Feb. 17 WYOMING: Judge won't move murder trial In Thermopolis, the trial of Andrew Yellowbear Jr. will stay put in spite of publicity given to his case, District Judge David Park ruled Tuesday. Yellowbear is charged with 1st-degree murder in connection with the July 2004 death in Riverton of his 22-month-old daughter, Marcella Hope Yellowbear. Fremont County prosecutors are seeking the death penalty. Deputy Fremont County Attorney Tim Gist argued in court on Tuesday that the 31-year-old has prompted much publicity given to the case by his own actions. Gist held up what he said were records of hundreds of phone calls and dozens of letters emanating from Yellowbear in the year and a half he has been in jail. Many of the calls and letters were directed to the media, Gist said. "He can't use it both as a sword and a shield," Gist said. Diane Lozano, Yellowbear's attorney, said questionnaires returned to the court by potential jurors in Hot Springs County indicate that some people have prejudged the case, while others seem to have "problems with ethnicity." Park ordered the case moved out of Fremont County in August after Yellowbear's attorneys raised concerns about bias against and among the Northern Arapaho and Eastern Shoshone tribal members who live in the area. Lozano filed a new request for a change of venue early this month, citing concerns that the community of Thermopolis is still adjacent to the Wind River Indian Reservation. "A surprising number of the potential jurors in this case have honestly indicated that Mr. Yellowbear's status as a Northern Arapaho will affect their decision-making processes," the document says. Park denied the request to move the trial, suggesting the jury selection process at the start of Yellowbear's trial must be allowed to work. That process is scheduled to begin March 6. Another matter could delay the trial. Yellowbear has filed a request to have the Wyoming Supreme Court review Park's denial of his arguments that the state lacks jurisdiction to charge him in Marcella Yellowbear's death. Park declined to delay the trial while waiting for word about what the Wyoming Supreme Court will do with the request, which Yellowbear has filed pro se, or on his own behalf. Yellowbear has argued that Riverton sits within the boundaries of the Wind River Indian Reservation and that the federal government, as such, has jurisdiction over crimes alleged to have occurred there when the suspects and alleged victims are Indian. Marcella Yellowbear died in Riverton on July 2, 2004. Her mother, Macalia Blackburn, reportedly told investigators immediately afterward that she was responsible for abuse that led to the girl's death. She later blamed Yellowbear, and she has admitted to the charge of being an accessory to second-degree murder. She is expected to testify against Yellowbear. Lozano appeared on Yellowbear's behalf alone on Tuesday. Yellowbear said in a telephone call to the Casper Star-Tribune last week that he had "come to the conclusion" that Terry Rogers, who had represented him with Lozano, would not remain part of his defense team. Lozano declined to comment on that matter Tuesday. News Tracker * Last we knew: District Judge David Park denied motions questioning whether Fremont County prosecutors have the authority to pursue charges against Andrew John Yellowbear in connection with the 2004 death in Riverton of his daughter. * The latest: A request to have Yellowbear's trial moved from Thermopolis was denied, and Yellowbear has filed his own petition asking the Wyoming Supreme Court to review the question of whether the state has jurisdiction to bring charges against him. * Whats next: Yellowbear's trial is scheduled to begin March 6. (source: Casper Star Tribune) PENNSYLVANIA: Dazed suspect mum on injuries Richard C. Curran, the police chief accused of shooting his ex-wife, Tina, to death outside of Shamokin Area Community Hospital, showed up for a pre-trial hearing Thursday morning with a swollen eye and bandaged arm and only the vaguest explanation for his injuries. "I was being interrogated in the basement," Mr. Curran said in court when questioned by President Judge Robert B. Sacavage. "For some reason, I feel like I was in a fight. But I'm not sure." In addition to the injuries, Mr. Curran was unshaven and appeared somewhat dazed. Defense attorney Karl Rominger suggested Mr. Curran was talking about the solitary confinement area of the Northumberland County Prison when he spoke of being confined to the basement. The judge had prison warden Ralph Reish called to the courthouse to explain Mr. Curran's injuries. But the judge had reporters leave the courtroom during the 40 minutes the warden was on the stand, and then placed his testimony under seal. The defense attorney and District Attorney Anthony Rosini both declined to talk about the warden's testimony because of the judge's order. Mr. Rosini said the testimony wasn't being released to the public because "it could be prejudicial." Mr. Curran was arrested trying to sneak into Canada on Aug. 24, the same day Tina Curran was shot seven times outside Shamokin Area Community Hospital, where she worked as a nurse. He allegedly used a .40 caliber handgun he was issued as the police chief of Bernville in Berks County. Mr. Rominger said that when he first met with Mr. Curran Thursday morning, his client apparently didn't recognize him. When the defense attorney entered the courtroom for the hearing, Mr. Curran was already seated. "Do you recognize me now, Richard?" Mr. Rominger asked. The defense attorney added that Mr. Curran acted as if he was unaware his eye was swollen. The defense attorney asked the judge to have Mr. Curran moved from the prison into a mental health facility. The judge said he will appoint a mental health professional to examine Mr. Curran before making that move. A competency hearing will be held in court after the mental health examination, the judge said. While Mr. Curran had trouble describing how he suffered the injuries, he was able to answer questions from the judge and district attorney about other matters, including his work history and prior court appearances. When asked if he felt like he was having problems with his memory, Mr. Curran replied, "I don't remember having any problems with my memory." Standing shoulder-to-shoulder in a narrow hallway outside the courtroom fielding questions from reporters, the defense attorney and prosecutor gave opposing theories about Mr. Curran's behavior Thursday. "I think he's laboring under a mental defect," Mr. Rominger said. "Mental competency can change day-to-day. It may be a matter of having a doctor adjust his medication." "Or it could turn out that he's feigning it," Mr. Rosini said. While the questions surrounding Mr. Curran's injuries and his mental state were the focus of much of Thursday's hearing, the judge also ruled on a couple of requests made by the defense attorney. The defense had asked that the county judges not preside over the trial because Mr. Curran had once worked as a deputy at the courthouse. But Judge Sacavage said he doesn't remember working with Mr. Curran. "I see no reason why I shouldn't preside over his trial," the judge said, as he denied that request. Prosecutors have filed notice that they plan to seek the death penalty if Mr. Curran is convicted of 1st degree murder. But the judge denied a defense request to have a 2nd defense attorney appointed who would try to convince jurors not to impose the death penalty if Mr. Curran is convicted at trial. Mr. Rominger said that having a 2nd attorney available would be appropriate because if the jury convicts the defendant, they may have negative feelings about the attorney who had tried to convince them that the accused was innocent. In a related matter, the defense attorney said he plans to file documents asking that a 2nd jury be seated to handle the penalty phase, if needed. Mr. Rominger said he was unaware of any case in Pennsylvania that has ordered a separate jury be seated to handle the penalty phase in a death penalty case, but said it is something that could develop as the court system continues to revise the way capital punishment is implemented in this country. Mr. Rosini agreed it would be unusual for a judge to seat a 2nd jury. "In fact, the way our rules are set forth, the rules assume that the same jury will be used," Mr. Rosini said. The trial is set for August. (source: The Daily Item) ILLINOIS: Death penalty sought against man accused of killing family Prosecutors said Friday they plan to seek the death penalty against a Naperville man accused of killing his parents, his sister and her husband after allegedly stealing more than $80,000 from his family. DuPage County Assistant State's Attorney Bob Berlin said Eric Hanson's family is "on board" with the decision. He filed the death-penalty motion in court on Friday. Hanson, 28, is charged with 1st-degree murder, aggravated kidnapping, home invasion, theft and mail fraud. He pleaded not guilty in December and has denied having anything to do with the deaths of his sister, Katherine Hanson-Tsao, 31, and her husband, Jimmy Tsao, 34, of Aurora; and his parents Terrance Hanson, 57, and Mary Lynn Hanson, 55, of Naperville. The 4 were found dead in the Tsaos' upscale home in Aurora last September. Authorities believe the Hansons were killed in their nearby home and then taken to Aurora. Hanson was returned to Illinois on Nov. 10 after being held in Columbia County, Wis., since his arrest there. He agreed to return to Illinois to face the charges after first fighting extradition. Prosecutors have said Hanson stole $80,000 from his parents in the months leading up to the slayings and decided to kill his family after his sister told his parents about the theft. Berlin also filed motions Friday seeking more forensic tests, including a fingertip print and DNA testing for blood found on jewelry. (source: Associated Press) OHIO: Gravely could face death penalty in Stephanie Hummer killing A grand jury indictment filed late today indicates Jonathan Gravely could face the death penalty if convicted of killing a college student Stephanie Hummer almost 12 years ago, prosecutors said. Gravely, 35, of 2319 Hanna Dr., is charged with multiple counts of aggravated murder, kidnapping and rape in the slaying of Stephanie Hummer around March 6, 1994. Hummer, an 18-year-old freshman at Ohio State University, was abducted along Pearl Alley near campus, raped and killed, police said. Her body was found in a Franklinton field. She died from a blow to the head. Prosecutors alleged in the indictment that Hummer was killed either during the rape or to avoid prosecution from it. Gravely will be ordered to appear in a Franklin County court next week for arraignment. The case went unsolved for years, even though it drew widespread attention and forced increased safety measures and awareness around Ohio State. Gravely was only identified as a suspect last month, Columbus police said, when his DNA taken for an unrelated felony conviction was matched by a state crime lab to evidence from the Hummer crime scene. Police said he has confessed to killing her. (source: Columbus Dispatch) MISSOURI: Appeals court upholds death penalty ruling A federal appeals court panel agreed Thursday with a judge who threw out William Weaver's death penalty after finding that prosecutor George W. "Buzz" Westfall had improperly inflamed the jury. It leaves open several possibilities for Weaver, now 43, on death row since 1988 for the contract killing of a federal drug case witness in Normandy. Prosecutors could seek a review by the full 8th Circuit U.S. Court of Appeals. They might make a fresh case for a death penalty before a new jury. Or they might default to the only other punishment for 1st-degree murder: life in prison without parole. An 8th Circuit panel ruled 2-1, with a lengthy opinion that was critical of Westfall, who was then St. Louis County prosecuting attorney. Westfall later became county executive and has since died. In 1988, a jury convicted Weaver of killing Charles Taylor outside Taylor's apartment on July 6, 1987. Taylor had been expected to testify against 2 drug dealers in a federal case. Weaver fired 8 shots, 6 of them into Taylor's head, police said. Defense attorney Phil Horwitz claimed that Westfall improperly inflamed the jury at the sentencing phase of the trial. In 2003, U.S. District Judge Charles M. Shaw agreed that Westfall had appealed to the jurors' "passions and prejudices," and set aside the death penalty. The state appealed. With Judge Kermit E. Bye concurring and Senior Judge Pasco M. Bowman dissenting, Judge Michael J. Melloy wrote that Westfall's statements were "improperly inflammable." Bowman wrote that he would have reversed Shaw and reinstated Weaver's death sentence. (source: St. Louis Post-Dispatch)
