Sept. 9 ARKANSAS: Motions Seek To Bar Death Penalty, Evidence In Springdale Murder Case Lawyers for a Springdale man charged with capital murder have filed a series of pretrial motions regarding jury selection, evidence and the death penalty. Michael Chavez, 18, is charged along with Fernando Navarro, 23, of Springdale with killing David Eual Edwards, 41, on Nov. 26. Both pleaded innocent to capital murder, which is punishable by life in prison or death. Edwards was found in his Park Street apartment, with numerous stab wounds to his back, neck and face, and head injuries, according to police. Police speculate Edwards was killed when he surprised the 2 men as they were attempting to steal his electronic and music equipment. The motions filed Thursday by Chavez's attorney, Doug Coppernoll, ask a judge to find the state's death penalty unconstitutional because it does not allow jurors to show mercy. Another asks the capital murder charge be dismissed because it overlaps with 1st-degree murder, making the charge too vague and a 3rd asks a death qualified jury not be allowed because they may be predisposed to return a death verdict. A death qualified jury is made up of individuals who say they are not opposed to returning a death sentence upon conviction. Chavez also seeks individual, sequestered interviews with potential jurors to assure fairness, honesty and candor that could be suppressed by questioning in open court. Another motion asks to use juror questionnaires. 2 motions seek to suppress statements Chavez gave to police. The motions argue police illegally promised Chavez leniency in exchange for a statement and interviews conducted after Chavez was arrested on an unrelated charge violated his right to due process. They also argue Chavez was illegally detained and was not given appropriate warning of his constitutional rights, including his right not to be a witness against himself. Chavez is asking Sarah Overton, 18, who is charged with hindering apprehension be declared an accomplice in the case. Motions were also filed asking aggravating circumstances be barred along with any evidence of Chavez committing other crimes. A hearing is being requested to determine whether crime scene pictures may be introduced as evidence. Similar motions are expected to be filed on behalf of Navarro. The deadline for motions is Monday. Trial is set for October 24 in Washington County Circuit Court. (source: The Morning News) OHIO: Taft postpones man's execution----Parole board sought new clemency hearing for condemned killer In a rare move for a state where capital punishment has become commonplace, Gov. Bob Taft on Thursday delayed the execution of a condemned killer over questions of whether prosecutors presented inaccurate information at a clemency hearing. The parole board earlier Thursday requested the delay of John Spirko's execution in favor of a 2nd hearing. Spirko, 59, was convicted of killing a northwest Ohio postmistress but says he didn't do it. "Considering the clemency of an inmate sentenced to death is the Parole Board's most serious task," Gary Croft, the parole board chairman, wrote to Taft. The board wants to ensure "that the process of making a death penalty clemency recommendation has your full confidence and the full confidence of the citizens of Ohio." Taft said he supported the parole board's decision to call for a 2nd hearing. He ordered the execution delayed until Nov. 15. The reprieve, only the second of its type by Taft, followed reports that the state presented inaccurate information at Spirko's August clemency hearing. The Plain Dealer reported in Cleveland that Timothy Prichard, director of the attorney general's capital crimes office, made false statements and mischaracterized evidence regarding what Spirko knew about the 1982 murder of Betty Jane Mottinger, 48, and his whereabouts on the day of the killing. After that report, Attorney General Jim Petro defended Prichard's presentation. On Aug. 23, Prichard told the parole board that a description of Mottinger's purse had to have come from Spirko because investigators didn't know what the missing purse looked like. According to the case record, an investigator was given a very similar description of the purse by Mottinger's husband on the day his wife disappeared, 12 weeks before the purse was discussed with Spirko. Taft's decision is the 1st big legal victory for Spirko, whose execution appeared imminent. On Tuesday, U.S. District Judge James Carr turned down Spirko's request for a new trial and a delay, saying there was no reason to believe that investigators fraudulently hid evidence from Spirko's defense team. "This is the right thing to do," Spirko lawyer Alvin Dunn said Thursday of Taft's decision. "I am hopeful that the parole board will take a very careful look at all the facts and all the evidence and view everything with an open mind." Spirko was happy to learn of the delay, which also gives him time to appeal Carr's ruling, Dunn said. Ohio has executed 16 men since resuming executions in 1999, including 7 last year, 2nd in the nation only to Texas. 2 other executions are scheduled this year. Taft, a Republican, has never gone against the parole board's recommendation in a death penalty case. ******************************* Taft grants two-month reprieve for condemned killer While the state is convinced death row inmate John Spirko murdered a small-town postmistress 23 years ago, Ohio's top lawyer also believes another look at the case is justified. Attorney General Jim Petro supports a new parole board hearing for Spirko following Gov. Bob Taft's decision Thursday to delay Spirko's execution by 2 months. To meet all the requirements for due process, "There's a sensitivity to doing the right thing," said Jim Canepa, head of Petro's major crimes division. Taft announced the delay to accommodate the parole board's request for another hearing over questions of whether prosecutors presented inaccurate information at a clemency hearing. Spirko, 59, was convicted of killing Betty Jane Mottinger in 1982 in Elgin but says he didn't do it. His Sept. 20 execution was postponed until Nov. 15. "Considering the clemency of an inmate sentenced to death is the Parole Board's most serious task," Gary Croft, the parole board chairman, wrote in a letter to Taft. The board wants to ensure "that the process of making a death penalty clemency recommendation has your full confidence and the full confidence of the citizens of Ohio," the letter said. The (Cleveland) Plain Dealer reported that Timothy Prichard, director of the attorney general's capital crimes office, made false statements and mischaracterized evidence regarding what Spirko knew about Mottinger's murder and his whereabouts on the day of the killing. On Aug. 23, Prichard told the parole board that a description of Mottinger's purse had to have come from Spirko because investigators didn't know what the missing purse looked like. But according to the case record, an investigator was given a very similar description of the purse by Mottinger's husband on the day his wife disappeared, 12 weeks before investigators discussed the purse with Spirko. On Tuesday, U.S. District Judge James Carr turned down Spirko's request for a new trial and a delay, saying there was no reason to believe that investigators fraudulently hid evidence from Spirko's defense team. "This is the right thing to do," Spirko attorney Alvin Dunn said Thursday of Taft's decision. "I am hopeful that the parole board will take a very careful look at all the facts and all the evidence and view everything with an open mind." In 2003, following the parole board's recommendation, Taft commuted the sentence of Jerome Campbell of Cincinnati to life in prison after questions were raised about evidence introduced at his trial. Spirko was charged after approaching authorities and offering to trade information about the Mottinger case to help his girlfriend who was facing charges in an unrelated case. He told investigators details of the 1982 slaying, including what clothes and jewelry Mottinger was wearing that day. But Spirko's lawyers counter that he thought he was telling authorities what they wanted to hear. They say what he knew came from newspapers and lengthy conversations he had with investigators. A review last month of Spirko's case by The Associated Press found that Spirko faces execution while dozens of other killers charged the same year with similar or worse crimes under Ohio law escaped a death sentence. ON THE NET: Ohio death row: _http://www.drc.state.oh.us/public/deathrow.htm_ (http://www.drc.state.oh.us/public/deathrow.htm) (source for both: Associated Press) LOUISIANA: Death penalty foe to relocate Death penalty activist Sister Helen Prejean is relocating her home and office from New Orleans--where both are under water--to Baton Rouge after fleeing before Katrina came ashore. On Thursday, she was in Orlando, Fla., addressing public defenders about her opposition to the death penalty. Members of her order, the Sisters of St. Joseph of Medaille, also left just before the storm. The order's home is flooded. "I am comparing the death penalty system to the levees in New Orleans," she said. "They told us they would work, but they didn't." Prejean is scheduled to be at Loyola University in Chicago on Monday for a performance of the play based on her book "Dead Man Walking." (source: Chicago Tribune) WASHINGTON: Death penalty cases weigh heavily on Pierce County Pierce County has more potential death penalty cases pending than the rest of the state combined, and more could be on the way. Prosecutors in recent weeks have filed 5 aggravated 1st-degree murder charges, bringing the countys total of cases in which Prosecutor Gerry Horne either will or might seek execution to 8. Those might not be all. Sheriffs detectives still are looking for more people involved in what they believe was a gang-initiation killing in Spanaway in late July. Other counties have a total of 6 pending cases, according to the Washington Death Penalty Assistance Center. Snohomish, Yakima, Benton and Mason counties have 1 each. Klickitat County has 2. "Pierce County's back in the thick of it," said Jack Hill, head of the county's Department of Assigned Counsel. So many cases could mean trouble in terms of finding qualified local attorneys to represent all the defendants, investigators to work the cases and money to pay for all of it. Death penalty cases cost more because each side is particularly careful to explore every legal issue when someone's life is at stake. There are more experts and more investigations. "These cases are complex," said Mark Larranaga, president of the Death Penalty Assistance Center, which works to see that defendants get effective representation. "If it's death and it goes to trial, it takes an average of a couple of years." The case of serial killer Robert Lee Yates Jr. - the last trial in which Horne sought death - cost $611,000 for defense attorneys, investigators, experts and transcripts from 2000 to 2002. Prosecutors spent more than $165,000, not including the salaries of 3 attorneys during that time. By comparison, Horne didn't seek the death penalty in the case of Kurtis Monschke, who was convicted last year in the white supremacist murder of Randall Townsend in 2003. His defense cost $125,113. When the county must ask attorneys from elsewhere to take a death penalty case, it means more money for travel costs and sometimes for fees. Other counties pay more for attorneys involved in capital cases, and some lawyers hesitate to take cases for Pierce Countys rate of $70 an hour $5 an hour less than the state average. "I don't think its a fair wage for what we're asked to do," said Mary Kay High, who is defending one Pierce County case and helped represent Yates. "I think they're going to have a very difficult time finding out-of-county attorneys who will take (the cases)." attorneys must be state-approved Not just any attorney can handle a death penalty case. To ensure an effective defense, the state Supreme Court has said at least 1 of the 2 defense attorneys required in a death penalty case come from a statewide list of qualified lawyers. They must apply to be on the list, have significant experience with criminal defense, have worked on complex cases involving expert testimony and have already worked with another attorney on a death penalty case. Pierce County has 12 attorneys on the statewide list of 49. All are either assigned to one of the death penalty cases or are unavailable. 2 of Pierce Countys death penalty attorneys, High and Judy Mandel, are representing William Schorr and Jeremy Hosford, who have been charged as accomplices in the slaying of Snap-On Tools truck driver Bob Shapel. Of the 8 potential death penalty cases, this is the only one in which Horne has decided to seek death. Private attorney Monte Hester agreed to take the case of Patrick Piccolo, charged with killing his estranged wife and her friend and putting their bodies in the Columbia River. Hill had planned to have Dino Sepe and Ray Thoenig, senior attorneys with the Department of Assigned Counsel, represent Joshua Owen, whos accused of being a Spanaway gang leader and of ordering the death of Clifton Nelson. Nelson was killed July 20 in Spanaway. Now, Hill might take one off the case to instead represent Shawn James, charged Aug. 29 with killing his estranged girlfriend, Patricia Smith. Alternately, he could assign James case to another department lawyer, Michael Kawamura. Private attorney Philip Thornton will represent Owens friend and co-defendant, Terrance Scott. Michael Schwartz, who also has his own practice, has agreed to represent David Steven Sanchez Ramos, also charged in Nelsons death. If more charges are filed in the Spanaway shooting, the assigned counsel department will have to ask a private attorney to handle them because public defenders cant represent two defendants in the same case. The situation would be worse if Cecil Davis attorney wasnt already an out-of-county lawyer, Kitsap Countys Ron Ness. Ness often takes Pierce County cases. Davis was convicted in 1998 and sentenced to die for raping, robbing and suffocating 65-year-old Yoshiko Couch in 1997 in Tacoma. The state Supreme Court overturned his death sentence because a juror saw him shackled during his trial. He is awaiting trial. The rest of the dozen attorneys on the list wouldnt be available to take a case. Linda Sullivan and Russell Leonard are federal public defenders and dont handle county cases. Douglas Tufts is retired. Zenon Olbertz already has a death penalty case in Mason County. standard of tough charges Its not unusual for Pierce County to have more pending death cases than any other county. Since 1981, Pierce has most often sought the punishment, said Larranaga of the Death Penalty Assistance Center. Of 44 convictions for aggravated 1st-degree murder in Pierce County during that time, the county sought the defendant's execution in 23 - or 52 % of the cases. King County sought death in 15 - 25 % - of its 61 convictions. Snohomish County sought death in 6 - 26 % - of its 23 convictions. Larranaga, who is a King County defense attorney on the states list of "death-qualified" lawyers, said it's impossible to know whether Pierce County's numbers come from a philosophical distinction or a higher-than-usual rate of violent crime. But he points out that the Yates case is a good example. The serial killer slayed 14 women and one man in Pierce, Spokane, Skagit and Walla Walla counties. "Other counties decided not to seek death, and Pierce County decided to," he said. Jerry Costello, Horne's chief criminal deputy prosecutor, said that since 1993, the county has sought execution in 14 - or 20 % - of the 70 aggravated 1st-degree murder cases charged. In some of those cases, prosecutors could not have sought the death penalty because the person charged was a juvenile, died or ended up being unable to stand trial. Costello said it's long been the office's standard to bring the most serious charge that the evidence will support. Some prosecutors in other counties bring lesser charges and then make them harsher if or when more evidence comes or plea negotiations break down, Costello said. Pierce prosecutors file the highest charge possible and amend it if necessary. "When it comes to aggravated murders," Costello said, "if that's what the evidence supports, that's what were going to charge. And if it results in a high number of cases getting filed in the short term, then that's what happens." Costello said he realizes finding attorneys to defend so many people is a problem. "But we can't have our charging decisions influenced by the challenges faced by providing indigent defense," he said. "In the end, it's not a dollars-and-cents analysis. It's a statutory analysis in terms of whether to seek the death sentence, and an analysis of the individual's background and what occurred." Schwartz said Horne's decisions about the death penalty are too emotional. "Just because a case may fit the criteria under the statute doesnt mean it should be charged as aggravated," he said. "They're acting as if its their duty to charge. The courts have given them discretion." The assigned counsel departments problems might be solved if Horne decides not to seek death in some of the cases. Typically, Hill said, as a case progresses, prosecutors and defense lawyers talk about whats likely and get to save time, money and energy. "Sometimes," he said, "we have a sense that the case just doesnt have a feel of the death penalty about it." about the crime Aggravated 1st-degree murder is the states highest crime and the only one punishable by death or life in prison. Its defined as a premeditated murder made worse than most by being accompanied by one of several "aggravating" factors described in state law. The most common are that the murder was committed in the course of a robbery or a rape. Others include killing a police officer, killing to enhance status in a gang or killing as part of a common scheme. After someone is charged with the crime, the prosecutor decides whether to seek execution or life in prison without the possibility of release. The decision is based in part on information about the defendant's background or mental health. (source: The News Tribune)
