Oct. 29
ARIZONA: Judge will not come out of retirement to explain decision The Yuma County Superior Court judge who overturned a man's death sentence but not his conviction won't come out of retirement to detail his reasoning. Judge Tom Thode's decision means that another judge must clarify Thode's reasoning to satisfy the Arizona Supreme Court, which issued an order earlier this week requiring the explanation. Thode set aside Bobby Lee Tankersley's death sentence in December after new DNA evidence was presented and amid skepticism regarding bite-mark comparisons used in his 1993 trial in a sex killing. Tankersley was convicted of murdering and raping a neighbor, 65-year-old Thelma Younkin, in 1991 in Yuma. Now 53, Tankersly has maintained his innocence and said he can't remember specifics of that night because he was an alcoholic who frequently blacked out. The Supreme Court had ordered new DNA tests in Tankersley's case after another death-row inmate also implicated by bite-mark comparisons was cleared by DNA evidence. A dentist had testified to bite-mark matches in Tankersley's case and that of the other inmate, former Phoenix resident Ray Krone. Thode said in a Dec. 23 ruling that evidence from the new DNA testing ordered by the Supreme Court didn't clear Tankersley but it was inconclusive enough "to diminish the appearance of extreme brutality in the murder." Meanwhile, new evidence cast doubt on the bite-mark evidence that he said was a prime factor in his 1994 decision to impose the death sentence because of the appearance of extreme brutality, the judge said in his December order. The judge also said the new conclusions regarding DNA evidence, bite-mark comparisons and Tankersley's claimed alcoholism blackout the night the crime was committed were enough, "taken together and considered as a whole," to justify a new sentencing proceeding before a jury but not to overturn the conviction. Tankersley's lawyers argued that Thode could not have found that new evidence justified a new sentencing but not a new trial, but the Supreme Court said it couldn't rule on Tankersley's latest appeal without required specific findings by the judge. Yuma County presiding judge Tom Cole said he would reinstate Thode to the bench temporarily if he would agree to answer the Supreme Court's order. "That would be the best way to handle it," Cole said. "It would be for the purpose of addressing the issues set out in the Supreme Court's order." But Thode said Friday he did not intend to return to the bench to handle the case. (source : Associated Press) NEW JERSEY: Outrage over honor for cop-killer inmate -- PBA blasts prison for award to transsexual Cop-killer transsexual Leslie Ann Nelson was honored as an Inmate of the Month during a recent ceremony in which she received a certificate, a hug and a special lunch, infuriating a statewide police organization that represents nearly 30,000 officers. "The idea that our state would award a vicious and cold-blooded murderer like Leslie Ann Nelson is both outrageous and disgusting," said state Policemen's Benevolent Association President Michael J. Madonna, who yesterday called for the New Jersey Department of Corrections to end the Inmate of the Month award and for the warden at Nelson's prison to step down. The award also drew the ire of the widow of a state trooper whose death led to sweeping changes in the way police conduct traffic stops. "As they pat him -- or her-- on the back, they slap the families of who he killed," said Donna Lamonaco of Belvidere, Warren County, whose husband, Phil, was gunned down by fugitives as he made a vehicle stop on Route 80 in Knowlton Township 24 years ago. "It makes me sick, and I am not sitting idle." Nelson, 48, a transsexual go-go dancer whose name was Glenn Nelson before a sex-change operation at age 34, was convicted of killing Camden County law enforcement officers John McLaughlin and John Norcross during a 1995 standoff in Haddon Heights. She was removed from death row, but has an upcoming death-penalty trial in which she wants to represent herself. Juries have twice decided she should die, and twice those sentences were overturned by the state Supreme Court. Nelson is an inmate at Edna Mahan Correctional Facility for Women in Clinton, Hunterdon County, where she works as a paralegal in the law library and teaches other inmates how to read. Department of Corrections spokesman Matt Schuman said 120 of the inmate awards are given out each year at the women's prison -- more than 10 % of the population. He said it is nothing extravagant -- a piece of paper for a certificate and a choice of a turkey, vegetable or tuna wrap for lunch, with a soda and a dessert of either a glazed or jelly doughnut. But the "restorative justice" program that has been around since 1999 is a good incentive for inmates to behave the right way, and helps make for a safer environment for inmates and staff, Schuman said. "When they give this recognition out, the crime that the individual committed doesn't enter into it," he said. Nelson received her recognition on Oct. 20. In addition to teaching literacy to inmates, Nelson has not had any disciplinary problems in eight years, Schuman said. But Donna Lamonaco finds that no cause for a celebration. "Tell me we have not stooped this low, to allow something like this to happen," said Lamonaco, who helped push for reforms allowing traffic stops to be safer for police officers. "I don't think there should be an inmate of the month," she said. "We've got parole systems, where they come up in front of the parole board and say how good they have been and how they studied in the library and got their degree in the mail. Isn't that enough? They should not have the word honor connected to the word inmate." "There is no reward coming for Investigator McLaughlin, Officer Norcross or their families," PBA President Madonna said. "And Leslie Ann Nelson should not be congratulated, and tax dollars should not be used to celebrate Nelson's actions in prison." (source: The Star-Ledger) SOUTH CAROLINA----impending execution//volunteer Aiken Man to Die by Lethal Injection for Shootings The man who went on a shooting spree at his former workplace in Aiken in 1997 is scheduled to die Friday by lethal injection. 51-year-old Hastings Wise killed 4 people he thought wronged him at the R.E. Phelon plant 8 years ago. He was fired from the lawnmower ignition plant several weeks before the murders. He is going to the death chamber on his own free will. Wise intended to kill himself after shooting up the plant. But the insecticide he drank only made him sick. Since then, he's taken responsibility for the deaths. He refused to let his lawyers call witnesses to save his life. And he's written the state Supreme Court at least 5 times, asking the justices to clear his way to the death chamber. He could stop the execution at any time by letting the court know he wants to appeal. No one expects that to happen. (source: Associated Press) DELAWARE: Death penalty debate lives on; Friday execution renews topic of capital punishment When Brian D. Steckel is strapped to a gurney and injected with lethal chemicals sometime early Friday morning at Delaware Correctional Center near Smyrna, he will be the first inmate executed in the First State in more than 4 years. Steckel's appeals are all but exhausted, save for 1 last-ditch effort to have the U.S. Supreme Court hear his case, and the state Board of Pardons has rejected a request to spare his life, so there will be no 11th-hour phone call from the governor. The 37-year-old Elsmere resident, who raped and strangled Sandra Lee Long and then set fire to her Wilmington-area apartment in September 1994, told the pardons board Friday that he is "ready to die." Despite Steckel's apparent willingness to accept his fate - he said he didn't want to make excuses for the slaying and asked his family not to plead for his life - the debate surrounding the death penalty in Delaware rages on. "We are thoroughly opposed to the death penalty," said Drewery Fennell, executive director of the Delaware American Civil Liberties Union. "It is the ultimate denial of civil liberties. We have been working nationally toward a moratorium." There currently are more than 3,000 inmates on death row in the United States. 17 of them are in Delaware. A brief history Records of executions in Delaware were not kept until 1902, although newspapers reported 7 executions between 1831 and 1902. >From 1902-46, 25 Delaware prisoners were put to death by hanging, the state's official method of execution. That mode was changed in 1986 to lethal injection, but those sentenced before the law change were permitted to choose their method of execution between hanging or lethal injection. The state did not execute anyone between 1946-92, but has executed 13 inmates since, with 17 others sitting on death row. Convicted murderer Billy Bailey chose the noose and became the only inmate in 55 years to die on the gallows when he was hanged Jan. 25, 1996. The wooden structure at DCC was torn down in July 2003 when James W. Riley, convicted and sentenced to death in 1982, was retried in 2003 and sentenced to life in prison, rendering the gallows obsolete. Steckel will be the first inmate executed since Abdullah Tanzil Hameen - formerly Cornelius Ferguson - was lethally injected May 25, 2001. According to the Department of Correction, it costs about $20,000 to carry out an execution. Debate continues State Attorney General M. Jane Brady said she supports the death penalty as a fair sentence for the most serious crimes. "I believe there are some conducts so harmful to the community and victims that it is warranted," Ms. Brady said. "I believe we reserve it only for the most heinous of crimes. Not every homicide qualifies for the death penalty." Ms. Brady noted that the death penalty is the only sentence in which the jury participates, deliberating during a penalty phase to recommend death or life in prison to the trial judge, who must give "great weight" to the jury's decision. "Just because someone qualifies doesn't mean they will get the death penalty," she said. However, questions abound whether the death penalty is evenly applied, said Sally Milbury-Steen, treasurer of Delaware Citizens Opposed to the Death Penalty, which formed in 1992, the year capital punishment was resumed in the state. A high number of those on death row are poor, minorities or have mental problems, Ms. Milbury-Steen said. "The color of the victims play a role," she said, suggesting that those who kill whites are more likely to get the death penalty. "The death penalty doesn't create an image of a compassionate society. It's not necessary in Delaware. We have life in prison without the possibility of parole. That's a very strong protection." But House Majority Leader Rep. Wayne A. Smith, R-Wilmington, said there sometimes is a "level of evil" that justifies the use of capital punishment. Rep. Smith said the death penalty serves as a deterrent and protects the public - including the prison population - from a convicted killer. Despite DCODP's claim that support for the death penalty has declined by 20 % since 1992 - to about 60 % - Rep. Smith said support "ebbs and flows" with current events. "Any time someone on death row is exonerated, people say that maybe something is wrong (with capital punishment)," Rep. Smith said. "But when a heinous crime, like the D.C. sniper, comes up, people tend to support the death penalty." Ms. Fennell disagreed that the death penalty acts as a deterrent and said that about 120 prisoners who have been executed or were on death row have been found to be innocent. "That's one of the reasons it's unfair," Ms. Fennell said. "It can never be undone." Study possible The possibility of a problem with the death penalty has led several legislators to sponsor a resolution to study the issue from all angles. House Joint Resolution 13, sponsored by Rep. Melanie George Marshall, D-Newark, is sitting in the House Corrections Committee, but the representative said she intends to push the legislation when the General Assembly reconvenes in January. Rep. Marshall said Sen. F. Gary Simpson, R-Milford, has introduced a similar resolution for years to no avail, so they are trying their luck in the House. "We have all these national studies, but in Delaware, we'd like to study things as well," Rep. Marshall said. "This is not a vote to oppose the death penalty, it's a vote to ensure that the justice system is just." The resolution would create a 10-member commission to study all aspects of the death penalty to determine whether it is being fairly applied. "If no discrepancies are found, it will make me feel a lot better about our justice system," said Rep. Marshall, who opposes the death penalty. But if there are problems, the legislature would have to start a dialogue about taking corrective action, she said. Ms. Milbury-Steen said DCODP supports the legislation, which would draw attention to Delaware's entire death penalty process. "One of the toughest areas to shine light on is the prosecutorial side," she said. Rep. Marshall said she and Sen. Simpson are considering amending their resolution to eliminate a call for a moratorium on executions, which Ms. Brady and Rep. Smith oppose. Juveniles spared? Another piece of legislation that could hit the General Assembly floor next year would be a Senate bill to abolish the death penalty for juveniles. Sen. Margaret Rose Henry, D-Wilmington, sponsored similar legislation during the past legislative session that never got out of committee. She plans to introduce a bill in January. "It would abolish the death penalty for 1st-degree murder for juveniles," Sen. Henry said. "The punishment would be life in prison if they are less than 18 at the time they committed the crime. "I don't want there to ever be a possibility that a juvenile would be executed. I and others believe that teenagers have the opportunity to repent and learn." Sen. Henry said research shows teens' brains aren't fully developed until they are in their 20s. But Rep. Smith said a "heinous crime" could arise that would warrant the death penalty, pointing to the 2002 sniper shootings in the Washington region. One of the shooters, Lee Boyd Malvo, was 17 at the time. "I'm comfortable with allowing a jury to make that decision," Rep. Smith said. Malvo is serving 2 life sentences for his role in the shootings. In March, the U.S. Supreme Court ruled 5-4 to outlaw the death penalty for 16- and 17-year-olds. (source: Delaware State News) *********************** Murderer Brian D. Steckel says during hearing with pardons board, 'If I have to die on Nov. 4, I'm ready to die' Brian D. Steckel entered the small windowless room at the Delaware Correctional Center near Smyrna hunched over, eyes down, guards at his elbows. Shackles held his hands at the waist of his orange prison jumpsuit and leg irons forced him to take baby steps. Oversize glasses, close-cropped red hair and a thin beard framed his pale face. Virginia Thomas had one word to describe the man who killed her daughter, Sandra Lee Long, in 1994 -- "evil." Robert Steckel, meanwhile, told members of the Board of Pardons considering a request to spare Brian Steckel's life, that his brother was not a heartless monster. "He's a son, a father, a brother, a friend." Steckel, 36, spoke slowly when his turn came. He did not appear to be defiant, but he also didn't appear humble, telling the board he was not there "to beg for a bunch of strangers to save my life." And the board did not. The 5-member panel headed by Lt. Gov. John Carney turned down the request to commute Steckel's sentence to life in prison without parole. Steckel asked his family not to plead for his life and told the Long family and the board he was ready to die. Friends, Steckel family members and death penalty opponents, however, spoke for 90 minutes seeking mercy. Some argued morality, some attacked the death penalty, and a few verbally attacked members of the Board of Pardons, saying they had no right to judge or allow a premeditated killing -- Steckel's scheduled Friday execution -- to take place in the name of the state. Steckel's attorneys, Joseph Bernstein and John Deckers, and his mother, Marlene Edwards, said Steckel had undergone a transformation in prison and was not the same man who raped and murdered Long on Sept. 2, 1994, and set fire to her apartment. But defense attorneys noted that the state Board of Pardons -- which also includes State Treasurer Jack Markell, Secretary of State Harriet Smith Windsor, Chancery Court Chancellor William B. Chandler III and State Auditor Tom Wagner -- has never recommended that the governor commute a death sentence to life in prison without chance of parole. Steckel appeared to expect the decision. "I didn't come here to make no excuses," he said, adding he came instead to address members of the Long family. "I'm sorry for what I did. Your daughter didn't deserve to die the way she did," he said, calling his actions in 1994 repulsive and selfish. 'I felt ugly inside' He also apologized for his letters after his arrest, which included one he sent to Long's mother, Virginia Thomas, with her daughter's autopsy and a note in the margin reading, "Read it and weep. She's gone forever. Don't cry over burnt flesh." Steckel said he has copies of those letters and periodically re-reads them and wonders why he did what he did. "I don't have a lot of answers. I was an angry person. ... I felt ugly inside." He said he wishes he could bring Sandra Lee Long back. "I want these people to know if I have to die on Nov. 4, I'm ready to die." After Steckel spoke, his 12-year-old daughter left the room in tears. 'Peace and closure' If Steckel's comments were meant to soothe the pain of his victim's family -- if not to save his own life -- they appeared to have little effect. Virginia Thomas cried as she showed the Board of Pardons pictures of her "sweet, beautiful," youngest daughter. She said her 29-year-old daughter's death shattered her family, sending some relatives into long fits of depression, and asked the board to give her "peace and closure." She said she wants her pain to end. "I want to be able to go on living, knowing that justice has been served." Long's sister, Jeanne Thomas, was more blunt. She said the question is not if Brian Steckel should get the death penalty. "By any means, he should," she said. "The real question is, what are we waiting for?" And after a few remarks from Deputy Attorney General John Williams questioning whether Steckel's remorse was genuine and charging that Steckel continues to change his story, the board left the room for an hour to deliberate. Steckel did not react to the decision. As he left the room, he said, "Thanks, everybody," to members of his family and others who spoke on his behalf. Someone shouted "I love you," and his mother said she would see him soon. Another chance Steckel has one last chance to avoid or delay his death sentence. On Thursday, his attorneys filed an appeal with the U.S. Supreme Court, charging that Delaware's death penalty is unconstitutional. Steckel will need at least 4 of the 9 justices to agree to hear his case for his appeal to be accepted and to have his execution delayed. Williams said the state will respond to Steckel's petition Monday, adding that he does not expect the Supreme Court to take the case. The Department of Correction, meanwhile, is continuing to make preparations to put Steckel to death by lethal injection between 12:01 a.m. and 3 a.m. Friday. (source: The News Journal)
