July 1 NEW MEXICO: Judge says state can still seek death penalty against woman -- Smallwood at arraignment A judge has ruled that the state can continue to seek the death penalty against a 59-year-old woman accused of killing a 19-year-old woman who was house-sitting in Santa Fe last October. State District Judge Michael Vigil did admonish prosecutor David Foster about taking care in the case, however. The defense for Karen Smallwood had asked the judge to throw out the states notice that it would seek the death penalty. The defense says the notice was filed 8 days late and cited the wrong law for seeking the death penalty. Foster says the delay was largely because his office had to wait for a final autopsy and toxicology report in the death of Ursula Duran. (source: Associated Press) VERMONT: Fell's sisters testify as jury weighs death penalty Donald Fell's relatives testified today that his childhood was filled with violence, drinking and drugs. Their testimony came in federal court in Burlington (Vermont) as the defense began presenting their case why Fell should be spared the death penalty. Fell was convicted last week of the carjacking and hijacking of Terry King as she arrived for her job at a Rutland supermarket in November 2000. He is the 1st person in Vermont in nearly 50 years who could be executed. Today his half-sister testified that Fell was exposed to alcohol from before his birth, because his mother regularly drank beer while she was pregnant with him. Earlier in the week jurors heard from King's sisters, daughters and brother about how their lives have been unalterably changed since the death of King. (source: Associated Press) ILLINOIS: Former death row inmate dragged shouting from courtroom The trial of former death row inmate Aaron Patterson is getting off to a rocky start. Federal Judge Rebecca Pallmeyer ordered Patterson expelled from court today, saying he was interfering with efforts to proceed with jury selection. Patterson, however, refused to leave, clutching the defense table and yelling as 3 federal marshals tried to eject him. Once they pried him away from the table, he threw himself to the ground and they struggled to hustle him into a holding cell. No prospective jurors were in the courtroom at the time. Patterson spent 17 years in prison for murder -- 13 on death row -- before former Governor George Ryan pardoned him. Ryan said Patterson was wrongfully convicted. The fresh charges against him include selling heroin and cocaine and buying guns illegally. (source: Associated Press)
