June 29 TEXAS: Suspect In Lubbock Store Clerk Murder To Face Death Penalty 1 of the 3 people arrested for the shooting death of a Lubbock convenience store clerk may get the death penalty. The Lubbock District Attorney's Office says they are seeking the death penalty for Raymon Jackson, 19, who they say shot and killed 7-11 clerk Patricial Garcia. Court records say Victoria Harris, 18, was the getaway driver that night, but she escaped the death penalty since she was 17-year-old. Jackson's attorney, Mark Snodgrass, says his client is aware of the D.A.'s decision. Snodgrass says he hoped that the D.A. would not have gone for the death penalty but he says he will move forward with the case. (source: KLBK News) **************************** Court tosses out death sentence of elderly mechanic killer The Texas Court of Criminal Appeals today ordered a new sentencing hearing for a death row inmate convicted of killing an elderly auto mechanic. The victim was beaten to death during a 2001 robbery in Tyler. The court upheld the capital murder conviction of Gregory Russeau, but ordered he be resentenced over the slaying of 75-year-old James Syvertson. Russeau could again receive the death penalty. The court ruled that Russeau's right to confront witnesses against him had been violated during trial. Syvertson's wife, daughter and grandchildren found him hours after he was killed at his shop. His wallet had been stolen and his car was missing. Russeau was arrested in Syvertson's stolen car in Longview the day after the murder. His palm print and hair were found at the auto shop. On the Net: http://www.tdcj.state.tx.us/stat/russeaugregory.htm (source: Associated Press) ******************************* New Sentencing Hearing Ordered For Death Row Inmate The Texas Court of Criminal Appeals Wednesday ordered a new sentencing hearing for death row inmate Gregory Russeau, who was convicted of capital murder in the death of an elderly auto mechanic. James Swertson, 75, was beaten to death during a robbery in 2001 in Tyler. The court upheld Russeaus capital murder conviction, but ordered a new sentencing hearing after finding that Russeau's right to confront witnesses against him had been violated during trial. Syvertson's wife, daughter and grandchildren found him hours after he was killed at his shop. His wallet had been stolen and his car was missing. Russeau was arrested in Syvertson's stolen car in Longview the day after the murder. His palm print and hair were found at the auto shop. (source: KWTX News) OHIO: An Hour from the Electric Chair - Then A Ray of Hope In 1994 Kenny Richey came within one hour of going on the electric chair, had his head shaved and said his last goodbyes. But he would rather die than admit to a crime he did not commit. Born to a Scottish mother and American father, Richey grew up near Edinburgh Castle with his 2 brothers, Tom and Steve. When his parents divorced in 1981 he decided to start a new life in the United States and moved to Ohio to live with his father. He worked as a photographic salesman before moving to Minnesota, where he married and joined the US Marines. Discharged in 1985 due to depression, and after his marriage failed, he returned to Columbus Grove in Ohio. On the evening of June 29, 1986, Richey went to a party to celebrate the fact he was about to return home and take up a job as a nightclub doorman. He got drunk and stumbled off. Later that night a fire broke out at a nearby apartment block. 2-year-old Cynthia Collins was trapped in her bedroom and died from smoke inhalation. The next day Richey was arrested and charged with her murder. He was accused of using petrol and paint thinner to start the fire. The court was told Richey started the fire out of jealousy, in a bid to kill former girlfriend Candy Barchet who was asleep with her new boyfriend in the apartment below. 2 witnesses claimed they had heard Richey earlier that night saying he was going to burn down the building. Prosecutors claimed the smoke alarm had been disconnected and that Richey had climbed on to a shed roof, over to a balcony and into the flat, carrying 2 heavy cans of petrol. Despite the fact that Richey's hand was in a plaster cast and that he was incredibly drunk, seen earlier falling into a bush, he had allegedly managed to achieve this feat without making a sound. Barchet and her boyfriend, sleeping with the window open, did not hear a thing. Forensic tests could find no trace of petrol on Richey's clothes and the cans were never found. It was the disconnected smoke alarm which landed Richey a death sentence as it made the so-called crime pre-meditated. This, despite evidence from a witness who said Cynthia's mother had disconnected it earlier that day when she was cooking pork chops. During the three-day trial Richey twice rejected plea-bargain deals which would have spared his life if he admitted starting the fire. Since his conviction, Boston-based lawyer Ken Parsigian has taken up the case. It emerged that Cynthia Collins had a history of playing with matches and had started fires in the past. A fire expert concluded that the blaze was accidental, possibly started by a burning sofa from a dropped match or cigarette. Tests on the carpet showed up no ignitable substances. In 1997, the 2 witnesses who had claimed they heard Richey threaten to burn down the apartment, retracted their statements. During the appeal process Richey has escaped 13 appointments with the electric chair. His closest call, in 1994, was delayed when he was granted a stay. In January the 6th District US Federal Appeal overturned the conviction and sentence on the grounds that Richey's trial was seriously flawed. An appeal against the ruling was denied in April and the state was given 90 days to retry Richey or set him free. The campaign to release Richey was spearheaded by his fiancee, Karen Torley, a fellow Scot who heard about his case and began writing to him in jail in 1992. She first visited in 1998 and has been back every year since. "Kenny is a very strong character," she said. "He's endured more than most people ever would. "Like everyone there have been times when he feels like giving up but he has a fantastic sense of humour which always sees him through." Ms Torley said even when an execution date was approaching Richey had joked that he was going to get some popcorn and wondered whether the warden would hold his hand. "It's a very black humour," she added. "Very Scottish, but it's helped him get through." Mr Parsigian is all too aware how weak the state's case is. "They have a snowball's chance in hell of getting a conviction that is upheld beyond reasonable doubt any more," he said. The case has attracted appeals from as far and wide as Pope John Paul II and former Archbishop of Canterbury Dr George Carey. British film-makers produced 2 documentaries questioning the 41-year-old's guilt while supporters and politicians have written thousands of letters to news organisations and government offices to protest at his conviction. The European Parliament expressed its doubt concerning the validity of the sentence in a resolution passed in June 1992. Amnesty International sought a new trial for Richey, and Liberal Democrat MP Alistair Carmichael visited him on death row last year, demanding the case be reviewed. Richey, who has never known his 19-year-old son Sean, told GMTV earlier this year: "You will never meet a more bitter or angry individual than me. Hate and rage seethe through my blood. "They took from me what can't be given back." (source: The Scotsman) NEW MEXICO: Inmates' lawyers seek more money in death-penalty case In Albuquerque, lawyers for 3 men who could face the death penalty say the state isn't providing enough money for the defense. 6 private attorneys hired by the state to defend Reis Lopez, David Sanchez and Robert Young want out of the case. They say if a judge won't let them drop it, they want more money from the state. Otherwise, they want the state to drop its request for the death penalty. The 3 men are charged in the death of Correctional Officer Ralph Garcia during a 1999 disturbance by inmates at the Guadalupe County Correctional Facility near Santa Rosa. The state's chief public defender says the state is already spending nearly $2 million on the defense for the trio. (source: Associated Press) CALIFORNIA----new death sentence Jury recommends death in Fresno case----A jury sentenced Marcus Wesson to death for the slaying of nine of his children. In Fresno, a jury decided Wednesday that Marcus Wesson, the domineering patriarch of a large clan he bred through incest, should get the death penalty for the murders of 9 of his children. Wesson, 58, was convicted earlier this month, more than a year after the bodies were found in a bloody pile at his home at the end of a police standoff. All the victims -- ages 1 to 25 -- had been shot once in the eye. Wesson had fathered some of them with his own daughters and nieces. Prosecutors said he had the children killed for fear authorities were about to break the clan up and take the youngsters away. The standoff began after two Wesson nieces who had escaped from the home went back to try to get their children. His lawyer contended Wesson's eldest daughter shot the others, then committed suicide. In pleading for a life sentence, defense attorney Pete Jones said executing Wesson would not "undo the harm done." He also noted that the jury, in its guilty verdict, found that the prosecution failed to prove Wesson pulled the trigger. But prosecutor Lisa Gamoian said that does not matter -- Wesson orchestrated the killings. She called Wesson a "master manipulator" whose sexual, financial and emotional exploitation of his children culminated in their slayings. (source: Associated Press) VIRGINIA----impending execution Virginia Bishops Advocate for Death Row Inmate Arlington Bishop Paul S. Loverde and Richmond Bishop Francis X. DiLorenzo recently collaborated on a letter sent to Virginia Gov. Mark R. Warner asking to commute the sentence of Robin Lovitt to life in prison. "Circumstances like these heighten a risk that is surely one to avoid at all costs - that is, the risk of executing someone when doubts about his conviction linger," wrote Virginia's 2 Catholic bishops about Lovitt, who is scheduled for execution July 11. According to Jeff Caruso, executive director of the Virginia Catholic Conference, Lovitt was convicted of murdering a man in a pool hall with a pair of scissors. One of the problems with his case, though, is that DNA evidence was destroyed by state officials. "Reports have indicated that physical evidence which may have been improperly tested was later destroyed, thus eliminating the opportunity for post-conviction retesting to prevent error," the letter said. But it is not just because there is question surrounding Lovitt's conviction that the bishops wrote their letter. "The death penalty would be unnecessary, and hence inappropriate, even if we could be absolutely certain of Mr. Lovitt's guilt," the bishops said, adding that today's society can be protected without the use of capital punishment. Virginia has a life without parole sentence available, and the bishops argue that this should be used instead of the death penalty. "We should not make use of the ultimate punishment," Caruso said. It would be much better to spare someone's life. "It is important for the bishops to underscore the belief that the death penalty is not necessary in our state," he said. "We look to promoting a culture of life. Part of that is opposing the death penalty in our place and time." Caruso explained that there are different ways of promoting the culture of life. The Church's teaching against abortion, embryonic stem-cell research and euthanasia is absolute. When it comes to the death penalty, however, the Church teaches that it may be appropriate if it is the only way to keep society safe. Bishops Loverde and DiLorenzo argue that in the U.S. today, it is not needed. "The life-sentence alternative, we believe, is unique in its ability to securely protect state residents and at the same time uphold the dignity belonging to every person, even to one convicted of a brutal crime," the letter states. "Ultimately, we ask you to reject the extreme and unnecessary measure of taking his life to show that taking life is wrong." The bishops acknowledged the fact that the victim's family has suffered greatly from Lovitt's crime. They pledged their continued support of such families. "We ardently desire healing that cannot come from more loss of life," the letter said. Our Lady of La Salette Sister Connie Parcasio, coordinator of prison ministry for Catholic Charities, compared the bishops' letter to a father defending a son from death. "They courageously stepped forward," she said of the bishops. "No one else is more empowered to do this. No one else can more appropriately undertake this action than you upon whom God entrusted the care of His people in Virginia." Sister Connie hopes the bishops will continue to defend the defenseless, especially the unborn and those on death row. She encouraged all Catholics to pray for victims of crime and their families, learn about Catholic social teaching, educate people about it and advocate in favor of it by contacting elected officials. "With (the bishops), I believe that it is unnecessary for the state to take away Mr. Lovitt's life and deprive him forever the possibility to amend his life," Sister Connie said. She then pointed to Christ as the ultimate example on how to act. "He came to give us life - not kill us because we sinned," she said. The bishops aren't the only ones advocating for clemency for Lovitt. The confusion surrounding the lost DNA samples has many groups concerned. Investigators are looking into police procedures in handling DNA evidence. There is also a plea for the governor to stay the 23 death sentences in Virginia until DNA retesting can occur, said Caruso. "There is the potential that someone wrongly convicted will be executed," he continued. "This brings the fairness of the death penalty in Virginia into question." Gov. Warner has never granted clemency to a convict before. "We only hope he'll consider our case a strong one," Caruso said. Caruso suggested that any interested parties should contact Gov. Warner to request that he commute Lovitt's sentence to life in prison. To contact the governor, write to Gov. Mark R. Warner, Executive Office Building, 3rd Floor, 1111 East Broad St., Richmond, Va. 23219 or call 804/786-2211. To send an e-mail, go to www.governor.virginia.gov and click on "Contacting the Governor." (source: Arlington Catholic Herald)
