Nov. 18 MASSACHUSETTS: Legislature or Proving Ground?----Romney should stop using the state legislature to advance his presidential aspirations When it comes to crime and punishment, we forcefully believe that the government has no right to put a convicts neck on the chopping block. And most of Massachusetts agrees. So we are thankful that Gov. Mitt Romneys proposal to reinstate capital punishment in the Commonwealth met sound defeat in the Massachusetts House of Representatives on Tuesday. But theres no doubt that Romneys primary motivation for introducing this hopeless bill was not so much to debate the criminal code as it was to appeal to the national conservative electorate that hell need to capture the presidency in 2008. The bill only added to Romneys track record of grandstanding to conservative voters nationwide, which he accomplishes by promoting positions that stand in stark contrast to those of his true constituents. Romney must remember that he is the governor of Massachusetts and will remain so until 2006, and, as such, his primary duties are to the people of the Commonwealth, not potential voters elsewhere in the nation. To abuse both his constituents and the legislature as springboards for ones own political agenda is both irresponsible and inappropriate. The Houses decision to kill Romneys death penalty bill was commendable but far from unexpected. Public opinion among commonwealth residents has turned increasingly against the death penalty in recent years, and nearly 2/3 of the representatives ended up voting against this callous practice. 2 separate bills to reinstate the death penalty had already been rejected by the House in the past 8 years - 1st in 1997, and then again in 2001. In short, the people's will on the matter was abundantly clear, and there was no need for Romney to reintroduce a settled issue for a 3rd time in a decade. Indeed, the attempted reintroduction of capital punishment is only the latest installment in Romneys courtship of the GOPs conservative wing. Romney has already become something of a national symbol of the opposition to same-sex unions. Despite strong support for gay marriages in his own state, Romney has repeatedly tried to advance his own ideology in the legislature, which, in turn, has repeatedly voiced its disapproval of banning same-sex unions. These legislative defeats, of course, mean little to a governor whos almost certainly not going to run for reelection in 2006. Romney has been building the foundations for a presidential campaign almost since he took office years ago. He's campaigned for Republicans across the country, made speeches at major conservative functions, and even visited the political breeding ground of Iowa multiple times. Given the transparency of his presidential ambitions, there is little doubt as to Romneys motivation for promoting a strictly conservative social agenda in a state that clearly doesnt want his policies. We do not challenge Romney's legitimate right to launch a presidential campaign while in office, because planning a Presidential campaign must, out of necessity, start several years in advance. We do, however, object to his abuse of the legislature and blatant defiance of the will of his constituents. To use his personal time to prepare for his political future is one thing, but to hijack his state's legislature and convert it into a national showcase of his political agenda is quite another. The issues that Romney continues to needlessly push - reinstating capital punishment and, most prominently, banning same-sex marriage - have already been sufficiently debated, and the electorates will has been made clear. To reintroduce them for his own political gain cheapens the legislature and insults the residents of the Commonwealth. Such tactics are unbecoming not only of a governor, but also of a possible future presidential candidate. (source: Opinion, The Harvard Crimson) OHIO: Prosecutor gets more money Jefferson County commissioners Thursday approved transferring funds to keep the prosecutor's office open through the end of the year. Jefferson County Common Pleas Court Judge Joseph Bruzzese Jr. transferred $19,000 from defense attorney fees to the county prosecutor's office. The county auditor's office also transferred more than $15,000 from the fund used to pay attorneys in death penalty cases and 2 insurance accounts. County Prosecutor Thomas Straus told the commissioners the average budget for the prosecutor's office in the previous four years was $875,000. The commissioners only appropriated $716,000 to Straus when he took office in January. Straus said he also has a smaller staff and less assistant prosecutors than in previous years. "With a smaller staff, my office made a significant impact on the prosecution of crime in Jefferson County," Straus said. Straus presented the commissioners with a list of all jury trials, plea changes and probation revocations for the year. The list included: - 12 defendants went to trial on 44 criminal charges. Guilty verdicts were returned against all 12 defendants covering 41 charges. One defendant had a not guilty verdict on 3 charges but was found guilty of another. - 108 defendants pleaded guilty and were sentenced. - 27 defendants had their probation revoked and more than 20 were sentenced to prison or jail. Straus said he and his assistant prosecutors carefully analyze cases and only present applicable charges to the grand jury, resulting in either guilty verdicts or trials. He said the end result is quicker action on cases resulting in less money being paid for appointed defense attorneys. "The numbers (the county) is paying for defense fees has dropped dramatically. It is part of the efficient manner in which we prosecute these cases," Straus said. The assistant prosecutors in his office are considered part time but spend more than 50 hours a week on cases. Straus said he needs two additional assistant prosecutors. One would handle criminal trials and the other would assist in providing legal opinions to various county departments and agencies. In other matters, commissioners approved a request from county Engineer James Branagan to borrow $500,000 to help with a cash-flow problem associated with slip projects. Branagan's office has contracted repairs to dozens of slips caused by flooding rains in 2004 and 2005. The projects are being reimbursed by the Federal Emergency Management Agency and the Federal Highway Administration but Branagan said reimbursement is coming in three to four months behind the completion of the project. The county engineer still has to pay the contract and wait for the reimbursement check, he said. He said the county engineer wants to do slip repair projects on county Roads 53, 74 and 7F but may not have the money. The county engineer will borrow the $500,000 and pay off the note as fast as possible, with the interest being absorbed into the engineer's budget, Branagan said. Branagan added the only other option is to do one project at a time, instead of several at a time. "We don't want to do that. (The slips) are a hazard to the public and we want to move to get them repaired," Branagan said. Commissioners also: - Received a letter from the Jefferson County Agricultural Society asking to be included in any discussions on the transfer of the deed for Friendship Park from the county commissioners to the Friendship Park Board. The park board received a $492,000 grant from the Clean Ohio Conservation Fund for the land purchase. The commissioners will give the money from the purchase to the Friendship Park Board. The fair board wants to make sure considerations are given for the lease for the fairgrounds and utilities. Commissioner David Maple said it is an opportunity for everyone involved with the park to have a fair chance to protect their interests. Commissioner Adam Scurti said the fair board will be represented when there are discussions on the property transfer. - Approved an increase in a contract for W.M. Brode Co. of Newcomerstown for slip repairs on county Roads 4, 26, 39, 40, 55 and 57. Jeffrey Oinonen, bridge engineer at the county engineer's office, said additional slip work was needed once the contractor began the jobs. The original contract was for $142,127 but was increased to $214,936. The federal and state emergency agencies will reimburse 87.5 % of the money. (source: The Steubenville Herald-Star) FLORIDA: Killer, 25, gets wish -- death -- for stomping veteran, 91 Jurors voted to execute Gabby Tennis, a borderline retarded man convicted in September of killing a disabled war veteran. A 25-year-old murder convict who is borderline retarded smirked Wednesday evening after jurors gave him what he'd asked them for: the death penalty. The panel of seven men and five women decided, by a vote of 8-4, to recommend execution for Gabby Tennis. Deliberations lasted about 55 minutes. In September, the group convicted the troubled roofer of 1st-degree murder in the slaying of a 91-year-old disabled war veteran from Hollywood. Tennis stomped Albert Vessella to death during a botched home invasion in June 2003. Bloody sneaker prints that matched Tennis' shoe size were left on his face and right thigh. After the verdict, juror Kerry Jewell, 48, said the most damaging testimony was from the defendant's father, fortune teller Leo Tennis, who told them his son confessed to the crime. It didn't help when Gabby Tennis, ignoring his lawyer Patrick Rastatter's advice, took the stand and admitted to robbing Vessella. "The facts were pretty much stated by the defendant himself," said Jewell, who declined to say which way he voted. He said the panel spent most of the 55 minutes discussing the idea of mercy and any mitigating factors. Jewell said Tennis' own plea for death was not part of the equation. "Nobody thought he was sincere," he said. Rastatter argued passionately for mercy during closing statements, reminding jurors that his client had been formally diagnosed as borderline retarded at the age of 8. "Of course Mr. Vessella is a million times the man Gabby Tennis is," Rastatter said. Tennis "was raised to be dishonest and deceptive." Rastatter recalled a horrendous childhood in which Leo Tennis banished Gabby's mother from his life when he was just 2. He said his client was rarely allowed to attend school. Broward Prosecutor Howard Scheinberg said he didn't buy the defense's low-IQ argument. He reminded jurors that Tennis disabled Vessella's phone, changed escape vehicles and license plates, altered his appearance and managed to hide the bloody Tommy Hilfiger shoes. "He brutally murdered this gentle man," he said. "Gabby wanted money. He wanted to buy a girl." Tennis said he needed money for a dowry with which to ''purchase'' his girlfriend, Sophia Adams, who was then 16. Adams' mother, Liza Boltos, used to clean Vessella's Hollywood home. Tennis claims Boltos orchestrated the crime. She has not been charged. Before closing arguments Wednesday, a choked-up Tennis pleaded with jurors to recommend the death penalty so that he would not rot in prison. "I forgive you all for taking my life," Tennis said, choking up. "I don't deserve this." (source: Miami Herald) ********************** Chavez will get new court-appointed attorney The death row inmate convicted of murdering 9-year-old Jimmy Ryce will get a new court-appointed attorney in his attempt to win a 2nd trial. Miami-Dade Circuit Judge Marc Schumacher allowed attorney Lee Weissenborn to withdraw Thursday during a hearing to discuss preparations for a Dec. 5 evidentiary hearing ordered by the Florida Supreme Court. That hearing, meant to determine if there were errors made during his trial, was indefinitely postponed until Chavez is appointed a new lawyer by the courts,Juan Carlos Chavez has claimed ineffective counsel and errors hindered his first trial. Weissenborn told Schumacher that he could not continue representing Chavez because of the "attacks and slander of me by the key defense witness," former Assistant Public Defender Edward Koch. Koch, who had been one of the public defenders representing Chavez at trial, has alleged that Public Defender Bennett Brummer instructed the defense "to pull their punches" in the trial because it could have hurt Brummer's chances for re-election. Schumacher, who presided at Chavez's 1st trial, will appoint his new attorney. Chavez confessed to killing Jimmy, who was kidnapped at gunpoint and raped after getting off his school bus near his family's home in a rural area of Miami in September 1995. That prompted a state law bearing Jimmy's name that keeps sexual predators in custody even after they have finished their prison sentences if they are still considered a danger. ___ On the Net: The Jimmy Ryce Center for Victims of Predatory Abduction: http://www.jimmyryce.org. (source: Associated Press) ********************* The Secret City It's a small, country town where people know people and look out for one another. "I love the people. I really like the town," says one person who lives there. 5600 people call Starke home. It's a place so quiet, there hasn't been a murder in 3 years, but ask anyone here and they will tell you murder is their big business. "The prisons. That's where everybody works when you talk to them," says Iris Johnson, who lives in Starke. In the western shadows of Starke, down State Road 16, are some of Florida's most violent criminals. Here, the state runs half a dozen prison facilities. In all, more than 5,100 inmates a population about as big as Starke. Just outside of the razor sharp wires is a community within a community. When First Coast News tried to get pictures of this place from the sky, the prisons went on lockdown and our crews were ordered to the ground, even though we were not breaking any laws. Down on the ground is what you own. Homes with white picket fences, satellite dishes and swimming pools. It looks like your normal neighborhood, but you won't find this place on any map. The county property appraiser doesn't even have a record of it. In this secret community, some streets have names, others do not. When we plugged in one street name, mapquest said it doesn't exist. The Department of Corrections says this community is staff housing for the prisons. There are 134 homes, 87 mobile homes and 52 apartments. The rent starts at $50 a month. The lawns are personally cut by the prisoners. First Coast News cameras found prisoners cutting grass right up to the front door of these homes. In some cases, taxpayers pay for the water and electricity. Anyone has access to this place, our cameras caught a school bus dropping off kids. There is no sign saying keep out. So, First Coast News went in and when we did, we were immediately stopped. "This is state property...this is all state property, you have to have permission from one of the wardens to take pictures," says one correctional officer. We told the officer First Coast News attorney's advised us we were allowed to be on the public road and as long as we stayed on the road, we were allowed to be in the area. The officer replied, "This is state property....this is state property, this is all state property." According to the Department of Corrections' website, staff housing is to enhance security and the response in emergencies by having key employees around during their off hours. The Department's website says the staff housing is, "based upon the best interests of the institution." According to the website, only certain people can live in the housing. The priority line goes like this-- 1. the Superintendent, 2. the Assistant Superintendent, 3.Chief Correctional Officer, 4. Institution Investigator, 5. Medical Representative, 6. Maintenance, 7. Correctional Officers. The First Coast News I-team found someone who was not on that list. Her name is Sherri Starling. She told us she was an employee at the prison. When asked in what capacity, she said, "I'm a secretary." First Coast News has confirmed her position with the personnel office. We've also confirmed, with personnel, Starling's current husband is not an employee of the prisons. According to a background check, Starling's ex-husband, William Hinson, once lived at the home. He is a correctional officer. The 2 divorced in 1999. When we asked Starling how long she had lived in the mobile home she declined to answer. When asked why she wouldn't answer she said, "I'd rather not because I don't want to lose my house." When asked why she would lose her house, she said, "For doing something against the rules." We asked if she was doing something against the rules and she said, "By talking to you." There's no way to know exactly who lives in each house or how long they have lived there. Again--there is no paper trail because these homes don't exist in public records. Many of those who live out in this secret community list P.O. Boxes as their addresses. We tried to find out how many homes taxpayers were paying utilities for, the Department of Corrections couldn't tell us and referred us to the Department of Management Services. DMS' spokesperson told us it doesn't manage the numbers, but that the Department of Corrections does and to call Corrections back. We did and we are still waiting for our answer. According to the Corrections' website, only the Secretary of Corrections can change rules and can alter who can live in this community and if vacant spaces are left over after priority personnel are taken care of, non-priority employees can be considered. The website goes on to say housing agreements will end automatically if housing is needed for an employee on the priority list. (source: First Coast News) ********************* Corrections Department tightens arrest rules Beleaguered by months of publicity on the behavior of Department of Corrections employees, DOC Secretary James Crosby announced on Thursday the first in what's expected to be a series of changes to the department's rules of conduct. Crosby spoke with the department's four regional directors Thursday morning to implement a new policy that will automatically place an employee arrested for an "act of aggression" on leave until the department investigates the arrest. Previously, an off-duty arrest carried no mandatory action from the department. Crosby said an "incident review team" formed last month will likely suggest other revisions in areas such as drug and alcohol abuse, promotions and personnel matters, and other staff misconduct. He expects their report by the end of the year. "Our tolerance level may have been way too low over the years," Crosby said in a conference call with newspaper reporters Thursday. "Being continuously on the front page like this makes you reevaluate." In recent months, department employees have been arrested for fights at a popular Starke bar, another employee apparently killed himself at Union Correctional Institution after being publicly named in connection with a sexual assault investigation, and three current and former officers were arrested last week by Tallahassee police on battery charges related to an April Fool's Day fight at a softball banquet. Among the three men arrested was Allen Clark, a close friend of Crosby's who, with no explanation, resigned his $94,000 position as Region I director in late August. Clark is at the center of a sprawling state and federal investigation into myriad issues. The other 2 men, Richard Frye and James Bowen, were originally placed on paid leave during a DOC investigation. But this week, that changed to unpaid leave and they lost their state-provided housing at the Apalachee Correctional Institution in Sneads. Crosby said he asked the regional directors to stress "the importance of our officers taking pride in their jobs." "By and large, I think we have a great agency and if you look at most of the 26,000 employees you'll find them to be hard-working and dedicated," he said. "There's always room for improvement." Crosby said the decision to tighten the rules for misconduct was his own and he was not asked to do so by the governor's office. Crosby said the department has already changed policies to allow for random drug testing with or without cause. Federal agents arrested 5 men involved in a steroids ring earlier this year involving current and former DOC employees. "Random drug testing is not the norm in law enforcement, but we felt it's necessary for us to take this action because of the environment we live in," Crosby said. Crosby said steroids weren't prevalent when he came up through the ranks, and he said misbehavior by DOC employees may not be any greater than before. "I don't know that the numbers are any higher," he said. "I think attention is greater now. It makes one think." He also said that the department is not culpable for the actions of its employees outside of work. (source: Herald Tribune) ********************* Guilty on all 3 counts in child's murder----Former mechanic convicted of murder, kidnapping, sexual battery It took 5 hours of deliberation Thursday for a jury to return guilty verdicts on murder, kidnapping and sexual battery charges for Joseph Smith in the February 2004 abduction and slaying of 11-year-old Carlie Brucia. Smith, his hair slicked back and wearing a gray suit, pursed his lips and nodded as the jury foreman read the verdicts. Now, Smith's attorney, who said he made a last-minute tactical decision to waive his right to a closing statement, must focus on saving his client from lethal injection. Sentencing is scheduled for November 28. Smith, a 39-year-old father of three daughters, was out of jail on probation when he was seen February 1, 2004, leading Carlie by the arm away from a car wash parking lot. Carlie's mother, Susan Schorpen, had strong words for the justice system that allowed the former auto mechanic to walk the streets in the first place. "He should've never been out of jail. The law has to change," she said in tears during a news conference after the verdict was announced. "I lost one of the most precious things to me in my life because of an animal, a disgusting, perverted animal." Smith had a history of run-ins with the law. In 1993 he pleaded no contest to an aggravated battery charge, and in 1997 he was arrested on a kidnapping charge in Manatee County, Florida. He was acquitted on the kidnapping charge. The alleged victim told police he grabbed her as she was walking down the street and threatened to "cut her if she failed to remain quiet." A passing vehicle stopped and intervened, enabling her to flee, she told police. Smith was convicted in 1997 of carrying a concealed weapon and again in 2001 for heroin possession and attempting to obtain controlled substances by fraudulent means, according to his arrest record from the Florida Department of Law Enforcement. Like Schorpen, Carlie's father raised questions after his daughter's murder as to why Smith was a free man despite his criminal record. He asked Florida Gov. Jeb Bush in February to look into the matter. When Smith was charged with Brucia's murder, he already was in a Sarasota jail on unrelated drug possession and probation violation charges. Asked Thursday what she would say in her victim's impact statement, designed to sway the jury's sentencing decision, Schorpen replied, "You'll have to wait and see." She bitterly added that Smith is "going to get more years on appeal than my daughter had in life." Schorpen thanked the jury for its decision and told reporters she was going to visit her father, who had been watching the proceedings on television. Smith was found guilty of 1st-degree murder, kidnapping and capital sexual battery on the 8th day of his trial. Thursday's conviction carries a potential death penalty. Carlie's abduction captured national attention when police disseminated a videotape from a security camera outside a car wash. The video showed the blonde, blue-eyed girl being led away, with little struggle, by a tattooed man in a blue mechanic's jumpsuit. She was walking from a friend's house and was a half mile from home. Police recovered her half-naked body 4 days later a few miles from the car wash on property owned by a church. Smith pleaded not guilty, but the prosecution presented DNA and fiber samples suggesting otherwise. Particularly damning was the testimony of Smith's brother, John, who told jurors that Joseph confessed during a jailhouse conversation, then later on the phone. Of the video, John Smith said tearfully, "When I see him reach for the girl, I knew it was him." (source: CNN) ********************** Carlie Bruscia's mother wants Smith executed The mother of 11-year-old murder victim Carlie Brucia broke her silence Thursday, telling reporters waiting for a verdict that she hopes Joseph Smith gets the death penalty. Susan Schorpen, who did not testify during Smith's trial, spoke with reporters briefly outside the courthouse, where jurors are deliberating the 39-year-old auto mechanic's fate. Asked if the trial will finally bring the family closure, Schorpen said that will not come until Smith is finally punished. "My daughter's gone. I'll never hold her again. I'll never hear her laugh again," said Schorpen, who is divorced from Carlie's biological father. "Until [Smith] meets his maker, and I'm not going to be there to see what he gets, that's the only thing that's going to give me any kind of satisfaction. There's nobody on this earth that can do anything to him." Schorpen said her family has been on a "roller coaster" since Carlie was killed and has experienced misfortune. She did not elaborate. If Smith is convicted of first-degree murder, Schorpen is expected to testify and ask jurors to recommend a death sentence to Judge Andrew Owens Jr. Schorpen expressed frustration that there could be as many as 12 years of appeals if Smith is sentenced to death. "We don't have an express lane like they have in Texas," Schorpen said. Schorpen said that if she had a chance to speak to Smith, she would have questions for him. "If I could speak to him, I'd like to know why he chose my daughter and why he had to kill her," Schorpen said. (source: Court TV) ****************** Death penalty appeal would be automatic----If Smith is sentenced to die, next step is likely to center on DNA Thursday's convictions of Joseph P. Smith will automatically be appealed if he receives the death penalty for killing Carlie Brucia, attorneys said. The most obvious issue on appeal is the testimony about DNA lab results connecting Smith to a semen stain found on the 11-year-old's red shirt, Sarasota defense attorney Derek Byrd said. Defense attorney Adam Tebrugge saved his most vigorous attacks for that testimony, arguing before the FBI agent took the stand that she shouldn't even be allowed to testify because she didn't personally test the evidence. He then objected 7 times and called four bench conferences during her testimony because she didn't test the shirt at the FBI lab, only reviewed the results. But Circuit Judge Andrew Owens allowed the testimony. It could be construed as hearsay evidence, which is not allowed, and prosecutors should have called the biologists who did the tests, Byrd said. "Why take that chance?" he said. "There's no need to take shortcuts." During the trial, prosecutors said DNA evidence from the FBI lab has been introduced in the same manner in numerous other cases. They likened it to a doctor reading lab reports and blood samples taken by medical technicians. In general, anything that was contested by the defense during the trial is going to be the basis for an appeal, said Robert Batey, a professor of criminal law at Stetson University College of Law in Gulfport. Even before the trial, Tebrugge attacked all the major evidence: the DNA, a surveillance video of the abduction and recorded jailhouse admissions by Smith. Tebrugge also requested the trial be moved to another county because of extensive pretrial publicity, and objected to the jury selection process. Almost all the prospective jurors had seen a video of the abduction replayed numerous times on television news programs. "I'm sure this attorney preserved every arguable error the judge might have made for appeal," Batey said. "When the evidence of guilt is so strong, you look for any possible basis to appeal and get a retrial." It's very rare for a defendant to give up after being sentenced to death and not appeal, Batey said. Even if the defendant decides not to appeal, there is an automatic appeal to the Florida Supreme Court. (source: Herald Tribune) PENNSYLVANIA: Man could get death penalty in Bethlehem grocer's murder An East Allen Township man charged with the slaying of a Bethlehem grocer could face the death penalty if a jury convicts him of 1st-degree murder. Matthew G. Jenkins, 20, received notice of his aggravating circumstances at his arraignment Thursday in Northampton County Court. District Attorney John Morganelli also filed paperwork informing Jenkins he will be tried along with co-defendant, Omar Chaparro. Morganelli had already given Chaparro, 19, his notice of aggravating circumstances at his Nov. 3 arraignment. Giving defendants their notice of aggravating factors enables prosecutors to seek the death penalty. Jenkins and Chaparro can only be sentenced to death if a jury returns a conviction of 1st-degree murder. After the jury returns a verdict, the trial goes into a death-penalty phase. If at least one aggravating circumstance is found, and if that circumstance is not outweighed by a mitigating circumstance, the death penalty may be imposed. Morganelli has said he has taken preliminary steps to seek the death penalty against Chaparro and Jenkins because the victim in the case, 50-year-old Concepcion Martinez, was killed during the commission of another felony, robbery. Police said Jenkins and Chaparro went to Martinez Grocery and Deli in the 500 block of Broadway in Bethlehem on Aug. 28 and planned to rob the store of cash and cigarettes. Jenkins shot and killed Martinez with a .22-caliber handgun when Martinez charged at him after seeing the gun, police said. Jenkins and Chaparro have admitted their roles in the killing to police. (source: The Express-Times)
