Feb. 11 NEW YORK: Defense attorney says confession coerced, should be tossed out A defense attorney argued Friday investigators bullied an ex-convict into confessing to murdering three women, insisting the statement should be barred as evidence. Investigators questioned Nicholas Wiley in a small windowless room for nearly 2 days nonstop without giving him adequate food and rest, eventually coercing the confession, said defense attorney Thomas Miller. Miller appeared before Onondaga County Judge Joseph Fahey seeking to have the statement ruled as inadmissible. The judge reserved a decision. Wiley, 43, of Syracuse is charged with 3 counts of 1st-degree murder. He is accused of slaying 3 Syracuse women over a 2-month span shortly after being released from prison in January 2004. He has been in jail without bail since his arrest in June 2004. In a statement given to police on June 1, 2004, Wiley allegedly admitted to the slayings of Lottie Thompson, 31; Hannah Finnerty, 22; and Tammy Passineau, 18. Thompson's body was found in May 2004 inside an apartment in the building next to where Wiley lived. Finnerty's body was found the next day in a trash bin outside the apartment. Passineau disappeared in mid-April 2004. Police were unable to locate her body but found her blood on a box-cutter discovered in Wiley's apartment. In the statement, Wiley gave chilling details of the murders, telling police he was acting like a "ninja" when he slit each woman's throat. Wiley also claimed he killed 2 men, another woman and a teenage gang member. Police have discounted those claims. Through testimony from police investigators Friday, Miller tried to show there were no admissions from Wiley until after he met for an hour with District Attorney William Fitzpatrick and signed a "memo of understanding" that threatened Wiley with a possible death penalty if he fought the case and didn't admit to the killings. In mid-June 2004, the New York Court of Appeals declared part of New York's capital punishment statute violated the state constitution, effectively triggering a moratorium on its use. Miller also accused authorities of lying to Wiley, attempting to trick him into a confession by telling Wiley detectives found physical evidence incriminating him before they actually discovered any. Miller questioned why the hours and hours of Wiley's denials were not taped, and only a video "recap" was made after he purportedly confessed. Lt. Detective David Buske, one of Wiley's interrogators, said Wiley was given food, drink and frequent rest breaks. He said Wiley was advised of his rights twice and never asked for a lawyer. Buske testified the first time Wiley asked for an attorney, he asked for Fitzpatrick or someone from the prosecutor's office. (source: Associated Press) ARKANSAS: Motions filed in pending death penalty case The prosecutors office filed 2 more motions Friday in Washington County Circuit Court in a pending death penalty case in which Fernando Navarro is charged with accomplice to capital murder. Navarro, 24, of Springdale, is accused of accomplice to capital murder in the Nov. 26, 2004, beating and stabbing death of 41-yearold Springdale musician David Edwards. Co-defendant Michael Chavez, 19, of Springdale, has pleaded guilty to 1st-degree murder and a life sentence is pending the completion of Navarros trial. As part of his negotiated plea, Chavez is to testify against Navarro. The motions filed Friday have to do with aggravating and mitigating circumstances in connection with the penalty phase of the capital murder case. In Arkansas, if a defendant is found guilty of capital murder, the jury is to hear additional evidence to determine sentence, except if the state waives the death penalty, stipulates that no aggravating circumstance exists or stipulates that mitigating circumstances outweigh aggravating circumstances, and then no such hearing shall be required. In that case, the trial court shall sentence the defendant to life imprisonment without parole. One of the motions filed by the state Friday is to compel disclosure of mitigating factors in the case. According to the motion, should the jury return a guilty verdict during that phase of the trial, the state anticipates the defendant will present mitigating factors. The state has supplied the defense with its anticipated aggravating factors, according to the motion, and asks the defense to supply the prosecution with mitigating factors. The other motion filed by the state is in response to the defenses motion to disclose aggravating factors. The state intends to introduce proof of several aggravating circumstances, according to the motion. Those include that: - Navarro has previously committed other felonies, an element of which was the use or threat of violence to another person, the motion states. - On Nov. 10, 2003, while resisting arrest, he caused injury to Springdale Police Officer David Fisher and, on Oct. 21, 2001, he threatened to kill Officer Mark Smith as well as other officers, according to the motion. - That he committed the capital murder of Edwards for monetary gain and for the purpose of avoiding or preventing arrest, as well as in "an especially cruel and depraved manner." (source: Northwest Arkansas Times) MISSOURI: Prosecutors can seek death penalty in 'Precious Doe' case In Kansas City, prosecutors can seek the death penalty against a Muskogee man accused of killing his stepdaughter, a judge ruled Friday, even though they first told the man they wouldn't pursue a capital murder charge. In a hearing earlier this month in Jackson County Circuit Court, public defenders for Harrell L. Johnson argued that Jackson County Prosecutor Mike Sanders had told them and another judge that he would not seek to have Johnson executed if he were convicted of the 2001 killing of 3-year-old Erica Green, who was known for years only as Precious Doe. But in December, Sanders said new information had led him to pursue the death penalty. Because Sanders had not formally waived the right to do so, Circuit Judge J.D. Williamson ruled, the change in course was allowable. "The consternation of the Defendant, his family and counsel at being informally advised that the death penalty would not be sought, and later having to deal with the Prosecutor formally and publicly announcing the contrary, is understandable and unfortunate," Williamson wrote in his ruling. "However, this case was and is in its early stages. ... Therefore, there is no prejudice to the Defendant being able to adequately prepare his defense in this matter." 1 of the state's 3 capital defense units will take over Johnsons representation within the next few weeks, public defender Bill Raymond said. "Obviously, he was upset - as was I - and greatly disappointed," Raymond said. "The prosecutor assigned to the case, and the lead prosecutor in Jackson County, both informed the court that they don't believe the facts of the case support the death penalty - but they are now allowed to seek the death penalty." Assistant prosecutor Tim Dollar said he had expected Williamson to rule as he did. "It follows precedent and the law," Dollar said. "What this means is that some of the first procedural issues are behind us, and we can now begin to focus on substantive issues in the case." The headless body of the little girl was discovered in a Kansas City park in 2001. A volunteer searcher found her head several days later, but it was not until 2005 that she was identified and charges were filed. Johnson, 26, is charged with first-degree murder. Prosecutors allege he was high on drugs when he kicked Erica, threw her down, and left her to die before decapitating her body and dumping it. His wife, Michelle Johnson, 30, is charged with 2nd-degree murder. The 1st judge assigned to the case, Circuit Judge Charles Atwell, stepped down without explanation in December. Raymond had subpoenaed Atwell to testify about conversations in which prosecutors said they did not intend to seek the death penalty. In a separate ruling Friday, Williamson quashed that subpoena, writing that a judge could not testify about an open case in any court. Williamson also ruled that requiring Atwell to testify would amount to an improper review of his judicial discretion. Also Friday, Williamson set a scheduling hearing for March 10. (source: Associated Press)
