August 10 LOUISIANA: Killer cop gets death penalty----New Orleans officer ordered woman shot For a 2nd time, a jury chose the death penalty for Len Davis, a former New Orleans police officer convicted of ordering the murder of a woman who filed a brutality complaint against him. The verdict was handed up Tuesday by a federal court jury that rejected a defense call for a life sentence. Davis had been convicted in 1996 on a charge that he violated the civil rights of New Orleans resident Kim Groves "under color of law" when he ordered her death in 1994. But, although the conviction held up on appeal, the death sentence was thrown out because one possible factor in the jury's decision to call for execution - a charge of witness tampering - was thrown out. A new sentencing phase with a new jury was ordered. That jury was selected July 25 and it heard nearly two weeks of testimony and arguments, including presentations from Davis himself, acting as co-counsel on his own defense team. Among Davis' arguments was his claim that he was merely trying to trap Groves in a drug deal when she was killed coincidentally. He also claimed that he was suffering from stress because of his dangerous job as a police officer. But the jury in the complicated hearing rejected both arguments in its first votes on crucial issues last week. They found that Davis had specific intent to kill Groves and that he was involved in substantial planning and premeditation, said U.S. Attorney Jim Letten. Davis refused to attend the proceedings after those key votes, which were followed by more evidence and more arguments on whether a death sentence was warranted. "Death should be for the worst of the worst. It should be for the incorrigible. For someone who's never done any good in his life. It doesn't fit here,'" defense attorney Julian Murray had argued to the jury. But the jury opted for death. A federal judge will impose the sentence later. A sentencing date had not been set Tuesday. Letten noted that appeals are automatic in death penalty cases so it remained unclear when, if ever, Davis will be executed. (source: Associated Press) OHIO: More suspect names surface as Spirko moves closer to execution A postal inspector investigating the 1982 slaying of a postmistress in Elgin never doubted John Spirko's involvement. Postal Inspector Paul Hartman also never doubted others were involved. In documents recently filed in U.S. District Court in Toledo, Hartman said he was convinced another man, James Clark Kelley was with Spirko when Betty Jane Mottinger was abducted from the Elgin post office Aug. 9, 1982. The documents were filed by state prosecutors as part of a motion asking that Spirko's latest filings be dismissed. Spirko is trying to stop or postpone his scheduled Sept. 20 execution. State attorneys said Spirko's claims there is new evidence that may prove his innocence actu-ally is old evidence other courts previously have considered. They use a 1999 letter from Hartman and other records to make their point. In that letter to a top postal employee in Washington D.C., Hartman talked about claims Spirko had made at the time. Hartman said Spirko had improperly characterized his files. He said, if anything, his records contain evidence that further helps to prove Spirko's guilt. It's in his letter that Hartman goes into detail why he suspected Kelley along with Spirko in Mottinger's abduction and murder. First, Kelley spent time in prison with Spirko while Spirko was serving another sentence for murder. Hartman investigated the possible link with Kelley and learned that another postal inspector from Cincinnati was investigating Kelley for passing fraudulent postal money orders. That investigator found a number of photos of various inmates including Spirko with Kelley when he was stopped by police in Madison, Ind., according to court records. It was after that incident that Hartman learned Kelley had a history of violent crime includ-ing murder and robbery, according to court records. Hartman also established that Kelley was not in custody at the time of Mottinger's death but was wanted on murder and robbery charges in Kentucky. Around the time of Mottinger's death, Hartman also learned that Kelley may have been in Fort Wayne, which is not far from Elgin, he said in records. Hartman continued to dig. He learned a third postal investigator was looking at Kelley for a string of burglaries at post offices in Southern Indiana. Kelley was not charged for those crimes, according to court records. But it wasn't until 1990 that Hartman received perhaps his most convincing evidence. Hart-man learned an FBI agent had information he gleaned from a confidential source that may further link Kelley and Spirko to Mottinger's slaying, according to court records. While the source was locked up with Kelley in North Dakota, the source said Kelley admitted that he and a man named "Jack Spirko" held up a post office in Ohio and killed the postmaster, according to court records. "Based, in part, upon the above facts, I am convinced that James Clark Kelley along with John George Spirko, participated in the robbery of the Elgin, OH Post Office, and in the ab-duction and homicide of Postmaster Betty Jane Mottinger," Hartman wrote in the letter. Hartman also said he has identified at least one other suspect who was present when the post office was robbed and Mottinger was abducted. Hartman also notes that Mottinger was the only postal employee murdered during his tenure. Kelley, who today is 58, remains in a prison in Nevada where he is serving 2 life sentences for 2 separate murders. Kelley is not the only name to surface in the court records. 2 other names are referenced as possible suspects but Hartman only said they may have been with Kelley in Fort Wayne around the time of Mottinger's murder. Meanwhile, another man, Delaney Gibson, also has been named as a suspect and has been the subject of Spirko's latest appeals. Spirko's defense team has used Gibson to try to win him a new trial. A witness in the Spirko case picked Gibson out of a photo array saying she spotted him outside the post office the morning Mottinger disappeared. But there is evidence to show Gibson was in North Carolina the day before. After Spirko's attorneys learned there is evidence that put Gibson's whereabouts in doubt when Mottinger was killed they asked for a new trial. Gibson was charged in Mottinger's slaying but never brought to trial because he was serving time for another murder in Kentucky. Gibson was released from prison in 2001 and prosecu-tors in Van Wert dropped charges against him last year saying the case was too old to successfully prosecute. (source: Lima News) HAWAII----re: federal death penalty to be sought Soldier Accused Of Killing Daughter May Face Death Penalty----Federal Prosecutors Take Over Murder Case From Army In Honolulu, a Schofield Barracks soldier accused of killing his 5-year-old daughter could now get the death penalty if he is convicted. Federal prosecutors have removed Spc. Naeem Williams from Army custody and charged him with capital murder in U.S. District Court. Usually the Army prosecutes soldiers under the code of military justice, but many believed that would not have meant justice for the death of Talia Williams, 5. Under the Army code, Naeem Williams faced no more than life with parole. Hawaii U.S. Attorney Ed Kubo said the death sentence available in federal court was not the reason he removed Naeem Williams from Army prosecution. He said his main goal was to ensure justice was done, by putting both Naeem Williams and his wife, Delilah, who was charged earlier, in front of the same judge and jury. Prosecutors said both abused Talia and so both should be held responsible for her death. It also means Naeem Williams will get 2 civilian defense attorneys. "Living in Hawaii, where we don't have a state death penalty, raises a little bit of a concern that the federal government is once again coming in and imposing their will upon us," said Naeem Williams' attorney, David Klein. Naeem Williams made a brief 1st appearance in federal court Tuesday. He wore glasses and a federal detention center uniform. His attorney decided not to ask for bail. (source: The HawaiiChannel) **************************** Army Soldier to Be Tried in Girl's Killing A soldier accused of beating his 5-year-old daughter to death will be tried in civilian federal court so he and his wife can face murder charges before the same judge and jury, federal prosecutors said Tuesday. The Army has agreed that "justice would best be served" if Spc. Naeem Williams and Delilah Williams appeared before the same court, U.S. Attorney Edward Kubo Jr. said. Emergency room doctors pronounced Talia Williams dead from "blunt head trauma due to battered child syndrome" shortly after she arrived at a hospital on July 16. Doctors said the girl had bruises on her arms, chest, knees and thighs and a cut on her back. "This poor child died a violent and lonely death, feeling unloved and unwanted by those responsible for her care and nurturing," Kubo said. Military prosecutors charged Naeem Williams, 25, stationed at Schofield Barracks, with murder last month. Delilah Williams, Talia's 21-year-old stepmother, was charged with 1st-degree murder in U.S. District Court because she is a civilian. Naeem Williams made an initial court appearance Tuesday and was ordered held without bail. "We're very concerned that the U.S. attorneys, having taken jurisdiction of this case, have filed a complaint that makes the case death penalty eligible," said Naeem Williams' attorney, David Klein. The most serious punishment Williams would have faced in military court for Talia's death was life in prison. Kubo said the case was believed to be the 1st involving charges based on a new provision of a federal statute saying those who repeatedly abuse a child to the point the child dies are liable for 1st degree murder. The provision was approved by Congress last year, Assistant U.S. Attorney Michael Purpura said. Federal prosecutors have jurisdiction over the case because the alleged abuse took place on an Army base. Army prosecutors will serve as co-counsel to federal prosecutors until the case is completed, Kubo said. The FBI said Army investigators would also continue to be involved in the case. (source: Associated Press) CALIFORNIA: Killer's defense team looks to appeals court to keep his case alive Kevin Cooper's defense team will return to the 9th U.S. Circuit Court of Appeal because a lower court has ruled that no issues remain in Cooper's denied bid to escape execution for the 1983 hatchet murders of four Chino Hills residents. San Diego U.S. District Court Judge Marilyn Huff recently denied Cooper's application for a certificate of appea lability. Cooper's lead attorney, David T. Alexander, said Monday that the defense team will seek a certificate from the federal appellate court. He did not have a date for the next filing. The 9th Circuit sent the case to Huff on Feb. 9, 2004, hours before Cooper's scheduled execution. Cooper was sentenced to death in 1985 for slayings of Doug and Peggy Ryen; their 10-year-old daughter, Jessica; and neighbor Christopher Hughes, 11. The Ryens' son Joshua, 8, survived the attack, in which his throat was slashed. The murders took place at the Ryens' ranch home. Cooper had escaped from the nearby California Institution for Men at Chino 2 days before the slayings occurred. Cooper's last-minute appeal sought further DNA tests of hair found at the crime scene, evidence that he said would point to others as the killers. He also wanted a T-shirt marked with his blood that had been found near the crime scene tested for a blood preservative, which he contended would show that the blood had been planted. In her May 27 ruling, Huff said scientific tests and testimony from 42 witnesses during a series of hearings still point to Cooper as the killer. (source: The Press-Enterprise) ************************************ Man Held After Rampage Kills 3----Gun deaths at a Colton used car lot and a San Bernardino apartment follow a purchase that went sour, police say. San Bernardino police on Tuesday shot and arrested a 35-year-old man accused of killing a sales manager and a salesman at a Colton used car lot and then killing a teenage boy. Half an hour after the Monday shooting rampage, Louis Mitchell Jr. of Rialto drove to an apartment complex in San Bernardino, shot the teen to death and wounded the teen's older brother, detectives said. Mitchell was arrested Tuesday afternoon after police shot him in the leg. "We have taken a very violent individual off the street," San Bernardino Police Chief Garrett Zimmon said. The motive was unclear, but police, who described Mitchell as a gang member with a history of drug dealing, said he knew the San Bernardino man he wounded. For almost 24 hours, Colton and San Bernardino police pursued leads to Mitchell's whereabouts. He was arrested shortly after 3 p.m. when officers responded to reports of shots being fired on a residential street, Zimmon said. The officers found Mitchell standing next to a vehicle in the 300 block of West 19th Street, "looking rather oddly," Zimmon said. He said Mitchell began threatening to shoot one officer, and one of them fired a shot that struck him. The wound was not life-threatening, Zimmon said. Officers recovered a pistol, but Mitchell was not carrying it when he threatened them, police said. Police said that on Monday morning, Mitchell went to the California Auto Specialist lot in the 1500 block of West Valley Boulevard, a block north of Interstate 10 in Colton, with his live-in girlfriend. Police said the couple left without closing a deal, but a short time later, the girlfriend, who was not identified, returned and bought a Dodge Durango. "He was disgruntled over his live-in girlfriend purchasing the car," said Colton Police Chief Ken Rulon. About 2:40 p.m. Monday, Mitchell, armed with a handgun, returned to the lot and asked for the sales manager, said Lt. Bob Miller, a spokesman for the Colton Police Department. When the manager, Patrick Mawikere, appeared, Mitchell opened fire, police said. Mawikere, 20, died at the scene. Salesman Mario Lopez, 59, died hours later, following emergency surgery. Another salesman, Jerry Payan, reportedly jumped through a window, shattering the glass, to escape the gunfire. Payan was reported in serious condition with a bullet wound. A 3rd salesman, Juan Bizzotto, suffered grazing gunshot wounds, police said. Detectives said that after the attack, Mitchell drove to the 1400 block of North Sierra Way in San Bernardino, where he shot Susano Torres, 16, to death and wounded Susano's 19-year-old brother, Armando. "The brother is not talking too much, but he identified Mitchell," said San Bernardino Police Sgt. Mike Desrochers. "He knew him." Desrochers said detectives did not believe drugs or robbery played a role in the San Bernardino shootings. Mitchell was released from prison July 16, 2004, after pleading guilty in 2002 to 1 felony count of possessing/purchasing cocaine for sale. Mike Hernandez, general manager of the three-location company that includes the lot, said that "nothing even close to this" had ever happened there. "We might have mild arguments, but that's it," he said. Incidents like Monday's shooting are extremely isolated, according to Jeff Beddow, a spokesman for the National Automobile Dealers Assn. in McLean, Va. Friends and colleagues struggled to make sense of the violence, which drew dozens of Mawikere's weeping relatives and friends to the crime scene. "As a society, we're losing the value of life," said Salvador Munguia, a salesman, who was off work Monday. Mawikere was described as a rising star with a knack for matching customers with the right vehicle and helping them overcome questionable credit. "He was more concerned with what a purchase would mean to your life rather than being someone who is just concerned with selling a car and pocketing the money," said friend Chris Carroll, who had bought 2 cars from Mawikere. "He's too young to die," said fellow 2002 Upland High School grad Robert Sinaga. "He was a good guy." At the Rialto home of Mario Lopez, the other employee killed, 2 women identifying themselves as relatives came to visit the victim's wife, Cecelia. "Mario was the father of four children; he was a good man, a productive salesman," said one of the women, who declined to give her name, saying she feared for her safety. Co-workers described Lopez as one of the lot's top salesmen. His neighbor, Nita Brannis, said the slayings illustrated the frighteningly low threshold it takes to prompt someone to kill. "Some people have not learned how to cope with the negative things in their life, and the result is so devastating sometimes to people who are innocent," Brannis said. (source: Los Angeles Times)
