[Deathpenalty] death penalty news----S.C., TENN., OHIO, PENN.

[Rick Halperin]

June 20



SOUTH CAROLINA----impending execution

S.C. man to be executed today----Convicted killer sealed his fate by
representing himself at trial, attorney says


James Earl Reed - scheduled to die in South Carolina's electric chair
today - made 2 fatal miscalculations: killing his ex-girlfriend's parents
and representing himself at trial, one of his attorneys said.

"Had James not represented himself, he would not be on death row today -
that's for certain," said Columbia attorney Joe Savitz, who represented
Reed during his appeals.

Reed, 49, will be the 1st person electrocuted in South Carolina in more
than 4 years. He has been on Death Row since 1996, when he was convicted
of murdering Joseph and Barbara Lafayette in their Charleston County home
2 years earlier. Prosecutors said he was looking for an ex-girlfriend.

During his trial, Reed fired his attorney and represented himself, denying
the killings despite a confession and arguing that no physical evidence
placed him at the scene. Jurors found him guilty and recommended he should
die.

The attorney Reed fired, Ashley Pennington, stayed on as his legal
adviser. He said his former client panicked and tried to rehire him for
the penalty phase - a request the trial judge denied.

"There were compelling facts that suggested guilt, and there were
compelling facts that suggested that he was a person who had a very, very,
very difficult life," Pennington said. "And those facts never were
presented because he did not know how to present them."

Reed tried to argue in his appeal that the trial judge shouldn't have
allowed him to defend himself, but the state Supreme Court said he had
been warned.

Reed then tried to waive further appeals and have an execution date set.
Last year, the Supreme Court ruled that Reed could not drop those appeals
or continue to represent himself.

No one has been put to death in South Carolina's electric chair since
2004, when James Neil Tucker was executed for killing 2 women. According
to the Death Penalty Information Center, 8 other states electrocute
inmates.

In South Carolina, anyone sentenced to death can choose the electric chair
or lethal injection.

********************************

Death penalty in South Carolina


James Earl Reed will be the 280th person executed in South Carolina since
1912.

Before that, executions were by hanging in individual counties.

Of the 279 condemned, 73 were white and 206 were black. Also, 277 were men
and 2 were women.

Legalities of execution

Between 1963 and 1984, the state did not carry out any executions while
the legality of death penalty statutes was challenged nationally.

In 1972, the U.S. Supreme Court ruled that the death penalty was
unconstitutional in cases in which the court or jury had the unfettered
discretion to impose the ultimate penalty.

South Carolina, along with 34 other states, modified its statutes to make
the capital punishment mandatory in certain cases.

Crimes punishable by death in South Carolina are murder with 1 of 13
aggravating circumstances and criminal sexual conduct with a minor with 1
of 9 aggravating circumstances.

Also considered capital offenses are 2nd and subsequent offenses of
1st-degree criminal sexual conduct with a minor who is less than 11 years
old.

Methods of execution

All executions in the state were carried out by electrocution until June
1995, when people were allowed to choose between the electric chair and
lethal injection.

Since the option of lethal injection was introduced, only 2 people have
been executed by electrocution. The last man to die in the electric chair
was in 2004 after he refused to decide a method of execution. The default
was the electric chair because he was sentenced before June 1995.

The default mode for those sentenced after June 1995 is lethal injection.

8 states use the electric chair in executions, and all of those states
offer lethal injection as an alternative. The gas chamber, hanging and
firing squad also still exist in a few states, which also offer lethal
injection as an alternative.

**********************************

Killer's own death nears----Man shot mother, father of ex-girlfriend in
1994 rampageM


James Earl Reed's fatal stubborn streak is slated to end at 6 tonight in
the electric chair. Reed, 49, will be executed for the 1994 shooting
deaths of his ex-girlfriend's parents in their Adams Run home.

His low intelligence and difficult personality were hallmarks of his
trial, where he represented himself. In 2003, he simultaneously declared
his innocence and asked for his execution to be carried out.

Ultimately, his fate was sealed in May 1994, when he was released from
prison, where he had served time for an assault charge. Less than a month
after he was released, he turned up at the house of Joseph and Barbara Ann
Lafayette looking for his former girlfriend.

When the couple refused to tell Reed their daughter's whereabouts, he shot
them each five times, including point-blank execution shots to their
heads, prosecutors said. Family members of the victims declined to
comment.

Reed has not requested clemency from the governor's office, according to
spokesman Joel Sawyer. Legally, he may still seek a stay, said Mark
Plowden, communications director for the S.C. Attorney General's office.

He will be the 3rd person to be executed by electric chair in South
Carolina since the lethal injection option was introduced in 1995. 34 men
have been put to death in that period, 6 of whom were tried in Charleston
County.

Borderline

Reed insisted on defending himself in his double-murder trial, ignoring
pleas from defense attorneys that he had an IQ of 77. A normal IQ ranges
from 85 to 115.

A person with a test score of 70 is considered to have mild retardation,
but the ceiling may reach 75 because the standard error of measurement is
about 5 points, according to American Association on Intellectual and
Developmental Disabilities.

"James is kind of a posterchild for competency," said Joseph L. Savitz,
chief appellate defender of the S.C. Office of Appellate Defense, who
represented Reed during his first direct appeal. "He is right on the
borderline. He becomes competent, then he is incompetent."

Nationally, a few defendants with borderline IQs have had capital
punishment charges reversed, according to the Death Penalty Information
Center.

The trial judge allowed Reed to represent himself, with a court-designated
standby counsel, after a doctor concluded he was competent and able to
understand the proceedings. The doctor found Reed's failure to cooperate
with appointed counsel to be voluntary, according to court records. The
judge's decision was upheld in later appeals.

Reed's personality proved to be problematic for many who worked with him.
"A lot of people don't like James. James could be difficult to get along
with," Savitz said.

"James never quite really figured out the system he's playing with. I
think James thought the system cared about him more than it actually did,"
he said.

Trial

Prosecutors said Reed and the Lafayettes' daughter, Laurie Rego, dated
briefly while they were both in the Army but that she tried to end the
relationship.

Reed was arrested for driving a car into an Army officer trying to help
her. He was sentenced to 37 months in prison after pleading guilty to
assault. In prison, Reed wrote threatening letters to Rego.

After he was released, he bought a gun and hitchhiked to the Lafayettes'
house looking for Rego.

He was arrested the following day and confessed to the crime. 3
eyewitnesses testified they saw him leave the house and drive away in the
victims' car after shots were heard.

Although no physical evidence linked Reed to the scene, detectives found
in Reed's bag a diagram of the Lafayettes' home and tennis shoes of the
same make as shoe prints found in the Lafayettes' yard.

Neither the gun nor the spent casings were found.

Former 9th Circuit Solicitor David P. Schwacke prosecuted the case. "One
of the hardest types of cases to prosecute is when a person represents
himself," Schwacke said. "The fear is there is some sympathy engendered to
them."

After a jury took only 30 minutes to convict him, Reed pleaded for a
lawyer to represent him in the sentencing. The judge refused, and Reed
received capital punishment.

In 2003, while housed on death row at Lieber Correctional Institution in
Ridgeville, Reed declared that he wanted to end the appeal process and be
executed.

In a letter to The Associated Press 5 years ago, Reed wrote, "I am
standing upon my word that this case be dismiss [sic] or I be killed." He
also said he would not ask the governor for clemency, eat a final meal or
make a last statement.

Reed's choice of the electric chair strikes some onlookers as yet another
ornery decision. "I have no idea why he would do that other than to be
contrarian to the end," Savitz said.

(source for both: Charleston Post and Courier)

********************

Group plans vigil before SC man's execution


An anti-death penalty group plans to hold a vigil outside the South
Carolina prison where a man is set to be put to death by electrocution.

The Christian Action Council says it will have signs available for anyone
wishing to participate today before the 6 p.m. execution of James Earl
Reed.

Reed has been on South Carolina's death row since 1996 for the murders of
his ex-girlfriend's parents. Reed represented himself during his trial,
denying the killings despite a confession and arguing that no physical
evidence placed him at the scene.

Jurors found him guilty and decided he should die.

Reed would be the first person electrocuted in South Carolina in more than
four years. Most executions have been carried out by lethal injection.

(source for both: Associated Press)

******************

Judge rules Simmons incompetent to stand trial


A man accused of shooting to death 5 members of his family inside their
North Charleston mobile home, then sitting on his porch for hours
afterward, has been ruled incompetent to stand trial. Circuit Judge Kristi
Harrington ruled this morning that Michael Simmons is mentally incapable
of facing the five murder charges against him in the shooting deaths of
his wife and her four children in the fall of 2006.

The deaths stunned the community by the scope of the loss. All the
children were between 6 and 16 years old.

Simmons did not speak during the hearing. He spent most of the time
staring at the ground or shaking his head from side to side.

Prosecutors will now begin civil commitment proceedings to have Simmons
placed in a secure psychiatric facility, where he will be held
indefinitely, Chief Deputy Solicitor Bruce Durant said. Mental health
tests conducted on behalf of prosecutors and the defense concluded that
Simmons suffers from dementia, Durant said.

Durant said he was skeptical of the diagnosis, particularly since Simmons'
mental illness set in while the suspect was housed in the Charleston
County jail awaiting trial in the deaths.

Relatives of Simmons' wife, 39-year-old Detra Rainey, left the courtroom
grumbling that justice had not been served. They are convinced Simmons'
dementia is all an act designed to help him escape prison.

"He's playing a game, that's all it is," Charles Thompson, Rainey's
brother-in-law.

The killings were among the most heinous reported during 2006, a
record-setting year for murders in the tri-county area. North Charleston
police found all five victims fatally shot in their Ferndale area mobile
home on a Saturday afternoon. Investigators think Simmons, 41 at the time
of his arrest, shot the family in the early morning. Neighbors reported
seeing him sitting on his porch for much of the day, almost until the very
moment police arrived. Some said he looked fidgety.

Killed were Rainey and her children William Lee Rainey, 16; Hakiem Rainey,
13; Malachi Robinson, 8; and Samenia Robinson, 6.

The family had lived at the home at 1933 Marson St. for about four months
after moving from West Ashley. Police discovered the victims after an
unidentified witness tipped authorities off to the bodies, arrest
affidavits said. Simmons was arrested as he tried to drive away from the
area.

(source: Charleston Post and COurier)






TENNESSEE:

Attorney general's office says Tennessee executions remain on hold


The state Attorney General's office says scheduled executions will remain
on hold pending the state's appeal of a federal judge's ruling that
Tennessee's 3-drug method of lethal injection is cruel and unusual
punishment.

Other states have resumed executions since the Supreme Court turned back a
constitutional challenge to the lethal injection procedure used by
Kentucky.

But Tennessee faces an additional legal challenge brought last year by
death row inmate Edward Jerome Harbison.

U.S. District Judge Aleta Trauger ruled in September the state's lethal
injection procedure amounts to cruel and unusual punishment because of the
"substantial risk of unnecessary pain'' to the inmate.

Trauger barred the state from using the method until it addresses problems
with training and medical expertise.

"We are waiting on the Harbison case to be decided and then we can make
some decisions about executions,'' Elizabeth Ryan, senior counsel with the
AG's office, said Thursday.

Ryan addressed a joint death penalty study committee on Thursday that is
reviewing the lengthy appeals process for capital cases and its effect on
victims' families.

She said that after a person is convicted and sentenced to death, state
and federal appeals can take several years before an execution date is
set.

"There is considerable delay at the post-conviction level,'' she said.

On death row since 1978

According to the Department of Corrections, the longest current Tennessee
death row inmate, Donald Strouth, has been there since 1978. Last week,
the oldest living death row inmate Richard Austin died in prison at the
age of 68 after serving 30 years on death row.

While the state Supreme Court has set time limits on when appeals can be
made and ruled in on capital cases, Ryan said those timeframes are rarely
met and not enforced.

"I'm sure, in some cases, the delay is attributable to the state and in
some cases the delay is attributable to the defense or the court docket,''
Ryan said.

Charles Strobel, a member of the committee who represents victims'
services, said the state should help the families of victims better
understand the appeals process, which he said "remains painfully slow and
costly.''

(source: Associated Press)






OHIO:

A time for death-penalty soul-searching in Ohio ----Death-penalty
soul-searching


Lorain County Common Pleas Judge James M. Burge has ruled that the way
Ohio exe cutes condemned prisoners violates the state's own death-penalty
law. And he has offered a suggestion for fixing it.

Still, his narrowly crafted decision ought to force all Ohioans to
reconsider whether this state should be in the messy business of putting
even the worst criminals to death.

Based on medical testimony in his Elyria courtroom, Burge ruled that the
3-drug cocktail used for executions here and in most other states does not
meet the Ohio Revised Code's requirement that the condemned die "quickly
and painlessly."

Instead of the current procedure, Burge ordered the Ohio Department of
Rehabilitation and Correction to begin using a single, massive dose of
barbiturate, not unlike what a veterinarian would use to euthanize an
animal. Such a method, he wrote, would be harder to botch and therefore
less likely to result in an agonizing suffocation. State officials now
must decide whether to accept Burge's dictate or appeal it.

The judge avoided both federal and state constitutional language against
"cruel and unusual punishment." He noted that the U.S. Supreme Court ruled
this year that lethal injection - in the abstract - passes constitutional
muster. In upholding Kentucky's death penalty procedure, the high court
left open the possibility of future challenges on how such executions
actually are administered. But Burge ignored that door, too, and relied
entirely on Ohio law.

The fact that Ohio law explicitly requires executions to be quick and
painless underscores the ambivalence that any decent society feels toward
executions. Even those who believe that justice permits the taking of a
life want it done as neatly as possible.

But there's very little neat about killing. There is always the danger,
despite safeguards in the criminal justice system, that an innocent person
will be killed. The road to the death chamber is usually long and
expensive. Survivors of a heinous crime may never get the closure they
desire. The state is put in the awkward position of taking life in the
name of protecting it. And then there are the death chamber embarrassments
- procedures that take longer than anyone can stomach in part because
they're done by nonmedical personnel using rudimentary equipment.

Burge has offered Ohio a roadmap to more efficient executions. But it
would be far better if the legislature and the governor agreed that the
death penalty - however administered - has no place in 21st century Ohio.

(soruce: Editorial, Plain Dealer)






PENNSYLVANIA:

Life or death?---- Curran found guilty of first-degree murder


Richard C. Curran was found guilty Thursday of the 1st-degree murder of
his ex-wife, Tina S. Curran. He may learn his own fate today  life or
death.

While it's up to the court to decide  the prosecution seeks the death
penalty and the defense will push for life in prison  the victim's family
members are conflicted.

"I hope my sister haunts him every day of his life," Rebecca Doyle, of
Mount Carmel, said following Thursday's proceedings at Northumberland
County Courthouse. "The death penalty may be too good for him."

Asked if she preferred that Curran receive the death penalty, the victim's
mother, Bonnie Smith, of Mount Carmel, replied, "I'm hoping it's not the
death penalty, because he would just sit in isolation for years before
being putting to death.

"I would rather see him live among the normal prison population and let
them do with him what they want," she said, suggesting Curran could face
problems because he's a former police officer.

A jury of 6 men and 6 women deliberated for 90 minutes before finding
Curran guilty of 1st-degree murder, aggravated assault and recklessly
endangering another person. Curran, a former police chief in Bernville,
Berks County, expressed no emotion as the jury foreman read the guilty
verdict.

Following the verdict, which was delivered at 1 p.m., Tina Curran's
relatives and friends embraced outside the courthouse and expressed a
sense of relief after waiting almost 3 years for the 1st-degree
conviction.

Smith, who said she has a tattoo of her daughter on her back so Tina can
watch over her, stated, "I'm happy and relieved it went the way it did.
Now we have some closure. But it's been very difficult on all of us,
especially Tina's 2 daughters, Caitlyn (10) and Alexia (6). It's hard for
me to explain to them what happened to their mother."

Curran was charged by Coal Township Police Chief William Carpenter with
shooting to death his 31-year-old ex-wife on Aug. 24, 2005, on a loading
dock outside Shamokin Area Community Hospital, where the victim was
employed as a licensed practical nurse. Police found Curran had fired 12
shots at the victim, 7 of which hit their target.

He was arrested later that evening while trying to cross the Canadian
border in Niagara Falls, N.Y.

'Control freak'

Smith, who has full custody of her 2 granddaughters, said she was very
proud of her daughter for overcoming the loss of her right leg at a young
age due to cancer and completing nursing school. She said Tina was a fine
mother who loved her daughters dearly.

She had different thoughts of Tina's ex-husband. Smith described the
defendant as a control freak who physically and emotionally abused her
daughter for years before she was brave enough to leave him. She said
Curran has shown no remorse for killing her daughter and deserves
everything he gets. She also said her former son-in-law was a very jealous
husband.

Tina's sister and brother-in-law, Rebecca and Michael Doyle, also
expressed a sense of relief after hearing the guilty verdict.

"I believe in 'an eye for an eye,' but I am still torn between him
(Curran) getting life in prison without parole or the death penalty,"
Rebecca Doyle said.

She said she was very close to Tina despite being 10 years apart in age.
"We had a very close relationship and always took care of each other,"
said the 24-year-old Rebecca. "We have a very close-knit family."

Her husband added, "He (Curran) was never right in the head, and things
only got worse for Tina the more years they were together."

Rebecca said Saturday would have been her sister's 34th birthday.

In addition to Rebecca Doyle, Tina Curran also has a sister and
brother-in-law, Tonia, 32, and Tim Weidner, of Mount Carmel, and a
brother, Christopher Lucas, 31, of Hegins.

Jesse James, of Coal Township, who was Tina Curran's boyfriend at the time
of the murder, stated, "Whatever he gets, he gets. It's up to the jury to
decide that, but he's going to pay regardless. I will say my piece to him
tomorrow."

James described the murder victim as a "resilient, hard-working woman, a
wonderful mother and a great girlfriend."

Pleased with verdict

Northumberland County District Attorney Tony Rosini said he was pleased
with the jury's verdict and commended his staff, Coal Township police,
Canadian Border Services officials, U.S. Customs personnel, Niagara Falls,
N.Y. police and all the other investigators and witnesses involved in the
trial.

"I believe we had a very strong case going into the trial," Rosini said.
"Obviously, when someone fires 12 shots at someone, he has the specific
intent to kill. We are prepared to go to the penalty phase."

Currans attorney, Karl Rominger, of Carlisle, knew he faced an uphill
battle going into the trial, and wasnt shocked by the jury's guilty
verdict.

"The real question comes in the 2nd phase of the trial," Rominger said.
"I'll be able to use a mental health defense now, and Im confident the
result will be life in prison for my client."

Rominger believes Curran is still suffering from a bizarre delusion
syndrome that makes him think everyone lives forever. "I don't think
Richard sees too much risk in the penalty phase of the trial because he
doesn't think he can die," Rominger said.

Rominger, who admitted his client was not very helpful in preparing his
defense, said he plans to call several witnesses today during the penalty
phase, including a psychiatrist, psychologist, Carpenter and possibly
Currans longtime friend, Kenneth Lauderman, of Coal Township.

Rosini also plans to call witnesses in the penalty phase, which is
scheduled to begin at 9 a.m. and conclude by the end of the day.

An automatic review of the case by the state Supreme Court follows
sentencing. The court can either uphold the sentence or vacate for
imposition of a life sentence.

Glad it's over

Smith and her husband, Robert, commended Rosini, his staff and the
investigators.

"Our hats go off to them," Robert Smith said. "They did a fantastic job
and we really appreciate their hard work that resulted in today's
1st-degree murder conviction."

As for waiting almost 3 years for Curran to go to trial, he said, "That's
way too long. This has been a fiasco. The man is not nuts. He just acted
that way."

(source: The News Item)

*****************

Prosecutor drops bid for death penalty


Valley men sitting on death row

A Northumberland County jury will begin hearing testimony today regarding
whether Richard C. Curran should get the death penalty for killing his
estranged wife, Tina Curran, in August 2005. Three Valley men are among
the 225 sitting on death row. They are:

-- Brentt Sherwood, 28, convicted for the 2004 killing of his
stepdaughter, Marlee Rose Reed, in Northumberland.

-- James Frey, 49, convicted for the 2004 killing of his estranged wife,
Debra, near Sunbury.

-- Kevin Marinelli, 36, convicted for the 1994 killing of Conrad Dumchock
during a burglary in Kulpmont.

The 1st man executed in Pennsylvania after the reinstatement of the death
penalty was Keith Zettlemoyer, formerly of Selinsgrove. Zettlemoyer was
convicted in Dauphin County for killing Charles DeVetsco, who was
scheduled to testify against him about a robbery at the Susquehanna Valley
Mall. Zettlemoyer was executed by lethal injection in 1995.

(source: The Daily Item)

*******************************

D.A. seeks execution in death of infant


Prosecutors say they will seek the death penalty in the trial of Kevin
Mitchell Jr., accused in the death of his 7-month-old daughter
Zariyah.Prosecutors will seek the death penalty for Kevin Mitchell Jr,,
charged last month with killing his daughter Zariyah Mitchell, who was
just short of 7 months old when she died.

Lebanon County District Attorney Dave Arnold said this morning his office
is drawing up a list of "aggravated circumstances" necessary to justify
seeking the death penalty. One of the circumstances would be that the
victim was an infant, Arnold said.

Arnold's statement followed a preliminary hearing in which Mitchell was
bound over for trial by District Judge Maria Dissinger.

During the hearing, Lebanon County Detective Michael DiPalo, the only
witness, recited a long list of injuries Mitchell's daughter Zariyah had
suffered during her short life. While looking at 2 photos of Zariyah's
body, DiPalo listed injuries on virtually every part of her body,
including multiple bite marks, bruises, and burns caused by scalding.

Citing an autopsy report DiPalo said the official cause of death was head
trauma. It was not clear from the testimony exactly what had caused the
head trauma, although initial police reports said Mitchell said Zariyah
had fallen on her head on at least one occasion.

DiPalo said this morning that Mitchell told him he had never taken Zariyah
to receive medical treatment for her injuries. Under questioning by
defense attorney Brian Diederick, DiPalo said he didn't believe anyone
else had taken Zariyah to see a doctor either.

After the hearing, Arnold said he had still not decided whether to charge
Zariyah's mother, Miriam Nebot, in connection with Zariyah's death. Nebot
lived with Mitchell during Zariyah's life, but according to police
reports, Mitchell said Nebot did not take Zariyah to the doctor because of
his abuse and threats.

Authorities 1st became aware of Zariyah's plight when she was taken to
Good Samaritan Hospital May 23. She died at the hospital.

(source: Patriot-News)

*******************************

Prosecutors to seek death penalty for Bernville killings


Albert Perez, also known as Albert Ledbetter, of the 300 block of Chestnut
Street, was returned to Berks County Prison without bail this morning
after entering a not guilty plea before Judge Linda K.M. Ludgate.

Prosecutors will seek the death penalty for a 27-year-old man charged with
killing his ex-girlfriend and her 5-year-old daughter and hanging their
bodies to make it look like a murder-suicide. Albert Perez, also known as
Albert Ledbetter, of the 300 block of Chestnut Street, was returned to
Berks County Prison without bail this morning after entering a not guilty
plea before Judge Linda K.M. Ludgate.

Assistant District Attorney Adrian Shchuka said the death penalty is
warranted because one of the victims was a child and there were 2 victims.

Perez is charged with 1st-degree murder, abuse of a corpse and related
offenses in the deaths of Duceliz Diaz, 22, and her daughter, Kayla.

Their bodies were found Jan. 15, 2007, in Diazs Bernville apartment.

State police said Perez, who is being represented by assistant public
defenders Kevin Beals and Andrea Mertz, strangled the mother and daughter,
then staged the scene to make it look like Diaz hanged her daughter then
herself.

Perez was charged May 1 after an investigation that hinged on DNA and
fiber analysis by a state police crime lab and an FBI analysis of what
appeared to be a suicide note left by Diaz.

After comparing things written by Diaz and by Perez, the FBI concluded
Perez probably wrote the note after the murders, according to court
records.

The records contend Perez also was linked to the crime by fibers found in
his car and on a pair of his gloves. Investigators said the fibers were
from pajamas used to strangle the child.

(source: Reading Eagle)