Jan. 7 TEXAS: Jury pay raise goes into effect Jurors in Lamar County, as elsewhere in Texas, are getting their first pay raise in more than a half-century. Until Jan. 1, jurors were compensated $6 a day, the lowest in the nation. Under a state law that went into effect Sunday, juror pay increases to $40 a day beginning with the persons 2nd day of service. Jurors still get paid $6 for the 1st day. Most juries locally last only one day; the biggest beneficiaries will be those serving on those occasional criminal or civil trials that continue for several days - or even several weeks in the case of a capital murder trial. Under legislation passed last year by the Texas Legislature, the higher jury compensation is funded by an additional $4 fee on criminal convictions. Sen. Rodney Ellis, D-Houston, who sponsored Senate Bill 1704, said the fee is expected to raise more than $24 million and be more than sufficient to reimburse counties for the costs associated with paying jurors. County officials arent so sure. "It looks real good on paper, but I'm curious to see how much we will actually get back from the state," District Clerk Marvin Ann Patterson said. "They're paying a piddly, little old fee, and the only ones that are going to pay are the ones who are the ones who are put on probation. The ones who are sent to the pen are not going to pay it." Many of the court costs assessed those who go to prison go unpaid, she said. "Out of that $40, I doubt we get very much of it back at all," Patterson said. County officials allowed for the higher juror pay when passing the 2005-2006 Lamar County budget, but County Judge Chuck Superville agreed the county is unlikely to really recoup its costs. "I think it's a nice gesture for the folks that come up here and serve, because 6 bucks doesnt even buy your lunch. If they get $40, that sort of eases the pain for people who do their civic duty because theyre missing work, they've got to buy lunch, things like that," Superville said. "But I'm not sure it's going to have much impact. We have a lot of 1-day trials. "And you can see the bulk of it is coming from taxes. It's coming out of taxpayers' pockets. Its the typical argument out of Austin. Some of our politicians - the governor for example - say, well, we're not raising your taxes, but our fees are going through the ceiling, and the fees are not making it back to the county." The legislation was designed to increase public participation and diversification in the jury system. A 2-year study by a Houston law firm looked at thousands of juror records in the state and found that fewer than 20 % of the people summoned to jury duty in Dallas and Houston show up. Those figures are only slightly better in smaller, more rural counties, like Lamar County, but the biggest problem is not pay, but bad addresses, Patterson told The Paris News for a story last month. Jurors are picked from a list of registered voters and licensed drivers, off a list that is updated statewide in the 1st 2 weeks of January each year - a list that is full of old addresses, after people move from one town to another. The biggest reason for juror no-shows is because the summons was sent to an old address, Patterson noted. The biggest hit, Superville said, will come when large numbers of people are called in for selection of 1 or more juries, in a process that sometimes lasts for several days. Scheduled for next month, for example, is the capital murder trial of Christopher Cobb, accused in the August 2004 slayings of his great-grandparents, for which the district attorneys office is seeking the death penalty. In such cases, jurors must be questioned individually, and just the jury selection in the Cobb trial is expected to last 3 to 4 weeks. Because the renovated county courthouse likely will not be available yet, the district attorneys office is considering moving jury selection to Love Civic Center to handle the juror pool that will be necessary to pick the Cobb jury. (source: Paris News) ******************************** Man accused of killing baby has bond set at $2 million Misael Gonzalez, 21, sat in the 1st row of what seemed like a pew in the Hidalgo County Jail courtroom Friday, his hands clasped in front of him and his head bowed as if in prayer. Justice of the Peace Charlie Espinoza called him up to the front of the courtroom and read him his rights in Spanish. When asked if he understood his rights, Gonzalez nodded and answered in the affirmative, but it was barely audible. He was charged with capital murder in connection with the death of his 5-month-old son, Jacob. Gonzalez could face the death penalty if convicted. His hands and feet shackled, deputies escorted him out of the room and to his jail cell, where he will likely sit until his trial. His bond was set at an extraordinary amount - $2 million. Gonzalez is living illegally in the United States and is considered a flight risk. Investigators are saying the childs death was not accidental, according to Hidalgo County Sheriff Lupe Trevio. "He intentionally dropped the child on the floor 3 times," Trevio said. The baby's parents took Jacob to McAllen Medical Center about 5:30 p.m. Sunday. The little boy had "skull fractures, dilated pupils, blood-shot eyes and irreversible brain damage," according to the case's probable cause affidavit. "From the beginning, it was quite obvious that the information that the father gave us was not consistent with the evidence," Trevio said. An investigator made contact with Gonzalez and obtained a voluntary statement. Gonzalez admitted he injured his son "by dropping him on the ground 3 times in an attempt to get Jacob to stop crying. As a result, (he) then noticed that Jacob became unconscious and was not breathing," the affidavit reads. The boy was initially placed on life support, and on Wednesday, Gonzalez was arraigned on an injury to a child charge. However, after the mother, Yajayra Gonzalez, made the tough decision to take him off life support Thursday and the boy died, Gonzalezs charge was upgraded to capital murder. Police say Jacobs mother was not home at the time of the abuse. There are no plans to charge her. She was also not present at her husbands arraignment. (source: The Monitor) ************************************************* Jury selection begins for man accused of killing 2 In Fort Worth, jury selection began Thursday in the capital murder trial of Stephen Dale Barbee, accused of suffocating a pregnant woman and her 7-year-old son last year and burying them together in Denton County. If convicted of capital murder in the deaths of Lisa Underwood and her son, Jayden, Barbee could face the death penalty. On Thursday, 150 prospective jurors filled out questionnaires and received instructions from state District Judge Bob Gill including directions not to watch or read news reports about the case. 7 potential jurors, mostly full-time students, were excused for technical reasons, bringing the potential jury pool to 143. Attorney Bill Ray, who is defending Barbee with Tim Moore, said he was disappointed that 25 % of the Tarrant County residents summoned did not show up for jury duty Thursday. He asked the judge to have those people arrested, a request Gill denied. "I wanted the people who blew off their jury service brought to court so we could figure out why they weren't there," Ray said. Prosecutors and defense attorneys will begin questioning potential jurors individually Jan. 17, a process that is expected to take more than a month. Among other things, they will be questioned about themselves, about whether they have formed an opinion on the highly publicized case and about their views on the death penalty. Gill told the group that the trial, which is scheduled to begin Feb. 21, is expected to last 5 to 7 business days. Prosecutor Kevin Rousseau, who is handling the case with Dixie Bersano, declined to comment about specifics of the case, citing pending litigation. "We look forward to getting the case in front of the citizens," Rousseau said. Likewise, the defense team was tight-lipped. "I'll present my case when the time comes," Ray said. Barbee, 38, who remains in the Tarrant County Jail with bail set at $4 million, was arrested Feb. 22 in Tyler by investigators who said he confessed to killing Underwood, 34, co-owner of Boopa's Bagel Deli, and Jayden, a 1st-grader at North Riverside Elementary School. Investigators said Barbee told them that he suffocated Underwood, whom he had dated, after they argued inside her north Fort Worth home about his refusal to leave his wife. Underwood was 7 months pregnant. Jayden, Underwood's son from a previous relationship, ran into the room screaming during the fight between Barbee and his mother, investigators said. Barbee told police that he held his hand over the boy's nose and mouth until he was dead. Afterward, police said, Barbee loaded the bodies into the back of Underwood's sport utility vehicle, drove to a rural area off Farm Road 407 near Justin and buried the mother and son. Barbee later led investigators to the grave. In April, Barbee's former co-worker and friend Ron Dodd, 34, was indicted by a Denton County grand jury on 2 counts of tampering with physical evidence. Investigators accused him of helping Barbee conceal the bodies. Because Dodd has a felony conviction, he could be sentenced to a maximum of 20 years in prison. Dodd is free on bail awaiting his trial, which is scheduled to begin Jan. 23. In an interview with the Star-Telegram after her husband's arrest, Barbee's wife, Trish, said Barbee told her that he wasn't sure that he was the father of Underwood's unborn child and that Underwood had been blackmailing him by threatening to tell his wife about the pregnancy. DNA tests were performed on the fetus to determine paternity, but officials have not publicly reported the results. (source: Fort Worth Star-Telegram) **************************** As concerns increase, crime lab panel stalls The Texas Forensic Science Commission is off to a slow start. Only 2 of the 9 members of the commission have been appointed. That is unacceptable given the serious questions raised about the quality of work being done in some state-operated crime labs and the alarming findings from a special investigation into the Houston Police Department's crime lab. Legislation to establish the commission came in the form of a compromise last session. It did not go as far as establishing regional crime labs as some had wanted, but it did set up a system of checks and balances on the various crime labs in the state. Gov. Rick Perry, Lt. Gov. David Dewhurst and state Attorney General Greg Abbott were to have named a total of 9 members to the commission. As of Friday, Abbott was the only one who had made his 2 appointments. Perry and Dewhurst should get moving on the 7 other appointments. The members were to have been named by Nov. 1. The Texas Forensic Science Commission is not the cure-all for the state's crime lab woes, but the sooner it is established the sooner it can start investigating allegations of misconduct and negligence. An independent investigator looking into problems at the Houston crime lab issued a disturbing report this week, stating that a review of more than 1,000 DNA cases analyzed by the lab between 1987 and 2002 found "severe and pervasive problems." That is not encouraging. So far, flawed work at the Houston lab has prompted the release of two men from prison. The latest report raises questions in the cases of 3 death row inmates and has prompted city officials to expand the scope of the investigation into the serology lab back to 1980. Forensic findings are wonderful prosecution tools when used properly. Unfortunately, as we have learned, their quality is only as good as the person performing the lab work. Getting to the root of the lab problems and holding those responsible are crucial to the integrity of the criminal justice system. The lives and liberty of many individuals are at stake. (source: Editorial, San Antonio Express-News) ************************** Trials cost big bucks -- Taxpayers pay hefty price for capital murder trials The early end of the most recent capital murder trial in Randall County saved taxpayers thousands of dollars. Stephen Kimberlin pleaded guilty to murder Thursday in the death of Dustin Pool in a drug-related killing. He got a 45-year sentence for the murder. "We saved a couple $100,000, but we had already spent $100,000 getting ready," said Randall County Criminal District Attorney James Farren. A capital murder trial can cost more than $300,000 for just the trial itself. Through the appeals process, the cost rises significantly. "If we seek the death penalty, by the time we get to the actual execution, the cost is probably $1.5 million to $2 million because of appointed attorneys for the defendant and experts to testify," Farren said. Prosecutors can choose to seek the death penalty or life in prison in capital cases. "Of the many things you have to think about, the cost of trying a death penalty case is probably at the bottom of my list," said 47th District Attorney Randall Sims. "If the facts and circumstances dictate the proper sentence is death, I would stand on the street corner asking for money if that's what I had to do. I think you have an obligation to do that and give the jury a chance to decide." Farren, however, points to preserving resources for the future. "If I expend all our resources prosecuting the people who killed Dustin Pool, I can't do that when someone goes into a daycare next week and kills 10 children," he said. "You have to be more careful than that." There are 4 more defendants facing capital murder charges in the Pool case. "We're not seeking the death penalty against any of those defendants. At this point, we have reached agreements with all but 2 to eventually plead guilty," Farren said. Michael Elliston and Tori Patrick have preliminary plea agreements. Frank Chacon and Michael Stocker do not. Joshua Stocker's capital trial in the Pool case, which ended in a guilty verdict and a life sentence, cost about $300,000. "Money factors in, there's no question about it. But it's not the only factor. But there is a difference in the value of a human life, whether you call it monetary or not. When Mother Teresa died, we lost something we didn't when Hitler died, and that's true in criminal cases," Farren said. "But no human being deserves to be killed and dumped in a grain elevator like Pool was." There are 3 other capital cases pending in Randall County and the future threat to society from letting a convicted killer live factors into the decision to seek the death penalty. Mark Hanson, Robert Jordan and Roy Jones are all waiting for their capital murder trials. "We will seek the death penalty against Mr. Hanson because we think the evidence will show he is a continuing threat to society. We haven't made a final decision on Mr. Jones, but we likely will seek the death penalty for the same reason," Farren said. The threat of a dangerous criminal can also exist in prison and Sims considers that as well when deciding what penalty to seek. "They could potentially end up in the general population in prison and anybody could be their cell mate - somebody serving for a DWI or theft. The workers and inmates in prison deserve safety too," he said. (source: The Amarillo Globe-News) *************************** Pastor splits time between preaching, law Allen Isbell spends his weekdays in Houston courtrooms defending the accused, including those facing the death penalty. But on Sundays youll find him preaching and teaching at Galvestons Broadway Church of Christ. The Daily News: How did you come to faith? Isbell: People could say I was born into it. The first place I went as a baby was to church. My parents took me when I was 14 days old. Presently, I am in my 60s, and I have attended church faithfully and regularly since that earliest day. My father was a preacher for the Church of Christ and an educator. One summer in my preteen years, I attended church 60 nights in a row because my father was preaching in summer revivals in North Texas. Unlike the common perception of a preachers kid, I never rebelled against my beliefs or the church. My parents planted the seed of faith when I was a child. That faith has grown large and strong, like a deeply rooted oak tree. The Daily News: How has your faith changed your life? Isbell: My faith has always informed my choices, including my choices for an education, my professions and my choice in marriage. After 14 years as a full-time minister, I started practicing law in Houston. I chose to establish my own law practice so I could pursue my Christian commitments without having to get the permission of others who may not share my beliefs or religious enthusiasm. Whenever my conduct has not been consistent with my beliefs, those beliefs have rescued me from the inconsistency. The Daily News: What has your faith cost you? Isbell: My faith has cost me pleasures that my human, impulsive nature finds momentarily attractive or enjoyable. When one takes spirituality seriously, one recognizes the conflict between what one wills to do and what one ought to do. My faith has cost me some friendships or closeness to those who want approval for what I cannot approve. My faith permits me to accept people whose lifestyles are incongruent with the Christian faith, but it does not permit me to approve those lifestyles. My faith has isolated me from some people with whom I agree theologically, but with whom I disagree on social issues. I feel strongly that following Jesus requires our society to meet the common needs of people, including noncitizens. I find it strange that others do not see this teaching in the Gospels. Perhaps they find it strange that I see it so strongly. The Daily News: How do you express your faith to others? Isbell: I am trained and educated for the ministry (M.A. degree in biblical studies) and I am trained as an attorney (J.D.). I have engaged in both professions simultaneously for more than 30 years. Since 1977, I have been the minister and adult Bible class teacher at the Broadway Church of Christ in Galveston. I allocate at least 25 hours a week in preparing those Bible lessons. During the week, I practice law in Houston. My Christian beliefs determine how I treat clients, other attorneys and the courts, although I rarely tell them the extent of my religious activities. Hopefully, my conduct is a witness to my religious beliefs. I take seriously Jesus imagery that his disciples are to be "light and salt" in the world in what they say or do in making a living. The Daily News: How has your faith deepened over the years? Isbell: In retrospect, I have determined the presence and will of God at times when I was not aware of that presence or maybe doubted that presence. This retrospective view has strengthened my faith. It permits me to have a sense of dependence without the anxiety that sometimes goes with that awareness. Daily prayer is more important personally than when I was younger. The Daily News: For what things has your faith made you the most thankful and the most concerned? Isbell: I am very concerned about any trend that identifies Christianity with any political party or slate of candidates. I am concerned about materialism within the modern church, which preaches a "Gospel of wealth" or equates material prosperity with Gods favor. I am concerned with the predisposition to color every moral issue in shades of gray. The war in Iraq concerns me because it has distorted the classic Christian teaching of a "pre-emptive war" or "preventive war," especially now that the primary rationale for invading that nation seems not to have been true. Also, I regret that so much of our present and future wealth is being spent in that war when the health care and other needs of our people are unrealized. I am very thankful for the circle of Christian friends who encourage me daily. I am fortunate to be part of a small church that feeds the homeless every Sunday and shows Christian generosity in every way. I am thankful that neither the church nor our community is divided along racial lines. In this respect, in my lifetime, our nation has risen to a higher ethical life consistent with Jesus teaching. (source: Galveston County Daily News) VIRGINA: Chance for Answer Secured in a Fridge----Scientist Guarded DNA in Va. Case After '92 Execution Forensic scientist Edward Blake kept vials of genetic evidence from the 1981 rape and murder of a young Virginia woman in a refrigerator at his California laboratory for more than 15 years. He even ignored a judge's order to send the samples back to Virginia because he feared they would be destroyed. Blake's refusal to part with the genetic clues now has given the state a chance to determine whether Virginia executed the right man for the crime in 1992. Virginia Gov. Mark R. Warner (D) announced this week that he has ordered modern DNA analysis in the case of Roger K. Coleman, reversing a long-standing state position against post-execution genetic testing. Ellen Qualls, a Warner spokeswoman, said yesterday that the samples Blake preserved are the only evidence known to remain in Coleman's case. Other evidence -- including blood-drenched clothing and other samples from the victim's body -- could not be located by Virginia State Police, Qualls said. Virginia law does not require evidence to be saved after an execution. "I did my job protecting those DNA samples," Blake said yesterday. "We can't resurrect Roger Coleman, and we can't execute him again. The important thing here is that the public's right to know has been upheld." Coleman, a coal miner from the town of Grundy in southwest Virginia, was convicted and sentenced to death in the rape and stabbing of his sister-in-law, 19-year-old Wanda McCoy. But he maintained his innocence, even announcing the night of his execution that "an innocent man is going to be murdered tonight." Warner's decision marks the 1st time that a governor has ordered genetic testing of someone who has been executed. Results of the analysis, which is being conducted by scientists in a Toronto laboratory, could be announced before Warner leaves office next week. Peter Neufeld, co-director of the New York-based Innocence Project, which has helped clear more than 170 inmates through DNA testing, praised Warner's decision but said the case also shows that more needs to be done to save evidence. "A majority of states do not have bills requiring the preservation of biological evidence, and it makes no sense," Neufeld said. "You need it, not only to exonerate the innocent, but to convict the guilty." Most state laws don't address the issue of evidence preservation after an inmate has been executed. In Virginia, a 2001 law requires that biological evidence in capital cases be kept at a state laboratory until a sentence is carried out. Defendants in felony cases have the right to ask a judge to mandate that DNA evidence be kept for 15 years or longer. Steven D. Benjamin, a board member of the National Association of Criminal Defense Lawyers who has a practice in Richmond, said the 2001 law provides a valuable right to defendants. But he said few defense lawyers or defendants are aware of the statute. "This was an important statute that was passed, but it's not living up to its potential because nobody knows about it," Benjamin said. So far, Virginia officials said, evidence is being saved in 19 cases, including 7 capital cases. The testing in Coleman's case marks only the second time nationwide that DNA tests have been performed after a defendant was executed. In 2000, tests ordered by a Georgia judge on evidence in the case of Ellis W. Felker, who was executed in 1996, were inconclusive. Genetic tests exonerated Florida inmate Frank L. Smith in 2000, several months after he died of natural causes while awaiting execution. During Coleman's trial, authorities said there was strong evidence of guilt, including hair on McCoy's body that was similar to Coleman's and the account of a jailhouse informant. Officials also noted that he had been convicted of attempted rape in 1977. Coleman said he had an alibi and would not have had time to commit the killing. Defense lawyers also have gathered affidavits from people who said another man admitted to killing McCoy. Blake said he thinks it is likely that the scientists will be able to determine whether Coleman, or another man, raped McCoy. But the results also could be inclusive. Tom Scott, a criminal defense lawyer from Grundy who helped prosecute Coleman, said the testing probably would conclusively prove Coleman's guilt. "I would think it would confirm what we said all along, that Coleman was the rapist in this case." (source: Washington Post) ************** Friend of Executed Man Speaks About Case Being Re-Opened For over 2 decades many people have said there was not enough proof Roger Coleman raped and murdered his sister in law, Wanda McCoy, even featuring him in Time magazine. But few knew him like Dr. Robert White, a professor at Lynchburg College. White: He'd sign letters your brother and refer to me as his brother, and that's the way I still know him. The 2 became friends while Coleman was on death row. Dr. White always believed Coleman was innocent. Melissa: For you the facts just didn't add up? White: The facts just didn't add up. And they didn't for many others. Coleman's case gained international attention as he appeared on the Today Show and proclaimed his innocence. Coleman from interview years ago: I didn't kill Wanda, I didn't rape Wanda. The Pope even tried to save his life. Now 15 years after his execution, DNA testing could answer years of what ifs. Dr. White: Even if testing shows Roger was the murderer, this is resolution everyone needs including me. Dr. White believes Coleman's case could be a major turning point for other people facing charges. Dr. White: We must be much more careful for such a serious conviction, particularly if Roger turns out to be innocent-- How many other people are innocent? Dr. White hopes the results will clear Coleman's name, even if they don't. Dr. White: Nonetheless, he will be my friend and more. I spoke with the Governor Mark Warner's office late this afternoon. This has been such a divided issue, it's taken Warner nearly his entire term to have Coleman's case re-opened. A lab in Canada has already tested 1 sample and they'll test a 2nd in just a few days. A spokesman cautions the samples are small and old, so if anything comes of this testing, we will know next week. (source: WSLS NewsChannel 10) OREGON: Report Says Mistaken Arrest Was Due to FBI's Sloppy Work The FBI was sloppy and arrogant in its investigation of Oregon lawyer Brandon Mayfield, but the agency did not misuse the Patriot Act or break any laws, according to a government report released Friday. The review by the Office of the Inspector General - the Justice Department's internal watchdog - found that FBI fingerprint experts had made numerous mistakes in identifying a print as belonging to Mayfield during the investigation of the 2004 Madrid train bombings. The fingerprint found on a bag of detonators near the bombings was similar to Mayfield's, but FBI experts overlooked "important differences" between the prints, Inspector General Glenn A. Fine said. Furthermore, he said, the FBI ignored information from Spanish police that pointed to another suspect. "We believe that the FBI Laboratory's overconfidence in the skill and superiority of its examiners prevented it from taking the [Spanish report] as seriously as it should have," Fine said in a 20-page summary of the report. The full report, containing about 270 pages, remains classified. In his summary, Fine also said that FBI agents had made inaccurate and vague statements to a federal judge to obtain warrants to search Mayfield's Portland-area home and to eventually arrest Mayfield. In one instance, agents led a judge to believe that U.S. and Spanish authorities agreed that the print on the bag was Mayfield's. The fingerprint eventually was found to belong to an Algerian national, and the FBI - which held Mayfield in a Portland jail for 2 weeks, with as many as 22 hours a day of solitary confinement - released him and publicly admitted its mistake. Mayfield, 39, is suing the FBI and the Justice Department on charges that they violated his civil rights and invaded his privacy. Mayfield could not be reached for comment, but his attorney, Gerry Spence, said the report's conclusions "substantiate Mr. Mayfield's allegations that the FBI acted with gross negligence." Spence said the report also confirmed his belief that "if it were not for the Spanish police, Mr. Mayfield would have been charged with a death-penalty offense and probably convicted." The FBI said in a statement from Washington, D.C., that Mayfield's arrest in May 2004 "was based on an extremely unusual confluence of events" and that the agency had since implemented a number of measures to "minimize the risk of occurrence of a mistake." Those measures included a complete review of prior digital fingerprint identifications and a monthly review of cases involving death row inmates who were convicted or sentenced based on FBI fingerprint identification. The inspector general's report, however, said the FBI's measures did not go far enough, and recommended further changes, such as a revision of the agency's standard operating procedures to include "greater detail" in matching prints and "meaningful minimum documentation requirements for identifications." Mayfield, who filed his suit in October, claims the government targeted him because of his Muslim faith - something the FBI has vigorously denied. The inspector general's report seemed to provide ammunition for both sides. The inspector general, the report said, looked into whether FBI fingerprint examiners "were improperly influenced by knowledge of Mayfield's religion when they made the identification." Fine said his reviewers concluded that the examiners were not aware of Mayfield's faith at the onset, but that the subsequent investigation and arrest might have been fueled in part by the FBI's discovery that Mayfield was a Muslim convert, had once represented a suspected terrorist, and had contacts among local Muslims. "One of the examiners candidly admitted that if the person identified had been someone without these characteristics, like the 'Maytag repairman,' the laboratory might have revisited the identification with more skepticism and caught the error," the report said. The case began in March 2004, when a series of bombings killed 191 people and injured 1,400 in Madrid. Shortly after, Spanish police found the bag of detonators and asked for the FBI's help in identifying the fingerprint. After the FBI incorrectly determined that the print belonged to Mayfield, agents began 24-hour surveillance of him and his activities. The surveillance included several "sneak and peek" searches conducted when no one was home. According to the inspector general's report, the FBI decided to arrest Mayfield more quickly than it would have wanted, fearing that members of the news media - which had begun inquiring into an "American suspect" in the Madrid bombings - would expose the investigation and cause Mayfield to flee. Mayfield was arrested May 6, 2004, and held as a material witness. After Mayfield spent 2 weeks in detention, the FBI retracted its identification, and released him under a storm of public criticism that the agency had abused its powers under the Patriot Act. The report found that the FBI did not abuse its powers, but conceded that the Patriot Act, which gives the government expanded authority in terrorism cases, allowed a level of coordination among investigative agencies and prosecutors that fueled and fomented the case against Mayfield. "We did not find any evidence that the FBI misused any of the provisions of the Patriot Act in conducting its investigation of Mayfield," the report said. "However, the increased information sharing allowed by the Patriot Act amplified the consequences of the FBI's fingerprint misidentification." (source: Los Angeles Times) NORTH CAROLINA: State Bar: Complaint Against Prosecutors Filed Too Late The N.C. State Bar, which had charged two prosecutors with lying, cheating and withholding evidence in a murder trials, decided that defense attorneys didn't file their complaint against the prosecutors in time. The State Bar had charged Kenneth Honeycutt and Scott Brewer in connection with their actions in a 1996 murder trial that ended in a death sentence. Honeycutt, the former district attorney in Union County, has since retired to private practice; Brewer is now a District Court judge in Richmond County. The ruling issued Friday interpreted the State Bar's rule on deadlines for filing complaints against not lawyers. It did not address whether the former prosecutors had committed misconduct in the trial of Jonathan Hoffman. Hoffman was sentenced to death for the robbery and murder of Danny Cook, a jewelry store owner in Marshville. The News & Observer of Raleigh wrote about Hoffman's case in November 2003. In April 2004, Hoffman won a new trial after 7 years on death row. A cousin, Johnell Porter, who was facing prison terms in South Carolina and in federal prison, testified against Hoffman. The State Bar said Honeycutt agreed to reward Porter for his testimony at trial with immunity from state and federal prosecutions, money and a reduction in his federal sentence. Porter said recently that he made up the testimony about Hoffman in order to get the deal. The State Bar also charged that Honeycutt and Brewer hid the deal from the jury, the trial judge and Hoffman's lawyers. It also said the former prosecutors altered documents concerning the deal when submitting material to a judge. Lane Williamson, a Charlotte lawyer who headed the disciplinary panel that heard the case, called the rule on the deadline hopelessly ambiguous and suggested the rules be rewritten. Mike Howell, one of Hoffman's lawyers, said he was disappointed by the ruling. "It is one of the worst cases of prosecutorial misconduct I've ever heard of," Howell said. "They lied to try to put a man to death, and then lied to cover it up, and they still won't admit it." Honeycutt, Brewer and their lawyers did not return telephone calls for comment Friday, The N&O reported. Williamson, the panel's chairman, asked the State Bar to submit a memo on the deadline issue next week, before the panel issues its written order, indicating a slight possibility that the panel could change the ruling. (source: The Associated Press) USA: Clemency makes a mockery of the judicial process People on death row denied mercy to those they killed, so why should they be granted clemency years after the fact? Death row inmates have had years (at the expense of taxpayers) to go through a process of appeals in the hopes their death sentence will be updated to life in prison without parol status. The appeals process extends the lives of convicted killers many years beyond what should be acceptable for the punishment to be carried out. During this time the victims fade into the background, while sympathy grows for the killer/killers. Proponents of the death penalty don't understand the need for the ultimate punishment for murderers, because they are living in a dream world on the assumption that most hardened criminals can be rehabilitated and they won't ever be a victim. At least 99.9 % of those who committed murder knew it was wrong at the time they were performing these hideous acts, so how can they be rehabilitated? If the death penalty was effective as it should be, it would be more of a deterrent to people contemplating murder - is the futile argument of opponents of the death penalty. While many other people believe the deterrent is a failure, because it takes so many years before the sentence is actually carried out. Whether or not to grant clemency to a death row inmate has to be a difficult decision, and I am convinced it was not any easier for California Governor Schwarzenegger, as he denied clemency to convicted killer Stanley Williams. There were many areas for Schwarzenegger to consider: The jury had spoken when they found Mr. Williams guilty 25 years ago, and recommended the death penalty for the 4 people he was accused of killing. The 4 were denied their right to life and liberty, due to having their lives being snuffed out by a callous and uncaring killer. In California the death penalty is law. And what about the victims and the people they left behind who will grieve a lifetime for their brutal deaths? Where is their justice if a killer is granted clemency? Many anti-death penalty advocates think that life in prison without parole is the answer to lowering the crime rate. But there are not any substantial documents of proof or favorable statistics to back up their claim. Carrying out the death penalty is for a crime already committed. It is the ultimate "punishment" for murderers. I view the punishment as a state's retribution for the victim/victims who had their lives snuffed out. The state is acting in self-defense for the victims who were brutally killed. They were not granted mercy by their slayers, so an eye for an eye is the only way to rid society of these people who don't have any respect or regard for human life. Will having regret or saying "I'm sorry" benefit the family of victims? Hardly! The numerous recounts by the media of how Mr. Williams reacted to a nurse encountering problems injecting the lethal substance into a particular arm or how he looked at them or other people in the room - as his life was ending, just shows how the media has a fixation with the macabre side of life. I am sure that Mr. Williams died a painless death compared to his victims. But the mental anguish of eating a last meal, and watching the clock move rapidly to the execution time, has to be a very foreboding and intense process. If the death penalty is not a deterrent to crime, it is all we have (at this time) until someone comes up with a better solution. But I certainly wouldn't be foolish enough to get my hopes up for a viable solution to come along anytime soon. And that's just my opinion! (source: Renew America - Kaye Grogan is a freelance writer who lives in Virginia. She writes, produces, and hosts a daily commentary called "Viewpoint" on her local radio station. She has written op-eds and articles for the Daily Republican newspaper. She also writes editorials for online newspapers and local papers)
