Jan. 31 TEXAS----execution Elizalde executed after final appeals denied A prayerful Jaime Elizalde Jr. was executed Tuesday evening for the fatal shooting of 2 men outside a Houston cantina more than 11 years ago. In a brief final statement, Elizalde thanked friends for their support and urged fellow death row inmates to "keep the faith and stay strong and put your faith in the Lord." "Many times in life we take the wrong road and there are consequences for everything," he said. "Mistakes are made but with God all things are possible, so put your faith and trust in him." Elizalde said that inmates talk about Supreme Court reprieves, but "the real supreme court you must face up there and not down here. The best reprieve is from God himself." Elizalde also urged them to keep their heads up and stay strong and expressed his love. Then he began praying as the drugs were taking effect. 8 minutes later at 6:17 p.m. CST he was pronounced dead. At the time of his arrest, Elizalde, 34, was on parole after serving almost 4 years of a 10-year term for cocaine possession and auto theft - a conviction he picked up at age 17. The double slaying culminated an argument days earlier between his father and one of the victims. The lethal injection was the second this year in Texas, the nation's busiest capital punishment state. Three more inmates, among at least a dozen with execution dates in the coming months, are scheduled to die in February. About 30 minutes before his scheduled execution time, the U.S. Supreme Court turned down late appeals attorneys filed in hopes of halting the punishment. Elizalde's lawyers argued he could be mentally retarded and ineligible for execution. They also challenged Texas' use of lethal drugs as the execution method, saying they caused unconstitutional pain and suffering. The Supreme Court, within moments of the announcement of its ruling on Elizalde, stopped a Florida execution where an inmate raised a similar claim about the drug use. State attorneys, in a court filing, said the mental retardation claim was meritless and "nothing more than a calculated attempt to postpone his execution." The injection complaint, they said, was frivolous and should have been raised years ago. They also argued Elizalde never exhausted administrative remedies within the Texas prison rules about the drugs used to kill him and wasn't entitled to court intervention. Elizalde, who worked as a welder and dropped out of Houston public schools in the ninth grade, admitted in a recent interview from death that he was at the El Lugar bar the night of Nov. 5, 1994. That was a violation of his parole, but he said he was not involved in the shootings of Juan Saenz Guajardo, 29, and Marcos Sanchez Vasquez, 33. "I don't know what happened," Elizalde said. "I had nothing to do with that. That was none of my business." He did not testify at his capital murder trial. 2 witnesses familiar with him identified Elizalde as the gunman. "Everything was just hearsay and circumstantial," Elizalde said. Jurors at his trial also were told of his leadership in the Mexican Mafia, a notorious prison gang. They also heard evidence of his involvement in assaults while in prison, including the stabbing of another inmate. "Sometimes you do what you've got to do," Elizalde said. "Fear has never been something that's gripped me. Death comes to all of us. ... "I've been in front of a gun where I've had the hammer come down and it didn't go off. I've been stabbed. I've been in so many fights. I've had to have my head sewn up. You have to adapt. So I can't really say I'm scared of dying." Elizalde's father, who also was at the bar, was arrested in the case and jailed for some 2 years before he was released. Prosecutors said the father signaled his son, pointing out the victim, while heading outside. Both Elizalde and his father, who never was tried, denied any such signal. Elizalde was set to die in November but received a reprieve after confessing to another killing that landed someone else in prison. He also said the man convicted of that slaying was responsible for the 2 killings that earned him a spot on death row. When a judge called on him 2 weeks ago to testify about the other case, Elizalde cited his Fifth Amendment rights and refused to answer questions. Elizalde becomes the 2nd condemned inmate to be put to death this year in Texas and the 357th overall since the state resumed capital punishment on December 7, 1982, Elizalde becomes the 118th condemned inmate to be put to death since Rick Perry became governor in 2001. Next on the execution schedule is Robert Neville, 31, condemned for the 1998 abduction and torture slaying of a 19-year-old co-worker at an Arlington super market. Texas is scheduled to carry out 3 executions in February, 5 more in March, and 3 more thus far in both April and May. Elizalde becomes the 5th condemned inmate to be put to death this year in the USA and the 1009th overall since the nation resumed executions on January 17, 1977. (sources: Associated Press & Rick Halperin) ***************** Death penalty sought for Whitaker Prosecutors on Monday made official their intent to seek the death penalty against Bart Whitaker, the Sugar Land man accused of plotting to kill his family in 2003. Whitaker, 26, appeared in court on Monday for a pretrial hearing. He formally entered a not guilty plea to capital murder for the deaths of his mother and brother, 51-year-old Patricia Whitaker and 19-year-old Kevin Whitaker. Prosecutor Fred Felcman filed a notice to seek the death penalty for the case, a move that left father Kent Whitaker "disappointed." "I am so disappointed to hear the district attorney is going to go after the death penalty," said Whitaker, speaking after the hearing. "I have begged them not to. Tricia's family has as well. We're the ones most closely affected by this awful crime and Tricia wouldn't want this; neither would Kevin. And those of us who were close to them wouldn't want it, either." Houston attorney Dan Cogdell is representing Whitaker, and did not wish to discuss the case in detail. District Attorney John Healey said his office decided to seek the death penalty after considering the facts of the case, Whitaker's criminal record, information from police and from the families affected by the crime. "After weighing those factors, I feel that the right thing to do is to allow the jury the chance to consider the full range of punishment. Without notifying the court and the defense we are seeking the death penalty as an option for the jury to consider, the case would go on with only life in prison as an option," said Healey. Whitaker and two other men, Chris Brashear and Steve Champaign, have been indicted for capital murder for the Dec. 15, 2003 shootings of Kevin and Patricia Whitaker in the Sugar Lakes subdivision of Sugar Land. Investigators say Brashear dressed like a burglar and carried out the shooting, while Champaign drove Brashear to and from the site. Investigators allege Whitaker masterminded the operation over a potential $1 million inheritance. The Sugar Land Police Department arrested the three men in the fall of 2005. They are scheduled for another court appearance on March 27. No trial date has been set. If a jury finds Whitaker guilty, that jury would decide between life in prison or the death penalty. Death penalty notices have not been sought against either Brashear or Champaign at this point. Judge Cliff Vacek of the 400th District Court is presiding over the case. (source: Fort Bend Herald-Coaster) FLORIDA----stay of execution Supreme Court Blocks Second Florida Execution In One Week Rutherford Timeline: Aug. 22, 1985: Body of 63-year-old Stella Salamon found submerged in bathtub in Milton home. She had a broken arm, bruises on her face and arms and severe head wounds. Medical examiner said she died from drowning or asphyxiation. Aug. 23, 1985: Arthur Rutherford arrested after getting assistance from friend to cash as $2,000 check on Salamon's account. Rutherford had done some carpentry work for Salamon. His finger and palm prints were found in bathroom where Salamon was killed. Sept. 11, 1985: Rutherford indicted on charges of 1st-degree murder and robbery with a firearm. Jan. 31, 1986: Rutherford found guilty of all charges. Feb. 1, 1986: Jury recommends death sentence by an 8 to 4 majority. April 2, 1986: Judge grants mistrial due to discovery violations by the state. Oct. 2, 1986: On retrial, Rutherford was found guilty on all charges. The jury, on a 7 to 5 vote, recommends death penalty. Dec. 9, 1986: Rutherford sentenced to death for murder count and 30 years on armed robbery. June 16, 1989: Florida Supreme Court affirms conviction and sentence. Oct. 30, 1989: U.S. Supreme Court denies appeal. Dec. 17, 1998: Florida Supreme Court denies appeal. Sept. 1, 2000: U.S. District Court dismissed petition for writ of habeas corpus. Oct. 12, 2000: Florida Supreme Court denied petition for writ of habeas corpus. Aug. 29, 2002: U.S. District Court again denies appeal. Nov. 29, 2005: Governor Jeb Bush signs death warrant. Dec. 20, 2002: Motion for rehearing denied for Santa Rosa Circuit Court. May 25, 2004: Florida Supreme Court turns down appeal. Sept. 27, 2004: U.S. 11th Circuit Court of Appeals affirms denial of Rutherford's petition for habeas corpus. Feb. 22, 2005: U.S. Supreme Court denies appeal. April 18, 2005: U.S. Supreme Court denies another appeal. July 18, 2005: Florida Supreme Court denies appeal. Jan. 5, 2006: Florida Supreme Court denies petition for writ of habeas corpus. Jan. 5, 2006: State Supreme Court denies appeal. Jan. 27, 2006: Florida Supreme Court denies appeal. Jan. 30, 2006: U.S. 11th Circuit Court of Appeals turns down Rutherford's appeal in 2-1 vote. ** The Supreme Court on Tuesday blocked the execution of a man who drowned a woman in her bathtub a decade ago, granting a stay to a Florida death row inmate for the 2nd time in a week. The court, acting without its newest member, ordered Florida to stop the evening execution of Arthur Rutherford, who claims that the state's lethal injection procedure is cruel and unusual punishment. The court's action came just as Florida was preparing to execute Rutherford and only a few hours after justices gathered privately for the swearing in of new Justice Samuel Alito. Alito did not consider Rutherford's case. Florida inmate Clarence Hill won a Supreme Court stay last week, after he had already been strapped to the gurney. Justices said they would use Hill's case to clarify how inmates may bring last-minute challenges to the way they will be put to death. Arguments are expected this spring. The intervention in Rutherford's case was not a surprise because he also brought a late challenge to lethal injection. An appeals court said he could not pursue the claim. The stay Tuesday will remain in place until justices deal with the issues raised by Hill and Rutherford. Rutherford, 56, was convicted of robbing and killing Stella Salamon, a 63-year-old widow originally from Australia, in 1985 at her Milton, Fla., home, where the handyman had installed some sliding glass doors. The woman was severely beaten and drowned or asphyxiated. Her body was found in a bathtub. Four witnesses testified that Rutherford either told them that he was planning to kill her or admitted it afterward. (source: Associated Press) *********** Prisoner Dna Testing----Truth should not hinge on a deadline The attitude of some Florida legislators toward truth and justice is scandalous. Faced with a staff report suggesting it might cost a bit more than $2 million the 1st year for DNA tests to review criminal convictions, the House Criminal Justice Committee is finding it a tough call to support HB 61 CS. That bill and its companion Senate Bill 186 CS would lift the current deadline on DNA testing for prisoners and extend the right to testing to those who pleaded guilty or no contest. Lawmakers with more than $3 billion in windfall revenues this year aren't sure about spending less than a tenth of a percent of that each year to find the innocent people in Florida prisons. Resistance comes largely from people - prosecutors, police and their allies in the Legislature - who are afraid of having their mistakes exposed. Gov. Bush, not noted for being soft on crime, supports eliminating such deadlines altogether, which is the right thing. We have had a chilling series of DNA exonerations of men recently who served decades for crimes they didn't commit. The Senate Criminal Justice Committee voted unanimously last week in support of SB 186 after listening to the powerful testimony of Wilton Dedge, who spent 22 years behind bars for a rape he didn't commit. Alan Crotzer, now 45, was released this month after serving 22 years for the rape, robbery and kidnapping. Luis Diaz, supposedly the notorious "Bird Road Rapist" of Miami, was freed last summer after 26 years. Jerry Frank Townsend, a mentally handicapped Broward County carnival worker, was absolved of murder and rape 2 decades after he went to prison. Frank Lee Smith also was cleared in the killing of a Fort Lauderdale child after he had died on death row of cancer. Urge our leaders to support this legislation, and preferably to permanently end deadlines on DNA testing for convicts. CONTACT THEM - Sen. Burt Saunders, District 37, 338-2777 in Lee or 417-6220 in Collier; saunders.burt.web @flsenate.gov. - Sen. Dave Aronberg, District 27, 338-2646; [email protected]. - Sen. Mike Bennett, District 21, 823-5718; [email protected]. - Rep. Michael Grant, House District 71, 941-764-1100; [email protected]. - Rep. Paige Kreegel, House District 72, 941-575-5820; [email protected]. - Rep. Bruce Kyle, District 73, 335-2411; [email protected]. - Rep. Jeff Kottkamp, District 74, 344-4900; jeff.kottkamp@ myfloridahouse.gov. - Rep. Trudi Williams, District 75, 433-6775; [email protected]. - Senate President Tom Lee (850) 487-5072; [email protected]. - House Speaker Allan Bense, (850) 488-1450; [email protected]. - Rep. Dick Kravitz, chair House Criminal Justice Committee, (850) 488-1304; dick.kravitz@ myfloridahouse.gov. - Rep. Wilbert "Tee" Holloway, vice chair House Criminal Justice Committee, (850) 488-0766 - Gov. Jeb Bush (850) 488-4441; [email protected]. (source: Opinion, News-Press) SOUTH CAROLINA: S.C. prosecutors plan to seek death penalty against N.C. man A prosecutor in South Carolina says he plans to seek the death penalty against a North Carolina man accused of killing a convenience store owner in September. 40-year-old Charles William Connor of Mooresboro is charged with murder, armed robbery and other charges in Cherokee County, South Carolina. He and 44-year-old Myra Gunther Christenberry were arrested in Shelby (North Carolina). Christenberry also was charged with murder and armed robbery in the death of 34-year-old Natesh Ramesh Patel at Jed's convenience store in Blacksburg. Prosecutor Trey Gowdy has filed notice he'll seek the death penalty against Connor, and says his office is reviewing Christenberry's case, too. (source: Associated Press) USA: US urged not to execute the mentally ill Nearly 10 % of prisoners executed in the US in the past 3 decades have suffered from some sort of serious mental illness, the UK-based human rights organisation Amnesty International says in a report to be released today. The 180-page study, which calls on the US to outlaw the execution of mentally ill inmates, also says that about 10 per cent of the 3,400 inmates now on death row are believed to suffer from similar disorders. The question of whether mentally ill prisoners convicted of capital crimes should be executed has long been controversial in the US. In the 1992 presidential race, then Arkansas governor Bill Clinton helped shore up his credentials for being tough on crime when he presided over the execution of Ricky Ray Rector, a convicted police killer who was seriously mentally impaired following a failed suicide attempt. The Amnesty report provides detailed biographies of 100 of the more than 1,000 prisoners put to death since the US moratorium on capital punishment ended nearly 30 years ago, saying they faced disorders such as schizophrenia, bipolar disorder and post-traumatic stress disorder. "In case after case, defendants have been sentenced to death in US courts without jurors or judges hearing evidence of severe mental illness," said Mike Blakemore, Amnesty International UK media director. "Prisoners who should never have stood trial on grounds of mental incompetence have nevertheless done so and have gone to their deaths essentially unaware of what was being done to them." The US Supreme Court in 2002 ruled that the death penalty should no longer be used against "mentally retarded" prisoners, and said last year that offenders who were minors when the crime was committed should also be exempted. However, Dudley Sharp of the US pro-death penalty group Justice Matters says it is important to look at the degree of mental illness, and says all murders and rapists are by nature sociopaths, and hence mentally ill. Among states with the death penalty, only Connecticut outlaws the execution of prisoners on the basis that they were mentally ill at the time of the crime. (source: Financial Times)
