Feb. 16 KENTUCKY: 2 Accused Of Killing Social Worker Could Face Death Penalty 2 people accused of killing a social worker in western Kentucky could face the death penalty if convicted. Henderson County Commonwealth's Attorney Bill Markwell filed a notice of intent this week to try the cases against Renee Terrell, 33, and Christopher Luttrell, 23, both of Henderson, as capital cases. A Henderson County grand jury charged the couple with murder, kidnapping, 1st-degree robbery and theft over $300. "We have reviewed the evidence in its entirety. We believe the conduct of the defendants of murder and robbery raises (the case) to the level where the jury should consider sentences more serious then life in prison," Markwell told The (Henderson) Gleaner on Thursday. Terrell and Luttrell are accused in the Oct. 16 killing of Boni Frederick, 67, and in the kidnapping of Terrell's infant son. Police searched for the 3, who were taking shelter in a trailer near Godfrey, Ill., about 30 miles north of St. Louis. Authorities said Terrell and Luttrell beat and stabbed Frederick during a scheduled visit that Frederick was facilitating between Terrell and the infant at Terrell's residence in Henderson. The state has custody of the child. The couple are accused of stealing jewelry off of Frederick's body and taking her car to leave the area. 1st-degree robbery is considered an aggravating circumstance that makes the case eligible for the death penalty. (source: Associated Press) MONTANA: Panel majority supports ending Montana death penalty Not all members of the Senate Judiciary Committee favor abolishing Montana's death penalty, but a majority agreed Thursday that the entire Senate should have the opportunity to weigh in on the matter. "This should be debated on the floor, though I'll probably vote against it," said Sen. Larry Jent, D-Bozeman. Many lawmakers echoed Jent's statement. A bill to abolish the death penalty, sponsored by Sen. Dan Harrington, D-Butte, passed 84, with two Republicans and two Democrats opposing it. "I've searched all the corners of my conscience and something inside me tells me not to support this bill," said Sen. Jesse Laslovich, D-Anaconda. "I don't know why. To a certain extent, I'm disappointed by that. It's one of those votes that you look to your conscience and hope that ultimately it's the right decision." For the last decade, lawmakers have debated whether to abolish the death penalty. Similar bills never made it out of committee during the 1999 and 2005 legislative sessions, but found their way to the floor in the 2001 and 2003 sessions. It's not a political issue, but a philosophical and moral one, said Sen. Dan McGee, R-Laurel. Senate Majority Leader Carol Williams, D-Missoula, called last week's 3-hour committee hearing "one of the more powerful hearings" she's heard on the death penalty. Lawmakers who opposed the measure cited the Old Testament's an eye-for-an-eye passage, and remained adamant that society should have the option to take away the life of a convicted murderer who purposefully and knowingly commits brutal acts, McGee said. "We are all given a choice on how we are going to live," he said. "If they (murderers) reach a point where they continue to do these things, society has the right to say, 'No. No more.'" Supporters emphasized the irreversibleconsequences of wrongfully executing someone, and pointed to the number of exonerations in recent years because of improved DNA technology. "I don't think we know who's innocent and who's guilty," Williams said. "The government shouldn't be in the business of executing people." A life sentence with no chance of parole is practically a death sentence anyway, argued Sen. Aubyn Curtiss, R-Fortine. The death penalty is a better alternative to the poor quality of life an inmate leads living the remainder of their days behind bars, she said. On a national level, 12 states have abolished the death penalty, and six states, plus the District of Columbia, have suspended the practice while courts and studies consider whether lethal injection is cruel and unusual punishment. (source: Great Falls Tribune) CALIFORNIA: Calif. seeks advice on lethal injection changes In San Francisco, California penal officials are traveling nationwide to confer with experts to overcome a federal judge's objections to its execution procedure, the state's top prison official said on Thursday. In December, federal Judge Jeremy Fogel found the state's executions through lethal injection unconstitutional, but gave officials until May to present a new procedure. "I have people on my staff who are traveling around the country assessing our policies and procedures and what changes need to be made to be compliant with the court," James Tilton, secretary of the California Department of Corrections and Rehabilitation, said in an interview. The courts "have indicated that they think there are improvements that can be made to pass the constitutionality and we are confident that we can do that now," he continued. "By looking around the country we are think that we can provide some improvements to our process that will be compliant." The death penalty is under what may be an unprecedented review in the United States, mostly involving questions about lethal injection, by far the most common method of execution. About 1/3 of the 38 states that allow capital punishment have halted or delayed executions while legal and ethical challenges are resolved. The review by Judge Jeremy Fogel in San Jose finding "implementation of lethal injection is broken, but it can be fixed" has put executions on hold in California, the nation's most populous state. Lawyers for a condemned California inmate had argued that lethal injection constitutes 'cruel and unusual' punishment barred by the U.S. Constitution. The court proceedings found shortcomings in past executions, including in 2005 when guards could not connect a back-up intravenous line to Stanley "Tookie" Williams, the ex-Crips gang leader who later wrote anti-gang books. "I wasn't here, don't have all the details of it," Tilton, who took office last year, said of past problems. "I read some testimony that caused me some concern." "Clearly we have to reassess our process." Tilton also said he concurred with the chief justice of California's Supreme Court who told Reuters in December 2005 that the state should speed its execution process. "We have people who are over 20 years on death row and that's not prompt justice," Tilton told Reuters. "We've got to find a way to provide those folks their due process. It seems to me that something short of 20, 25 years is more appropriate." (source: Reuters) SOUTH DAKOTA: Senate passes fix to death penalty----Law now gives latitude to corrections officials in administering lethal injection A bill to fix a conflict between state law and prison procedure that delayed a scheduled execution last summer passed 26-7 in the state Senate on Wednesday. The measure, requested by the governor, already had passed the House. It would give the prison warden and secretary of corrections more flexibility in deciding the type and combination of drugs to use in lethal injections. Gov. Mike Rounds last August delayed the scheduled execution of convicted murder Elijah Page. The governor announced only a few hours before the sentence was to be carried out that state law and prison procedure conflicted. The law specified a 2-drug combination for the execution, but prison officials planned to use a 3-drug sequence common in many other states that have the death-penalty. Page's execution now is scheduled for early July. Senators argued at length about a proposal to place a moratorium on executions and study the death penalty for a year. Sen. Ben Nesselhuf, D-Vermillion, said the state never is against education studies and just this session created a commission to review open records rather than pass a bill opening almost all records. Sen. Gene Abdallah, R-Sioux Falls, said the delay wasn't needed. "The last execution was in 1947. We've had 60 years to study this issue," he said. "Yes, we've not done an execution for 60 years," Nesselhuf said. "We might be a little rusty." Senate Republican Leader David Knudson of Sioux Falls said lawmakers needed to focus on fixing the conflict in statutes and policy, which he said the bill being debated does. "We've had ample opportunity this session to debate the death penalty," he said. "Both those bills in the House and the Senate died in committee." He referred to unsuccessful proposals in each house to repeal capital punishment. Sen. Jerry Apa, R-Lead, the legislative district in which the murder for which Page was convicted took place, said, "Too many times we coddle the criminals and forget the victims. I will not forget the victims." It wouldn't be coddling Page to make him wait another year for death, said Sen. Gil Koetzle, D-Sioux Falls. He said Page has waived appeals and asked to be executed. "Let's let him sit for a year, let's let him think for a year," Koetzle said. "Do I know if he thinks about the victim every day? No, I don't. But I can promise you this - he thinks about how he really doesn't like where he is." Senators killed the moratorium amendment 22-12 before passing the other bill. (source: Argus Leader)
[Deathpenalty] death penalty news----KY., MONT., CALIF., S. DAK.
Rick Halperin Fri, 16 Feb 2007 10:43:21 -0600 (Central Standard Time)
