August 13 ALABAMA: Court upholds death sentence A state appeals court Friday upheld the death sentence of a Lee County man convicted of fatally stabbing his estranged wife and 9-year-old son at his Opelika home in 1999. In a 5-0 decision, the Alabama Court of Criminal Appeals said the death sentence was appropriate for Stanley Stephens, who was convicted in September 2002 by a Lee County jury. The jury in recommending the death sentence noted that in 1992 Stephens had shot his wife, Annie, 32, in the face and chest with a shotgun but she survived. Stephens in his appeal argued that his trial should have been postponed until a third DNA test was performed on the knife seized from him upon his arrest. The blood on the knife matched that of his 9-year-old son, Nicholas, on the previous 2 tests. The appeals court said since the results of the third test, which came after the start of his trial, were the same, a postponement was unnecessary. Stephens' also argued that his police statement shouldn't have been introduced at trial because he wasn't mentally sound when he waived his rights. The court, in its ruling, said his claim had no merit. (source: Montgomery Advertiser) ************************ Mobile judge hears testimony about drug allegedly given to Jones An antipsychotic drug allegedly given to serial killing suspect Jeremy Jones could have altered his mental capacity but was not administered in doses large enough to make him lose touch with reality, medical experts testified Friday at a court hearing. Circuit Judge Charles Graddick heard the testimony following a defense motion to suppress statements Jones made to investigators, including an alleged confession to the 2004 murder of a Mobile County woman. Graddick did not rule on the motion Friday but did schedule Oct. 17 as the start date for Jones' capital murder trial in the death of Turnerville resident Lisa Nichols. Defense attorneys for Jones argue that he was administered the drug Risperdal while at the Mobile County Metro Jail. They say the drug hindered Jones' ability to think clearly and prompted him to tell investigators what they wanted to hear as they interviewed him repeatedly and plied him with bribes. Prosecutors argued Friday that Jones is a manipulator starved for attention whose confession included details only a killer could know. Jail psychiatrist Dr. Carl Smith testified that he did not prescribe Risperdal and ordered an end to its administration when he found out Jones was taking it. The hearing did not reveal who might have given Jones the drug or the length of time that he could have been under its influence. A pharmaceutical expert and a psychologist testified for the defense that the drug can cause a subject to lose the ability to resist exhortation, become apathetic and become unable to understand the implications of waiving the right to remain silent. But assistant attorney general Don Valeska, who is prosecuting the case, said that it was not investigators who hounded Jones but the suspect, himself, who sought them out. Valeska said Jones initiated the meetings and requested privileges such as meals and phone calls. Authorities say that, in addition to Jones' alleged confession to Nichols' murder, he has confessed to multiple other killings. Jones is charged with murders in Louisiana and Georgia and is a suspect in several others across the nation, authorities have said. (source: Associated Press) *********************************** Shelby-led committee seeks cut in DNA funds----Proposal disappoints Sexton, Swindle Despite Tuscaloosa investigators recently cracking 7 years-old rape cases, a committee headed by Sen. Richard Shelby has recommended funding cuts for the method that led to the solving of these crimes. Shelby, a Republican and Tuscaloosa resident, is chairman of the Senate's Committee on Commerce, Justice and Science, which last month suggested cutting a $177 million allocation for testing the nation's backlog of DNA evidence to $89.5 million while earmarking 25 percent of it for special forensic science lab grants. The cut also altered the scope of the money. Instead of going exclusively to DNA testing, the money will now support all aspects of the nation's forensic science labs, including drug testing, ballistic analysis and death examinations. In Alabama, the funding cuts have some officials crying foul. "Congress has set a course to make forensic DNA testing common practice among law enforcement and focus on reducing the identified backlogs," wrote F. Taylor Noggle Jr., head of the Alabama Department of Forensic Sciences, in a letter to Shelby. "To change this direction and share this money with the other forensic disciplines would consequently prevent DNA testing from reaching its full potential, especially within Alabama." In that letter, dated July 21, Noggle references the recent solving of seven rapes that occurred in Tuscaloosa between 1989 and 2000 through a $700,000 federal grant. This grant allowed the Birmingham forensic sciences office to test previously unknown DNA samples against a state database. The result was the identification of suspects in these seven brutal crimes, some of which involved the rape victim being abducted, beaten and threatened with guns and knives. Tuscaloosa police Chief Ken Swindle, an avid supporter of the state's crime lab, said the proposed cuts were a disappointment. "I hate to see any of the funding for DNA testing being slashed," Swindle said. Tuscaloosa County Sheriff Ted Sexton, who is currently serving as president of the National Sheriff's Association, said this potential reduction is part of a nationwide cutback on local law enforcement funding. "It's a great concern to law enforcement," Sexton said of the cuts. "But we are trying to address these issues with Congress to advise them of the importance of these grants. "DNA testing is vital, whether it's a cold or a current case." Noggle referenced the national average of a 40 percent hit rate on cold, non-suspect cases in states that have all-felon DNA databases, which have been built in recent years by collecting DNA samples from every state inmate convicted of a felony. He also mentioned that Alabama has solved more than 285 cases since June 2004 solely on DNA evidence and has identified suspects in 20 different states. The DNA funding cuts also got the attention of several members of Congress on both sides of the party aisle. A July 27 letter signed by 21 members of the House of Representatives called on the Senate's Committee on Appropriations to re-instate the full $177 million that was approved by the House on the recommendation of President Bush. The House's recommendation, which is part of Bush's Justice for All Act of 2004, set aside the $177 million for DNA testing, with $151 million of that exclusively for backlog testing under the Debbie Smith DNA Backlog Grant Program. "It is critical that this backlog of DNA samples is tested quickly as statutes of limitation are expiring each day keeping cases from ever being prosecuted," the House letter said. "Every untested rape kit is a missed opportunity to solve a crime, and every time we fail to solve a crime we leave the perpetrator free to strike again. "We have an opportunity to solve these crimes and prevent future crimes, and we must take that opportunity." The Senate committee said it based its recommendation to cut and alter the purpose of the money in part on statistics from the Bureau of Justice that indicated the backlog at national forensic science labs was not limited strictly to DNA and that new DNA analysis makes up 2 percent of the labs' requests each year. Shelby's office said the cuts do not indicate that the senator opposes DNA testing. Instead, the reductions were part of the committee's efforts to meet a number of budgetary shortfalls. "I believe it is important that not only DNA testing programs were funded in the appropriations bill, but also other forensic sciences," Shelby said in a prepared statement. "Recognizing the tight budget constraints Congress faces, it was the subcommittee's intent to strike the appropriate balance to ensure that these important programs received funding." The senator's office also cited two groups who supported the relaxing of the funding restrictions. The Consortium of Forensic Science Organizations issued a press release praising the Justice Committee's decision to allow the money to go toward all aspects of forensic science. "Funding DNA only is bad public policy," said Joseph Polski, chairman of the forensic science organization. "DNA is a relatively small part -- less than 5 % of lab work . . It is critical that funding support all aspects of forensic science, because major crimes are solved by a broad spectrum of forensic technology -- not just DNA." The National Association of Medical Examiners also sent a letter, dated Monday, to Shelby's office thanking him for the retainment of the Paul Coverdell Forensic Sciences Improvement Grants, a $22 million apportionment that will go to fund a variety of forensic science programs. "Your commitment to the full spectrum of the forensic sciences rather than simply singling out DNA testing reflects to me your leadership and understanding of how the forensic science community and its partner, the criminal justice system, stand potentially on the edge of an abyss without this support," said Fred B. Jordan, president of the medical examiners association, in the letter. (source: The Tuscaloosa News) SOUTH CAROLINA: Judge warns death row inmate time running out to file suit After spending 6 years on death row for killing his parents, a Rock Hill man says he still hasn't decided if he will file a lawsuit against his trial lawyers and prosecutors or even if he wants a new lawyer. James Robertson was convicted of double murder for beating his parents to death in 1997 with a hammer and baseball bat. Prosecutors claimed Robertson killed Terry and Earl Robertson for their estate of more than $2 million. They say he tried to cover up the crime by making it appear that his parents had been robbed. Robertson had received permission in February to drop all his appeals and be put to death. But with his execution just weeks away, Robertson filed court papers in June saying he deserved a new trial because his defense attorneys were ineffective and prosecutors committed misconduct during his 1999 trial. The South Carolina Supreme Court ruled unanimously to give Robertson time to file the appeal, called post-conviction relief. Robertson told Judge John Few in a hearing in Greenville on Friday that he plans to file the appeal, "but not right away." "I have a year to file ... I have 365 days. Whether I wake up tomorrow or wake up in 350 days and decide to file, I don't know," he said. But Few and Ed Salter of the state Attorney General's Office told Robertson he has just 60 days from the time the lawyer issue is resolved to file a suit, or the Department of Corrections can set a date for execution. Robertson told the judge he was wrong. "That's not the way I read it," he said. Few, appointed by the Supreme Court to handle the post-conviction relief, told Robertson he should have a lawyer. Robertson said he only wants a lawyer who will respect his wishes. If Robertson decides not to get a lawyer, Few then will have to determine if the decision was voluntarily made. York County Judge John C. Hayes III has ruled twice that Robertson was mentally competent to both fire his lawyer and drop his appeal. Few said he would compile a list of lawyers to be sent to Robertson. Robertson on Friday broached the idea of again representing himself through the potential lawsuit. In court in February during a hearing about dropping the appeal, Robertson admitted killing his parents. His reasons for dropping the appeal, not wanting lawyers or waiting to file court documents still remain unclear. The 60-day deadline for Robertson to file a lawsuit begins after the lawyer issue is resolved, Salter said. Another hearing is set for Sept. 23. (source: Associated Press) OKLAHOMA: Man sought in quadruple homicide arrested A man being sought in a Memorial Day quadruple homicide in Oklahoma City was arrested Thursday in McAlester. Alvis Earl Sanders Jr., 23, of Midwest City, is being held on an accessory to murder complaint in the Pittsburg County jail, police said. An arrest warrant had been issued for Sanders earlier Thursday. Oklahoma City police are still seeking Daniel Michael Ashcraft, 26, address unknown, on an identical complaint. Both are suspected of hiding a van in Indiana, said city police Sgt. Charles Phillips. The van may have been used to transport the killer or killers to and from the crime scene. A 3rd man, Arthur James Wilder, 24, of Midwest City, was jailed Tuesday on an accessory complaint. Memorial Day, 3 men and a woman were found dead outside a series of trailer homes near 1800 SE 29. James "Donnie" Swindle Jr., 49; Amy J. Wright, 26; Terry L. Smith, 56; and James D. Alderson, 57, were discovered after partygoers called 911 to report hearing gunshots. Police recovered 37 bullet casings from the crime scene. The ammunition was of a type used in assault rifles. An assault rifle was located when a search warrant was executed at an unknown location. Phillips said Wilder, Sanders and Ashcraft may have known the victims. ****************************** DNA database law expected to strain OSBI resources A new state law will quadruple part of the Oklahoma State Bureau of Investigation's DNA caseload -- but there may not be enough qualified workers to do the job. Senate Bill 646, which takes effect Jan. 1, requires all felons -- newly convicted or already incarcerated -- to provide DNA samples to be entered into a law enforcement database for comparison to DNA from other cases nationwide. The law is expected to increase the number of DNA profiles handled by the OSBI from about 5,000 a year to about 20,000. "This legislation will undoubtedly lead to the capture and conviction of criminals who are committing some of the most horrific crimes," said Sen. Jonathan Nichols, R-Norman, the bill's author and a former Cleveland County prosecutor. Only one OSBI staffer But staffing problems could cause a backlog of cases, limiting the law's effectiveness. Jessica Brown, OSBI spokeswoman, said only one person at OSBI is qualified to enter DNA profiles into the Combined DNA Indexing System, or CODIS. "Our continuing issue with manpower in our laboratories, especially our DNA laboratory, is we hire people and start training them ... and it takes up to three years to get them fully trained," Brown said. "Once they get to that point, they start getting offers from the FBI and private companies who want to hire them." Because the state cannot afford to compete with the federal government or the private sector, she said, most lab hires are recent college graduates with little experience. Recruiting and 1st-year training costs total about $120,000 per hire, she said. New lab workers earn about $30,000 a year. "All of this technology is great at taking criminals off the streets ... but it all comes with a price tag," Brown said. For now, the price may be too steep. Brown said the state has approved the hiring of another senior criminalist to work in the DNA lab, but "we don't have adequate funding to fill our vacancies." That's why the law, which was approved in June, isn't going into effect until January, Nichols said. "OSBI assured us that this would provide them time to secure available federal grants to offset much of the costs," Nichols said. "If there are any remaining costs, the Legislature must be committed to addressing these next session." Federal grants do pick up much of the tab, Brown said. In simple terms, here's how it works: A DNA sample is collected from a felon and sent to a private lab. The lab, paid by federal grant money, analyzes the sample and produces a numerical DNA profile. The profile is submitted to the OSBI on a computer disc, and the data is entered into the CODIS database. The database checks the profile against others in the database. The state database contains about 33,000 profiles. The national database has about 2.4 million. If no match is found, the profile remains in the database for comparison with future entries. If a match is found, the results must be double-checked by OSBI lab workers, who acquire a fresh DNA sample from the felon and perform their own analysis. This currently takes up to 90 days. Felons required to help Brown said the OSBI will ask for -- and expects to receive -- a supplemental appropriation of $650,000 during the next legislative session. In addition, the new law should provide some funding, as felons will be charged $150 apiece to pay for lab work. Oklahoma County Public Defender Bob Ravitz said that section of the law could pose problems. The CODIS database was originally designed to hold DNA profiles of violent and sexual offenders. Under the new law, Ravitz said, shoplifters and other low-level felons will have to pay to have their DNA profiles entered into the same database as murderers and rapists. "That's different from the purpose the database was created for. ... I think that's a general due-process issue," Ravitz said. "My concern is if we stretch it to all felonies, next year we'll stretch it to all misdemeanors, and the year after that to all traffic offenses. Where do you draw the line?" (source for both: The Oklahoman)
