July 29 CALIFORNIA: S.C. Upholds Pro Pers Death Sentence in Hollywood Poisoning The California Supreme Court yesterday unanimously affirmed a Hollywood mans death sentence for poisoning his neighbor to death, rejecting claims that James Nelson Blair should not have been allowed to represent himself, particularly in the penalty phase of the 1987 trial in which virtually no mitigating evidence was offered. "[W]e adhere to the weight of state and federal authority that concludes, consistent with our own precedent, that the Sixth Amendment right to self-representation extends to the penalty phase, and that the Eighth Amendment poses no barrier to the self-represented defendants control of the presentation of mitigating evidence," Chief Justice Ronald M. George wrote for the court. Blair was already serving a prison term for poisoning Dorothy Green and Rhoda Miler when Green died of pneumonia, which doctors said was a direct result of ingesting a large dose of cyanide. Green succumbed following 2 years of hospitalization, after paramedics found her unconscious on the floor of her apartment in September 1984. Miller testified that she and Green became ill after drinking gin that Blair had given the women, supposedly as a gift. Miller said that she drank a little bit of gin mixed with water, while Green drank a full glass straight up. The paramedics took the gin bottle with them when they rushed the women to the hospital, later giving it to police. Tests revealed the presence of sodium cyanide in a significant amount, and an expert testified that Green would have died at the scene if she had not been resuscitated by the paramedics. Victim Threatened Prosecutors said Blair was upset with Green because she owed him money, and had threatened to "get" her, in addition to getting into a fight with the man she was living with. A search of the briefcase Blair was carrying at the time of his arrest produced an envelope with writing on it, in the form of a shopping or "to do" list, including the words "get cyanide," as well as a piece of paper with the names, addresses, and phone numbers of chemical labs. Blair waived his right to counsel but requested that Ray Newman, a Los Angeles attorney who was doing a good bit of capital defense work at the time, be appointed as "associate counsel." Los Angeles Superior Court Judge Aurelio Munoz granted the request. At a subsequent hearing, however, Judge Henry Patrick Nelsonwho had presided over Blairs earlier trial and briefly oversaw the pretrial proceedings in the new case - expressly found that Blair was representing himself and that Newmans status was that of advisory counsel, after declaring that "I don't see how a pro. per. can be chief counsel and . . . have a lawyer in effect representing him." Prior to trial, Newman informed the trial judge, Jerold Krieger - since deceased - that he would be unable to attend the entire trial because of scheduling conflicts. Krieger then appointed a 2nd attorney, Lonzo Lucas - later a Los Angeles Superior Court commissioner but now retired - to serve as a 2nd advisory lawyer. Past Crimes Jurors found Blair guilty of 1st degree murder with a murder-by-poison special circumstance. In the penalty phase, prosecutors presented evidence that Blair had been convicted of 2 robberies, as well as the attempted murders of Green and Miller, and called the defendants college chemistry teacher to testify that he had conducted an experiment involving cyanide in the class. Krieger imposed the death sentence in accordance with the jurys verdict, and the Supreme Court appointed San Rafael attorney David Nickerson to represent Blair on appeal. Nickerson argued that Blair was incompetent to stand trial and/or waive counsel, citing the facts that he had been committed to Atascadero State Hospital for several months in 1972 and that Nelson had called him a "psychopath" when sentencing him in the earlier case. But George said the fact that a defendant was committed a dozen years earlier does not, in and of itself, create a doubt as to his present competency. Placed in context, the chief justice went on to say, the "psychopath" reference referred to someone with no compunction about hurting others, and did not suggest that the judge considered Blair to be "psychotic, out of touch with reality, or otherwise unable to understand the proceedings against him." George rejected the broader contention that the Supreme Court's Faretta decision and its progeny, allowing virtually any defendant who is mentally competent to stand trial to waive counsel, should not be applied to the penalty phase of a capital case, particularly if the defendant is unwilling to present mitigating evidence that is available, such as the testimony of family members. In making that argument, Nickerson cited decisions by some state high courts that require judges to create a record of mitigating evidence, such as through pre-sentence reports, if the defendant does not present such evidence at trial. He also cited a New Jersey Supreme Court ruling that defense counsel is obligated to present mitigating evidence even if the defendant objects. Those rulings, George said, represent a minority view, as other state and federal appellate courts have held that a defendant may not only represent himself in the penalty phase and refuse to present mitigating evidence, but may argue in favor of the death penalty. Deputy Attorney General Marc Nolan represented the prosecution on appeal. The case is People v. Blair, 05 S.O.S. 3847. (source: Metropolitan News Company) ******************** Peterson Releases First Death Row Statement Scott Peterson has made his 1st public statements since arriving on death row. The man convicted of killing his pregnant wife posted a message on a Canadian anti-death penalty website. In the message penned from his San Quentin prison cell, he thanks the public for the support he has received. "The thoughtfulness and benevolence shown is a source of strength and spirit, an affirmation of a considerate community," writes Peterson. "In every conversation among our family, there is always the mentions of your thoughts and letters. At mail call I am encouraged by, and enjoy hearing from people. "I wish I could respond to express my gratitude, and continue to correspond," continues Peterson. "However, people having sold my notes, and sometimes fabricating content, preclude me from doing so. It is an irritating, unfortunate situation." Peterson has been imprisoned at San Quentin since March 17th. To read Petersons complete statement visit: http://www.ccadp.org/scottpeterson.htm (source: CBS News) IDAHO: Former death row inmate may try to get out of plea deal Convicted murderer Faron Earl Lovelace says he might try to get out of a plea deal. Lovelace is a former death row inmate who won a new resentencing in an appeal to the Idaho Supreme Court. During his resentencing, he entered a plea agreement with prosecutors that would spare him the death penalty for the 1995 kidnapping and murder of 24-year-old Jeremy Scott. But now Lovelace has filed papers in First District Court saying he'll try to get out of the plea deal unless his attorneys follow through with a promise. Lovelace doesn't say what the promise is. But he claims the attorneys promised him something to get him to agree to the plea, and that they haven't fulfilled that promise yet. Lovelace's attorney, Teresa Hampton, did not immediately return phone calls. (source: Associated Press) UTAH: Hearing in death-row inmate's appeal is delayed In Ogden, a hearing next week on whether death-row inmate Doug Lovell should be allowed to withdraw his guilty plea to the 1985 murder of Joyce Yost has been postponed to give attorneys more time to prepare. Lovell is seeking to withdraw his 1993 guilty plea to aggravated murder in the death of the 39-year-old South Ogden woman. Lovell contends his trial attorney failed to provide effective counsel when he allowed Lovell to make a plea agreement requiring him to lead police to Yost's body in exchange for a life sentence. The deal did not address what would happen if Lovell were unable to find the body. He spent 5 weeks trying unsuccessfully to show authorities where he buried the woman's body in Ogden Valley. The agreement was voided, but Lovell still pleaded guilty to aggravated murder and was sentenced to death. In April the Utah Supreme Court directed 2nd District Judge Michael Lyon to hear Lovell's 12-year-old motion seeking to withdraw his guilty plea. Lyon inherited Lovell's appeal process from now-retired Judge Stanton Taylor. Lovell's new defense attorneys and the Utah Attorney General's Office were to argue the motion next Tuesday before Lyon, but on Thursday the hearing was postponed without a date. However, a hearing was set for Sept. 7 to allow filing of briefs regarding the defense request to clarify the parameters of the coming legal debate. Weber County public defender Jim Retallick has been appointed as Lovell's new lead appeals counsel, assisted by Ryan Bushell, since the Salt Lake lawyer, L. Clark Donaldson, who earned the Supreme Court decision giving life to Lovell's plea withdrawal request, took a new job. Lovell killed Yost to keep her from testifying about his raping her in 1985. Despite her disappearance, Lovell was convicted at trial which turned on the transcript of Yost's preliminary hearing testimony on the rape. Lovell was serving his prison sentence for rape when he was arrested for Yost's murder in 1992. (source: Associated Press)
