Sept. 20 CALIFORNIA: Trial date set for Stockton man facing death penalty A June 5 trial date was set today for William Jennings Choyce, a trash hauler from Stockton facing the death penalty on charges he bound, raped and murdered 3 prostitutes nearly a decade ago. Choyce, 52, had been serving an 11-year state prison sentence for a 2002 conviction for raping 2 Oakland women. Investigators last year used DNA evidence to link Choyce to the slayings of 2 Stockton women and another from Oakland. He is accused in the deaths of Gwen Lee and Lawanda Beck, both of Stockton, about 1 month apart in 1997. In 1988, Oakland police found Vic-toria Bell dead, and they accuse Choyce of killing her. The women were found dumped, each with a gunshot to the head, according to records. "It's clear you are seeking the death penalty in this case," San Joaquin County Superior Court Judge Linda L. Lofthus said to the prosecutor, seeking confirmation. "Yes," San Joaquin County Deputy District Attorney Thomas Testa replied. San Joaquin County Deputy Public Defender William Fattarsi and private Oakland attorney Lorna Brown are representing Choyce, who has been held at the San Joaquin County Jail since the new charges were filed against him. His 1st court appearance in this county was in March. (source: Stockton Record) ***************** Judge Discusses Goals For Hearing On Executions The federal judge who effectively halted executions in California earlier this year laid out his goals Wednesday for a 4-day hearing later this month on the constitutionality of the state's death penalty procedure. U.S. District Court Judge Jeremy Fogel told attorneys representing condemned inmate Michael Morales and the State of California that at the conclusion of the hearing he hopes to determine whether "there is or there is not a constitutional means of carrying out an execution in the State of California." In February, the scheduled execution of Morales, and effectively all other executions in California, was postponed indefinitely after state prison officials were unable to comply with Fogel's order that a "qualified individual" licensed by the state to administer drugs intravenously be present in the execution chamber during the execution and participate in the lethal injection procedure. All of the "qualified individuals," prison officials approached refused to participate in the execution on ethical grounds. Attorneys for Morales have argued that California's lethal injection procedure is unconstitutional because there is a possibility that the condemned prisoner may experience excruciating pain, in violation of the Eighth Amendment prohibition against "cruel and unusual punishment," as the lethal drugs are being administered. In March, Fogel spent several hours touring California's execution chamber at San Quentin State Prison and hearing testimony from members of the execution team. At the 4-day hearing scheduled to begin on Sept. 26 he will hear from experts from both sides about the California execution procedure. (source: KTVU) NEVADA: 3 Changes Ordered in Oversight of Nevada Judges----The state's chief justice announces immediate actions to curb conflicts of interest and other improprieties raised in reports by The Times. The chief justice of the Nevada Supreme Court has ordered 3 steps to heighten scrutiny and supervision of the state's judges, who have become the target of a reform effort amid allegations of impropriety and cronyism in the courtroom and on the campaign trail. The changes were disclosed in a 4-page statement sent to the Los Angeles Times by Chief Justice Robert E. Rose, Nevada's former lieutenant governor and an important figure in the state's political landscape. They come in the wake of a Times investigation into the state's judiciary, especially the Las Vegas bench. The investigation determined, among other things, that Nevada judges have awarded millions of dollars in judgments in recent years without disclosing that the money was awarded to friends, business partners and former clients - even people to whom the judges owed money. The Times' stories had already triggered a broader effort designed to separate Nevada judges from campaign contributors and reduce the frequency of costly elections that judges face under current state law. Rose's statement outlined 3 additional steps toward reform that will be set in motion immediately. First, the Supreme Court will implement a formal process to evaluate the performance of the state's senior judges - on-call jurists who are paid by the hour, have typically retired from the bench and are farmed out to assist with a growing workload in the court system. Although many had distinguished careers before their retirement, they are seen as vulnerable to allegations of impropriety because they are not accountable to voters and serve at the pleasure of the Supreme Court indefinitely. The Times investigation found, for instance, that one senior judge ruled repeatedly in favor of a casino corporation in which he held more than 10,000 shares, and that another had presided over at least 16 cases involving participants in his real estate deals. One senior judge scrutinized in the Times' stories, Joseph S. Pavlikowski, has resigned from the position in the wake of the reports, Rose said. The chief justice said Nevada would benefit from a "more comprehensive and uniform procedure to evaluate the performance of our senior judges." Starting in November, evaluation forms will be sent to lawyers, jurors and parties in cases that are heard by senior judges, and the district courts that request the judges' services. Second, Rose said, senior judges will be subjected in some cases to peremptory challenge - the right of a party in a court case to seek a judge's removal. Currently, senior judges are immune from such challenges, unlike regular judges. In the past, Rose said, senior judges were not exposed to challenges because they were often pressed into service at the last moment; they are often called to preside over a case when another judge is sick or otherwise absent. Now, peremptory challenges will be allowed when a senior judge is appointed more than 14 days prior to a scheduled court date, Rose said. Third, Rose said, the Supreme Court will issue a communique to all of the state's district court judges reminding them of their ethical obligation to disclose potential conflicts of interest. The Times investigation detailed a host of instances in which judges presided over cases in which their impartiality could have been called into question. "Detailed facts were not provided to support many of the accusations," Rose wrote. "But, suffice it to say, there were instances where the disclosure of an interest or facts that may bear upon the case should have been made by the judge." According to federal and state judicial canons, judges should withdraw from cases when their impartiality might reasonably be questioned. But the state does not require judges to disclose when their campaign contributors appear before them. And court observers say some judges have been reticent in volunteering information that might call their impartiality into question. Rose said he would remind judges that they should "err on the side of disclosure." "We believe that judges often equate a disqualifying interest with an interest they are required to disclose," Rose wrote. "Such is not the case. A judge must disqualify himself or herself from any case where his or her impartiality might reasonably be questioned." Rose sent his statement to The Times on Monday night. He did not return phone calls on Tuesday seeking additional comment. The state's top judge said he found insufficient grounds to act against three senior judges whose conduct was called into question by The Times investigation, citing inadequate information or lack of jurisdiction. The Times reported that Pavlikowski, the senior judge who recently resigned, officiated at the wedding of Frank "Lefty" Rosenthal in 1969, when Rosenthal was known as a frontman for the Chicago mob. Pavlikowski then accepted a discounted wedding reception for his daughter at a casino where Rosenthal was a top executive. The judge later ruled in favor of Rosenthal in 3 cases. But because Pavlikowski resigned his judgeship, "apparently to pursue other career endeavors," Rose wrote, "it is unnecessary to review the allegations against him." Rose noted that whereas the state Supreme Court appoints senior judges and can withdraw their commission, the court's jurisdiction over the judges is limited. The responsibility of investigating complaints made by the public against senior judges falls in most cases to the state's Commission on Judicial Discipline. The commission's general counsel and executive director, David F. Sarnowski, said Tuesday that he was prohibited from disclosing whether any complaints have been lodged against the judges. But the commission has not publicly announced any action against the judges - James A. Brennan, Stephen L. Huffaker and Pavlikowski. Washoe County District Judge Brent Adams, a leading proponent of judicial reform in Nevada, commended Rose in an interview Tuesday for issuing a reminder that judges are obligated to reveal conflicts of interest. But he noted that it was the Supreme Court that determined that Nevada judges are not required to disclose when a party in a case has contributed to their election campaign. He said the Supreme Court could have a more lasting effect on the judiciary by revisiting that "terrible decision." "It's encouraging to be reminded that we can always behave above the minimum standard," he said. "But it would be marvelous if the Nevada Supreme Court, for once, would raise the standard." (source: Los Angeles Times) OHIO: Defense questions evidence collection in death penalty case----Middletown man accused of aggravated murder on trial before 3-judge panel. Defense attorneys for accused killer Dean Geldrich attacked the credibility of crime scene investigators who collected evidence from the Malvern Street house where Miranda Lint was killed in January, claiming they entered the Middletown home before obtaining a search warrant and then altered the time on the police evidence log to cover it up. Testimony continued Tuesday in day 2 of the death penalty trial of Geldrich, who stands accused of brutally beating the 28-year-old Lint with a walking stick and cutting her more than 20 times with a knife. Prosecutors seemed to score a victory Monday with the three-judge panel presiding over the case with potentially damaging testimony from a witness who overheard the gruesome crime as it was taking place. But it was defense attorneys who went on the offensive Tuesday with a rigorous cross-examination of police that called into question how investigators gathered 40 pieces of evidence at the crime scene Jan. 3, two days after Lint was killed. During day one testimony, Middletown police Detective David Shortt identified photographs of Lint's blood-soaked body, massive blood spatter on the walls, blood-covered items surrounding the bed where she was terrorized for hours and the blanket her body was wrapped in when police found her. But during cross-examination Tuesday, defense attorney Melynda Cook-Reich questioned Shortt about when officers entered the house and began taking evidence from the crime scene. Shortt said he got to the house about 5 p.m., but did not enter until 9:05 p.m. when he received a phone call from Detective Frank Hensley that he received a search warrant from Middletown Municipal Court Judge Mark Wall. Cook-Reich then pointed to an evidence log attached to the search warrant, which was returned to the court 3 days after it was issued. The log states the start time of the search as 5:45 p.m., Cook-Reich said, and it doesn't match a version of the document provided later to the defense, which listed a 9:06 p.m. start time. In a pretrial hearing, Shortt testified he entered the house and began collecting evidence at 9:35 p.m., Cook-Reich pointed out to Shortt. The detective said he had been mistaken in the previous hearing, that actual time was 9:05 p.m. Cook-Reich asked if he changed the start time on the second log to "make sure the start time is actually after 8:54 p.m. when Judge Wall signed the search warrant." Shortt said "no" explaining the first report was a work in progress taken from his raw notes. He continued to revise and edit the document for weeks during the investigation checking his facts until the final version was completed. A photo of a clock taken in the kitchen of the Malvern Street home and identified by Shortt during testimony Monday also was a subject of questioning by Cook-Reich, noting if no officers entered the house to begin an investigation before 9:05 p.m. then why does the clock depict the time as 8:02 p.m. "An officer did enter with the coroner. Stood in the kitchen entrance and took shots to make sure evidence was not disturbed," Shortt said, adding that no evidence was taken and investigation did not begin at that time. Shortt said a person can only officially be declared dead by a representative of the Butler County Coroner's Office, and he has no power to tell the coroner not to check the body. "The officer was there to protect the integrity of the crime scene, to make sure nothing was stepped on or moved," Shortt said. Assistant Prosecutor Craig Hedric asked Shortt, "Did you change anything based on when a search warrant was obtained?" "Absolutely not," Short said. Hensley, who also interviewed Geldrich about the murder at 611 1/2 Malvern St., testified the defendant gave different versions of what happened to Lint during interviews Jan. 3 and Jan. 6. In the first interview, when Hensley asked Geldrich who killed Lint, his reply was "if a farmer has carrots growing in the garden then you could say that the farmer planted them," the detective said during testimony. Geldrich later told him the carrots were an analogy for Lint's body. On Jan. 6, Geldrich first said he was at the residence when Lint was killed but did not do it. He said he was forced to wrap the dead body in a blanket by two other men who had killed her, Hensley said. Later in the interview, Hensley said Geldrich told them he had acted alone. "(Geldrich) said I don't know why I did it," Hensley said. Annette Davis, a forensic scientist with the Butler County Crime Laboratory, testified that blood found on numerous items taken from the crime scene, including Geldrich's jeans, tested positive for Lint's DNA. The trial is scheduled to continue today and Thursday. Geldrich, 40, is charged with aggravated murder and 2 counts of kidnapping. If found guilty, the penalty phase, in which he faces death, will begin Monday. (source: Middletown Journal) FLORIDA: Death equity----Report casts new light on executions Many Floridians have good reasons for supporting capital punishment, while many others reject it out of hand. But one point on which most would agree is that this ultimate power of the state should be carried out with utmost care and fairness. To put to death an innocent person is as criminal as the killings that those who reside on Florida's death row carried out without conscience. As Floridians awaited today's scheduled execution of Clarence Hill, who shot to death Pensacola police officer Stephen Taylor during a 1982 bank robbery, a report emanating from 2 years of study by an American Bar Association committee was released for public consideration. It offers our state a more sure-footed way to carry out this punishment with confidence that the process is fair and accurate and minimizes the risk of executing innocent people. The numbers offer ample evidence of how high that risk is: Florida has released more people from its death row than any other state - 22 exonerated since 1973 - with 392 Florida inmates still awaiting execution. Nationwide, 123 have been released from death rows after evidence proved their innocence. The 8-member committee, which includes two Tallahasseeans - retired Florida Supreme Court Justice Leander J. Shaw Jr. and Florida State University faculty member Mark Schlakman, an attorney who directs the Center for the Advancement of Human Rights at FSU - set out not to support or oppose the death penalty. Its goal was to identify issues and problems that should be addressed, from the assurance of competent legal representation to changing clemency rules. Florida is the 4th state that the ABA has worked with in assessing capital punishment, and the recommendations here and elsewhere don't constitute ABA policy. The ABA in 1997 called for a death-penalty moratorium so that states could identify the recurring issues that should be addressed and minimized. These range from creating ways to prevent wrongful convictions to reviewing in orderly ways factual claims of innocence, studying racial disparities and deciding what crimes should be eligible for the death penalty. Supporters of the death penalty such as State Attorney Harry Shorstein of Jacksonville, a committee member, want to counter criticism of capital punishment by administering it fairly and equitably instead of unevenly and ineffectively. The revelation in recent years of the importance of DNA testing, for example, has perhaps done more than anything to open the public's eyes to the unevenness of this punishment. Otherwise it has largely been an emotional, often spiritual debate, one expressing values ranging from mercy to vengeance and covering all manner of legal, financial and practical concerns. This 462-page Florida evaluation, along with those done in other states, is largely administrative for the ABA, but it provides the underpinnings for more dispassionate, informed and practical discussions among policymakers, citizens, lawyers and civil-rights organizations. Florida lawmakers, when they reconvene after the elections, would do well to appoint special committees to scrupulously review this important document. They need to see what applications are important and changes necessary to make the law we have in Florida the best one we can have if, in fact, the majority of Floridians continues to support it as our best way of holding criminals accountable. (source: Tallahassee Democrat) ************** Saved from execution once, killer is facing death again A condemned killer who got a last-second reprieve before he was to be executed earlier this year is scheduled to die by lethal injection today. Clarence Hill, the condemned cop-killer who won a last-second reprieve while strapped to his death gurney earlier this year, is again set to die, this time at 6 tonight at Florida State Prison in Starke. Saying lethal injection is cruelly painful, Hill has appealed his case again to the U.S. Supreme Court, which stopped his execution in January just before the prison staff was to inject him with a lethal 3-drug cocktail. The court ruled unanimously in June that Hill had the right to file a civil rights action against the state's method of lethal injection, and sent the case back to lower courts to hear his argument. But a federal court in Gainesville and an appeals court have ruled against him -- and Gov. Jeb Bush said it's time for Hill to die. ''Mr. Hill has had ample time to go through the process to the point where, at least I believe, there's a mockery made of the judicial system,'' Bush said. "It was cruel and unusual what he did. He was convicted by a jury of his peers. And it's gone on and on and on and on. My first thought is for the families of the victims of these crimes.'' But Hill's attorney, Todd Doss, said Hill could suffer pain if he has not been properly anesthetized with Pentothal Sodium before 2 other drugs that stop the heart -- pancuronium bromide and potassium chloride -- are administered. LEGAL STANDARDS Hill's scheduled execution comes just days after the American Bar Association released an exhaustive 403-page report that said Florida -- which leads the nation in exonerations from Death Row, with 22 since 1973 -- complies with only eight of 93 ABA legal standards. The ABA takes no position on the death penalty itself, but called for a moratorium on executions in 1997 so that legal questions could be worked out. Of the 11 recommendations the ABA report's experts made this time: make Florida juries, like those in the 37 other death-penalty states, recommend executions by a unanimous vote, instead of by a simple majority. The Florida Supreme Court suggested the change, but the Republican-controlled Legislature killed it this year, with many lawmakers expressing concerns that it was a ''soft on crime'' approach. Bush had expressed similar sentiments, but seemed to reverse himself Tuesday when he said the matter should be considered. ''When the Supreme Court sends a signal like that, it should not be just cast aside, because ultimately they will have some say in how the death penalty works,'' said Bush, who ordered a review of Florida's death-penalty system after Hill won his appeal in January. The governor wouldn't comment on specifics of the ABA report, which he said his office is still reviewing. But Bush did call for a speedier execution system, which the ABA did not recommend. ''I believe the death-penalty process here is protected, correctly so, by an appeals process that is extensive. It can go on for more than 10 years. For a lot of people, that's denial of justice. And if there is any revamping, I would like to see it far quicker,'' Bush said. The report specifically called for qualified lawyers for capital-case defendants; a ban on executions of the mentally disabled; the creation of uniform statewide standards to decide who is charged with a capital crime; and a commission to study Florida's wrongful convictions to prevent the execution of the innocent. Also, it noted racial disparities in the justice system. ''It appears that those convicted of killing white victims are far more likely to receive a death sentence and be executed than those convicted of killing nonwhite victims,'' it said. 1982 ROBBERY Hill is black. Stephen Taylor, the Pensacola police officer he killed, was white. In October 1982, Hill and an accomplice, Cliff Jackson, robbed a savings and loan in Pensacola. Police arrived during the robbery and were trying to handcuff Jackson when Hill shot 2 police officers, killing Taylor and wounding Officer Larry Bailly. Bailly managed to shoot Hill several times. Hill was captured shortly after. The ABA report didn't concern itself with the specific matter Hill has raised on appeal: the possible pain from the heart-stopper mixed with a diluted dose of anesthetic. Most doctors refuse to perform the lethal-injection procedure, saying it violates their professional oath to do no harm. Though experts say the amount of anesthetic Hill will get is enough to knock out a horse, a person without a medical degree could perform the procedure and fail to stick the intravenous tube in correctly, or improperly mix the fatal cocktail, Dr. Nik Gravenstein, chairman of the University of Florida College of Medicine's anesthesia department, told The Associated Press. ''There are myriad opportunities for errors,'' he said. (source: Miami Herald) KENTUCKY: Man gets death sentence in 1993 slayings A jury recommended a death sentence for a south-central Kentucky man convicted in the 1993 slayings of a family. William Harry Meece, 33, was scheduled for final sentencing on Oct. 20. A jury found Meece guilty on Friday of murder, robbery and burglary in the deaths of veterinarian Joseph Wellnitz, 50, his wife, Beth, 40, and their son, Dennis, 20, at a farmhouse outside Columbia in Adair County in February 1993. The jury also recommended 40 years in prison for Meece for the burglary and robbery charges. Prosecutors said Meece and the Wellnitz's surviving daughter, Margaret "Meg" Wellnitz Appleton, contrived the murder plot to collect a $550,000 inheritance after the slayings. Appleton pleaded guilty in January 2005 to 3 counts of complicity to murder and testified against Meece. Meece initially pleaded guilty to the slayings, but withdrew the plea in May 2005. The case lingered for a decade without suspects before police received a tip that Meece and Appleton had talked about being involved in the killings. Vincent Yustas, one of Meeces attorneys, said he would appeal. If the judge sentences Meece to death, he will become the 37th inmate on Kentucky's death row. (source: Associated Press)
[Deathpenalty] death penalty news----CALIF., NEV., OHIO, FLA., KY.
Rick Halperin Wed, 20 Sep 2006 10:23:47 -0500 (Central Daylight Time)