Oct. 18 TEXAS----female faces possible death sentence Nanny could be charged with capital murder Authorities said Monday they will seek capital murder charges against a nanny suspected in the beating death last week of a 14-month-old McKinney boy who was in her care. Capt. Randy Rowland, a police spokesman, said Kyle Lazarchik died at 8 p.m. Saturday at Children's Medical Center in Dallas where he was transported on Thursday by helicopter ambulance. Police and firefighters were dispatched to the boy's home in the 1100 block of Woodhaven Drive in McKinney about 12:30 p.m. after his nanny, Ada Betty Cuadros Fernandez, 27, called his mother to say he was vomiting and not breathing. But at the hospital, Rowland said, doctors determined the boy "suffered blunt force trauma to the head." Rowland said detectives interviewed the nanny, a native of Peru, and obtained an arrest warrant "after realizing her story was inconsistent with medical reports received from the hospital." The woman, who also cared for the victim's twin brother and 3-year-old sister, was charged with injury to a child, a second-degree felony, Rowland said. She remains in the Collin County Jail with bond set at $500,000. Rowland said police are now working with prosecutors to increase the charges to capital murder, which can be applied if a person is accused of killing a child under age 6. The person is eligible for the death penalty, if convicted. Rowland said there was no evidence of violence against the other children. Marissa Gonzales, spokeswoman for Child Protective Services, Monday said the agency has started its own investigation. She said CPS has no records on the nanny. Gonzales cautioned parents to conduct extensive background checks on prospective child-care providers. But she added, "It appears these parents were very careful about the selection of their nanny." (source: Fort Worth Star-Telegram) ARIZONA: New sentencing ordered for convicted killer given death penalty A federal appeals court has overturned the death sentence of convicted murderer Warren Wesley Summerlin for the second time, saying he is entitled to a new hearing because of ineffective counsel. In a case that has gone back and forth on appeal for more than 2 decades, the 9th U.S. Circuit Court of Appeals in San Francisco found Summerlin did not receive effective legal assistance during his sentencing. "Failure to review evidence the attorney knows the state will produce at a penalty phase trial falls below an objective standard of reasonableness for performance in preparing" for a defense, Judge Sidney Thomas wrote. The court also found that Summerlin's lawyer failed to present mitigation evidence on an aggravated assault conviction - one of the factors that contributed to a death sentence. Its order sends the case back to U.S. District Court, with instructions to grant a writ of habeas corpus unless Arizona begins resentencing proceedings "within a reasonable time to be determined" by the federal court. The U.S. Supreme Court also could intervene if the state appeals. The court-appointed lawyer who defended Summerlin at the death penalty hearing "utterly failed in his duty to investigate and develop potential mitigating evidence for presentation at the penalty phase," the appellate court found. "An adequate investigation would have revealed that Summerlin had been diagnosed as a paranoid schizophrenic and treated with anti-psychotic medication." It also said the lawyer, Phoenix attorney George Klink, did not develop any mental health defense himself but relied on information that Summerlin's earlier attorney uncovered. Klink declined comment. Summerlin was convicted of the 1981 murder in Phoenix of Brenna Bailey, a loan collection officer whose body was found bludgeoned and raped in the trunk of her car. A day earlier, she had visited Summerlin's home to talk to his wife about an overdue payment for a piano. Kent Cattani, an assistant Arizona attorney general in charge of death row appeals, said his office is considering filing another appeal to the U.S. Supreme Court, and should have a decision within a week. The trial judge, Philip Marquardt, decided that additional mitigation evidence presented at a post-conviction hearing would not have mattered, and that Summerlin had not been prejudiced by Klink's performance, Cattani said. Marquardt later lost his job because of a drug conviction after acknowledging he was addicted to marijuana. In addition, Summerlin's first lawyer and the prosecutor had a sexual relationship - which Summerlin did not learn about until later, long after a deal that would have kept him off death row fell through. "We're happy that we prevailed, that the court saw the inequities and problems with the proceedings that resulted in Mr. Summerlin's death penalty," said federal public defender Ken Murray, who was Summerlin's Supreme Court attorney. "This is the third time we've prevailed in the 9th Circuit." He said he hopes the attorney general's staff "see fit to see this end here" with a new sentencing hearing and no further appeal. A new state-qualified death penalty attorney would have to be appointed for a new sentencing mitigation phase, Murray said. The case is Summerlin v. Schriro, No. 98-99002. D.C. No. CV-86-00584-ROS. (source: Associated Press) FLORIDA: Testimony: Green said fatal spree 'like a rush'----Defense expected to present case today During the murder trial of Ryan Thomas Green on Monday, the defendant's brother testified that Green said his February 2003 shooting spree "felt like a rush." Aaron Green, 20, told the 12-member jury what Ryan Green confessed to him on the afternoon of Feb. 23, 2003 -- hours after house painter Christopher Phipps and retired Pensacola police Sgt. James Hallman were each shot in the head with a .40-caliber pistol taken from Phipps' home. "He said it was not like he'd seen on 'Scarface,'" Aaron Green said. "He said the gun made a 'clack' sound." Ryan Green, who is relying on an insanity defense and taking psychotropic medication, displayed no emotion during the proceedings. He was found incompetent to stand trial in January 2004 and was sent to the Florida State Hospital. He was declared competent in October 2004. Assistant State Attorney David Rimmer is seeking the death penalty against Green, 22, who is charged with first-degree murder in the death of Hallman and the attempted murder of Phipps, who survived but suffered extensive physical and brain injuries and uses a wheelchair. Green also is charged with robbery with a firearm. He is accused of shooting Phipps, 29, in his Ferry Pass home, stealing his Ford Thunderbird and driving to West Kingsfield Road, where he shot Hallman, 59, who was out for his morning walk. Dianne Hallman's voice broke as she identified pictures of the clothing her husband wore that morning and the Walkman and golf club that he carried with him on his walks. The jury was prohibited from hearing that Hallman was a retired police officer. Dianne Hallman, Phipps and about 35 friends and family members of the victims and defendant crowded into Circuit Judge John Kuder's courtroom, where some witnesses testified Monday that Green had been behaving oddly in the months leading up to the shootings. Aaron Green and Brian Lockwood, a friend who was visiting from out-of-town the weekend of the shooting, testified that Ryan Green told them he shot Hallman because he "didn't want any witnesses." Before shooting Hallman, he had shot a bull in a pasture near where Hallman was walking and then stopped the car to ask Hallman for directions, the two men testified. "He didn't want anyone to see him shooting the (animal)," Aaron Green said. Aaron Green and Lockwood also testified that Ryan Green told them he shot Phipps as a drug-related favor for Phipps' uncle and a childhood friend of the Green brothers. Although both men were questioned extensively about the shooting, charges never were brought against either, said John Sanderson, then an investigator with the Escambia County Sheriff's Office. Sanderson now is an investigator for the State Attorney's Office. On cross-examination by defense attorney Chris Ross, Lockwood said he initially did not believe Ryan Green when he told him he had killed two people. His friend's behavior had been erratic, and he recently had seen Green light a table on fire for no reason, Lockwood said. "Ryan, for probably the past year before this, had stayed up all night, talked a bunch of nonsense; just crazy stuff, a bunch of gibberish," he said. "Nobody in his right mind would do some of the stuff Ryan did." The prosecution rested Monday. The defense is expected to start presenting its case this morning. (source: Pensacola News) VIRGINIA: Prosecutors Seeking Death Penalty -- Man Indicted In Infants Death On Monday, the state said it will seek the death penalty for a man charged with strangling a 17-month-old boy left in his care. Commonwealths Attorney Marsha Garsts announcement came hours after a Rockingham County Circuit grand jury indicted Clifford Donald Lamb, 23, on a charge of capital murder. Prosecutors say that on April 4 Lamb strangled Ikarius Layden Chandler Kubin with a cord torn from a mattress, after several attempts to silence the screaming child failed. At the time, police say, Lamb was living with the babys mother at an apartment in the Deer Run apartment complex. At first, Lamb thought the infant was unconscious, police say, but he returned later and found him dead. Trial Date Set Lamb sat in circuit court Monday, staring at the floor, as his two attorneys scheduled their clients case with Judge John McGrath. They set a weeklong trial for May 1. But Lambs lead counsel, Chris Kowalczuk, from Roanoke, said three days of pre-trial hearings would also be needed for the capital defense. McGrath will begin hearing pre-trial arguments at 1:30 p.m. Dec. 1. Bruce Albertson, of Harrisonburg, is assisting with Lambs defense. The team has already filed 3 requests with the court in preparation for the May trial, Kowalczuk said. Theyve asked for a mitigation specialist, an expert investigator and a mental health expert, Kowalczuk said in court Monday. Garst also asked for a mental health expert to help with the prosecutions case. Preliminary Hearing In Juvenile Court Previous hearings have been in the Harrisonburg-Rockingham Juvenile and Domestic Relations Court because Lamb lived with the infant and the childs mother. Last month, Judge Marvin Hillsman moved proceedings from domestic relations court to circuit court after a preliminary hearing. During that hearing, an investigator with the Harrisonburg Police Department recounted the series of interviews that led to Lambs arrest. Lamb and the infants mother, were questioned at Rockingham Memorial Hospital, according to James Fetterman, an investigator with the Harrisonburg Police Department, who testified at the hearing. The interview, which occurred soon after the child was taken to the hospital, was routine procedure any time a child under 18 months dies, Fetterman said. But after a medical examiner found the infant had been strangled, Lamb and the childs mother were summoned to the police department, Fetterman testified. Lamb came voluntarily and asked to take a test to prove his innocence, Fetterman testified. The officer didnt specify that the test was a polygraph exam, but said that afterward, Lamb confessed to strangling the infant. During cross-examination, Kowalczuk asked the officer when Lamb had been advised of his right to remain silent. Fetterman said Lamb wasnt read his rights until he was arrested, but said he was told he was free to leave. Lamb Competent To Stand Trial Before the preliminary hearing, Hillsman ruled that Lamb was competent to stand trial and assist in his own defense. That decision came after a sealed psychiatric evaluation of the defendant was admitted into the case file as evidence. During the preliminary hearing, Lamb sat and scribbled notes. Several times during Fettermans testimony, Lamb shook his head in frustration. (source: Daily News Record) ******************* Kilgore ads hit Kaine on death penalty----Potts says the GOP candidate is stealing the focus from more important issues. Republican Jerry Kilgore continued to press his case Monday that Democrat Tim Kaine is soft on the death penalty, trying to keep the issue on center stage for another day. The 3rd candidate in the race had his own message: Cool it. Sen. Russ Potts, who is running as an independent, says the death penalty debate has been overplayed since last week, when Kilgore rolled out 2 attack ads. Both ads criticize Kaine as someone who can't be trusted to enforce Virginia's death penalty. One says Kaine would not have supported the death penalty for Adolf Hitler. "I'm very, very concerned that this campaign is deteriorating," said Potts, a strong supporter of the death penalty. He says the explosive ads are detracting from more important issues such as transportation, education and health care. Kilgore promised to broadcast of a mix of ads as the campaign enters its final 3 weeks. He will focus on jobs, education and transportation. He even has a humorous spot featuring his twin brother, Terry. But he's not ignoring capital punishment. Kaine, a Roman Catholic, says he is personally opposed to the death penalty but he would carry out death sentences because he takes an oath to uphold the law. Kilgore, a former prosecutor and a strong advocate of the death penalty, says Kaine shouldn't get away with what amounts to a 2-sided position. On Monday, Kilgore appeared before reporters flanked by an enlarged newspaper photo of a young Kaine appearing at an anti-death penalty rally, and blow-ups of legal documents where Kaine represented death row inmates. Kilgore spotlighted the case of Richard Lee Whitley, who was executed in 1987 after he confessed to strangling a 63-year-old woman, slashing her throat and sexually assaulting her with 2 umbrellas. According to a newspaper account, the Whitley case occupied a large part of Kaine's early career as a lawyer. Kaine completed about 1,000 hours of legal work, most of it for free. "It is who he was," Kilgore said. "It is who he is." Kilgore continues to stand by his ads, including the one that makes the Hitler claim. Invoking the image of Hitler has brought complaints from Jewish leaders, who said Kilgore was trivializing the Holocaust with a TV ad. The claim, voiced by a Kilgore supporter who lost a son and daughter-in-law to murder, is based on comments that Kaine made in an interview at the Richmond Times-Dispatch. Kaine was asked if dictators such as Hitler, Josef Stalin or Idi Amin deserved the death penalty. He gave a lengthy reply, saying that God grants life and God takes it away, but that they may have deserved the death penalty. Afterwards, Kaine said he thought the question focused on his personal belief, not whether he would actually carry out that death sentence. Kaine will continue to stress a broad array of issues down the stretch, said spokeswoman Delacey Skinner. The death penalty ads have certainly grabbed attention, but part of that was due to the uproar over whether the ads crossed the boundaries of taste and sensitivity. "I don't know," she said, "whether it was the silver bullet they were hoping it would be." (source: Daily Press) USA: US death penalty 'woefully short of justice': report Jurors in US death penalty cases are often excluded because of race and gender, are not shown critical evidence and tend to be conviction prone, the Death Penalty Information Center (DPIC) said, on Tuesday, in a report. "While most Americans never serve on a capital jury," the report said, "everyone is affected by a system that fails to respect those who do serve and that falls woefully short of justice." With the number of executions nearing 1,000 nationwide since the US Supreme Court reinstated capital punishment in 1976 -- 12 US states have not adopted it -- the DPIC found US juries are increasingly reluctant to vote for death. Of 37 people freed from death row since 2000, 23 had been convicted because of "misconduct in misinforming the juries," said the DPIC report, "Blind justice: Juries Deciding Life and Death with Only Half the Truth." In the past 5 years, it added, "death sentences have dropped by over 50 %," as juries choose to impose life sentences "given what they have seen and heard about abuses in the system." Described as "the first to focus on the problems of the death penalty from the perspective of jurors," the report found "disturbing" trends in how juries are chosen and treated during high-profile, life-and-death trials. "Jurors' color and gender will often play a key role," said the report adding that in recent polls "far more blacks and women oppose the death penalty than white males," making their exclusion from capital juries more likely. People with religious beliefs contrary to the taking of lives are equally excluded. (source: GG2.net)
