Feb. 3


TEXAS:

Supreme Court clinics let students take cases to highest forum


Sitting through another boring lecture on contracts or torts, some law
students may daydream about taking a case all the way to the U.S. Supreme
Court.

University of Texas law student Benjamin Wallfisch doesn't have time to
let his imagination wander. He's busy preparing part of a brief in a case
the nation's highest court will consider next month.

Wallfisch is a member of UT's new Supreme Court clinic, an intense program
that lets students act as junior attorneys as they try to persuade the
justices to hear their case and, ultimately, rule in their favor.

A growing number of elite universities are establishing Supreme Court
clinics in an effort to improve their top students' writing and research
skills while exposing them to the highest level of litigation. It's part
of a nationwide effort to make the third year of law school more engaging,
relevant and productive.

"I wanted the opportunity to work on a real case with real clients and
real stakes," said Wallfisch, 28, of Galveston. "It's rare in law school
to get the chance to do that. There's a lot of law, a lot of theory to
learn and few opportunities to apply that."

Like most law schools, the University of Texas offers many other clinics
in areas such as environmental law, immigration law or mental health law.
Some clinics, such as UT's capital punishment clinic, occasionally even
work on cases before the U.S. Supreme Court.

It's still relatively rare, however, for clinics to focus entirely on
Supreme Court advocacy, said Stephen Wermiel, a Supreme Court expert at
American University. Stanford Law School opened the first such clinic in
2004, and Texas, Northwestern, Virginia and Yale established similar
programs this year. This week, Harvard announced plans to open a clinic in
the fall.

The Texas clinic is representing a Florida company in a case involving
federal transportation law. Six federal appellate courts have considered
the legal question, with 4 ruling one way and 2 ruling the other, said
professor Michael Sturley, who directs the clinic with a Washington
attorney.

While only licensed attorneys may appear before the Supreme Court, the
Texas students are participating in nearly every other aspect of preparing
and presenting their arguments. After debating basic strategies and
researching related laws and rulings, they helped craft the petition
asking the court to hear their case.

Once the petition was granted - a major victory in itself because the
court agrees to hear just 1 percent of the thousands of cases filed - they
began writing a brief laying out their arguments. Next month, they will
help prepare their professors for oral arguments and fly to Washington to
watch the justices consider the case.

To William Adams, a Stanford graduate who participated in the school's
first clinic, watching the justices debate the merits of his case was the
best part of the experience.

"We always joked when we were in the clinic we sort of thought we had
reached the pinnacle of our careers before even getting out of law
school," said Adams, who's now an attorney in New York City.

The long hours Adams put into the clinic paid off, honing his ability to
analyze and craft sophisticated and persuasive legal arguments, said
Daniel Bromberg, a partner at Adams' firm.

He "turns out something that comes pretty close to what's ultimately filed
in court, and that's very unusual for someone of his level," Bromberg
said.

Sturley recently added another team of students and hopes to have as much
luck persuading the court to hear their case. The justices have agreed to
hear six of the 12 or 15 cases brought to them by the Stanford clinic,
according to its co-director, Pamela Karlan.

The clinics' long-term success will depend on the quality of work they
present, which will depend on the supervision the students receive,
Wermiel said.

Karlan, for example, said she spends up to 60 hours a week working with
students in addition to teaching one or 2 other courses.

"It's not necessarily helping anybody other than the law students if the
petitions aren't extremely well written and if the briefs aren't making
the best legal arguments possible," Wermiel said.

(source: Associated Press)

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

On February 3, 1998, Texas womens death row inmate Karla Faye Tucker
became the 1st woman to be executed by the state since the Civil War.

(source: KWTX News)

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

Ex-pastor guilty of capital murder


After being reminded by prosecutors that a pregnant 17-year-old Stephanie
Sanchez bled to death as her assailant went to the gym and shopping,
jurors took just 75 minutes Friday to convict the former youth pastor of
capital murder.

Adrian Estrada, 24, showed no emotion when the court announced the guilty
verdict, which also took into account the death of the unborn child.
During Friday's proceedings, Estrada mostly stared at the defense table,
but looked up to watch the jury present its verdict.

Close relatives of the defendant and the victim were overwhelmed by
emotion and were consoled by their respective supporters.

State District Judge Sid Harle set the punishment phase for Tuesday.
Estrada, who was Sanchez's boyfriend and the father of the unborn child,
faces life in prison without parole or the death penalty.

While neither the parents of Estrada nor Sanchez would speak with
reporters afterward, Trino Rodriguez, one of Sanchez's uncles revealed
thoughts he restrained in court. He said he saw no remorse from Estrada.

"I felt like jumping over and beating the (expletive) out of him,"
Rodriguez said. "He doesn't have no soul. He doesn't have no feelings.
Nothing at all. Look what he's done, and nothing. He just stayed with his
head down all the time."

Asked by reporters what punishment he desired, Rodriguez said, "Death. If
it was up to me, get a rope and hang him outside."

During closing arguments, Estrada's lawyers Suzanne Kramer and Celeste
Ramirez did not dispute that Estrada killed Sanchez at her West Side home
on Dec. 12, 2005. But they keyed in on the prosecutors' call for a capital
murder conviction, which hinged on whether they could prove that Estrada
also intentionally killed the unborn baby.

DNA tests showed the child was his. It was the third time Estrada had
impregnated Sanchez and the final pregnancy she never carried to full
term. Sanchez took Estrada to abort the first pregnancy, the second ended
in a miscarriage, according to trial testimony.

Prosecutors Kirsta Melton and Scott Simpson painted Estrada as cold,
calculating and unrepentant - contrary to his role as youth pastor at El
Sendero Assembly of God church.

They argued his motive to kill Sanchez and the child was because they
would interfere with his life's plans. Simpson argued Estrada hid his
relationship with Sanchez from the church, lied to the church and
convinced Sanchez's father to go to the church and lie for him.

Melton said that on the day of the incident, Estrada choked Sanchez,
turned her over because he "couldn't stomach looking at her," stabbed her
13 times and left her to die knowing the unborn child would also perish.

He then left, disposed of evidence, went to the gym, cleaned up and went
to Wal-Mart, the prosecutors said.

"The man was picking out clothes while (Sanchez) and his child bled to
death on the kitchen floor," Melton told jurors.

Simpson showed jurors photos of Sanchez's back, pointed to 5 stab wounds
in her neck and head and said those were intended by Estrada to kill her.

The prosecutor then turned to a photo showing eight stabs or cuts on
Sanchez's back torso, knelt in front of the jury and offered his imitation
of Estrada, bringing his arm above his head and stabbing at the air with a
clenched fist.

He then called on jurors to deliver a verdict that took both deaths into
account.

But the defense argued that Estrada did not go to Sanchez's home with
intent to kill her or the baby and did not take a weapon to the home.
Instead, Kramer argued, there was evidence of an altercation between
Sanchez and Estrada, and that it was possible Sanchez came at Estrada with
a knife, but he took it away.

"We will not argue that (the killing) was in self-defense," Kramer told
jurors. "I think it'll insult your intelligence. I think it's obvious
whatever happened was emotions gone awry."

Sanchez' parents sued El Sendero and its pastor, claiming that they should
shoulder responsibility for what happened to their daughter because a
pastor was informed of the relationship between Estrada and Sanchez and
did nothing about it.

Church Pastor Raul Garcia, in an interview, denied the allegations, and
claimed Estrada had resigned from the church before the killing took
place.

"He was not a youth pastor when the incident happened," Garcia said. "One
bad apple can hurt the church. We're sorry about what happened, but we
were not involved."

The lawsuit is pending.

(source: San Antonio Express-News)






OHIO:

Ohio Supports Strickland on Execution Stay


Many adults in the Buckeye state believe their governor was right to
postpone 3 upcoming executions of death row inmates, according to a poll
by the Quinnipiac University Polling Institute. 60 % of respondents
support Ted Stricklands decision to review each case before going forward.

Since 1976, 1,061 people have been put to death in the United States,
including 4 this year. More than a third of all executions have taken
place in the state of Texas. Fourteen states and the District of Columbia
do not engage in capital punishment, and moratoriums on executions have
been issued in Illinois and New Jersey.

On Jan. 20, Stricklandwho took office on Jan. 8postponed the executions of
three death row inmates, declaring, "(Before proceeding), my staff and I
will have conducted a comprehensive, thorough and searching review of the
case to determine if any exercise of executive clemency is appropriate."

Ohio has executed 24 men since capital punishment was reinstated in
February 1999. 48 % of respondents are in favour of sentencing people
convicted of murder to death, while 38 % prefer life imprisonment with no
chance of parole.

Polling Data

Ohio governor Ted Strickland has postponed three upcoming executions of
death row inmates saying that he wants to review each case before going
forward with execution. Do you support or oppose Stricklands decision to
postpone these executions?

Support----60%

Oppose----31%

Not sure----9%

Which punishment do you prefer for people convicted of murder: the death
penalty or life in prison with no chance of parole?

Death penalty----48%

Life / No parole----38%

Not sure----14%

[source: Quinnipiac University Polling Institute]

Methodology: Telephone interviews to 1,305 registered Ohio voters,
conducted from Jan. 23 to Jan. 28, 2006. Margin of error is 2.7 %.

(source: Angus Reid Global Monitor)

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

Evidence missing again from file of death-row inmate----Timothy Coleman
had won a request to have DNA tests conducted on a murder victim's
clothing.


For the 2nd time, evidence in death row inmate Timothy Coleman's 1996
murder case has turned up missing from Clark County's custody just as
Coleman's defense was seeking to have it scientifically tested.

A federal judge in September granted a defense request to have independent
DNA testing conducted on crime-scene evidence, including murder victim
Melinda Stevens' shorts and underwear. But defense attorney Kelly Culshaw
said she learned in mid-January that when Clark County Clerk of Courts
officials looked for the items, they found the evidence box for Coleman's
case was open and, while other evidence was present, the shorts and
underwear were missing.

"I've been doing this for 10 years and this is the first case I've had
where evidence has gone missing," said Culshaw of the Ohio public
defender's office. "It's certainly disconcerting that three pieces of
evidence have come up missing. Did it have helpful evidence for us - is
that why it disappeared? (Or) is it just poor record-keeping?"

Culshaw has asked U.S. District Judge Edmund A. Sargus Jr. of Columbus to
allow her to take a sworn deposition from a Clark County clerk of courts
official about how evidence is handled there. The Ohio attorney general's
office has not objected.

Clark County Clerk of Courts Ron Vincent admitted the evidence is "not
that well protected. We're still digging around, trying to see if we can
recover it, but so far it hasn't come up at all."

Boxes of evidence from long-ago crimes are kept in public areas alongside
public records at Vincent's office. Vincent said it's his understanding
that such evidence is considered public record.

Several years ago, it was learned that Clark County lost a tape of a
statement Coleman made to police. The defense wanted to have the tape
electronically enhanced in hopes of hearing "big hunks" of inaudible
conversation that may have helped Coleman, Culshaw said.

Coleman, now 37, was sentenced to death for the Jan. 2, 1996,
execution-style murder of Stevens of Springfield, a police drug informant
who was to testify against him.

The DNA "genetic fingerprint" testing is important because in 2001, years
after Coleman's conviction, another death row inmate from Springfield
swore out an affidavit claiming to have killed Stevens, 33, after having
sex with her. If William Sapp's DNA is found on the crime-scene evidence,
it would bolster his story and cast doubt on Coleman's involvement, the
defense argues.

Bode Technology Group is already testing a rape kit that was part of
Stevens' autopsy and a malt liquor bottle found near her body. A previous
DNA test on those items was inconclusive, but Stevens' garments were never
tested.

Coleman, in a phone interview Friday with the Dayton Daily News from the
Ohio State Penitentiary in Youngstown, proclaimed his innocence and said
witnesses who testified at his trial that he bragged about killing Stevens
had reason to lie, because they were also facing drug charges and wanted
to curry favor with police. He also said he was "set up" for the murder by
authorities.

"The box has been opened and the stuff is gone," Coleman said of the
evidence. "I'm innocent - they set me up."

Sapp, 44, is on death row for the notorious 1992 murders of 2 preteen
girls - Martha Leach and Phree Morrow - and of a Springfield woman named
Belinda Anderson. Jim Canepa, chief of the capital crimes unit of the Ohio
attorney general's office, said last month he's certain of Coleman's
guilt.

(source: Dayton Daily News)






UTAH:

Death penalty provision dropped from sex offender bill


A provision in a sex offender bill that would have made some
twice-convicted offenders candidates for the death penalty has been
dropped in favor of one that would make them eligible for life
imprisonment.

Utah would have become the 6th state to make the death penalty an option
for certain sex offenses against children if the measure by Representative
Carl Wimmer had been approved by the Republican-controlled Legislature.

No one convicted of a sex offense has been executed since the U.S. Supreme
Court allowed states to reinstate capital punishment 30 years ago.

In 1977, the U.S. Supreme Court reversed the death penalty for a Georgia
man convicted of raping an adult woman, describing it as "an excessive
penalty for the rapist who, as such, does not take human life."

On the Net: House Bill 86 www.le.state.ut.us/
7/82007/htmdoc/hbillhtm/HB0086S01.htm

(source: Associated Press)






MISSISSIPPI:

South Miss. newspaper sues over Harrison Co. jail records


The Sun Herald newspaper has filed a lawsuit to get access to public
records and correspondence involving prisoner-abuse complaints at the
county jail.

Named as defendants in the lawsuit filed Friday in Harrison County
Chancery Court were the Mississippi Department of Public Safety, the
sheriff's department and Sheriff George H. Payne Jr.

Payne's attorney, Cy Faneca, said Friday he has not seen the lawsuit and
could not comment.

The lawsuit, which gives only one side of the legal argument, alleges the
defendants violated the Mississippi Public Records Act by denying the
newspaper access to complaints made by prisoners reporting abuse by
officers and by other inmates.

The lawsuit also claims the newspaper has been wrongly denied access to a
copy of the videotape that recorded the fatal beating of inmate Jessie Lee
Williams Jr.

Henry Laird, the newspaper's attorney, said The Sun Herald had filed
several public records requests for information, including the videotape,
since the Feb. 4, 2006, beating at the jail.

Most of the requests have been denied, with the respective agencies basing
their denial on a related investigation, he said.

"These issues have been hidden from the public, the public has been misled
and we need to open up to the public how the jail is run because of the
abuses that have happened there," said Laird.

Since August 2006, 5 former Harrison County corrections officers have
pleaded guilty to conspiring, under color of law, to deprive inmates of
their rights with the use of excessive and unnecessary force. A 6th former
jailer remains in custody awaiting trial and could be prosecuted under the
federal death penalty.

"We're doing this because law enforcement has attempted to convert records
that are normally not used in a criminal investigation into records they
say now are being used in a criminal investigation," Laird said.

Laird said the newspaper is asking that a judge order the documents be
brought into chambers for a private review. If the judge agrees with the
newspaper, the judge could order the documents produced or copied, he
said.

The newspaper also asked the Department of Public Safety for copies of
correspondence between its agency and the sheriff's department involving
inmate grievances, Laird said.

The sheriff at first agreed to allow the newspaper to inspect and copy
inmate grievances, according to the lawsuit.

However, the lawsuit alleges the sheriff changed his mind after the
Department of Justice said the correspondence should not be disclosed
because of the ongoing federal investigation into Williams' death.

Laird said Payne did provide access to some of the documents requested by
the newspaper.

(source: Associated Press)






NORTH CAROLINA:

Proposed execution protocol may create conflict with medical
board----Doctor participation in capital punishment raises ethical issues


State leaders will consider a new execution procedure next week that
requires a doctor's participation, but the proposal appears to conflict
with the state medical board's recent declaration that physicians who
actively take part in an execution violate medical ethics.

The proposed change in the state's "execution protocol" highlights a
dilemma that has effectively put executions in North Carolina on hold.

Last year, a federal judge agreed to let an execution proceed only after
the state assured him a physician and a registered nurse would be present
to ensure the inmate did not suffer pain as he was put to death by
injection.

But last month, the N.C. Medical Board called a doctor's participation in
capital punishment "a departure from the ethics of the medical
profession."

"In my view, their protocol ignores what the medical board did," said E.
Hardy Lewis, a Raleigh lawyer who represents death-row inmate Jerry
Conner. "They have just decided to ignore it."

State law requires that a doctor be present at executions, and that is
allowed by the N.C. Medical Board. But the board cautioned last month that
a "physician who engages in any verbal or physical activity ... that
facilitates the execution may be subject to disciplinary action."

While trying to sort out that conflict, the state said in a federal
lawsuit challenging the constitutionality of lethal injection that a nurse
and medical technician - instead of a doctor - would monitor a condemned
inmates' vital signs. The state said a doctor would only observe the
execution and later sign a death certificate.

That change was apparently designed to satisfy both the medical board and
the demands of the federal court. But Judge Donald Stephens of Wake
Superior Court, citing a law written in 1909, said the governor and the
Council of State must approve such a change.

Stephens put three executions on hold until the council did so. Marcus
Reymond Robinson was scheduled to die on Jan. 26, James Edward Thomas was
slated to be put to death yesterday, and James Adolph Campbell was to die
Feb. 9. No other executions for the 164 other inmates on death row have
been scheduled. The council - made up of the governor, lieutenant governor
and the elected heads of 8 state government agencies - will consider the
new protocol Tuesday.

But instead of approving the process involving a nurse and a medical
technician, the revised protocol on their agenda requires a physician to
monitor "the essential body functions of the condemned inmate" and notify
the warden if the inmate shows signs of "undue pain and suffering."

"It still says that the doctor shall monitor the essential bodily
functions and according to the medical board ruling ... a doctor can't
participate in executions," said David Neal, a defense attorney with
several clients on death row. "So I don't see how it will pass muster."

Gov. Mike Easley's office had previously referred all questions about the
execution process to the state attorney general's office, and in a
statement released late yesterday, the governor clearly appeared ready to
be rid of the issue.

"This protocol will be presented Tuesday to the Council of State and they
will determine if it is consistent with current law as enacted by the
General Assembly," Easley said. "Then, this issue will go back to the
courts for them to determine how it will go forward."

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

Judge rules that prosecutor lied in court----Statements that witness made
were said not to exist, or weren't shared


In Charlotte, a federal judge reviewing a death-row inmate's case said
that the prosecution lied in court and hid witness statements during the
man's 1995 murder trial.

In court documents filed this week, Judge Graham Mullen of U.S. District
Court questioned the behavior that he said prosecutors used to win a
conviction against Darrell Strickland in Union County.

"In suppressing (witness statements) ... and lying about it to the court,
the prosecution lost sight of what the American judicial system strives to
guarantee," Mullen wrote in a 120-page order.

But former prosecutor Scott Brewer, whose behavior in the case was also
the subject of a grievance filed last year with the N.C. State Bar, said
he didn't deliberately withhold anything in the trial.

Strickland, 48, was convicted in the shooting death of Henry Nathaniel
Brown and remains on death row. Brown was shot at Strickland's Marshville
home during a night of drinking, and the men's wives were in the kitchen
when it happened, according to court documents. Gail Brown was the only
witness to the shooting.

The statements in question include some that Gail Brown made to police.
The statements, which included conflicting details, weren't given to
defense attorneys. Brewer said in court that her statements didn't exist,
according to court transcripts. Another prosecutor on the case did not
correct Brewer, transcripts show.

Strickland's attorneys have said that the evidence in question suggests
that the killing may have happened in sudden anger, not with
premeditation. They say that he might have avoided a death sentence if all
the evidence had been known.

"When prosecutors believe they need to hide evidence in order to obtain a
desired verdict or a desired sentence, it raises questions about whether
justice is, in fact, being done," Mullen wrote.

The order came in response to Strickland's request to be freed, which
Mullen recommended against.

Brewer, who is now a district judge, said Thursday that Mullen was making
unjust statements without consulting the prosecution in the case. He also
noted that he didn't mention Gail Brown's statements because he didn't
think that they were legal.

"I don't know how he could come to this conclusion without hearing from
us," Brewer said.

Judge William Helms of Superior Court ruled in 2001 that Strickland's
attorneys had been entitled to Gail Brown's statements. But Helms also
said that not having the statements - one of which he said wasn't legal
because it wasn't signed - had not hurt the defense.

Brewer prosecuted another murder case in which his behavior was
questioned. The state bar accused him and former Union prosecutor Ken
Honeycutt of not telling a trial judge or defense attorneys about a key
witness's testimony deal in the 1996 death-penalty trial of John Gregory
Hoffman. Evidence about the deal has led to the granting of a new trial
for Hoffman, but a special prosecutor investigating the deal said that no
charges would be filed against Brewer and Honeycutt.

(source for both: Associated Press)

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

With death penalty at a crossroads, legislature should enact moratorium


On Tuesday the Council of State is scheduled to consider North Carolina's
execution protocol. As the Catholic bishop of Raleigh I urge the council
to defer this matter to the General Assembly and for the General Assembly
to declare a moratorium on the death penalty in this current session. This
critical issue needs a careful and thorough investigation.

At issue are 2 points. First, should capital punishment be permitted in
North Carolina? Second, what safeguards must be in place should the state
decide to execute someone.

In answer to the first point, I note that since 1980 the Catholic bishops
of the United States have taken a strong and principled position against
the use of the death penalty. We oppose the use of the death penalty not
just for what it does to those guilty of horrible crimes, but also for how
it negatively affects society. Executions fail to reconstruct justice and
to bring forth reconciliation. Instead, the use of the death penalty
fosters revenge and plants seeds of further violence.

Our late beloved Pope John Paul II, viewed as a beacon of morality across
the religious spectrum, clarified the moral imperative for contemporary
society when he said "Today, given the means at the State's disposal to
deal with crime and control those who commit it, without abandoning all
hope of their redemption, the cases where it is absolutely necessary to do
away with an offender are now very rare, even non-existent practically."

I grieve for the victims of heinous crimes and for the suffering these
crimes inflict on the victims' families. As a Catholic, I am also
compelled by the gospel of Jesus Christ to work for the redemption of the
criminal, forgiveness, healing and reconciliation.

This leads me to my 2nd point. Since North Carolina continues to allow
executions as a form of punishment, I urge the General Assembly to declare
a moratorium on capital punishment.

This would in effect, at least, install better safeguards to prevent those
innocent of a capital crime from being falsely convicted. A moratorium
would further assist us in considering the rights of those who have not
been justly prosecuted because of racial or class bias, mental illness or
other mitigating circumstances.

There is too much killing in our world. We must commit ourselves, not to a
culture of death, but to the defense of a culture of life. The increasing
reliance on the death penalty diminishes all of us, increases disrespect
for human life and offers the tragic illusion that we can teach that
killing is wrong as we continue to kill others. It is time to "choose life
then, that you and your descendants may live" (Deuteronomy 30:19).

Most Rev. Michael F. Burbidge

Bishop of Raleigh----Raleigh

(source: Letter to the Editor, News & Observer)




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