Nov. 1
TEXAS:
Execution date delayed to allow inmate to testify----Elizalde says another
is serving life for his crime
A state district judge on Monday pushed back tomorrow's planned execution
of Jaime Elizalde Jr. until January so the death row inmate can testify
about a murder for which another man is serving a life sentence.
The Harris County District Attorney's Office wants to question Elizalde
about a recent sworn statement in which he claimed he strangled Albert
Guajardo with a nylon rope, hit him with a blackjack and slit his throat
with a hunting knife in 1995. Guajardo's body was found wrapped in a
carpet in northeast Harris County.
Another man, Hermilio Herrero Jr., is serving a life sentence for
Guajardo's slaying.
"Probably due to the unique circumstances surrounding his statement, we
felt like we needed more time to fully investigate his claims," Assistant
District Attorney Jack Roady said.
Roady said Elizalde probably would be brought to a Harris County court
from a Livingston prison in the next few weeks.
The state's case against Herrero largely was based on the testimony -
several years after the slaying - of 2 inmates who claimed Herrero bragged
to them while serving time in a Beaumont federal prison about killing
Guajardo.
"We are still deep in our investigation," said Roady, who would not
comment about the case against Herrero.
Elizalde is on death row for the Nov. 5, 1994, shooting deaths of two men
outside an Eastside cantina. He has claimed he did not commit that crime.
His attorney, Lubbock-based lawyer Philip Wischkaemper, argued in a recent
clemency appeal that Guajardo was the real killer.
Elizalde said he killed Guajardo because he stole drugs and "paperwork"
from him.
Danny Easterling, the court-appointed lawyer who will represent Elizalde
during the upcoming proceedings, likened his client's appeals to a
death-bed confession.
"It'll be interesting to see under what conditions and mind-set this
confession was given," he said.
Easterling said he was familiar with the Elizalde case because he
represented his father, Jaime Elizalde, years ago when father and son
originally were charged with capital murder in the cantina slayings. The
elder Elizalde served several years in a Harris County jail before his
case was dismissed for insufficient evidence.
Wischkaemper, who filed Elizalde's clemency petition to the governor and
the state Board of Pardons and Parole last month, said he received a
response Monday stating that, in light of the stay, the clemency petition
will not be considered.
He added that he will continue to pursue claims that Elizalde is mentally
retarded.
(source: Houston Chronicle)
***********************
Cassopolis woman in Houston in effort to abolish death penalty
The Journey of Hope includes family members of murder victims, family
members of death row inmates, family members of someone who has been
executed, exonorees and activists.
For 17 days, from Oct. 14 to 31, they journied through Texas, speaking to
groups who had invited them, in on ongoing effort to abolish the death
penalty.
Early this year they received e-mail from Bill Pelke, saying the Journey
would be in Texas.
I invited my sisters to come on the Journey with me, promising a
life-changing event.
My sister Bess Klassen-Landis, from Vermont, accepted. She shared her
perspective of our mother's murder for the first time.
Mom was murdered 36 years ago, when Bessie was 13 and I was 16.
People in Michiana will remember Bill Pelke's grandmother, Ruth Pelke, who
was killed by a gang of teenage girls during a robbery in Gary.
15-year-old Paula Cooper was convicted of the murder and became the
youngest female on death row in America. Bill eventually forgave Paula,
and began corresponding with her. He worked to overturn her death sentence
and has visited with her. Bill founded the Journey of Hope in Indiana 13
years ago.
On Friday the 14th we were met at the Houston airport by George White, the
Journey's co-founder. In 1985 an armed robber shot George and his wife at
their place of business. Sixteen months later, George was charged with
murdering his wife. Following a capital murder trial, George was convicted
and sentenced to life in prison. His conviction was overturned in 1989 and
he was released from prison, but George remained in legal limbo until
1992, when proof of his innocence was finally brought forward.
On Saturday the 15th, fifty of us traveled to Huntsville, to conduct a
rally outside the Walls Unit, which houses Texas' execution chamber. Texas
has executed 12 people so far this year, and 9 more are scheduled to die
before the end of the year. Many of us wondered how such a brutal and
environment would impact the people who worked within the system. We soon
found out.
One of our speakers that afternoon was Ray Krone. In April 2002, Ray
became the 100th innocent person released from prison after having been
sentenced to death. Ray described spending ten years in prison, including
two years on Arizona's death row, for the murder of a female bartender. He
was freed when DNA testing proved he was not the killer. As Ray was
speaking, a uniformed prison official left the prison, got into his SUV
truck, and pulled it up to the curb just in back of where Ray was
speaking. He left his motor running and cranked up some rock and roll to
full volume. Because Ray used a bullhorn, we were able to hear him over
the music. But we felt insulted, spat upon. The prison official continued
to sit in his truck with his music blaring. Wearing the badge of Texas, he
felt authorized to limit our free speech. The journalists who were with us
began taking his picture. When the video cameras were trained on him, he
drove away.
A better representative of Texas is Dave Atwood, founder and former
president of the Texas Coalition to Abolish the Death Penalty. Dave, with
the help of hundreds of volunteers, served as local coordinator for the
Texas Journey. In November 2004, Dave committed civil disobedience at the
Walls Unit in Huntsville, Texas, to protest the execution of Anthony
Fuentes. He subsequently spent 5 days in jail.
When it was time for Bessie and I to leave the Journey, Anthony Fuentes'
stepmother Ursula drove us to the airport. Ursula is a native of Germany,
a country that does not seek retribution for murder. She described how the
U.S. adversarial system slowly vilified and destroyed her family. The hugs
we exchanged when we said goodbye were hugs of love, forgiveness and
understanding. These hugs are our route to healing.
The Journey of Hope leads from violence to healing. For more information,
please visit journeyofhope.org
(source: Ruth Andrews; Dowagiac Daily News)
******************
3rd murder charge dropped against man
A 3rd murder charge was dropped Monday against Jose Armando Garcia Jr. -
although Hidalgo County prosecutors hope to again indict the suspected
Texas Syndicate gang member for the same murder charge this week.
Assistant district attorneys Juan Villescas and Kimberly Bulger Leo filed
a motion to dismiss the March 20, 2003, shooting death of Crisantos Moran
Jr., a 35-year-old Brownsville man found lying dead on a dirt road in
Peitas.
Villescas said the state had prepared to go to trial Monday afternoon, but
then implied that problems with a witness arose that morning.
"There are other variables we learned about his morning concerning a
witness. I also have a duty to protect the state and the family of the
victim," he said. "At this point we do not feel comfortable proceeding
with trial."
Judge Rose Guerra Reyna granted prosecutors' request to dismiss the murder
charge without prejudice, meaning Garcia - who has already been found not
guilty in one murder trial and had a separate murder case dismissed - is
not in the clear. Prosecutors will present the case again to a grand jury
this week.
The legal maneuvering to try and indict Garcia a second time on the same
charge is part of the prosecutions strategy to use a new law that allows
them to depose - or question witnesses under oath and use their testimony
as evidence later - before a trial in cases filed after Sept. 1. Before
that date, only defense attorneys could depose witnesses in criminal
trials.
If Garcia is indicted again, prosecutors will file a motion with the court
to depose their witness. The videotaped deposition would take place in
front of the judge, Garcia and his lawyers. Prosecutors will be able to
use the videotape in trial if a witness changes their testimony or takes
the Fifth Amendment, refusing to testify on the grounds they may
incriminate themselves.
Though prosecutors would not specify who they planned to depose, they
indicated their case against Garcia relied heavily on witnesses testimony.
They had planned to call Garcias brother, Mario Merardo Garcia, who agreed
to testify against his brother as part of a plea agreement. In June, Mario
Garcia pleaded guilty in separate murder cases, but has yet to be
sentenced pending the outcome of his brothers trial, according to
prosecutors.
Another man already pleaded guilty to shooting Moran and received a
45-year-prison term in October 2004. Noel de los Santos had told sheriff
deputies he and Jose Garcia shot Moran, but de los Santos was subpoenaed
to testify for the defense.
Jose Garcias defense attorneys opposed dismissing the case. They said
indicting their client a 2nd time only to allow prosecutors to take
advantage of a new law violated their clients constitutional right to a
speedy trial.
They also wanted prosecutors to reveal who they planned to depose, but the
judge called the defenses request "premature."
"The grand jury may not indict Mr. Garcia. The court may not grant their
request," Reyna said.
Garcia still faces another murder charge if the grand jury does not
re-indict him in the Moran case.
The fourth and final charge is for the murder of Marcy Lee Ortiz, for
which the judge set a Dec. 9 pretrial date. However, if a grand jury
indicts Garcia again with Morans murder, prosecutors will ask to proceed
with that case first.
This is the second time prosecutors have asked to dismiss a case against
Garcia shortly before going to trial. On July 11, prosecutors filed a
motion to dismiss a capital murder charge against him for Aberlardo
Gonzalezs murder, indicating they lacked evidence to prove his guilt.
Before that, in April, a jury found Garcia not guilty in the Oct. 29, 2003
murder of Felipe Macias, 19. Macias body was found inside his vehicle
burned beyond recognition in a rural area of Palmview.
District Attorney Rene Guerra said cases such as Garcias are difficult to
prosecute because many witnesses wont agree to testify against dangerous
gang members, either out of fear or allegiance.
"There may be evidence elsewhere that will make these cases stronger in
the future," he said.
(source: The Monitor)
*******************
Mother goes on trial for stoning sons
Deanna Laney could not stop crying. The 39-year-old East Texas woman
sobbed Monday each time a prosecutor, police officer or her own lawyer
described the brutal stoning death of 2 of her sons and an assault that
left a third son nearly blind.
The prosecution and defense agreed on a major point as Laney's murder
trial opened in this small town between Dallas and the Louisiana state
line: Laney, who told police that God instructed her to kill her children,
was insane when she stoned her sons to death on May 11, 2003.
Although 4 forensic psychiatrists hired by the prosecution, defense and
the presiding judge at the trial concluded that Laney was insane, only a
jury can find her not guilty by reason of insanity, Smith County District
Attorney Matt Bingham said during a 12-minute opening statement.
'I just killed my boys'
Laney's crying in court Monday was in stark contrast to her demeanor when
she used her cell phone to call 911. Wearing her pajamas, Laney sounded
composed as she stated, "I just killed my boys."
"Ma'am, you did what?" the male deputy inquired.
"I just killed my boys."
For 38 minutes Laney calmly answered the deputy's questions. At the same
time, she spoke to officers sent to investigate.
"Are the boys breathing now?" the operator asked, according to a recording
of the call played for the jury.
"No," Laney said.
"You said you killed your 2 boys?" the officer asked. "Why did you do
that, ma'am?"
Laney replied matter of factly, "I had to."
According to prosecutors, Laney put her sons, Joshua, 8, Luke, 6, and
Aaron, 14 months, to bed and then went to her own room. Her husband, Keith
Laney, followed. Laney awoke later that night, tried to lock her sleeping
husband in their bedroom and then went to Joshua and Luke's room.
She escorted Luke to a rock garden in the front yard of their home, which
is encircled by a white split-rail fence. Laney told her son to lie down
with his head on a rock and she took another large rock, raised it over
her head and brought it down onto his skull.
She then killed Joshua in the same manner. Both children were found with
large stones lying on their chests.
Baby attacked in crib
Aaron was attacked with a rock in his crib but did not die.
Deanna Laney was taken into custody after calling police and telling them
what she had done.
As the deputy and Keith Laney attended to Aaron's injuries, Deanna Laney
remained on the phone outside with the 911 dispatcher. "What's going on?
Are you upset about anything?" the operator asked.
"I just did what I had to do," Laney said.
"You did what you had to do? Why do you say that ma'am?"
"That's just what I was told to do," she said.
"Who told you to do that?" the dispatcher continued.
"God," Laney said.
Laney wore a brown jacket and orange turtleneck to court Monday. Seated in
the second row of the courtroom, Keith Laney bowed his head and rubbed
tears from his eyes. He remains supportive and still wears his wedding
ring. Other relatives also are standing by the devoutly religious woman.
In many ways, prosecutors are going through the motions. They have ample
evidence that Laney killed her children, including stipulations with the
defense to that effect.
The issue for this jury, which is sequestered, will be whether the defense
can meet its legal burden of proving that Laney could not distinguish
between right and wrong at the time of the killing.
Believes God ordered her to kill
Defense attorney F. R. "Buck" Files told jurors that Laney loves her
husband and children and was devoted to God, church and family. She is a
deeply spiritual and private person, who never told anyone about several
psychotic episodes that preceded the killings, he said.
According to Files, Laney told psychiatrists while she was in custody that
she believed God was speaking to her in different ways. On the day of the
killings, for example, she believed she received a message from God that
he wanted her children with him.
Laney told psychiatrists that she rejected a spear or strangulation and
decided to use stones to kill her children. Laney believed her son Joshua,
the first boy to die, would be resurrected on his birthday that July.
Laney wasn't sure if she was supposed to kill Aaron, the youngest, or not.
"Aaron is in his bed. The baby is in his bed. I don't think I killed him,"
Laney told the 911 dispatcher. She told the operator later that she
thought she "did wrong by Aaron."
The 911 tape is particularly chilling because Laney's voice was even,
devoid of emotion, almost childlike.
Although many in the courtroom cried as the call was played and the story
told by lawyers, jurors remained composed and listened intently.
If they conclude Laney's mental condition did not cloud her reasoning to
the point that she was legally insane, Laney could face life in prison.
If, however, jurors find Laney not guilty by reason of insanity, she would
likely be committed to a mental-health facility.
The trial is expected to last less than 10 days. Court TV is broadcasting
the proceedings.
(source: Court TV)
