[Deathpenalty] death penalty news----FLA., N.C., IOWA, PENN., US MIL.

[Rick Halperin]

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)