Sept. 13 FLORIDA: Trial in Killing of Fla. Girl Is Moved The trial of the sex offender charged with kidnapping, raping and killing 9-year-old Jessica Lunsford will be held in Miami, where officials hope it will be easier to find a fair jury, Citrus County court officials said Tuesday. Jury selection for John Evander Couey's trial in Lake County was abandoned in July after 3 days when it became clear that too many prospective jurors had been exposed to media reports or other discussions of the case. Circuit Judge Ric Howard had already moved jury selection to Tavares, about 50 miles east of Citrus County's Homosassa, where Jessica lived and was killed, because of publicity surrounding the case. Jury selection is now set for Feb. 12 at the Gerstein Justice Center in Miami, the court said. Miami is about 250 miles southeast of Homosassa. Couey, 48, has pleaded not guilty to charges of 1st-degree murder, sexual battery on a child, kidnapping and burglary in the girl's death. Jessica's body was found about a month after she disappeared from her home near where Couey had been living. Her hands had been tied with speaker wire and her fingers poked through the garbage bags in which authorities say she was buried alive. The judge threw out Couey's taped confession because investigators ignored Couey's requests to speak to an attorney during questioning. Prosecutors say they are confident physical evidence and other statements Couey has made will be enough to convict him and secure a death sentence. Calls to attorneys and to Jessica's father, Mark Lunsford, were not immediately returned Tuesday. (source: Associated Press) NORTH CAROLINA: Hickory trial a dealth penalty case A man accused of beating 3 Hickory-area women, 2 of whom died, will be eligible for the death penalty if convicted, state prosecutors say. Prosecutors will try Derek Morris Colson, 39, with capital murder in the deaths of 2 women, a spokesman for the district attorney's office said. Colson was charged earlier this year with 2 counts of 1st-degree murder and 1 count of attempted 1st-degree murder in the spring 2004 beating deaths of Cynthia Lail and Betsy Dickens, and attempted murder of a woman later found alive in a ravine just outside Hickory city limits. The victims were women in their 40s, and authorities suspect they were sexually assaulted. The Observer generally does not identify surviving victims of sexual abuse. Colson, who most recently lived in Asheville, remains in the Catawba County Jail in Newton. His next court appearance is Oct. 2, but a trial date has not been set. (source: Charlotte Observer) IOWA: Nussle says he'd push for death penalty as governor Republican candidate for governor Jim Nussle said Tuesday that reviving the death penalty in Iowa would be one of his legislative priorities next year if he wins the November election. Although Nussle and his Democratic rival, Chet Culver, each support capital punishment, Culver has said he would not actively push for reinstatement. Nussle said the issue will be on his crime-fighting agenda, along with beefing up funding and staffing for the Iowa State Patrol and at the states prisons. "I believe the death penalty should be an option for judges and juries in Iowa, in particular for heinous crimes involving felony murder. That's where I believe we should head," Nussle said in an interview. I think a lot will be determined in the election for the Legislature," Nussle said. Culver was as the only pro-death penalty candidate in a 4-way Democratic primary contest in June. He sought to de-emphasize the issue then and that hasnt changed, according to his spokesperson Taylor West. She said he favors capital punishment in a limited number of cases, such as the abduction and murder of a child. "He's not running for governor to reinstate the death penalty," West said. Death penalty proposals have faced an uphill struggle at the Statehouse in recent years. And it's much less likely that the issue will reach the next governor's desk if Democrats succeed in winning control of the Senate, House or both. Democrats are favored to take over the now evenly-divided Senate, where Republicans are defending 6 open seats this fall. During the past 2 legislative sessions Senate Democratic Leader Mike Gronstal of Council Bluffs has blocked votes on the death penalty. An analysis by Lee Newspapers and Radio Iowa news in February found that 29 of 50 state senators opposed reinstatement. Gronstal said it's uncertain whether elections will change the equation. "Republicans are big about talking about the death penalty in October of even-numbered years," Gronstal said. "I expect the Republicans to attempt to make that an issue." Nussle said also wants to direct more dollars to the state patrol and corrections department. He contends troopers and prison guards have been forced to work long hours and give up vacation time amid budget constraints. "The officers are concerned for themselves and concerned for Iowa's public safety," Nussle said. (source: Globe Gazette) PENNSYLVANIA: Jury to weigh death penalty in triple shooting outside club Jurors who deliberated for only two hours before convicting a construction worker of killing 3 men outside a club must now decide whether he deserves the death penalty. Miguel Padilla, 27, of Gallitzin, was convicted Tuesday of 3 counts of 1st-degree murder in the shootings outside the United Veterans Association Club in Altoona on Aug. 28, 2005. The jury was expected to begin hearing evidence Wednesday morning on whether Padilla deserves the death penalty. If the panel does not unanimously vote to sentence Padilla to death, he will be sentenced to life in prison without parole. Authorities said that after a friend was denied admission to the club, Padilla went to his vehicle, got a gun, and opened fire when he returned, killing doorman Fredrick Rickabaugh Sr., 59; club owner Alfred Mignogna, 61; and patron Stephen M. Heiss, 28. A defense psychologist testified Monday that Padilla was abused by his uncle in his native Mexico and also had trouble controlling his temper and actions due to a history of alcohol and drug abuse. A prosecution psychologist, however, testified that Padilla shot the men because he thought he was being pushed around. Padilla's attorney, public defender Donald E. Speice, never disputed that his client shot the victims but argued that Padilla did not form a legal intent to kill. The jury in the case was chosen in Cumberland County and bused to Blair County, where a judge had ruled that extensive publicity had made it impossible to find an impartial jury. (source: Associated Press) US MILITARY: Marine Accused of Killing Iraqi Will Not Face Death----He is 1 of 8 service members who could be court-martialed in the kidnapping and slaying. At Camp Pendleton, Marine Corps prosecutors Tuesday dropped a request for the death penalty in the case of a Marine accused of kidnapping and killing an Iraqi man in April. The decision came at the preliminary hearing for Lance Cpl. Jerry Shumate Jr., 1 of 8 troops accused in the April 26 death in Hamandiya, west of Baghdad. A similar decision was made at a hearing 2 weeks ago for Pfc. John Jodka. The officer hearing the Shumate case will make a recommendation to Lt. Gen. James N. Mattis Jr. about whether to convene a court-martial, drop the charges, or refer it to an administrative hearing. Prosecutors said that sworn statements given by Shumate to Naval Criminal Investigative Service agents in May were key to their case, but did not characterize the statements as confessions. An agent testified that Shumate cried during their interview. Under an agreement between prosecutors and defense lawyers, none of the evidence was discussed at the brief hearing Tuesday. Defense lawyer Steven Immel had asked that the hearing be closed to the public, but hearing officer Col. Robert Chester declined. Shumate's father, Jerry Shumate Sr., attended the hearing wearing a T-shirt that read, "My Son Is One of the Few, the Proud, a Marine." (source: Los Angeles Times)
[Deathpenalty] death penalty news----FLA., N.C., IOWA, PENN., US MIL.
Rick Halperin Wed, 13 Sep 2006 10:10:14 -0500 (Central Daylight Time)