Sept. 26 TEXAS: Rosenthal steps up in officer's death----DA says meeting slain policeman's family persuaded him to take case As a community today mourns an officer killed in the line of duty, Harris County's district attorney is preparing for his courtroom face-off with the accused gunman, an illegal immigrant whose capital murder case is being monitored by the Mexican government. Saying he was motivated by a meeting with Rodney Johnson's family after the officer was killed, Chuck Rosenthal said Monday that he is "coming out of retirement" to lead the prosecution against Juan Leonardo Quintero. Rosenthal said he doesn't yet know whether he will ask a jury to send Quintero to death row. He won death sentences in 14 cases as a prosecutor before moving up to the top job in 2001. Police have said they obtained "a full confession" from Quintero, who was still locked in the back seat of Johnson's patrol car along with a pistol when officers arrived after the shooting Thursday. State District Judge Joan Campbell ordered Monday that Quintero, 32, remain in custody without bail. His attorney, Jim Leitner, did not comment after the hearing. Rosenthal said he could not recall the last time he helped prosecute a case, but guessed that it has been several years. He said the police officer case is somewhat "bizarre" because Quintero is accused of committing murder even though he was in a situation where he could not escape. The slaying took place near Hobby Airport after Johnson, a 12-year Houston police veteran, stopped Quintero on a traffic violation. Johnson, 40, arrested Quintero because he had no license or any other form of identification, police said. He patted Quintero down and handcuffed him, police said, but missed a 9 mm pistol hidden in Quintero's waistband. The officer, shot 4 times in the head, was pronounced dead at Ben Taub Hospital. Rosenthal said he met Johnson's family there. Johnson and his wife, Joslyn, also a Houston police officer, have five children. The suspect's wife, Theresa Quintero, attended Monday's hearing, but declined to comment except to say she feels remorse for Johnson's family. Representatives from the Mexican Consulate also attended the hearing. The Mexican government, through its consulate office in Houston, continues to monitor Quintero's case and has offered him legal help. "We're involved from day one," said Carlos Ignacio Gonzlez Magalln, consul general of Mexico in Houston, "all the way through, regardless of the outcome, when a sentence is meted out. Then if the lawyers think there is grounds to appeal, which is almost always the case, then we assist further till the very end." Houston lawyer Danalynn Recer, who represents Mexican nationals charged with capital murder, has signed onto the case, Leitner said. Magalln sidestepped the mounting pressure on Police Chief Harold Hurtt regarding the department's policy of not making immigration checks during traffic stops. Although Magalln would not state his position on the issue, he stressed that he routinely urges Mexicans here, regardless of their legal status, to cooperate with law enforcement officers. At Grace Community Church on the Gulf Freeway, officials are preparing for thousands of guests for today's daylong visitation. The public is welcome to pay respects today and Wednesday, said Sgt. Michelle Sandoval, a police department spokeswoman. (source: Houston Chronicle) ************* PATHOLOGIST, POLICE TESTIFY IN WILLIAMS TRIAL Smith County jurors continued hearing the state's evidence Monday in the capital murder trial of Clifton Lamar Williams, including testimony from police and a pathologist. Williams, 22, of Tyler, is accused of beating, strangling and stabbing to death 93-year-old Cecelia Schneider and setting her body on fire on July 9, 2005. If convicted, he faces life in prison or the death penalty. Dr. Reade Quintin, a pathologist for the Dallas County Medical Examiner's Office, testified that Ms. Schneider was stabbed 4 times and 3 of the wounds could have independently caused her death. A 6 1/2 inch wound to her left chest went through her heart and penetrated her left lung while two stab wounds to her upper right chest each penetrated her right lung and one went into her aorta, said Quintin, who performed the autopsy on Ms. Schneider. The victim also suffered a stab wound to her right arm and had cuts consistent with defensive wounds on her hand, he said. Quintin said the stab wounds were consistent with a kitchen knife, like that believed to have been used in the murder. He said the stab wounds, inflicted when she was alive, would have been painful. He said there was also evidence of strangulation and blunt force injuries to her head and neck. He said the woman died before her body was set on fire. Jurors also heard the rest of a 4 1/2-hour audio-taped interview Tyler police did with Williams on July 18, 2005, when he led them to the knife in a Smith County pond and the victim's purse and other personal belongings. Tyler Police Detective Clay Perrett testified that statements made by Williams during 2 interviews with police were inconsistent and he believed some of the "stories" he told were lies. Williams told the police a man named "Montrell" killed Ms. Schneider but forced him at gunpoint to come with him and drive the victim's car. Perrett said "Montrell" was investigated but never developed as a suspect in the murder case. He said nothing connected him to the case except for the statements made by Williams. Perrett said Williams tried to implicate "Montrell," whom he knew gave information to police. The detective testified that no DNA or fingerprint evidence was found in Ms. Schneider's house, 311 Callahan St., or on the knife matching Williams or "Montrell." Perrett said Williams' fingerprint was found on the victim's Toyota Camry. Perrett said it is common for a suspect to change stories and to say someone set him up, as Williams did. A criminalist testified earlier that Williams' DNA matched blood and other evidence found in the victim's car. He said a mixture of Williams' and Ms. Schneider's blood was also discovered in the car. The trial is set to resume Tuesday for the 6th day of state's evidence in 114th District Judge Cynthia Stevens Kent's court. Smith County District Attorney Matt Bingham and First Assistant DA April Sikes are prosecuting the case, while defense attorneys Melvin Thompson and LaJuanda Lacy are representing Williams. Trial Recap On Tuesday, the 1st day of Clifton Lamar Williams' murder trial, prosecutors and defense attorneys outlined the evidence they would submit to the jury. A neighbor of victim Cecelia Schneider testified that he notified authorities after seeing smoke come from her home and several Tyler firefighters testified about responding to the fire and finding the body. On Wednesday, a fire expert said two separate fires, on the bed and the victim, could have burned for 10 hours or longer before they were discovered. A Tyler Police sergeant testified about evidence he collected at the victim's home and in her car discovered wrecked. On Thursday, the jury watched a 30-minute videotaped interview Williams did with police the night he was detained, July 15, 2005. Williams denied any involvement in Ms. Schneider's death. An alternate juror was discharged from service after he injured his back. On Friday, jurors heard an audio-recorded interview when Williams led police to the knife used in the murder, as well as the victim's purse and other personal belongings. Williams told police during the interview that another man stabbed the victim and made him go along with him and drive the stolen car. A DNA analyst testified that Williams' blood was found in the victim's car. (source: Tyler Morning Telegraph) NEW YORK: Who Gets the Death Penalty and Why: Race Matters The John Jay College of Criminal Justice today released the following advisory. WHAT: The Death Penalty in Black and White Forum David Kaczynski and Bill Babbitt, both death penalty opponents, will discuss their personal stories which highlight the arbitrary nature of the capital punishment in the United States. Sponsored by the Center on Race, Crime and Justice The Center on Race, Crime and Justice was established to explore the issues of crime and justice in a diverse society. WHO: David Kaczynski, Executive Director, New Yorkers Against the Death Penalty. Mr. Kaczynski turned in his brother Ted Kaczynski who is serving a life sentence for the "Unabomber" homicides. Bill Babbitt, Board Member, Murder Victims' Families for Human Rights Mr. Babbitt's mentally ill brother was executed in 1999. WHEN: Tuesday, October 3 at 3:15 PM WHERE: Multi-Purpose Room, 2nd Floor, North Hall John Jay College of Criminal Justice 445 West 59th Street, between 10th and 11th Avenues, New York City Admission is FREE Established in 1964, John Jay College of Criminal Justice of The City University of New York is an international leader in educating for justice. It offers a rich liberal arts and professional studies curriculum to upwards of 14,000 undergraduate and graduate students from more than 135 nations. In teaching and research, the College approaches justice as an applied art in service to society and as an ongoing conversation about fundamental human desires for fairness, equality and the rule of law. CONTACT: Chris Godek or Doreen Vinas, John Jay College of Criminal Justice media relations, 212-237-8645 (source: Ascribe News) KANSAS: Kline launches Web site to criticize opponent over 2000 law Attorney General Phill Kline added a new twist to campaigning by launching a separate Web site devoted to criticizing Democratic challenger Paul Morrison for his role in a 2000 law shortening the time released inmates were under state supervision. Dubbed "Paul's Policy" and launched Monday, it isn't tied to the Kline campaign Web site. At the top of the page is a photograph of the Johnson County district attorney in front of some 40 mug shots. At the bottom in small type is the notation that it's paid for by the Kline campaign. It also features 4 photos of men identified as having been returned to prison. The photos link to the Department of Corrections Web site showing their criminal histories. Viewers also can check on individuals by county or specific crime. "That Web site is full of deliberate lies and Phill Kline knows it," said Morrison campaign manager Mark Simpson. "Paul Morrison had a hand in the bill, but like everything else on the Web site, it is distortions and lies." Kline has made linking Morrison to the 2000 law and saying it shows Morrison is soft on crime a cornerstone of his campaign. But the way of conveying the message is unusual, said Bob Beatty, Washburn University political science professor. "What they are doing is relatively new, in setting up a Web site for a specific purpose not linked to the campaign Web site," Beatty said. "This is the modern face of American politics and Kline is on the cutting edge of this." Beatty said in the past, it has been common for candidates to write books explaining their views on various issues and giving readers insight into who they are. "It is the modern version of the old campaign book by candidates. This Web site can be used by supporters of Kline in talking to undecided voters," Beatty said. "It's all designed to look like a factual Web site when in fact it is no different than a speech that Phill Kline might give." Kline spokeswoman Sherriene Jones said: "It was our way of drawing Kansas voters to a significant difference between Phill Kline and Paul Morrison and their approach to policy." Paul's Policy focuses on what Kline says is Morrison's role in the passage of Senate Bill 323, signed into law by then-Gov. Bill Graves after it was overwhelmingly approved by the Legislature. "Paul Morrison wrote the bill that let the felons out. Now he wants to be your attorney general," the Web site stated. The bill's final version was crafted by legislators. To deal with a growing inmate population, the legislation shortened the time offenders were supervised after their release from prison and also included $6.7 million for prison expansions. "He did help craft the bill and he did lobby lawmakers to get it passed," Jones said, adding the bill included recommendations by the Kansas Sentencing Commission that Morrison supported as its vice chairman. The Web site also refers to more than 1,500 offenders whose supervision was shortened by the law and who have returned to prison. Corrections officials say 2/3 of them already would have been released from supervision when they committed new crimes, even without the 2000 law. Simpson said the Web site mentions that Kline, then a House member, voted against the bill, but neglected to mention many conservative Republican legislators voted for it, including Susan Wagle, GOP candidate for lieutenant governor. "Phill has been throwing that attack out for a long time. It's an unfair criticism of Paul Morrison and also a criticism of the Republican-dominated Legislature that overwhelmingly supported it," Simpson said. The site also mentions Reginald Carr, who is on death row along with his brother, Jonathan, for a December 2000 killing spree in Wichita. After Reginald Carr's release from prison in March 2000, the state ended its supervision of him prematurely, less than 2 weeks before the 1st killing. Kline has argued it's fair to link Reginald Carr to the 2000 law because the law shaved a year off the time he was under state supervision, setting the end date as June 1, 2001. But the state actually ended its supervision 6 months earlier, on Dec. 1, 2000, something the Department of Corrections attributed to an error by 2 employees. Had the error not occurred, Reginald Carr would have been under state supervision at the time of the killings. On the Net: Kline Campaign: http://www.klineforag.com Morrison Campaign: http://www.morrisonforag.com Paul's Policy: http://www.paulspolicy.com (source: Associated Press) MARYLAND: Howard County to host death penalty trial----Roxbury inmate accused of killing corrections officer at hospital The death-penalty trial of an inmate accused of killing a corrections officer will be conducted in Howard County, a Washington County judge ruled Monday. Brandon T. Morris, 20, was indicted on 36 counts, including 3 1st-degree murder charges, in the slaying in January of Jeffery A. Wroten. Wroten, 44, of Martinsburg, W.Va., was guarding Morris' room at Washington County Hospital when he was fatally shot in the head early in the morning of Jan. 26. Morris, 20, was serving an eight-year sentence at the nearby Roxbury Correctional Institution for assault, robbery and handgun convictions in Baltimore. He had been admitted to the hospital the previous day for observation after having a sewing needle removed from his right side. Prosecutors contend the wound was self-inflicted. After the shooting, Morris allegedly briefly took a visitor hostage and then forced a cab driver to drive him at gunpoint on a police chase that crossed into Pennsylvania and back before the driver crashed the car into a concrete barrier 6 miles north of Hagerstown. Morris had the right under Maryland law to have his case automatically moved to another jurisdiction because he faces the death penalty if convicted. Washington County administrative Judge Frederick C. Wright III granted Morris' request and set aside the Oct. 23 trial date that had been set for Washington County. Howard County Circuit Court Chief Deputy Clerk Wayne Robey told The Herald-Mail of Hagerstown that when the court receives Morris' file, administrative Judge Diane O. Leasure will assign a presiding judge and set a status hearing or scheduling conference for the case. Morris is being held the Maryland Correctional Adjustment Center, known as Supermax, in Baltimore. His lawyers had argued that pretrial publicity and high county employment at the Maryland Division of Correction and the Hospital would prevent Morris from getting a fair trial in Hagerstown. There are no state prisons in Howard County, a Division of Correction spokeswoman said. (source: Associated Press) ARIZONA: Court accepts Ariz. death penalty appeal The Supreme Court accepted an appeal Tuesday from Arizona, which wants to execute a twice-convicted killer who says his lawyer didn't do enough to ward off a death sentence. Justices said they would review a decision by the 9th U.S. Circuit Court of Appeals, which said a lower court should consider Jeffrey Landrigan's claims that his lawyer was ineffective. Landrigan escaped from an Oklahoma prison in 1989, where he was serving a 20-year term for murdering an acquaintance. A month later, he killed Chester Dyer, who picked up men on the Phoenix streets by flashing large sums of money. As Landrigan and the man were drinking beer in the victim's Phoenix apartment, Landrigan strangled Dyer with an electrical cord and repeatedly punctured him with a screwdriver. He was convicted of killing Dyer and sentenced to death. Dale Baich, who represents Landrigan in his appeals, said his client might have won a life term instead of a death sentence if his trial lawyer had submitted evidence that he was predisposed to violence and suffered brain damage that made him unable to appreciate his crimes. Landrigan's father, Darrel Wayne Hill, had been on death row in Arkansas until he died of natural causes last year. Arizona Attorney General Terry Goddard said Landrigan told the trial judge he did not want his lawyer to introduce evidence that would have mitigated against a sentence of death. The Arizona Supreme Court, a federal district judge and a 3-judge panel of the 9th Circuit all rejected Landrigan's claims before the full appellate decided otherwise in March. The case is Schriro v. Landrigan, 05-1575. (source: Associated Press) TENNESSEE: Ford campaign says it has tougher death penalty stance Officials with the campaign of U-S Senate candidate Harold Ford Junior say he takes a tougher stand on the death penalty than his Republican opponent Bob Corker. Ford and the 2 major candidates for governor responded in a survey by the state chapter of the Fraternal Order of Police that they support all existing state and federal laws regarding the death penalty. But Corker's response was more brief. The former Chattanooga mayor wrote he supports the death penalty for murder. Ford's senior adviser for communications and policy Tom Lee said other death-penalty eligible offenses include treason, espionage and several terror-related crimes. Corker campaign manager Ben Mitchell said Ford is trying to make up positions that Bob Corker doesn't have. Mitchell said Corker's more complete answer to the question is that he supports all federal death penalty laws. (source: Associated Press)
[Deathpenalty] death penalty news----TEXAS, N.Y., KAN., MD., ARIZ., TENN.
Rick Halperin Tue, 26 Sep 2006 11:17:14 -0500 (Central Daylight Time)