Sept. 27


OHIO----execution/volunteer

Volunteer executed in 1996 beating death of man


A man who said he deserved to die was executed Tuesday for luring a man
into an alley in 1996 and beating him to death for $40.

Herman Dale Ashworth, 32, was the 4th death row inmate since 1999 to drop
his appeals to speed his execution. He was pronounced dead at 10:19 a.m.
at the Southern Ohio Correctional Facility.

Ashworth pleaded guilty in 1997 to the slaying of Daniel Baker, 40, of
Newark, who was beaten so badly a deputy coroner said his injuries were
consistent with a high-speed traffic accident or plane crash.

Ashworth and Baker, who had never met before, had a few drinks and were
walking to a bar when Ashworth called Baker over to an alley and beat him
with his fists and a 6-foot board and kicked him, according to court
documents and Ashworth's interview with police.

Ashworth becomes the 2nd condemned inmate to be put to death this year in
Ohio, and the 17th overall since the state resumed capital punishment in
1999.

Ashworth becomes the 40th condemned inmate to be put to death this year in
the USA and the 984th overall since America resumed executions on January
17, 1977.

(sources: Associated Press & Rick Halperin)

*********************

4 families testify that impact of crime in 1991 still lingers


They sat before the Ohio Parole Board, a living, grieving wall of pain. In
addition to their tears, the 4 women had something else in common:
convicted Youngstown killer Willie "Flip" Williams Jr. had taken a son or
a brother from them.

"All this killin' got to stop from somewhere," said Earlina Gilford,
sister of William Lamont Dent, one of four victims slain execution-style
by Williams on Sept. 1, 1991, in Kimmel Brooks, a housing project.

"We need to tell these young people, "You can't keep taking peoples'
lives."

Williams, 49, who is scheduled to be executed Oct. 25, did not ask for
mercy yesterday from the parole board or Gov. Bob Taft, who has ultimate
clemency authority under Ohio law. Joe Wilhelm, of the Ohio public
defender's office, said Williams decided several weeks ago not to seek
clemency when he refused a parole board interview.

"I would love to sit here before the board and make impassioned arguments
on his behalf, based on my personal beliefs and what I believe would be
better for society," Wilhelm said. "But, unfortunately, that's not my role
before the board."

Instead, Wilhelm listened as Mahoning County Prosecutor Paul Gains called
Williams "unsalvageable." He said if not executed, Williams would "pose a
clear and present danger to every inmate in the general population."

Ken Bailey, a former Mahoning County prosecutor now in Trumbull County,
said Williams' ambition was to become "the black godfather of Youngstown."
Along the way, he killed at least 14 people, Bailey said.

Williams was convicted and sentenced to death for murdering Dent, 23; Eric
Howard, 20; Alfonda Madison, 21; and Theodore Wynn, 23.

Carol Ellensohn, an assistant Ohio attorney general, said Williams, after
being released from prison in California, concocted a plot to kill the men
as part of his master plan to retake control of drug trafficking in the
Youngstown project.

Enlisting the aid of three juveniles, Williams trapped or lured the men
inside Madison's apartment. He handcuffed them, strangled them with
electric cords and plastic bags, then shot each in the head.

"I'll see you in hell," he told one victim, Ellensohn reported to the
parole board.

Williams was arrested on unrelated charges, but escaped from jail and was
at large for three months. In the meantime, his juvenile accomplices were
picked up and began telling the story of the quadruple murders.

Williams, heavily armed with weapons and explosives, then assaulted the
Mahoning County Juvenile Justice Center in an effort to silence the 3
juveniles. He eventually surrendered.

He was tried, convicted and sentenced to death for all 4 murders on Aug.
11, 1993.

Tawanna Madison, the sister of Alfonda Madison, recounted how their mother
suffered a heart attack while waiting to identify her son's body.

Although her mother lived until 1997, Madison is convinced she "died of a
broken heart" that September day.

Donna Wynn, mother of victim Theodore Wynn, read from a letter written by
Theodore Edward Dozier, the slain man's 13-year-old son, born after his
father's murder.

" . . . sometimes I want to do the things that dads do with their sons,
like playing football, softball," Dozier wrote. "Growing up without a
father my life will never be the same nor I will never experience that
father type of love that all boys should experience."

For Gilford, the pain goes beyond her brother, consuming her entire family
in a endless sea of loss.

"When he left this life," she said, "our whole life just went into a
corner.

We can't get back to find each other."

(source: Columbus Dispatch)

********************

Man set to die for 4 killings decides not to pursue clemency


One by one, the women told the Ohio Parole Board a version of the same
story, how the murder of 4 men is still tearing their families apart 14
years later. "Every time we get together, we're still feeling this pain
and this hurt from Buck, because he was the light and the love of our
life," said Earlina Gilford. "When Buck died, it was like we lost each
other."

William Dent, whose nickname was Buck, was 1 of 4 men shot to death at a
Youngstown housing project in 1991.

Willie Williams Jr., convicted in those killings and sentenced to die next
month, did not ask for mercy Monday.

Williams, 48, instructed the state public defender not to make any
presentation on his behalf at a clemency hearing held by the Ohio Parole
Board.

"My client has decided not to formally pursue clemency," Joe Wilhelm,
chief counsel of the public defender's death penalty division, told the
parole board.

"I would love to sit here before the board and make impassioned arguments
on his behalf, based on my personal beliefs and what I believe would be
better for society," Wilhelm said. "But unfortunately, that's not my role
before the board."

The 6th U.S. Circuit Court of Appeals rejected Williams' request last year
to overturn his conviction and grant a new trial.

The 2-1 decision said Williams failed to present evidence to support his
claim that the jury was biased toward capital punishment.

A dissenting judge said he would have thrown out the conviction because it
appeared that the trial court allowed the prosecutor to load the jury with
jurors who said they favored the death penalty.

The U.S. Supreme Court declined to hear an appeal of that decision, and
Williams has no appeals left, Wilhelm said.

Williams planned to kill three alleged drug dealers, Alfonda Madison, Dent
and Eric Howard, because he wanted to regain control of drug trafficking
at the housing project, according to the Ohio Supreme Court decision
upholding Williams' death sentence.

The death of Madison, a father of 3, devastated the family and in
particular his mother, sister Tawanna Madison said.

A 4th man, Theodore Wynn Jr., a recently discharged Air Force sergeant,
was killed after stopping by Madison's house on a visit, according to
court documents, prosecutors and police.

Wynn had no involvement with dealing drugs and "just happened to be in the
wrong place at the wrong time," said William Blanchard, a Youngstown
police detective.

(source: Associated Press)

*****************************

Death Penalty hot topic at Union----Capital punishment program clears up
misunderstandings


Any and all volatile debate over the issue of capital punishment was
checked at the door of Union 208 last night, as statistical facts about
the hot topic were offered to the campus community.

The program, titled "Deterrence in Capital Punishment," was open to the
public to further inform citizens of Bowling Green and the University
about the death penalty.

But the seriousness of this issue is often overlooked by the public,
according to Marian Williams, associate professor of the Criminal Justice
Program.

"Capital Punishment is the ultimate punishment," Williams said. "It would
be beneficial for the public to understand some of the perplexities
involved in sentencing someone to death, not just the process but the race
and class deterrent issues as well."

Williams and her colleague Jeff Holcomb, an assistant professor of
Criminal Justice, were asked to present some useful facts about the
process of the death penalty, and how its viewed from the federal and
state aspect.

For Williams and Holcomb, the knowledge they gained about the death
penalty for their presentation came only after many long hours of homework
on the subject.

"The research came from doing literature review on past research that has
been conducted, and doing our own research through the state of Ohio,"
Williams said.

Williams and Holcomb gave details about the death penalty in the United
States and in the state of Ohio as a comparison.

They discussed cases involving the death penalty in the Supreme Court, and
what qualifies as a death-eligible offense.

They also discussed moral justifications, race and deterrence issues
involving the death penalty.

For example, according to Williams resources and findings, the race of a
defendant does not play a specific role in determining where the case is a
death-eligible offense.

But the race of a victim is more important.

According to their research, defendants who kill a white victim are more
likely to be convicted and sentenced than one who kills an
African-American victim.

With the skin and bones of capital punishment bared for audience members
to examine, Dietra Suter, a graduate student majoring in criminology,
found the presentation easily understandable for novices - and therefore
impressive.

"It was very informative for the public," Suter said. "It was really
helpful to teach people about exactly how the death penalty operates as an
instrument of our government."

With roughly 30 people in attendance, Kim Jacobs, associate director for
Programs and Services and coordinator for the presentation, was excited to
see so many students and faculty members interested.

"The turnout was bigger than what I thought it would be. I was surprised!"
Williams said.

With the initial idea for a death penalty presentation created last March,
Jacobs was happy that the small program had such a big turnout.

"We felt that capital punishment might be of interest to the community,"
Jacobs said. "It just became a matter of finding faculty at BGSU that was
their area of expertise to inform them."

(source: Bowling Green News)






NORTH CAROLINA:

Janet Reno speaks at Duke on death penalty, past decisions


Deciding whether to uphold the death penalty was the most difficult
ethical issue she has confronted, former U.S. Attorney General Janet Reno
said during a lecture Monday.

Reno, who is opposed to capital punishment, said the death penalty "goes
against the value of human life."

Named by President Clinton as the 1st female U.S. Attorney General, Reno
spoke to a packed lecture hall at the Duke University School of Law on
current legal issues and some of her past decisions.

Concerned by what she termed a rejection of science in America, the
Harvard Law School grad and former Dade County, Fla. state attorney said
she supported stem cell research. Reno, who has Parkinson's disease, added
that research in the field would allow the United States to "stay in the
ball game and not fall behind England and other countries."

Reno also spoke about 2 moments in her career for which she has been
heavily criticized - the Branch Davidian standoff in Waco, Texas, and the
Elian Gonzalez saga.

"It was a dangerous situation," said Reno of the Waco incident in which
about 70 people died. "The tragedy is that we will never know what was the
right thing to do."

The Elian Gonzalez case was another situation in which Reno authorized the
use of force, ordering government agencies to return the 6-year-old
refugee to his father in Cuba. But in that instance, she said, she
welcomed negative response to her decision.

"I felt joyful at the public's criticism. People come to the country for
free speech. It's what America is all about," Reno said.

(source: Associated Press)






TEXAS:

Son an early suspect in family's slaying -- Police say he's linked to
previous plots that failed


The man accused of arranging the deaths of his mother and brother in a
plot to inherit money was a suspect from almost the start of the
investigation, court documents show.

Thomas "Bart" Whitaker, who made his 1st court appearance Monday, became
the focus of the probe shortly after the killings took place on the night
of Dec. 10, 2003.

"A number of individuals came forward indicating that Bart Whitaker had
approached them to assist him in killing his family on prior occasions,"
Fort Bend County prosecutors state in court documents.

Whitaker is charged with capital murder in the deaths of his mother,
Patricia, and brother, Kevin. He and his father, Kent Whitaker, 56, were
wounded, but recovered.

Whitaker, 25, was arrested Thursday in Laredo, Sugar Land police said.

Wearing a dark blue jail jumpsuit and chains on his legs and wrists, he
appeared before Associate Judge Harold Kennedy in a magistrate's hearing.
He is being held without bail.

Whitaker is the third suspect arrested and charged. Chris Brashear, 23,
was arrested Sept. 12, and Steven Champagne, 23, was arrested Sept. 14.
They also are charged with capital murder.

Sugar Land police said that, because the previous alleged plots to kill
the family had involved Whitaker's roommates or close friends while he
attended Baylor University, investigators immediately looked at Brashear,
who shared a townhome with him in Willis.

The investigation led to Champagne, who lived in the same complex.

Police said Champagne told them Whitaker had asked him to kill his family.
He said he refused, but Whitaker asked him to drive the getaway car for
the gunman, Brashear.

The trio drove to the Whitaker home in the 1100 block of Heron Way on the
afternoon of Dec. 10, police said. Whitaker and his family went to dinner,
officers said, while Brashear waited in the house.

When the Whitakers walked into the house, police said, Brashear opened
fire with a 9 mm pistol. Patricia Whitaker, 51, and Kevin Whitaker, 19,
were shot in the chest and died. Kent Whitaker was hit in the arm.

Police said Whitaker hoped to inherit more than $1 million with the deaths
of his family. They added that this was at least the 3rd time he had
planned the slayings.

Officers said Sunday that, in December 2000, Whitaker conspired in a
murder plot with two acquaintances at Baylor.

That plan was aborted after a co-conspirator activated the alarm system at
the Whitaker residence, police said.

Whitaker conspired with three acquaintances from Baylor in April 2001,
investigators said, but the plot was discovered and reported to Waco
police.

Officers alerted Sugar Land police, who contacted the Whitaker family, but
police said the family did not consider the information credible.

Bart Whitaker left town in July 2004, saying he was innocent but feared he
would be charged with the killings. Police said they believe he had been
living in Mexico since then.

(source: Houston Chronicle)






IOWA----female faces federal death sentence

Woman convicted in slayings asks for investigation


In Iowa City, Angela Johnson, who faces the death penalty for helping her
drug dealing boyfriend kill 5 people in 1993, wants a federal judge to
investigate allegations of misconduct by one of the jurors who decided her
fate.

Johnson, 41, was convicted in June of 10 counts of aiding and abetting
Dustin Honken in the execution-style slayings of three adults and two
children near Mason City in an attempt to undermine a federal
investigation into Honken's methamphetamine business.

The jury recommended the death penalty, a punishment that is binding on
U.S. District Judge Mark Bennett. A sentencing date will be scheduled once
Johnson exhausts her initial round of appeals.

Last month, Johnson's attorneys filed a motion for a new trial, contending
the evidence presented by prosecutors was insufficient to prove her
involvement beyond a reasonable doubt and that Bennett erred by refusing
to move the trial from Sioux City.

Now, defense attorneys say a post-trial interview with one of the jurors
has raised questions of juror misconduct during the penalty phase of the
case.

Johnson's attorneys say the juror - a male referred to as Juror No. 55 -
actively sought out and obtained information from a prison guard while
visiting a relative in a federal penitentiary about the difference in
living conditions for inmates serving life and death sentences, according
to court papers.

They also accuse Juror No. 55 of telling fellow jurors during penalty
deliberations that the verdict was not the final decision, that Angela
Johnson would have as many as 3 automatic appeals and "we just set the
stage that she acts upon," court papers said.

The juror, who boasted of once working in law enforcement, volunteered the
statements to a member of Johnson's legal team during a 45-minute
conversation after the trial, according to an affidavit.

"The information about the juror's perception of automatic appeals and the
jury not being the final decision-maker shows how the improperly obtained
information from the prison guard played in the decision," defense
attorneys wrote in a brief filed Monday.

"The jury wanted Angela Johnson on death row in solitary confinement,
apparently believing that the decision to place her there was not a vote
so much on life vs. death, but a vote on her prison conditions pending
appeals and other judicial reviews of their verdict."

Johnson is represented by Alfred Willett, of Cedar Rapids, Patrick
Berrigan of Kansas City, Mo., and Dean Stowers of Des Moines.

The defense wants Bennett to schedule an evidentiary hearing to look
deeper into the issue, but federal prosecutors disagree.

Assistant U.S. Attorney C.J. Williams said the defense failed to show how
the juror's opinions unfairly prejudiced deliberations and accused the
defense of breaking court rules by interviewing the juror.

If sentenced to death, Johnson could be the 1st woman executed on federal
death row since December 1953.

Honken was convicted last fall in the killings. The jury also recommended
the death penalty for him. He's scheduled to be sentenced next month by
Bennett.

Honken and Johnson were dating in 1993 when they conspired to kill Greg
Nicholson and Terry DeGeus, both former Honken dealers who agreed to
testify against him. Nicholson was killed along with his girlfriend, Lori
Duncan, and her 2 daughters, Kandi, 10 and 6-year-old Amber.

Their bodies were unearthed from 2 separate graves outside Mason City in
the fall of 2000.

(source: Associated Press)



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