, who nicknamed her older brother "Moi," characterized their home life as a "typical, normal, close family." But they all said that when certain negative influences penetrated Moises' world, his attitude, behavior and outlook on life changed. Maria said her husband, Jos, suffered a serious accident at the Decker Foods Co. distribution center in Garland. The accident put him out of work and left his family without a steady source of income. Jos became depressed and even attempted suicide, once by ingesting ant poison and again by hanging himself. Moises became reckless and uncommunicative, Maria recalled as she sobbed on the witness stand. Jos said his doctor admitted him to a hospital for treatment of his depression. Maria also said she "became very concerned" when Moises's cousin, Jorge Martinez, moved into their house. Jos later testified through an interpreter that he saw Jorge in his underwear trying to embrace Moises, who was as young as 17 at the time, in an inappropriate manner. Mario said Jorge seemed normal, but patterns developed after his parents took him under their wing. He would drink and stay out late and lie and steal from Moises' parents. Mario said he also suspected Jorge was a homosexual and was worried it might affect his younger brother, who was caught playing with feminine clothes during a visit to his parents. Paul said his younger brother even talked about taking his own life because he said he felt he wasn't accomplishing as much as his older brothers and sister Elizabeth. "At times, he would say he wanted to take his life, and I told him he was crazy," Paul said. "There's nothing worth taking your life for." Maria said she noticed serious changes in her son when he started dating a girl identified in court only as Amy. Maria said she caught her sneaking into Moises' room several times. Mario, Moises' brother, said he thought Amy was "crazy" and said she would "toy with [Moises'] emotions." Paul said when she he looked at Amy, he saw a "very sad situation." Eventually, Mario said Maria had a restraining order filed against Amy. Amy also filed a restraining order against Moises only to come to the house one night to pick him up. During the state's cross-examination of Jos and Maria, both parents characterized Mendoza's childhood as happy. They said they even tried to get Mendoza into counseling and on medication when he started to change, only to have him abandon both before they could take effect. Davis asked about an incident involving Ruthie and Moises in which Moises allegedly attacked her while trying to get a set of car keys so he could meet Amy. Ruthie said on the stand that they tripped over a lawn sprinkler during the incident. But Davis said according to the report filed with the Famersville Police Department, Ruthie said Moises threw her down on the driveway and that she "tried to get away but he dragged me on the grass." She also confirmed for Davis that Moises once had his hands around her neck and tried to choke her. Maria said she had the charges dropped. Davis noted Jos did not mention any previous instances of sexual abuse against Mendoza in his testimony before the grand jury, according to a transcript Davis read in open court. Jos said he never talked specifically about Martinez because he was never asked. Davis also questioned Paul on an incident in which his wife called him at work because she found Moises and Amy in their home without their consent. Paul confirmed through Davis' questioning that they had taken money out of a porcelain piggy bank and $2,000 out of his safe without his permission. Paul also said he tried to talk Mendoza into turning himself in to authorities after he removed an ankle monitor he was ordered to wear following his bond release. (source: McKinney Courier-Gazette) **************************** Parnell indicted in capital murder A Pollok man was indicted Tuesday on a charge of capital murder in the highway shooting death of an 18-year-old Garrison woman, according to Angelina County District Attorney Clyde Herrington. Herrington paused on his way to conclude grand jury proceedings late Tuesday to confirm Eric Stephen Parnell, 31, had been indicted in the May 29 death of Ana Franklin. Parnell could face the death penalty or life in prison for allegedly shooting Franklin in the head with a shotgun as her cousin, Jennifer Holiday of Lufkin, looked on. The Lufkin Daily News was unable to contact Charlie Meyers, who has been appointed as assistant attorney to defend Parnell. With no court-appointed defense lawyers certified to lead a death penalty case in the county, the district court will have to go elsewhere to find one. Holliday earlier said Parnell shot at her sports utility vehicle around 3:30 a.m. on Highway 7, north of Lufkin, after she and her cousin unknowingly passed him at a convenience store minutes earlier. The 1st shot blew Holliday's elbow off, nearly severing her arm. A 2nd shot killed Franklin. Parnell then took Holliday captive, she said, raping her on an isolated country road before taking her to his nearby trailer home and torturing her with cigarette burns and an ice pick. She was rescued by sheriff's deputies after she managed to talk Parnell into letting her call for help, making him believe the 2 would get married, she said. Franklin's mother, Robin Franklin, late Tuesday said the indictment was a relief. "We've got mixed feelings," Robin said. She was angry that members of Parnell's family hadn't tried to contact her or Holliday since the shooting, she said. Holliday said she wasn't quite sure how she felt about the indictment. But she was sure she would be a good witness for the prosecution. "I remember everything so clearly," she said. Herrington has not said whether he will seek the death penalty against Parnell. Holliday has said she doesn't want Parnell to be put to death. Giving him the death penalty would be too easy and quick, she said. Other indictments issued Tuesday night by the Angelina County grand jury were not immediately available. (source: Lufkin Daily News) USA: Paris man helps inmates cope with prison life Through his job, a Paris man has met some of the most well known criminals in the country. Dr. William N. Elliott of Paris, licensed clinical psychologist, recently retired as the head of psychology services at the United States Penitentiary in Terre Haute, Ind. After 20 years of service, Elliott decided to retire. However, retirement didn;t last long because he accepted a similar position as the lead psychologist at the Rockville Correctional Facility in Rockville, Ind. Elliott said that his top priority on a daily basis while working for the penitentiary was to help inmates cope with the experiences of being incarcerated. The majority of the inmates, Elliott explained, were career criminals with multiple prior convictions and incarcerations. He also devoted a great deal of his time to crisis intervention, working to prevent inmates from committing suicide or inflicting self-mutilation. He explained that an inmate's goal during self-mutilation is to attract attention, get revenge or gain power and control. "The inmate reaches a peak level of anxiety and the self-mutilation distracts him," said Elliott. He added that some inmates become what he defined as chronic self-mutilators. Elliott came to Terre Haute in 1973 to pursue a Masters Degree in Criminology at Indiana State University. It was while he was at ISU that he met his wife, Sandy, a Paris High School English teacher. In 1985, Elliott earned a Doctor of Philosophy degree in counseling psychology from ISU. He joined the penitentiary in Terre Haute as a staff psychologist, and in 1992 he was named chief of psychology services. He also served as an adjunct assistant professor in the Criminology Department at ISU from 1980-2004, and he was a psychologist/psychotherapist for the Park Medical Group in Terre Haute from 1992-1994. In July, 1999, Elliott encountered an inmate who was responsible for the worst act of domestic terrorism in U.S. history. Oklahoma City bomber Timothy McVeigh arrived at the Federal Penitentiary in Terre Haute on that day. Elliott said McVeigh was one of 20 inmates who was brought to Terre Haute in a 24-hour period. The 20 inmates had each been sentenced to death under federal statutes, and the only federal death row in the United States is at the Terre Haute penitentiary. Elliott explained that federal rules for executions were finalized in 1993, and the basic guidelines were completed in 1995. Work immediately began to prepare the Terre Haute penitentiary for executions. Through a joint effort with United States Marshals, Elliott said that the 20 death row inmates were flown to Terre Haute. "It was all very hush, hush getting them there," said Elliott who added that "it was one of the most well planned and organized operations in federal law enforcement history." Once McVeigh's execution date was set for June 11, 2001, Elliott headed the team that was in charge of coordinating all aspects of the care of the victims families as well as the survivors of the bombing who all witnessed McVeigh being put to death. He said that those who witnessed the execution were selected by a lottery system in Oklahoma City. Elliott said that he worked with the victims' families and survivors from the minutes their plane landed at Hulman Field in Terre Haute until the minute they left which was approximately a 48-hour period of time. This group included individuals who represented the federal law enforcement officers who were killed in the Oklahoma City explosion. "It was all very quiet, very discrete. We worked to shelter and protect them from the media. Everything went off without a hitch. It was a highly successful event," said Elliott who also credited the work of Harley Lappin, warden of the U.S. Penitentiary in Terre Haute at the time of the McVeigh execution, who is now the Director of the U.S. Bureau of Prisons. Elliott's work surrounding the McVeigh execution also included devoting time to preparing the staff for the event. He explained that staff became acquainted and established relationships with the inmates, and many times the execution of an inmate becomes difficult on the staff. This was the case, Elliott said, for the 2 inmates whose executions were carried out after McVeigh's. 8 days after McVeigh's execution, Juan Raul Garza was put to death on June 19, 2001. He was sentenced to death in August, 1993, in Texas for the murders of 3 other drug traffickers. Elliott said there was a striking difference between the executions of McVeigh and Garza. Elliott described the media circus and national as well as international attention that surrounded the McVeigh execution. "Nobody came for the execution of Garza. Nobody really paid any attention," said Elliott. Later on March 18, 2003, Louis Jones was executed at the Terre Haute penitentiary. He was sentenced to death in November, 1995, also in Texas, for the kidnap/murder of a young female soldier. Elliot described McVeigh as a very private person who remained somewhat aloof during his encounters with him, unlike Garza and Jones. Both Garza and Jones were very well liked by the staff, Elliott said. He described the 3 men as having philosophical attitudes about death. "They worked months and years to come to terms with being put to death," said Elliott. Once an inmate was put to death, Elliott said his team conducted debriefing sessions for any member of the prison staff who had anything to do with the execution. Elliott added that no family member of McVeigh, Garza or Jones witnessed their executions which was at the request of each of the inmates. The inmates Elliott worked with ranged in age from 18 to 70. He said they were high level drug offenders, murderers and bank robbers. He said that there are no ways to determine the exact cause as to why they committed crimes or no set of factors that can predict if someone is going to enter a criminal life style. The majority of the inmates, he said, do cut off all ties with their families. First, geographically it is difficult for family members to travel to Terre Haute for visits, and secondly, the inmates rationale is that it's just too hard to do time if they have to worry about people on the outside, explained Elliott. Elliott said that the inmates are able to also cut off all of their emotions which enables them to commit crime after crime. The doctor finds this concept to be totally opposite with his new assignment as lead psychologist for the Rockville Correctional Facility which is a womens prison. He said the women prisoners are more willing to admit that they're having problems. They are willing, he said, to self-disclose and work on psychological issues rather than just problems in prison. Another big difference is that the women's prison is a medium security level. However, the inmates do range in age, similar to Terre Haute Penitentiary, from 18 to 70. He said many of the women inmates are serving prison sentences for anything from welfare fraud to forgery to murder. Many of the women are in prison as a result of their role in their husbands or boyfriends drug offenses. He said that almost all of the women prisoners have children and that they prefer to talk about their children rather than discuss the reasons of their incarceration. He added that the majority of women prisoners in Rockville have a history of substance abuse, and most have been physically and sexually abused. Looking back over his years with the United States Penitentiary in Terre Haute, Elliott shared a few memorable cases. He remembers one inmate, Tony, whom he worked with for 15 years in the Bureau of Prisons. The man suffered with a bipolar disorder and often tried to cut himself with razors. Elliott explained Tony prided himself in never being without a razor. Elliott was proud of the relationship that he developed with the inmate as the managed to defuse him on several occasions and eventually the number of times he harmed himself reduced considerably. Elliott also remained on-call for Tony as well as other inmates who might be experiencing a similar problem. Just hearing Elliott's rather soft and somewhat soothing voice over the phone defused a lot of problems for the inmates. Elliott also added that Tony was sent to another penitentiary for a 2-year period where he and a fellow prisoner murdered an inmate by bashing his skull with a fire extinguisher. Tony was only 2 to 3 years from being released from the prison system when the murder occurred. Later, Tony confessed his actions to Elliott who he knew would have to report the murder. He committed the murder because he said he had to prove to the other inmates that he was a real penitentiary convict and didn't want to lose face. He had criminal pride ... a convict mentality. Respect from fellow inmates is all that was important to him. said Elliott. "Once a year he would come to see me about problems his daughter was having. I would try to explain to him that he couldn't be a father just one day a year," said Elliott. It seemed, Elliott explained, that Joey thought by doing a good deed once a year, others wouldn't look at the bad things that he did. Also, through his years with the prison system, Elliott presented training sessions throughout the country on criminal thinking, dealing with inmates and inmates resistance to treatment for those employed with the prison system. Additionally, he wrote Game Over! Strategies for Redirecting Inmate Deception as a guide for prison staff to deal with inmate manipulation. He said the purpose of the book was to help protect staff from being compromised by inmates. Elliott is extremely proud of the award he received in 1998. He was named Psychology Services Staff Member of the Year, Federal Bureau of Prisons, which is voted on by the entire prison system. (source: Paris Beacon News) VIRGINIA----impending execution Death row inmate's lawyers request stay of execution Lawyers for a man scheduled to be put to death next month filed an application with the U.S. Supreme Court on Tuesday requesting a stay of execution. Robin Lovitt's attorneys said they also asked the high court on Tuesday for a review of a 4th U.S. Circuit Court of Appeals ruling that upheld Lovitt's death sentence. Lovitt, 41, is scheduled for execution July 11. He was convicted in 1999 of stabbing 45-year-old Clayton Dicks with a pair of scissors during a 1998 pool hall robbery in Arlington. His attorneys also were planning to file a petition for clemency from Gov. Mark R. Warner, though they were not immediately sure when that would happen, said one of Lovitt's lawyers, Steven Engel. An independent team of scientists concluded last week the state crime lab properly handled the DNA evidence in Lovitt's case. The scientists are examining more than 160 cases handled by the lab as part of a study ordered by Warner last month after an independent audit sharply criticized the crime lab's performance in a high-profile murder case. Engel said he had not yet seen the results of the team's review, so he was unable to comment. If Warner receives a clemency petition from Lovitt's lawyers, the governor likely will ask the review team again if they stand by their conclusion, Warner spokesman Kevin Hall said Tuesday. The Supreme Court of Virginia in 2000 found no error on the part of the trial court and affirmed Lovitt's conviction and death sentence. The following year, the U.S. Supreme Court refused to consider Lovitt's appeal. Former independent counsel Kenneth Starr represented Lovitt before the 4th Circuit in February, arguing that Lovitt was denied his due process rights because a court clerk destroyed much of the physical evidence in the case, making post-conviction DNA testing impossible. The appeals court in April rejected Starr's argument. On the Net: U.S. Supreme Court: http://www.supremecourtus.gov/ (source: Associated Press) TENNESSEE: High court decision cheered by murder victim's survivors The U.S. Supreme Court's decision Monday on the murder case in which the victim was a former Shelbyville Times-Gazette reporter and the Shelbyville police chief's niece raises many of the time-honored issues surrounding the death penalty. And the 2 men -- then law enforcement officers -- who brought prisoner Gregory S. Thompson back from Georgia didn't shrink from commenting. "I'm tickled to death that they say Tennessee can execute him," Tony Barrett said Monday night about Thompson, who's been on death row for 20 years. Thompson was convicted of kidnapping and stabbing 28-year-old Brenda Blanton Lane to death for her car so he and his young girlfriend could leave Shelbyville for Georgia. Barrett was chief deputy at the Bedford County Sheriff's Department in 1985. He and Larry Shavers, then a city police detective, returned Thompson from Marietta, Ga., to Tennessee for trial in Manchester. Lane's body was found in Coffee County. "The Bible tells us the death penalty is acceptable," Shavers said. "He got justice and it's what the jury said." Lane was killed near a church, according to retired Times-Gazette journalist Bo Melson. "It was New Year's Day 1985," Melson recalled. "The car was found in Marietta, stripped and burned. "He committed murder for a set of wheels," Melson said. As Thompson had Lane drive him and his 14-year-old girlfriend to Lane's death, the reporter who left the Times-Gazette for a religious publication "was probably praying for herself and her abductors," Melson said. "I worked with her the whole time she was there" at the newspaper, Melson said. "She was very religious. She saw no wrong in others." She did, however, find a permanent place in Shavers' heart as he "agitated" his boss' niece when she looked for news at the department led by Police Chief Jesse Blanton. "I used to hide her pen or pencil when she came in," Shavers said. And so her murder "was personal" for him. "If you're going to put somebody to death, you want to make sure you get the right person, but he confessed," Shavers said. "He even confessed to the district attorney. We got [the district attorney] out of bed at night to hear it." Shavers reads the same Bible passage every morning to remind himself on how life should be lived. Psalm 15 speaks of living for the truth. Asked about two decades having passed since Lane's murder, he said, "Twenty years seems like a long time to still be messing with this thing." As for her relatives, "The family needs closure. If it's life without parole, then they get closure" since the sentence is imposed. The Supreme Court considered Thompson's case after it was reopened by the Federal Appeals Court in Cincinnati. A judge said testimony from a psychiatrist who said Thompson suffered from schizophrenia should have been in the trial record. "I don't think he's crazy," Shavers said. "I spent a lot of time with him ... and that wasn't part of his defense. It's a little late for that." Barrett said, "I'm sure that after 20 years in solitary or on death row that he's insane, but he wasn't when we brought him back." Barrett and Shavers had conversations with Thompson as they drove him back to Tennessee and Barrett spoke with him when he took Thompson to and from the courthouse. "He didn't talk like a person who was mentally incapacitated," Barrett said. "But that's from a sheriff's deputy, not a psychiatrist." Barrett was a resident of Old Nashville Dirt Road just north of Shelbyville at the time of Lane's murder. She was also a resident of that road, although they were not immediate neighbors. The high court's ruling is "gratifying," he said. "It may seem hard, but a woman ought to be able to go into Wal-Mart and go home safely," he said. Lane was kidnapped from the parking lot of the shopping center that's across Lane Parkway from the police and fire departments' front driveways. Thompson "is evidently going to pay the price and that's fine with me," Barrett said. (source: Shelbyville Times-Gazette) INDIANA: Corcoran Waives His Right to a Clemency Hearing A death row inmate from Fort Wayne has waived his right to a clemency hearing. Joseph Corcoran has also signed a waiver barring anyone from filing for one on his behalf. Corcoran was convicted of killing 4 men inside a home back in 1997. 2 weeks ago the Indiana Supreme Court set a July 21 execution date. At that timet, Corcoran's public defender told NewsChannel 15 he wants to live, and she would soon be filing a federal appeal in his case. It's uncertain if she still plans on doing so. This is not the first time the 30-year old Corcoran has suggested he wants to die. In 2003, he made that request in court. His lawyers argued that he's not competent to make that decision. (source: WANE-TV News)
